Exhibit 10.43


AMENDMENT NO. 2


to the


INTERCONNECTION
AGREEMENT


between


VERIZON NEW
ENGLAND INC., d/b/a VERIZON MASSACHUSETTS,

f/k/a NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY,
d/b/a BELL ATLANTIC – MASSACHUSETTS


and


RNK, INC. D/B/A
RNK TELECOM


            This
Amendment No. 2 (the “Amendment”) is made by and between Verizon New England
Inc., d/b/a Verizon Massachusetts, f/k/a New England Telephone
and Telegraph Company, d/b/a Bell Atlantic - Massachusetts (“Verizon”), a
New York corporation with offices at 185 Franklin Street, Boston, Massachusetts
02110, and RNK, Inc. d/b/a RNK Telecom, a corporation with offices at 333 Elm
Street, Suite 310, Dedham, MA 02026 (“RNK”), and, except as otherwise expressly
provided herein, shall be deemed effective on July 14, 2005
(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
Massachusetts (the “Commonwealth”).


WITNESSETH:


            WHEREAS, pursuant to an adoption letter
dated June 18, 2002 (the “Adoption Letter”), RNK adopted in the
Commonwealth of Massachusetts, the interconnection agreement between Comcast Phone of
Massachusetts 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 July 14, 2005, the
Massachusetts Department of Telecommunications and Energy (the
“Department”), issued an arbitration order in Docket No. D.T.E. 04-33 (the
“July 14, 2005 Arbitration Order”) requiring certain interconnection
agreements to be amended in accordance with rulings set forth therein; and


1






            WHEREAS, on December 16, 2005, the
Department issued a Reconsideration Order in Docket No. D.T.E.
04-33 which granted in part and denied in part motions for reconsideration of
the July 14, 2005 Arbitration Order (the December 16, 2005
Reconsideration Order and the July 14, 2005 Arbitration Order, as affirmed and
modified by the December 16, 2005 Reconsideration Order, may hereinafter be referred to as
the “2005 Arbitration Orders”); and


            WHEREAS, on May 5, 2006, the Department
issued an Order on Compliance in Docket No. D.T.E. 04-33-B (the “Order on
Compliance”) in which the Department resolved certain disputes regarding the terms to be included in a conforming
interconnection agreement amendment (the 2005 Arbitration Orders, as modified and affirmed by the Order on Compliance,
may hereinafter be referred to as the “Arbitration Orders”); 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 Arbitration Orders and to give contractual effect to the provisions
set forth herein;


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


	
  

 	
  

 	
  

 
	
 1.

 	
 Amendment
 to Agreement. The Agreement is amended to
 include the following provisions and the Pricing Attachment to the
 TRO Amendment (including Exhibit A) attached hereto, 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

 	
 Restrictions
 on RNK’s Use of UNEs. RNK may not access an
 unbundled Network Element (“UNE”) for the exclusive provision of
 Mobile Wireless Services or Interexchange Services.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.3

 	
 Discontinued
 Facilities. Notwithstanding any other provision of the
 Agreement, but subject to and without limiting Section 4.4, below,
 this Amendment, or any Verizon tariff (subject to any tariff
 provisions expressly incorporated by reference into the Agreement), but subject
 to the transition requirements associated with the TRRO, as set forth in Sections
 3.4, 3.5, and 3.7 below, Verizon may, effective as of July 14, 2005 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 Facility, whether as a
 stand-alone UNE, as part of a Combination, or otherwise.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.4

 	
 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 Facilities. Any
 reference in this Amendment to Verizon’s provision of a facility,
 service, or arrangement that Verizon is not required to provide under 47
 U.S.C. § 251 and 47 C.F.R. Part 51 is solely for the convenience
 of the Parties and shall not be construed as an agreement by
 the Parties that the rates, terms or conditions upon which Verizon shall
 provide such facilities, services, or arrangements are subject to the requirements
 of 47 U.S.C. § 252.

 
	
  

 	
  

 	
  

 
	
  

 	
 2.5

 	
 Pre-Existing Discontinuance Rights. 

 


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 2.5.1

 	
 Verizon’s rights
 as to discontinuance of Discontinued Facilities pursuant to this Amendment
 are in addition to, and not in limitation of, any rights Verizon may have under the Agreement as to discontinuance
 of Discontinued Facilities, and nothing
 contained herein shall be construed to prohibit, limit, or delay Verizon’s exercise of any pre-existing right it may have
 under the Agreement to cease providing a Discontinued Facility; provided,
 however, that in implementing any future
 discontinuance that Verizon has not already implemented and that is not addressed by this Amendment, Verizon shall
 comply with any ruling set forth in the Arbitration Orders regarding whether
 the terms of the Agreement require Verizon to negotiate an amendment
 in order to discontinue a UNE.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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 3.6.2.4 below, in any case where a
 RNK order conflicts with a future non-impaired Wire Center designation
 that the Department or the FCC orders or
 affirmatively approves, or that is otherwise confirmed through dispute resolution,
 (d) repricing or disconnection of Discontinued Facilities at the end of the TRRO transition periods as provided for in
 Section 3.9 below, (e) discontinuance of High Capacity EELs that are
 determined in the future to be non-compliant
 under Section 3.11.2.2 or 3.11.2.6 below, (f) future implementation of
 any rates or charges pursuant to the terms set forth in the Pricing
 Attachment to this Amendment.

 
	
  

 	
  

 	
  

 	
  

 
	
 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 nondiscriminatory access to a FTTH or FTTC Loop on an
 unbundled basis when Verizon has deployed such a loop to the customer
 premises of an end user that has not been served by any loop facility or when
 Verizon has deployed such a loop parallel
 to, or in replacement of, an existing 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
 nondiscriminatory access to an FTTH Loop or an 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 (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

 


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 Verizon shall
 restore the copper loop to serviceable condition upon request; and (c) If
 Verizon retires the copper loop pursuant to 47 C.F.R. § 51.319(a)(3)(iv), it shall provide nondiscriminatory access to a 64
 kilobits per second TDM transmission
 path (or an equivalent transmission path using other technologies) capable of voice grade service over the FTTH or
 FTTC Loop (a “Voice Grade Transmission Path”) on an unbundled basis.
 The rates for a Voice Grade Transmission
 Path under (c) above shall be the same rates applicable under the Amended Agreement to a DS0 loop to the same
 customer premises were such a loop
 available, unless and until such time as different rates for a Voice Grade Transmission Path are established pursuant to
 the terms set forth in the Pricing Attachment to this Amendment, in
 which case such different rates shall apply.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.1.2.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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, Verizon is not required to
 provide unbundled access to the packet
 switched features, functions and capabilities of its Hybrid Loops. Packet switching capability is the routing or
 forwarding of packets, frames, cells, or other data units based on address or other routing information
 contained in the packets, frames,
 cells or other data units, and the functions that are performed by the digital subscriber line access
 multiplexers, including but not limited to the ability to terminate an end-user customer’s copper loop (which
 includes both a low-band voice
 channel and a high-band data channel, or solely a data channel); the ability to forward the voice
 channels, if present, to a circuit switch or multiple circuit switches; the ability to extract data units from
 the data channels on the loops; and the ability to combine data units
 from multiple loops onto one or more
 trunks connecting to a packet switch or packet switches. In accordance with the Arbitration Orders and the
 FCC’s rules, Verizon shall not be required
 to build any time division multiplexing (TDM) capability into new packet-based networks or into existing packet-based
 networks that do not already have TDM capability.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.2.2

 	
 Broadband
 Services. Notwithstanding any other provision of the
 Amended Agreement (but subject to and without limiting Section
 2 above and Section 4.4 below), 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 47 C.F.R.
 § 51.319(a) and the Arbitration Orders, Verizon shall provide RNK with
 nondiscriminatory access under the Amended Agreement to the existing time division multiplexing features,
 functions, and capabilities of that Hybrid Loop, including DS1 or DS3
 capacity (where impairment has been found to
 exist, which, for the avoidance of any doubt, does not include instances in which
 Verizon is not required to provide a DS1 Loop under Section 3.4.1 below or is
 not required to provide a DS3 Loop under Section 3.4.2 below) on an unbundled basis to establish a complete
 transmission path between the Verizon central office serving an end user and the end user’s customer
 premises. This access shall include access to all features, functions,
 and capabilities of the Hybrid Loop that are not used to transmit packetized
 information.

