20050107Amendment 1.pdf

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17933 N.W. Evergreen Pkwy
P.O. Box 1100
Beaverton, OR 97076
UTILiTiES COt"U-'1iSSION
January 6 , 2005
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise , Idaho
RE: Amendment 1 to the Interconnection Agreement between XO Idaho, Inc. and
Verizon Northwest Inc.
Dear Jean
Enclosed are the original and three copies of amendment 1 to the agreement
between XO Idaho, Inc. and Verizon Northwest Inc. originally approved by the
Commission in docket VZN-04-3. Please call me at [phone] if you
have any questions.
or'
Renee Willer
External Affairs and Public Policy
Verizon Northwest Inc.
Enclosures
HECEIVED ITJ
AMENDMENT NO.FILED
2005 JAN -1 At"iIO=
to the
,....
. HU F:CUBL!C
INTERCONNECTION AGREEMEN~TILtT!ES GOf"H1ISSION
between
VERIZON NORTHWEST INC.
FIKIA GTE NORTHWEST INCORPORATED
and
XO IDAHO, INC.
FOR THE STATE OF IDAHO
This Amendment Number 1 (the "Amendment") to the Interconnection Agreement
between Verizon Northwest Inc., f/k/a GTE Northwest Incorporated ("Verizon ), and XO Idaho
Inc. ("XO") is effective June 14 2001. XO and Verizon may be referred to jointly hereinafter as
the "Parties
WITNESSETH:
WHEREAS, effective February 9, 2000, XO and Verizon entered into an interconnection
agreement for the State of Idaho (the "Interconnection Agreement"); and
WHEREAS, the Parties desire to amend the terms of the Interconnection Agreement.
NOW THEREFORE, in consideration of the promises and mutual agreements set forth
herein, the Parties agree to amend the Interconnection Agreement as follows:
1. Notwithstanding any possible contrary construction of the Interconnection Agreement
Internet Service Provider ("ISP"bound Traffic shall not be eligible for payment of reciprocal
compensation pursuant to 47 D.C. 251(b)(5) under the Interconnection Agreement. The
Parties' rights and obligations with respect to any intercarrier compensation that may be due in
connection with their exchange of ISP-bound traffic shall be governed by the Order on Remand
and Report and Order In the Matter of Implementation of the Local Competition Provisions in
the Telecommunications Act of 1996 Intercarrier Compensation for ISP Bound Traffic FCC 01-
131 , CC Docket Nos. 96-98 and 99-remanded sub nom. WorldCom, Inc. v. FCC 288 F.3d
429 (D.C. Cir. 2002), including, but not limited to, the rebuttable presumption established by the
Order on Remand that traffic delivered to a carrier that exceeds a 3: 1 ratio of terminating to
originating traffic is ISP-bound Traffic, and in accordance with the process established by the
Order on Remand for rebutting such presumption before the state commission.
2. Notwithstanding any other provision of the Interconnection Agreement, any tariff, any
applicable law, any change in applicable law, or the applicability of any provision of the
Interconnection Agreement governing the Parties' respective rights or obligations in the event of
a change in applicable law, the Parties agree that all ISP-bound Traffic minutes of use received
by one party from the other party shall be subj ect to bill and keep.
3. Scope of Amendment.Except to the extent set forth in Sections 1 and 2 of this
Amendment, the rates, charges and other provisions of the Interconnection Agreement shall
remain in full force and effect after the Effective Date. Nothing in this Amendment shall be
deemed to extend the term of the Interconnection Agreement. This Amendment is not intended
to modify the term of the Interconnection Agreement or to affect either Party's right to exercise
any right of termination it may have under the Interconnection Agreement.
4. Conflict between this Amendment and the Interconnection Agreement.This Amendment
shall be deemed to revise the rates, charges and other provisions of the Interconnection
Agreement to the extent necessary to give effect to the rates, charges and other provisions of this
Amendment. In the event of a conflict between a rate, charge or other provision of this
Amendment and a rate, charge or other provision of the Interconnection Agreement, this
Amendment shall govern.
5. Counterparts. This Amendment may be executed in one or more counterparts, each of
which when so executed and delivered shall be an original and all of which together shall
constitute one and the same instrument.
IN \VITNESS \VHEREOF, the Parties heretohave caused this Amendment to be duly
executed and deli vered by their duly authorized representati Yes.
By:
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Verizon Northwest Inc.
f/k/a GTE Northwest Incoroorated
XO Idaho, Inc.
Printed:Heather Gold
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Title: Senior Vice President, Government
Relations
Title: Vice-President - Interconnection
Services Policy & Planning
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