EXHIBIT 10.35.2
FOURTH AMENDMENT
TO
INTERCONNECTION AGREEMENT BETWEEN
DELTACOM, INC. AND
BELLSOUTH TELECOMMUNICATIONS, INC.
DATED MARCH 12, 1997
Pursuant to this Agreement (the "Fourth 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. The Parties agree to delete in its entirety Section VIII(B) of the
Interconnection Agreement and substitute the following Section VIII(B).
For originating and terminating interexchange toll traffic, each Party
shall pay the other Party's tariffed switched network access service
rate elements on a per minute of use basis. Said rate elements shall
be as set out in the Parties' respective access services tariffs as
those tariffs are amended from time to time during the term of this
Agreement. The appropriate charges will be determined by the routing
of the call. If DeltaCom is the BellSouth end user's presubscribed
interexchange carrier or if the BellSouth end user uses DeltaCom as an
interexchange carrier on a 10XXX basis, BellSouth will charge DeltaCom
the appropriate tariff charges for originating network access
services. If BellSouth is serving as the DeltaCom end user's
presubscribed interexchange carrier or if the DeltaCom end user uses
BellSouth as an interexchange carrier on a 10XXX basis, DeltaCom will
charge BellSouth the appropriate BellSouth tariff charges for
originating network access services. However, in states where
DeltaCom has an effective access services tariff, the Parties agree
that DeltaCom will charge BellSouth the appropriate DeltaCom tariff
charges for originating network access services.
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2. Except for Operator Provided Call Handling service provided by
BellSouth in Alabama, Georgia and Kentucky, the Parties agree to amend
Attachment C-10 of the Interconnection Agreement to include a rate of $1.17 per
work minute for Operator Provided Call Handling.
3. The Parties agree to delete in its entirety Section VI(B) of the
Interconnection Agreement and substitute the following Section VI(B):
With the exception of the local traffic specifically identified in
subsection (C) hereafter, each party agrees to terminate local traffic
originated and routed to it by the other party. Each Party will pay
the other for terminating its local traffic on the other's network the
local interconnection rate of $.009 per minute of use in all states.
Each Party will report to the other a Percent Local Usage ("PLU") and
the application of the PLU will determine the amount of local minutes
to be billed to the other party. Until such time as actual usage data
is available, the parties agree to utilize a mutually acceptable
surrogate for the PLU factor. For purposes of developing the PLU,
each party shall consider every local call and every long distance
call. Effective on the first of January, April, July and October of
each year, the parties shall update their PLU.
4. The Parties agree to delete in its entirety Section VI(C) of the
Interconnection Agreement and substitute the following Section VI(C):
If either party provides intermediary tandem switching and transport
services for the other party's connection of its end user to a local
end user of: (1) a CLEC other than DeltaCom; (2) an ILEC other than
BellSouth; or (3) another telecommunications company such as a
wireless telecommunications service provider, the party performing the
intermediary function will xxxx a $0.0015 per minute charge. However,
BellSouth agrees that DeltaCom may cross-connect directly to such
third Parties at the POI. In such an event, tariffed cross-connection
non-recurring charges will apply, and no transiting charge will apply.
5. Except for Number Services Intercept Access Service provided by
BellSouth in the state of Georgia, the Parties agree to amend Attachment C-11 of
the Interconnection Agreement to delete the rate of $0.30 per intercept query
and replace said rate with a rate of $0.25 per intercept query.
6. The Parties agree to amend the Interconnection Agreement to include
Attachment 1 to this Amendment and incorporated herein by this reference.
7. Amendment 1 to the Interconnection Agreement relating to resale,
executed on March 12, 1997, is deleted in its entirety and replaced with
Attachment 2, attached hereto and incorporated herein by this reference.
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8. The Parties agree that all of the other provisions of the
Interconnection Agreement shall remain in full force and effect.
9. The Parties further agree that either or both of the Parties is
authorized to submit this Amendment to the appropriate state public service
commission or other regulatory body having jurisdiction over the subject matter
of this Amendment, for approval subject to Section 252(e) of the federal
Telecommunications Act of 1996.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed by their respective duly authorized representatives and made effective
on the date indicated below.
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DELTACOM, INC. BELLSOUTH TELECOMMUNICATIONS,
INC.
By: /s/ Xxx Xxxxxx By: /s/ Xxxxx Xxxxxxx
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DATE: August 13, 1997 DATE: August 22, 1997
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