20060202Amendment II.pdf

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20575 NW Von Neumann Drive, Suite 150
Hillsboro, OR 97006
February 1 2006
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Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
O. Box 83720
Boise, Idaho 83720-0074
Re: Amendment # 2 to Interconnection Agreement between Verizon Northwest Inc. and
Covista, Inc.
Dear Ms. Jewell:
Enclosed for filing is an original and three copies of Amendment # 2 to the Agreement
between Verizon Northwest Inc. and Covista, Inc.
Please call me at 503/645-7909, if you have any questions.
Thanks
enee M. Willer
Senior Staff Consultant
Enclosures
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AMENDMENT NO.
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TO THE riLil :L~; CO,;i'ii~;~~IO:,;
INTERCONNECTION AGREEMENT
BETWEEN
21J -::f -0 -b -o~VERIZON NORTHWEST INC.
AND
COVISTA, INC.
This Amendment No.2 (the "Amendment") is made by and between Verizon Northwest
Inc. ("Verizon ), a Washington corporation with offices at 180041 st Street, Everett, WA 98201
and Covista, Inc., a corporation with offices at 721 Broad Street, suite 200, Chattanooga
Tennessee 37402 ("Covista ), and shall be deemed effective on December 26,2005 (the
Amendment Effective Date ). Verizon and Covista are hereinafter referred to collectively as the
Parties" and individually as a "Party". This Amendment covers services in Verizon s service
territory in the State of Idaho (the "State
WITNESSETH:
WHEREAS , Verizon and Covista are Parties to an Interconnection Agreement under
Sections 251 and 252 of the Communications Act of 1934, as amended (the "Act") dated
December 26, 2005 (the "Agreement"); and
WHEREAS, the Federal Communications Commission (the "FCC") released an order on
August 21 , 2003 in CC Docket Nos. 01-338, 96-, and 98-147 (the "Triennial Review Order" or
IRO"), which became effective as of October 2 , 2003; and
WHEREAS , on March 2 2004, the U.S. Court of Appeals for the District of Columbia
Circuit (the "C. Circuit") issued a decision affirming in part and vacating in part the TRO (the
C. Circuit Decision ); and
WHEREAS , on August 20 2004, the FCC released an Order in WC Docket No. 04-313
and CC Docket No. 01-338 (the "Interim Rules Order ) setting forth certain interim rules rega rding
the temporary reinstatement of unbundling obligations for certain network elements with respect
to which the D.C. Circuit Decision holds that the FCC has made no lawful impairment finding
under Section 251 of the Act; and
WHEREAS , on February 4, 2005, the FCC released an Order on Remand in WC Docket
No. 04-313 and CC Docket No. 01-338 (the "TRRO") setting forth rules that supplanted , effective
March 11 , 2005, the temporary rules set forth in the Interim Rules Order and addressing the
remanded issues raised in the D.C. Circuit Decision; and
WHEREAS, in light of the foregoing developments, the Parties, pursuant to Section
252(a) of the Act, wish to amend the Agreement in order to give contractual effect to the
provisions set forth herein; and
NOW, TH EREFORE, in consideration of the promises and mutual agreements set forth
herein , the Parties agree to amend the Agreement as follows:
Covista 10 TRRO Amendment 2-
Amendment to Aareement.The Agreement is amended to include the following
provisions and the Pricing Attachment to the TRO Amendment (including Exhibit A)
attached hereto, all of which shall apply to and be a part of the Agreement
notwithstanding any other provision of the Agreement or a Verizon tariff or a Verizon
Statement of Generally Available Terms and Conditions ("SGAT").
General Conditions.
Notwithstanding any other provision of the Agreement, this Amendment, or any
Verizon tariff or SGAT: (a) Verizon shall be obligated to provide access to
unbundled Network Elements ("UNEs ), combinations of unbundled Network
Elements ("Combinations ), or UNEs commingled with wholesale services
Commingling ) to Covista under the terms of this Amendment only to the extent
required by both 47 U.C. 9 251(c)(3) and 47 C.R. Part 51, and (b) Verizon
may decline to provide access to UNEs, Combinations, or Commingling to
Covista under the terms of this Amendment to the extent that provision of access
to such UNEs, Combinations, or Commingling is not required by 47 U.C. 9
251(c)(3) or is not required by 47 C.R. Part 51.
To the extent Verizon is required to provide a UNE , Combination, or
Commingling under this Amendment, Covista may use such UNE, Combination,
or Commingling only for those purposes for which Verizon is required by 47
C. 9 251(c)(3) and 47 C.FR Part 51 to provide such UNE, Combination, or
Commingling to Covista.
Notwithstanding any other provision of the Agreement, this Amendment, or any
Verizon tariff or SGAT, to the extent Verizon becomes obligated to provide to
Covista pursuant to both 47 U.C. 9 251 (c)(3) and 47 C.R. Part 51 a
Discontinued Facility or a UNE, Combination , or Commingling that, as of the
Amendment Effective Date, Verizon is not required to provide to Covista under
the Amended Agreement, 47 U.C. 9 251(c)(3), and 47 C.R. Part 51 , the
rates, terms, conditions for such Discontinued Facility, UNE , Combination, or
Commingling shall be as provided in an applicable Verizon tariff that Verizon
after the Amendment Effective Date, establishes or revises to provide for such
rates, terms, and conditions, or (in the absence of an applicable Verizon tariff that
Verizon , after the Amendment Effective Date, establishes or revises to provide
for such rates, terms, and conditions) as mutually agreed by the Parties in a
written amendment to the Amended Agreement.
