EXHIBIT 10.35.4
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FIFTH AMENDMENT
TO
INTERCONNECTION AGREEMENT BETWEEN
DELTACOM, INC. AND
BELLSOUTH TELECOMMUNICATIONS, INC.
DATED MARCH 12, 1997
Pursuant to this Agreement (the "Fifth Amendment"), DeltaCom, Inc.
("DeltaCom") and BellSouth Telecommunications , Inc. ("BellSouth"), hereinafter
referred to collectively as the "Parties", hereby agree to further amend that
certain Interconnection Agreement, as heretofore amended, between the Parties
dated March 12, 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, DeltaCom and BellSouth hereby covenant and agree as
follows:
1 Article V of the Agreement is hereby modified to include the
following:
C.5. Attachment G of this Agreement contains the Rates, Terms and
Conditions for local interconnection of Frame Relay services.
2 Attachment G, shown here as Exhibit A, is hereby incorporated herein by
reference to the Agreement.
3 The Parties agree that all of the other provisions of the Agreement, dated
March 12, 1997, shall remain in full force and effect including any amendments
thereto.
4 The Parties further agree that either or both of the Parties are authorized
to submit this Amendment to the appropriate state public service commission or
other regulatory body having jurisdiction over the matter of this Amendment, for
approval subject to Section 252(e) of the federal Telecommunications Act of
1996. However, this Amendment is effective without further approval needed.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed by their respective duly authorized representatives on the date
indicated below.
___________________________ __________________________________
DeltaCom, Inc. BellSouth Telecommunications, Inc.
By:/s/ Xxxxxx X. Xxxxx By:/s/ Xxxxx X. Xxxxxxx
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Name: Xxxxxx X. Xxxxx Name: Xxxxx X. Xxxxxxx
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Title: Sr. Vice President, Title: Director-Interconnection
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Network Services Services/Pricing
Date: 7/21/98 Date: 7/22/98
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Exhibit A
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Attachment G
A. Frame Relay Service Traffic
The following provisions will apply only to Frame Relay Service and
Exchange Access Frame Relay Service in those states in which DeltaCom is
certified and providing Frame Service as a Local Exchange Carrier and where
traffic is being exchanged between DeltaCom and BellSouth Frame Relay Switches
in the same LATA.
A.1 The Parties agree to establish two-way Frame Relay facilities between
their respective Frame Relay Switches to the mutually-agreed upon Frame Relay
Service point(s) of interconnection ("POIs") within the LATA. All POIs shall be
within the same Frame Relay Network Serving Area as defined in Section A40
of BellSouth's General Subscriber Services Tariff.
A.1.1 Upon the request of either Party, such interconnection will be
established where BellSouth and DeltaCom have Frame Relay
Switches in the same LATA. Where there are multiple Frame Relay
switches in the central office of a Party, an interconnection
with any one of the switches will be considered an
interconnection with all of the switches at that central office
for purposes of routing packet traffic.
A.1.2 The Parties agree to provision local and IntraLATA Frame Relay
Service and Exchange Access Frame Relay Service (both
intrastate and interstate) over Frame Relay Trunks between the
respective Frame Relay switches and the POIs.
A.1.3 The Parties agree to assess each other reciprocal charges for
the facilities that each provides to the other according to the
Percent Local Circuit use ("PLCU") factor PLCU, determined as
follows:
(i) Frame Relay framed packet data is transported within
Virtual Circuits ("VC"). For the purposes of calculating
the PLCU, if all the data packets transported within a VC
remain within the LATA, then consistent with the local
definitions in this Agreement, the traffic on that VC is
local ("Local VC").
Page 1 of 4
Exhibit A
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Attachment G
(ii) If the originating and terminating locations of the two way
packet data traffic are not in the same LATA, the traffic
on that VC is interLATA.
(iii) The PLCU shall be determined by dividing the total number
of Local VCs, by the total number of VCs on each Frame
Relay facility at the end of the reporting period. The
Parties agree to renegotiate the method for determining the
PLCU, at either Parties' request, and within 90 days, if
either Party notifies the other that it has found that this
method does not adequately represent the PLCU.
(iv) If there are no VCs on a facility when it is billed, the
PLCU will be zero.
A.2 BellSouth will provide the Frame Relay Trunk(s) between the Parties
respective Frame Relay Switches. The Parties will be compensated as follows:
BellSouth will invoice, and DeltaCom will pay, the total non-recurring and
recurring charges for the trunk facility. DeltaCom will then invoice, and
BellSouth will pay, an amount calculated by multiplying the BellSouth billed
charges for the trunk facility by one-half of the DeltaCom's PLCU.
