Michigan Amendment by doriann

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									                                                  SBC-MICHIGAN AMENDMENT - PRICING U-12696
                                                                                 PAGE 1 OF 5
                                                            SBC-13 STATE/1-800-RECONEX, INC.
                                                                                     050302

                                 AMENDMENT NO. 2
                                       to
                           INTERCONNECTION AGREEMENT

                                        by and between

                                 AMERITECH MICHIGAN

                                              and

                                    1-800-RECONEX, Inc.

       This Amendment No. 2 is to the Interconnection Agreement under Sections 251 and 252
of the Telecommunications Act of 1996, as may have been previously amended (“Agreement”)
between 1-800-RECONEX, Inc. (“CLEC”) and Michigan Bell Telephone Company d/b/a
“Ameritech Michigan” (“Ameritech”).

        WHEREAS, pursuant to, among other provisions, Section 2.11.3, wherein CLEC and
Ameritech agreed to incorporate new rates, prices and charges set by the Michigan Public Service
Commission (“Commission”) into the Agreement, the parties wish to incorporate new rates,
prices, and charges from Docket No. U-12696 as set forth herein;

        WHEREAS, in separate proceedings (Case No. U-13005, TelNet Worldwide, Inc., and
Case No. U-13006, MichTel, Inc.) that are both subject to pending appeals in federal district
court filed by Ameritech, the Commission has indicated that it requires that rate changes be
subject to approved amendments to interconnection agreements as applicable (“Orders”); and

       WHEREAS, in accordance with those Commission decisions but without affecting or
waiving any rights as to those Ameritech appeals and notwithstanding the fact that the
Agreement has expired, CLEC and Ameritech wish to modify the rates to be applied between
them under the Agreement during the various periods, as set forth herein.

        NOW, THEREFORE, for good and valuable consideration, the sufficiency and receipt of
which is hereby acknowledged, CLEC and Ameritech hereby amend the Agreement to modify
the rates and rate structures that apply between them as follows:

1.     Solely to effectuate the pricing changes contemplated by the Agreement in an amendment
       to be approved before the Commission in the manner required by the Orders and for no
       other reason, the rates in the Pricing Schedule to the Agreement are removed and replaced
       with the applicable new rates and rate structure(s) in various orders in Case No. U-12696
       as reflected in the Ameritech tariff sheets approved by the Commission. The new rates
       and rate structure in the attached revised Pricing Schedule(s) shall apply to various time
       periods as set forth in such Schedule(s) in accordance with the applicable tariff effective
                                               SBC-MICHIGAN AMENDMENT - PRICING U-12696
                                                                              PAGE 2 OF 5
                                                         SBC-13 STATE/1-800-RECONEX, INC.
                                                                                  050302

     dates. A copy of the revised Pricing Schedule(s) is attached as Exhibit A and
     incorporated herein.

2.   Notwithstanding anything to the contrary, including anything in the Agreement or this
     Amendment (including any time period set forth in any attached revised Pricing
     Schedule), in no event shall this Amendment result in the retroactive application of any
     rate or rate structure to any date earlier than the actual date that the Agreement became
     effective between CLEC and Ameritech Michigan following Commission approval or, if
     absent such Commission approval, the date such Agreement was deemed approved by
     operation of law. By way of example only and without limiting the foregoing, if CLEC
     adopted the Agreement (including, if applicable, this Amendment and any other
     amendment) (“Adopting CLEC”) pursuant to 47 U.S.C. § 252(i) after the tariff effective
     date of a particular rate change, that rate change would only apply prospectively
     beginning from the date that the Agreement (including, if applicable, this Amendment
     and any other amendment) became effective between the Adopting CLEC and Ameritech
     Michigan following the Commission’s order approving the Adopting CLEC’s Section
     252(i) adoption or, if absent such Commission approval, the date such Agreement was
     deemed approved by operation of law (“Section 252(i) Effective Date”), and that rate
     change would not in any manner apply retroactively prior to the Section 252(i) Effective
     Date.

