HomeMy WebLinkAbout20120814Amendment No.1.pdf00
~~~
fio-Pmunications
August 10, 2012
UAliSi14 p 1:12
805 Central Expressway South
Suite 200
Allen, Texas 75013
Phone 972-908-4415
Fax 214-383-2737
Email: kimberly.adouglass@ftr.com
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
Re: VZN-T-06-05 Amendment No. 1 to the Interconnection Agreement between Frontier
Communications Northwest Inc. and tw telecom of idaho lic
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. and tw telecom of
idaho llc.
Please call me at (972) 908-4415 if you have any questions.
Sincerely,
-/1 1 . flwz
Kim Douglass
Manager
Compliance - Regulatory Affairs
Enclosures
REC E I V ED
AMENDMENT NO. ONE 2,012 AUG 14 PM 1: 27
TO THE TD1j '-1
INTERCONNECTION AGREEMENT
UT1L1TIFSOUMMII :
BETWEEN
FRONTIER COMMUNICATIONS NORTHWEST INC.
f/k/a VERIZON NORTHWEST INC.
AND
tw telecom of Idaho llc
This Amendment No. One (this "Amendment") shall be deemed effective July 1, 2012
(the "Amendment Effective Date") by and between Frontier Communications Northwest Inc. f/k/a
Verizon Northwest Inc. ("Frontier"), a Delaware corporation with offices at 180 S. Clinton Avenue,
Rochester, NY, 14646, and tw telecom of Idaho lic ("TWIC"), a Delaware limited liability
company with offices at 10475 Park Meadows Dr. Littleton, CO 80124. Frontier and TWTC 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. for the state of Idaho (the
"State").
WITNESSETH:
WHEREAS, Frontier and TWIC are Parties to an interconnection agreement under
Sections 251 and 252 of the Communications Act of 1934, as amended (the "Act"); 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").
2. 1 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.
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 Scone 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.Reciprocal Compensation. Reciprocal compensation rates in this Agreement will be
phased down as provided in the USF/!CC Transformation Order FCC 11-161 (rel. November 18,
2011) as such order may be revised, reconsidered, modified or changed in the future. When any
such revisions, reconsiderations, modifications or changes are effective, such action shall be
automatically incorporated into the Agreement. For clarity, Reciprocal compensation rates are
capped effective immediately and subject to reductions pursuant to the FCC's Reform Timeline
as outlined in paragraph 801 of FCC 11-161, or as such Reform Timeline may be revised,
reconsidered, modified or changed in the future.
4.- V0IP Traffic. V0IP 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. When such
revisions, reconsiderations, modifications or changes are effective, such provisions shall be
automatically incorporated into this Agreement. For clarity, and subject to any future revisions,
reconsiderations, modifications or changes in the USF/ICC Transformation Order, toll VoIP-PSTN
traffic terminated to a Party is subject to such Party's applicable tariff or price list, billing, and
interstate access charges, and other VolP-PSTN traffic terminated to a Party is subject to the
reciprocal compensation provisions of this Agreement. The Parties agree toll traffic that is
originated as PSTN traffic and terminated VoIP is still under review by the FCC as to the
appropriate jurisdiction to bill: ie intrastate or interstate access. The Parties agree to
automatically incorporate those changes into this Agreement pursuant to this Section 4.
5.IntraLATA Toll Traffic. Intra LATA Toll Traffic will be billed in accordance with each
Party's applicable Interstate or Intrastate tariff or Price List and will transition according to the
provisions of the USF/ICC Transformation Order FCC 11-161 (rel. November 18, 2011) as such
order may be revised, reconsidered, modified or changed in the future. When such revisions,
reconsiderations, modifications or changes are effective, such provisions shall be automatically
incorporated into this Agreement.
6.Whenever the Parties cannot agree on the interpretation of the effective revisions,
reconsiderations, modifications or changes that are to be or are automatically incorporated into
this Agreement, either Party may invoke the Dispute Resolution procedures contained in the
Agreement.
3
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed as of the Amendment Effective Date.
tw telecom of idaho Dc
By: tw telecom holdings inc.,
its sole member
By:. i ttA
Printed: Tina Davis
Title: Sr. Vice President & Deputy
General Counsel
Date: (.a/25)/i7
Frontier Communications Northwest
Inc.
By:
Printed: Stephen LeVan
Title: SVP. Carrier Sales and Service
Date:
4