2.4 Nothing contained in this Amendment shall be deemed: (a) to obligate Verizon to
offer or provide access on an unbundled basis at rates prescribed under Section
251 (c)(3) of the Act to any facility that is or becomes a Discontinued Facility,
whether as a stand-alone UNE, as part of a Combination, or otherwise (subject to
the limited exceptions for voice-grade access specified in Sections 3.1 and 3.
below) or (b) to limit any right of Verizon under the Agreement, any Verizon tariff
or SGAT, or otherwise, to cease providing a Discontinued Facility, whether as a
stand-alone facility, as part of a combination, or otherwise.
Implementation of Rate Chanaes. Notwithstanding any other provision of the
Amended Agreement (including, but not limited to, the rates and charges set
forth therein), Verizon may, but shall not be required to, implement any rate
increases or new charges that may be established by the FCC in the TRRO or
subsequent orders, once effective, for unbundled network elements
combinations of unbundled network elements, or related services, by issuing to
Covista a schedule of such rate increases and/or new charges, provided that the
rate provisions of such FCC order(s) are not subject to a stay issued by any court
Covista 10 TRRO Amendment 2-
of competent jurisdiction. Any such rate increases or new charges shall take
effect on the date indicated in the schedule issued by Verizon, but no earlier than
the date established by the FCC , and shall be paid by Covista in accordance with
the terms of the Amended Agreement. Verizon may, but shall not be required to,
use a true-up to apply the rate increases or new charges effective as of the date
indicated in the schedule issued by Verizon. The Parties acknowledge that
Verizon, prior to the Amendment Effective Date, may have provided Covista such
a schedule identifying rate increases or new charges for certain Discontinued
Facilities, and that no further notice or schedule is required for those rate
increases or new charges to take effect. Any such rate increases and new
charges that the FCC may establish shall be in addition to , and not in limitation
, any rate increases and new charges that the Idaho Public Utilities
Commission may approve or that Verizon may otherwise implement under the
Amended Agreement or applicable tariffs. Nothing set forth in this Section 2.
shall be deemed an admission of Verizon (including, but not limited to, as to
whether this Amendment is required in order for Verizon to charge the FCC-
prescribed rate increases and new charges described herein) or limit Verizon
right to appeal, seek reconsideration of, or otherwise seek to have stayed
modified, reversed, or invalidated any limit the FCC may impose on Verizon
rates and charges.
Provision of Certain Facilities and Services.
FTTP Loops - Overbuilds. Notwithstanding any other provision of the Amended
Agreement (but subject to and without limiting Section 2 above) or any Verizon
tariff or SGAT, if (a) Verizon deploys an FTTP Loop to replace a copper Loop
previously used to serve a particular end user s customer premises, and (b)
Verizon retires that copper loop and there are no other available copper Loops or
Hybrid Loops for Covista s provision of a voice grade service to that end user's
customer premises, then in accordance with, but only to the extent required by,
47 U.C. 9 251(c)(3) and 47 C.R. Part 51 , Verizon shall provide Covistawith
nondiscriminatory access on an unbundled basis to a transmission path capable
of providing DSO voice grade service to that end user s customer premises. For
the avoidance of doubt, in no event shall Covista be entitled to obtain access to
an FTTP Loop (or any segment or functionality thereof) on an unbundled basis
where Verizon has deployed such a Loop to the customer premises of an end
user that previously was not served by any Verizon Loop other than an FTTP
Loop.
Hvbrid Loops.
Packet'Switched Features. Functions. and Capabilities
Notwithstanding any other provision of the Amended Agreement or
any Verizon Tariff or SGAT, Covista shall not be entitled to obtain
access to the Packet Switched features, functions , or capabilities of
any Hybrid Loop on an unbundled basis.
Broadband Services . Notwithstanding any other provision of the
Amended Agreement (but subject to and without limiting Section 2
above) or any Verizon Tariff or SGAT, when Covista seeks access to a
Hybrid Loop for the provision of "broadband services," as such term is
defined by the FCC, then in accordance with , but only to the extent
required by, 47 U.C. 9 251(c)(3) and 47 C.R. Part 51 , Verizon
shall provide Covista with unbundled access under the Amended
Agreement to the existing time division multiplexing features
functions, and capabilities of that Hybrid Loop (but no features
Covista 10 TRRO Amendment 2-
3.2.4
Covista 10 TRRO Amendment 2-
functions or capabilities used to transmit packetized information) to
establish a complete time division multiplexing transmission path
between the main distribution frame (or equivalent) in a Verizon wire
center serving an end user to the demarcation point at the end user
customer premises.
Narrowband Services.Notwithstanding any other provision of the
Amended Agreement (but subject to and without limiting Section 2
above) or any Verizon Tariff or SGAT, when Covista seeks access to a
Hybrid Loop for the provision to its customer of "narrowband services
as such term is defined by the FCC, then in accordance with, but only
to the extent required by, 47 U.C. 9 251(c)(3) and 47 C.R. Part 51,
Verizon shall, in its sole discretion, either (a) provide access under the
Amended Agreement to a spare home-run copper Loop serving that
customer on an unbundled basis, or (b) provide access under the
Amended Agreement, on an unbundled basis, to a DSO voice-grade
transmission path between the main distribution frame (or equivalent)
in the end user s serving wire center and the end user s customer
premises, using time division multiplexing technology.
