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Untitled - AT&T Clec Online

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AMENDMENT – TX DOCKET 31303 WIRE CENTER PROCEEDING/SOUTHWESTERN BELL TELEPHONE, L.P.<br />

PAGE 1 OF 3<br />

AT&T TEXAS/BROADVIEW NETWORKS, INC.<br />

062306<br />

AMENDMENT TO<br />

INTERCONNECTION AGREEMENT<br />

BETWEEN<br />

SOUTHWESTERN BELL TELEPHONE, L.P. d/b/a AT&T TEXAS<br />

AND<br />

BROADVIEW NETWORKS, INC.<br />

This Amendment amends the Interconnection Agreement by and between Southwestern Bell Telephone, L.P. d/b/a<br />

AT&T Texas 1 (“AT&T”) and Broadview Networks, Inc. (“CLEC”). AT&T and CLEC are hereinafter referred to<br />

collectively as the “Parties” and individually as a "Party". This Amendment applies in AT&T’s service territory in the<br />

State of Texas.<br />

WITNESSETH:<br />

WHEREAS, AT&T and CLEC are Parties to an Interconnection Agreement under Sections 251 and 252 of the<br />

Communications Act of 1934, as amended [the “Act”], dated September 19, 2005 (the "Agreement"); and<br />

WHEREAS, the Public Utility Commission of Texas issued an order (“Order”) in Docket No. 31303, on April 7,<br />

2006, setting forth the methodology to determine AT&T Texas Wire Centers which are non-impaired;<br />

WHEREAS, provisions of the Agreement require the incorporation into the Agreement the terms and conditions<br />

established by the Order;<br />

NOW, THEREFORE, in consideration of the promises and mutual agreements set forth herein, the Parties agree<br />

to amend the Agreement as follows:<br />

1. The Parties agree that the Agreement should be amended by the addition of the terms and conditions set forth in<br />

Attachment A attached hereto.<br />

2. Conflict between this Amendment and the Agreement. This Amendment shall be deemed to revise the terms<br />

and provisions of the Agreement only to the extent necessary to give effect to the terms and provisions of this<br />

Amendment. In the event of a conflict between the terms and provisions of this Amendment and the terms and<br />

provisions of the Agreement this Amendment shall govern, provided, however, that the fact that a term or<br />

provision appears in this Amendment but not in the Agreement, or in the Agreement but not in this Amendment,<br />

shall not be interpreted as, or deemed grounds for finding, a conflict for purposes of this Section 2.<br />

3. Counterparts. This Amendment may be executed in one or more counterparts, each of which when so executed<br />

and delivered shall be an original and all of which together shall constitute one and the same instrument.<br />

4. Captions. The Parties acknowledge that the captions in this Amendment have been inserted solely for<br />

convenience of reference and in no way define or limit the scope or substance of any term or provision of this<br />

Amendment.<br />

5. Scope of Amendment. This Amendment shall amend, modify and revise the Agreement only to the extent set<br />

forth expressly in Section 1 of this Amendment. Nothing in this Amendment shall be deemed to amend or<br />

extend the term of the Agreement, or to affect the right of a Party to exercise any right of termination it may have<br />

under the Agreement. Nothing in this Amendment shall affect the general application and effectiveness of the<br />

Agreement’s “change of law,” “intervening law”, “successor rates” and/or any similarly purposed provisions. The<br />

rights and obligations set forth in this Amendment apply in addition to any other rights and obligations that may<br />

be created by such intervening law, change in law or other substantively similar provision.<br />

1 On December 30, 2001, Southwestern Bell Telephone Company (a Missouri corporation) was merged with and into Southwestern Bell Texas, Inc. (a Texas<br />

corporation) and, pursuant to Texas law, was converted to Southwestern Bell Telephone, L.P., a Texas limited partnership. Southwestern Bell Telephone, L.P. is<br />

now doing business in Texas as AT&T Texas.

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