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Exhibit
10.11.2
FIRST AMENDMENT
to
INTERCONNECTION
AGREEMENT
This First Amendment
(“Amendment”) is entered into by and between New York
Telephone Company, d/b/a Bell Atlantic - New York
(“BA”), a New York corporation with offices at 1095
Avenue of the Americas, Room 1423, New York, New York 10036, and
PaeTec Communications, Inc. (“PaeTec”), a Delaware
corporation with offices at 290 Woodcliff Drive, Fairport, New York
14450 (each a “Party” and, collectively, the
“Parties”), effective the 9 th
day of July
1999.
WHEREAS PaeTec and BA entered
into an Interconnection Agreement for the State of New York dated
November 24,1998; and
WHEREAS PaeTec has requested
to make certain changes in its designated Interconnection Points;
and
WHEREAS BA has agreed to
these changes, subject to the terms and conditions set forth
below;
NOW, THEREFORE, in
consideration of the mutual provisions contained herein and other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, PaeTec and BA hereby agree as
follows:
| 1. |
Designation of PaeTec-IP(s). Schedule 4.0 to the
Agreement is replaced and super seded by the attached amended
Schedule 4.0. Henceforth the PaeTec Interconnection Point(s)
(“PaeTec-IP(s)”) shall be as designated on amended
Schedule 4.0, except as provided below or as mutually agreed by the
Parties in writing. |
| 2. |
Special Terms and Conditions. Where the designated
PaeTec-IP listed on Schedule 4.0 is a BA Access Tandem, the
following terms and conditions shall apply: |
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2.1 |
Except as permitted by paragraph 2.5 below, PaeTec shall
subscribe to DS-3 and/or DS-1 service pursuant to the rates, terms,
and conditions of BA’s access Tariff(s), connecting the new
PaeTec-IP(s) to one or more interexchange carrier
(“IXC”) points of presence (“POP”). BA
understands that PaeTec has negotiated with the IXC to use these
leased access facilities, in connection with IXC facilities, to
transport traffic to a PaeTec switch. |
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2.2 |
BA shall
deliver terminating Local Traffic, Tandem Transit Traffic,
translated LEC IntraLATA toll free service access code (e.g.,
800/888/877) traffic, IntraLata Toll Traffic, Meet Point Billing
traffic, and other relevant traffic types to PaeTec at the
designated PaeTec-IP, and route the traffic to PaeTec’s
leased access facilities. PaeTec shall be solely responsible for
the transport and termina tion of such traffic on its side of the
PaeTec-IP. PaeTec will be given Connecting Facility Assignment
(CFA) authority on its leased facilities from the PaeTec-IP
to
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the IXC POP for this traffic.
It shall be PaeTec’s responsibility to ensure at all times
that sufficient transport capacity is available to carry the
traffic delivered from BA to PaeTec at the PaeTec-IP consistent
with trunk service, availability, and quality standards described
in Section 12.0 and 13.0 of Appendix 1 of the Agreement.
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2.3 |
BA shall compensate PaeTec for the transport and
ter |
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