EXHIBIT 10.46
AGREEMENT
This Agreement, which shall become effective as of the 22nd day of
May, 2000, is entered into by and between Xxxx.xxx Holding Corp. ("Xxxx.xxx") a
Pennsylvania corporation on behalf of itself, and BellSouth Telecommunications,
Inc., ("BellSouth"), a Georgia corporation, on behalf of itself and its
successors and assigns.
WHEREAS, the Telecommunications Act of 1996 (the "Act") was signed
into law on February 8, 1996; and
WHEREAS, section 252(i) of the Act requires BellSouth to make
available any interconnection, service, or network element provided under an
agreement approved by the appropriate state regulatory body to any other
requesting telecommunications carrier upon the same terms and conditions as
those provided in the agreement in its entirety; and
WHEREAS, Xxxx.xxx has requested that BellSouth make available in its
entirety the interconnection agreement executed between BellSouth and The Other
Phone Company, Inc. d/b/a Access One Communications, Inc. ("Access One") dated
February 17, 2000 for the state(s) of Alabama, Florida, Georgia, Kentucky,
Louisiana, Mississippi, North Carolina, South Carolina and Tennessee.
NOW, THEREFORE, in consideration of the promises and mutual covenants
of this Agreement, Xxxx.xxx and BellSouth hereby agree as follows:
1. Xxxx.xxx and BellSouth shall adopt in its entirety the Access One
Interconnection Agreement dated February 17, 2000 and any and all amendments to
said agreement executed and approved by the appropriate state regulatory
commission as of the date of the execution of this Agreement. The Access One
Interconnection Agreement and all amendments are attached hereto as Exhibit 1
and incorporated herein by this reference. The adoption of this agreement with
amendment(s) consists of the following:
ITEM NO. PAGES
Adoption Papers 3
Title Page 1
Table of Contents 1
General Terms and Conditions 22
Attachment 1 40
Attachment 2 127
Attachment 3 38
Attachment 4 66
Attachment 5 11
Attachment 6 6
Attachment 7 20
Attachment 8 2
Attachment 9 107
Attachment 10 10
Attachment 11 11
Amendment to add NC ordered rates 11
TOTAL 473
2. In the event that Xxxx.xxx consists of two (2) or more separate
entities as set forth in the preamble to this Agreement, all such entities shall
be jointly and severally liable for the obligations of Xxxx.xxx under this
Agreement.
3. The term of this Agreement shall be from the effective date as set
forth above and shall expire as set forth in section 2 of the Access One
Interconnection Agreement. For the purposes of determining the expiration date
of this Agreement pursuant to section 2 of the Access One Interconnection
Agreement, the effective date shall be February 17, 2000.
4. Xxxx.xxx shall accept and incorporate any amendments to the Access
One Interconnection Agreement executed as a result of any final judicial,
regulatory, or legislative action.
5. Every notice, consent, approval, or other communications required
or contemplated by this Agreement shall be in writing and shall be delivered in
person or given by postage prepaid mail, address to:
BELLSOUTH TELECOMMUNICATIONS, INC.
CLEC Account Team
9th Floor
000 Xxxxx 00xx Xxxxxx
Xxxxxxxxxx, Xxxxxxx 00000
and
General Attorney -COU
Suite 4300
000 X. Xxxxxxxxx Xx.
Xxxxxxx, XX 00000
XXXX.XXX HOLDING CORP.
Attn: Xxxxx Xxxxxxx
00000 Xxxxxxx Xxxxxx Xxxxx
Xxxxx 000
Xxxxxx, XX 00000
Phone: 000-000-0000
FAX: 000-000-0000
or at such other address as the intended recipient previously shall have
designated by written notice to the other Party. Where specifically required,
notices shall be by certified or registered mail. Unless otherwise provided in
this Agreement, notice by mail shall be effective on the date it is officially
recorded as delivered by return receipt or equivalent, and in the absence of
such record of delivery, it shall be presumed to have been delivered the fifth
day, or next business day after the fifth day, after it was deposited in the
mail.
IN WITNESS WHEREOF, the Parties have executed this Agreement through their
authorized representatives.
BELLSOUTH TELECOMMUNICATIONS, INC. XXXX.XXX HOLDING CORP.
/s/ /s/
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Signature Signature
Xxxxx Xxxxxxx Xxxxxx Xxxxxx
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Name Name
Senior Director EVP, Business Development
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Title Title
May 22, 2000 May 15, 2000
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Date Date
