Exhibit 10.62


AMENDMENT NO. 1


to the


INTERCONNECTION AGREEMENT


between


VERIZON NEW JERSEY INC.

f/k/a BELL ATLANTIC – NEW JERSEY, INC.


and


RNK, INC. D/B/A RNK TELECOM


          This
Amendment No. 1 (the “Amendment”) is made by and between Verizon New Jersey Inc., f/k/a Bell Atlantic – New
Jersey, Inc. (“Verizon”), a New Jersey corporation with offices at 540 Broad Street, Newark, NJ 07102, and
RNK, Inc. d/b/a RNK Telecom, a corporation with offices at 333 Elm Street,
Suite 310, Dedham, MA 02026 (“RNK”), and, except as otherwise expressly
provided herein with respect to particular provisions hereof, shall be deemed
effective on March 27, 2006 (the “Amendment Effective Date”). Verizon and RNK
are hereinafter referred to collectively as the “Parties” and individually as a
“Party”. This Amendment covers services in Verizon’s service territory in the
State of New Jersey (the “State”).


WITNESSETH:


          WHEREAS, pursuant to an adoption letter
dated April 29, 2005 (the “Adoption Letter”), RNK adopted in the State of New
Jersey, the interconnection agreement between Sprint Communications Company
L.P. and Verizon (such Adoption Letter and underlying adopted interconnection
agreement referred to herein collectively as the “Agreement”); and


          WHEREAS, the Federal Communications
Commission (the “FCC”) released an order on August 21, 2003 in CC Docket Nos.
01-338, 96-98, and 98-147 (the “Triennial Review Order” or “TRO”), which became
effective as of October 2, 2003; and


          WHEREAS, on March 2, 2004, the U.S. Court
of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) issued a
decision affirming in part and vacating in part the TRO (the “D.C. Circuit
Decision”), which became effective as of June 15, 2004; and


          WHEREAS, on August 20, 2004, the FCC
released an Order in WC Docket No. 04-313 and CC Docket No. 01-338 (the
“Interim Rules Order”), which became effective as of September 13, 2004; and


          WHEREAS, on February 4, 2005, the FCC
released an Order on Remand in WC Docket No. 04-313 and CC Docket No. 01-338
(the “TRRO”) setting forth additional rules, which became effective March 11,
2005; and


          WHEREAS, on December 1, 2005 the Arbitrator
assigned by the New Jersey Board of Public Utilities (the “Board”) to combined
dockets numbered TO05050418, TO05070606, TO05060551 and TO05060552 (the
“Arbitrator”) issued his Recommended Decision regarding provisions to be
contained in amendments to certain interconnection agreements with respect to
the TRO and the TRRO;


          WHEREAS, on January 3, 2006, the Arbitrator
issued his Decision on Exceptions;


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          WHEREAS, on February 3, 2006, the
Arbitrator issued an order with an attached amendment reflecting his rulings,
and required parties to submit a fully executed amendment to the Board on
February 10, 2006 for Board approval; and


          WHEREAS, the Board, by order dated March
27, 2006 in the above-referenced combined dockets (the “Board Order”), accepted
the foregoing amendment with certain modifications described in the Board
Order, and required the parties to re-execute and re-file the amendment as
modified; and 


          WHEREAS,
the Adoption Letter provides that the Parties shall execute an amendment to
Agreement to memorialize that the
Agreement is amended by the terms of the arbitrated amendment resulting from
the foregoing arbitration proceeding; 


          WHEREAS, in light of the foregoing
developments, the Parties, pursuant to Sections 252(a) and (b) of the
Communications Act of 1934, as amended, (the “Act”), wish to amend the
Agreement in order to comply with the applicable rulings set forth in the
Arbitration Order and to give contractual effect to the provisions set forth
herein; 


          NOW,
THEREFORE, in consideration of the promises and mutual agreements set forth
herein, the Parties agree to amend the Agreement as follows:


	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 Amendment to
 Agreement. The Agreement is amended to include the following provisions and
 certain language which are contained in the Pricing Attachment to the TRO
 Amendment attached hereto, all of which shall apply to and be a part of the
 Agreement notwithstanding any other provision of the Agreement or a Verizon
 tariff or a Verizon Statement of Generally Available Terms and Conditions
 (“SGAT”).

 
	
  

 	
  

 
	
 2.

 	
 General Conditions.

 
	
  

 	
  

 
	
  

 	
 2.1

 	
 Except as
 permitted by the Amended Agreement or the Federal Unbundling Rules, as that
 term is defined in this Amendment, Verizon shall not impose limitations,
 restrictions, or requirements on requests for, or the use of, unbundled
 network elements for the service RNK seeks to offer.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.2

 	
 Notwithstanding
 any other provision of the Agreement, this Amendment, or any Verizon tariff
 or SGAT: (a) Verizon shall be obligated to provide access to unbundled
 Network Elements (“UNEs”), combinations of unbundled Network Elements
 (“Combinations”), or UNEs commingled with wholesale services (“Commingling”)
 to RNK under the terms of this Amendment in accordance with, but only to the
 extent required by, the Federal Unbundling Rules and (b) Verizon may decline
 to provide access to UNEs, Combinations, or Commingling to RNK under the
 terms of this Amendment to the extent that provision of access to such UNEs,
 Combinations, or Commingling is not required by the Federal Unbundling Rules.
 

 
	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 Restrictions on
 RNK’s Use of UNEs. To the extent Verizon is required to provide a
 UNE, Combination, or Commingling under this Amendment, RNK may use such UNE,
 Combination, or Commingling only for those purposes for which Verizon is
 required by the Federal Unbundling Rules to provide such UNE, Combination, or
 Commingling to RNK. By way of example and without limiting the foregoing, RNK
 may not access a UNE for the exclusive provision of Mobile Wireless Services
 or Interexchange Services.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 Discontinued
 Facilities. Notwithstanding any other provision of the Agreement, this
 Amendment, or any Verizon tariff or SGAT, but subject to the transition
 requirements associated with the TRRO as set forth in Sections 3.4, 3.5, 3.6
 and 3.7 and 3.9 below, Verizon, to the extent it has not already done so
 pursuant to a pre-existing or independent right it may have under the
 Agreement, or otherwise, may, without further

 


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 notice,
 guidelines, or conditions, cease offering or providing access on an unbundled
 basis at rates prescribed under Section 251 of the Act to any facility that
 is a Discontinued Facility, whether as a stand-alone UNE, as part of a
 Combination, or otherwise.

 
	
  

 
	
  

 	
  

 	
 2.4.1

 	
 Where Verizon is
 permitted to cease providing a Discontinued Facility pursuant to Section 2.4
 above and RNK has not submitted an LSR or ASR, as appropriate, to Verizon
 requesting disconnection of the Discontinued Facility and has not separately
 secured from Verizon an alternative arrangement to replace the Discontinued
 Facility, then Verizon, to the extent it has not already done so prior to
 execution of this Amendment, and in its sole discretion, may elect to: (a)
 convert the subject Discontinued Facility to an arrangement available under a
 Verizon access tariff (in which case month-to-month rates shall apply), a
 resale arrangement, or other analogous arrangement that Verizon shall
 identify or has identified in writing to RNK; or (b) in lieu of such a
 conversion, reprice the subject Discontinued Facility by application of a new
 rate (or, in Verizon’s sole discretion, by application of a surcharge) to be
 equivalent to an arrangement available under a Verizon access tariff (at
 month-to-month rates), a resale arrangement, or other analogous arrangement
 that Verizon shall identify or has identified in writing to RNK; provided,
 however, that Verizon may disconnect the subject Discontinued Facility (or
 the replacement service to which the Discontinued Facility has been
 converted) if RNK fails to pay when due any applicable new rate or surcharge
 billed by Verizon.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.2

 	
 With respect to
 facilities that are Discontinued Facilities by operation of the TRO, the
 rates, terms, and conditions of any arrangements described in Section 2.4.1
 above shall apply and be binding upon RNK as of the Amendment Effective Date,
 except to the extent that an earlier effective date applies under any
 provision of the Amended Agreement (including, but not limited to, Section
 2.5 below and Section 3 below), a Verizon tariff, or a separate commercial
 agreement between the Parties.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.5

 	
 Pre-Existing
 Discontinuance Rights. Verizon’s rights as to discontinuance of
 Discontinued Facilities pursuant to this Amendment are in addition to, and
 not in limitation of, any rights Verizon may have under the Agreement as to
 discontinuance of Discontinued Facilities, and nothing contained herein shall
 be construed to prohibit, limit, or delay Verizon’s past or future exercise
 of any pre-existing right it may have under the Agreement to cease providing
 unbundled access to elements and facilities that are or become Discontinued
 Facilities 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.5.1

 	
 Without limiting
 Section 2.5 above, this Amendment itself is not intended to implement future
 changes in law regarding unbundling obligations (whether new affirmative
 unbundling obligations or cessation of existing unbundling obligations);
 provided, however, that, for the avoidance of any doubt, this Section 2.5.1
 shall not be construed to limit Verizon’s rights with respect to: (a)
 discontinuance of UNEs at wire centers (or on routes) that in the future
 become non-impaired based on the FCC’s criteria referenced in Sections 3.4
 and 3.5 below; (b) discontinuance of any loops or transport that in the
 future exceed the caps set forth in Sections 3.4 and 3.5 below; (c) Verizon’s
 rejection of a RNK order for a TRRO Certification Element without first
 seeking dispute resolution, under Section 3.6.2.4 below; (d) repricing or
 disconnection of Discontinued Facilities at the end of the TRRO transition
 periods as provided for in Section 3.9 below; (e) discontinuance of High
 Capacity EELs that are determined in the future to be non-compliant under
 Section 3.11.2.2 or 3.11.2.8 below, (f) future implementation of any rates or
 charges pursuant to the terms set forth in the Pricing Attachment to this
 Amendment.

