AMENDMENT NO. 3 to the INTERCONNECTION AGREEMENT between VERIZON NEW YORK INC. and PAETEC COMMUNICATIONS, INC.Interconnection Agreement |
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Exhibit 10.11.4
AMENDMENT NO. 3
to the
INTERCONNECTION AGREEMENT
between
VERIZON NEW YORK INC.
and
PAETEC COMMUNICATIONS, INC.
This Amendment No. 3 (this Amendment) is made this 15th day of August 2001 (the Effective Date) by and between Verizon New York Inc., a New York corporation (VERIZON), and PaeTec Communications, Inc., a Delaware corporation (PaeTec). (VERIZON and PaeTec may be hereinafter referred to, each individually, as a Party and, collectively, as the Parties).
WITNESSETH:
WHEREAS, VERIZON and PaeTec are Parties to an Interconnection Agreement under Sections 251 and 252 of the Telecommunications Act of 1996 dated November 24, 1998 (the Interconnection Agreement); and
WHEREAS, VERIZON and PaeTec wish to exchange certain traffic over Two-Way Interconnection Trunks;
NOW, THEREFORE, in consideration of the promises and mutual agreements set forth herein, the Parties agree to amend the Interconnection Agreement as follows:
1. Amendment to Interconnection Agreement. Effective as of the date first set forth above, the Interconnection Agreement is amended hereby as follows:
a) Two-Way Interconnection Trunks. Notwithstanding anything set forth in the Interconnection Agreement, the Parties shall configure separate One-Way Interconnection Trunks for the delivery of traffic from PaeTec to VERIZON, and for the delivery of traffic from VERIZON to PaeTec, respectively; provided, however, that in lieu thereof, upon receipt of PaeTecs written request, VERIZON shall provide Two-Way Interconnection Trunks for the exchange of traffic between the networks of VERIZON and PaeTec pursuant, and subject, to the rates, terms and conditions specified in the NYPSC No. 914, as amended from time to time, and the additional terms and conditions set forth below:
(1) Prior to requesting any Two-Way Interconnection Trunks from VERIZON, PaeTec shall meet with VERIZON to conduct a joint planning meeting (Joint Planning Meeting). At that Joint Planning Meeting, each Party shall provide to the other Party originating CCS information, and the Parties shall mutually agree on the appropriate initial number of Two-Way Meet Point A (high usage) and Meet Point B (final)Interconnection Trunks and the interface specifications at the Point of Interconnection (POI). At the Joint Planning Meeting, the Parties shall also mutually agree on the conversion process and project intervals for requests to convert existing Meet Point A and Meet Point B One-Way Interconnection Trunks to Meet Point A and Meet Point B Two-Way Interconnection Trunks.
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(2) Two-Way Interconnection Trunks shall be from a VERIZON End Office or Tandem to a mutually agreed upon POI.
(3) On a semi-annual basis, PaeTec shall submit a good faith forecast to VERIZON of the number of Meet Point A and Meet Point B Two-Way Interconnection Trunks that PaeTec anticipates that the Parties will require from VERIZON during the ensuing two (2) year period. PaeTecs trunk forecasts shall conform to the VERIZON CLEC trunk forecasting guidelines as in effect at that time.
(4) The Parties shall meet (telephonically or in person) from time to time, as needed, to review data on Meet Point A and Meet Point B Two-Way Interconnection Trunks to determine the need for new trunk groups and to plan any necessary changes in the number of Two-Way Interconnection Trunks.
(5) Two-Way Interconnection Trunks shall have SS7 Common Channel Signaling. The Parties agree to utilize B8ZS and Extended Super Frame (ESF) DS1 facilities, where available.
(6) With respect to Meet Point A Two-Way Interconnection Trunks, both Parties shall use an economic CCS equal to five (5).
(7) Meet Point B Two-Way Interconnection Trunk groups that connect to a VERIZON access Tandem shall be engineered using a design blocking objective of Neal- Wilkenson B.005 during the average time consistent busy hour; Meet Point B Two-Way Interconnection Trunk groups that connect to a VERIZON local Tandem shall be engineered using a design blocking objective of Neal Wilkenson B.01 during the average time consistent busy hour. VERIZON and PaeTec shall engineer Two-Way Interconnection Trunks using national standards.
(8) PaeTec shall determine and order the number of Two-Way Interconnection Trunks that are required to meet the applicable design blocking objective for all traffic carried on each Two-Way Interconnection Trunk group. PaeTec shall order Two-Way Interconnection Trunks by submitting ASRs to VERIZON setting forth the number of Two-Way Interconnection Trunks to be installed and the requested installation dates within VERIZONS
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effective standard intervals or negotiated intervals, as appropriate. PaeTec shall complete ASRs in accordance with Ordering and Billing Forum Guidelines as in effect from time to time. VERIZON may monitor Two-Way Interconnection Groups using service results for the applicable design blocking objective. If VERIZON observes blocking in excess of the applicable design objective on any final Two-Way Interconnection Trunk group and PaeTec has not notified VERIZON that it has corrected such blocking, VERIZON may submit to PaeTec a Trunk Group Service Request directing PaeTec to remedy the blocking. Upon receipt of a Trunk Group Service Request, PaeTec will complete an ASR to augment the Two-Way Interconnection Group with excessive blocking and submit the ASR to VERIZON within five (5) business days.
(9) In the event the traffic volume between a VERIZON End Office and the PaeTec POI, which is carried by a Meet Point B Interconnection Trunk group, exceeds the CCS busy hour equivalent of one (1) DS-1 at any time or 200,000 combined minutes of use for a single month, PaeTec shall promptly submit an ASR to VERIZON to establish a new Meet Point A Two-Way Interconnection Trunks between that VERIZON End Office and the PaeTec POI.
(10) [INTENTIONALLY LEFT BLANK]
(11) The Parties will review all Meet Point B Two-Way Interconnection Trunk groups that reach a utilization level of seventy (70%) percent of the engineered capacity or greater to determine whether those groups should be augmented. PaeTec will promptly augment all Meet Point B Two-Way Interconnection Trunk groups that reach a utilization level of eighty percent (80%) of the engineered capacity by submitting ASRs for additional trunks sufficient to attain a utilization level of approximately seve






