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
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Frontlar Conrmunhatlonc Nortlmot lnc.
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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