IDLC Hvbrid Loops . Notwithstanding any other provision of the
Amended Agreement (but subject to and without limiting Section 2
above) or any Verizon Tariff or SGAT, if Covista requests, in order to
provide narrowband services, unbundling of a 2 wire analog or 4 wire
analog Loop currently provisioned via Integrated Digital Loop Carrier
(over a Hybrid Loop), Verizon shall , as and to the extent required by
47 U.C. 9 251(c)(3) and 47 C.R. Part 51 , provide Covista
unbundled access to a Loop capable of voice-grade service to the end
user customer served by the Hybrid Loop.
2.4.Verizon will endeavor to provide Covista with an existing
copper Loop or a Loop served by existing Universal Digital
Loop Carrier ("UDLC"). Standard recurring and non-
recurring Loop charges will apply. In addition , a non-
recurring charge will apply whenever a line and station
transfer is performed.
2.4.If neither a copper Loop nor a Loop served by UDLC is
available, Verizon shall , upon request of Covista
construct the necessary copper Loop or UDLC facilities.
In addition to the rates and charges payable in connection
with any unbundled Loop so provisioned by Verizon
Covista shall be responsible for the following charges: (a)
an engineering query charge for preparation of a price
quote; (b) upon Covista s submission of a firm
construction order, an engineering work order
nonrecurring charge; and (c) construction charges, as set
forth in the price quote. If the order is cancelled by
Covista after construction work has started, Covista shall
be responsible for cancellation charges and a pro-rated
charge for construction work performed prior to the
cancellation.
2.4.Verizon may exclude its performance in connection with
providing unbundled Loops pursuant to this Section 3.2.4
from standard provisioning intervals and performance
Sub-Loop
measures and remedies, if any, contained in the Amended
Agreement or elsewhere.
Distribution Sub-Loop Facilitv. Notwithstanding any other provision of
the Amended Agreement (but subject to the conditions set forth in
Section 2 above) or any Verizon tariff or SGAT, in accordance with
but only to the extent required by, 47 U.C. 9 251(c)(3) and 47 C.
Part 51 , upon site-specific request, Covista may obtain access to the
Distribution Sub-Loop Facility at a technically feasible access point
located near a Verizon remote terminal equipment enclosure at the
rates and charges provided for Unbundled Sub-Loop Arrangements
(or the Distribution Sub-Loop) in the Amended Agreement. It is not
technically feasible to access the sub-loop distribution facility if a
technician must access the facility by removing a splice case to reach
the wiring within the cable.
3.4.
Comminalina and Combinations
Comminalina. Notwithstanding any other provision of the Amended
Agreement (but subject to and without limiting the conditions set forth
in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or
SGAT:
3.4.Verizon will not prohibit the commingling of an unbundled
Network Element or a combination of unbundled Network
Elements obtained under the Agreement or Amended
Agreement pursuant to 47 U.C. 9 251(c)(3) and 47
F.R. Part 51 , or under a Verizon UNE tariff ("Qualifying
UNEs ), with wholesale services obtained from Verizon
under a Verizon access tariff or separate non-251
agreement ("Qualifying Wholesale Services ), but only to
the extent and so long as commingling and provision of
such Network Element (or combination of Network
Elements) is required by 47 U.C. 9 251(c)(3) and 47
R. Part 51. Moreover, to the extent and so long as
required by 47 U.C. 9 251(c)(3) and 47 C.R. Part 51
(subject to Section 3.4.2 below), Verizon shall, upon
request of Covista, perform the functions necessary to
commingle or combine Qualifying UNEs with Qualifying
Wholesale Services. The rates, terms and conditions of
the applicable access tariff or separate non-251
agreement will apply to the Qualifying Wholesale
Services, and the rates, terms and conditions of the
Amended Agreement or the Verizon UNE tariff, as
applicable, will apply to the Qualifying UNEs; provided
however, that a nonrecurring charge will apply for each
UNE circuit that is part of a commingled arrangement, as
set forth in the Pricing Attachment to this Amendment.
This charge is intended to offset Verizon s costs of
implementing and managing commingled arrangements.
Ratcheting," as that term is defined by the FCC, shall not
be required. Qualifying UNEs that are commingled with
Qualifying Wholesale Services are not included in the
shared use provisions of the applicable tariff. Verizon may
3.4
Covista 10 TRRO Amendment 2-
exclude its performance in connection with the
provisioning of commingled facilities and services from
standard provisioning intervals and from performance
measures and remedies, if any, contained in the Amended
Agreement or elsewhere.
3.4.Limitations on Section 3.4. Section 3.4 is intended only to
address the Parties' rights and obligations as to the
combining and/or commingling of UNEs that Verizon is
already required to provide to Covista under the Amended
Agreement, 47 U.C. 9 251(c)(3), and 47 C.F.R. Part 51.
Nothing contained in Section 3.4 shall be deemed: (a) to
establish any obligation of Verizon to provide Covista with
access to any facility that Verizon is not required to
provide to Covista on an unbundled basis under the
Amended Agreement, 47 U.C. 9 251(c)(3), and 47
F.R. Part 51 , or (b) to limit any right of Verizon under the
Amended Agreement, any Verizon tariff or SGAT, or
otherwise, to cease providing a facility that is or becomes
a Discontinued Facility.
