20090812Revised Amendment 3.pdf

RECEI nt..
~.ver,Zon
2009 AUG l 2 AM 8: 21
IDAHO PUBLIC
UTILITIES COMMISSION
Verizon Northwest Inc.
20575 NW Von Neumann Dr.
Suite 150
Beaverton, Oregon 97006-6982
Mailcode: OR030156
Fax [phone]
August 11, 2009
Ms. Jean Jewell
Idaho Public Utilities Commssion
472 W. Washington
Boise, Idaho 83720
ti
RE: vz;- T -04-03(3) Amendment Number 3 to the Interconnection Agreement between XO
Communications and Verizon Northwest, Inc.
Dear Ms. Jewell,
On August 5th 2009, I fied Amendment 3 for the Interconnection Agreement between Verizon Northwest
and XO Communications. On August 10th, Grace Seaman contacted me to advise that the Commssion had
already approved Amendment 3 to ths agreement. The purose of this letter is to inform the Commssion
that there was a pricing error in the original Amendment 3, and the August 5th version serves to replace the
incorrect Amendment 3 previously approved by the Commssion on February 18,2009 by Order 30730.
Please contact me at [phone] if you have any questions.
Sincerely,
Renee M Wiler
Reneè M. Wiler
Verizon External Affairs
renee. wi1er~verizon.com
~
'I,
r RECEIVED
Jeffy A. Masoner
Vice Preident
Partner Solutions
Marketing & Sales
2009 AUG -7 PH 2: 04
IDAHO PLJEL ç. "'!
UTILITIES COMM b;;l()f'¡
VIA FEDERAL EXPRESS
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Parter Solutions
sales andIntnnection Serces
1320 N Court Hous Rd
8th Floor
Arlington, VA 22201
Phone: [phone]
jefrey.a.masonerliverÍZon.com
May 21, 2009
Heather Gold
Senior Vice President, External Affai
XO Communications Services, Inc.
3865 Sunse Valley Drive
Herndon, VA 20171
Re: Amendments to Interconnection Agreements
Dear Ms. Gold:
Effective as of October I, 2008, the Verizon entities liste in Attachment 1 to this letter
(the "Verizon Pares") and the XO entities listed in Attachment 2 to ths letter (the "XO
Pares") entered into certai amendments to their effective interconnection agreements
(the "Amendments"). By this letter, the XO Paries and the Verizon Pares agree to
replace the Amendments with the revised and restate amendments included in
Attachment 3 to ths letter (the "Revised Amendments"). In each case, the Amendment.
or Amendments between an XO Pary and a Verizon Pary shall be replaced in their
entiety with the applicable Revised Amendment or Amendments. Each of the
,~
Heather Gold
Senior Vice President, External Afai
XO Communcations Services, Inc.
3865 Sunse Valley Drive
Herndon, VA 20171
-Page 2-
Amendments shal be deemed void ab initio, and each of the Revised Amendments shall
be deemed effective nunc pro tunc, as set fort therein.
Ver trly yours,~aú~
(j/t PMasoner
On behalf of the Verion Pares
Accepted and Agreed to:
rfJJlU~
Heather Gold
On behalf of the XO Pares
~
Attachment 1
Verin Entities
Verion Delaware LLC, fIa Veron Delaware Inc.
Verizon Marland Inc.
Verzon New Jersey Inc.
Verizon Pennsylvana Inc.
Verizon Virginia Inc.
Venzon Washington, DC Inc.
Venzon West Virginia Inc.
Venzon New England Inc.
Verion New York Inc.
Verizon Calorna Inc.
Verizon Florida LLC, flka Verizon Florida Inc.
Verion Nor Inc.
Verizon Nortwest Inc.
Verion South Inc.
GTE Southwest Incorporate, d//a Verion Southwest
Contel of the South, Inc., d//a Venzon Nort Systems
~
XO Communcations Servces, Inc.
XO Virginia, LLC.
AUachment2
XOEntities
Attachment 3
Revised Amendments
0E' CE.I\JE-l'i \ . ' _ lei
AMENDMENT NO.3 2009 AUG - 7 PH 2: 04
TO THE 10""01"\(""'1 ,."'AM PiJt....lL
UïiLlT1ES COMMISSIONINTERCONNECTION AGREEMENT
BETWEEN
VERIZON NORTHWEST INC., F/KIA GTE NORTHWEST INCORPORATED
AND
XO COMMUNICATIONS SERVICES, INC.