 


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 2.6

 	
 Limitation With
 Respect to Replacement Arrangements. Notwithstanding any other provision of the
 Amended Agreement, any negotiations regarding any replacement arrangement or
 other facility or service that Verizon is not required to provide under the
 Federal Unbundling Rules shall be deemed not to have been conducted pursuant
 to the Amended Agreement, 47 U.S.C. § 252(a)(1), or 47 C.F.R. Part 51, and
 shall not be subject to arbitration pursuant to 47 U.S.C. § 252(b). Any
 reference in the Amended Agreement to Verizon’s provision of a facility,
 service, or arrangement that Verizon is not required to provide under the
 Federal Unbundling Rules is solely for the convenience of the Parties and
 shall not be construed to require or permit arbitration pursuant to 47 U.S.C.
 § 252(b). Except to the extent preempted by the Federal Unbundling Rules,
 nothing in this Amendment shall be deemed either to enlarge or to diminish
 any rights or obligations that either Party may have under § 271 of the Act,
 outside of the Amended Agreement pursuant to a separate agreement, tariff or
 otherwise. 

 
	
  

 	
  

 	
  

 
	
 3.

 	
 Verizon’s
 Provision of Certain Network Elements and Related Services.

 
	
  

 	
  

 
	
  

 	
 3.1

 	
 FTTH and FTTC
 Loops.
 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.1.1

 	
 Notwithstanding
 any other provision of the Amended Agreement:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.1.1

 	
 Verizon shall not
 be required to provide unbundled access to any features, functions, or
 capabilities of a FTTH Loop or FTTC Loop used to transmit packetized
 information, and this Section 3.1.1.1 shall apply regardless of the customer
 or class of customer to be served.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.1.2

 	
 Verizon shall not
 be required to build any time division multiplexing (TDM) capability into new
 packet-based networks (including, but not limited to, FTTH Loops and FTTC
 Loops) or into existing packet-based networks ((including, but not limited
 to, FTTH Loops and FTTC Loops) that do not already have TDM capability.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.1.3

 	
 The use or
 existence of a format translation to make packet-based signals compatible
 with time division multiplexing (TDM) customer premises equipment shall not
 be construed to require Verizon to provide unbundled access to such format
 translation or the packet-based network (including, but not limited to, FTTH
 Loops and FTTC Loops) over which the format translation occurs.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.1.4

 	
 In no event shall
 Verizon’s unbundling obligations as to FTTH Loops or FTTC Loops exceed
 Verizon’s unbundling obligations as to such loops under the Federal
 Unbundling Rules. This Section 3.1.1.4 shall not be construed to diminish the
 limitations on Verizon’s obligations under Sections 3.1.1.1-3.1.1.3 above or
 otherwise. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.1.2

 	
 New Builds. Notwithstanding any other
 provision of the Amended Agreement, but subject to and without limiting
 Section 3.1.1 above, Verizon is not required to provide access to a FTTH or
 FTTC Loop on an unbundled basis when Verizon deploys such a Loop to the
 customer premises of a Mass Market end user that has not been served by any
 loop facility. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.1.3

 	
 Overbuilds. Notwithstanding any other provision
 of the Amended Agreement (but subject to and without limiting Section 2 and
 3.1.1 above):

 


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 3.1.3.1

 	
 Verizon is not
 required to provide access to an FTTH or FTTC Loop on an unbundled basis to a
 Mass Market Customer’s premises when Verizon has deployed such a loop
 parallel to, or in replacement of, an existing copper loop facility, except
 that, in accordance with, but only to the extent required by, the Federal
 Unbundling Rules: (a) Verizon must maintain the existing copper loop
 connected to the particular customer premises after deploying the FTTH or
 FTTC Loop and provide nondiscriminatory access to that copper loop on an
 unbundled basis unless Verizon retires the copper loop pursuant to paragraph
 47 C.F.R. § 51.319(a)(3)(iv); (b) if Verizon maintains the existing copper
 loops pursuant to 47 C.F.R. § 51.319(a)(3)(iii)(A), it need not incur any
 expenses to ensure that the existing copper loop remains capable of
 transmitting signals prior to receiving a request for access pursuant to that
 paragraph, in which case Verizon shall restore the copper loop to serviceable
 condition upon request; and (c) if Verizon retires the copper loop pursuant
 to 47 C.F.R. § 51.319(a)(3)(iv), it shall provide nondiscriminatory access to
 a 64 kilobits per second TDM transmission path (or an equivalent transmission
 path using other technologies) capable of voice grade service over the FTTH
 or FTTC Loop (a “Voice Grade Transmission Path”) on an unbundled basis. The
 rates for a Voice Grade Transmission Path under (c) above shall be the same
 rates applicable under the Amended Agreement to a DS0 loop to the same
 customer premises were such a loop available, unless and until such time as
 different rates for a Voice Grade Transmission Path are established pursuant
 to the terms set forth in the Pricing Attachment to this Amendment, in which
 case such different rates shall apply.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.1.3.1.1

 	
 In retiring a
 copper Loop or subloop, Verizon shall comply with any effective and lawful
 requirements that apply to that copper loop or subloop under 47 C.F.R. §
 51.319(a)(3)(iv); provided, however, that any such requirements shall not
 apply to retirement of copper feeder subloop. Verizon will comply with any
 effective and lawful requirements that apply to copper Loop or subloop under
 this reference or other relevant requirements, including notice provisions 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.3.2

 	
 This section 3.1.3
 does not limit any obligation Verizon may have under the Amended Agreement
 and the Federal Unbundling Rules to provide RNK with unbundled access to the
 existing time division multiplexing features, functions, and capabilities of
 a DS1 Loop or DS3 Loop.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.2

 	
 Hybrid Loops. 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.2.1

 	
 Packet Switched
 Features, Functions, and Capabilities. Notwithstanding any other
 provision of the Amended Agreement, Verizon shall not be required to provide
 access to the packet switched features, functions, or capabilities of its
 Hybrid Loops on an unbundled basis. Packet switching capability is the
 routing or forwarding of packets, frames, cells, or other data units based on
 address or other routing information contained in the packets, frames, cells
 or other data units, and the functions that are performed by the digital
 subscriber line access multiplexers, including but not limited to the ability
 to terminate an end-user customer’s copper loop (which includes both a
 low-band voice channel and a high-band data channel, or solely a data
 channel); the ability to forward the voice channels, if present, to a circuit
 switch or multiple circuit switches; the ability to extract data units from
 the data channels on the loops; and the ability 

 


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 to combine data
 units from multiple loops onto one or more trunks connecting to a packet
 switch or packet switches. Verizon shall not be required to build any time
 division multiplexing (TDM) capability into new packet-based networks or into
 existing packet-based networks that do not already have TDM capability.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.2.2

 	
 Broadband Services. Notwithstanding any other
 provision of the Amended Agreement (but subject to and without limiting
 Section 2 above), when RNK seeks access to a Hybrid Loop for the provision of
 “broadband services,” as such term is defined by the FCC, then in accordance
 with, but only to the extent required by, the Federal Unbundling Rules,
 Verizon shall provide RNK with nondiscriminatory access under the Amended
 Agreement to the existing time division multiplexing features, functions, and
 capabilities of that Hybrid Loop, including DS1 or DS3 capacity (where
 impairment has been found to exist, which, for the avoidance of any doubt,
 does not include instances in which Verizon is not required to provide a DS1
 Loop under Section 3.4.1 below or is not required to provide a DS3 Loop under
 Section 3.4.2 below) on an unbundled basis to establish a complete
 transmission path between the Verizon central office serving an end user and
 the end user’s customer premises. This access shall include access to all
 features, functions, and capabilities of the Hybrid Loop that are not used to
 transmit packetized information. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.2.3

 	
 Narrowband
 Services. Notwithstanding any other provision of the Amended Agreement (but
 subject to and without limiting Section 2 above), when RNK seeks access to a
 Hybrid Loop for the provision of “narrowband services,” as such term is
 defined by the FCC, then in accordance with, but only to the extent required
 by, the Federal Unbundling Rules, Verizon may, in its sole discretion,
 either: (a) provide nondiscriminatory access, on an unbundled basis, through
 a hybrid loop capable of voice-grade service (i.e., equivalent to DS0
 capacity), using existing time division multiplexing technology;
 or (b) provide nondiscriminatory access to a spare home-run copper loop
 serving that customer on an unbundled basis. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.2.4

 	
 IDLC Hybrid Loops. Notwithstanding any other
 provision of the Amended Agreement (but subject to and without limiting
 Section 2 above), if RNK requests, in order to provide narrowband services,
 unbundling of a 2 wire or 4 wire Loop currently provisioned via Integrated
 Digital Loop Carrier (over a Hybrid Loop), Verizon shall, in accordance with, but
 only to the extent required by, the Federal Unbundling Rules, provide RNK
 unbundled access to a Loop capable of voice-grade service to the end user
 customer served by the Hybrid Loop.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.2.4.1

 	
 Verizon will
 endeavor to provide RNK with an existing copper Loop or a Loop served by
 existing Universal Digital Loop Carrier (“UDLC”). Standard recurring and
 non-recurring Loop charges will apply.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.2.4.2

 	
 If neither a
 copper Loop nor a Loop served by UDLC is available, then Verizon shall offer
 to provision a Loop by constructing the necessary copper Loop or UDLC
 facilities or such other technically feasible option, such as any technically
 feasible option identified in note 855 of the TRO, that Verizon in its sole
 discretion may determine to offer. Verizon shall provide the requesting CLEC
 with the choice of the most cost effective option that is most technically
 feasible. If Verizon offers to provision a Loop by constructing the necessary
 copper Loop or UDLC facilities, then Verizon shall, upon request of RNK,
 construct the necessary copper Loop or UDLC facilities. In addition to the
 rates and charges payable in connection with any unbundled Loop so
 provisioned by 

 


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 Verizon, RNK shall
 be responsible for the following charges: (a) an engineering query charge for
 preparation of a price quote; (b) upon RNK’s submission of a firm
 construction order, an engineering work order nonrecurring charge; and (c) construction
 charges, as set forth in the price quote. If the order is cancelled by RNK
 after construction work has started, RNK shall be responsible for
 cancellation charges and a pro-rated charge for construction work performed
 prior to the cancellation.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.2.5

 	
 Network Interface
 Device. If RNK requests access to a Loop that Verizon is required to provide
 under the Amended Agreement, Network Interface Device (“NID”) functionality
 shall be provided with such Loop in accordance with applicable terms and
 conditions as set forth in the Agreement and no additional NID charges shall
 be included.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.3

