20080326Amendment.pdf

\\~ 51 V've
.~.1/.",...e..
20575 NW Von Neumann DR
Hillsboro, OR 97076
March 26, 2008
Ms. Jean Jewell, Secretary
Idaho Public Utilties Commission
P.O. Box 83720
Boise, 1083720-0074
Re: VZN-T-07-01 - Amendment NO.1 to the Agreement between Verizon Northwest Inc.
and Metropolitan Telecommunictions of Idaho, Inc., D/BA METEL
Dear Ms. Jewell:
Attached please find an original plus three copies of Amendment No. 1 to the interconnecion
agreement between Verizon Northwest Inc. and Metropolitan Telecommunications of Idaho,
Inc., D/B/A METEL.
If you have any questions concerning this filng, please contact me at 972-718-3418.
Sincerely,
-1ØJÚJ~Kim Douglass
Sr. Staff Consultant - Regulatory and Government Affairs
Attachments
AMENDMENT N9ù~\ 2.&
to the, """,.l;~F\ì~â)
INTERCONNECTION AG~~~MENT
\\: 51
between VZN-r--o7-ól
VERIZON NORTHWEST INC.
and
METROPOLITAN TELECOMMUNICATIONS OF IDAHO, INC., D/B/A METTEL
This Amendment No. 1 (this "Amendment") is entered into by and between
Verizon Northwest Inc. ("Verizon"), a Washington corporation with offces at 1800
41st Street, Everett, WA 98201, and Metropolitan Telecommunications of Idaho,
Inc., d/b/a MetTel ("Mette!", with offces at 44 Wall Street, 14th Floor, New York,
NY 10005 and is effective as of October 5, 2007 (the "Amendment Effective Date").
Verizon and MetTel may be referred to herein collectively, as the "Parties" and
individually as a "Part". This Amendment covers services in Verizon's service
territory in the State of Idaho (the "State").
WITNESSETH:
WHEREAS, pursuant to an adoption letter dated January 24, 2007 (the
"Adoption Lettet'), MetTel adopted in the State of Idaho, the interconnection
agreement between Covista, Inc. and Verizon that was approved by the Idaho
Public Utilties Commission (such Adoption Letter and underlying adopted
interconnection agreement referred to herein collectively as the "Agreement"); and
WHEREAS, on April 18, 2001, the Federal Communications Commission
("FCC") issued the Order on Remand and Report and Order, In the Matter of
Implementation of the Local Competition Provisions in the Telecommunications Act
of 1996, Intercarrier Compensation for ISP-Bound Traffc, FCC 01-131, CC Docket
Nos. 96-98 and 99-68, 16 FCC Rcd 9151 ("Ordet';
WHEREAS, the Parties desire to amend the Agreement to address the
matters set forth herein;
NOW, THEREFORE, in consideration of the promises and mutual
agreements set forth herein, the Parties agree to amend the Agreement as follows:
1. Intercarrier Compensation. The Parties agree that, effective
prospectively as of the Amendment Effective Date:
1.1 As of the Amendment Effective Date, the compensation rates
that shall apply under the Agreement for the transport and
M~TelRPB_Amendmem 10
termination of traffc subject to 47 U.S.C. § 251 (b)(5) that has
been delivered to the terminating party Point of Interconnection
shall be the applicable End Offce or Tandem rate for Reciprocal
Compensation Call Termination set forth in Exhibit A to this
Amendment under the heading "Reciprocal Compensation Traffc
Termination."
1.2 "ISP-Bound Traffc" shall have the same meaning in this
Amendment as it has in the Order, as modified by the Core
Order, and the determination of whether traffc is ISP-Bound
Traffic shall be made in accordance with applicable provisions of
the Order, as modified by the Core Order.
1.3 By this Amendment, the Parties agree that their rights and
obligations with respect to any intercarrier compensation that
may be due in connection with their exchange of ISP-Bound
Traffic on and after the Amendment Effective Date shall be
governed by the terms of the Order, as modified by the Core
Order.
2. Effect of Stay or Vacatur on Amendment. Should the FCC or a court of
competent jurisdiction stay, vacate or (in the case of the FCC) forbear
from the application of any or all provisions of the Order, the Core Order,
the terms of this Amendment implementing the stayed, vacated or
forborne provisions shall cease to apply (and the Parties shall be
relieved of their respective obligations under such terms) as of the date
specified in the order implementing the stay, vacatur or forbearance or,
in the absence of such a specified date, the effective date of the order
implementing the stay, vacatur, or forbearance. Notwithstanding the
foregoing, no stay, vacatur or forbearance of the Order or the Core
Order shall apply retroactively under this Amendment except to the
extent that the order implementing the stay,.vacatur or forbearance
specifies that it shall apply retroactively in a manner that has the effect of
modifying the Order and/or the Core Order with respect to intercarrier
compensation applicable to the Parties' exchange of ISP-Bound Traffc,
in which case the period of retroactive application shall not extend to a
date that precedes the Amendment Effective Date.
3. Scope of Amendment. Except to the extent set forth in Section 1 of this
Amendment, the rates, charges and other provisions of the Agreement
shall remain in full force and effect after the Amendment Effective Date.
Nothing in this Amendment shall be deemed to amend or extend the
term of the Agreement or to affect either part's right to exercise any
right of termination it may have under the Agreement.
MetTelRPB_Amendment 10 2
4. Conflict Between this Amendment and the Agreement. 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 hereof. 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 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.
5. Joint Work Product. This Amendment is the joint work product of the
Parties, has been negotiated by the Parties, and shall be fairly
interpreted in accordance with its terms. In the event of any ambiguities,
no inferences shall be drawn against either Party.
6. Headings. The headings used in this Amendment are inserted for
convenience of reference only and are not intended to be a part of or to
affect the meaning of this Amendment.
7. 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.
MetTeLRPB_Amendment 10 3
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment
to be duly executed arid delivered by their duly authorized representatives.
~l!r
METROPOLITAN
TELECOMMUNICATIONS OF IDAHO,
INC., D/B/A METTEL
VERIZON NORTHWEST INC.
~
l
¡
By:~-.By:
J
j
;
Printed: Andoni Economou Printed: Jeffrey A. Masoner
,
ì":"
ir
!
I
!!
l
i
cF
r
I¡
¡
i
Title: COO/EVP Title: Vice President -
I nterconnection Services
MetTeLRPB_Amendment 10 4
EXHIBIT A
VERIZON AND METTEL
Service or' Element Description:Rates:
Reciprocal Comoensation Traffc Termination
Reciprocal Compensation Traffc End Offce Rate
$O.OOO7/MOU
Reciprocal Compensation Traffc Tandem Rate
$O.OOO7/MOU
MetTelRPB.fmendment 10 5