3.4.Service Eliaibilitv Criteria for Certain Combinations and Comminaled
Facilities and Services . Notwithstanding any other provision of the
Agreement, this Amendment (but subject to the conditions set forth in
Sections 2 and 3.4.1 above), or any Verizon tariff or SGA
3.4.Verizon shall not be obligated to provide:
3.4.1 an unbundled DS1 Loop in combination with
unbundled DS1 or DS3 Dedicated Transport, or
commingled with DS1 or DS3 access services;
3.4.2 an unbundled DS3 Loop in combination with
unbundled DS3 Dedicated Transport, or
commingled with DS3 access services;
3.4.3 unbundled DS1 Dedicated Transport
commingled with DS 1 channel termination
access service;
3.4.1.4 unbundled DS3 Dedicated Transport
commingled with DS1 channel termination
access service; or
3.4.5 unbundled DS3 Dedicated Transport
commingled with DS3 channel termination
service,
(individually and collectively "High Capacity EELs ) except
to the extent and so long as Verizon is required by 47
C. 9 251(c)(3) and 47 C.R Part 51 to do so, and
then not unless and until Covista certifies in writing to
Verizon for each DS1 circuit or DS1 equivalent circuit that
it is in compliance with each of the service eligibility
criteria set forth in 47 C.F.R. 951.318. Covista must
Covista ID TRRO Amendment 2-
3.4.
3.4.
Covista 10 TRRO Amendment 2-
remain in compliance with said service eligibility criteria for
so long as Covista continues to receive the
aforementioned combined or commingled facilities and/or
services from Verizon. The service eligibility criteria shall
be applied to each OS1 circuit or DS1 equivalent circuit. If
the circuit is, becomes, or is subsequently determined to
be, noncompliant, the noncompliant circuit will be treated
as described in Section 3.4.2 below. The foregoing shall
apply whether the circuits in question are being
provisioned to establish a new circuit or to convert an
existing wholesale service, or any part thereof, to
unbundled network elements. For existing circuits, the
CLEC must re-certify in writing for each DS1 circuit or DS1
equivalent within 30 days of the Amendment Effective
Date. Circuits not re-certified shall be treated as
described in Section 3.4.2 below.
Without limiting any other right Verizon may have to cease
providing circuits that are or become Discontinued
Facilities, if a circuit is or becomes noncompliant as
described in Section 3.4.1 above, and Covista has not
submitted an LSR or ASR, as appropriate, to Verizon
requesting disconnection of the noncompliant facility and
has not separately secured from Verizon an alternative
arrangement to replace the noncompliant circuit, then
Verizon, to the extent it has not already done so prior to
execution of this Amendment, shall reprice the subject
circuit, effective beginning on the date on which the circuit
became non-compliant, by application of a new rate (or, in
Verizon s sole discretion , by application of a surcharge to
an existing rate) to be equivalent to an analogous access
service or other analogous arrangement that Verizon shall
identify in a written notice to Covista. Any negotiations
regarding any replacement arrangement or other facility or
service that Verizon is not required to provide to Covista
under both 47 C.R. 251(c)(3) and 47 C.R. Part 51
shall be deemed not to have been conducted pursuant to
the Amended Agreement, 47 U.C. 9 252(a)(1), or47
R. Part 51 , and shall not be subject to arbitration
pursuant to 47 U.C. 9252(b).
Each written certification to be provided by Covista
pursuant to Section 3.4.1 above must contain the
following information for each DS1 circuit or DS1
equivalent: (a) the local number assigned to each DS1
circuit or OS 1 equivalent; (b) the local numbers assigned
to each DS3 circuit (must have 28 local numbers assigned
to it); (c) the date each circuit was established in the
911/E911 database; (d) the collocation termination
connecting facility assignment for each circuit. showing
that the collocation arrangement was established pursuant
to 47 U.C. 9 251(c)(6), and not under a federal
collocation tariff; (e) the interconnection trunk circuit
identification number that serves each DS1 circuit. There
must be one such identification number per every 24 DS1
circuits; and (f) the local switch that serves each DS
3.4.2.4
3.4.
3.4.
3.4.
circuit. When submitting an ASR for a circuit, this
information must be contained in the Remarks section of
the ASR, unless provisions are made to populate other
fields on the ASR to capture this information.
The charges for conversions are as specified in the
Pricing Attachment to this Amendment and apply for each
circuit converted.
All ASR-driven conversion requests will result in a change
in circuit identification (circuit ID) from access to UNE or
UNE to access. If such change in circuit ID requires that
the affected circuit(s) be retagged, then a retag fee per
circuit will apply as specified in the pricing attachment.
All requests for conversions will be handled in accordance
with Verizon s conversion guidelines. Each request will be
handled as a project and will be excluded from all ordering
and provisioning metrics.