 	
 Sub-Loop

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3.1

 	
 Distribution
 Sub-Loop Facility. Notwithstanding any other provision of the
 Amended Agreement (but subject to the conditions set forth in Section 2), in
 accordance with, but only to the extent required by, the Federal Unbundling
 Rules, upon site-specific request, RNK may obtain access to the Distribution
 Sub-Loop Facility at a technically feasible access point located near a Verizon
 remote terminal equipment enclosure at the rates and charges provided for
 Unbundled Sub-Loop Arrangements (or the Distribution Sub-Loop) in the Amended
 Agreement. It is not technically feasible to access the sub-loop distribution
 facility if a technician must access the facility by removing a splice case
 to reach the wiring within the cable.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.3.1.1

 	
 Notwithstanding
 the provisions regarding access as set forth in this Section 3.3, RNK shall
 not be allowed to attach to any Verizon equipment or do its own installation
 work without the presence of a Verizon technician.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3.2

 	
 Sub-Loop for
 Access to Multiunit Premises. Notwithstanding any other provision of the
 Amended Agreement (but subject to the conditions set forth in Section 2) upon
 request by RNK, Verizon shall provide to RNK access to the Sub-Loop for
 Multiunit Premises in accordance with the Federal Unbundling Rules. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.3.2.1

 	
 Inside Wire
 Subloop. If and at such at time as RNK should request unbundled access to
 Inside Wire Subloop that Verizon is determined to own or control, the Parties
 shall negotiate the rates, terms, and conditions for such access in
 accordance with the Bona Fide Request (“BFR”) provisions of the Agreement and
 the Federal Unbundling Rules.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.3.2.2

 	
 Single Point of
 Interconnection. In accordance with, but only to the extent
 required by, the Federal Unbundling Rules, upon request by RNK and provided
 that the conditions set forth in Subsections 3.3.2.2.1 and 3.3.2.2.2 are
 satisfied, the Parties shall negotiate in good faith an amendment to the
 Amended Agreement memorializing the general terms, conditions and rates under
 which Verizon will provide a single point of interconnection at a multiunit
 premises suitable for use by multiple carriers, together with schedules that
 will contain the specific terms and rates for the specified Single Point of
 Interconnection:

 


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 3.3.2.2.1

 	
 Verizon has
 distribution facilities to the multiunit premises, and either owns and
 controls, or leases and controls, the Inside Wire Subloop at the multiunit
 premises; and

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.2.2.2

 	
 RNK certifies that
 it will place an order for access to an unbundled Sub-Loop network element
 under the Federal Unbundling Rules via the newly provided Single Point of
 Interconnection.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.2.2.3

 	
 If the Parties are
 unable to agree on the rates, terms and conditions under which Verizon will
 provide a SPOI, then either Party may, in accordance with Section 252 of the
 Act, petition the Department to intercede and promote a resolution. For the
 avoidance of any doubt, once the Parties have executed an amendment setting
 forth the rates, terms, and conditions under which Verizon will provide a
 Single Point of Interconnection, disputes regarding implementation of the
 such rates, terms, and conditions of such Amendment or regarding the specific
 terms, conditions or rates for a particular Single Point of Interconnection
 shall be resolved pursuant to the applicable dispute resolution provisions of
 the Agreement.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.2.2.4

 	
 Verizon’s
 obligations with respect to a SPOI under this section 3.3.2.2 are in addition
 to Verizon’s obligations to provide nondiscriminatory access to a subloop for
 access to multiunit premises wiring, including any inside wire under Section
 3.3.2.1 above, at any technically feasible point, as set forth in the Amended
 Agreement.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.4

 	
 High Capacity
 Loops.
 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.4.1

 	
 DS1 Loops. To the extent the Agreement
 otherwise requires Verizon to provide RNK with unbundled access to DS1 Loops
 (this section not being intended to create any such obligation in the first
 instance) the following provisions shall apply notwithstanding any such
 requirement:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.4.1.1

 	
 Effective as of
 March 11, 2005, and subject to the transition requirements set forth in Sections
 3.4.1.2 and 3.6.3 below:

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.4.1.1.1

 	
 Verizon shall
 provide RNK with nondiscriminatory access to a DS1 Loop on an unbundled basis
 to any building not served by a Wire Center with at least 60,000 Business
 Lines and at least four Fiber-Based Collocators. Once a Wire
 Center exceeds or has exceeded both of these thresholds, no future DS1 Loop
 unbundling will be required in that Wire Center. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.4.1.1.2

 	
 RNK may obtain a
 maximum of ten unbundled DS1 Loops to any single building in which DS1 Loops
 are available as unbundled loops. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.4.1.2

 	
 Transition Period
 For DS-1 Loops.

 


8









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.4.1.2.1

 	
 For a 12-month
 period beginning on March 11, 2005, any DS1 Loop UNEs that RNK leased from
 Verizon as of that date, but which Verizon is not obligated to unbundle
 pursuant to Section 3.4.1.1 above, shall be available for lease from Verizon
 at a rate equal to the higher of (a) 115% of the rate RNK paid for the loop
 element on June 15, 2004, or (b) 115% of the rate the Board has established
 or establishes, if any, between June 16, 2004, and March 11, 2005, for that
 loop element. Where Verizon is not required to provide unbundled DS1 Loops
 pursuant to Section 3.4.1.1, RNK may not obtain new DS1 Loops as unbundled
 network elements. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.4.2

 	
 DS3 Loops. To the extent the Agreement
 otherwise requires Verizon to provide RNK with unbundled access to DS3 Loops
 (this section not being intended to create any such requirement in the first
 instance) the following provisions shall apply notwithstanding any such
 requirement:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.4.2.1

 	
 Effective as of
 March 11, 2005, and subject to the transition requirements set forth in
 Sections 3.4.2.2 and 3.6.3 below:

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.4.2.1.1

 	
 Verizon shall
 provide RNK with nondiscriminatory access to a DS3 Loop on an unbundled basis
 to any building not served by a Wire Center with at least 38,000 Business
 Lines and at least four Fiber-Based Collocators. Once a Wire
 Center exceeds or has exceeded both of these thresholds, no future DS3 Loop
 unbundling will be required in that Wire Center.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.4.2.1.2

 	
 RNK may obtain a
 maximum of a single unbundled DS3 Loop to any single building in which DS3
 Loops are available as unbundled loops. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.4.2.2

 	
 Transition Period
 For DS-3 Loops. For a 12-month period beginning on March 11,
 2005, any DS3 Loop UNEs that RNK leased from Verizon as of that date, but
 which Verizon is not obligated to unbundle pursuant to Section 3.4.2.1 above,
 shall be available for lease from Verizon at a rate equal to the higher of (a)
 115% of the rate RNK paid for the loop element on June 15, 2004, or (b) 115%
 of the rate the Board has established or establishes, if any, between June
 16, 2004, and March 11, 2005, for that loop element. Where Verizon is not
 required to provide unbundled DS3 Loops pursuant to Section 3.4.2.1, RNK may
 not obtain new DS3 Loops as unbundled network elements.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.4.3

 	
 Dark Fiber Loops. 

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.4.3.1

 	
 Effective as of
 March 11, 2005, and subject to the transition requirements set forth in
 Section 3.4.3.2 below, Verizon is not required to provide RNK with access to
 a Dark Fiber Loop on an unbundled basis. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.4.3.2

 	
 Transition Period
 For Dark Fiber Loops. For an 18-month period beginning on March 11,
 2005, any Dark Fiber Loop UNEs that RNK leased from Verizon as of that date,
 but which Verizon is not obligated to unbundle pursuant to Section 3.4.3.1
 above, shall be available for lease from Verizon at a rate equal to the
 higher of (a) 115% of the rate

 


9









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
RNK paid for the loop element on June 15, 2004, or
(b) 115% of the rate the Board has established or establishes, if any, between
June 16, 2004, and March 11, 2005, for that loop element. RNK may not obtain new
Dark Fiber Loops as unbundled network elements.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.5

 	
 High
 Capacity Transport.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.5.1

 	
 DS1 Dedicated
 Transport. To the extent the Agreement otherwise requires Verizon to provide RNK with unbundled access to
 DS1 Dedicated Transport
 (this section not being intended to create any such requirement in the first instance) the following provisions shall
 apply notwithstanding any such requirement:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.1.1

 	
 Effective as of March 11, 2005, and subject to the transition requirements
 set forth in Sections 3.5.1.2 and 3.6.3 below:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.5.1.1.1

 	
 Verizon shall unbundle DS1 Dedicated Transport between any pair of
 Verizon Wire Centers except where, through application of tier
 classifications described in Section 3.5.5 below, both Wire Centers
 defining the Route are Tier 1 Wire Centers. As such, Verizon must
 unbundle DS1 Dedicated Transport if a Wire Center at either end of a
 requested Route is not a Tier 1 Wire Center, or if neither is a Tier 1
 Wire Center.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.5.1.1.2

 	
Subject to Section 3.5.1.1.1 above, RNK may obtain a
maximum of ten unbundled DS1 Dedicated Transport circuits on each Route where
DS3 Dedicated Transport is not required to be made available on an unbundled
basis under Section 3.5.2.1 below.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.1.2

 	
 Transition Period For DS-1 Dedicated Transport. For a
 12-month period beginning on March 11, 2005, any DS1 Dedicated
 Transport UNE that RNK leased from Verizon as of that date, but
 which Verizon is not obligated to unbundle pursuant to Section
 3.5.1.1 above, shall be available for lease from
 Verizon at a rate equal to the higher of (a) 115% of the rate RNK paid for
 the dedicated transport element on June 15, 2004, or (b) 115% of the rate the
 Board has established or establishes, if any, between
 June 16, 2004, and March 11, 2005, for that dedicated transport element.
 Where Verizon is not required to provide unbundled DS1
 Dedicated Transport pursuant to Section 3.5.1.1 above, RNK may not
 obtain new DS1 Dedicated Transport as unbundled network elements.

