20130404Amendment 1.pdf

fiop
April 3, 2013
iU —L Mir- 26
WAHO
ITfl
805 Central Expressway South
Suite 200
Allen, Texas 75013
Phone [phone]
Fax [phone]
Email: kimberly.a.dou [e-mail]
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
Re: VZN-T-05-02 - Amendment No. 1 to the Interconnection Agreement between Frontier
Communications Northwest Inc. f/k/a Verizon Northwest Inc. f/k/a GTE Northwest Incorporated
and Verizon Wireless
Dear Ms. Jewell:
Attached for filing and approval are one original plus three copies of Amendment No. 1 to the
Interconnection Agreement between Frontier Communications Northwest Inc. f/k/a Verizon
Northwest Inc. f/k/a GTE Northwest Incorporated and Verizon Wireless (RCC Holdings, Inc.).
Please call me at [phone] if you have any questions.
Sincerely,
Kim Douglass
Manager
Compliance - Regulatory Affairs
Enclosures
AMENDMENT NO. (1)
TO THE
INTERCONNECTION AGREEMENT
BETWEEN
FRONTIER COMMUNICATIONS NORTHWEST INC., F/K/A VERIZON NORTHWEST INC.,
F/K/A GTE NORTHWEST INCORPORATED
VERIZON WIRELESS
This Amendment No. 1 (this 'Amendment") shall be deemed effective on July 1, 2012
(the "Amendment Effective Date") by and between Frontier Communications Northwest Inc., f/k/a
Verizon Northwest Inc,, a Washington corporation, ("Frontier") with offices at 180 S. Clinton
Avenue, Rochester, NY, 14646, and the Verizon Wireless entities listed on the signature page of
this Amendment, each having an office and principal place of business at One Verizon Way,
Basking Ridge, NJ 07920 (collectively "Verizon Wireless). Frontier and Verizon Wireless 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 Inc. in the state of Idaho (the "State").
WITNESSETH:
WHEREAS, Frontier and Verizon Wireless are Parties to an interconnection agreement
under Sections 251 and 252 of the Communications Act of 1934, as amended (the "Act") dated
July 23, 2003 (the "Agreement"); and
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Amendment to Agreement. 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, a Frontier Tariff or a Frontier
Statement of Generally Available Terms and Conditions ('SGAT").
Miscellaneous Provisions
2.1 Conflict Between this Amendment and the Agreement. 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; 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 2.1.
2.2 Capitalization. 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 shall be an original and all of
which together shall constitute one and the same instrument.
2.4 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.
2.5 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 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.
2.9 Definitions. Notwithstanding any other provision in the Agreement, this
Amendment or any Verizon Tariff or SGAT, the term "Tariff," as used in this
Amendment, shall mean: (a) Any applicable Federal or state tariff of a Party, as
amended from time to time; or (b) any standard agreement or other document, as
amended from time to time, that sets forth the generally available terms,
conditions and prices under which a Party offers a Service. The term "Tariff' does
not include any Frontier Statement of Generally Available Terms (SGAT) which
has been approved or is pending approval by the Commission pursuant to
Section 252(f) of the Act.
3. lntraMTA Traffic. Reciprocal compensation rates in this Agreement will be reduced or
eliminated as provided in the USF/ICC Transformation Order FCC 11-161 (rel. November 18,
2011) and in FCC 11-189 Order on Reconsideration (rel. December 23, 2011) as such order may
be stayed, revised, reconsidered, changed or modified. When any such stay, revision,
reconsideration, change or modification is effective, and changes the reciprocal compensation
rate for lntraMTA traffic, such action will be automatically incorporated into this Agreement. For
clarity, the reciprocal compensation rate, effective July 1, 2012, will be zero subject to any future
stay, revision, reconsideration, change or modification of the USF/ICC Transformation Order.
Notices
4.1 All notices required under the Agreement for Frontier 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.
Frontier Communications
Attn: Director, Business Operations - Carrier Services
180 S. Clinton Ave
Rochester, NY, 14646
With Copy to:
Frontier Communications
Attn: Legal Department
3 High Ridge Park
Stamford, CT 06905
3
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed as of the Amendment Effective Date.
RCC Minnesota, Inc.
Rural Cellular Corporation dibla Verizon Wireless
B3CM
Printed: tk)(jjjç 1. 'JC&i4 J J(.
Title: Pt&t /ice. ct tW/
Date:________________________
Frontier Communications Northwest Inc. (ID)
By:
Printed: Stephen LeVan
Title: SVP, Carrier Sales and Services
Date: at. 13
4