Amendment to Interconnection Agreement Between Southwestern Bell Telephone Company and Birch Telecom of Kansas, Inc.
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This amendment updates the Interconnection Agreement between Southwestern Bell Telephone Company and Birch Telecom of Kansas, Inc. to incorporate new pricing terms set by the Kansas Corporation Commission, replacing previous interim rates. The amendment also outlines procedures if regulatory or legal changes affect the agreement, allowing either party to request modifications. All other terms of the original agreement remain unchanged, and the amendment does not extend the agreement's term. Both parties reaffirm their rights and obligations under the original contract.
EX-10.55 6 a2056170zex-10_55.txt EXHIBIT 10.55 EXHIBIT 10.55 AMENDMENT TO INTERCONNECTION AGREEMENT BETWEEN SOUTHWESTERN BELL TELEPHONE COMPANY AND BIRCH TELECOM OF KANSAS, INC. The Interconnection Agreement ("the Agreement") effective October 18, 2000, by and between Southwestern Bell Telephone Company ("SWBT") and Birch Telecom of Kansas, Inc. ("CLEC") (jointly referred to as "the Parties"), shall be amended as follows: (1) The Parties hereby amend the Agreement to add an Amended Appendix Pricing, which is attached hereto as Exhibit "A" and incorporated herein by reference, to incorporate certain rates, terms and/or conditions into this Interconnection Agreement which reflects certain rates, terms and/or conditions established by the Kansas Corporation Commission ("KCC") in Docket No. 97-SCCC-149-GIT to replace certain rates designated as "interim" in the Agreement. SWBT will calculate and apply to CLEC's bill any applicable credits or charges due CLEC consistent with the KCC's December 21, 2000 Decision in Docket No. 97-SCCC-149-GIT. This Amended Appendix Pricing shall supersede all of the rates designated as "interim" in the Agreement and any and all references to interim rates in the Agreement shall be deleted from such Agreement by way of this Amendment. (2) The Parties acknowledge and agree that in the event that any of the rates, terms and/or conditions herein, or any of the laws or regulations that were the basis or rationale for such rates, terms and/or conditions in the Agreement, are invalidated, modified or stayed by any action of any state or federal regulatory or legislative bodies or courts of competent jurisdiction, including but not limited to any decision by the Eighth Circuit relating to any of the costing/pricing rules adopted by the FCC in its First Report and Order, IN RE: IMPLEMENTATION OF THE LOCAL COMPETITION PROVISIONS IN THE TELECOMMUNICATIONS ACT OF 1996, 11 FCC Rcd 15499 (1996)(e.g., Section 51.501, et seq.), upon review and remand from the United States Supreme Court, in AT&T CORP. V. IOWA UTILITIES BD., 119 S. Ct. 721 (1999) or AMERITECH V. FCC, No. 98-1381, 1999 WL 116994, 1999 Lexis 3671 (June 1, 1999), the affected provision shall be immediately invalidated, modified, or stayed, consistent with the action of the legislative body, court, or regulatory agency upon the written request of either Party. In such event, the Parties shall expend diligent efforts to arrive at an agreement regarding the appropriate conforming modifications to the Agreement. If negotiations fail, disputes between the Parties concerning the interpretation of the actions required or provisions affected by such governmental actions shall be resolved pursuant to the dispute resolution process provided for in this Agreement. The Parties acknowledge and agree that by executing this Amendment, neither Party waives any of its rights, remedies, or arguments with respect to such decisions and any remand thereof, including its right to seek legal review or a stay pending appeal of such decisions or its rights under this paragraph and the Intervening Law language in the Agreement. (3) This Amendment shall not modify or extend the Effective Date or Term of the underlying Agreement, but rather, shall be coterminous with such Agreement. EXCEPT AS MODIFIED HEREIN, ALL OTHER TERMS AND CONDITIONS IN THE UNDERLYING AGREEMENT REMAIN UNCHANGED, and all such terms and conditions are hereby incorporated by reference and the Parties hereby reaffirm the terms and provisions thereof. 2 This Amendment to Interconnection Agreement was exchanged in triplicate on this ______ day of _______________________________, 2001, by SWBT, signing by and through its duly authorized representative, and CLEC, signing by and through its duly authorized representative. BIRCH TELECOM OF KANSAS, INC. *SOUTHWESTERN BELL TELEPHONE COMPANY BY: SBC TELECOMMUNICATIONS, INC., ITS AUTHORIZED AGENT Signature: /s/ JOHN IVANUSKA Signature: /S/ O.R. STANLEY ------------------------------ --------------------------- Name: JOHN IVANUSKA Name: O.R. STANLEY ----------------------------------- --------------------------------- (Print or Type) Title: VP-Regulatory & Carrier Relations Title: PRESIDENT-INDUSTRY MARKETS ---------------------------------- ------------------------------- (Print or Type) Date: 3/28/01 Date: March 26, 2001 ----------------------------------- -------------------------------- AECN/OCN # 8856 ----------------------------- (Facility Based - if applicable) *On January 25, 1999, the United States Supreme Court issued its opinion in AT&T CORP. V. IOWA UTILITIES BOARD, 119 S. Ct. 721 (1999) and on June 1, 1999, the United States Supreme Court issued its opinion in AMERITECH V. FCC, No. 98-1381, 1999 WL 116994, 1999 Lexis 3671 (June 1, 1999). In addition, on November 5, 1999, the FCC issued its Third Report and Order and Fourth Further Notice of Proposed Rulemaking in CC Docket No. 96-96 (FCC 99-238), including the FCC's Supplemental Order issued IN THE MATTER OF THE LOCAL COMPETITION PROVISIONS OF THE TELECOMMUNICATIONS ACT OF 1996, in CC Docket No. 96-98 (FCC 99-370) (rel. November 24, 1999), portions of which become effective thirty (30) days following publication of such Order in the Federal Register (February 17, 2000) and other portions of which become effective 120 days following publication of such Order in the Federal Register (May 17, 2000). By executing this amendment SWBT does not waive any of its rights, remedies or arguments with respect to such decisions and any remands thereof, including its right to seek legal review or a stay of such decisions, or its rights under Sections 3.1 of the Interconnection Agreement between Birch Telecom of Kansas, Inc. and SWBT. 3 EXHIBIT A NN = Not Negotiated Appendix Pricing Schedule of Prices Effective Date: 10/18/00 SOUTHWESTERN BELL TELEPHONE COMPANY/BIRCH TELECOM OF KANSAS, INC. KANSAS
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