 





	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.5.2

 	
 DS3 Dedicated
 Transport. To the extent the Agreement otherwise requires Verizon to provide RNK with unbundled access to
 DS3 Dedicated Transport
 (this section not being intended to create any such requirement in the first instance) the following provisions shall
 apply notwithstanding any such requirement:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.2.1

 	
 Effective
 as of March 11, 2005, and subject to the transition requirements
 set forth in Sections 3.5.2.2 and 3.6.3 below:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.5.2.1.1

 	
 Verizon shall unbundle DS3 Dedicated Transport between any pair of
 Verizon Wire Centers except where, through

 



10









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 application of tier
 classifications described in Section 3.5.5 below, both Wire Centers defining
 the Route are either Tier 1 or Tier 2 Wire Centers. As
 such, Verizon must unbundle DS3 Dedicated Transport if a Wire
 Center on either end of a requested Route is a Tier 3 Wire Center.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.5.2.1.2

 	
 RNK may obtain a maximum of twelve unbundled DS3 Dedicated
 Transport circuits on each Route where DS3 Dedicated Transport is
 available on an unbundled basis.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.2.2

 	
 Transition
 Period For Dedicated Transport. For a 12-month period beginning on
 March 11, 2005, any DS3 Dedicated Transport UNE that RNK leased
 from Verizon as of that date, but which Verizon is not obligated to
 unbundle pursuant to Section 3.5.2.1 above, shall be available for lease from
 Verizon at a rate equal to the higher of (a) 115% of the rate RNK paid for
 the dedicated transport element on June 15, 2004, or (b) 115% of the rate the
 Board has established or establishes, if any, between
 June 16, 2004, and March 11, 2005, for that dedicated transport element.
 Where Verizon is not required to provide unbundled DS3 Dedicated Transport pursuant
 to Section 3.5.2.1 above, RNK may not obtain
 new DS3 Dedicated Transport as unbundled
 network elements.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.5.3

 	
Dark Fiber Transport. To the extent the
Agreement otherwise requires Verizon to provide RNK with unbundled access to
Dark Fiber Transport (this section not being intended to create
any such requirement in the first instance) the following provisions shall apply
notwithstanding any such requirement:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.3.1

 	
 Effective
 as of March 11, 2005, and subject to the transition requirements
 set forth in section 3.5.3.2 below, Verizon shall unbundle Dark Fiber Dedicated
 Transport between any pair of Verizon Wire Centers except where,
 through application of tier classifications described in Section 3.5.5 below,
 both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers.
 As such, Verizon must unbundle Dark Fiber Transport if a Wire Center on
 either end of a requested Route is a Tier 3 Wire Center.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.3.2

 	
 Transition
 Period For Dark Fiber Transport. For an 18-month period beginning on
 March 11, 2005, any Dark Fiber Transport UNE that RNK leased from
 Verizon as of that date, but which Verizon is not obligated to unbundle
 pursuant to Section 3.5.3.1 above, shall be available for lease from
 Verizon at a rate equal to the higher of (a) 115% of the rate RNK paid for the
 Dark Fiber Transport element on June 15, 2004, or (b) 115% of the rate the Board has established or establishes, if
 any, between June 16, 2004, and March 11, 2005, for that
 Dark Fiber Transport element. Where Verizon is not required to
 provide unbundled Dark Fiber Transport pursuant to Section 3.5.3.1 above, RNK may not
 obtain new Dark Fiber Transport as unbundled network elements.

 





	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.5.4

 	
Notwithstanding any other provision of the Amended
Agreement, Verizon is not obligated to provide RNK with unbundled access to
Entrance Facilities, and such Entrance Facilities are not subject to the
transition provisions (including, but not limited to, transition rates) set
forth in this Section 3. The discontinuation of unbundled Entrance Facilities as
set forth in this Amendment does not alter RNK’s right to obtain interconnection
facilities that Verizon is required to provide

 



11









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
for interconnection pursuant to
section 251(c)(2) of the Act at rates that that are just, reasonable and
non-discriminatory as Section 251(c)(2) requires.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.5.5

 	
 Wire Center Tier
 Structure. For purposes of this Section 3.5, Verizon’s Wire Centers shall be
 classified into three tiers, defined as follows:

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.5.1

 	
 Tier 1 Wire
 centers are those Verizon Wire Centers that contain at least four Fiber-Based Collocators, at least 38,000
 Business Lines, or both. Tier 1 Wire Centers also are those Verizon
 tandem switching locations that have no
 line-side switching facilities, but nevertheless serve as a point of traffic aggregation accessible by
 competitive LECs. Once a Wire Center is or has been determined to be a
 Tier 1 Wire Center, that Wire Center is
 not subject to later reclassification as a Tier 2 or Tier 3 Wire
 Center.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.5.2

 	
 Tier
 2 Wire Centers are those Verizon Wire Centers that are not Tier 1 Wire Centers, but contain at least
 3 Fiber-Based Collocators, at least 24,000 Business Lines, or both. Once a
 Wire Center is or has been determined to
 be a Tier 2 Wire Center, that Wire Center is not subject to later
 reclassification as a Tier 3 Wire Center.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.5.3

 	
 Tier 3 Wire
 Centers are those Verizon Wire Centers that do not meet the criteria for Tier
 1 or Tier 2 Wire Centers.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.6

 	
 Certification and Dispute Process for High Capacity Loops and
 Transport 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.6.1

 	
 CLEC Certification
 and Related Provisions.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.1.1

 	
Before requesting unbundled access to a DS1 Loop, a
DS3 Loop, DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber
Transport, including, but not limited to, any of the foregoing elements that
constitute part of a Combination or that RNK seeks to convert from another
wholesale service to an unbundled network element (collectively, “TRRO
Certification Elements”), RNK must undertake a reasonably diligent inquiry and,
based on that inquiry, certify that, to the best of its knowledge, RNK’s request
is consistent with the requirements of the TRRO and the Federal Unbundling Rules
and that RNK is entitled to unbundled access to the subject element pursuant to
the Federal Unbundling Rules. RNK’s reasonably diligent inquiry must include, at
a minimum, consideration of any list of non-impaired Wire Centers that Verizon
makes or has made available to RNK by notice and/or by publication on Verizon’s
wholesale website (the “Wire Center List”) and any back-up data that Verizon
provides or has provided to RNK under a non-disclosure agreement or that is
otherwise available to RNK.

 





	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.1.2

 	
The back-up data that Verizon provides to RNK under a
non-disclosure agreement pursuant to Section 3.6.1.1 above shall include data
regarding the number of Business Lines and fiber-based collocators at
non-impaired Wire Centers; provided, however, that Verizon may mask the identity
of fiber-based collocators in order to prevent disclosure to RNK of other
carriers’ confidential or proprietary network information. Verizon will provide
RNK with a translation code in order for RNK to identify its fiber-based
collocation locations.

 



12









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.1.3

 	
 Since Verizon has now modified its electronic ordering system to include a
 method for RNK to provide the certification required by this section, RNK
 shall use such method, as updated from time to time, to provide such
 certification.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.6.2

 	
 Provision-then-Dispute
 Requirements.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.2.1

 	
Upon receiving a request from RNK for unbundled
access to a TRRO Certification Element and the certification required by Section
3.6.1 above, and except as provided in Section 3.6.2.3 below, Verizon shall
immediately process the request in accordance with any applicable standard
intervals and, for the avoidance of any doubt, shall not delay processing the
request on the grounds that the request is for a TRRO Certification Element. If
Verizon wishes to challenge RNK’s right to obtain unbundled access to the
subject element pursuant to the Federal Unbundling Rules, Verizon must provision
the subject element as a UNE and then seek resolution of the dispute by the
Board or the FCC, or through any dispute resolution process set forth in the
Agreement that Verizon elects to invoke in the alternative.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.2.2

 	
If Verizon intends to retroactively reprice a
facility or service back to the date of provisioning pursuant to section 3.6.2.3
below, then Verizon, within thirty (30) days of the date on which it receives
RNK’s certification under Section 3.6.1 above, must notify RNK that Verizon
disputes the subject order; provided, however, that if Verizon fails to notify
RNK within such thirty (30) day period, in no event shall Verizon’s right to
reprice retroactively be limited to a date later than the date on which Verizon
notifies RNK that Verizon disputes the subject order.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.2.3

 	
If a dispute pursuant to section 3.6.2.1 above is
resolved in Verizon’s favor, then RNK shall compensate Verizon for the
additional charges that would apply if RNK had ordered the subject facility or
service on a month-to-month term under Verizon’s interstate special access
tariff (except as provided in section 3.6.2.3.1 below as to dark fiber) and any
other applicable charges, applicable back to the date of provisioning
(including, but not limited to, late payment charges for the unpaid difference
between UNE and access tariff rates). The month-to-month rates shall apply until
such time as RNK requests disconnection of the subject facility or an
alternative term that Verizon offers under its interstate special access tariff
for the subject facility or service.

 






	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.6.2.3.1

 	
In the case of Dark Fiber Transport (there being no
analogous service under Verizon’s access tariffs), the monthly recurring charges
that Verizon may charge, and that RNK shall be obligated to pay, for each
circuit shall be the charges for the commercial service that Verizon, in its
sole discretion, determines to be analogous to the subject dark fiber facility
and, unless otherwise agreed in writing by the Parties, Verizon may disconnect
the subject dark fiber facility thirty (30) days after the date on which the
dispute is resolved in Verizon’s favor. In any case where RNK, within thirty
(30) days of the date on which the dispute is resolved in Verizon’s favor,
submits a valid ASR for a “lit” service to replace the subject Dark Fiber
Transport facility, Verizon shall continue to provide the Dark Fiber Transport
facility at

 



13









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
the rates provided for above, but only for the
duration of the standard interval for installation of the “lit”
service.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.2.4

 	
Notwithstanding any other provision of the Amended
Agreement, Verizon may reject a RNK order for a TRRO Certification Element
without first seeking dispute resolution: (a) in any case where RNK’s order
conflicts with a non-impaired Wire Center designation that the Board or the FCC
has ordered or approved or that has otherwise been confirmed through previous
dispute resolution, or (b) to the extent the Board or the FCC otherwise permits
Verizon to reject orders for TRRO Certification Elements without first seeking
dispute resolution. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.6.3

 	
 Elements Ineligible for Unbundling Based Upon Future Changes in Wire Center Designations 

 





	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.3.1

 	
If Verizon has need to revise or revises its Wire
Center List to add any new Wire Centers not listed as of the Amendment Effective
Date or to upgrade (“upgrade” meaning movement to a higher level of
non-impairment (e.g., from Tier 2 to Tier 1)) the non-impairment status of any
Wire Centers listed as of the Amendment Effective Date, then RNK shall be
entitled to an overall migration process of 270 days from the date that it
receives notice of present or future ineligibility by virtue of an anticipated
or present upgrade or change in a wire center status. For example, if Verizon
were to give 6 months notice of future ineligibility RNK would have 3 months
within which to transition to other service.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.6.3.1.1

 	
Such notice will advise RNK of alternative service
and pricing available to RNK at the end of the notice and transition period. At
the end of this notice and transition process, but no earlier than two hundred
seventy (270) days after delivery of Verizon’s Wire Center Notice and unless the
parties agree in writing otherwise, Verizon may assess RNK any previously quoted
rate or other appropriate alternative wholesale service rate on facilities used
by RNK which are no longer subject to unbundling obligations.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.3.2

 	
The Parties agree to work cooperatively to accomplish
appropriate transition procedures necessary to ensure the seamless transition
for both parties to continue providing service to subscribers without delay,
interruption or interference.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.3.3

 	
Following the consultation described in the preceding
paragraphs the Parties will complete any and all necessary transition activities
within the timeframes described in sections 3.6.3.1 thru 3.6.3.3. Upon mutual
agreement, the notice and planning events described in these paragraphs 3.6.3.1
thru 3.6.3.4 may be revised or altered as both parties see fit, but in no event
shall the notice and transition period for any discontinued facility be less
than two hundred and seventy (270) days.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.3.4

 	
Nothing contained is this Section 3.6.3 shall in any
way limit any right RNK may have to challenge Verizon’s revision of its Wire
Center Lists, including any change in a Wire Center’s designation as Tier 1,
Tier 2 or Tier 3.

