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EXHIBIT 10.31
AMENDMENT
TO
INTERCONNECTION AGREEMENT BETWEEN
CYBERNET GROUP AND
BELLSOUTH TELECOMMUNICATIONS, INC.
Pursuant to this Agreement (the "Amendment"), Cybernet Group and
BellSouth Telecommunications, Inc. ("BellSouth") hereinafter referred to
collectively as the "Parties" hereby agree to amend that certain Interconnection
Agreement between the Parties dated 4/15, 1997 ("Interconnection Agreement").
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, Cybernet Group and BellSouth hereby covenant and
agree as follows:
1. The Parties agree that BellSouth will, upon request, provide and
Cybernet Group will accept and pay for (1) loops, (2) loop cross-connections and
(3) loop channelization in accordance with the schedule of prices set forth in
Attachment C-2 to this Amendment which is incorporated herein by reference, in
and for the states reflected on Attachment C-2.
2. The Parties agree that the prices reflected herein shall be
"trued-up" (up or down) based on final prices either determined by further
agreement or by final order (including any appeals) of the relevant public
service commission or other body having jurisdiction over the subject matter of
this Amendment, which final order meets the criteria contained in paragraph 4
hereof. The "true-up" will consist of comparing the actual volumes and demand
for each item, together with the price associated with such item by this
Amendment, with the final prices determined for each item. Each party shall keep
its own records upon which a "true-up" can be based and any final payment from
one party to the other shall be in an amount agreed upon by the Parties based on
such records. In the event of any disagreement as between the records or the
Parties regarding the amount of such "true-up," the Parties agree that the body
having jurisdiction over the matter for the affected states shall be called upon
to resolve such differences or that they will submit the matter to commercial
arbitration in accordance with the terms contained in Section XXV of the
Interconnection Agreement.
3. The Parties agree that they may continue to negotiate as appropriate
in an effort to obtain final prices for each of these items, but in the event
that no such agreement is reached within six (6) months of this Amendment (which
time can be extended by mutual agreement of the Parties) either party may
petition the public service commission or other regulatory body to resolve such
disputes and to determine final rates for each of the items covered by this
Amendment. Alternatively, upon their mutual agreement, the parties may submit
the matter to commercial arbitration in accordance with the terms contained in
Article XIV of the Interconnection Agreement.
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4. Any final order that forms the basis of a "true-up" under this
Amendment shall meet the following criteria:
(a) It shall be in a proceeding to which Cybernet Group and
BellSouth are entitled to be full parties to the proceeding.
(b) It shall apply the provisions of the Telecommunications
Act of 1996, including, but not limited to, Section 252(d)(1) and all effective
implementing rules and regulations; provided that said Act and such regulations
are in effect at the time of the final order.
(c) It shall include as an issue the geographic deaveraging of
unbundled element rates, which deaveraged rates, if any are required by said
final order, shall form the basis of any "true-up."
5. The Parties further agree that the rates for number portability
identified in Attachment D to the Interconnection Agreement will be
retroactively "trued-up" to the effective date of the Interconnection Agreement
in the event that different rates for number portability are established by
mutual agreement of the parties, regulatory action, judicial order, or by
selection of a lower rate for number portability pursuant to the "most favorable
provisions" contained in Section XXII of the Interconnection Agreement.
6. The Parties agree that all of the other provisions of the
Interconnection Agreement, dated 4/15, 1997, shall remain in full force and
effect. Nothing in this Amendment shall in any way limit Cybernet Group's
ability to select substitute rates for local loops, loop cross connects, or loop
channelization pursuant to the terms of Section XXII of the Interconnection
Agreement relating to "most favorable" treatment.
7. The Parties further agree that either or both of the Parties is
authorized to submit this Amendment to the appropriate state public service
commission or other regulatory body having jurisdiction over the subject matter
of this Amendment, for approval subject to Section 252(e) of the federal
Telecommunications Act of 1996.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed by their respective duly authorized representatives on the date
indicated below.
/s/ Xxxxxx Xxxxxxxx /s/ Xxxxx X. Xxxxxxx
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CYBERNET GROUP BELLSOUTH TELECOMMUNICATIONS,
INC.