Once per calendar year, Verizon may obtain and pay for
an independent auditor to audit Covista s compliance in all
material respects with the service eligibility criteria
applicable to High Capacity EELs. Any such audit shall be
performed in accordance with the standards established
by the American Institute for Certified Public Accountants
and may include, at Verizon s discretion, the examination
of a sample selected in accordance with the independent
auditor s judgment. To the extent the independent
auditor's report concludes that Covista failed to comply
with the service eligibility criteria for any DS1 or DS1
equivalent circuit, then (without limiting Verizon srights
under Section 3.4.2 above) Covista must convert all
noncompliant circuits to the appropriate service, true up
any difference in payments, make the correct payments
on a going-forward basis, reimburse Verizon for the entire
cost of the audit within thirty (30) days after receiving a
statement of such costs from Verizon. Should the
independent auditor confirm Covista s compliance with the
service eligibility criteria for each DS 1 or DS 1 equivalent
circuit, then Covista shall provide to the independent
auditor for its verification a statement of Covista s out-of-
pocket costs of complying with any requests of the
independent auditor, and Verizon shall then reimburse
Covista for its out-of-pocket costs within thirty (30) days of
the auditor's verification of the same. Covista shall
maintain records adequate to support its compliance with
the service eligibility criteria for each DS1 or DS1
equivalent circuit for at least eighteen (18) months after
the service arrangement in question is terminated.
Routine Network Modifications.
General Conditions . In accordance with, but only to the extent
required by, 47 U.C. 9 251(c)(3) and 47 C.R. Part 51 , and subject
to the conditions set forth in Section 2 above:
Covista 10 TRRO Amendment 2-
Verizon shall make such routine network modifications, at
the rates and charges set forth in the Pricing Attachment
to this Amendment, as are necessary to permit access by
Covista to the Loop, Dedicated Transport, or Dark Fiber
Transport facilities available under the Amended
Agreement (including DS 1 Loops and DS 1 Dedicated
Transport, and DS3 Loops and DS3 Dedicated Transport),
where the facility has already been constructed. Routine
network modifications applicable to Loops or Transport
may include, but are not limited to: rearranging or splicing
of in-place cable at existing splice points; adding an
equipment case; adding a doubler or repeater; installing a
repeater shelf; deploying a new multiplexer or
reconfiguring an existing multiplexer; accessing manholes;
and deploying bucket trucks to reach aerial cable.
Routine network modifications applicable to Dark Fiber
Transport may include, but are not limited to, splicing of in-
place dark fiber at existing splice points; accessing
manholes; deploying bucket trucks to reach aerial cable;
and routine activities, if any, needed to enable Covista to
light a Dark Fiber Transport facility that ithas obtained
from Verizon under the Amended Agreement. Routine
network modifications do not include the construction of a
new Loop or new Transport facilities, trenching, the pulling
of cable, the installation of new aerial, buried, or
underground cable for a requesting telecommunications
carrier, or the placement of new cable. Verizon shall not
be required to perform any routine network modifications
to any facility that is or becomes a Discontinued Facility.
Performance Plans . Verizon may exclude its performance in
connection with the provisioning of Loops or Transport (including Dark
Fiber Transport) for which routine network modifications are performed
from standard provisioning intervals and performance measures and
remedies, if any, contained in the Amended Agreement or elsewhere.
Nothing contained in this Section 3.5 shall be deemed: (a) to establish
any obligation of Verizon to provide on an unbundled basis under 47
C. 9 251(c)(3) and 47 C.R. Part 51 any facility that the Amended
Agreement does not otherwise require Verizon to provide on an
unbundled basis under 47 U.C. 9 251(c)(3) and 47 C.F.R. Part 51
(b) to obligate Verizon to provide on an unbundled basis under 47
C. 9 251(c)(3) or 47 C.R. Part 51 , for any period of time not
required under the Amended Agreement, access to any Discontinued
Facility, or (c) to limit any right of Verizon under the Amended
Agreement, any Verizon tariff or SGAT, or otherwise, to cease
providing a Discontinued Facility.
Miscellaneous Provisions.
Conflict between this Amendment and the Aareement.This Amendment shall be
deemed to revise the terms and provisions of the Agreement to the extent
necessary to give effect to the terms and provisions of this Amendment. In the
event of a conflict between the terms and provisions of this Amendment and the
terms and provisions of the Agreement this Amendment shall govern, provided
however, that the fact that a term or provision appears in this Amendment but not
Covista 10 TRRO Amendment 2-
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 4.
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.
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 provision of this Amendment.
4.4 Scope of Amendment.This Amendment shall amend, modify and revise the
Agreement only to the extent set forth expressly herein. As used herein , the
Agreement, as revised and supplemented by this Amendment, shall be referred
to as the "Amended Agreement." Nothing in this Amendment shall be deemed to
amend or extend the term of the Agreement, or to affect the right of a Party to
exercise any right of termination it may have under the Agreement.
Reservation of Rights. Notwithstanding any contrary provision in the Agreement,
this Amendment, or any Verizon tariff or SGAT, nothing contained in the
Agreement, this Amendment, or any Verizon tariff or SGAT shall limit either
Party's right to appeal , seek reconsideration of or otherwise seek to have stayed
modified, reversed or invalidated any order, rule, regulation, decision , ordinance
or statute issued by the Idaho Public Utilities Commission, the FCC, any court or
any other governmental authority related to, concerning or that may affect either
Party's rights or obligations under the Agreement, this Amendment, any Verizon
tariff or SGAT, or Applicable Law.
Joint Work Product.This Amendment is a joint work product, and any
ambiguities in this Amendment shall not be construed by operation of law against
either Party.