 



14









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.7

 	
 Mass Market Unbundled Local Switching and Related Elements.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.7.1

 	
Effective as of March 11, 2005, and subject to the
transition requirements set forth in Section 3.7.2 below, Verizon is not
required to provide RNK with access to Mass Market Switching (which, for
purposes of this Amendment, means local circuit switching that, if provided to
RNK, would be used for the purpose of serving end-user customers using DS-0
capacity loops and does not include Four Line Carve Out Switching) on an
unbundled basis.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.7.2

 	
Transition Requirements. For a 12-month period
beginning on March 11, 2005, Verizon shall provide access to Mass Market
Switching on an unbundled basis for RNK to serve its embedded end user customer
base. The price for Mass Market Switching in combination with unbundled DS0
capacity loops and Shared Transport obtained pursuant to this section shall be
priced at transitional rates which shall be the higher of (a) the rate at which
RNK obtained that combination of network elements on June 15, 2004 plus one
dollar, or (b) the rate the Board establishes or has established, if any,
between June 16, 2004, and the effective date of the TRRO, for that combination
of network elements, plus one dollar. RNK may not obtain new Mass Market
Switching as an unbundled network element on or after March 11, 2005. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.7.2.1

 	
For purposes of Section 3.7.2 above, serving the
RNK’s embedded end user customer base means serving RNK’s end user customers
using a Mass Market Switching arrangement that was in service for that end user
customer as of March 11, 2005, and does not include adding new Mass Market
Switching arrangements, adding new lines to existing arrangements or serving the
embedded end user customer at a location different from the location at which
that customer was served using the subject Mass Market Switching arrangement as
of March 11, 2005; provided, however, that RNK may obtain such additional lines,
or moves as resale under Section 251(c)(4) of the Act (in accordance with the
resale provisions of the Agreement) or pursuant to a separate commercial
agreement.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.7.3

 	
As set forth in 47 C.F.R. § 51.319(d)(4), Verizon
shall provide RNK with non-discriminatory access to signaling, call-related
databases and shared transport facilities on an unbundled basis in accordance
with Section 251(c)(3) and 47 C.F.R Part 51, to the extent that Mass Market
Switching is required to be made available pursuant to this Section 3.7, but
only in connection with Verizon’s provision of such Mass Market
Switching.

 






	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.8

 	
Payment of Transition Charges. To the extent RNK, by
operation of the existing terms of the Agreement and the TRRO, was not already
required to pay the transitional rate increases described in Section 3 of this
Amendment, and without limiting any such existing terms, the following
provisions shall apply: 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.8.1

 	
Prospective Transition Charges. RNK shall, in
accordance with the billing provisions of the Agreement, pay any transition
charges described in section 3 of this Amendment that Verizon bills (or has
billed) in invoices dated on or after the first to occur of (a) the Amendment
Effective Date and (b) the date that is 30 days after the date of the Board’s
order approving this Amendment (the “Transition Charge Billing Date”). If RNK
fails to pay such invoices within the period of time required to avoid late
payment charges or penalties under the billing provisions of the Agreement, any
such late payment charges and penalties shall apply. 

 


15








	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.8.2

 	
 Retrospective Transition Charges.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.8.2.1

 	
Previously-Invoiced Charges. RNK, within
thirty (30) days of the Transition Charge Billing Date, shall pay any
transitional charges described in section 3 of this Amendment that Verizon
already billed to RNK in invoices dated prior to the Transition Charge Billing
Date and that RNK has not already paid. Verizon may not charge late payment
charges or penalties under billing provisions of the Agreement if RNK pays (or
has paid) within thirty (30) days after the Transition Charge Billing Date any
such invoices dated prior to the Transition Charge Billing Date. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.8.2.2

 	
Charges Not Previously Invoiced. Without limiting
RNK’s obligation to pay Verizon’s invoices described in the foregoing provisions
of this section 3.8, Verizon may, but shall not be required to, use a true up to
recover from RNK any transitional rate increases described in section 3 of this
Amendment that RNK has incurred but for which Verizon has not already billed to
RNK. Verizon may not charge late payments or penalties if RNK pays Verizon’s
true up bill within the period of time required to avoid late payments or
penalties under the billing provisions of the Agreement. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.8.2.3

 	
Any bills issued by Verizon that include either a
transition rate charge or a true up charge, shall identify the time period for
which such transition rate or true up applies; the applicable transition rate or
true up, and sufficient details that enable RNK to identify the facilities to
which the transition rate or true up amounts apply. Nothing herein shall require
Verizon to change its customary billing formats.

 






	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.9

 	
 Discontinuance of TRRO Embedded Base at the Close of Transition Period.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.9.1

 	
RNK may, at any time during the TRRO transition
periods set forth in this Section 3, place orders to convert or migrate to
alternative arrangements (e.g., a separate agreement at market-based rates,
arrangement under a Verizon access tariff, or resale) RNK’s embedded base, if
any, of Discontinued Facilities that are subject to those transition periods.
Upon RNK’s request, Verizon shall defer the effectiveness of any such orders to
a later date, but no later than March 10, 2006 (or, in the case of dark fiber,
September 10, 2006).

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.9.1.1

 	
Repricing Pending Actual Conversion or Migration.
The TRRO transition periods may result in many requests for Verizon to process a
significant number of conversions and/or migrations within a short time period.
If RNK places an order pursuant to Section 3.9.1 and Verizon does not complete
the conversion or migration requested by RNK as of the date requested by RNK
(such requested date being no later than the date required under Section 3.9.1),
then Verizon, in its sole discretion, may reprice the subject Discontinued
Facility effective as of that date by application of the rate(s) that apply to
the available replacement service requested by RNK until such time as Verizon
completes the actual conversion or migration to that available replacement
service. Because the repricing described in this Section 3.9.1.1 may inherently
involve, on a temporary basis, the application of rates to a facility or service
provisioned through a format for which Verizon’s systems are not designed to
apply such rates, Verizon, should it decide apply a rate other than one for the
service RNK is actually receiving, shall effectuate  

 


16








	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
such repricing by application of a surcharge such
that the billed rate is equal to the rate for the subject replacement
service. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.9.2

 	
Failure of RNK to Request Disconnection or
Replacement Service by the Required Date. If RNK has not requested disconnection
of the subject Discontinued Facility and has not submitted an order for a
replacement service in accordance with Section 3.9.1 above by the date required
in that section, then Verizon may, in its sole discretion, either: (a)
disconnect the subject Discontinued Facility on or at any time after March 11,
2006 (or, in the case of dark fiber, on or at any time after September 11,
2006), provided that Verizon has notified RNK in writing at least thirty (30)
days in advance of the disconnection date, or (b), convert or migrate the
subject Discontinued Facility to an analogous access (month-to-month term),
resale, or commercial arrangement that Verizon shall identify in writing to RNK
at least thirty days in advance, and the rates, terms, and conditions of such
arrangement shall apply and be binding upon RNK as of March 11, 2006 (or, in the
case of dark fiber, September 11, 2006). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.9.2.1

 	
Repricing Pending Actual Conversion or Migration. If
Verizon is unable to complete the conversion or migration described in Section
3.9.2 by the applicable date set forth therein, then Verizon may, but shall not
be required to, reprice the subject Discontinued Facility, effective as of March
11, 2006 (or in the case of dark fiber, September 11, 2006), by application of
the rate(s) that apply to the analogous access, resale, or commercial
arrangement until such time as Verizon completes the actual conversion or
migration described in Section 3.9.2. Because such repricing may inherently
involve, on a temporary basis, the application of rates to a facility or service
provisioned through a format for which Verizon’s systems are not designed to
apply such rates, Verizon, should it decide apply a rate other than one for the
service RNK is actually receiving, shall effectuate such repricing by
application of a surcharge such that the billed rate is equal to the rate for
the applicable access, resale, or other analogous arrangement that Verizon
identifies under section 3.9.2 above.  

