Exhibit 10.68


AMENDMENT NO. 1


to the


INTERCONNECTION
AGREEMENT


between


VERIZON
PENNSYLVANIA INC.


and


RNK
PENNSYLVANIA, INC.


            This
Amendment No. 1 (the “Amendment”) is made by and between Verizon Pennsylvania
Inc. (“Verizon”),
a Pennsylvania corporation with principal place of business at 1717 Arch
Street, Philadelphia, Pennsylvania 19103,
and RNK Pennsylvania, Inc., 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 November 5, 2007 (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 Commonwealth of Pennsylvania (the “Commonwealth”).


WITNESSETH:


            WHEREAS, pursuant to an
adoption letter dated May 1, 2007 (the “Adoption Letter”), RNK adopted in the
Commonwealth of Pennsylvania, the interconnection agreement between D&E
Systems, Inc. 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 September 8, 2005, the Administrative Law Judge in
Pennsylvania Public Utility Commission Docket No. P-00042092
issued a decision (the “Arbitration Decision”) recommending that certain
interconnection agreements be amended in accordance with rulings set forth
therein; and


            WHEREAS, on February
21, 2006, the Pennsylvania Public Utility Commission (the “Commission”)
in Docket No. P-00042092 issued its Opinion and Order requiring that certain
interconnection agreements be amended in accordance with the decisions set
forth therein; and


1






            WHEREAS, on September 13,
2007, the Commission in Docket No. P-00042092 issued its Opinion and
Order requiring that certain interconnection agreements be amended in
accordance with the decisions set forth therein; and


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


            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
Commission’s orders of February 21, 2006 and September 13, 2007 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, all of which shall apply to and be a
 part of the Agreement notwithstanding any other provision of the Agreement or a
 Verizon tariff.

 
	
  

 	
  

 	
  

 	
  

 
	
 2.

 	
 General
 Conditions.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.1

 	
 Except
 as permitted by the Amended Agreement, 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

 	
 [This
 Section Intentionally Left Blank.]

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 Restrictions
 on RNK’s Use of UNEs. RNK may not access a UNE for
 the exclusive provision of Mobile Wireless Services or Interexchange
 Services.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 Discontinued
 Elements. Notwithstanding any other provision of the
 Agreement or this Amendment, but subject to and without limiting
 Section 4.4 and subject to the transition requirements associated with
 the TRRO as set forth in Sections 3.4, 3.5, 3.6 and 3.7 below, Verizon, to
 the extent it has not already done so, may, at any time and without further notice to RNK, 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 Element, 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 Element pursuant to Section 2.4
 above and RNK has not submitted an L.SR or ASR, as appropriate, to Verizon
 requesting disconnection of the Discontinued Element and has not separately
 secured from Verizon an alternative arrangement to replace the Discontinued
 Element, then Verizon, to the extent it has not already done so prior to execution
 of this Amendment, in its sole discretion, may elect to: (a) convert the subject
 Discontinued Element to an arrangement available under a Verizon access tariff
 (i.e., month-to-month rates provided under an applicable access tariff,
 unless RNK is then subscribed to an applicable special access term/volume plan or other
 special access arrangement, pursuant to which RNK would be entitled to a
 lower rate), a resale arrangement, or other alternative wholesale arrangement
 that Verizon shall identify or has identified in writing to RNK, or (b) in lieu of
 such a conversion, reprice the subject Discontinued Element 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 arrangement available
 under a Verizon access tariff (i.e., month-to-month rates
 provided under an applicable

 


2









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 access
 tariff, unless RNK is then subscribed to an applicable special access term/volume
 plan or other special access arrangement, pursuant to which RNK would be
 entitled to a lower rate), a resale arrangement, or other alternative wholesale
 arrangement that Verizon shall identify or has identified in writing to RNK.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.4.2

 	
 With
 respect to facilities that are Discontinued Elements 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, Sections 2.5 and 3 below),
 a Verizon tariff, or a separate commercial agreement between the Parties.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.5

 	
 Pre-Existing Discontinuance
 Rights.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.5.1

 	
 Verizon’s
 rights as to discontinuance of Discontinued Elements 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 Elements, and nothing contained herein shall be construed to
 prohibit, limit, or delay Verizon’s 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 Elements.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 2.5.2

 	
 Without
 limiting Section 2.5.1 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 2.5.2 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
 3.6.2.3 below; (d) repricing of Discontinued Elements 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 3.11.2.9 below; or (f) implementation of any rates or
 charges the Commission may approve or establish in the future for any functions
 Verizon is required to perform under this Amendment.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.6

 	
 Limitation
 With Respect to Replacement Arrangements. Certain provisions of this
 Amendment refer to Verizon’s provision of a facility, service, or arrangement
 to replace Discontinued Elements. Any reference in this Amendment
 to Verizon’s provision of a facility, service, or
 arrangement that Verizon is not required to provide under Section 251 of the
 Act and the FCC’s rules implementing that section is solely for the
 convenience of the Parties and shall not be construed to require or permit
 application of any requirement of 47 U.S.C. § 252 (including
 but not limited to, arbitration under 47 U.S.C. § 252(b)) regarding the
 rates, terms or conditions upon which Verizon shall provide such facilities, services, or
 arrangements. Subject to and without limiting the foregoing, this Amendment
 shall not be deemed to limit either Party’s rights, if any, under § 271 of
 the Act that are specifically set forth in express provisions of
 the Agreement.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 2.7

 	
 For
 the avoidance of any doubt, notwithstanding any other provision of the
 Amended
 Agreement, Verizon is not required to offer or provide unbundled access to
 packet switching as a stand-alone facility,
 as part of a Combination, or otherwise.

 


3









	
  

 	
  

 	
  

 	
  

 	
  

 
	
 3.