Definitions . Notwithstanding any other provision in the Agreement or any Verizon
tariff or SGAT, the following terms, as used in the Amended Agreement, shall
have the meanings set forth below:
Call-Related Databases . Databases, other than operations support
systems, that are used in signaling networks for billing and collection
or the transmission, routing, or other provision of a
telecommunications service. Call-related databases include , but are
not limited to , the calling name database, 911 database , E911
database, line information database, toll free calling database
advanced intelligent network databases, and downstream number
portability databases.
Dark Fiber Loop. Consists of fiber optic strand(s) in a Verizon fiber
optic cable between Verizon s accessible terminal, such as the fiber
distribution frame , or its functional equivalent, located within a Verizon
wire center, and Verizon s accessible terminal located in Verizon
main termination point at an end user customer premises, such as a
fiber patch panel, and that Verizon has not activated through
connection to electronics that "light" it and render it capable of carrying
telecommunications services.
Covista 10 TRRO Amendment 2-
7.4
Covista 10 TRRO Amendment 2-
Dark Fiber Transport. An optical transmission facility within a LATA
that Verizon has not activated by attaching multiplexing, aggregation
or other electronics, between Verizon switches (as identified in the
LERG) or wire centers. Dark fiber facilities between (i) a Verizon wire
center or switch and (ii) a switch or wire center of Covista or a third
party are not Dark Fiber Transport.
Dedicated Transport . A DS1 or DS3 transmission facility between
Verizon switches (as identified in the LERG) or wire centers , within a
LATA, that is dedicated to a particular end user or carrier.
Transmission facilities or services provided between (i) a Verizon wire
center or switch and (Ii) a switch or wire center of Covista or a third
party are not Dedicated Transport.
Discontinued Facilitv. Any facility that Verizon , at any time, has
provided or offered to provide to Covista on an unbundled basis
pursuant to 47 U.C. 9 251(c)(3) and/or 47 C.F.R. Part 51 (whether
under the Agreement, a Verizon tariff, or a Verizon SGAT), but which
by operation of law has ceased or ceases to be subject to an
unbundling requirement under 47 U.C. 9 251(c)(3) or 47 C.R. Part
51. By way of example and not by way of limitation, Discontinued
Facilities include the following, whether as stand-alone facilities or
combined with other facilities: (a) any Entrance Facility; (b) Enterprise
Switching; (c) Mass Market Switching; (d) Four-Line Carve Out
Switching; (e) OCn Loops and OCn Dedicated Transport; (f) DS1
Loops or DS3 Loops out of any wire centerat which 47 U.C. 9
251 (c)(3) or 47 C.F.R. Part 51 does not require Verizon to provide
Covista with unbundled access to such Loops; (g) Dark Fiber Loops;
(h) any DS1 Loop or DS3 Loop that exceeds the maximum number of
such Loops that Verizon is required by 47 U.C. 9 251(c)(3) and 47
R. Part 51 to provide to Covista on an unbundled basis at a
particular building location; (i) DS1 Dedicated Transport, DS3
Dedicated Transport, or Dark Fiber Transport on any route as to which
47 U.C. 9 251(c)(3) or 47 C.R. Part 51 does not require Verizon to
provide Covista with unbundled access to such Transport; (j) any DS1
Dedicated Transport circuit or DS3 Dedicated Transport circuit that
exceeds the number of such circuits that Verizon is required by 47
C. 9 251(c)(3) and 47 C.F.R. Part 51 to provide to Covista on an
unbundled basis on a particular route; (k) the Feeder portion of a
Loop; (I) Line Sharing; (m) any Call-Related Database other than the
911 and E911 databases; (n) Signaling; (0) Shared Transport; (p)
FTTP Loops (lit or unlit) in a new build environment; (q) FTTP Loops
(lit or unlit) in an overbuild environment, subject to the limited
exceptions set forth in Section 3.1 above; (r) Hybrid Loops (subject to
the limited exceptions set forth in Section 3.2 above); and (s) any other
facility or class of facilities as to which the FCC has not made a finding
of impairment that remains effective or as to which the FCC makes (or
has made) a finding of nonimpairment.
Distribution Sub-Loop Facility. The copper portion of a Loop in
Verizon s network that is between the minimum point of entry
("MPOE") at an end user customer premises and Verizon
feeder/distribution interface.
DS1 Dedicated Transport.Dedicated Transport having a total digital
signal speed of 1.544 Mbps.
Covista 10 TRRO Amendment 2-
DS3 Dedicated Transport . Dedicated Transport having a total digital
signal speed of 44.736 Mbps.
DS1 Loop.A digital transmission channel, between the main
distribution frame (or its equivalent) in an end user s serving wire
center and the demarcation point at the end user customer s premises
suitable for the transport of 1.544 Mbps digital signals. This loop type
is more fully described in Verizon TR 72575, as revised from time to
time. A DS1 Loop requires the electronics necessary to provide the
DS1 transmission rate. DS1 Loops are sometimes also known as DS1
Links
DS3 Loop.A digital transmission channel, between the main
distribution frame (or its equivalent) in an end user s serving wire
center and the demarcation point at the end user customer s premises
suitable for the transport of isochronous bipolar serial data at a rate of
44.736 Mbps (the equivalent of 28 DS1 channels). This Loop type is
more fully described in Verizon TR 72575, as revised from time to
time. A DS3 Loop requires the electronics necessary to provide the
DS3 transmission rate. DS3 Loops are sometimes also known as DS3
Links
Enterprise Switchina. Local Switching or Tandem Switching that, if
provided to Covista would be used for the purpose of serving Covista
customers using DS1 or above capacity Loops.