This Amendment NO.3 (this "Amendment") shall be deemed effective as of October 1, 2008 (the
"Amendment Effective Date"), by and between Verizon Northwest Inc., f/k/a GTE Northwest Incorporated
("Verizon"), a Washington corporation with offces at 180041 st Street, Everett, WA 98201, and XO
Communications Services, Inc. ("XO"), a corporation with offces at 1601 Trapelo Road, Suite 397,
Waltham, MA 02451. (Verizon and XO may be hereinafter referred to individually, as a "Party" and
collectively as the "Parties").
WITNESSETH:
WHEREAS, Verizon and XO are parties to an interconnection agreement under Sections 251
and 252 of the Communications Act of 1934, as amended (the "Act") dated February 9,2000 (such
agreement, including such amendments as may be effective prior to the effectiveness of this Amendment,
the "Agreement"); and
WHEREAS, the Parties wish to amend the Agreement to address the matters set forth herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the receipt and
suffciency of which are hereby acknowledged, the Parties agree as follows:
1. Amendment to Agreement. As of the Amendment Effective Date, the Agreement is hereby
amended to incorporate the terms and conditions set forth in this Amendment, all of which shall
apply to and be a part of the Agreement (hereinafter referred to as the "Amended Agreement")
notwithstanding any other term or condition of the Agreement, a Tariff or a Statement of
Generally Available Terms and Conditions.
2. Exchange of VOIP Traffc.
2.1 An Originating Part delivering Interexchange VOIP Traffc to the Terminating Part for
termination on the Terminating Part's network shall compensate the Terminating Part
at the Interexchange VOIP Rate for the transport and termination of such Interexchange
VOIP Traffc.
2.2 VOIP Traffc may be exchanged over the local interconnection trunk groups established
pursuant to the Agreement. A Party using local interconnection trunk groups to transport
Interexchange VOIP Traffc shall bear proportional financial responsibility for those trunks
and facilties. To the extent that a Part uses facilities provided by the other Part for
transport, the other Part shall bil, and such Part shall pay, for such facilities at the
other Party's relevant tariffed accss rates (interstate to the extent that the Interexchange
VOIP usage is compensated at interstate rates herein, or intrastate to the extent that the
XO 10 VolP _Amend_051109_final
Interexchange VOIP usage is compensated at intrastate rates herein), to the extent, and
in the proportion, that such facilities are used to carr Interexchange VOIP Traffc;
provided that such rates shall not exceed Verizon's tariffed rates for like services.
2.3 No interconnection or network architecture changes are required or intended to be
required by this Amendment for the exchange of such traffc.
2.4 An Originating Part delivering Local VOIP Traffc to the Terminating Part for termination
on the Terminating Party's network shall compensate the Terminating Part for the
transport and termination of such Local VOIP Traffc at the rate that would apply (e.g., the
reciprocal compensation rate or the ISP rate) under the Agreement to like traffc that is
not VOIP Traffc (such rate, the "Local VOIP Rate).
3. FCC VOIP Order. If the FCC issues an order on or after the Amendment Effective Date that
specifies what compensation is due for the exchange of Interexchange VOIP Traffc, such
compensation shall apply prospectively according to the implementation dates set forth in such
order without the need for further amendment to the Amended Agreement to incorporate such
compensation mechanisms; provided that if such order is modified, stayed, or set aside by the
FCC or a court of competent jurisdiction, the Parties shall modify, stay, or set aside their
implementation thereof accordingly.
4. Effectiveness of Amendment.
4.1 This Amendment shall remain in effect through December 31,2009. On or after January
1,2010, either Party may cause this Amendment to terminate by written notice delivered
to the other Part on or after December 2,2009, specifying a termination date not less
than 30 days after delivery of such notice (such date, the "Amendment Termination
Date"). After the Amendment Termination Date, the subject matter hereof shall be
governed by the Agreement, or by such other agreement as the Parties may enter into
after the date hereof.
4.2 The relationship of the Parties with respect to the subject matter hereof shall be governed
by this Amendment through the Amendment Termination Date, notwithstanding the
expiration or termination of the Agreement. In case the Agreement is terminated,
replaced or otherwise superseded prior to the Amendment Termination Date, this
Amendment shall remain in full force and effect, and shall continue to govern the subject
matter hereof.
5. (Intentionally Omitted)
6. Biling.
6.1 The Parties shall work together cooperatively to establish billng and payment procedures
to implement the terms hereof, including without limitation methods for identifying
Interexchange VOIP Traffc for billng purposes. Such methods may include, without
limitation, the establishment of factors to distinguish the portion of a Party's traffc that is
Interexchange VOIP Traffc.
6.2 For Originating VOIP Traffc, subject to the terms of subsection 6.1 hereof, an Originating
Part shall track, and identify to the Terminating Part, the Originating VOIP Traffc that is
Interexchange VOIP Traffc that the Originating Part delivers to the Terminating Part,
and shall, upon request of the Terminating Party, supply such data as may be reasonably
required to support the Originating Part's characterization of such traffc as
Interexchange VOIP Traffc or otherwise.