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.1

 	
 FTTH and
 FTTC Loops.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.1.1

 	
 New Builds.
 Notwithstanding any other provision of the Amended Agreement, but subject
 to and without limiting Section 4.4 below, ‘Verizon is not required to provide
 access to a FTTH or FTTC Loop, or any segment thereof, on an unbundled
 basis when Verizon deploys such a Loop to the customer premises of an end user
 that has not been served by any loop facility other than a FTTH or FTTC Loop.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.1.2

 	
 Overbuilds.
 Notwithstanding any other provision of the Amended Agreement (but subject to
 and without limiting Section 2 above and Section 4.4 below), Verizon is not required
 to provide access to a FTTH or FTTC Loop on an unbundled basis 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 transmission path 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 DSO 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 by the Commission,
 in which case such different rates shall apply as the Commission orders on a
 prospective basis.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.2.1

 	
 Retirement
 of Copper Loops. Prior to retiring any copper Loop that has been
 replaced with a FTTH or FTTC Loop, Verizon shall comply with (i) the
 network disclosure requirements set forth in Section 251(c)(5) of the Act and
 in Sections 51.325 through 51.335 of the FCC’s Rules (which, in part,
 require Verizon to submit notice of copper Loop retirement no
 later than ninety-one (91) days prior to the planned date of such
 retirement); and (ii) any applicable requirements of state law. If
 RNK is leasing a copper Loop when Verizon submits its notice
 pursuant to the foregoing sentence, Verizon shall also provide RNK
 with a copy of such notice pursuant to the notice provisions of the
 Amended Agreement.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.2

 	
 Hybrid Loops.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.2.1

 	
 Packet
 Switched Features. Functions, and Capabilities.
 Notwithstanding any other provision of the Amended Agreement, but
 subject to and without limiting Section 4.4 below, RNK shall
 not be entitled to obtain access to the packet switched
 features, functions, or capabilities of any Hybrid Loop 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

 


4









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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 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,
 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, 47 U.S.C. §251(c)(3) and 47 C.F.R. Part 51, 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 met, 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, 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, 47 U.S.C. §
 251(c)(3) and 47 C.F.R Part 51, Verizon
 shall, in its sole discretion, either (a) provide access under the Amended Agreement to a spare home-run copper
 Loop serving that customer on an
 unbundled basis, or (b) provide access under the Amended Agreement, on an unbundled
 basis, to the entire DSO voice-grade transmission path between the main distribution frame (or equivalent) in the
 end user’s serving wire center and the end user’s customer premises
 using time division multiplexing technology.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.2.4

 	
 IDLC
 Hybrid Loops. If RNK requests, in order to
 provide narrowband services, unbundling
 of a 2 wire analog or 4 wire analog Loop currently provisioned via Integrated Digital Loop Carrier (over a Hybrid Loop),
 Verizon shall provide RNK unbundled
 access to a Loop capable of voice-grade service (i.e., equivalent to DSO
 capacity) to the end user customer served by the Hybrid Loop.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.2.4.1

 	
  

 	
 Verizon, in its sole discretion,
 will provide RNK with (i) an existing
 copper Loop; (ii) or a Loop served by existing Universal Digital Loop Carrier
 (“UDLC”), where available. Standard recurring and nonrecurring Loop charges will apply. In addition, a non-recurring charge will apply whenever a line and station
 transfer is performed.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.2.4.2

 	
  

 	
 Unless an effective order of the
 Commission or the FCC or a written agreement
 of the Parties expressly requires standard provisioning intervals and performance measures and remedies
 for Verizon’s provisioning of
 unbundled Loops pursuant to this Section 3.2.4, Verizon may exclude its
 performance in connection with providing

 



5









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 unbundled
 Loops pursuant to this Section 3.2.4 from standard provisioning intervals and performance measures and
 remedies, if any, contained in the Amended
 Agreement or elsewhere.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.3

 	
 Subloop.
 Verizon shall provide RNK with nondiscriminatory access to Subloops on an unbundled basis at any technically feasible point
 (including at fiber distribution facilities) and
 pursuant to Section 251(c)(3) of the Act, Section 51.319(b) of the FCC’s
 rules, and any other Applicable Law. One
 type of Subloop is Inside Wire Subloop, which is defined in Section 4.7.22 below. The Subloop element shall
 include any and all of the features, functions,
 and capabilities of the Subloop, including, but not limited to: (i) loop
 concentration/multiplexing functionality, (ii) loop distribution, and (iii)
 on-premises wiring owned or controlled by Verizon.
 Verizon shall also provide any combination of Subloop elements ordinarily combined in the Verizon network,
 and any pre-existing combination of Subloop
 elements shall not be separated unless so directed by RNK.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 above) or any Verizon tariff or SGAT,
 in accordance with, but only to the extent required by, 47 U.S.C. §251(c)(3) and 47 C.F.R. Part 51, 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 Distribution Sub-Loop Facility if a
 technician must access the facility
 by removing a splice case to reach the wiring within the cable.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3.2

 	
 Copper Subloops.
 Verizon shall provide RNK with nondiscriminatory access to a copper Subloop on an unbundled basis. A copper Subloop
 is a portion of a copper loop, or hybrid loop,
 comprised entirely of copper wire or copper cable that acts as transmission facility between any point of
 technically feasible access, as
 defined in Section 3.3.3 below, and the end-user customer premises. A copper Subloop also includes all intermediate devices
 (including repeaters and load
 coils) used to establish a transmission path between a point of technically feasible access and the demarcation point at the
 end-user customer premises, and
 includes the features, functions, and capabilities of the copper loop. Copper
 Subloops include two-wire and
 four-wire analog Subloops as well as two-wire and four-wire Subloops
 conditioned to transmit the digital signals needed to provide digital services, regardless of whether the
 Subloops are in service or held as
 spares.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3.3