 






	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.9.3

 	
Except as provided for in a Verizon tariff
(including, but not limited to, charges associated with RNK’s early termination
of a special access discount plan), approved by the Board (if not also provided
for in a Verizon tariff), or as otherwise agreed by the Parties (including, but
not limited to, in the Agreement), Verizon shall not charge RNK any fees for the
conversion (i.e., records-only changes to convert circuits that are already in
service, which do not require Verizon to perform any physical installation,
disconnection, or similar activities) or disconnection of a Discontinued
Facility.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.10

 	
Line Sharing. Notwithstanding any other
provision of the Amended Agreement (but subject to the conditions set forth in
Section 2 above), Verizon shall provide access to Line Sharing in accordance
with 47 C.F.R. § 51.319(a)(1)(i). For the avoidance of any doubt, the FCC’s
transition rules set forth in 47 C.F.R. § 51.319(a)(1)(i) became effective
independently of this Amendment prior to the Amendment Effective Date, and this
Section 3.10 is only intended to memorialize such rules for the convenience of
the Parties.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.10A

 	
Subject to the conditions set forth in Section 2
above, Verizon, in accordance with, but only to the extent required by, the
Federal Unbundling Rules and the Arbitration Order, shall provide, on a
nondiscriminatory basis, existing, in-place physical loop test access

 


17










	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 points to RNK at the splitter, through a cross-connection
 to RNK’s collocation space, or through a standardized interface, such as
 intermediate distribution frame or a test access server, for the purpose of
 testing, maintaining, and repairing copper loops and copper subloops.
 Verizon’s standard provisioning processes shall apply. Verizon may charge
 Board approved rates for any services performed by it. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.11

 	
 Commingling, Combinations and Conversions.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.11.1

 	
 Notwithstanding any other provision of the Amended
 Agreement or any Verizon tariff or SGAT (but subject to and without limiting
 the conditions set forth in Section 2 above and in Section 3.11.2 below):

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.1.1

 	
 Verizon shall permit RNK to commingle unbundled Network Elements
 or combinations of unbundled Network Elements obtained under the
 Amended Agreement pursuant to the Federal Unbundling Rules (“Qualifying
 UNEs”) with any non-Section 251(c)(3) wholesale services and facilities
 obtained from Verizon, including, but not limited to, any services offered
 for resale under the applicable terms of the Agreement pursuant to Section
 251(c)(4) (“Qualifying Wholesale Services”), but only to the extent and so
 long as commingling and provision of such Network Element (or combination of
 Network Elements) is required by the Federal Unbundling Rules. Moreover, to
 the extent and so long as required by the Federal Unbundling Rules, Verizon
 shall, upon request of RNK, perform the functions necessary to commingle or
 combine Qualifying UNEs with wholesale services obtained from Verizon. The
 rates, terms and conditions of the applicable access tariff, separate
 non-251agreement, or Section 251(c)(4) resale provisions of the Agreement
 will apply to the Qualifying Wholesale Services, and the rates, terms and
 conditions of the Amended Agreement or the Verizon UNE tariff, as applicable,
 will apply to the Qualifying UNEs.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.1.2

 	
 “Ratcheting,” as that term is defined by the FCC, shall
 not be required. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.11.2

 	
 Service Eligibility Criteria for Certain Combinations and
 Commingled Facilities and Services. Notwithstanding any other provision of the
 Agreement, this Amendment (but subject to the conditions set forth in
 Sections 2 and 3.11.1 above, or any Verizon tariff or SGAT:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.1

 	
 Verizon shall not be obligated to provide:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.11.2.1.1

 	
 an unbundled DS1 Loop in combination with unbundled DS1 or
 DS3 Dedicated Transport, or commingled with DS1 or DS3 access services;

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.11.2.1.2

 	
 an unbundled DS3 Loop in combination with unbundled DS3
 Dedicated Transport, or commingled with DS3 access services;

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.11.2.1.3

 	
 unbundled DS1 Dedicated Transport commingled with DS1
 channel termination access service;

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.11.2.1.4

 	
 unbundled DS3 Dedicated Transport commingled with DS1
 channel termination access service; or

 


18









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.11.2.1.5

 	
 unbundled DS3 Dedicated Transport commingled with DS3
 channel termination service,

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 (individually and collectively
 “High Capacity EELs”) except to the extent Verizon is required by 47 C.F.R. §
 51.318 to do so, and not unless and until RNK certifies in writing (i.e., ASR
 or LSR) to Verizon that each combined or commingled DS1 circuit or DS1
 equivalent circuit of a High Capacity EEL satisfies each of the service
 eligibility criteria on a circuit-by-circuit basis as set forth in 47 C.F.R.
 § 51.318. RNK must remain in compliance with said service eligibility
 criteria for so long as RNK continues to receive the aforementioned combined
 or commingled facilities and/or services from Verizon. The service
 eligibility criteria shall be applied to each combined or commingled DS1
 circuit or DS1 equivalent circuit of a High Capacity EEL. If any combined or
 commingled DS1 circuit or DS1 equivalent circuit of a High Capacity EEL is,
 becomes, or is subsequently determined to be, noncompliant, the noncompliant
 High Capacity EEL circuit will be treated as described in Section 3.11.2.2
 below. The foregoing shall apply whether the High Capacity EEL circuits in
 question are being provisioned to establish a new circuit or to convert an
 existing wholesale service, or any part thereof, to unbundled network
 elements. For existing High Capacity EEL circuits, RNK must re-certify in
 writing (i.e., letter or, as applicable, ASR or LSR) its compliance with the
 service eligibility requirements for each DS1 circuit or DS1 equivalent
 within 60 days of the Amendment Effective Date. Any existing High Capacity
 EEL circuit(s) that RNK leased from Verizon as of the Amendment Effective Date
 that RNK fails to recertify as required by this section on or before the date
 that is sixty (60) days after the Amendment Effective Date shall be treated
 as a noncompliant circuit(s) under Section 3.11.2.2 effective as of the
 Amendment Effective Date.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.2

 	
 Without limiting any other right Verizon may have to cease
 providing circuits that are or become Discontinued Facilities, if a High
 Capacity EEL circuit is or becomes noncompliant as described in this Section
 3.11, and RNK has not submitted an LSR or ASR or other documentation, e.g. if
 managed as a project, as appropriate, to Verizon requesting disconnection of
 the noncompliant facility and has not separately secured from Verizon an
 alternative arrangement to replace the noncompliant High Capacity EEL
 circuit, then Verizon, to the extent it has not already done so prior to
 execution of this Amendment, shall reprice the subject High Capacity EEL
 circuit (or portion thereof that had been previously billed at UNE rates),
 effective beginning on the date on which the circuit became non-compliant, by application of
 a new rate (or, in Verizon’s sole
 discretion, by application of a surcharge to an existing rate) to be
 equivalent to an analogous access service or other analogous arrangement that
 Verizon shall identify in a written notice to RNK. The new rate shall be no
 greater than the lowest rate RNK could have otherwise 

 


19









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 obtained for an analogous access service or other
 analogous arrangement.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.3

 	
 When submitting an ASR or LSR for a circuit for which
 certification under Section 3.11.2.1 above is required, RNK should follow
 Verizon’s ordering guidelines and provide all specified supporting
 information on the ASR related to the circuit’s eligibility, but at a
 minimum, RNK must include the certification in the remarks section of the ASR
 or LSR as follows: “Certification: The circuit(s) requested in this [ASR/LSR]
 meet the eligibility criteria set forth in 47 C.F.R. § 51.318(b)(2).” The
 foregoing certification must be contained in the Remarks section of the ASR
 or LSR unless and until such time as provisions are made to populate other
 fields on the ASR or LSR to capture this certification. Verizon may reject
 any ASR or LSR for a circuit for which certification is required under this
 section if the ASR or LSR does not contain the required certification.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.4

 	
 Intentionally Left Blank

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.5

 	
 All requests for conversions will be handled in accordance
 with Verizon’s conversion guidelines, and in a manner that is not
 inconsistent with the Arbitration Orders. Each request will be handled as a
 project and will be excluded from all ordering and provisioning metrics,
 until such time as a legally effective order of the Board requires new
 standard provisioning intervals and/or performance measures and remedies for
 Verizon’s provisioning of conversions, at which time such new intervals,
 performance measures, and/or remedies shall apply to the extent and for so
 long as they remain effective. Until such time as the Board orders or permits
 a different interval (at which time such different interval shall apply), new
 rates for converted circuits shall be effective no later than thirty (30)
 business days after RNK submits its order (i.e. a valid ASR or, as applicable, LSR)
 that includes the certification set forth in Section 3.11.2.3 above;
 provided, however, that if RNK, during any period of thirty (30) business
 days, submits requests for conversion of more than 100 circuits, then the
 Parties shall negotiate an interval that is longer than thirty (30) business
 days for the number of such circuits that exceed 100.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.6

 	
 Intentionally Left Blank.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.7

 	
 All ASR-driven conversion requests will result in a change
 in circuit identification (circuit ID) from access to UNE or UNE to access.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.8

 	
 Once per calendar year, at intervals not less than a year,
 Verizon may obtain and pay for an independent auditor to audit RNK’s
 compliance in all material respects with the service eligibility criteria
 applicable to High Capacity EELs. Any such audit shall be performed in
 accordance with the standards established by the American Institute for
 Certified Public Accountants, and may include, at Verizon’s discretion, the
 examination of a sample selected in accordance with the independent auditor’s
 judgment. Where non-compliance is found, RNK must convert all non-compliant
 circuits to the appropriate service, true up any difference in payments, and
 make the correct payments on a going-forward basis. To the extent the independent auditor’s
 report concludes that RNK failed to comply in all material 

 


20









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 respects with the service eligibility criteria, then
 (without limiting Verizon’s rights under Section 3.11.2.2 above) RNK must
 reimburse Verizon for the cost of the independent auditor within thirty (30)
 days after receiving a statement of such costs from Verizon. Should the
 independent auditor confirm that RNK complied in all material respects with
 the service eligibility criteria, then RNK shall provide to the independent
 auditor for its verification a statement of RNK’s reasonable and verifiable
 costs of complying with any requests of the independent auditor, and Verizon
 shall, within sixty (60) days of the date on which RNK submits such costs to
 the auditor, reimburse RNK for its reasonable and verifiable costs verified
 by the auditor. RNK shall maintain records adequate to support its
 compliance with the service eligibility criteria for each DS1 or DS1
 equivalent circuit for at least eighteen (18) months after the service
 arrangement in question is terminated.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.9

 	
 For purposes of the EEL eligibility criteria and
 certification required in Sections 3.11.2.1 and 3.11.2.3 above, a collocation
 arrangement shall be considered as having been “established pursuant to
 Section 251(c)(6)” under 47 C.F.R. § 51.318(b)(iv) and (c) if the collocation
 arrangement was established pursuant to the Parties’ Agreement or Verizon’s
 federal or state collocation tariffs. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.12

 	
 Routine Network Modifications. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.1

 	
 General Conditions. In accordance with 47 C.F.R. §§ 51.319(a)(8) and
 (e)(5) and subject to the conditions set forth in Section 2 above:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.12.1.1

 	
 Verizon shall make such routine network modifications as
 are necessary to permit access by RNK to the Loop, Dedicated Transport, or
 Dark Fiber Transport facilities available under the Amended Agreement
 (including DS1 Loops and DS1 Dedicated Transport, and DS3 Loops and DS3
 Dedicated Transport), where the facility has already been constructed.
 Routine network modifications applicable to Loops or Transport may include,
 but are not limited to: rearranging or splicing of in-place cable at existing
 splice points; adding an equipment case; adding a doubler or repeater; installing
 a repeater shelf; deploying a new multiplexer or reconfiguring an existing
 multiplexer; accessing manholes; and deploying bucket trucks to reach aerial
 cable. Routine network modifications applicable to Dark Fiber Transport may
 include, but are not limited to, splicing of in-place dark fiber at existing
 splice points; accessing manholes; deploying bucket trucks to reach aerial
 cable; and routine activities, if any, needed to enable RNK to light a Dark
 Fiber Transport facility that it has obtained from Verizon under the Amended
 Agreement. Routine network modifications do not include the construction of a
 new Loop or new Transport facilities, trenching, the pulling of cable, the
 installation of new aerial, buried, or underground cable for a requesting telecommunications
 carrier, or the placement of new cable. Verizon shall not be required to
 perform any routine network modifications to any facility that is or becomes
 a Discontinued Facility. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.2

 	
 Intentionally Left Blank.