XO 10 VolP _Amend_051109_final 2
6.3 For Terminating VOIP Traffc, if a Terminating Part terminates more than a de minimis
amount of Terminating VOIP Traffc to its end users, it shall promptly notify the
Originating Part, and, subject to the terms of subsection 6.1 hereof, the Terminating
Part shall track, and identify tathe Originating Part, the Terminating VOIP Traffc that is
Interexchange VOIP Traffc that the Originating Party delivers to the Terminating Part,
and wil, upon request of the Originating Part, supply such data as may be reasonably
required to support the Terminating Part's characterization of such traffc as
Interexchange VOIP Traffic or otherwise.
7. Definitions. As used in this Amendment, the following capitalized terms shall have the specified
meanings:
7.1 "Interexchange VOIP Traffc" means VOIP Traffc that is terminated by a Part to its end
user whose physical location is outside the mandatory local callng area (including non-
optional EAS, and based on Verizon's local calling areas) of the physical location of the
originating end user.
7.2 "Interexchange VOIP Rate" means:
7.2.1 If a Party is a Qualified Party, the Interexchange VOIP Rate shall be the
Terminating Part's interstate terminating switched access rates; provided that
such rates shall not exceed Verizon's tariffed interstate terminating switched
access rates (as such rates may be in effect or modified from time to time).
7.2.2 If a Part is not a Qualified Part, the Interexchange VOIP Rate shall be (a) for
traffic that is interstate based on the physical locations of the callng and called
parties, the Terminating Part's interstate terminating switched access rates;
and (b) for traffc that is intrastate based on the physical locations of the callng
and called parties, the Terminating Part's intrastate terminating switched
access rates; provided that in each case such rates shall not exceed Verizon's
applicable tariffed terminating switched access rates (as such rates may be in
effect or modified from time to time).
7.3 "Local VOIP Traffc" means VOIP Traffc that is terminated by a Part to its end user
whose physical location is within the mandatory local callng area (including non-optional
EAS, and based on Verizon's local callng areas) of the physical location of the
originating end user.
7.4 "Originating Party" means a Part that delivers traffc (including traffc that originates on
the Originating Part's network and third-part traffc) to the other Part for termination on
the other Party's network.
7.5 "Originating VOIP Traffc" means VOIP-to-PSTN Traffc and VOIP-to-VOIP Traffc.
7.6 "Phone-to-Phone VOIP Traffc" means communications that originate and terminate on
the public switched telephone network but are transmitted by Internet Protocol at some
point in the middle, as set forth in the FCC's Order, In the Matter of Petition for
Declaratory Ruling that AT& T's Phone-to-Phone IP Telephony Services are Exempt from
Access Charges, FCC 04-97, WC Docket No. 02-361 (reI. April 21, 2004).
7.7 "Qualified Part" means a Party that meets each of the following conditions:
7.7.1 For each of the three calendar months immediately preceding the calendar
month in which the Amendment Effective Date falls, such Part, combined with
all of its affliates, must have been billed by the other Part, combined with all
XO 10 VolP _Amend_051109_final 3
of its affliates, intercarrier compensation for the transport and termination of
local traffc, ISP-bound traffc, and VOIP traffc, totaling not less than sixty
thousand U.S. Dollars ($60,000).
7.7.2 As of the Amendment Effective Date and until the Amendment Termination
Date, such Part, and each of its affliates, shall be a part to terms
substantially the same as those set forth in this Amendment in every
jurisdiction in which they are parties, with the other Part or any of its affliates,
to an interconnection agreement under Sections 251 and 252 of the Act.
7.7.3 As of the Amendment Effective Date, such Part, together with all of its
affliates, shall have no outstanding liability for payment on any invoices
rendered by the other Part, or any of its affliates, before the Amendment
Effective Date.
7.7.4 As of the Amendment Effective Date, such Party shall not have any
outstanding billng disputes with the other Party over any invoices dated on or
before the Amendment Effective Date.
7.7.5 Notwithstanding any other provision hereof, if XO is a Qualified Part, Verizon
shall be deemed to be a Qualified Party.
7.7.6 For purposes of this section 7.6, the term "affiliates" means, as to XO, all of the
competitive local exchange carriers controlled by or under common control
with XO; and as to Verizon, all of the incumbent local exchange carriers
controlled by or under common control with Verizon.
7.8 "Terminating Part" means a Part that terminates, on its network, traffc delivered by the
Originating Party.
