Interconnection Agreement [Amendment No. 1] - Southwestern Bell Telephone Co. and Birch Telecom of Missouri Inc.
AMENDMENT NO. 1 TO INTERCONNECTION AGREEMENT
BY AND BETWEEN
SOUTHWESTERN BELL TELEPHONE COMPANY
AND
BIRCH TELECOM OF MISSOURI, INC.
The Interconnection Agreement ("the Agreement") by and between
Southwestern Bell Telephone Company ("SWBT") and Birch Telecom of Missouri, Inc.
("CLEC") is hereby amended as follows:
(1) General Terms and Conditions pages III, 31 and 32 are amended to
indicate Attachment 6: Pricing-UNE Schedule of Prices and Appendix Collocation
are amended November 1999 and to indicate that Attachment 25 DSL is added
November 1999.
(2) General Terms and Conditions Sections 3.1 and 3.2 are deleted and
replaced with a new Section 3.1. General Terms and Conditions is attached in its
entirety.
3.1 This Agreement is entered into as a result of both private negotiation
between the Parties and the incorporation of some of the results of
arbitration by Missouri Public Service Commission. In the event that
any of the rates, terms and/or conditions herein, or any of the laws or
regulations that were the basis or rationale for such rates, terms
and/or conditions in the Agreement, are invalidated, modified or stayed
by any action of any state or federal regulatory or legislative bodies
or courts of competent jurisdiction, including but not limited to any
decision by the Eighth Circuit relating to any of the costing/pricing
rules adopted by the FCC in its First Report and Order, IN RE:
IMPLEMENTATION OF THE LOCAL COMPETITION PROVISIONS IN THE
TELECOMMUNICATIONS ACT OF 1996, 11 FCC Rcd 15499 (1996)(e.g., Section
51.501, et seq.), upon review and remand from the United States Supreme
Court, in AT&T CORP. V. IOWA UTILITIES BD., 119 S. Ct. 721 (1999) or
AMERITECH V. FCC, No. 98-1381, 1999 WL 116994, 1999 Lexis 3671 (June 1,
1999), the affected provision shall be immediately invalidated,
modified, or stayed, consistent with the action of the legislative
body, court, or regulatory agency upon the written request of either
Party. In such event, the Parties shall expend diligent efforts to
arrive at an agreement regarding the appropriate conforming
modifications to the Agreement. If negotiations fail, disputes between
the Parties concerning the interpretation of the actions required or
provisions affected by such governmental actions shall be resolved
pursuant to the dispute resolution process provided for in this
<PAGE>
Agreement. Without limiting the general applicability of the foregoing,
the Parties acknowledge that on January 25, 1999, the United States
Supreme Court issued its opinion in AT&T CORP. V. IOWA UTILITIES BD.,
119 S. Ct. 721 (1999) and on June 1, 1999, the United States Supreme
Court issued its opinion in AMERITECH V. FCC, No. 98-1381, 1999 WL
116994, 1999 Lexis 3671 (1999). The Parties further acknowledge and
agree that by executing this Agreement, neither Party waives any of its
rights, remedies, or arguments with respect to such decisions and any
remand thereof, including its rights under this Intervening Law
paragraph.
(3) Delete Appendix Collocation and replace with Appendix Collocation
revision date 090299 which is attached in its entirety.
(4) Add Attachment 25 Digital Subscriber Line (DSL) which is attached
in its entirety.
(5) Amend Appendix Pricing UNE-Schedule of Prices to add pricing for
DSL. Appendix Pricing UNE-Schedule of Prices is attached in its entirety.
(6) This Amendment shall not modify or extend the Effective Date or
Term of the underlying Agreement, but rather, shall be coterminous with such
Agreement.
(7) 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.
(8) This Amendment shall be filed with and is subject to approval by
the Missouri Public Service Commission ("PUC") and shall become effective ten
(10) days following approval by such PUC.
<PAGE>
IN WITNESS WHEREOF, this Amendment to the Agreement was exchanged in
triplicate on this 22nd day of December, 1999, by SWBT, signing by and through
its duly authorized representative, and CLEC, signing by and through its duly
authorized representative.
BIRCH TELECOM OF MISSOURI, INC. *SOUTHWESTERN BELL TELEPHONE
COMPANY
AECN/OCN: 8665
By: /s/ Gregory C. Lawhon By: /s/ Larry B. Cooper
-------------------------------- --------------------------------
Title: Senior Vice President Title: President - Industry Markets
--------------------------- -----------------------------
Name: Gregory C. Lawhon Name: Larry B. Cooper
---------------------------- -----------------------------
(Print or Type) (Print or Type)
Date: December 20, 1999 Date: December 22, 1999
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*On January 25, 1999, the United States Supreme Court issued its opinion in AT&T
CORP. V. IOWA UTILITIES BOARD, 119 S. Ct. 721 (1999) and on June 1, 1999, the
United States Supreme Court issued its opinion in AMERITECH V. FCC, No. 98-1381,
1999 WL 116994, 1999 Lexis 3671 (June 1, 1999). By executing this amendment,
SWBT does not waive any of its rights, remedies or arguments with respect to
such decisions and any remands thereof, including its rights under Section 3.0
of the Interconnection Agreement between Birch Telecom of Missouri, Inc. and
Southwestern Bell.