 


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 3.2.3

 	
 Narrowband
 Services. Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section
 2 above and Section 4.4 below),
 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
 47 C.F.R. § 51.319(a) and the Arbitration Orders, Verizon may either: (a) Provide
 nondiscriminatory access, on an unbundled basis, to an entire Hybrid Loop capable of voice-grade service (i.e., equivalent to DS0 capacity), using
 time division multiplexing
 technology; or (b) Provide nondiscriminatory access to a spare home-run copper
 loop serving that customer on an unbundled basis.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.2.4

 	
 IDLC Hybrid Loops. Notwithstanding any other
 provision of the Amended Agreement (but
 subject to and without limiting Section 2 above and Section 4.4 below), if RNK requests, in order to provide
 narrowband services, unbundling of a
 2 wire or 4 wire Loop currently provisioned via Integrated Digital Loop
 Carrier (over a Hybrid Loop),
 Verizon shall, in accordance with 47 C.F.R. § 51.319(a) and the Arbitration Orders, provide RNK
 unbundled access to a Loop capable of
 voice-grade service to the end user customer served by the Hybrid Loop.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.2.4.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.2.4.2

 	
 If neither a copper Loop nor a Loop served by UDLC is available, then
 Verizon shall offer to provision a Loop by constructing
 the necessary copper Loop or UDLC facilities or such other
 technically feasible option, such as any technically feasible option
 identified in note 855 of the TRO, that Verizon in its sole
 discretion may determine to offer. If Verizon, in its sole discretion, offers
 to provision a Loop by constructing the necessary copper Loop or UDLC
 facilities, then Verizon shall construct such copper Loop or UDLC
 facilities upon request of RNK. In addition to the rates and charges payable
 in connection with any unbundled Loop so provisioned by
 Verizon, RNK shall be responsible for the following charges, which
 shall be determined on a case-by-case basis and shall apply even if such
 charges are not provided for in the Pricing Attachment to this Amendment,
 only if RNK requests the construction of a copper Loop or UDLC facilities when
 Verizon has proposed to provide a different less costly method
 of technically feasible access: (a) an engineering query charge for
 preparation of a price quote; (b) upon RNK’s submission of a firm
 construction order, an engineering work order nonrecurring charge; and
 (c) construction charges, as set forth in the price quote. If the order
 is cancelled by RNK after construction work has started, RNK shall be
 responsible for cancellation charges and a pro-rated charge for
 construction work performed prior to the cancellation.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.2.4.3

 	
 Verizon
 may exclude its performance in connection with providing 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, until such time as a legally
 effective order of the Department requires new standard provisioning
 intervals and/or performance measures and remedies for Verizon’s
 provisioning of unbundled Loops pursuant to this Section 3.2.4, at
 which time such new intervals, performance measures, and/or remedies
 shall apply to the extent and for so long as they remain effective.

 


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 3.3.1

 	
 Sub-Loop
 for Access to Multiunit Premises. All provisions in the
 Agreement governing RNK access to Inside Wire, House and Riser
 or House and Riser Cable are hereby deleted and replaced with this Section 3.3.1, which
 shall supersede any other provision in
 the Agreement. Subject to and without limiting Section 2 above, upon
 request by RNK, Verizon shall provide to RNK nondiscriminatory unbundled
 access to the Sub-Loop for Multiunit Premises Access, regardless of the capacity level or type of loop that RNK
 seeks to provision for its
 customer, in accordance with 47 C.F.R. § 51.319(b) and the Arbitration
 Orders.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.3.1.1

 	
 Inside
 Wire Sub-Loop. In accordance with 47 C.F.R.
 § 51.319(b) and the
 Arbitration Orders, upon request by RNK, Verizon shall provide to RNK access to a House and Riser Cable owned or
 controlled by Verizon pursuant to
 this Section 3.3.1.1 at the rates and charges provided in the Amended
 Agreement. Verizon shall not reserve a House and Riser Cable for RNK. RNK may access a House and Riser Cable only between the MPOE for such cable and
 the demarcation point at a
 technically feasible access point. It is not technically feasible to access inside wire sub-loop if a technician
 must access the facility by removing a splice case to reach the wiring
 within the cable.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.1.1.1

 	
 RNK
 must satisfy the following conditions before ordering access to a House and Riser Cable
 from Verizon:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.3.1.1.1.1

 	
 RNK
 shall locate its facilities within cross connect distance of
 the point of interconnection on such cable. Facilities are within
 cross connect distance
 of a point of interconnection if they are located
 in the same room (not including a hallway)
 or within twelve (12) feet of such point of interconnection.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.3.1.1.1.2

 	
 If
 suitable space is available, RNK shall install its facilities no closer than
 fourteen (14) inches of the point of interconnection for such cable, unless
 otherwise agreed by the Parties.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.3.1.1.1.3

 	
 RNK’s
 facilities cannot be attached, otherwise affixed or adjacent to Verizon’s
 facilities or equipment, cannot pass through or otherwise penetrate Verizon’s facilities or equipment and
 cannot be installed so that RNK’s facilities or equipment are located in a space where Verizon plans
 to locate its facilities or equipment.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.3.1.1.1.4

 	
 RNK
 shall identify its facilities as those of RNK by means of permanently-affixed
 externally-visible signage or markings.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.3.1.1.1.5

 	
 To
 provide RNK with access to a House and Riser Cable, Verizon shall not
 be obligated to (a) move any Verizon equipment, (b) secure any right of way
 for RNK, (c) secure space for RNK in any building, (d) secure access to any portion of a

 


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 building
 for RNK or (e) reserve space in any building for RNK.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.3.1.1.1.6

 	
 Verizon
 shall perform cutover of a Customer to RNK service by means of a
 House and Riser Cable subject to a negotiated interval. Verizon shall install a jumper cable to
 connect the appropriate Verizon House and
 Riser Cable pair to RNK’s facilities, and Verizon shall determine how
 to perform such installation. RNK shall coordinate
 with Verizon to ensure that House and Riser Cable facilities are
 converted to RNK in accordance with RNK’s order for such services.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.1.1.2

 	
 If
 proper RNK facilities are not available at the time of installation,
 Verizon shall bill RNK, and RNK shall pay to Verizon, the Not Ready Charge set forth in the
 Amended Agreement and the Parties shall
 establish a new cutover date.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.1.1.3

 	
 Verizon
 shall perform all installation work on Verizon equipment in
 connection with RNK’s use of Verizon’s House and Riser Cable. All RNK
 equipment connected to a House and Riser Cable shall comply with applicable
 industry standards.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.1.1.4

 	
 Verizon shall
 repair and maintain a House and Riser Cable at the request of RNK. RNK shall
 be solely responsible for investigating and
 determining the source of all troubles and for providing Verizon with
 appropriate dispatch information based on its test results. Verizon shall
 repair a trouble only when the cause of the trouble is a Verizon House
 and Riser Cable. If (a) RNK reports to
 Verizon a Customer trouble, (b) RNK
 requests a dispatch, (c) Verizon dispatches a technician, and (d) such
 trouble was not caused by a Verizon House and Riser Cable in whole or in part, then RNK shall pay Verizon the
 charge set forth in the Amended Agreement for time associated with said dispatch. In addition, this charge also applies
 when the Customer contact as designated by RNK is not available at the
 appointed time. If as the result of RNK instructions,
 Verizon is erroneously requested to dispatch to a site on Verizon company premises (“dispatch in”),
 a charge set forth in the Amended Agreement will be assessed per
 occurrence to RNK by Verizon. If as the result of RNK instructions, Verizon is erroneously requested to dispatch to a site
 outside of Verizon company premises (“dispatch out”), a charge set
 forth in the Amended Agreement will be assessed per occurrence to RNK by Verizon.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.3.1.2

