Interconnection Agreement [Amendment No. 4] - Southwestern Bell Telephone Co. and Birch Telecom of Missouri Inc.
AMENDMENT NO. 4
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) Amendment DSL is hereby modified.
(2) This Amendment shall not modify or extend the Effective Date
or Term of the underlying Agreement, but rather, shall be
coterminous with such Agreement.
(3) 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.
(4) This Amendment shall be filed with and is subject to approval by
the Public Utility Commission and shall become effective ten (10) days following
approval by such Commission.
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IN WITNESS WHEREOF, this Amendment to the Agreement was exchanged 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 MISSOURI, INC. SOUTHWESTERN BELL TELEPHONE COMPANY
BY SBC TELECOMMUNICATIONS, INC.,
ITS AUTHORIZED AGENT
By: Gregory C. Lawhon By: O. R. Stanley
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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: 12/6/00 Date: 12/14/00
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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). In addition, on July 18, 2000,
the United States Court of Appeals for the Eighth Circuit issued its opinion in
IOWA UTILITIES BOARD V. FCC, No. 96-3321, 2000 Lexis 17234 (July 18, 1999). In
addition, on November 5, 1999, the FCC issued its Third Report and Order and
Fourth Further Notice of Proposed Rulemaking in CC Docket No. 96-96 (FCC
99-238), including the FCC's Supplemental Order issued IN THE MATTER OF THE
LOCAL COMPETITION PROVISIONS OF THE TELECOMMUNICATIONS ACT OF 1996, in CC Docket
No. 96-98 (FCC 99-370) (rel. November 24, 1999), portions of which become
effective thirty (30) days following publication of such Order in the Federal
Register (February 17, 2000) and other portions of which become effective 120
days following publication of such Order in the Federal Register (May 17, 2000).
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
right to seek legal review or a stay of such decisions, or its rights under
Section 3 of the Interconnection Agreement between Birch Telecom of Missouri
Inc. and Southwestern Bell Telephone Company.