A.3 Each Party will provide a Frame Relay network-to-network interface
("NNI") port to the other Party for each trunk facility provided pursuant to
A.2, above. Compensation for NNI ports shall be based upon the NNI rates set
forth in the BellSouth F.C.C. Xxxxxx Xx.0. Pursuant to that tariff, DeltaCom may
select a month-to-month or term rate structure for the NNI ports BellSouth
provides to DeltaCom. Whatever rate structure DeltaCom selects shall be deemed
to be the same rate structure that applies to the NNI port DeltaCom provides to
BellSouth. There shall be no termination liability to either party for the local
portion of the NNI port as determined by the Deltacom PLCU at the time of
termination.
A.4 Compensation for the NNI ports shall be calculated as follows:
A.4.1 For NNI ports provided by BellSouth to DeltaCom, BellSouth will
invoice, and DeltaCom will pay, the total non-recurring and
recurring charges for the NNI port. DeltaCom will then invoice,
and BellSouth will pay, an amount calculated by multiplying the
BellSouth billed non-recurring and recurring charges for the
NNI port by one-half of DeltaCom's PLCU.
Page 2 of 4
Exhibit A
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Attachment G
A.4.2 For NNI ports provided by DeltaCom to BellSouth, DeltaCom will
invoice, and BellSouth will pay, the total non-recurring and
recurring charges for the NNI port. BellSouth will then
invoice, and DeltaCom will pay, an amount determined as
follows: DeltaCom's combined interLATA and local usage will
be calculated by subtracting one-half of DeltaCom's PLCU factor
from one hundred percent. The difference will then be
multiplied by the total charges intially billed by DeltaCom for
the NNI port. BellSouth will then invoice, and BeltaCom will
pay, this amount to BellSouth.
A.5 A Permanent Virtual Circuit ("PVC") is a logical channel from a frame
relay network interface (e.g., NNI or User Network Interface) to another frame
relay network interface. A PVC is created when a Data Link Channel Identifier
("DLCI") is mapped together with another DLCI. Neither Party will charge the
other Party any DLCI or Committed Information Rate ("CIR") charges for the PVC
from its Frame Relay switch to its own subscriber's premises.
A.6 For the PVC between the DeltaCom and BellSouth Frame Relay switches,
compensation for the DLCI and CIR charges are based upon the rates in the
BellSouth FCC Tariff No. 1. Compensation for PVC and CIR rate elements shall be
calculated as follows:
For PVCs between the Xxxx South Frame Relay switch and the DeltaCom Frame Relay
switch, BellSouth will invoice, and DeltaCom will pay, the total non-recurring
and recurring DLCI an CIR charges. If the VC is a Local VC, DeltaCom will
invoice and BellSouth will pay, 100% of the DLCI and CIR charges initially
billed by BellSouth for that PVC. If the VC is not local, no compensation will
be paid to DeltaCom for the PVC.
A.6.2 Each Party will compensate the other Party for any applicable
Feature Change or Transfer of Service Charges as set forth in
BellSouth's Tariff F.C.C. No. 1.A.6.3. The Parties agree to
limit the sum of the CIR for the VCs on a given NNI port to
not more than two times the port speed.
A.7 Except as expressly provided herein, this Agreement does not address
or alter in any way either Party's provision of Exchange Access Frame Relay
Service or interLATA Frame Relay Service. All charges by each Party to
Page 3 of 4
Exhibit A
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Attachment G
the other for carriage of Exchange Access Frame Relay Service or interLATA Frame
Relay Service are included in the BellSouth access tariffs.
A.8 Until such time as BellSouth obtains authority to provide in-
region, interLATA service, DeltaCom will identify and report its PLCU to
BellSouth on a quarterly basis.
A.9 Either Party may request a review or audit of the various service
components, including but not limited to a Party's determination of its PLCU,
consistent with the provisions of section E2 of the BellSouth State Access
Services tariffs or Section 2 of the BellSouth FCC No.1 Tariff.
A.10 If during the term of this Agreement, BellSouth obtains authority
to provide in-region, interLATA service, the Parties shall renegotiate the
provisions of A.2, A.4, A.6 and A.8 to account for BellSouth's PLCU. In the
event the parties are unable to reach agreement within one hundred eighty (180)
days of the date BellSouth receives interLATA authority, the matter shall be
resolved pursuant to the dispute resolution provisions set forth in the
Interconnection Agreement.
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