 	
 Single
 Point of Interconnection.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.1.2.1

 	
 In accordance with 47 C.F.R. § 51.319(b) and the Arbitration Orders, upon request by RNK and provided that
 the conditions
 set forth in Subsections 3.3.1.2.1.1 and 3.3.1.2.1.2 are satisfied, the
 Parties shall negotiate in good faith an amendment
 to the Amended Agreement memorializing the terms, conditions and rates
 under which Verizon will provide a

 


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 single point of interconnection at a multiunit premises suitable for use by multiple carriers:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.3.1.2.1.1

 	
 Verizon has
 distribution facilities to the multiunit premises,
 and owns, controls, or leases, the House and Riser Cable at the
 multiunit premises; and

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.3.1.2.1.2

 	
 RNK states in the
 above request that it intends to place an
 order for access, via the newly provided single point of interconnection, to an unbundled Sub-Loop network element that Verizon is
 required to provide to RNK under the Amended Agreement.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.1.2.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.3.1.2.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.3.2

 	
 Distribution
 Sub-Loop Facility. Notwithstanding any other provision of the Amended Agreement (but subject to the
 conditions set forth in Section 2 above and Section 4.4 below), in
 accordance with 47 C.F.R. § 51.319(b) and the Arbitration Orders, 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 in accordance with 47 C.F.R. § 51.319(b)(1)(i)
 and the Arbitration Orders at the rates and charges provided for Unbundled Sub-Loop Arrangements (or the
 Distribution Sub-Loop) in the Amended
 Agreement. It is not technically feasible to access the sub-loop distribution
 facility if a technician must access the facility by removing a splice case
 to reach the wiring within the cable.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.4

 	
 High Capacity
 Loops.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.4.1

 	
 DS1
 Loops. To the extent the Agreement otherwise requires
 Verizon to provide RNK with unbundled access to § 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

 


8









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 least
 four Fiber-Based Collocators. Once a Wire Center exceeds both
 of these thresholds, no future DS1 Loop unbundling will be required in
 that Wire Center.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.4.1.1.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.4.1.2

 	
 Transition Period For DS-1 Loops.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 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 set forth in the Pricing Attachment to this Amendment, which shall be 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
 Department 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 §
 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 both of these
 thresholds, no future DS3 Loop unbundling will be required in that Wire
 Center.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.4.2.1.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.4.2.2

 	
 Transition Period For DS-3 Loops. For a
 12-month period beginning on March 11, 2005, any DS3 Loop
 UNEs that RNK leased from Verizon as of that date, but which
 Verizon is not obligated to unbundle pursuant to Section
 3.4.2.1 above, shall be available for lease from Verizon at a rate set forth in
 the Pricing Attachment to this Amendment, which shall be 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 Department 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 § 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 set forth in the
 Pricing Attachment to this Amendment,
 which shall be 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
 Department 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
 § 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
 may obtain a maximum of ten unbundled DS1 Dedicated Transport
 circuits on each Route where DS1 Dedicated Transport is available on an
 unbundled basis.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.1.2

 	
 Transition Period For DS-1 Dedicated Transport. For a
 12-month period beginning on March 11, 2005, any DS1 Dedicated
 Transport UNE that RNK leased from Verizon as of that date, but
 which Verizon is not obligated to unbundle pursuant to Section
 3.5.1.1 above, shall be available for lease from
 Verizon at a rate set forth in the Pricing Attachment to this Amendment,
 which shall be 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
 Department has established or establishes, if any, between
 June 16, 2004, and March 11, 2005, for that dedicated transport element.
 Where Verizon is not required to provide unbundled DS1
 Dedicated Transport pursuant to Section3.5.1.1 above, RNK may not
 obtain new DS1 Dedicated Transport as unbundled network elements.

 


10









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.5.2

 	
 DS3 Dedicated
 Transport. To the extent the Agreement otherwise requires Verizon to provide RNK with unbundled access to
 § 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 may obtain a maximum of twelve unbundled DS3 Dedicated
 Transport circuits on each Route where DS3 Dedicated Transport is
 available on an unbundled basis.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.2.2

 	
 Transition
 Period For Dedicated Transport. For a 12-month period beginning on
 March 11, 2005, any DS3 Dedicated Transport UNE that RNK leased
 from Verizon as of that date, but which Verizon is not obligated to
 unbundle pursuant to Section 3.5.2.1 above, shall be available for lease from
 Verizon at a rate set forth in the Pricing Attachment to this Amendment,
 which shall be 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
 Department 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 §
 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 section 3.5.3.2 below, Verizon shall unbundle Dark Fiber
 Transport between any pair of Verizon Wire Centers except where,
 through application of tier classifications described in Section 3.5.5 below,
 both Wire Centers defining the Route are either Tier 1 or Tier 2 Wire Centers.
 As such, Verizon must unbundle Dark Fiber Transport if a Wire Center on
 either end of a requested Route is a Tier 3 Wire Center.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.3.2

 	
 Transition
 Period For Dark Fiber Transport. For an 18-month period beginning on
 March 11, 2005, any Dark Fiber Transport UNE that RNK leased from
 Verizon as of that date, but which Verizon is not obligated to unbundle
 pursuant to Section 3.5.3.1 above, shall be available for lease from
 Verizon at a rate set forth in the Pricing Attachment to this Amendment,
 which shall be equal to the higher of (a) 115% of the rate RNK paid for the
 Dark Fiber Transport element on June 15, 2004, or (b)

 


11









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 115% of the rate the Department 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
 § 251(c)(3) Entrance Facilities,
 and such Entrance Facilities are not subject to the transition provisions (including, but not limited to, transition
 rates) set forth in this Section 3.
 The discontinuation of such unbundled Entrance Facilities or Dedicated Transport as set forth in this Amendment does
 not alter any right RNK may have under
 the existing Agreement to obtain any interconnection facilities that Verizon is required to provide 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 of RNK.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.5.5

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.5.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.5.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.5.5.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.6

 	
 Certification and Dispute Process for High Capacity Loops and
 Transport 

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.6.1

 	
 CLEC Certification
 and Related Provisions.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.1.1

 	
 Before
 requesting unbundled access to a DS1 Loop, a DS3 Loop, DS1 Dedicated
 Transport, DS3 Dedicated Transport, or Dark Fiber Transport,
 including, but not limited to, any of the foregoing elements that
 constitute part of a Combination or that RNK seeks to convert from another
 wholesale service to an unbundled network element (collectively, “TRRO Certification
 Elements”), RNK must undertake a reasonably
 diligent inquiry and, based on that inquiry, certify that, to the best
 of its knowledge, RNK’s request is consistent with the requirements of the TRRO and 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 and any
 back-up data that Verizon provides or has provided to

 


12









	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 RNK under a non-disclosure agreement or that RNK otherwise possesses.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.1.2

 	
 The
 back-up data that Verizon shall provide to RNK under a nondisclosure
 agreement pursuant to Section 3.6.1.1 above shall include data regarding the number of
 Business Lines and fiber-based collocators
 at non-impaired Wire Centers; provided, however, that Verizon may mask the identity of fiber-based
 collocators in order to prevent
 disclosure to RNK of other carriers’ confidential or proprietary network information. Verizon will provide RNK with
 a translation code in order for RNK
 to identify its fiber-based collocation locations. Verizon shall 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-nondisclosure agreement covering the back-up
 data is in effect between Verizon and RNK at that time. Upon RNK’s
 request, Verizon shall update the back-up
 data to the month in which RNK requests the backup data; provided, however, that Verizon need
 not provide the back-up data for a
 particular Wire Center for a date later than the original date on which the data must have been current to
 establish the level of non-impairment (e.g., Tier 2, etc.) that
 Verizon asserts as to that Wire Center.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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, so long as such method is no more onerous than
 providing certification by letter.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 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,
 Verizon shall immediately process the request in accordance with any
 applicable standard intervals and, for the avoidance of any doubt, shall
 not delay processing the request on the grounds that the request is
 for a TRRO Certification Element. If Verizon wishes to challenge
 RNK’s right to obtain unbundled access to the subject element
 pursuant to 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
 Department or the FCC, or through any dispute resolution process set forth in
 the Agreement that Verizon elects to invoke in the alternative.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.2.2

 	
 If Verizon intends to retroactively reprice a facility or service
 back to the date of provisioning pursuant to section 3.6.2.3 below should
 Verizon prevail in a dispute, then Verizon, within thirty (30) days of the
 date on which it receives RNK’s certification under Section
 3.6.1 above, must notify RNK that Verizon disputes the subject
 order.

