Amendment to Interconnection Agreement Clause Samples

Amendment to Interconnection Agreement. Effective as of the date first set forth above, the Interconnection Agreement is amended hereby as follows: A) By inserting a new Section 1.46a as follows: 1. 46a ’Line Sharing’ is an arrangement by which BA facilitates Covad’s provision of ADSL (in accordance with T1.413), Splitterless ADSL (in accordance with T1.419), RADSL (in accordance with TR # 59), MVL (a proprietary technology), or any other xDSL technology that is presumed to be acceptable for shared line deployment in accordance with FCC rules, to a particular Customer location over an existing copper Loop that is being used simultaneously by BA to provide analog circuit-switched voice grade service to that Customer by making available to Covad, solely for Covad’s own use, the frequency range above the voice band on the same copper Loop required by Covad to provide such services. This Agreement addresses line sharing over loops that are entirely copper loops. The Parties do not intend anything in this Agreement to prejudice either ▇▇▇▇▇’s position that line sharing may occur on loops constructed of fiber optic cable, digital loop carrier electronics, and copper distribution cable or BA’s position that line sharing can only occur over copper loops or copper sub-loops.” B) By inserting a new Section 11.2.10 as follows:

Amendment to Interconnection Agreement. Effective as of the date first set forth above, the Interconnection Agreement is amended hereby as follows: A) By inserting a new Section to Attachment 2, “Network Elements,” of Part IV to the Interconnection Agreement as follows: 4.1.2.10.1 VERIZON shall make Line Sharing available to SPRINT at the rates set forth in Exhibit A to this Amendment. These rates and/or rate structures shall be considered interim in nature until they have been approved by the Commission or the FCC or otherwise allowed to go into effect as a result of a proceeding before the Commission or the FCC, whether initiated by SPRINT or VERIZON, in which SPRINT is offered an opportunity to serve discovery and cross examine witnesses on the methodology and assumptions supporting VERIZON’s proposed rates and rate structures, including a tariff investigation, cost proceeding, arbitration or other evidentiary proceeding. If, as a result of any such proceeding, the Commission or the FCC should approve (or otherwise allow to go into effect) permanent rates and/or rate structures different than those shown in Exhibit A, all such approved or effective permanent rates and/or rate structures shall supercede those shown in Exhibit A. The permanent rates shall be effective retroactively to May 11, 2001. The Parties shall true-up any amounts previously invoiced as if the permanent rates had been in effect as of that date. Each Party shall invoice the other for any amounts due to it as a result of such true-up, and all such invoices shall be paid in accordance with the Billing and Payment provisions of this Agreement. In addition to the recurring and nonrecurring charges shown in Exhibit A for Line Sharing itself, the following rates shown in Exhibit A and in VERIZON’s applicable Tariffs are among those that may apply to a Line Sharing arrangement: (i) prequalification charges to determine whether a Loop is xDSL compatible (i.e., compatible with an xDSL service that is presumed to be acceptable for shared-line deployment in accordance with FCC rules); (ii) engineering query charges, engineering work order charges, or Loop conditioning (Digital Designed Loop) charges; (iii) charges associated with Collocation activities requested by SPRINT and not covered by Exhibit A; and (iv) misdirected dispatch charges, charges for installation or repair, manual intervention surcharges, trouble isolation charges, and pair swap/line and station transfer charges. 4.1.2.10.2 The following ordering procedures shall app...