 


21









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.12.3

 	
 Nothing contained in this Section 3.12 shall be deemed to
 require Verizon to provide on an unbundled basis any facility that the
 Amended Agreement does not otherwise require Verizon to provide on an
 unbundled basis.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4

 	
 Miscellaneous Provisions.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.1

 	
 Conflict between this Amendment and the Agreement. This Amendment shall be deemed
 to revise the terms and provisions of the Agreement to the extent necessary
 to give effect to the terms and provisions of this Amendment. In the event of
 a conflict between the terms and provisions of this Amendment and the terms
 and provisions of the Agreement this Amendment shall govern, provided,
 however, that the fact that a term or provision appears in this Amendment but
 not in the Agreement, or in the Agreement but not in this Amendment, shall
 not be interpreted as, or deemed grounds for finding, a conflict for purposes
 of this Section 4.1.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.2

 	
 Counterparts. This Amendment may be executed in one or more
 counterparts, each of which when so executed and delivered shall be an
 original and all of which together shall constitute one and the same
 instrument.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.3

 	
 Captions. The Parties acknowledge that the captions in this
 Amendment have been inserted solely for convenience of reference and in no
 way define or limit the scope or substance of any term or provision of this
 Amendment.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.4

 	
 Scope of Amendment. This Amendment shall amend, modify and revise the
 Agreement only to the extent set forth expressly herein. As used herein, the
 Agreement, as revised and supplemented by this Amendment, shall be referred
 to as the “Amended Agreement”. Nothing in this Amendment shall be deemed to
 amend or extend the term of the Agreement, or to affect the right of a Party
 to exercise any right of termination it may have under the Agreement.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.5

 	
 Reservation of Rights. Notwithstanding any contrary provision in the
 Amended Agreement, or any Verizon tariff, nothing contained in the Amended
 Agreement, or any Verizon tariff shall limit either Party’s right to appeal,
 seek reconsideration of or otherwise seek to have stayed, modified, reversed
 or invalidated any order, rule, regulation, decision, ordinance or statute
 issued by the Board, the FCC, any court or any other governmental authority
 related to, concerning or that may affect either Party’s rights or
 obligations under the Amended Agreement, any Verizon tariff, or otherwise.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.6

 	
 Joint Work Product. This Amendment is a joint work product, and any
 ambiguities in this Amendment shall not be construed by operation of law
 against either Party.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.7

 	
 Definitions. Notwithstanding any other provision in the
 Agreement or any Verizon tariff, the following terms, as used in the Amended
 Agreement, shall have the meanings set forth below:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.1

 	
 Business Line. As set forth in 47 C.F.R. § 51.5, a “Business
 Line” is a Verizon-owned switched access line used to serve a business
 customer, whether by Verizon itself or by a competitive LEC that leases the
 line from Verizon. The number of business lines in a Wire Center shall equal
 the sum of all Verizon business switched access lines, plus the sum of all
 UNE loops connected to that Wire Center, including UNE loops provisioned in
 combination with other unbundled elements. Among these requirements, business
 line tallies (1) shall include only those access lines connecting end-user
 customers with Verizon end-offices for switched services, (2) shall not
 include non-switched special access lines, (3) shall account for ISDN and
 other digital access lines by counting each 64 kbps-equivalent as one line.
 For example, a DS1 line corresponds to 24 64 kbps-equivalents, and therefore
 to 24 “business lines”.

 


22









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.2

 	
 Call-Related Databases. Databases, other than operations support systems,
 that are used in signaling networks for billing and collection, or the
 transmission, routing, or other provision of a telecommunications service.
 Call-related databases include, but are not limited to, the calling name
 database, 911 database, E911 database, line information database, toll free
 calling database, advanced intelligent network databases, and downstream
 number portability databases.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.3

 	
 Commingling. As set forth in 47 C.F.R. § 51.5, Commingling
 means the connecting, attaching, or otherwise linking of an unbundled network
 element, or a combination of unbundled network elements, to one or more
 facilities or services that RNK has obtained at wholesale from Verizon, or
 the combining of an unbundled network element, or combination of unbundled
 network elements, with one or more such facilities or services. “Commingle”
 means the act of commingling.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.4

 	
 Dark Fiber Loop. Consists of fiber optic strand(s)
 in a Verizon fiber optic cable between Verizon’s accessible terminal, such as
 the fiber distribution frame, or its functional equivalent, located within a
 Verizon wire center, and Verizon’s accessible terminal located in Verizon’s
 main termination point at an end user customer premises, such as a fiber
 patch panel, and that Verizon has not activated through connection to
 electronics that “light” it and render it capable of carrying
 telecommunications services.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.5

 	
 Dark Fiber Transport. Dark Fiber Transport is deployed, unlit optical
 fiber within Verizon’s network. Dark Fiber Transport consists of inactivated
 optical interoffice transmission facilities.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.6

 	
 Dedicated Transport. Dedicated Transport includes Verizon transmission
 facilities, between Verizon Wire Centers or switches (including Verizon
 switches with line-side functionality that terminate loops and are “reverse
 collocated” in non-Verizon collocation hotels), or between Verizon Wire
 Centers or switches and switches owned by requesting telecommunications
 carriers, including, but not limited to, DS1-, DS3-, and OCn-capacity level
 services, as well as dark fiber, dedicated to a particular customer or
 carrier. For the avoidance of any doubt, this Section 4.7.6 is subject to
 Section 3.5.4 above, and shall not be construed to require Verizon to provide
 unbundled access to Entrance Facilities.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.7

 	
 Discontinued Facility. Any facility that Verizon, at any time, has
 provided or offered to provide to RNK on an unbundled basis pursuant to the
 Agreement or a Verizon tariff, but which has ceased to be subject to an unbundling
 requirement under 47 U.S.C. § 251(c)(3) or 47 C.F.R. Part 51. By way of
 example and not by way of limitation, Discontinued Facilities as of the
 Amendment Effective Date include the following, whether as stand-alone
 facilities or combined or commingled with other facilities: (a) any Entrance
 Facility, subject to Section 3.5.4 above; (b) local circuit switching that,
 if provided to RNK would be used for the purpose of serving RNK’s customers
 using DS1 or above capacity Loops; (c) Mass Market Switching (subject to the
 transition provisions set forth herein for RNK’s embedded end user customer
 base, if any, as of March 11, 2005); (d) Four-Line Carve Out Switching; (e)
 OCn Loops and OCn Dedicated Transport; (f) subject to Sections 3.4.1, 3.4.2,
 and 3.6 above, DS1 Loops or DS3 Loops out of any Wire Center that meets the
 FCC’s non-impairment criteria addressed in section 3.4 of this Amendment; (g)
 Dark Fiber Loops (subject to the transition provisions set forth herein for
 RNK ‘s embedded base of Dark Fiber Loops, if any, as of March 11, 2005); (h)
 subject to Sections 3.4.1 and 3.4.2 above, any DS1 Loop or DS3 Loop that
 exceeds the 

 


23









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 maximum number of such Loops that Verizon is required to
 provide to RNK on an unbundled basis under section 3 of this Amendment; (i)
 subject to Sections 3.5.1, 3.5.2, and 3.6 above, DS1 Dedicated Transport, DS3
 Dedicated Transport, or Dark Fiber Transport on any Route that meets the
 FCC’s non-impairment criteria addressed in section 3.5 of this Amendment);
 (j) subject to Sections 3.5.1 and 3.5.2 above, any DS1 Dedicated Transport
 circuit or DS3 Dedicated Transport circuit that exceeds the number of such
 circuits that Verizon is required to provide to RNK on an unbundled basis
 under section 3 of this Amendment; (k) the Feeder portion of a Loop (as a
 sub-loop element; provided, however, that this definition is not intended to
 affect any right RNK may have to obtain unbundled access to an entire Loop
 that includes Feeder); (l) Line Sharing, subject to the TRO transition period
 addressed herein; (m) any Call-Related Database, other than the 911 and E911
 databases (subject to the transition requirements set forth herein as to any
 Call-Related Databases used in connection with Mass Market Switching for RNK
 ‘s embedded end user customer base for such switching, if any, as of March
 11, 2005); (n) Signaling (subject to the transition requirements set forth
 herein as to any Signaling used in connection with Mass Market Switching for
 RNK ‘s embedded end user customer base for such switching, if any, as of
 March 11, 2005); (o) Shared Transport (subject to the transition requirements
 set forth herein as to any Shared Transport used in connection with Mass
 Market Switching for RNK ‘s embedded end user customer base for such switching,
 if any, as of March 11, 2005); (p) FTTH Loops (lit or unlit), subject to
 Section 3.1.1 through 3.1.3 above; (q) FTTC Loops (lit or unlit), subject to
 Section 3.1.1 through 3.1.3 above; any features, functions, or capabilities
 of a FTTH Loop or FTTC Loop used to transmit packetized information; (r)
 Hybrid Loops, subject to Section 3.2 above.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.8

 	
 Distribution Sub-Loop Facility. The copper portion of a Loop in
 Verizon’s network that is between the minimum point of entry (“MPOE”) at an
 end user customer premises and Verizon’s feeder/distribution interface. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.9

 	
 DS1 Dedicated Transport. Dedicated Transport having a total digital signal
 speed of 1.544 Mbps.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.10

 	
 DS3 Dedicated Transport. Dedicated Transport having a total digital signal
 speed of 44.736 Mbps.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.11

 	
 DS1 Loop. As set forth in 47 C.F.R. § 51.319(a), a DS1 Loop
 is a digital local loop having a total digital signal speed of 1.544
 megabytes per second. DS1 loops include, but are not limited to, two-wire and
 four-wire copper loops capable of providing high-bit rate digital subscriber
 line services, including T1 services.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.12

 	
 DS3 Loop. As set forth in 47 C.F.R. § 51.319(a), a DS3 loop
 is a digital local loop having a total digital signal speed of 44.736
 megabytes per second. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.13

 	
 Intentionally Left Blank.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.14

 	
 Entrance Facility. Dedicated Transport (lit or unlit) that does not
 connect a pair of Verizon Wire Centers. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.15

 	
 Feeder. The fiber optic cable (lit or unlit) or metallic
 portion of a Loop between a serving wire center and a remote terminal or
 feeder/distribution interface.