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.2.3

 	
 If a dispute
 pursuant to section 3.6.2.2 above is resolved in Verizon’s favor, then RNK shall compensate Verizon for the
 additional charges that would apply
 if RNK had ordered the subject facility or service on a month-to-month term under Verizon’s interstate
 special access tariff (except as provided in section 3.6.2.3.1 below as to
 dark fiber). The month-to-month
 rates shall apply until such time as RNK: (1) requests disconnection of the subject facility; 2)
 requests an alternative term that

 


13








	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 Verizon
 offers under its interstate special access tariff; (3) requests the application of applicable term or volume
 discounts; or (4) negotiates a wholesale special access contract with
 Verizon for the subject facility or service. If RNK has an effective
 wholesale special access contract with Verizon,
 the applicable rates under that contract would apply.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
 3.6.2.3.1

 	
 In the case of Dark Fiber Transport (there being no analogous service under Verizon’s access tariffs), the
 monthly recurring rate that Verizon
 may charge, and that RNK shall be obliged to pay, for each circuit
 shall be no greater than the lowest rates
 RNK could have obtained in the first instance (for the facility to be repriced) had RNK not ordered
 such facility as a UNE. 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.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.2.4

 	
 Notwithstanding any other provision of the Amended Agreement, but subject to and without limiting Section 4.4,
 below, Verizon may reject a RNK order for a TRRO Certification Element
 without first seeking dispute resolution
 in any case where RNK’s order conflicts with a non-impaired Wire Center
 designation that the Department or the FCC has ordered or
 affirmatively approved or that has otherwise been confirmed through previous dispute resolution.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.2.5

 	
 In the event of a situation where the impairment status of a Wire
 Center or transport Route is
 in dispute as of the end of a transition period and if RNK challenges Verizon’s 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 Department or the FCC, or through any
 dispute resolution process set forth in
 the Agreement that Verizon elects to invoke in the alternative.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.2.6

 	
 In accordance with the Order on Compliance, in any case where Verizon, pursuant to Section 3.6.2.3, 3.6.2.3.1,
 or 3.6.2.5 above, is permitted to charge a higher rate upon the dispute being
 resolved in Verizon’s favor,
 Verizon, upon resolution of the dispute, may not impose “late fees” but may request carrying charges,
 such as interest, on the difference
 between the UNE rate and the rate for the non-UNE facility or service.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.6.3

 	
 If Verizon revises or has revised its Wire Center list to add any new
 Wire Centers not listed as of March 11, 2005 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 March 11, 2005, then Verizon,
 to the extent it has not already done so, shall notify RNK in writing of such changes (“Wire Center Update Notice”) and
 the following provisions shall apply:

 


14









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.3.1

 	
 RNK’s embedded base of TRRO Certification Elements that are or become Discontinued Facilities by operation of
 any such change to the Wire Center
 List shall be treated as Discontinued Facilities under Section 3.9.2
 below effective as of ninety (90) days of the date on which Verizon issues (or issued) the Wire Center
 Update Notice (the “Wire Center
 Update Effective Date”). For the avoidance of any doubt, for purposes of applying Section 3.9.2 in the
 foregoing circumstances, the Wire
 Center Update Effective Date 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; provided, however, that if the Wire Center Effective Date is a date earlier than the March
 11, 2006 and September 11, 2006 dates set forth in Section 3.9.2, then the
 applicable TRRO transition rates
 described in Sections 3.4 and 3.5 above shall apply during the period from the Wire Center
 Effective Date to March 11, 2006 (or,
 in the case of Dark Fiber Transport, September 11, 2006).

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 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, effective as of the
 Wire Center Update Effective Date,
 as to any new requests for TRRO Certification Elements affected by the
 changes to the Wire Center list.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.6.3.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.7

 	
 DS-0
 Capacity (i.e., Mass Market) 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
 Mass Market Switching (which, for purposes of this Amendment, means local circuit switching that, if provided to RNK,
 would be used for the purpose of serving
 end-user customers using DS-0 capacity loops, and does not include Four Line Carve Out Switching) on an unbundled
 basis.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.7.2

 	
 RNK shall migrate its embedded end user customer base off of the Mass
 Market 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 Mass Market Switching on an unbundled
 basis for RNK to serve its embedded end user customer base. The price for
 Mass Market Switching in combination with unbundled DS0 capacity loops
 and Shared Transport obtained pursuant to
 this section shall be priced at the transitional
 rates provided for in the Pricing Attachment to this Amendment, 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 Department establishes or has established, if
 any, between June 16, 2004, and the
 effective date of the TRRO, for that combination of network elements, plus one dollar. RNK may not obtain new Mass Market
 Switching as an unbundled network
 element on or after March 11, 2005.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.7.3.1

 	
 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 Mass Market
 Switching arrangement that was in service for that end user customer as of March 11, 2005, and does
 not include adding new

 


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 Mass Market
 Switching arrangements, adding new lines to existing arrangements, adding or
 changing features on an existing arrangement, or serving the embedded end
 user customer at a location different from the
 location at which that customer was served using the subject Mass Market Switching arrangement as of March 11, 2005
 unless such additional lines,
 feature changes, or moves are provided as resale under section 251(c)(4) of the Act or pursuant
 to a separate commercial agreement.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.7.4

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.8

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.8.1

 	
 Prospective Transition Charges. RNK shall, in accordance with the billing provisions of the Agreement, pay any transition
 charges described in section 3 of
 this Amendment that Verizon bills (or has billed) in invoices dated on or
 after July 14, 2005. 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 of July 14, 2005, shall pay any transitional charges
 described in section 3 of this Amendment
 that Verizon already billed to RNK in invoices dated prior to July 14, 2005 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) by August 13,
 2005 any such invoices dated prior
 to July 14, 2005.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.8.2.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.8.3

 	
 Any bills issued by Verizon that include either a transition rate
 charge or a true up charge, shall specifically identify the
 time period for which such transition rate or
 true up applies; the applicable transition rate or true up, and details that enable
 RNK to identify the specific facilities to which the transition rate or true
 up amounts apply.

 


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 3.9

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.9.1

 	
 RNK may, at any time during the TRRO transition periods set forth in
 this Section 3, place orders to convert or migrate to alternative
 arrangements (e.g., a separate
 agreement at market-based rates, arrangement under a Verizon access tariff, or resale) RNK’s embedded base,
 if any, of Discontinued Facilities that
 are subject to those transition periods. Upon RNK’s request, Verizon shall defer the effectiveness of any such orders to a
 later date, but no later than March
 10, 2006 (or, in the case of dark fiber, September 10, 2006). Notwithstanding the foregoing provisions of this
 section, any such order to convert
 or migrate to an alternative arrangement must be placed (or have been placed)
 far enough in advance of March 10, 2006 (or, in the case of dark fiber, September 10, 2006) to account for any standard
 intervals that apply, and RNK must
 complete any necessary preparatory activities in advance such that the conversion order can be provisioned by March 11,
 2006 (or, in the case of dark fiber,
 September 11, 2006).