7.9 "Terminating VOIP Traffc" means PSTN-to-VOIP Traffic and VOIP-to-VOIP Traffc
7.10 "VOIP Traffic" means voice communications and such other applications (e.g., fax
transmissions) that (a) originate in Internet protocol ("IP") format at the end usets
customer premises, are transmitted over a broadband connection to an IP service
provider (including a Party or a third party) in IP format, are converted from IP format to
circuit switched format (before delivery to the Terminating Part, or, upon agreement of
the Parties, after delivery to the Terminating Part), and are delivered by the Originating
Part to the Terminating Part for termination by a circuit switch on the public switched
telephone network, (b) originate on the public switched telephone network, are delivered
to the Terminating Part, are converted from circuit-switched format to IP format (after
delivery to the Terminating Part, or, upon agreement of the Parties, before delivery to
the Terminating Part), and terminated by an IP service provider (including a Party or a
third part) in IP format over a broadband connection to the end user's customer
premises ("PSTN-to-VOIP Traffic"), or (c) originate in IP format at the end user's
customer premises, are transmitted over a broadband connection to an IP service
provider (including a Party or a third part), and are delivered (via interconnection trunks
established in accordance with the Agreement) to the Terminating Party, for termination
by an IP service provider (including a Part or a third part) in IP format over a
broadband connection to the end user's customer premises ("VOIP-to-VOIP Traffic"), in
each case including such traffc that is originated by a Part or by a third part; provided,
however, that VOIP Traffc does not include Phone-to-Phone VOIP Traffc or toll free
access code (8VY) traffc.
8. Miscellaneous Provisions.
XO 10 VolP _Amend_051109_final 4
8.1 Conflict. This Amendment shall be deemed to revise the terms and conditions of the
Agreement to the extent necessary to give effect to the terms and conditions of this
Amendment. In the event of a conflict between the terms and conditions of this
Amendment and the terms and conditions of the Agreement, this Amendment shall
govern, but the fact that a term or condition appears in this Amendment but not in the
Agreement, or in the Agreement but not in this Amendment, shall not be interpreted as,
or deemed grounds for finding, a conflict.
8.2 Counterparts. This Amendment may be executed in 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.
8.3 Captions. The Parties acknowledge that the captions in this Amendment have been
inserted solely for convenience of reference and in no way define or limit the scope or
substance of any term or condition of this Amendment.
8.4 Scope of Amendment. This Amendment shall amend, modify and revise the Agreement
only to the extent set forth expressly in this Amendment and, except to the extent
expressly set forth in this Amendment, the terms and conditions of the Agreement shall
remain in full force and effect, but nothing in this Amendment shall be deemed to amend
(or extend) the term of the Amended Agreement, or to affect the right of a Part to
exercise any right of termination it may have under the Amended Agreement.
8.5 Joint Work Product. The Parties acknowledge that this Amendment is the joint work
product of the Parties, and that, accordingly, in the event of ambiguities, no inferences
shall be drawn for or against either Part on the basis of authorship of this Amendment.
8.6 Amendments. No amendments or modifications shall be made to this Amendment unless
in writing and signed by authorized representatives of the Parties.
8.7 Waivers. A failure or delay of either Part to enforce any of the provisions of this
Amendment, or any right or remedy available under this Amendment, or at law or in
equity, or to require performance of any of the provisions of this Amendment, or to
exercise any option that is provided under this Amendment, shall in no way be construed
to be a waiver of such provisions, rights, remedies or options.
8.8 Reservation of Rights. The Parties disagree as to whether, under applicable law,
Interexchange VOIP Traffc constitutes non-local telecommunications traffc that, apart
from the provisions of this Amendment, would be subject to terminating charges at the
appropriate jurisdictional rates, per the appropriate tariff or agreement governing such
non-local telecommunications traffc. By entering into this Amendment, neither Part
waives its right to advocate its view with respect to this issue. The Parties agree that
nothing in this Amendment shall be construed as an admission that Interexchange VOIP
Traffc is, or is not, non-local telecommunications traffc in nature. The Parties further
agree that any payments under the terms of this Amendment shall not be construed as
agreement or acquiescence that, under applicable law, Interexchange VOIP Traffc
constitutes non-local telecommunications traffc that, apart from the provisions of this
Amendment, would be subject to terminating charges at the appropriate jurisdictional
rates, per the appropriate tariff or agreement governing such non-local
telecommunications traffc.
(Signature Page Follows)
XO 10 VolP _Amend_051109_final 5
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of
the Amendment Effective Date.
XO COMMUNICATIONS SERVICES, INC.VERIZON NORTHWEST INC.
By:~~~C~.lÆ-
Printed: Jeffey A. MasonerPrinted: Heather Gold
Title:Sr. Vice President. External Affairs Title: Vìce President - Interconnection Services
Policy and Planning
XO 10 VolP _Amend_051109_final 6