Exhibit 10.2
INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE
TELECOMMUNICATIONS ACT OF 1996
This Interconnection Agreement under Sections 251 and 252 of the
Telecommunications Act of 1996 (this "Agreement"), dated as of October 31, 1997,
by and between Ameritech Information Industry Services, a division of Ameritech
Services, Inc., a Delaware corporation with offices at 000 Xxxxx Xxxxxxx, Xxxxx
Xxxxx, Xxxxxxx, Xxxxxxxx 00000, on behalf of and as agent for Ameritech Illinois
Metro, Inc. ("AIM") and Focal Communications Corporation of Illinois, a Delaware
corporation with offices at 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000
("Focal").
RECITALS
A. AIM is party to an Asset Purchase Agreement, dated as of April 8,
1997, and as amended, between AIM and Central Telephone Company of Illinois (the
"Asset Purchase Agreement").
B. Subject to and upon the occurrence of the Closing (as defined in the
Asset Purchase Agreement), AIM will be authorized to provide certain
Telecommunications Services (such term and each other term with initial capital
letter(s) which is not defined herein having the definition set forth in Exhibit
I attached hereto, as modified by Sections 2 and 3 hereof) within Illinois.
C. Subject to and upon the occurrence of the Closing, AIM will be engaged
in the business of providing, among other things, local Telephone Exchange
Service within Illinois.
D. Focal has been granted authority to provide certain local Telephone
Exchange Services within Illinois and is a Local Exchange Carrier as.
E. Subject to and upon and after the occurrence of the Closing, AIM and
Focal desire to Interconnect their telecommunications networks and facilities to
comply with the Act, and exchange traffic so that their respective residential
and business Customers may communicate with each other over, between and through
such networks and facilities.
F. AIM and Focal are entering into this Agreement to set forth their
respective obligations and the terms and conditions under which, subject to and
upon and after the occurrence of the Closing, AIM and Focal will Interconnect
their networks and facilities and provide to each other Telecommunications
Services as required by the Act as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and the covenants
contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Focal and AIM hereby agree as
follows:
1. This Agreement shall become effective as of the date of the Closing
(the "Effective Date").
2. AIM and Focal agree to be bound by the terms of Exhibit I attached
hereto, and agree that Focal shall have all of the rights and obligations of
Focal set forth therein and agree that AIM shall have all of the rights and
obligations of Ameritech Illinois set forth therein, all as though such Exhibit
I were set forth in full in this Agreement, except that each reference therein
to "Ameritech Illinois" or "Ameritech" shall be deemed changed to be a reference
to "Ameritech Illinois Metro, Inc." or "AIM," respectively.
3. The terms of Exhibit I attached hereto are identical to the terms of
the Interconnection Agreement under Section 251 and 252 of the
Telecommunications Act of 1996, dated as of October 28, 1996, by and between
Ameritech Information Industry Services, a division of Ameritech Services, Inc.,
on behalf of and as agent for Ameritech Illinois and Focal (the "Ameritech
Illinois Interconnection Agreement"). If the parties to the Ameritech Illinois
Interconnection Agreement at any time amend, change, supplement or otherwise
modify the Ameritech Illinois Interconnection Agreement, Exhibit I attached
hereto shall be deemed to have been simultaneously amended, changed,
supplemented or modified in the same manner with the same effect as though the
parties to this Agreement had executed an agreement so amending, changing,
supplementing or modifying Exhibit I attached hereto.
4. This Agreement shall terminate upon a merger of AIM with and into
Ameritech Illinois.
5. This Agreement does not amend or otherwise affect in any manner the
Ameritech Illinois Interconnection Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
as of the date first set forth above.
FOCAL COMMUNICATIONS AMERITECH INFORMATION INDUSTRY
CORPORATION OF ILLINOIS SERVICES, A DIVISION OF AMERITECH
SERVICES, INC., ON BEHALF OF AND AS
AGENT FOR AMERITECH ILLINOIS METRO, INC.
By: /s/ Xxxx X. Xxxxxxxx By: /s/ Xxxx X. Xxx
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Printed: Xxxx X. Xxxxxxxx Printed: Xxxx Xxx
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Title: Executive Vice President Title: President
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