3.   This Amendment shall not modify or extend the Effective Date or Term of the Agreement
     or in any way revive the Term (which is now expired although the parties continue to
     operate under the Agreement until replaced by a successor agreement), but rather shall be
     coterminous with the Agreement.

4.   EXCEPT AS MODIFIED HEREIN, ALL OTHER TERMS AND CONDITIONS OF
     THE AGREEMENT SHALL REMAIN UNCHANGED AND IN FULL FORCE AND
     EFFECT. This Amendment supersedes all previous proposals, both verbal and written,
     and all prior amendments, letters or proposals between the parties pertaining to the
     revised rates ordered in Commission Case No. U-12696.

5.   This Amendment shall be filed with the Commission and shall be effective ten (10) days
     after approval by the Commission or, absent such Commission approval, the date this
     Amendment is deemed approved under Section 252(e)(4) of the Act; provided, however,
     that once effective, the rates shall be applied in accordance with this Amendment.

6.   Legitimately Related: The Parties acknowledge and agree that each rate, term and
     condition (“Provision(s)”) in this Amendment is consideration for, a condition of and
     legitimately related to every other Provision in or referred to in this Amendment and the
     Agreement itself. The Parties further acknowledge and agree that the Provisions set forth
     in this Amendment are non-severable from each other, or from the Agreement.
                                                SBC-MICHIGAN AMENDMENT - PRICING U-12696
                                                                               PAGE 3 OF 5
                                                          SBC-13 STATE/1-800-RECONEX, INC.
                                                                                   050302

7.   The Parties acknowledge and agree that this Amendment incorporates certain rates (“the
     Non-Voluntary Provisions”) into the Agreement that were ordered by the Commission in
     Case No. U-12696 (“Decisions”) and are being provided to CLEC solely as a result of
     such Decisions. The Parties further acknowledge and agree that the Non-Voluntary
     Provisions are subject to any legal or equitable rights of review and remedies (including
     agency reconsideration and court review). In the event that any reconsideration, agency
     order, appeal, court order or opinion, stay, injunction or other action by any state or
     federal regulatory body or court of competent jurisdiction stays, modifies such Decisions
     or otherwise affects such Non-Voluntary Provisions, either Party may, by providing
     written notice to the other Party, require that such Non-Voluntary Provisions be deleted or
     renegotiated, as applicable, in good faith and that the Agreement be amended accordingly.
     If such modifications to the Agreement are not executed within sixty (60) calendar days
     after the date of such notice, a Party may pursue any rights available to it under the
     Agreement. The Parties further acknowledge and agree that because the Non-Voluntary
     Provisions are being incorporated herein solely due to the Decisions and constitute tariff
     terms, conditions or prices, and/or are arbitration results and/or prices, the Non-Voluntary
     and legitimately related Provisions do not qualify for portability under Paragraph 43 of
     the SBC/Ameritech Merger Conditions, approved by the FCC its Memorandum Opinion
     and Order, CC Docket 98-141 (rel. October 8, 1999) or any other applicable MFN
     Merger Conditions and are not available in any state other than Michigan. Also, on
     September 27, 2001, the Michigan Public Service Commission released an Opinion and
     Order in Case No. U-13005 (TelNet Worldwide, Inc.) and an Opinion and Order in Case
     No. U-13006 (MichTel, Inc.), which are both subject to pending appeals in federal district
     court. By executing this amendment, seeking its approval by the Commission, and
     carrying out its provisions, Ameritech does not waive or otherwise prejudice those
     appeals, or any of its rights, remedies or arguments with respect to any such decisions and
     any remands thereof.
                                                             SBC-MICHIGAN AMENDMENT - PRICING U-12696
                                                                                            PAGE 4 OF 5
                                                                       SBC-13 STATE/1-800-RECONEX, INC.
                                                                                                050302

IN WITNESS WHEREOF, the parties have caused this Amendment to the Agreement to be
executed in triplicate as of this ______ day of __________, 2002.


