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 PaeTec’s 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. PaeTec’s 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
VERIZON’S
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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 seventy percent (70%) of the engineered capacity,
unless the Parties agree that