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.9.1.1

 	
 Repricing Pending Actual Conversion or Migration. The ability of RNK (and other CLECs whose interconnection
 agreements contain similar provisions) to place advance orders under
 Section 3.9.1 may result in requests for
 Verizon to process a significant number of conversions and/or
 migrations within a short time period. Accordingly, if RNK places an order to convert or migrate to an
 alternative service in accordance
 with the requirements of Section 3.9.1 and Verizon does not complete the conversion or migration requested
 by RNK as of the date requested by
 RNK (such requested date being no later than the date required under Section 3.9.1), then Verizon, in
 its sole discretion, may reprice the subject Discontinued Facility effective
 as of that date by application of
 the rate(s) that apply to the available replacement service requested by RNK until such time as Verizon
 completes the actual conversion or migration to that available replacement
 service. Because the repricing
 described in this Section 3.9.1.1 may inherently involve, on a temporary
 basis, the application of rates to a facility or service provisioned through a format for which Verizon’s
 systems are not designed to apply such rates, Verizon, in its sole
 discretion, may 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 Facility and
 has not submitted an order for a replacement service in accordance with Section 3.9.1 above by the
 date required in that section, then Verizon
 may, in its sole discretion, either: (a) disconnect the subject Discontinued Facility on or at any time after
 March 11, 2006 (or, in the case of dark
 fiber, on or at any time after September 11, 2006), provided that Verizon has notified RNK in writing at least thirty
 (30) days in advance of the disconnection
 date, or (b) without further notice to RNK, convert or migrate the subject Discontinued Facility to an analogous
 access (month-to-month term), resale, or commercial arrangement that Verizon
 shall identify in writing at least 30 days in advance 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).

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.9.2.1

 	
 Repricing
 Pending Actual Conversion or Migration. If Verizon
 is unable to complete the conversion or
 migration described in Section 3.9.2 by the applicable date set forth therein, then Verizon may, but shall
 not be required to, reprice the
 subject Discontinued Facility, effective as of

 


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 March 11, 2006 (or in the case of dark fiber, September 11, 2006), by
 application of the rate(s)
 that apply to the analogous access, resale, or commercial arrangement until such time as Verizon completes the actual conversion or migration described in
 Section 3.9.2. Because such repricing may inherently involve, on a temporary
 basis, the application of rates to
 a facility or service provisioned through a format for which Verizon’s systems are not designed to
 apply such rates, Verizon, in its
 sole discretion, may effectuate such repricing by application of a surcharge applicable access,
 resale, or other analogous arrangement that Verizon identifies under
 section 3.9.2 above.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 Section 251(c)(3) Line Sharing in
 accordance with 47 C.F.R. § 51.319(a)(1)(i). For the avoidance of any doubt, the FCC’s transition
 rules set forth in 47 C.F.R. § 51.319(a)(1)(i) became effective independently of this Amendment prior to the
 Amendment Effective Date, and this
 Section 3.10 is only intended to memorialize such rules for the convenience
 of the Parties and in compliance with the Arbitration Orders.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 3.11

 	
 Commingling
 and Combinations.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.11.1

 	
 Commingling.
 Notwithstanding any other provision of the Amended Agreement (but subject to and without limiting Section 4.4
 below, and the conditions set forth in Section 2 above and in Section
 3.11.2 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 Agreement or Amended Agreement
 pursuant to 47 U.S.C. § 251(c)(3) and 47 C.F.R. Part 51, or under a
 Verizon UNE tariff or under other
 applicable law, with Wholesale Services obtained from Verizon, but
 only to the extent and so long as commingling
 and provision of such Network Element (or combination of Network Elements) is required under 47 C.F.R. § 51.318 or other applicable law. As required by the
 Arbitration Orders, “Wholesale Services” as used herein include, but
 are not limited to, any facilities or
 elements that RNK is entitled to obtain from Verizon pursuant to Section 271 of the Act or other law, if any,
 that applies; provided, however, that,
 for the avoidance of any doubt,
 nothing in this Amendment shall be deemed to require Verizon to provide a non-Section 251 element or
 facility at TELRIC rates. Moreover,
 to the extent and so long as required by 47 C.F.R. § 51.318 or other
 applicable law (subject to Sections 3.11.1.3 and 3.11.2 below), Verizon shall, upon request of RNK, perform the functions necessary to commingle or combine UNEs
 with Wholesale Services obtained from Verizon. The rates, terms and conditions of the applicable access tariff or
 separate non-251 agreement 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,”
 as that term is defined by the FCC, shall not be required. UNEs that are
 commingled with Wholesale Services are not included in the shared use
 provisions of the applicable tariff. Verizon may exclude its performance in
 connection with the provisioning of
 commingled facilities and services from standard provisioning
 intervals and from performance measures and

 


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 remedies, if any, contained in the Amended Agreement or elsewhere,
 until such time as a legally effective order of the Department requires new standard provisioning intervals and/or performance measures and remedies for Verizon’s
 provisioning of commingled facilities, at which time such new
 intervals, performance measures, and/or
 remedies shall apply to the extent and for so long as they remain
 effective.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.1.3  

 	
 Limitations
 on Section 3.11.1.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.1.3.1

 	
 [Intentionally Left Blank]

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.1.3.2

 	
 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 (b) to limit any right of Verizon under the Amended Agreement to cease
 providing a facility that is or becomes a Discontinued Facility.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.11.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
                    3.11.2.1    Verizon
 shall not be obligated to provide:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.1.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.1.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.1.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.1.4

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.1.5

 	
 unbundled DS3 Dedicated Transport commingled with DS3
 channel termination service, 

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 (individually
 and collectively “High Capacity EELs”) except to the extent Verizon is required by 47 C.F.R. § 51.318 to do so, and not unless and until RNK certifies in writing (i.e.,
 ASR or LSR) to Verizon that each combined or commingled DS1 circuit or
 DS1 equivalent circuit of a High Capacity
 EEL satisfies each of the service
 eligibility criteria on a circuit-by-circuit basis as set forth in 47 C.F.R. § 51.318. RNK must remain in compliance
 with said service eligibility
 criteria for so long as RNK continues to receive the aforementioned combined or commingled
 facilities and/or services from
 Verizon. The service eligibility criteria shall be

 


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 applied to
 each combined or commingled DS1 circuit or DS1 equivalent circuit of a High
 Capacity EEL. If any combined or commingled
 DS1 circuit or DS1 equivalent circuit of a High Capacity EEL is, becomes, or is subsequently
 determined to be, noncompliant, the noncompliant High Capacity EEL
 circuit will be treated as described in
 Section 3.11.2.2 below. The foregoing shall apply whether the High Capacity EEL circuits in question are being
 provisioned to establish a new circuit or to convert an existing wholesale service, or any part thereof,
 to unbundled network elements. For
 existing High Capacity EEL circuits, RNK
 must re-certify in writing (i.e., letter or, as applicable, ASR or
 LSR) for each DS1 circuit or DS1
 equivalent on or before January 15, 2006 (subject to Section 3.11.2.5.1.4 if
 applicable). Any existing High
 Capacity EEL circuits that RNK leased from Verizon as of July 14, 2005 that RNK failed to re-certify as
 required by Paragraph 3.11.2.1 on
 or before January 15, 2006 (or, if Section 3.11.2.5.1.4 applies, October 13, 2005) shall be treated as a noncompliant circuit as described under Section
 3.11.2.2 effective as of February
 15, 2006 (or, if Section 3.11.2.5.1.4 applies, August 14, 2005).