 	
 Point of
 Technically Feasible Access. A point of technically feasible access is any point in Verizon’s outside plant owned or controlled
 by Verizon, or is at or near
 a multiunit premises, where it is technically feasible for a technician to access the wire or fiber within a cable without removing
 a splice case to reach the wire or fiber and thereby
 establish connectivity. Such points include, but are not limited to, a pole or pedestal, the serving area
 interface, the network interface device,
 the minimum point of entry, any remote terminal, the single point of interconnection, the feeder/distribution interface, and
 cross-connection panels deployed at the customer premises. Verizon shall upon
 a site-specific request by RNK,
 provide access to a copper Subloop at a splice near a remote terminal. Within thirty (30) days from the Amendment Effective
 Date, Verizon shall provide RNK
 with a written proposal that describes in detail commercially viable methods that
 allow RNK to access Subloops in accordance with the terms of the Agreement, this Amendment and Applicable Law. Within ten
 (10) days of receipt of such proposal but in no case
 later than forty (40) days from the Amendment Effective Date, the Parties
 shall begin to negotiate mutually agreeable terms that

 


6









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 effectuate
 commercially viable methods for RNK to access Subloops. The agreed upon
 methods shall be implemented within thirty (30) days after the Parties reach
 such agreement. Should the Parties not reach agreement within ninety (90)
 days from the Amendment Effective Date, either Party may pursue resolution of
 these issues pursuant to the dispute resolution provisions of the Amended
 Agreement and, to the extent they exist, the expedited dispute resolution
 processes of such Agreement. Until these issues are resolved by the Parties, or
 during the pendency of any dispute resolution proceeding initiated by a Party to
 resolve these issues, Verizon shall, notwithstanding the terms in Section 3.3.1
 above, provide RNK with access to the full frequency/spectrum of copper/fiber
 Hybrid Loops.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3.4

 	
 Collocation.
 Access to the copper Subloop shall be subject to sections 51.321 and 51.323 of
 the FCC’s collocation rules; provided, however, no collocation requirement
 may be imposed by Verizon at a customer’s premises when RNK uses the same
 or similar space to access Inside Wire Subloops.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3.5

 	
 Access
 to Multiunit Premises Wiring. Verizon shall provide RNK with
 nondiscriminatory access to Inside Wire Subloops for access to multiunit premises
 wiring on an unbundled basis regardless of the capacity or type of media
 (including, but not limited to copper, coax, radio and fiber) employed for the Inside
 Wire Subloop.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3.6

 	
 Single
 Point of Interconnection. Upon notification by RNK that it requests interconnection
 and/or access to unbundled Inside Wire Subloops, at a multiunit premises and,
 if so requested by RNK, Verizon shall provide a single point of interconnection
 (SPOI) that is suitable for use by multiple carriers. This obligation
 shall be in addition to Verizon’s obligations, under section 51.319 (b) (2) of the
 FCC’s rules, to provide nondiscriminatory access to a Subloop for access to
 multiunit premises wiring, including any inside wire, at any technically feasible
 point and in any technically feasible manner (with Verizon having the burden of
 demonstrating infeasibility). Unless mutual agreement is reached with respect to
 completion of SPOI construction, Verizon shall complete the construction
 of the SPOI and provide RNK with unrestricted access thereto not more than
 forty-five (45) days from receipt of a request by RNK to construct a SPOI. Upon
 completion of the SPOI, Verizon agrees Verizon shall access all customers it
 serves at that location through the same SPOI. Verizon charges shall recover
 only total element long-run incremental cost for constructing any such SPOI.
 The charges for the SPOI shall be recovered in a nondiscriminatory manner from
 all carriers (including the portion used by Verizon) using the SPOI.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 If,
 within fifteen (15) days from Verizon’s receipt of a request from RNK to construct a
 SPOI, Verizon and RNK are unable to negotiate rates, terms, and conditions
 under which Verizon will provide this single point of interconnection, then any
 issues in dispute regarding this obligation shall be resolved in state proceedings
 under Section 252 of the Act. Notwithstanding arbitration of the rates, if
 Verizon has not completed construction of the SPOI and provided access to RNK within
 forty-five (45) days of RNK’s request, RNK may elect to deploy its own cross
 connection configuration and connect it to the existing Verizon access point
 with no further financial obligation to Verizon. If the Verizon SPOI is subsequently
 made operational and pricing resolved, then Verizon may re-terminate the
 RNK cross-connections, without additional charge to RNK provided that RNK may obtain a mutually
 agreeable customer release schedule.
 Verizon may, at its own option and expense, deploy a
 multi-carrier SPOI but only if that deployment does not delay RNK
 access to customers in the MTE.

 


7









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3.7

 	
 Technical
 Feasibility. If Verizon and RNK are unable to reach agreement through
 voluntary negotiations as to whether it is technically feasible, or whether sufficient
 space is available, to unbundle a copper Subloop or Subloop for access to multiunit
 premises wiring at the point where RNK requests, Verizon shall have the burden
 of demonstrating to the state commission, in state proceedings under Section
 252 of the Act, that there is not sufficient space available, or that it is
 not technically feasible to unbundle the Subloop at the point requested by RNK.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3.8

 	
 Best
 Practices. Once one state commission has determined that it is technically feasible to unbundle Subloops at a designated point,
 Verizon, in any state, shall have
 the burden of demonstrating to the state commission, in state proceedings under Section 252 of the Act, that it is not
 technically feasible, or that sufficient space
 is not available, to unbundle its own
 Subloops at such a point.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3.9

 	
 Connection
 to Subloops. Connection to Subloops (including the network interface device (NID)), including but not limited to
 directly accessing the customer side or network side of the cross-connection
 device owned or controlled by Verizon, may be performed by RNK technicians or
 its duly authorized agents, at its option, (i)
 without the presence of Verizon technicians, and (ii) at no additional
 charge by Verizon. Such connecting work performed by RNK may include but is not limited to lifting and re-terminating of
 cross-connection or cross-connecting
 new terminations at accessible terminals used for Subloop access. No supervision or oversight by
 Verizon personnel shall be required
 but Verizon may monitor the work, at its sole expense, provided Verizon does
 not delay or otherwise interfere with the work being performed by RNK or its
 duly authorized agents.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3.10

 	
 Verizon
 shall not require that RNK provide Billing Account Numbers to Verizon as a condition of local number porting to RNK where RNK is overbuilding or has overbuilt
 on an existing Verizon loop.

 
	
  

 	
  

 	
  

 
	
  

 	
 3.3A

 	
 Network
 Interface Device (NID).

