CODETEL [LOGO] Apartado 1377 Santo Domingo, Republica Dominicana
CODETEL [LOGO] Xxxxxxxx 0000
Xxxxx Xxxxxxx,
Xxxxxxxxx Dominicana
July 29th, 1997
To: ANTILLAS I C&MA Parties
Subject: ANTILLAS I Second Supplementary Agreement
------------------------------------------------------------
Dear sirs,
I Xxxxxx Xxxxx, Manager of International Facilities of CODETEL, hereby certify
that the enclosed document is an exact copy of the original document of the
Second Supplementary Agreement of the Construction & Maintenance Agreement
(C&MA) for the ANTILLAS I Cable System, signed on February 13th, 1997.
Signed,
/s/ Xxxxxx Xxxxx
Xxxxxx Xxxxx
Date: 7/29/97
SECOND SUPPLEMENTARY AGREEMENT
TO
ANTILLAS I CONSTRUCTION & MAINTENANCE AGREEMENT
This Second Supplementary Agreement is made and entered into this 13th. day of
February, 1997 between the Signatories hereto.
WHEREAS the ANTILLAS I Construction & Maintenance Agreement ("C&MA") was
executed on January 10th, 1996, and
WHEREAS, five (5) additional carriers desire to become Parties to the C&MA and
the existing Parties to the C&MA agree to the admission of such carriers as
Parties,
WHEREAS, Paragraph 25 of the C&MA stipulates that AT&T, CODETEL and TLDI are
authorized to act as representatives of all the Parties to execute Supplementary
Agreements subject to Paragraph 23 (Admission of Additional Parties) and such
Supplementary Agreements shall be signed only by AT&T, CODETEL, TLDI, the newly
admitted Party and any Party to have Capacity with the newly admitted Party.
NOW THEREFORE, the undersigned Parties, in consideration of the mutual
convenants herein expressed, convent and agree with each other as follows:
1. The existing Attachment 1 and Schedules X, X, X-0, X-0, X-0, X-0 and D-3
(each said Schedules being dated August, 1st, 1996) are deleted and Attachment
1, Schedules X, X, X-0, X-0, X-0, X-0 and D-3 each dated February 1 3th, 1997
attached hereto are substituted therefore.
1
2. SPRINT COMMUNICATIONS COMPANY L.P., IDB Wordlcom Services Inc., ANTELECOM
N.V., Servicio di Telecomunicacion di Aruba, and Cable & Wireless Public Limited
Company are each admitted as Additional Parties to the C&MA. Pursuant to
Paragraph 23.1 of the C&MA, SPRINT COMMUNICATIONS COMPANY L.P., IDB Wordlcom
Services Inc., ANTELECOM N.V., Servicio di Telecomunicacion di Aruba, and Cable
& Wireless Public Limited Company each agree to acquire an investment share
corresponding to the quantity of MIU's to meet each of their respective needs
for the ANTILLAS I Cable System at least through the year 2006. SPRINT
COMMUNICATIONS COMPANY L.P., IDB Wordlcom Services Inc., ANTELECOM N.V.,
Servicio di Telecomunicacion di Anuba, and Cable & Wireless Public Limited
Company each agree to make payments required by Paragraph 23.1 (iii) of the C&MA
and each agrees to accept the terms and conditions of the C&MA and the prior
decisions taken by the Parties in relation to the ANTILLAS I Cable System as
provided in Paragraph 23.1 (iv) of the C&MA.
3. Except as expressly provided herein, the C&MA shall continue in full force
and effect.
IN WITNESS HEREOF, the Parties have executed this Supplementary Agreement on the
date first above noted by their respective duly authorized officers.
All America Cables & Radio Inc.- Dominican Republic
By: /s/ Xxxx xx Xxxxx Costa
ANTELECOM N.V.:
By: /s/ ILLEGIBLE
AT&T Corp.
By: /s/ Xxxx Xxxxxxxx
Cable & Wireless, Public Limited Company
By: /s/ ILLEGIBLE
2
Compania Dominicana de Telefonos, C. por A.
By: /s/ Xxxxx Xxxx
IDB Wordlcom Services Inc.