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By: By: Xxxxx X. Xxxxxxx
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Title: Title: Director
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DATE: DATE: 5/1/97
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ATTACHMENT C-2
States: Alabama Florida Georgia
---------------------------- ------------ -------------------- ------------ ------------------- ------------- -------------------
Rate Elements Monthly Nonrecurring* Monthly Nonrecurring* Monthly Nonrecurring*
---------------------------- ------------ -------------------- ------------ ------------------- ------------- -------------------
Unbundled Exchange
Access Loop**
2-Wire Analog $18.00 $55.20 $17.00 $44.80 $17.00 $25.80
4-Wire Analog $28.80 $55.20 $27.20 $44.80 $27.20 $25.80
2-Wire ADSL/HDSL $18.00 $55.20 $17.00 $44.80 $17.00 $25.80
4-Wire HDSL $28.80 $55.20 $27.20 $44.80 $27.20 $25.80
2-Wire ISDN Digital $28.80 $55.20 $27.20 $44.80 $27.20 $25.00
Cross-Connects
2-Wire Analog $0.30 $18.40 $0.30 $15.20 $0.30 $12.60
4-Wire Analog $0.50 $18.40 $0.50 $15.20 $0.50 $12.60
Loop Channelization
Equipment $400.00 $525.00 $400.00 $525.00 $400.00 $525.00
Per Line $1.15 $8.00 $1.15 $8.00 $1.15 $8.00
---------------------------- ------------ -------------------- ------------ ------------------- ------------- -------------------
States: Kentucky
---------------------------- ------------ -------------------
Rate Elements Monthly Nonrecurring*
---------------------------- ------------ -------------------
Unbundled Exchange
Access Loop**
2-Wire Analog $17.00 $58.40
4-Wire Analog $27.20 $58.40
2-Wire ADSL/HDSL $17.00 $58.40
4-Wire HDSL $27.20 $58.40
2-Wire ISDN Digital $27.20 $58.40
Cross-Connects
2-Wire Analog $0.30 $16.00
4-Wire Analog $0.50 $16.00
Loop Channelization
Equipment $400.00 $525.00
Per Line $1.15 $8.00
---------------------------- ------------ -------------------
* These rates reflect 80% of the Business Service Connection Charge. If the
Business Service Connection Charge is modified, this rate will become 80%
of the revised rate.
** In the event that an unbundled loop ordered by DeltaCom is part of an
Integrated Digital Loop Carrier (IDLC) system, the loop will by unbundled
from the IDLC and provided to DeltaCom in accordance with the corresponding
rates specified above.
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ATTACHMENT C-2
States: Louisiana Mississippi North Carolina
--------------------------- ------------ -------------------- ------------ ------------------- ------------- -------------------
Rate Elements Monthly Nonrecurring* Monthly Nonrecurring* Monthly Nonrecurring*
--------------------------- ------------ -------------------- ------------ ------------------- ------------- -------------------
Unbundled Exchange
Access Loop**
2-Wire Analog $17.00 $68.00 $22.00 $53.36 $17.00 $33.00
4-Wire Analog $27.20 $68.00 $35.20 $53.36 $27.20 $33.00
2-Wire ADSL/HDSL $17.00 $68.00 $22.00 $53.36 $17.00 $33.00
4-Wire HDSL $27.20 $68.00 $35.20 $53.36 $27.20 $33.00
2-Wire ISDN Digital $27.20 $68.00 $35.20 $53.36 $27.20 $33.00
Cross-Connects
2-Wire Analog $0.30 $20.80 $0.30 $13.00 $0.30 $11.60
4-Wire Analog $0.50 $20.80 $0.50 $13.00 $0.50 $11.60
Loop Channelization
Equipment $400.00 $525.00 $400.00 $525.00 $400.00 $525.00
Per Line $1.15 $8.00 $1.15 $8.00 $1.15 $8.00
--------------------------- ------------ -------------------- ------------ ------------------- ------------- -------------------
States: South Carolina
--------------------------- ------------ -------------------
Rate Elements Monthly Nonrecurring*
--------------------------- ------------ -------------------
Unbundled Exchange
Access Loop**
2-Wire Analog $18.00 $51.20
4-Wire Analog $28.80 $51.20
2-Wire ADSL/HDSL $18.00 $51.20
4-Wire HDSL $28.80 $51.20
2-Wire ISDN Digital $28.80 $51.20
Cross-Connects
2-Wire Analog $0.30 $8.00
4-Wire Analog $0.50 $8.00
Loop Channelization
Equipment $400.00 $525.00
Per Line $1.15 $8.00
--------------------------- ------------ -------------------
* These rates reflect 80% of the Business Service Connection Charge. If the
Business Service Connection Charge is modified, this rate will become 80%
of the revised rate.
** In the event that an unbundled loop ordered by DeltaCom is part of an
Integrated Digital Loop Carrier (IDLC) system, the loop will by unbundled
from the IDLC and provided to DeltaCom in accordance with the corresponding
rates specified above.
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ATTACHMENT C-2
States: Tennessee
--------------------------------- ------------ --------------------
Rate Elements Monthly Nonrecurring*
--------------------------------- ------------ --------------------
Unbundled Exchange
Access Loop**
2-Wire Analog $18.00 $46.80
4-Wire Analog $28.80 $46.80
2-Wire ADSL/HDSL $18.00 $46.80
4-Wire HDSL $28.80 $46.80
2-Wire ISDN Digital $28.80 $46.80
Cross-Connects
2-Wire Analog $0.30 $19.20
4-Wire Analog $0.50 $19.20
Loop Channelization
Equipment $400.00 $525.00
Per Line $1.15 $8.00
--------------------------------- ------------ --------------------
* These rates reflect 80% of the Business Service Connection Charge. If
the Business Service Connection Charge is modified, this rate will become
80% of the revised rate.
** In the event that an unbundled loop ordered by DeltaCom is part of an
Integrated Digital Loop Carrier (IDLC) system, the loop will by unbundled
from the IDLC and provided to DeltaCom in accordance with the corresponding
rates specified above.
