20130628Amendment No. 1.pdf

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AMENDMENT NO. 1
TO THE
INTERCONNECTION AGREEMENT
BETWEEN
FRONTIER COMMUNICATIONS NORTHWEST INC.
AND
TtME WARNER CABLE INFORMATION SERVICES (IDAHO), LLC D/B/A TIME WARNER
CABLE
This Amendment No. 1 (this'Amendment") shall be deemed effective January 1,2013
(the "Amendment Effective Date') by and between Frontier Communications Northwest lnc.
("Frontie/'), a Washington corporation with principal place of business at 180 S. Clinton Avenue,
Rochester, NY, 14646, and, Time Warner Cable lnformation Services (ldaho), LLC d/b/a Time
Warner Cable ("TWClS"), a limited liability company organized under the laws of the State of
Delaware. with offices at 60 Columbus Circle, New York, NY 10023. Frontier and TWCIS 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 state of ldaho (the "State").
WTNESSETH:
WHEREAS, Frontier and TWCIS are Parlies to an interconnection agreement under
Sections 251 and 252 of the Communications Act of 1934, as amended (the "Act') dated May 1 ,
2011 (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:
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") notwtthstanding any
other term or condition of the Amended Agreement, a Frontier Tariff or a Frontier
Statement of Generally Available Terms and Conditions ("SGAT').
2. Miscellaneous Provisions
2.1 Conflict Between this Amendment and the Aoreement. 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 govem; 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.
Capitalization. Capitalized terms used and not otherwise defined herein have the
meanings set forth in the Amended Agreement.
Counteroarts. 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.
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 substance of any term or condition of this Amendment.
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 Amendmenl Effective
Date.
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.
Amendments. No amendments or modifications shall be made to this
Amendment unless in writing and signed by appropriate representatives of the
Parties.
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. Reciorocal Comoensation. USF/ICC Transformation Order FCC 11-161 (rel. November
18, 201lX'USF/ICC Transformation Order"), as such order may be revised, reconsidered,
modified or changed in the future, provides for a phase down of reciprocal compensation rates. ln
consideration of such phase down, the Parties herein agree to exchange traffic, including
applicable local VolP-PSTN traffic as defined in the USF/lCC Transformation Order, previously
compensated for under the Agreement's reciprocal compensation provision. at bill and keep. Bill
and keep shall be defined as the exchange of subject traffic for which neither Party charges the
other for transport or termination functions or services. All other VolP-PSTN traffic will be
exchanged pursuant to the Parties' applicable tariffs.
4. Additional Services Attachment will be modified with the following revisions lo paragraph 4.2 :
4.2 Listing lnformation Supply
TWCIS shall provide to Frontier commercial listings on a regularly scheduled
basis, at no charge, and in a format required by Frontier or by a mutually agreed
upon industry standard (e.9., Ordering and Bilting Forum developed) all Listing
lnformation and the service address for each TWCIS Customer whose service
address location falls within the geographic area covered by the relevant Frontier
directory. TWCIS shall also provide to Frontier on a daily basis: (a) information
showing TWCIS Customers who have disconnected or terminated their service
2.2
2.3
2.4
2.5
2.6
2.7
2.8
wltr TWCIS; and (b) dellvery lnbrmatlon tur each non-llsted or non'publlshed
TWCIS Customer to enable FronUer to perform itr dlractory dl8trlbutlon
responulbllltles. Frontler shall promptly provlde to TWCIS (normally withln forty-
eight (aB) hourc of recelpt by Fmnller, exdudlng non-buslnaan daya) a query on
any llstlng tiat ls not acceptable, TltClS wlll no longer provlde resldential lieUngs
to Frontler.
lN WITNESS WIIEREOF, the Parties herato have caused thls Amendment to be
executed as of the Amendmsnt Effectfue Date.
By'
Time Werner Grble lnformrtlon Serylccr
(ldaho), LLG d/bh Tlme Wrrner
Cable
Prlnted:@
Tlile: SVP. Notwork Ooerttlons & Plannlno
Frontler Gommunloatlons Northwert lnc.
Printed: Sleohen LeVan
Tltlo; SVP. Canler Salesantls-ervlce