By: /s/ ILLEGIBLE
Servicio di Telecomunicacion di Aruba (SETAR)
By: /s/ Xxxxxx Xxxxx
Sprint Communications Company L.P.
By: /s/ ILLEGILE
Telefonica Larga Distancia de Puerto, Inc.
By: /s/ ILLEGIBLE
Telepuerto San Isidro, S.A.
By: /s/ ILLEGIBLE
3
Schedule A
ANTILLAS I CABLE SYSTEM
SCHEDULE A
PARTIES TO THE AGREEMENT
All America Cables & Radio, Inc.- Dominican Republic, an entity organized and
existing under the laws of the British Virgin Islands and having its principal
office at Xxxxxx Xxxxxxx Xx. 00, Xxxxxx, Xxxxx Xxxxxxx, Xxxxxxxxx Xxxxxxxx
(herein called "AAC&R" which expression shall include its successors).
ANTELECOM N.V., Limited liability company established within the laws of the
Netherlands Antilles with its headquarters located at Xxxxxxxxxxxxx 00, Xxxxxxx,
Xxxxxxxxxxx Antilles (herein after called "Antelecom" which expression shall
include its successors).
AT&T Corp., a corporation organized and existing under the laws of the State of
New York and having its principal office at 000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx,
Xxx Xxxxxx, Xxxxxx Xxxxxx of America (herein called "AT&T" which expression
shall include its successors).
AT&T of Puerto Rico, Inc., a corporation organized and existing under the laws
of the State of New York, and having an office at 000 Xxxxx xx Xxxx Xxxxxx, Xxx
Xxxx Xxxxxx Xxxx, Xxxxxx Xxxxxx of America (herein called "AT&T-PR" which
expression shall include its successors).
Cable & Wireless, Public Limited Company, a company incorporated and existing
under the laws of England, and having its registered office at 000 Xxxxxxxxx
Xxxx, Xxxxxx, XX0X 0XX (herein called "C&W PLC" which expression shall include
its successors).
Cleartel Communications, Inc., a company organized under the laws of the
District of Columbia, and having its physical address at 0000 00xx. Xxxxxx X.X.
Xxxxxxxxxx, X.X. 00000 (herein called "CLEARTEL" which expression shall include
its successors).
Compania Anonima Nacional Telefonos de Venezuela a corporation organized and
existing under the laws of Venezuela and having its principal office at Avenida
Libertador, Edificio Administrativo, Caracas, Venezuela (herein called "CANTV"
which expression shall include its successors).
Compania Dominicana de Telefonos, C. por A., an entity organized and existing
under the laws of the Dominican Republic and having its principal office at Ave.
Xxxxxxx Xxxxxxx Xx. 0000, Xxxxx Xxxxxxx, Xxxxxxxxx Xxxxxxxx (herein called
"CODETEL" which expression shall include its successors)
4
DOMTEL Communications, Inc., a corporation organized and existing under the laws
of the State of Delaware, United States, and having its principal office at Ave.
Lope de Xxxx Xx. 00, Xxxxx Xxxxxxx, Xxxxxxxxx Xxxxxxxx (herein called "DOMTEL"
which expression shall include its successors)
GTE Hawaiian Telephone Company Incorporated, a corporation organized under the
laws of the Kingdom of Hawaii and existing under the laws of the State of Hawaii
and having its principal office at 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Xxxxxx, Xxxxxx
Xxxxxx of America (herein called "HTC" which expression shall include its
successors)
IDB Worldcom Services Inc., a corporation organized and existing under the laws
of the State of Delaware and having an office at 000 Xxxxxxx Xxxxxx, Xxx Xxxx
00000, Xxxxxx Xxxxxx of America (herein called Wordlcom or WCOM which expression
shall include its successors).
International Telecommunication Corporation (ITC), a corporation organized and
existing under the laws of the State of Delaware and having its principal
offices at 000 Xxxx Xxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000 and at 000 X. Xxxxxxx
Xxxxx Xxxx, Xxxxx 000, Xxxx Xxxxxxxxxx, Xx 00000, Xxxxxx Xxxxxx of America
(herein called "ITC" which expression shall include its successors)
MCI International, Inc., a corporation organized and existing under the laws of
the State of Delaware and having its principal office at 0 Xxxxxxxxxxxxx Xxxxx,
Xxx Xxxxx, Xxx Xxxx, Xxxxxx Xxxxxx of America (herein called "MCII" which
expression shall include its successors) for the use of its wholly owned or
otherwise affiliated authorized international carriers.
