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EXHIBIT 10(mm)
FIRST AMENDMENT
TO
INTERCONNECTION AGREEMENT BETWEEN
POWERTEL, INC. ("POWERTEL") AND BELLSOUTH TELECOMMUNICATIONS, INC.
("BELLSOUTH")
WHEREAS, pursuant to Sections 251 and 252 of the Telecommunications Act
of 1996, Powertel and BellSouth entered into an interconnection agreement (the
"Agreement") for the rates, terms, and conditions of the exchange of traffic
between the parties to be effective April 1, 1997;
WHEREAS, the Agreement was approved by the Alabama Public Service
Commission on May 5, 1997, by the Florida Public Service Commission on June 24,
1997, by the Georgia Public Service Commission on July 1, 1997, by the Kentucky
Public Service Commission on May 20, 1997, by the Louisiana Public Service
Commission on June 10, 1997, by the Mississippi Public Service Commission on
June 4, 1997, by the South Carolina Public Service Commission on April 17, 1997,
and as filed with the Tennessee Regulatory Authority;
WHEREAS, the Agreement provided for an initial LATA-wide Additive that
was included in Type 1 and Type 2A rates, subject to further negotiation by the
parties; and
WHEREAS, Powertel and BellSouth have negotiated a final LATA-wide
Additive as set forth herein.
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, Powertel and BellSouth hereby covenant and agree
as follows:
1. Section V of the Agreement is hereby revised to read as follows:
V. MODIFICATION OF RATES
The LATA-wide Additive reflected in Attachment B-1 for Type 1 and Type
2A rates is intended to compensate BellSouth for additional transport and other
costs associated with transporting and terminating Local Traffic throughout a
LATA instead of only within local calling areas as defined by the Commission as
of the Effective Date. From the Effective Date until the expiration or
termination of the Agreement, the LATA-wide Additive shall be the rate per
minute in each state as set forth in Attachment B-1 (Amended). The parties shall
make the adjustment, or "true-up" described in the original Section V of the
Agreement for the purpose of applying the final LATA-wide Additive back to the
Effective Date of the Agreement.
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2. Attachment B-1 of the Agreement is hereby revised and replaced with
Attachment B-1 (Amended) appended hereto and made a part hereof.
3. The parties agree that except as specifically modified by this
Amendment all other provisions of the Agreement shall remain in full force and
effect.
4. The parties further agree that either or both of the parties is
authorized to submit this Amendment to the Commission or other regulatory body
having jurisdiction over the subject matter of this Amendment for approval
subject to Section 252(e) of the Telecommunications Act of 1996.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized representatives on the date
indicated below.
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Powertel, Inc. BellSouth Telecommunications, Inc.
By: /s/ Gowton Xxxxxxxx By: /s/ Xxxxx Xxxxxxx
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DATE: DATE: 2/11/98
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