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.3

 	
 When
 submitting an ASR for a circuit for which certification under Section 3.11.2 above is required, RNK
 should follow Verizon’s ordering guidelines and provide all specified
 supporting information on the ASR related to the circuit’s eligibility, but at a minimum, RNK must include
 the certification in the remarks
 section of the ASR as follows: “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
 unless and until such time as provisions are made to populate other fields on the ASR to capture this certification. Verizon may reject any ASR
 for a circuit

 


20









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 for which
 certification is required under this section if the ASR does not contain the
 required certification.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.4

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.5

 	
 All requests
 for conversions will be handled in accordance with Verizon’s conversion guidelines, and in a manner that is not inconsistent with the Arbitration
 Orders. Each request will be handled as a project and will be excluded
 from all ordering and provisioning
 metrics, until such time as a legally
 effective order of the Department requires new standard provisioning intervals and/or performance measures and
 remedies for Verizon’s provisioning of conversions,
 at which time such new intervals, performance measures, and/or
 remedies shall apply to the extent and for so
 long as they remain effective. Until such time as the DTE orders or permits a different interval (at
 which time such different interval
 shall apply), new rates for converted circuits shall be effective no later than thirty (30) business days
 after RNK submits its order and certification.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.5.1

 	
 To the extent RNK, during the period from July 14, 2005 to October 13, 2005, submitted a written
 request (i.e., electronic mail including a spreadsheet identifying the subject circuits by circuit identification
 number and billing account number)
 for conversion of an access circuit to a UNE High Capacity EEL that
 qualifies for conversion under the terms
 of the Amended Agreement, Verizon,
 for purposes of billing, will begin to
 apply the applicable UNE rates under the terms of the Amended Agreement to such qualifying UNE
 High Capacity EEL (or UNE portion of a commingled High Capacity EEL) effective as of August 25, 2005, provided that the following conditions were also satisfied:

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.5.1.1

 	
 RNK, by 4
 p.m. on October 13, 2005, requested a
 project call with Verizon for the
 above circuits to be held prior to 4 p.m. on October 13, 2005 or as
 soon as possible thereafter to ensure that RNK scheduled the processing of,
 and could proceed to process, ASRs for the
 subject conversions no later than
 November 18, 2005;

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.5.1.2

 	
 RNK submitted the foregoing ASRs for the subject conversions no later than November
 18, 2005;

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.5.1.3

 	
 each of the foregoing ASRs included the certification required by Section 3.11.2.3 above;
 and

 


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 3.11.2.5.1.4

 	
 RNK re-certified, by October 13, 2005, any High Capacity EEL circuits that RNK leased from Verizon as of July 14, 2005 as required
 by Section 3.11.2.1 above.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
 3.11.2.6

 	
 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. Where non-compliance is found, RNK
 must convert all non-compliant circuits to the appropriate service, true up any difference in payments, and
 make the correct payments on a going-forward
 basis. To the extent the
 independent auditor’s report concludes that RNK failed to comply in all material respects with the
 service eligibility criteria, then
 (without limiting Verizon’s rights under Section 3.11.2.2 above) RNK must reimburse Verizon for
 the cost of the independent auditor
 within thirty (30) days after receiving
 a statement of such costs from Verizon. Should the independent auditor
 confirm that RNK complied in all material
 respects with the service eligibility criteria, then RNK shall provide to the
 independent auditor for its verification
 a statement of RNK’s reasonable and verifiable costs of complying with
 any requests of the independent auditor, and Verizon shall, within sixty (60)
 days of the date on which RNK submits such
 costs to the auditor, reimburse RNK
 for its reasonable and verifiable costs verified by the auditor. RNK shall maintain records adequate to
 support its compliance with the
 service eligibility criteria for each DS1 or DS1 equivalent circuit for at
 least eighteen (18) months after the service arrangement in question
 is terminated.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12

 	
 Routine Network Modifications.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 3.12.1

 	
 General Conditions. In accordance with 47 C.F.R. §§ 51.319(a)(7) and (e)(4), 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,

 


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 splicing of
 in-place dark fiber at existing splice points; accessing manholes; deploying bucket trucks to reach aerial cable; and routine activities, if any,
 needed to enable RNK to light a Dark
 Fiber Transport facility that it has obtained from Verizon under the
 Amended Agreement. Routine network
 modifications do not include the construction of a new Loop or new
 Transport facilities, trenching, the
 pulling of cable, the installation of new aerial, buried, or
 underground cable for a requesting telecommunications
 carrier, or the placement of new cable. Verizon shall not be required to perform any routine network modifications to any facility that is or becomes
 a Discontinued Facility.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 3.12.2

 	
 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; provided, however, that at such time as a legally effective order of the Department 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, 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 to require Verizon to provide
 on an unbundled basis any facility that the Amended Agreement does not
 otherwise require Verizon to provide on an unbundled basis.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 4.

 	
 Miscellaneous
 Provisions.

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.1

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.2

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.3

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

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.4

 	
 Scope of Amendment. This Amendment shall amend, modify and revise the Agreement only to the extent set forth expressly herein.
 As used herein, the Agreement, as revised and supplemented by this Amendment, shall be referred to as the
 “Amended Agreement”. Nothing in
 this Amendment shall be deemed to amend or extend the term of the
 Agreement, or to affect the right of a Party to exercise any right of
 termination it may have under the Agreement. This Amendment does not alter,
 modify or revise any

 


23









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 rights and obligations under applicable law contained in the
 Agreement, other than those Section 251 rights and obligations
 specifically addressed in this Amendment.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 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 Department, 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 applicable law.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.6

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 4.7

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.2

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.3

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.4

 	
 [Intentionally
 Left Blank]

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.5

 	
 Dedicated Transport. Dedicated Transport includes Verizon transmission facilities, within a LATA, between Verizon Wire
 Centers or switches (including Verizon switches with line-side
 functionality that terminate loops and are located at RNK’s premises), or between Verizon Wire Centers or switches and
 switches owned by requesting
 telecommunications carriers, including, but not limited to, DS1-, DS3-, and
 OCn-capacity level services, as well as dark fiber, dedicated to

 


24









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
  

 	
 a particular customer or carrier. For the avoidance of any doubt,
 this Section 4.7.5 is
 subject to Section 3.5.4 above, and shall not be construed to require Verizon to provide unbundled access to
 Dedicated Transport that Verizon is not required to provide under Section 3.5.4.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.6

 	
 Discontinued
 Facility. Discontinued Facilities as of the
 Amendment Effective Date are, whether as
 stand-alone facilities or combined or commingled with other facilities: (a)
 any Entrance Facility, subject to Section 3.5.4 above; (b) local circuit switching that, if provided to
 RNK would be used for the purpose of serving
 RNK’s customers using DS1 or above capacity Loops; (c) Mass Market Switching (subject to the transition provisions
 set forth herein for RNK’s embedded
 end user customer base, if any, as of March 11, 2005); (d) Four-Line Carve Out Switching; (e) OCn Loops and OCn
 Dedicated Transport; (f) subject to
 Sections 3.4.1, 3.4.2, and 3.6.2 above, DS1 Loops or DS3 Loops out of any
 Wire Center that meets the FCC’s non-impairment criteria addressed in section
 3.4 of this Amendment; (g) Dark
 Fiber Loops (subject to the transition provisions set forth herein for RNK ‘s embedded base of
 Dark Fiber Loops, if any, as of March 11, 2005); (h) subject to Sections
 3.4.1 and 3.4.2 above, any DS1 Loop or
 DS3 Loop that exceeds the maximum number of such Loops that Verizon is
 required to provide to RNK on an unbundled basis under section 3 of this
 Amendment (subject to the transition requirements set forth therein); (i)
 subject to Sections 3.5.1 and 3.5.2
 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 (subject to the transition requirements set forth therein); (j)
 subject to Sections 3.5.1 and 3.5.2 above, any DS1 Dedicated Transport
 circuit or DS3 Dedicated Transport circuit that exceeds the number of such circuits that Verizon is required to
 provide to RNK on an unbundled basis under section 3 of this
 Amendment; (k) the Feeder portion of a Loop
 (as a stand-alone element); (l) Line Sharing, subject to the TRO transition period addressed herein; (m) any
 Call-Related Database, other than
 the 911 and E911 databases (subject to the transition requirements set forth herein as to any Call-Related Databases
 used in connection with Mass Market Switching for RNK ‘s embedded end user
 customer base for such switching,
 if any, as of March 11, 2005); (n) Signaling (subject to the transition requirements set forth herein as to any
 Signaling used in connection with Mass Market Switching for RNK ‘s embedded end user customer base for such switching, if any, as of March 11, 2005); (o)
 Shared Transport (subject to the transition
 requirements set forth herein as to any Shared Transport used in connection with Mass Market Switching for RNK
 ‘s embedded end user customer base for such switching, if any, as of March
 11, 2005); (p) FTTH Loops (lit or unlit), subject to Section 3.1.2
 above; (q) FTTC Loops (lit or unlit), subject
 to Section 3.1.2 above; (r) Hybrid Loops, subject to Section 3.2 above.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.7

