FRIEND, HUDAK & HARRIS, LLP
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1 FRIEND, HUDAK & HARRIS, LLP ATTORNEYS AT LAW SUITE 1700 THREE RAVINIA DRIVE ATLANTA, GEORGIA (770) FACSIMILE (770) WEB October 16, 2014 Writer's VIA ELECTRONIC FILING Mary Jo Kunkle Executive Secretary Michigan Public Service Commission 4300 West Saginaw Highway Lansing Michigan Re: First Amendment to Local Traffic Exchange Agreement; Docket No. U Dear Ms. Kunkle: Pursuant to the request of Ms. Carisa Neu of the Commission s staff, enclosed for re-filing is the Joint Application Requesting Approval of the First Amendment to the Local Traffic Exchange Agreement between Charter Fiberlink - Michigan, LLC ( Charter ) and Telephone Company ( ). The Joint Application was first filed on September 18, 2014 in Docket No. U Insasmuch as Docket No. U concerns Local Traffic Exchange Agreements between Charter and eighteen separate incumbent carriers, the First Amendment is being filed in a new docket to avoid the potential confusion of multiple first amendments being filed under the same docket number. The First Amendment that is the subject of this Joint Application amends only the Local Traffic Exchange Agreement between Charter and and has no effect on the other Local Exchange Agreements approved by the Commission in Docket No. U If you have any questions regarding the foregoing, please contact the undersigned. Very truly yours, CVG/jh Enc. cc: Charter Fiberlink - Michigan, LLC Telephone Company Charles A. Hudak, Esq. Charles V. Gerkin, Jr. Counsel to Charter Fiberlink - Michigan, LLC
2
3 1. Charter is a licensed local exchange carrier providing service to the public in Michigan. 2. is a licensed local exchange carrier providing service to the public in Michigan. 3. The Commission approved a Local Traffic Exchange Agreement (Agreement) between Charter and in its Order dated December 4, 2008 in Case No. U Pursuant to 252 of the federal Act, 47 USC 252, Charter and have agreed to amend the Agreement to add the call routes between the Lakeview and Weidman exchanges and the exchange in Schedule 1.13 of the Agreement. 5. Pursuant to 47 USC 252(e)(l), Charter and jointly request expedited approval of the First Amendment without any public hearing or formal solicitation of comments. No hearing is necessary under 203 of the MTA, MCL , nor under 47 USC 252. WHEREFORE, Charter and jointly request that this Commission issue an order approving the First Amendment pursuant to 252( e )(1) of the federal Act. Respectfully submitted, BLANCHARD TELEPHONE COMPANY By: Chari V. Gerkin, Jr. FRIEND, HUDAK & HARRIS, LLP Three Ravinia Drive, Suite 1700 Atlanta, Georgia Its Attorney By: Duane Bronson Executive V.P. and General Manager Telephone Company 425 Main Street P.O. Box 67, MI
4 EXHIBIT A
5 Amendment No. 1 to LOCAL TRAFFIC EXCHANGE AGREEMENT between Telephone Company and Charter Fiberlink- Michigan, LLC This AMENDMENT NO.1 (the "Amendment") to the Local Traffic Exchange Agreement by and between Telephone Company ("") and Charter Fiberlink- Michigan, LLC ("Charter"), dated September 1, 2008, shall be deemed effective on September 1, 2014 (the "Amendment Effective Date"). and Charter may be hereinafter referred to individually as a "Party'' and collectively as the "Parties." Witnesseth: WHEREAS, and Charter are Parties to a Local Traffic Exchange Agreement under subsections 251(a) and (b) ofthe Communications Act of 1934, as amended, dated September 1, 2008 (the "Agreement"); and WHEREAS, Charter intends to provide local telephone service in the Lakeview Rate Center and the Weidman Rate Center that are within the Extended Area Service calling scope of the Rate Center within which provides local telephone service; and WHEREAS, the Parties desire to add the call routes between the Lakeview Rate Center and the Weidman Rate Center and the Rate Center to the scope of the Agreement; and Now, THEREFORE, in consideration of the mutual promises contained herein, the receipt and sufficiency ofwhich are hereby acknowledged, the Parties agree as follows: 1. Amendment to Agreement. The Agreement is hereby amended by deleting Schedule 1.13 in its entirety and by replacing it with the new Schedule 1.13 which is attached hereto and incorporated herein. 2. Miscellaneous Provisions. 2.1 Defmed Terms. Capitalized terms used and not otherwise defined herein have the meanings set forth in the Agreement. 2.2 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. 2.3 Scope of Amendment. Except as provided in this Amendment, the Agreement is unmodified and shall remain in full force and effect after the Amendment Effective Date.
6 IN WITNESS WHEREOF, the Parties have caused this AMENDMENT NO. 1 TO LOCAL TRAFFIC EXCHANGE AGREEMENT to be executed on their behalf by their duly authorized representatives on the dates set forth below. : Telephone Company Charter: Charter Fiberlink - Michigan, LLC By: Charter Communications, Inc., its Manager By: ~~~~~~~~~-- Name: ~~~~~~~~-- Title: t~=...l.~-f--1~'-~-- Date:... =-J._._~,...-c"-"-L By: Name: Peggy L. Giaminetti Title: Vice President, Circuit Operations Date: 2
7 IN WITNESS WHEREOF, the Parties have caused this AMENDMENT NO. 1 1U LOCAL TRAFFIC EXCHANGE AGREEMENT to be executed on their behalf by their duly authorized representatives on the dates set forth below. : Telephone Company Charter: Charter Fiberlink - Michigan, LLC By: Charter Communications, Inc., its Manager By: Name: Title: Date: By: I ' Na. g. 1aminett i Title: Vr e P~es ide}' Circuit Operations Date: '0( )4:) ;_It{ 2
8 Schedule 1.13 This Agreement applies only to the exchange of Local Traffic and ISP-bound Traffic on the following routes: A. Blane hard: Rate Center: Charter EAS Rate Center: Edmore Mt. Pleasant Lakeview Weidman B. Charter: Charter Rate Center: EAS Rate Center: Edmore Mt. Pleasant Lakeview Weidman
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