1-800-RECONEX, Inc.                                     *Michigan Bell Telephone Company d/b/a
                                                        Ameritech Michigan by SBC
                                                        Telecommunications, Inc., its authorized agent



By:__________________________                          By:_____________________________

Title:________________________                         Title: President - Industry Markets

Name: _______________________                          Name: ________________________
             (Print or Type)                                             (Print or Type)

Date: ________________________                         Date: _________________________

* On January 25, 1999, the United States Supreme Court issued its opinion in AT&T Corp. v. Iowa Utilities Board,
525 U.S. 366 (1999) (and on remand Iowa Utilities Board v. FCC, 219 F.3d 744 (8th Cir. 2000)) and on June 1,
1999, the United States Supreme Court issued its opinion in Ameritech v. FCC, No. 98-1381, 1999 WL 116994,
1999 Lexis 3671 (June 1, 1999). In addition, on July 18, 2000, the United States Court of Appeals for the Eighth
Circuit issued its opinion in Iowa Utilities Board v. FCC, No. 96-3321, 2000 Lexis 17234 (July 18, 2000), which is
the subject of a pending appeal before the Supreme Court. In addition, on November 5, 1999, the FCC issued its
Third Report and Order and Fourth Further Notice of Proposed Rulemaking in CC Docket No. 96-96 (FCC 99-238),
including the FCC’s Supplemental Order issued In the Matter of the Local Competition Provisions of the
Telecommunications Act of 1996, in CC Docket No. 96-98 (FCC 99-370) (rel. November 24, 1999), which is the
subject of a pending request for reconsideration and a pending appeal. By executing this amendment, Ameritech
Michigan does not waive any of its rights, remedies or arguments with respect to any such decisions or proceedings
and any remands thereof, or any other decisions or proceedings, including its right to seek legal review or a stay of
any decisions and its rights contained in the Interconnection Agreement. Ameritech Michigan further notes that on
April 27, 2001, the FCC released its Order on Remand and Report and Order in CC Dockets No. 96-98 and 99-68,
In the Matter of the Local Competition Provisions in the Telecommunications Act of 1996; Intercarrier
Compensation for ISP-bound Traffic (the “ISP Intercarrier Compensation Order.”) By executing this Amendment
and carrying out the intercarrier compensation rates, terms and conditions herein, Ameritech Michigan does not
waive any of its rights, and expressly reserves all of its rights, under the ISP Intercarrier Compensation Order,
including but not limited to its right to exercise its option at any time in the future to invoke the Intervening Law or
Change of Law provisions and to adopt on a date specified by Ameritech Michigan the FCC ISP terminating
compensation plan, after which date ISP-bound traffic will be subject to the FCC's prescribed terminating
compensation rates, and other terms and conditions.
              SBC-MICHIGAN AMENDMENT - PRICING U-12696
                                             PAGE 5 OF 5
                        SBC-13 STATE/1-800-RECONEX, INC.
                                                 050302

       EXHIBIT A

Revised Pricing Schedule(s)
 TBD - To be determined                                       AMERITECH                                       APPENDIX PRICING
 NRO - Nonrecurring only                                  TELEPHONE COMPANY                       AMERITECH/ 1-800 RECONEX, INC.
 ICB - Individal Case Basis                                    MICHIGAN
 NA - Not Applicable                                             Rates


                                                                              AIT Generic Rates
MICHIGAN                                                                      AIT RECURRING        AIT NON-REC.
                                                                                  Monthly          Initial        Additional




UNBUNDLED NETWORK ELEMENTS

RECIPROCAL COMPENSATION
    End Office Local Termination
               Set up charge, per call                                        $    0.001885
               Duration charge, per MOU                                       $    0.000605

    Tandem Switching
             Set up charge, per call                                          $    0.000131
              Duration charge, per MOU                                        $    0.000234

    Tandem Transport Termination
              Set up charge, per call                                         $    0.000087
              Duration charge, per MOU                                        $    0.000156

    Tandem Transport Facility Mileage, per MOU per mile                       $    0.000002

TRANSIT SERVICE

    Tandem Switching
             per minute of use                                                $    0.004985                  NA

    Tandem Termination
             per minute of use                                                $    0.000156                  NA

    Tandem Facility
             per minute of use                                                $    0.000036                  NA




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