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3A.1

 	
Network Interface Device. Apart from its obligation to provide the NID functionality as part of
 an unbundled loop or Subloop, Verizon shall provide nondiscriminatory access to the NID on an unbundled basis. Verizon
 shall permit RNK to connect its own
 loop facilities to on-premises wiring through Verizon’s NID, or at any
 other technically feasible point.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 Section 251(c)(3) 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

 




8









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 in
 that Wire Center except to the extent required under the Verizon-MCI merger
 conditions pursuant to Section 4.7.18.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.4.1.1.2

 	
 RNK
 and its Affiliates 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 DS1 Loops.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 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 Commission 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 Section
 251(c)(3) 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 except to
 the extent required under the Verizon-MCI merger conditions
 pursuant to Section 4.7.18.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.4.2.1.2

 	
 RNK and its
 Affiliates 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 DS3 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
 Commission 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.

 


9









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Section
 251(c)(3) 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 RNK paid for the loop
 element on June 15, 2004, or (b) 115% of the rate the Commission 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 Section 251(c)(3) 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

 	
 RNK and its Affiliates 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.1.2 

 	
 Transition Period
 For DS1 Dedicated Transport.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.5.1.2.1

 	
 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 Commission
 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

 


10









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 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 Section 251(c)(3) 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 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 and its Affiliates 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 DS3
 Dedicated Transport.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.5.2.2.1

 	
 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
 Commission 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 Section 251(c)(3) 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 sections 3.5.3.2 and
 3.6.3 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.

 


11









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.3.2

 	
 Transition Period For Dark Fiber
 Transport.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.5.3.2.1

 	
 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 Commission 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 Section 251(c)(3) Entrance Facilities, and Entrance
 Facilities are not subject to the transition provisions (including, but not
 limited to, transition rates) set forth in this Section 3. In light of
 Paragraph 140 of the TRRO, the discontinuation of Entrance Facilities as set
 forth in this Amendment does not alter any right RNK may have under the
 existing Agreement to obtain interconnection facilities pursuant to section
 251(c)(2) of the Act; provided, however, that, for the avoidance of any
 doubt, this sentence by itself shall not be construed to establish any such
 right.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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

 	
 TRRO 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

 


12









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 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 that RNK is entitled to unbundled access to
 the subject element pursuant to section 251(c)(3) of the Act. 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 RNK otherwise possesses.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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 the number of (i) Business
 Lines and (ii) Fiber-Based Collocators in each Verizon serving wire center.
 Back-up data shall include, but not be limited to the definition of “wire
 center,” used, the names of the fiber-based collocators counted in each wire
 center, line counts identified by line type, the date of each count of lines
 relied upon by Verizon, the methodology used to count Fiber-Based
 Collocators, the methodology used to derive the Business Line count and the
 original sources(s) of such data, all business rules and definitions used by
 Verizon, and any documents, orders, records or reports relied upon by Verizon
 for the assertions made. Verizon shall use its best and reasonable efforts to
 provide the back-up data required by this Section no later than ten (10)
 business days following RNK’s written request, but only if a non-disclosure
 agreement covering the back-up data is in effect between Verizon and RNK at
 that time.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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 avoidance of doubt, shall not delay
 processing the request on 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 47 U.S.C. § 251(c)(3),
 Verizon must provision the subject element as a UNE and then seek resolution
 of the dispute by the Commission 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 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 (i.e., month-to-month rate provided under
 Verizon’s applicable interstate access tariff, unless RNK is then subscribed
 to an

 


13









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 applicable special access
 volume/term plan, or other special access tariff arrangement, pursuant to
 which RNK: would be entitled to a lower rate), or other alternative wholesale
 arrangement (except as provided in section 3.6.2.2.1 below as to dark fiber),
 applicable back to the date of provisioning. The foregoing 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.6.2.2.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.2.3

 	
 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 Commission, the FCC, or a court of competent jurisdiction has ordered or
 approved or that has otherwise been confirmed through previous dispute
 resolution; or (b) to the extent the Commission, the FCC, or a court of
 competent jurisdiction otherwise permits Verizon to reject orders for TRRO
 Certification Elements without first seeking dispute resolution.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.6.3

 	
 If Verizon 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 (any such revision
 may hereinafter be referred to as a “Wire Center Update Revision”), then
 Verizon shall notify RNK in writing (by electronic mail or other written
 communication) of such change (“Wire Center Update Notice”), and the
 following provisions shall apply effective as of the date that Verizon
 provides RNK such Wire Center Update Notice (the “Wire Center Update Notice
 Effective Date”):

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.3.1

 	
 RNK’s embedded base of TRRO
 Certification Elements that are or become Discontinued Elements by operation
 of any such Wire Center Update Revision (the “Newly-Discontinued Embedded
 Base”) shall be treated as Discontinued Elements under Section 3.9.2 below
 effective as follows: (a) if the Wire Center Update Notice Effective Date is
 on or before March 10, 2007, 180 days after the Wire Center Update Notice
 Effective Date (the “Initial Transitional Wire Center

 


14









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Update Effective Date”) and (b)
 if the Wire Center Update Notice Effective Date is on or after March 11,
 2007, 90 days after the Wire Center Notice Update Effective Date (the
 “Secondary Transitional Wire Center Update Effective Date”). For the
 avoidance of any doubt, for purposes of applying Section 3.9.2 in the
 foregoing circumstances, the First Transitional Wire Center Update Effective
 Date or the Secondary Transitional Wire Center Update Effective Date, as
 appropriate, shall apply in lieu of, but in no event earlier than, the March
 11, 2006 and September 11, 2006 dates set forth in Section 3.9.2, as
 applicable. During such 180- and 90-day periods, the
 Newly-Discontinued Embedded Base shall be priced at a rate equal to
 115% of the rate RNK was obligated to pay for the subject element
 as of the applicable Wire Center Update Notice Effective Date.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.3.2

