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HomeMy WebLinkAbout20150430Amendment 4.pdffffiep'' ,: i' ?fir5 F,PR 3 0 Pl,i 32 April28,2015 Ms. Jean Jewell, Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise, lD 83720-0074 Re: VZN-T-04-03 - Amendment No. 4 to the Interconnection Agreement between Frontier Communications Northwest Inc. and XO Communications Services, LLC Dear Ms. Jewell: Attached for filing and approval are one original plus three copies of Amendment No. 4 to the Interconnection Agreement between Frontier Communications Northwest lnc. flWa Verizon Northwest Inc. and XO Communications Services, LLC. Please call me at (972) 908-4415 if you have any questions. Sincerely, 805 Central Expressway South Suite 200 Allen, Texas 75013 Phone 972-90844 I 5 Fax214-383-2737 Email : kimberly-a.douqlassi?ft r.conr Kim Douglass Manager Compliance - Regulatory Affairs Enclosures AMENDMENT NO. (4 ) TO THE INTERCONNECTION AGREEMENT BETWEEN FRONTIER Communications Northwest lnc. AND XO Communications Services, LLC This Amendment No. (a) (this "Amendment') shall be deemed effective July 1, 2014 (the "Amendment Effective Date') by and between Frontier Communications Northwest lnc.. f/Ua GTE Northwest lnc., a Washington corporation, ('Frontief) with offices at 3 High Ridge Park, Stamford, CT 06905, and XO Communications Services, LLC ('XO') a limited liability company registered in Delaware, with offices at 13865 Sunrise Valley Drive, Herndon, VA 20171 . Frontier and XO may be hereinafter referred to individually as a "Party" and collectively as the "Parties". This Amendment only covers the services addressed herein that Frontier provides in its operating territory in the legal entity of Frontier Communications Northwest lnc for the state of ldaho (the "State"). WITNESSETH: WHEREAS, Frontier and XO are Parties to an interconnection agreement under Sections 251 and 252 ol the Communications Act of 1 934, as amended (the "Act") dated February 9, 2000 in docket number VZN T-04-03, Order 29460 (the "Agreement"); and NOW, THEREFORE, in consideration of the mutualpromises contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Amendment to Aoreement. The Agreement is 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 Amended Agreement or a Frontier Tariff. 2. Miscellaneous Provisions 2.1 Conflict Between this Amendment and the Aqreement. 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. ln 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; provided, however, that 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 for purposes of this Section 2. 2.2 Caoitalization. Capitalized terms used and not otherwise defined herein have the meanings set forth in the Amended Agreement. 2.3 Counterparts. This Amendment may be executed in one or more counterparts, each of which when so executed and delivered shallbe an originaland allof which together shall constitute one and the same instrument. 2.4 Caotions. 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 substiance of any term or condition of this Amendment. 2.5 Scooe 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 after the Amendment Effective Date. 2.6 Joint Work Product. The Parties acknowledge that this Amendment is the joint work product of the Parties, that, for convenience, this Amendment has been drafted in final form by Frontier and that, accordingly, in the event of ambiguities in this Amendment, no inferences shall be drawn for or against either Party on the basis of authorship of this Amendment. 2.7 Amendments. No amendments or modifications shall be made to this Amendment unless in writing and signed by appropriate representatives of the Parties. 2.8 Waivers. A failure or delay of either Party 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. 3. Definitions. 3.1 "VolP-PSTN Traffic" includes any traflic previously referred to in the Agreement as "VolP" or'VolP Traffic", and is defined as traffic which is exchanged between the Parties in Time Division Multiplexing ('TDM') format that originates and/or terminates at an end user location in lnternet Protocol ("1P") format, as determined in the USF/ICC Transformation Order FCC 11-161 (rel. November 18,2011). 3.2 "Local VoIP-PSTN Traffic" is Vo|P-PSTN Traffic that physically originates and terminates within the same Frontier local calling area, or mandatory extended area service (EAS) area, as defined by the Commission or, if not defined by the Commission, then as defined in existing Frontier Tariffs, and shall be considered to be "Local Traffic" as such term is used in the Agreement. 3.3 "Toll VoIP-PSTN Traffic' is Vo|P-PSTN Traffic that physically originates and terminates in separate Frontier local calling areas, or mandatory extended area service (EAS) areas, as delined by the Commission or, if not defined by the Commission, then as defined in existing Frontier Tariffs. 4. Reciorocal Compensation. Upon the Amendment effective date, Reciprocal compensation rates in this Agreement will be phased down as provided in the USFI/CC Transformation Order FCC I 1 -1 61 (rel. November 1 8, 201 1 ) as such order may be revised, reconsidered, modified or changed in theh future. For clarity, Reciprocal Compensation rates are capped and subject to reductions pursuant to the FCC's Reform Timeline as outlined in paragraph 801 of FCC 1'1-161, or as such Reform Timeline may be revised, reconsidered, modified or changed in the future. 5. VolP Traffic. Upon following the Amendment effective date, VolP-PSTN Traffic exchanged pursuant to this Agreement will be governed by the default provisions of USF/ICC Transformation Order FCC 11-161 (rel. November 18,2011) as such order may be revised, reconsidered, modified or changed in the future. For clarity, and subject to any future revisions, reconsiderations, modifications or changes in the USF/ICC Transformation Order, interexchange Toll Vo|P-PSTN Trafftc terminated to either Party is subject to interstate access charges, and Local Vo|P-PSTN Traffic terminated to either Party is subject to the reciprocal compensation provisions of this Agreement. The Parties agree access charges will comply with all FCC mirroring and default phase-down requirements. Notices 6.1 All notices required under the Agreement shall be sent to the contacts listed below and includes, but is not limited to, notice for legal, regulatory, billing, tax related documents, and insurance related documents. To Frontier: Frontier Communications Attn: Director, Business Operations - Carrier Services 63 Stone Street Rochester, NY, 14604 With Copy to: Frontier Communications Attn: Associate General Counsel 3 High Ridge Park Stamford, CT 06905 To XO: XO Communications Attn: Gegi Leeger, Directory - Regulatory Contracts 13865 Sunrise Valley Drive Herndon, VA 20171 With a Copy to: XO Communications Attn: Rex Knowles, Ex. Director - State Regulatory 7050 Union Park Center, Suite 400 Midvale, UT 84047 N WtrilESS VUIIERtsOF, lha Padcr hcrob htw ceueod trb furcndmant to bo rrctlned er o{ hc &nendmont Eff.cdw D.L. Frontlar Conrmunhatlonc Nortlmot lnc. Tltb: S\lP. Crnler Salaa md Srrdce a*,. dfuslk"t'.. --"Dera: ):)/- 4{ XO Gqnmunlcrtbm Ssvlcu, LLC EXHIBIT A INTERCARRIER COMPENSATION REFORM RATE REDUCTIONS EFFECTIVE DATE FRONTIER TANDEM ROUTED FRONTIER END OFFICE ROUTED 7t1t14 .00491130 .00322860 7t1115 .00280250 .00196240 7tlt16 .00070000 .00070000 7t1t17 Bill and keeo Billand keep 7t1118 Billand keeo Billand keep