 


24









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.16

 	
 Federal Unbundling Rules. Any lawful requirement to
 provide access to unbundled network elements that is imposed upon Verizon by
 the FCC pursuant to both 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51. Use of
 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 is not intended to deprive the
 Board, Court or other tribunal of the right to use familiar rules of statutory
 construction in interpreting the effect of the statutes and rules referenced
 herein. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.17

 	
 Fiber-Based Collocator. A fiber-based collocator is any carrier,
 unaffiliated with Verizon, that maintains a collocation arrangement in a
 Verizon Wire Center, with active electrical power supply, and operates a
 fiber-optic cable or comparable transmission facility that (1) terminates at
 a collocation arrangement within the Wire Center; (2) leaves the Verizon Wire
 Center premises; and (3) is owned by a party other than Verizon or any
 Affiliate of Verizon, except as set forth in this section. Dark fiber
 obtained from Verizon on an indefeasible right of use basis shall be treated
 as non-Verizon fiber-optic cable. Two or more Affiliated Fiber-Based Collocators
 in a single Wire Center shall collectively be counted as a single Fiber-Based
 Collocator. For the purposes of this Section, the term Affiliate is defined
 by 47 U.S.C. § 153(1) and any relevant interpretation in Title 47 of the Code
 of Federal Regulations. For the avoidance of any doubt, if an entity was not
 an Affiliate of Verizon as of the date (on or after March 11, 2005) on which
 a Wire Center qualified for non-impairment under Section 3.4 or 3.5 of this
 Amendment, the non-impairment status of such Wire Center shall not be
 eliminated or downgraded (e.g., from Tier 1 to Tier 2) if the entity later
 becomes an Affiliate of Verizon; provided, however, that Verizon shall comply
 prospectively, from and after February 5, 2006, with Unbundled Network
 Element Condition No. 2 set forth in Appendix G to the FCC’s Memorandum
 Opinion and Order, WC Docket No. 05-75, FCC 05-184 (rel. Nov. 17, 2005)
 effective as of February 5, 2006 and for so long as such condition is
 applicable. For avoidance of doubt, consistent with the Verizon/MCI Merger
 Conditions imposed by the FCC, MCI is affiliated with Verizon and Verizon
 shall not count MCI as a Fiber-Based Collocator as of the effective date set
 forth in the FCC Memorandum Opinion and Order. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.18

 	
 Four-Line Carve Out Switching. Local circuit switching that, if
 provided to RNK, would be used for the purpose of serving a RNK end user
 customer served by four or more DS0 Loops in Density Zone 1 in the top 50
 MSAs.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.19

 	
 FTTH Loop. A fiber-to-the-home loop (or “FTTH Loop”) is a
 local loop consisting entirely of fiber optic cable, whether dark or lit,
 serving an end user’s customer premises or, in the case of predominantly
 residential multiple dwelling units (MDUs), a fiber optic cable, whether dark
 or lit, that extends to the multiunit premises’ minimum point of entry
 (MPOE). 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.20

 	
 FTTC Loop. A fiber-to-the-curb loop (or “FTTC Loop”) is a
 local loop consisting of fiber optic cable connecting to copper distribution
 plant that is not more than 500 feet from the customer’s premises or, in the
 case of predominantly residential MDUs, not more than 500 feet from the MDU’s
 MPOE. The fiber optic cable in a fiber-to-the-curb loop must connect to
 copper distribution plant at a serving area interface from which every other
 copper distribution subloop also is not more than 500 feet from the
 respective customer’s premises. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.21

 	
 Hybrid Loop. A local Loop composed of both fiber optic cable,
 usually in feeder plant, and copper wire or cable, usually in the
 distribution plant. FTTH Loops and FTTC Loops are not Hybrid Loops. 

 


25









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.22

 	
 Inside Wire Subloop (House and Riser Cable). A distribution facility in
 Verizon’s network, other than in an FTTH or FTTC Loop, between the minimum
 point of entry (“MPOE”) at a multiunit premises where an end user customer is
 located and the Demarcation Point for such facility, that is owned and
 controlled by Verizon.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.23

 	
 Interexchange Service. Shall have the meaning as defined by the FCC. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.24

 	
 Intentionally Left Blank.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.25

 	
 Line Sharing. The process by which RNK provides xDSL service
 over the same copper Loop that Verizon uses to provide voice service by
 utilizing the frequency range on the copper loop above the range that carries
 analog circuit-switched voice transmissions (the High Frequency Portion of
 the Loop, or “HFPL”). The HFPL includes the features, functions, and
 capabilities of the copper Loop that are used to establish a complete
 transmission path between Verizon’s main distribution frame (or its
 equivalent) in its serving Wire Center and the demarcation point at the end
 user’s customer premises, and includes the high frequency portion of any
 inside wire (including any House and Riser Cable) owned or controlled by
 Verizon. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.26

 	
 Intentionally Left Blank. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.27

 	
 Mass Market Customer. A Mass Market Customer is an end
 user customer who is either (a) a residential customer or (b) a business
 customer whose premises are served by telecommunications facilities with an
 aggregate transmission capacity (regardless of the technology used) of less
 than four DS-0s.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.28

 	
 Mobile Wireless Service. As set forth in 47 C.F.R. § 51.5, a mobile
 wireless service is any mobile wireless telecommunications service, including
 any commercial mobile radio service.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.29

 	
 Route. As set forth in 47 C.F.R. § 51.319(e), a “Route”
 is a transmission path between one of Verizon’s Wire Centers or switches and
 another of Verizon’s Wire Centers or switches. A route between two points (e.g., Wire Center or switch “A” and Wire
 Center or switch “Z”) may pass through one or more intermediate Wire Centers
 or switches (e.g., Wire Center
 or switch “X”). Transmission paths between identical end points (e.g., Wire Center or switch “A” and Wire
 Center or switch “Z”) are the same “route,” irrespective of whether they pass
 through the same intermediate Wire Centers or switches, if any. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.30

 	
 Intentionally Left Blank. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.31

 	
 Intentionally Left Blank. 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.32

 	
 Signaling. Signaling includes, but is not limited to,
 signaling links and signaling transfer points.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.33

 	
 Intentionally Left Blank.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.34

 	
 Sub-Loop for Multiunit Premises Access. Any portion of a Loop that is
 technically feasible to access at a terminal in Verizon’s outside plant at or
 near a multiunit premise. It is not technically feasible to access a portion
 of a Loop at a terminal in Verizon’s outside plant at or near a multiunit
 premise if a technician 

 


26









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 must access the facility by removing a splice case to
 reach the wiring within the cable.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 4.7.35

 	
 Wire Center. As set forth in 47 C.F.R. § 51.5, a Wire Center
 is the location of a Verizon local switching facility containing one or more
 central offices, as defined in the Appendix to Part 36 of Chapter 47 of the
 Code of Federal Regulations. The Wire Center boundaries define the area in
 which all customers served by a given Wire Center are located.

 


27





Pricing Attachment to the TRO Amendment


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 General 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.1

 	
 As used in this Attachment: 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 1.1.1

 	
 “Services” means and includes any Network Element or other
 service, facility, equipment or arrangement, provided pursuant to this
 Amendment; and,

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 1.1.2

 	
 “Charges” means the rates, fees, charges and prices for a
 Service.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.2

 	
 Charges for Services shall be those set forth in the
 Amended Agreement (including any cross references therein to applicable
 tariffs). Any such Charges shall be automatically superseded by any new
 Charge(s) when such new Charge(s) are required by any order of the Board or
 the FCC, approved by the Board or the FCC, or otherwise allowed to go into
 effect by the Board or the FCC (including, but not limited to, in a tariff
 that has been filed with the Board or the FCC), provided such new Charge(s)
 are not subject to a stay issued by any court of competent jurisdiction.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.3

 	
 If Section 1.2 does not provide for a Charge(s) for a
 Service and the Board or the FCC approves or has approved or otherwise allows
 or has allowed a Charge(s) to go into effect (including, but not limited to,
 pursuant to a tariff that has been filed with the Board or the FCC) (an
 “Established Charge(s)”), then the Established Charge(s) shall be the
 Charge(s) for Services provided under the Amendment Agreement, provided such
 Established Charge(s) are not subject to a stay issued by any court of
 competent jurisdiction. Established Charges shall be effective automatically
 without further amendment of the Amended Agreement. Established Charges shall not be retroactive absent a Board or FCC
 decision to the contrary.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.4

 	
 For the avoidance of any doubt, Charges for Services that
 Verizon is required to provide under this Amendment shall apply as set forth
 in Sections 1.2 and 1.3 of this Pricing Attachment regardless of whether the
 text of the Amendment specifically states that a Charge applies for a
 particular Service.

 


28





IN WITNESS WHEREOF, the Parties
hereto have caused this Amendment to be executed as of the Amendment Effective
Date.


	
  

 	
  

 	
  

 	
  

 	
  

 
	
 RNK,
 INC. D/B/A RNK TELECOM

 	
  

 	
 VERIZON NEW JERSEY INC.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 By: 

 	
 /s/ Richard N. Koch

 	
  

 	
 By: 

 	
 /s/ Jeffrey A. Masoner

 
	
  

 	

 


 	
  

 	
  

 	

 


 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Printed: Richard N. Koch

 	
  

 	
 Printed: Jeffrey A. Masoner

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Title: President

 	
  

 	
 Title: Vice President – Interconnection Services

 


29