 	
 For the avoidance of any doubt,
 the provisions set forth in Sections 3.6.1 and 3.6.2 (including, but not
 limited to, RNK’s certification obligation) shall apply as to any new
 requests for TRRO Certification Elements affected by the changes to the Wire
 Center List.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.3.3

 	
 Subject to Section 3.6.2.3 above,
 nothing contained in this Section 3.6.3 shall 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.7

 	
 DSO Local Circuit Switching and
 Related Elements.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.7.1

 	
 Effective as of March 11, 2005,
 and subject to the transition requirements set forth in Section 3.7.3 below,
 Verizon is not required to provide RNK with access to DSO Local Circuit
 Switching on an unbundled basis.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.7.2

 	
 RNK shall migrate its embedded
 end user customer base off of the DSO Local Circuit Switching element to an
 alternative arrangement no later than March 10, 2006.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.7.3

 	
 Transition Requirements. For a
 12-month period beginning on March 11, 2005, Verizon shall provide access to
 DSO Local Circuit Switching on an unbundled basis for RNK to
 serve its embedded end user customer base. The price for DSO
 Local Circuit Switching in combination with unbundled DSO 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 Commission 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 DSO Local Circuit Switching as an unbundled network element on or
 after March 11, 2005.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.7.3.1

 	
 For purposes of Section 3.7.3
 above, serving the RNK’s embedded end user customer base means serving RNK’s
 end user customers using a DSO Local Circuit Switching arrangement that was
 in service for that end user customer as of March 11, 2005, and does not
 include adding new DSO Local Circuit Switching arrangements, adding new lines
 to existing DSO Local Circuit Switching arrangements, or serving the embedded
 end user customer at a location different from the location at which that
 customer was served using the subject DSO Local Circuit Switching arrangement

 


15









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 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, or as permitted under other Applicable Law.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.7.4

 	
 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, to the extent that DSO Local Circuit Switching is required to be made
 available pursuant to this Section 3.7, or other Applicable Law. Verizon
 shall provide Carrier Identification Parameters (CIPs) to RNK as part of any
 such signaling that Verizon is required to provide to RNK.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.8

 	
 Payment of
 Transition Charges.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 Amendment Effective 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.8.2

 	
 Retrospective Transition Charges.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.8.2.1

 	
 Previously-Invoiced
 Charges. RNK, within thirty (30) days after the Amendment
 Effective 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 Amendment Effective 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 Amendment Effective Date any such invoices
 dated prior to the Amendment Effective 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 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.8.3

 	
 Any bills issued by Verizon that
 include either a transition rate charge or a true up charge shall enable RNK
 to determine: (1) the time period for which such transition rate charge or
 true up charges applies; (2) the applicable transition rate; and (3) the
 facilities to which the transition rate or true-up amounts apply. Nothing
 herein shall require Verizon to change its customary billing formats. In the
 event that Verizon’s billing format does not enable it to provide the
 information required by this section, Verizon shall provide such information
 separately from the billing in a manner that reasonably achieves the purposes
 of this section.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.9

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

 


16









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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, an arrangement under a Verizon access tariff, a resale arrangement,
 or other arrangement made available by Verizon pursuant to Applicable Law)
 RNK’s embedded base, if any, of Discontinued Facilities that are subject to
 those transition periods. For avoidance of doubt, if RNK places or has placed
 a timely order pursuant to this Section 3.9.1, on or before March
 10, 2006 (or, in the case of dark fiber, on or before September
 10, 2006), then Verizon, upon RNK’s request, 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). Likewise, as for Newly Discontinued
 Embedded Base, if RNK places or has placed an order pursuant to this
 section 3.9.1, on or before the last date of the transition period associated
 with a Wire Center Update Revision as specified in Section 3.6.3.1 then
 Verizon, upon RNK’s request, shall defer the effectiveness of any such orders
 to a later date, but no later than the transitional time frame specified in
 Section 3.6.3.1.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.9.1.1

 	
 Repricing Pending Actual
 Conversion or Migration. If RNK places or has
 placed a timely order pursuant to Section 3.9.1 and Verizon has not completed
 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, may reprice the subject Discontinued Element 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, may in its sole discretion, effectuate such
 repricing by application of a surcharge to an existing rate(s) so that the
 existing rate plus the surcharge are equivalent to 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 Element and has
 not submitted a timely 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, without further notice to RNK,
 convert or migrate the subject Discontinued Element to an alternative access
 (month-to-month term), resale, or commercial arrangement, or other wholesale
 arrangement made available by Verizon pursuant to Applicable Law, that
 Verizon shall identify in writing to RNK, 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); provided,
 however, that Verizon will assess a rate for such alternative arrangement
 that is not greater than the lowest rate that RNK could have otherwise
 obtained for an equivalent or substantially similar wholesale service.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.9.2.1

 	
 Repricing Pending Actual
 Conversion or Migration. If Verizon has not
 completed 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 Element, 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 an alternative access, resale, or commercial
 arrangement until such

 


17









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 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 may, in its sole discretion, effectuate
 such repricing by application of a surcharge so that the existing rate plus the surcharge are equivalent
 to the applicable access, resale,
 or other alternative arrangement that Verizon identifies under section 3.9.2 above. However, if RNK challenges Verizon
 designation that certain loop and transport facilities are Discontinued Facilities, Verizon shall continue
 to provision the subject elements
 as UNEs, and then seek resolution of the dispute by the Commission or the
 FCC, or through any dispute resolution process set forth in the Agreement that Verizon elects to invoke in the
 alternative.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 on a transitional basis 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.11

 	
 Commingling
 and Combinations.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.11.1

 	
 Notwithstanding
 any other provision of the Amended Agreement (but subject to and without limiting the conditions set forth
 in Section 2 above and in Section 3.11.2 and Section 4.4 below):