Pacific Gateway Exchange, a Delaware corporation, having its office at 000
Xxxxxxx Xxxxxxxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxxxx 00000, Xxxxxx Xxxxxx of
America (herein called "PGE" which expression shall include its successors).
Servicio di Telecomunicacion di Aruba, a legal entity sui generis, established
under the laws of Aruba, and having its office at the Administration Building in
Xxxxx Xxxxxx (herein called "SETAR" which expression shall include its
successors).
Sprint Communications Company L.P., a company having its office at 0000 Xxxx
Xxxxxxx, Xxxxxx Xxxx, Xxxxxxxx, 00000 Xxxxxx Xxxxxx (hereinafter called "SPRINT"
which expression shall include its successors)
Telecom Italia S.p.A., a corporation organized and existing under the laws of
Italy, and having its principal office at Xxx X. Xxxxxxxx, 00 Xxxxxx, Xxxxx
(herein called "Telecom Italia" or "TI" which expression shall include its
successors)
Telecomunicaciones Ultramarinas de Puerto Rico, an entity organized and existing
under the laws of the Commonwealth of Puerto Rico and having its principal
office at 000 Xxxxx Xx Xxxx Xxxxxx, 0xx. Xxxxx, Xxx Xxxx, Xxxxxx Xxxx 00000
(herein called "TUPR" which expression shall include its successors).
5
Telecommunications D'Haiti X.X.X. a company organized and existing under the
laws of Haiti, and having its principal office at Angle Xxx Xxxxxxx Et Rue
Xxxxxx Xxxxxx Xxxx BP814, Port au Prince, Haiti (herein called "TELECO" which
expression shall include its successors).
Telefonica de Espana, S.A. a corporation organized and existing under the law of
Spain and having its principal office at Xxxx Xxx 00, Xxxxxx, Xxxxx (herein
called "TLFN" which expression shall include its successors).
Telefonica Larga Distancia de Puerto Rico Inc. an entity organized and existing
under the law of the Commonwealth of Puerto Rico and having its principal office
at Metro Xxxxxx Xxxx, Xxxxxxxx Xx. 0, Xxxxxx Xxxxx, Xxxxxxxx, Xxxxxx Xxxx 00000
(herein called "TLDI" which expression shall include its successors).
Teleglobe Canada Inc. a Canada business corporation, having registered office at
0000 xx Xx Xxxxxxxxxxx Xxxxxx West, in the City of Xxxxxxxx, Xxxxxx, Xxxxxx X0X
0x0 (herein called "TLGB" which expression shall include its successors).
Telepuerto San Xxxxxx X.X. an entity organized and existing under the laws of
the Dominican Republic and having its principal office at Lope de Xxxx Xx. 00,
Xxxxx Xxxxxxx, Xxxxxxxxx Xxxxxxxx (herein called "TRICOM" which expression shall
include its successors).
The St. Xxxxxx and San Xxxx Telephone Company Inc., an entity organized and
existing under the laws of the U.S. Virgin Islands and having its principal
office at 000 Xxxxxx - Xxxxxxxx 0xx Xxxxx, Xxxxxxxxx Amalie, X.x. 00803-1915,
St. Xxxxxx, U.S. Virgin Islands (herein called "STSJ/TRESCOM") which expression
shall include its successors).
Transoceanic Communications, Incorporated, a corporation organized existing
under the laws of the State of Delaware and having an office at 000 Xxxxx Xxxxxx
Xxxxxx, Xxxxxxxxxx, Xxx Xxxxxx 00000 U.S.A (herein called "TRANSOCEANIC" which
expression shall include its successors).