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.8

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.9

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

 


25









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.10

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.11

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.12

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.13

 	
 Fiber-Based
 Collocator. A fiber-based collocator is any carrier,
 unaffiliated with Verizon, that maintains
 a collocation arrangement in a Verizon Wire Center, with active electrical
 power supply, and operates a fiber-optic cable or comparable transmission facility that (1) terminates at a
 collocation arrangement within the Wire Center; (2) leaves the Verizon Wire
 Center premises; and (3) is owned by a party other than Verizon or any
 affiliate of the incumbent LEC, except as set forth in this section.
 Dark fiber obtained from Verizon on an indefeasible right of use basis shall be treated as non-Verizon
 fiber-optic cable. Two or more affiliated
 Fiber-Based Collocators in a single Wire Center shall collectively be counted
 as a single Fiber-Based Collocator. 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.14

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.15

 	
 FTTH Loop.
 A fiber-to-the-home loop (or “FTTH Loop”) is a local loop consisting entirely of fiber optic cable,
 whether dark or lit, serving an end user’s customer premises or, in the case of predominantly residential
 multiple dwelling units (MDUs), a
 fiber optic cable, whether dark or lit, that extends to the multiunit premises’
 minimum point of entry (MPOE). In accordance with the Arbitration Orders,
 FTTH Loops are not limited to those loops being used to provide service to
 residential customers.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.16

 	
 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. In accordance
 with the Arbitration Orders, FTTC loops are not limited to those loops
 being used to provide service to residential customers.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.17

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.18

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.19

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

 


26









	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.20

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.21

 	
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.22

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.23

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.24

 	
 Sub-Loop for Multiunit Premises Access. Any portion of a Loop that is technically feasible to access at a terminal in
 Verizon’s outside plant at or near a multiunit
 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.

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 4.7.25

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

 


27






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


	
  

 	
  

 
	
 RNK, INC. D/B/A RNK TELECOM

 	
 VERIZON NEW ENGLAND INC., d/b/a VERIZON MASSACHUSETTS

 
	
  

 	
  

 
	
 By: /s/ Richard N.
 Koch

 	
 By: /s/ Jeffrey A.
 Masoner

 
	
  

 	
  

 
	
 Printed: Richard
 N. Koch

 	
 Printed: Jeffrey
 A. Masoner

 
	
  

 	
  

 
	
 Title: President

 	
 Title: Vice
 President Interconnection Services Policy and Planning

 


28





Pricing Attachment to the TRO
Amendment


	
  

 	
  

 	
  

 	
  

 
	
 1.

 	
 General 

 
	
  

 	
  

 
	
  

 	
 1.1

 	
 As used in this
 Attachment: 

 
	
  

 	
  

 	
  

 
	
  

 	
  

 	
 1.1.1

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
  

 	
 1.1.2

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

 
	
  

 	
  

 	
  

 	
  

 
	
  

 	
 1.2

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

 
	
  

 	
  

 	
  

 
	
  

 	
 1.3

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

 
	
  

 	
  

 	
  

 
	
  

 	
 1.4

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

 


29





EXHIBIT A1


	
  

 	
  

 	
  

 	
  

 	
  

 
	
 MA NETWORK MODIFICATION - RATE ELEMENT

 	
  

 	
 NON-RECURRING

 CHARGES

 	
  

 
	

 


 	
  

 	

 


 	
  

 
	
 ENGINEERING
 QUERY2

 	
  

 	
 $

 	
 106.49 

 	
 ♦

 
	
 ENGINEERING
 WORK ORDER3

 	
  

 	
 $

 	
 419.01 

 	
 ♦

 
	
 EXPEDITE
 ENGINEERING QUERY2, 4

 	
  

 	
 $

 	
 166.97 

 	
 ♦

 
	
 EXPEDITE
 ENGINEERING WORK ORDER3, 4

 	
  

 	
 $

 	
 674.76 

 	
 ♦

 
	
 REMOVAL
 OF LOAD COILS (>18K FT)

 	
  

 	
 $

 	
 632.01 

 	
 ♦

 
	
 REMOVAL
 OF LOAD COILS (>18K FT) ADDL

 	
  

 	
 $

 	
 632.01 

 	
 ♦

 
	
 EXPEDITE
 REMOVAL OF LOAD COILS (>18K FT)

 	
  

 	
 $

 	
 959.15 

 	
 ♦

 
	
 EXPEDITE
 REMOVAL OF LOAD COILS (>18K FT) ADDL

 	
  

 	
 $

 	
 959.15 

 	
 ♦

 
	
 REMOVAL
 OF SINGLE BRIDGED TAP

 	
  

 	
  

 	
 142.17

 	
 ♦

 
	
 REMOVAL
 OF MULTIPLE BRIDGED TAPS

 	
  

 	
 $

 	
 343.17 

 	
 ♦

 
	
 EXPEDITE
 - REMOVAL OF SINGLE BRIDGED TAP

 	
  

 	
 $

 	
 215.03 

 	
 ♦

 
	
 EXPEDITE
 - REMOVAL OF MULTIPLE BRIDGED TAPS

 	
  

 	
 $

 	
 519.80 

 	
 ♦

 






	
  

 	
  

 
	

 


 	
  

 
	
 1 This Exhibit may contain rates
 and charges for (and/or reference) services, facilities, arrangements and the
 like that Verizon does not have an obligation to provide under the Amended
 Agreement. Notwithstanding any such rates and/or charges (and/or references)
 and, for the avoidance of any doubt, nothing in this Exhibit shall be deemed
 to require Verizon to provide a service, facility, arrangement or the like
 that the Amended Agreement does not require Verizon to provide, or to provide
 a service, facility, arrangement or the like upon rates, terms or conditions
 other than those that may be required by the Amended Agreement.

 
	
  

 
	
 2 Engineering Query Charges apply
 in addition to charges for actual network modification and Engineering Work
 Order charges where applicable; provided however, that if Verizon is not
 permitted under Sections 1.2-1.4 of this Pricing Attachment to charge for a
 particular routine network modification that Verizon is required to perform
 under Section 3.12.1 of the Amendment, then Engineering Query Charges shall
 not apply to that routine network modification until such time as Verizon may
 be permitted to charge for the subject network modification in accordance
 with Section 1.3 of this Pricing Attachment.

 
	
  

 
	
 3 Engineering Work Order Charges
 apply in addition to charges for actual network modification and Engineering
 Query charges where applicable; provided however, that if Verizon is not
 permitted under Sections 1.2-1.4 of this Pricing Attachment to charge for a
 particular routine network modification that Verizon is required to perform
 under Section 3.12.1 of the Amendment, then Engineering Work Order Charges
 shall not apply to that routine network modification until such time as
 Verizon may be permitted to charge for the subject network modification in
 accordance with Section 1.3 of this Pricing Attachment.