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.1.1

 	
 Verizon will not
 prohibit the commingling of an unbundled Network Element or a combination of unbundled Network Elements obtained
 under the Amended Agreement or pursuant to Applicable Law with wholesale services obtained from Verizon under a
 Verizon access tariff or a separate agreement, or as Section 251(c)(4) resale
 (‘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, or other Applicable Law. Moreover, to the extent
 and so long as required by the
 Federal Unbundling Rules or other Applicable Law (subject to Section 3.11.1.3 below), Verizon
 shall, upon request of RNK, perform
 the functions necessary to commingle or combine such UNEs with Wholesale Services. The rates,
 terms and conditions of the
 applicable access tariff, or, as applicable, separate agreement, or
 rates, terms, and conditions otherwise applicable to section 251(c)(4) resale, will apply to the Wholesale Services, and the
 rates, terms and conditions of the Amended Agreement or the Verizon UNE
 tariff, as applicable, will apply to the UNEs.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.1.2

 	
 “Ratcheting,” i.e., a pricing mechanism that involves billing a
 single circuit at multiple rates to develop a single, blended
 rate, shall not be required. UNEs or combinations of UNEs that are
 commingled with Wholesale
 Services do not constitute a shared use arrangement as set forth in the
 applicable Verizon tariff.

 


18









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.1.3

 	
 Limitations
 on Section 3.11.1. Nothing contained in Section
 3.11.1 shall be deemed: (a) to establish any
 obligation of Verizon to provide
 RNK with access to any facility that Verizon is not otherwise required
 to provide to RNK on an unbundled basis under the Amended Agreement or other Applicable Law, or (b) to
 limit any right of Verizon under the Amended
 Agreement to cease providing a facility
 that is or becomes a Discontinued (Element.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.11.2

 	
 Service Eligibility Criteria for
 Certain Combinations and Commingled Facilities and Services.
 Notwithstanding any other provision of the Agreement or this Amendment (but
 subject to the conditions set forth in Sections 2 and 3.11.1 above, and Section 4.4 below):

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 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 the Federal Unbundling
 Rules to do so, and not unless and until RNK certifies in the respective ASR
 (or, as applicable, LSR) to Verizon that each combined or commingled DS1 circuit or DS1 equivalent circuit of the High Capacity
 EEL satisfies 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 circuit
 shall 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.11.2.2

 	
 Without
 limiting any other right Verizon may have to cease providing circuits that are or become Discontinued Elements, if a
 High Capacity EEL circuit is or becomes
 noncompliant as described in this

 


19









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Section
 3.11, and RNK has not submitted an ASR (or, as applicable, LSR) or other appropriate documentation to Verizon
 requesting disconnection of the
 noncompliant High Capacity EEL circuit and has not separately secured from Verizon an alternative
 arrangement to replace the noncompliant High
 Capacity EEL circuit, then Verizon, shall
 reprice the subject High Capacity EEL circuit, 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 alternative access service or other alternative
 arrangement that Verizon shall
 identify in a written notice to RNK.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.3

 	
 When
 submitting an ASR (or, as applicable, LSR) for a High Capacity EEL circuit for which certification under
 Section 3.11.2.1 above is required, RNK must include the
 certification in the remarks section of the
 ASR (or, as applicable, LSR) as follows (substituting “LSR” for “ASR” where appropriate):
 “Certification: The circuit(s) requested
 in this ASR 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, as applicable, LSR) unless and until such time as provisions
 are made to populate other fields on
 the ASR (or, as applicable, LSR) to capture this certification.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.4

 	
 There will be
 no charges for conversion from wholesale to UNEs or UNE combinations, unless a specific tariff charge has
 been approved for that purpose.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.5

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.6

 	
 Upon RNK’s
 request, Verizon, in accordance with but only to the extent required by the Federal Unbundling Rules or
 other Applicable Law, shall convert a wholesale
 service, or group of wholesale services,
 to the equivalent UNE (if any) or combination of UNEs (if any) that
 Verizon is required to provide to RNK under the Amended Agreement. RNK shall make such a request by
 submitting an ASR (or, as
 applicable, LSR) to Verizon.1 Each such request will be handled as a project.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 Pricing
 changes for conversion requests submitted after the Amendment Effective Date shall become effective upon
 receipt by Verizon of RNKs request and
 shall be made by Verizon in the first billing
 cycle after such request. Where RNK specifically requests that Verizon physically disconnect, separate, alter or
 change the equipment and facilities employed to provide the wholesale
 service, the recurring charges for the UNEs set
 forth in the Amended Agreement or Verizon’s UNE
 tariff, as applicable, shall apply effective
 upon the earlier of (a) the date on which Verizon completes the requested work or (b) the standard interval for
 completing such work (in no event to exceed 30
 days), regardless of whether Verizon has in
 fact completed such work. Verizon shall bill RNK pro rata for the wholesale
 service through the date prior to the date on which

 






	
  

 
	

 


 
	
1 Nothing in this sentence shall be deemed to prejudice the position of either Party as to whether a conversion request submitted prior to the Amendment
Effective Date should have been made by submitting an ASR (or, as applicable,
LSR). 

 



20









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 billing at UNE
 rates commences pursuant to this Section. The effective bill date for conversions is the first of the month
 following Verizon’s receipt of an accurate and complete ASR (or, as applicable, LSR) for conversion pursuant to
 Verizon’s conversion guidelines.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.7

 	
 Verizon
 shall not, in connection with any conversion pursuant to this Section 3.11,
 without the written consent of RNK, physically disconnect,
 separate, alter or change, in any other fashion, equipment and facilities employed
 to provide the service being converted.
 Verizon shall use commercially reasonable efforts to avoid adversely
 affecting the service quality perceived by RNK’s customer.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.8

 	
 [This Section
 Intentionally Left Blank.]

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.9

 	
 Once
 per calendar 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. Verizon shall provide RNK with thirty (30) days advance
 notice of any such audit. To the extent the independent
 auditor’s report concludes that RNK failed to comply with the service eligibility criteria for any
 DS1 or DS1 equivalent circuit,
 then (without limiting Verizon’s rights under Section 3.11.2.2 above) RNK must convert all noncompliant
 circuits to the appropriate service,
 true up any difference in payments, 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 respects with the service eligibility, 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 for each DS1 or DS1 equivalent circuit,
 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2.10

 	
 Unless an effective order of the Commission or the FCC or a written agreement of
 the Parties expressly requires standard provisioning intervals and performance measures
 and remedies for Verizon’s provisioning of
 commingled facilities and services, Verizon may exclude its
 performance in connection with the provisioning of commingled facilities and services from standard provisioning intervals
 and from performance measures and remedies, if any, contained in the Amended
 Agreement or elsewhere.