6
ANTILLAS I CABLE SYSTEM
SCHEDULE D-1
CAPACITY ASSIGMENTS IN MIUs
IN SEGMENT D-1
(One fiber pair between BU and Subsegment C-1)
MIUs
Jointly Wholly Half
AAC&R CODETEL TRICOM TELECO TOTAL Assigned Assigned Interests
AAC&R 0 0 0 0 0 AAC&R 4 1 6
AT&T 2 17 5 3 27 AT&T 27 8 43
CODETEL 0 0 0 0 0 CODETEL 50 9 68
DOMTEL 0 0 1 0 1 DOMTEL 1 0 1
MCII 0 16 0 2 18 MCII 18 0 18
TELECO 0 0 0 0 0 TELECO 5 1 7
TRESCOM 0 1 1 0 2 TRESCOM 2 0 2
TI 1 1 0 0 2 TI 2 0 2
TLFN 0 2 0 0 2 TLFN 2 0 2
TRICOM 0 0 0 0 0 TRICOM 15 7 29
TUPR 0 0 0 0 0 TUPR 0 0 0
ITC 0 3 0 0 3 ITC 3 0 3
SPRINT 1 6 5 0 12 SPRINT 12 0 12
WCOM 0 4 3 0 7 WCOM 7 0 7
C&W 0 0 0 0 0 C&W 0 1 2
TOTAL 4 50 15 5 74 TOTAL 148 27 202
MIUs Wholly Assigned
AT&T 8 Total MIUs
CODETEL 9 101
TRICOM 7
AAC&R 1
TELECO 1
C&W 1
TOTAL 27 February 13th, 1997
ANTILLAS I CABLE SYSTEM
SCHEDULE D-1
CAPACITY ASSIGMENTS IN MIUs
IN SEGMENT D-1
(One fiber pair between BU and Subsegment C-2)
MIUs
Jointly Wholly Half
AAC&R CODETEL TRICOM TELECO TOTAL Assigned Assigned Interests
CANTV 0 2 0 0 2 CANTV 2 0 2
CLEARTEL 0 1 0 0 1 CLEARTEL 1 0 1
CODETEL 0 0 0 0 0 CODETEL 45 9 63
DOMTEL 0 0 1 0 1 DOMTEL 1 0 1
MCII 0 0 2 0 2 MCII 2 0 2
PGE 0 5 0 0 5 PGE 5 0 5
TLGB 0 1 0 0 1 TLGB 1 0 1
XXXX 0 00 0 0 00 XXXX 26 0 26
TRICOM 0 0 0 0 0 TRICOM 15 l3 41
TUPR 0 2 2 0 4 TUPR 4 1 6
ITC 0 4 0 0 4 ITC 4 1 6
HTC 0 1 0 0 1 HTC 1 0 1
SPRINt 0 6 5 0 11 SPRINT 11 0 11
ANTELECOM 0 1 0 0 1 ANTELECOM 1 0 1
SETAR 0 1 0 0 1 SETAR 1 0 1
C&W 0 0 0 0 0 C&W 0 1 2
TOTAL 0 45 15 0 60 TOTAL 120 25 170
MIUs Wholly Assigned
ITC 1 Total MIUs
CODETEL 9 85
TRICOM 13
TUPR 1
C&W 1
TOTAL 25 February 13th, 1997
SCHEDULE D-1
CAPACITY ASSIGMENTS IN MlUs
IN SEGMENT D-1
(Total of two fiber pairs between BU and Segment C)
MIUs
Jointly Wholly Half
AAC&R CODETEL TRICOM TELECO TOTAL Assigned Assigned Interests
AAC&R 0 0 0 0 0 AAC&R 4 1 6
AT&T 2 17 5 3 27 AT&T 27 8 43
CANTV 0 2 0 0 2 CANTV 2 2
CLEARTEL 0 1 0 0 1 CLEARTEL 1 1
CODETEL 0 0 0 0 0 CODETEL 95 18 131
DOMTEL 0 0 2 0 2 DOMTEL 2 2
MCII 0 16 2 2 20 MCII 20 20
PGE 0 5 0 0 5 PGE 5 5
TELECO 0 0 0 0 0 TELECO 5 1 7