Entrance Facility. A transmission facility (lit or unlit) or service
provided between (i) a Verizon wire center or switch and (ii) a switch
or wire center of Covista or a third party.
Feeder. The fiber optic cable (lit or unlit) or metallic portion of a Loop
between a serving wire center and a remote terminal or
feeder/distribution interface.
Four-Line Carve Out Switchina . Local Switching that Verizon is not
required to provide pursuant to 47 C.R. 9 51.319(d)(3)(ii).
FTTP Loop. A Loop consisting entirely of fiber optic cable, whether
dark or lit, that extends from the main distribution frame (or its
equivalent) in an end user s serving wire center to the demarcation
point at the end user s customer premises or to a serving area
interface at which the fiber optic cable connects to copper or coaxial
distribution facilities that extend to the end user s customer premises
demarcation point, provided that all copper or coaxial distribution
facilities extending from such serving area interface are not more than
500 feet from the demarcation point at the respective end users
customer premises; provided, however, that in the case of
predominantly residential multiple dwelling units (MDUs), an FTTP
Loop is a Loop consisting entirely of fiber optic cable, whether dark or
lit, that extends from the main distribution frame (or its equivalent) in
the wire center that serves the multiunit premises: (a) to or beyond the
multiunit premises' minimum point of entry (MPOE), as defined in 47
R. 9 68.105; or (b) to a serving area interface at which the fiber
optic cable connects to copper or coaxial distribution facilities that
extend to or beyond the multiunit premises' MPOE , provided that all
copper or coaxial distribution facilities extending from such serving
4.7.
7.22
Covista 10 TRRO Amendment 2-
area interface are not more than 500 feet from the MPOE at the
multiunit premises.
(This Section Intentionally Left Blank).
Hvbrid Loop. A local Loop composed of both fiber optic cable and
copper wire or cable. An FTTP Loop is not a Hybrid Loop.
Line Sharina. The process by which Covista provides xDSL service
over the same copper Loop that Verizon uses to provide voice service
by utilizing the frequency range on the copper loop above the range
that carries analog circuit-switched voice transmissions (the High
Frequency Portion of the Loop, or "HFPL"). The HFPL includes the
features, functions, and capabilities of the copper Loop that are used
to establish a complete transmission path between Verizon s main
distribution frame (or its equivalent) in its serving Wire Center and the
demarcation point at the end user s customer premises.
Local Switchina. The line-side and trunk-side facilities associated with
the line-side port, on a circuit switch in Verizon s network (as identified
in the LERG), plus the features, functions, and capabilities of that
switch, unbundled from loops and transmission facilities, including: (a)
the line-side Port (including the capability to connect a Loop
termination and a switch line card, telephone number assignment, dial
tone, one primary directory listing, pre-subscription, and access to
911); (b) line and line group features (including all vertical features and
line blocking options the switch and its associated deployed switch
software are capable of providing that are provided to Verizon s local
exchange service Customers served by that switch); (c) usage
(including the connection of lines to lines, lines to trunks, trunks to
lines, and trunks to trunks); and (d) trunk features (including the
connection between the trunk termination and a trunk card).
Mass Market Switchina. Local Switching or Tandem Switching that, if
provided to Covista, would be used for the purpose of serving a
Covista end user customer with DSO Loops. Mass Market Switching
does not include Four Line Carve Out Switching.
Packet Switched. Routing or forwarding of packets, frames, cells, or
other data units based on address or other routing information
contained in the packets, frames, cells or other data units, or functions
that are performed by the digital subscriber line access multiplexers,
including but not limited to the ability to terminate an end-user
customer s copper Loop (which includes both a low-band voice
channel and a high-band data channel, or solely a data channel); the
ability to forward the voice channels, if present, to a circuit switch or
multiple circuit switches; the ability to extract data units from the data
channels on the Loops; and the ability to combine data units from
multiple Loops onto one or more trunks connecting to a packet switch
or packet switches.
Signaling. Signaling includes, but is not limited to, signaling links and
signaling transfer points.
Sub-Loop for Multiunit Premises Access. Any portion of a Loop, other
than an FTTP Loop, that is technically feasible to access at a terminal
Covista 10 TRRO Amendment 2-
in Verizon s outside plant at or near a multiunit premises. It is not
technically feasible to access a portion of a Loop at a terminal in
Verizon s outside plant at or near a multiunit premises if a technician
must access the facility by removing a splice case to reach the wiring
within the cable.
Tandem Switching. The trunk-connect facilities on a Verizon circuit
switch that functions as a tandem switch, plus the functions that are
centralized in that switch, including the basic switching function of
connecting trunks to trunks, unbundled from and not contiguous with
loops and transmission facilities. Tandem Switching creates a
temporary transmission path between interoffice trunks that are
interconnected at a Verizon tandem switch for the purpose of routing a
call. A tandem switch does not provide basic functions such as dial
tone service.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed as of the Amendment Effective Date.
COVIST A, INC.VERIZON NORTHWEST INC.