 


21











	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.12

 	
 Routine Network
 Modifications.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.1

 	
 General Conditions. In accordance with 47 U.S.C. § 251(c)(3) and 47 C.F.R.
 Part 51 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 Element.
 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.2

 	
 Performance Plans. Verizon
 may exclude its performance in connection with the provisioning of Loops or Transport (including Dark Fiber Transport)
 for which routine network
 modifications are performed from standard provisioning intervals and performance measures and remedies, if any,
 contained in the Amended Agreement
 or elsewhere, until such time as a legally effective order of the Commission requires new standard provisioning
 intervals and/or performance measures
 and remedies for Verizon’s provisioning of Loops or Transport (including Dark Fiber Transport) for which
 routine network modifications are performed,
 at which time such new intervals, performance measures, and/or remedies shall apply to the extent and for so
 long as they remain effective.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.3

 	
 Nothing contained in this Section 3.12
 shall be deemed: (a) to establish any obligation
 of Verizon to provide on an unbundled basis under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51 any facility that the
 Amended Agreement does not otherwise require Verizon to provide on an
 unbundled basis under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, (b) to
 obligate Verizon to provide on an unbundled
 basis under 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, for any period of time not required under the Amended Agreement,
 access to any Discontinued Element, or (c) to limit any right of Verizon
 under the Amended Agreement, any Verizon tariff or SGAT, or otherwise, to
 cease providing a Discontinued Element.

 


22









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.4

 	
 Verizon shall perform routine
 network modifications without regard to whether the facility being accessed was
 constructed on behalf, or in accordance with the specifications, of any
 carrier.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.5

 	
 For avoidance of doubt, there
 are no existing charges approved by the Commission
 that apply to routine network modifications, as defined herein. Any charges
 applicable to routine network modifications that the Commission may establish in
 the future shall not be retroactive absent an explicit Commission order to the contrary.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.13

 	
 Loop Maintenance,
 Repair, and Testing. In accordance with, but only to the extent
 required by, the Federal Unbundling Rules or other Applicable Law, Verizon
 shall provide, on a nondiscriminatory
 basis, physical loop test access points to RNK at the splitter,
 through a cross-connection to RNK’s collocation space, or through a standardized interface, such as an intermediate
 distribution frame or a test access server, for the purpose of testing, maintaining, and repairing copper loops
 and copper Sub-Loops. Verizon’s
 standard provisioning processes and rates shall apply.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 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. This Amendment does not alter, modify, or revise any rights and obligations under Applicable Law
 contained in the Agreement, other than those Section 251 rights and obligations specifically addressed in this
 Amendment. Furthermore, RNK’s
 execution of this Amendment shall not be construed as a waiver with respect
 to whether Verizon, prior to the Amendment Effective Date, was obligated
 under the Agreement to perform certain functions required by the TRO.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 Commission, 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.

 


23









	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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:

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.1A

 	
 Applicable Law. All laws, rules and
 regulations, including, but not limited to, the Communications Act of 1934, as amended, (the “Act”) (including but not limited to 47 U.S.C. 251 and 47 U.S.C. 271), effective rules,
 regulations, decisions and orders
 of the FCC and the Commission, and all orders and decisions of courts of competent
 jurisdiction.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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”.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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. 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 pursuant to any method other
 than unbundling under Section 251(c)(3) of the Act, or the combining of an Unbundled Network Element,
 or a Combination, with one or more such facilities or
 services. “Commingle” means the act of Commingling.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.4

 	
 Conversion. Conversion means all procedures, processes and
 functions that Verizon and RNK must follow to
 Convert any Verizon facility or service other than a UNE (e.g., special
 access services) or group of Verizon facilities or services to the equivalent of UNEs or Combinations, or the reverse.
 “Convert” means the act of Conversion.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.5

 	
 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.

 


24









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.6

 	
 Dark Fiber Transport. An optical transmission facility within a LATA, that
 Verizon has not activated by attaching
 multiplexing, aggregation or other electronics, between Verizon switches (as identified in the LERG) or
 Wire Centers (including Verizon
 switching equipment, with line-side functionality, that terminate loops and
 is located at RNK’s premises).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.7

 	
 Dedicated Transport. Dedicated Transport includes Verizon transmission facilities between Verizon switches or Wire Centers
 (including Verizon switching equipment,
 with line-side functionality, that terminate loops and is located at RNK’s
 premises), or between Verizon Wire Centers or switches and requesting telecommunications carriers’ switches or Wire
 Centers, including DS-1, DS-3, and OCn-capacity level services, as
 well as dark fiber, dedicated to a particular customer or carrier.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.8

 	
 Discontinued Element. Any facility that Verizon, at any time, has provided
 or offered to provide to RNK on an
 unbundled basis pursuant to 47 U.S.C. § 251(c)(3)
 and/or 47 C.F.R. Part 51, but which by operation of law has ceased or ceases to be subject to an unbundling requirement under
 47 U.S.C. § 251(c)(3) or 47 C.F.R. Part 51.
 Discontinued Elements as of the Amended Effective Date include the following, whether as stand-alone elements
 or combined or commingled with other elements:
 (a) any Entrance Facility (lit or unlit); (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) DSO Local Circuit
 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) OCn Loops and OCn Dedicated
 Transport; (e) 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; (f) 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); (g) subject to Sections 3.4.1 and 3.4.2 above, any DS1 Loop or DS3 Loop
 that exceeds the maximum number of such Loops
 that Verizon is required to provide to RNK on an
 unbundled basis under section 3 of this Amendment; (h) 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; (i) 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; (j) the Feeder portion of a Loop; (k) Line Sharing, subject
 to the FCC’s TRO transition requirements described
 herein; (I) 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 DSO Local Circuit
 Switching for RNK ‘s embedded end user customer base for such switching,
 if any, as of March 11, 2005); (m) Signaling (subject to the transition requirements set forth herein as to any Signaling
 used in connection with DSO Local Circuit Switching for RNK ‘s
 embedded end user customer base for such switching,
 if any, as of March 11, 2005); (n) Shared Transport (subject to the transition requirements set forth herein as to
 any Shared Transport used in connection with DSO Local Circuit Switching for
 RNK ‘s embedded end user customer
 base for such switching, if any, as of March 11, 2005); (o) FTTH Loops (lit or unlit), subject to Section 3.1.2 above;
 (p) FTTC Loops (lit or unlit), subject to Section 3.1.2 above; (q) Hybrid Loops, subject to Section 3.2 above.