TRESCOM 0 1 1 0 2 TRESCOM 2 2
TI 1 1 0 0 2 TI 2 2
TLFN 0 2 0 0 2 TLFN 2 2
TLGB 0 1 0 0 1 TLGB 1 1
XXXX 0 00 0 0 00 XXXX 26 26
TRICOM 0 0 0 0 0 TRICOM 30 20 70
TUPR 0 2 2 0 4 TUPR 4 1 6
ITC 0 7 0 0 7 ITC 7 1 9
HTC 1 7 5 0 13 HTC 1 1
SPRINT 0 10 8 0 18 SPRINT 23 23
WCOM 0 0 0 0 0 WCOM 7 7
ANTELECOM 0 1 0 0 1 ANTELECOM 1 1
SETAR 0 1 0 0 1 SETAR 1 1
C&W 0 0 0 0 0 C&W 0 2 4
TOTAL 4 95 30 5 134 TOTAL 268 52 372
MIUs Wholly Assigned
AT&T 8 Total MIUs
CODETEL 18 186
TRICOM 20
TUPR 1
ITC 1
AAC&R 1
TELECO 1
C&W 2
TOTAL 52 February 13th, 1997
ANTILLAS I CABLE SYSTEM
SCHEDULE D-2
CAPACITY ASSIGMENTS IN MIUs
IN SEGMENT D-2
(between BU and Miramar)
MIUs
Jointly Wholly Half
AAC&R CODETEL TRICOM TELECO TOTAL Assigned Assigned Interests
AAC&R 0 0 0 0 0 AAC&R 4 1 6
AT&T 2 17 5 3 27 AT&T 27 8 43
CODETEL 0 0 0 0 0 CODETEL 50 9 68
DOMTEL 0 0 1 0 1 DOMTEL 1 0 1
MCII 0 16 0 2 18 MCII 18 0 18
TELECO 0 0 0 0 0 TELECO 5 1 7
TRESCOM 0 1 1 0 2 TRESCOM 2 0 2
TI 1 1 0 0 2 TI 2 0 2
TLFN 0 2 0 0 2 TLFN 2 0 2
TRICOM 0 0 0 0 0 TRICOM 15 7 29
ITC 0 3 0 0 3 ITC 3 0 3
SPRINT 1 6 5 0 12 SPRINT 12 0 12
WCOM 0 4 3 0 7 WCOM 7 0 7
C&W 0 0 0 0 0 C&W 0 1 2
TOTAL 4 50 15 5 74 TOTAL 148 27 202
MIUs Wholly Assigned
AT&T 8 Total MIUs
CODETEL 9 101
TRICOM 7
AAC&R 1
TELECO 1
C&W 1
TOTAL 27 February 13th, 1997
ANTILLAS I CABLE SYSTEM
SCHEDULE D-3
CAPACITY ASSIGMENTS IN MIUs
IN SEGMENT D-3
(between BU and Isla Verde)
MIUs
Jointly Wholly Half
AAC&R CODETEL TRICOM TELECO TOTAL Assigned Assigned Interests
CANTV 0 2 0 0 2 CANTV 2 0 2
CLEARTEL 0 1 0 0 1 CLEARTEL 1 0 1
CODETEL 0 0 0 0 0 CODETEL 45 9 63
DOMTEL 0 0 1 0 1 DOMTEL 1 0 1
MCII 0 0 2 0 2 MCII 2 0 2
PGE 0 5 0 0 5 PGE 5 0 5
TLGB 0 1 0 0 1 TLGB 1 0 1
XXXX 0 00 0 0 00 XXXX 26 0 26
TRICOM 0 0 0 0 0 TRICOM 15 13 41
TUPR 0 2 2 0 4 TUPR 4 1 6
ITC 0 4 0 0 4 ITC 4 1 6
HTC 0 1 0 0 1 HTC 1 0 1
SPRINT 0 6 5 0 11 SPRINT 11 0 11
ANTELECOM 0 1 0 0 1 ANTELECOM 1 0 1
SETAR 0 1 0 0 1 SETAR 1 0 1
C&W 0 0 0 0 0 C&W 0 1 2
TOTAL 0 45 15 0 60 TOTAL 120 25 170
MIUs Wholly Assigned
ITC 1 Total MIUs
CODETEL 9 85
TRICOM 13
TUPR 1
C&W 1
TOTAL 25 February 13th, 1997