By:~0'By:~t;
Printed: John leach Printed: Jeffrey A. Masoner
Title: President & CEO Title: Vice President - Interconnection Services
Covista 10 TRRO Amendment 2-
Pricing Attachment to the TRO Amendment
General
As used in this Attachment:
Services" means and includes any Network Element or other service, facility,
equipment or arrangement, provided pursuant to this Amendment; and
Charges" means the rates, fees, charges and prices for a Service.
Charges for Services provided under the Amended Agreement shall be those set forth in
Exhibit A of this Pricing Attachment and in the Amended Agreement (including any cross
references therein to applicable tariffs). For rate elements provided in Exhibit A of this
Pricing Attachment that do not include a Charge, if any, whether marked as "TBD" or
otherwise, Verizon is developing such Charges and has not finished developing such
Charges as of the Amendment Effective Date. When Verizon finishes developing such
a Charge, Verizon shall notify Covista in writing of such Charge in accordance with, and
subject to, the notices provisions of the Amended Agreement and thereafter shall bill
Covista, and Covista shall pay to Verizon , for Services provided pursuant to this
Amendment on the Amendment Effective Date and thereafter in accordance with such
Charge. Any Charges set out in a notice provided by Verizon to Covista pursuant to this
Section 1.2 shall be deemed to be a part of Exhibit A of this Pricing Attachment
immediately after Verizon sends such notice to Covista and thereafter.
In the absence of Charges for a Service established pursuant to Section 1.2 of this
Attachment, the Charges for the Service shall be the Charges required , approved , or
otherwise allowed to go into effect, by the Idaho Public Utilities Commission or the FCC
(including, but not limited to, in a tariff that has been filed with the Idaho Public Utilities
Commission or the FCC), provided such Charges are not subject to a stay issued by any
court of competent jurisdiction.
1.4 In the absence of Charges for a Service established pursuant to Sections 1.2 through
3 of this Attachment, the Charges for the Service shall be mutually agreed to by the
Parties in writing.
Covista 10 TRRO Amendment 2 -doc
EXHIBIT A
ENGINEERING QUERY
ENGINEERING WORK ORDER
EXPEDITE ENGINEERING QUER
EXPEDITE ENGINEERING WORK ORDER'
REMOVAL OF lOAD COilS - Initial-)o 18K ft.
REMOVAL OF lOAD COllS- Additional-)o 18K ft.
REMOVAL OF BRIDGED TAPS - Initial-)o 18K ft.
REMOVAL OF BRIDGED TAPS- Additional-)o 18K ft.
REMOVAL OF BRIDGED TAP & lOAD COllS- Initial- )0 18K ft.
REMOVAL OF BRIDGED TAPS & lOAD COilS - Additional-)o 18K ft.
LINE AND STATION TRANSFER
CLEAR DEFECTIVE PAIR
REASSIGNMENT OF NON-WORKING CABLE PAIR
BINDER GROUP REARRANGEMENT
REPEATER-INSTAllATION
APPARATUS CASE -INSTAllATION
RANGE EXTENDERS - DS-O Installation
RANGE EXTENDERS - DS-1 Installation
CHANNEL UNIT TO UNIVERSAUCOTTED DlC SYSTEM (existing)
SERVING TERMINAL - INSTALLATION UPGRADE
ACTIVATE DEAD COPPER PAIR
MUlTIPlEXER-1/0-INSTAllATION
MULTIPLEXER - 1/0 - RECONFIGURA TION
MULTIPLEXER - 3/1 - INSTAllATION
MULTIPLEXER - 3/1 - RECONFIGURA TION
MULTIPLEXER - OTHER - INSTALLATION
MOVE DROP
CROSS-CONNECTION - EXISTING FIBER FACILITY
LINE CARD -INSTAllATION
COPPER REARRANGEMENT
CENTRAL OFFICE TERMINAL - INSTAllATION
IDlC ONLY CONDITION
OTHER REQUIRED MODIFICATIONS
183.
94.
41.
27.
249.
29.
318.
34.
568.
34.
272.
272.
272.
529.
597.
992.
809.
809.
170.
Time and Material
199.
12,211.
170.
26,981.
382.
Time and Material
109.
346.
314.
482.
307.
36,847.
Time and Material
OTHER
1 This Exhibit may contain rates and charges for (and/or reference) services, facilities, arrangements and the like that Verizon does not have
an obligation to provide under the Amended Agreement (e., services, facilities, arrangements and the like for which an unbundling
requirement does not exist under 47 U.C. Section 251 (c)(3)). Notwithstanding any such rates and/or charges (and/or references) and, for
the avoidance of any doubt, nothing in this Exhibit shall be deemed to require Verizon to provide a service, facility, arrangement or the like
that the Amended Agreement does not require Verizon to provide, or to provide a service, facility, arrangement or the like upon rates , terms
or conditions other than those that may be required by the Amended Agreement.
2 Engineering Query Charges apply in addition to charges for actual network modification and Engineering Work Order charges where
applicable.
3 Engineering Work Order Charges apply in addition to charges for actual network modification and Engineering Query charges where
applicable.
4 Expedite Charges apply in addition to other listed rates.
Covista 10 TRRO Amendment 2-
Commingled Arrangements - per circuit
Conversion - Service Order
Conversion - Installation per circuit
Circuit Retag - per circuit
DARK FIBER
Dark Fiber Routine Network Modifications Time and Material
Covista 10 TRRO Amendment 2-