 


25









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.9

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.10

 	
 DSO Local Circuit Switching. Local Circuit Switching or Tandem Switching that, if provided to
 RNK, would be used for the purpose of serving a RNK end user customer with
 DSO loops.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.11

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.12

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.13

 	
 DS1 Loop. A digital
 transmission channel, between the main distribution frame (or its equivalent) in an end
 user’s serving wire center and the demarcation point at the end user customer’s premises, suitable for the transport of
 1.544 Mbps digital signals. This loop type is more fully described in
 Verizon TR 72575, as revised from time to
 time. A DS1 Loop requires the electronics necessary to provide the DS1
 transmission rate. DS1 Loops are sometimes also known as DS1 “Links”.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.14

 	
 DS3 Loop. A digital
 transmission channel, between the main distribution frame (or its equivalent) in an end
 user’s serving wire center and the demarcation point at the end user
 customer’s premises, suitable for the transport of isochronous bipolar serial data at a rate of 44.736 Mbps
 (the equivalent of 28 DS1 channels). This Loop type is more fully
 described in Verizon TR 72575, as revised from time to time. A DS3 Loop requires the electronics necessary to provide the DS3 transmission rate. DS3
 Loops are sometimes also known as DS3 “Links”.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.15

 	
 Entrance Facility. A
 transmission facility (lit or unlit) or service provided between (i) a Verizon
 wire center or switch and (ii) a switch or wire center of RNK or a third party.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.16

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.17

 	
 Federal Unbundling Rules. Any
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.18

 	
 Fiber-Based Collocator. As set forth
 in 47 C.F.R. § 51.5, 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 nonVerizon 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 Amendment, 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

 


26









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 or beyond the multiunit premises’ minimum point of entry (MPOE). FTTH Loops are not
 limited to those loops being used to provide service to “mass market”
 or residential customers.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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. FTTC loops are
 not limited to those loops being used to provide service to “mass market” or residential
 customers.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.22

 	
 Inside Wire Subloop (House and Riser
 Cable). All loop plant owned or controlled by Verizon
 at a multiunit customer premises between the minimum point of entry (“MPOE”) and the Demarcation Point
 of Verizon’s network, other than FTTH or FTTC Loop.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.23

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.24

 	
 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 Inside Wire Sub-Loop) owned or controlled by
 Verizon other than FTTH or FTTC Loop.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.25

 	
 Local Circuit Switching. The line-side
 and trunk-side facilities associated with the line-side port, on a circuit switch in Verizon’s
 network (as identified in the LERG), plus the features, functions and
 capabilities of that switch, unbundled from loops and transmission facilities, including: (a) the line-side port
 (including the capability to
 connect a loop termination and a switch line card, telephone number assignment, dial tone, one primary directory
 listing, pre-subscription, and access to 911); (b) line and line group
 features (including all vertical features and line

 


27









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 blocking options the switch and its associated deployed
 switch software are capable of providing that are
 provided to Verizon’s local exchange service customers served by that
 switch); (c) usage (including the connection of lines to lines, lines to trunks, trunks to
 lines, and trunks to trunks); and (d) trunk features (including the
 connection between the trunk termination and a trunk card).

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.26

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.27

 	
 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 Verizon 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.28

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.29

 	
 Subloop. A subloop
 (including Inside Wire Subloops, defined above) is a portion of a copper
 loop, or hybrid loop, comprised entirely of copper wire or copper cable,
 between any technically feasible point in Verizon’s outside plant, including inside wire
 owned, controlled or leased by Verizon, and the end-user customer premises. A
 subloop includes all intermediate devices (e.g. repeater and load coils), and
 includes the features, functions, and capabilities of the loop. A subloop
 includes two-wire and four-wire analog voice grade subloops and two-wire and
 four-wire subloops conditioned for digital service, regardless of whether the subloops are in service or
 held as spares.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.30

 	
 Sub-Loop for Multiunit Premises
 Access. Any portion of a Loop, other than an FTTH or FTTC Loop, that is technically
 feasible to access at a terminal in Verizon’s outside plant at or
 near a multiunit premises. 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 premises if a technician must access the facility by removing a splice case to reach the wiring
 within the cable.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.31

 	
 Tandem Switching. Tandem
 Switching creates a temporary transmission path between
 interoffice trunks that are interconnected at a Verizon tandem switch for the purpose of routing a call. A tandem switch does not
 provide basic functions such as dial tone service.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.32

 	
 Wire Center. A Wire Center is the location of a Verizon local
 switching facility containing one or more central offices, as defined in 47 C.F.R.
 § 51.5. The Wire Center boundaries define the
 area in which all customers served by a given Wire Center are located.

 


28





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


	
  

 	
  

 	
  

 
	
 RNK PENNSYLVANIA, INC.

 	
 VERIZON
 PENNSYLVANIA INC.

 	
  

 
	
  

 	
  

 	
  

 
	
 By: /s/ Richard N. Koch

 	
 By: /s/
 Jeffrey A. Masoner

 	
  

 
	
 Richard N. Koch

 	
 Jeffrey A.
 Masoner

 	
  

 
	
 President

 	
 Vice President – Interconnection Services

 	
  

 
	
 Date:
 12/28/07

 	
 Date: 1/10/08 

 	
  

 


29