 
	
  

 
	
 4 Expedite Charges apply in addition
 to other listed rates.

 
	
  

 
	
 ♦ Massachusetts rates per Verizon DTE MA No. 17
 tariff.

 


30






TRRO TRANSITION RATES5


	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 MA MASS MARKET
 UNE-P - RATE ELEMENT

 	
  

 	
 RATE

 	
  

 	
 TRRO

 Effective

 Date

 	
  

 	
 NEW MRC

 ($1.00 INCREASE)

 	
  

 
	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
 Remote Call Forwarding Port

 	
  

 	
 $

 	
 1.57

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 2.57

 	
  

 
	
 Unbundled-B-ISDN Port

 	
  

 	
 $

 	
 7.46

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 8.46

 	
  

 
	
 P-Phone/Centrex Port Electronic
 Key Tele Port

 	
  

 	
 $

 	
 7.46

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 8.46

 	
  

 
	
 PAL Line Identifier

 	
  

 	
 $

 	
 2.22

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 3.22

 	
  

 
	
 COIN Port

 	
  

 	
 $

 	
 2.48

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 3.48

 	
  

 
	
 Unbundled Line Port

 	
  

 	
 $

 	
 2.22

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 3.22

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 MA DARK FIBER
 LOOP - RATE ELEMENT

 	
  

 	
 RATE

 	
  

 	
 TRRO

 Effective

 Date

 	
  

 	
 NEW MRC

 (15% Increase)

 	
  

 
	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
 Serving Wire Center Charge

 	
  

 	
 $

 	
 10.04

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 11.55

 	
  

 
	
 Loop Fixed Charge

 	
  

 	
 $

 	
 5.44

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 6.26

 	
  

 
	
 Loop Mileage Charge per 1/10 mile
 – METRO

 	
  

 	
 $

 	
 5.04

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 5.80

 	
  

 
	
 Loop Mileage Charge per 1/10 mile
 – URBAN

 	
  

 	
 $

 	
 4.82

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 5.54

 	
  

 
	
 Loop Mileage Charge per 1/10 mile
 – SUBURBAN

 	
  

 	
 $

 	
 4.73

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 5.44

 	
  

 
	
 Loop Mileage Charge per 1/10 mile
 – RURAL

 	
  

 	
 $

 	
 4.44

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 5.11

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 MA DARK FIBER
 IOF - RATE ELEMENT

 	
  

 	
 RATE

 	
  

 	
 TRRO

 Effective

 Date

 	
  

 	
 NEW MRC

 (15% Increase)

 	
  

 
	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
 IOF Channel Term Fixed Charge

 	
  

 	
 $

 	
 5.44

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 6.26

 	
  

 
	
 Serving Wire Center Charge

 	
  

 	
 $

 	
 10.04

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 11.55

 	
  

 
	
 Mileage per 1/10 Mile

 	
  

 	
 $

 	
 4.97

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 5.72

 	
  

 
	
 Per Intermediate Cross-connection
 & jumper cables

 	
  

 	
 $

 	
 18.79

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 21.61

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 MA DS1/DS3/DARK
 FIBER TRANSPORT - RATE ELEMENT

 	
  

 	
 RATE

 	
  

 	
 TRRO

 Effective

 Date

 	
  

 	
 NEW MRC

 (15% Increase)

 	
  

 
	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
 DS1 Fixed

 	
  

 	
 $

 	
 37.12

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 42.69

 	
  

 
	
 DS1 per Mile

 	
  

 	
 $

 	
 1.20

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 1.38

 	
  

 
	
 DS3 Fixed

 	
  

 	
 $

 	
 356.41

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 409.87

 	
  

 
	
 DS3 per Mile

 	
  

 	
 $

 	
 16.42

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 18.88

 	
  

 
	
 DS3/DS1 Mux

 	
  

 	
 $

 	
 483.34

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 555.84

 	
  

 





	
  

 
	

 


 
	
 5 The
 rates in this section reflect increases authorized by the FCC’s Triennial
 Review Remand Order (TRRO) for RNK’s embedded base of UNEs that are subject
 to the TRRO transition provisions described in the attached Amendment. The
 rate elements set forth in this section are only those for which rate
 recalculation was required to reflect the TRRO rate increases. Additional
 rates and charges may apply pursuant to the underlying Agreement (including
 any tariffs referenced therein). Also, if the Parties enter (or have entered)
 a separate commercial agreement for UNE replacement services, the rates and
 charges set forth herein may be superseded by rates and charges set forth in
 the separate commercial agreement.

 


31









	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 DS1 Channel Activation

 	
  

 	
 $

 	
 17.26

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 19.85

 	
  

 
	
 DS1/DS0 Mux

 	
  

 	
 $

 	
 312.29

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 359.13

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 MA DS1/DS3 LOOP
 - RATE ELEMENT

 	
  

 	
 RATE

 	
  

 	
 TRRO

 Effective

 Date

 	
  

 	
 NEW MRC

 (15% Increase)

 	
  

 
	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
 DS1 Loop – METRO

 	
  

 	
 $

 	
 54.44

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 62.61

 	
  

 
	
 DS1 Loop – URBAN

 	
  

 	
 $

 	
 73.61

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 84.65

 	
  

 
	
 DS1 Loop – SUBURBAN

 	
  

 	
 $

 	
 83.85

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 96.43

 	
  

 
	
 DS1 Loop – RURAL

 	
  

 	
 $

 	
 130.71

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 150.32

 	
  

 
	
 DS3 Loop

 	
  

 	
 $

 	
 762.68

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 877.08

 	
  

 
	
 DS3 Loop per 1/4 mile

 	
  

 	
 $

 	
 8.29

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 9.53

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 MA DS1/DS3 EEL
 LOOP - RATE ELEMENT

 	
  

 	
 RATE

 	
  

 	
 TRRO

 Effective

 Date

 	
  

 	
 NEW MRC

 (15% Increase)

 	
  

 
	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
 DS1 Loop – METRO

 	
  

 	
 $

 	
 54.44

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 62.61

 	
  

 
	
 DS1 Loop – URBAN

 	
  

 	
 $

 	
 73.61

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 84.65

 	
  

 
	
 DS1 Loop – SUBURBAN

 	
  

 	
 $

 	
 83.85

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 96.43

 	
  

 
	
 DS1 Loop – RURAL

 	
  

 	
 $

 	
 130.71

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 150.32

 	
  

 
	
 DS3 Loop

 	
  

 	
 $

 	
 762.68

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 877.08

 	
  

 
	
 DS3 Loop per 1/4 mile

 	
  

 	
 $

 	
 8.29

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 9.53

 	
  

 
	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 	
  

 
	
 MA DS1/DS3
 EELTRANSPORT – RATE ELEMENT

 	
  

 	
 RATE

 	
  

 	
 TRRO

 Effective

 Date

 	
  

 	
 NEW MRC

 (15% Increase)

 	
  

 
	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 	

 


 	
  

 
	
 DS1 Fixed

 	
  

 	
 $

 	
 37.12

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 42.69

 	
  

 
	
 DS1 per Mile

 	
  

 	
 $

 	
 1.20

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 1.38

 	
  

 
	
 DS3 Fixed

 	
  

 	
 $

 	
 356.41

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 409.87

 	
  

 
	
 DS3 per Mile

 	
  

 	
 $

 	
 16.42

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 18.88

 	
  

 
	
 DS3/DS1 Mux

 	
  

 	
 $

 	
 483.34

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 555.84

 	
  

 
	
 DS1 Channel Activation

 	
  

 	
 $

 	
 17.26

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 19.85

 	
  

 
	
 DS1/DS0 Mux

 	
  

 	
 $

 	
 312.29

 	
  

 	
 3/11/2005

 	
  

 	
 $

 	
 359.13

 	
  

 


32