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AMENDMENT–ROUTINE NETWORK MODIFICATIONS/SOUTHWESTERN BELL TELEPHONE COMPANY
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AT&T TEXAS/BROADVIEW NETWORKS, INC.
073107
AMENDMENT TO
INTERCONNECTION AGREEMENT
BETWEEN
SOUTHWESTERN BELL TELEPHONE COMPANY d/b/a AT&T TEXAS
AND
BROADVIEW NETWORKS, INC.
This Amendment amends the Interconnection Agreement by and between Southwestern Bell Telephone Company 1
d/b/a AT&T Texas (“AT&T”) and Broadview Networks, Inc. (“CLEC”). AT&T and CLEC are hereinafter referred to
collectively as the “Parties” and individually as a "Party". This Amendment applies in AT&T’s service territory in the
State of Texas.
WITNESSETH:
WHEREAS, AT&T and CLEC are Parties to an Interconnection Agreement under Sections 251 and 252 of the
Communications Act of 1934, as amended [the “Act”], dated 9/19/2005 (the "Agreement"); and
WHEREAS, the United States District Court for the Western District of Texas issued its order (“Order”) in Case
No. A-05-CA-862-SS, on August 30, 2006, concluding that certain terms and conditions regarding AT&T’s obligation
to provide routine network modifications to unbundled network elements must be removed from Section 4.5.2 of
Attachment 6: 251(c)(3) Unbundled Network Elements; and
WHEREAS, provisions of the Agreement require the incorporation into the Agreement the terms and conditions
established by the Order.
NOW, THEREFORE, in consideration of the promises and mutual agreements set forth herein, the Parties agree
to amend the Agreement as follows:
1. The first sentence in Section 4.5.2 of Attachment 6: 251(c)(3) Unbundled Network Elements is amended by
deleting the following phrase: “without additional charges or minimum term commitments.” Section 4.5.2 as
amended now reads as follows in its entirety:
4.5.2 A routine network modification is an activity that SBC TEXAS regularly undertakes for its own retail
customers. Routine network modifications include those activities that SBC TEXAS undertakes to
provide service to its own retail customers using loops of the same type and capacity requested by
the requesting telecommunications carriers under the same conditions and in the same manner
that SBC TEXAS does for its own retail customers, subject to the limitations of 4.5.2.1, below.
Routine network modifications may entail activities such as accessing manholes, deploying bucket
trucks to reach aerial cable, and installing equipment casings, splicing of cable, adding a doubler,
adding an equipment case, adding a smart jack, installing a repeater shelf, adding a line card, and
deploying a new multiplexer or reconfiguring an existing multiplexer.
2. Conflict between this Amendment and the Agreement. This Amendment shall be deemed to revise the terms
and provisions of the Agreement only 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 2.
1 On December 30, 2001, Southwestern Bell Telephone Company (a Missouri corporation) was merged with and into Southwestern Bell Texas, Inc. (a Texas
corporation) and, pursuant to Texas law, was converted to Southwestern Bell Telephone, L.P., a Texas limited partnership. On June 29, 2007, Southwestern
Bell Telephone, L.P., a Texas limited partnership, was merged with and into SWBT Inc., a Missouri corporation, with SWBT Inc. as the survivor entity.
Simultaneous with the merger, SWBT Inc. changed its name to Southwestern Bell Telephone Company. Southwestern Bell Telephone Company is doing
business in Texas as “AT&T Texas”. Name change approval request(s) may be pending with the appropriate state regulatory authorities.