20050107Amendment 2.pdf

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UTILi TIES COt"'lHISSION
17933 N.W. Evergreen Pkwy
P.O. Box 1100
Beaverton, OR 97076
January 6, 2005
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, Idaho
RE: Amendment 2 to the Interconnection Agreement between XO Idaho, Inc. and
Verizon Northwest Inc.
Dear Jean
Enclosed are the original and three copies of amendment 2 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.
Renee Willer
External Affairs and Public Policy
Verizon Northwest Inc.
Enclosures
AMENDMENT NO.
BECf rVED
FI L ED
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to the 'nf1 ' u M ...ff :1.3uli ..JM it . H
1 (I is F' L ! CINTERCONNECTION AGREEMENTUT!L (I~IES' CO~~tHfSSION
between
VERIZON NORTHWEST INC.,
F/K/A GTE NORTHWEST INCORPORATED
and
XO IDAHO, INC.
FOR THE ST ATE OF IDAHO
This Amendment Number 2 (the "Amendment") to the Interconnection Agreement
between Verizon Northwest Inc., f/k/a GTE Northwest Incorporated ("Verizon ) and XO Idaho
Inc. ("XO") is effective October 21 2004. 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 other provision of the Interconnection Agreement, the Parties agree
as follows:
(a) The Parties agree that in accordance with Section 4.2 of Article V of the
Interconnection Agreement, and for as long as the Parties operate under the
Interconnection Agreement, XO may invoice Verizon under the Interconnection
Agreement for the following elements in connection with Verizon s proportionate share
of use of DS-1 dedicated transport facilities carrying Verizon originated traffic from the
Interconnection Point or "IP" (as such term is defined in the Interconnection Agreement)
to XO's switch: (A) two (2) terminations at the then current rate in Verizon s applicable
intrastate access tariffs for DS-1 transport; and (B) airline mileage at the then current rate
in Verizon s applicable intrastate access tariffs for DS-1 transport. For the purposes of
Section 4.2 of Article V of the Interconnection Agreement, the Parties agree that the
airline mileage from the Verizon switch to the serving area boundary for all Verizon
switches in Idaho shall be 5 miles. XO agrees that Section 4.2 of Article V of theInterconnection Agreement does not permit XO to charge Verizon a rate element for
entrance facilities in connection with Verizon s use of transport facilities for Verizon
originated traffic.
(b) Verizon s billing systems currently do not adjust Verizon s charges for DS-facilities between the Interconnection Point or "IP" (as that term is defined in the
Interconnection Agreement) and Verizon s switch to reflect the usage of such facilities
for Verizon originated traffic. The Parties agree that until Verizon s billing system is
modified to adjust Verizon s charges to reflect Verizon s proportionate share of use of
Verizon s DS-3 dedicated transport facilities leased by XO between the Interconnection
Point or "IP" (as that term is defined in the Interconnection Agreement) and Verizon
switch: (A) Verizon shall be entitled to invoice XO for any such DS-3 dedicated transportfacilities ordered by XO at the rate(s) set forth in the applicable Verizon tariff as if 100%
of the facility is being used for XO originated traffic; and (B) XO shall be entitled in turn
to invoice Verizon for V erizon' s proportionate share of usage of such DS- 3 transport
facilities to deliver Verizon-originated traffic to XO using the same rate Verizon is using
to bill XO for such transport facilities.
( c ) The Parties agree that for as long as they operate under the Interconnection
Agreement, Verizon may order DS-3 dedicated transport from XO between the
Interconnection Point or "IP" (as that term is defined in the Interconnection Agreement)
and the XO switch for the purpose of delivering Verizon-originated traffic to XO. In theevent Verizon orders such transport, the applicable dedicated transport charges shall be
calculated in accordance with Section 4.2.2 of Article V of the Interconnection
Agreement, and the rates applicable to such DS-3 dedicated transport shall not exceed
Verizon s applicable tariffed rates for V erizon' s comparable service.
2. Scope of Amendment.Except to the extent set forth in Section 1 of this Amendment, therates, 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.
3. 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, thisAmendment shall govern.
4. Counterparts. This Amendment may be executed in one or more counterparts, each ofwhich when so executed and delivered shall be an original and all of which together shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be duly
executed and delivered by their duly authorized representatives.
XO Idaho, Inc.Verizon Northwest Inc., f/k/a GTE Northwest
Incorporated
By:r!t~
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Printed:Heather Gold Printed:Jeffrey A. Masoner
Title: Senior Vice President, Government
Relations
Title: Vice-President - Interconnection
Services Policy & Planning