Interconnection Agreement [Amendment No. 4] - Southwestern Bell Telephone Co. and Birch Telecom of Texas Ltd. LLP
AMENDMENT NO. 4
TO INTERCONNECTION (T2A) AGREEMENT
BY AND BETWEEN
SOUTHWESTERN BELL TELEPHONE
AND
BIRCH TELECOM OF TEXAS LTD., LLP
The Interconnection (T2A) Agreement ("the Agreement") by and between
Southwestern Bell Telephone Company ("SWBT") and Birch Telecom of Texas Ltd.,
LLP ("CLEC") is hereby amended as follows:
(1) The list of Attachments in the General Terms and Conditions Table of
Contents and Section 61.0 under "Other Requirements and Attachments" has been
amended as follows:
Appendix DA-Resale AMENDED 10/2000
Appendix Pricing-UNE Schedule of Prices AMENDED 10/2000
Attachment 22: DA-Facilities Based AMENDED 10/2000
(2) Appendix DA- Resale is amended to add Section 1.4 as follows:
1.4 DIRECTORY ASSISTANCE Nationwide Listing Service (NLS)
A service in which listed telephone information (name,
address, and telephone numbers) is provided for residential,
business and government accounts throughout the 50 states to
CLEC End Users. CLEC acknowledges that the Federal
Communications Commission has issued an order that could
affect SWBT's ability to offer NLS and that SWBT may have to
stop providing NLS at anytime. CLEC releases SWBT from any and
all claims, costs, damages, liabilities, losses, and expenses
(including reasonable attorney fees), if SWBT stops providing
NLS. CLEC also agrees to indemnify, defend, and hold harmless
SWBT from any and all third party claims, costs, damages,
liabilities, losses, and expenses (including reasonable
attorney fees), arising from SWBT's decision to stop providing
NLS.
(3) Attachment 22: DA-Facilities Based is amended to add Section 1.5 as
follows:
1.5 DIRECTORY ASSISTANCE Nationwide Listing Service (NLS)
A service in which listed telephone information (name,
address, and telephone numbers) is provided for residential,
business and government accounts throughout the 50 states to
CLEC End Users. CLEC acknowledges that the Federal
Communications Commission has issued an order that could
affect
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SWBT's ability to offer NLS and that SWBT may have to stop
providing NLS at anytime. CLEC releases SWBT from any and
all claims, costs, damages, liabilities, losses, and
expenses (including reasonable attorney fees), if SWBT
stops providing NLS. CLEC also agrees to indemnify, defend,
and hold harmless SWBT from any and all third party claims,
costs, damages, liabilities, losses, and expenses
(including reasonable attorney fees), arising from SWBT's
decision to stop providing NLS.
(4) The Appendix Pricing-UNE Schedule of Prices has been amended to reflect the
rates for Nationwide Listing Service and is attached hereto in its entirety.
(5) This Amendment shall not modify or extend the Effective Date or Term of the
underlying Agreement, but rather, shall be coterminous with such Agreement.
(6) EXCEPT AS MODIFIED HEREIN, ALL OTHER TERMS AND CONDITIONS OF THE UNDERLYING
AGREEMENT SHALL REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT, and such terms
are hereby incorporated by reference and the Parties hereby reaffirm the terms
and provisions thereof.
(7) This Amendment shall be filed with and is subject to approval by the Public
Utility Commission of Texas ("PUC") and shall become effective ten (10) days
following approval by such PUC.
(8) This underlying Agreement is the result of CLEC's decision to opt into the
T2A or parts thereof pursuant to Texas Commission Order No. 55 in Project No.
16251 (dated October 14, 1999). This Amendment to such Agreement addresses
certain specific language changes thereto as agreed by SWBT and CLEC ("Agreed
Changes"). The Parties acknowledge and agree that (i) all aspects of this
Agreement except for the Agreed Changes were made available to CLEC only as a
result of CLEC's right to opt into the T2A or parts thereof pursuant to Order
No. 55; and (ii) therefore, no aspects of this Agreement other than the Agreed
Changes set forth in this Amendment may qualify for portability under Paragraph
43 of the SBC/Ameritech Merger Conditions, approved by the FCC its MEMORANDUM
OPINION AND ORDER, CC Docket 98-141, rel. (October 8, 1999) ("Paragraph 43").
The Parties further acknowledge and agree that the Agreed Changes shall be
considered portable under Paragraph 43 only if they otherwise qualify for
portability under that Paragraph. For convenience, the Parties have attempted to
identify all Agreed Changes in the underlying Agreement in Section (1) above.
(9) The Parties agree that the only provisions of this Agreement that are freely
negotiated are Section 1.4 in Appendix DA-Resale and Section 1.5 in Attachment
22: DA-Facilities Based. The remaining provisions in the Agreement have not been
voluntarily agreed to by the Parties.
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IN WITNESS WHEREOF, this Amendment to the Agreement was executed in
triplicate on this ______ day of __________, 2000, by SWBT, signing by and
through its duly authorized representative, and CLEC, signing by and through its
duly authorized representative.
BIRCH TELECOM OF TEXAS LTD., LLP SOUTHWESTERN BELL TELEPHONE COMPANY
OCN/AECN # 4737, 7096, 8860, 8861 BY SBC TELECOMMUNICATIONS, INC.,
ITS AUTHORIZED AGENT
By: Gregory C. Lawhon By: O.R. Stanley
------------------------------- ------------------------------
Title: Senior Vice President Title: President - Industry Markets
---------------------------- -----------------------------
Name: Gregory C. Lawhon Name: O.R. Stanley
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(Print or Type) (Print or Type)
Date: October 23, 2000 Date: 10/30/2000
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