FIFTH AMENDMENT TO
CONTRACT FOR ALASKA ACCESS SERVICES
This FIFTH AMENDMENT to the CONTRACT FOR ALASKA ACCESS SERVICES is made as of
this 13 day of April, 1999, between GENERAL COMMUNICATION, INC. and its wholly
owned subsidiary, GCI COMMUNICATION CORP., an Alaska Corporation (together
"GCI") with offices located at 2550 Denali Street, Suite 1000, Anchorage, Alaska
99503-2781, and SPRINT COMMUNICATIONS COMPANY L.P., a Delaware Limited
Partnership, ("Sprint") with offices located at 3100 Cumberland Circle, Atlanta,
Georgia 30339.
WHEREAS, GCI and Sprint entered into a contract for ALASKA ACCESS SERVICES,
effective as of July 1, 1993, and
WHEREAS, GCI and Sprint desire to amend the Contract.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, GCI and Sprint agree as follows:
1. Paragraph 1. DEFINITIONS, shall be amended to include a new Section 1.
G. as follows:
(G) ******** Alaska ******** Service: All ******** requirements where
one or more termination points reside within the State of Alaska.
2. Paragraph 2. A. of the contract shall be deleted and the following
inserted in its place:
A. Sprint Traffic. Sprint will use their best effort to utilize the
transmission services of GCI for both Sprint Traffic and ********
Alaska ******** Services and GCI will transmit these services as
follows:
3. Paragraph 2. TRAFFIC SERVICES, CHARGES AND STANDARDS, shall be amended
to include a new section 2. A. (6) as follows:
(6) ******** Alaska ******** Service. GCI shall interconnect with
Sprint at the GCI POP in Seattle, Washington. GCI shall provide the
required bandwidth to the Alaska destination and coordinate the
conn/ection to the customer location.
4. Paragraph 2. B. (1) of the contract shall be deleted and the following
inserted in its place:
(1) ******** shall be charged at the following rates per minute in the
appropriate periods:
Date Rate in Dollars
---- ---------------
March 1, 1999 ********
January 1, 2000 ********
January 1, 2002 and thereafter ********
[CERTAIN INFORMATION HAS BEEN REDACTED FROM THIS DOCUMENT WHICH THE COMPANY
DESIRES TO KEEP UNDISCLOSED AND A COPY OF THE UNREDACTED DOCUMENT WILL BE FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]
There shall be no time of day discount. ******** shall pay the
******** access and all Alascom interexchange charges for the
******** of ********.
5. Paragraph 2. B. (2) of the contract shall be deleted and the following
inserted in its place:
(2) ******** (except for ********) shall be charged at the following
rates per minute in the appropriate periods:
Date Rate in Dollars
---- ---------------
March 1, 1999 ********
January 1, 2000 ********
January 1, 2002 and thereafter ********
There shall be no time of day discount. ******** shall pay the ********
access and all Alascom interexchange charges for ********. Any query
charges associated with the routing of ********, due to FCC Docket
#********, will be passed on to ********.
6. Paragraph 2. TRAFFIC SERVICES, CHARGES AND STANDARDS, shall be amended
to include a new section 2. B. (6) as follows:
(6) ******** Alaska ******** Service. GCI shall charge Sprint according
to the appropriate GCI FCC Tariff #1 rate for the terrestrial or
satellite bandwidth requested. Each month GCI will calculate the
******** Alaska ******** Service charges for all ******** requirements
of ******** and below. A ******** will be calculated. ******** of the
******** will be applied to the following months ******** invoice, and
identified as, "Alaska ******** Contract ********". ******** of the
******** will be applied to the following months ******** invoice, and
identified as, "Alaska ******** Contract ********".
7. Paragraph 3. TERM shall be deleted and the following inserted in its place:
3. TERM. Except for ********, services provided pursuant to Section 2.
A. shall be for a term of ******** years beginning ******** and ending
********. The term shall be automatically extended for two (2) one (1)
year periods through and including ******** unless either party elects
to cancel the renewal by providing written notice of non-renewal at
least 180 days prior to the commencement of any renewal period.
8. All other terms and conditions of the Contract remain unchanged by this
Amendment and are in full force and effect.
9. This Amendment will be in effect on ********.
10. This Amendment together with the Contract is the complete agreement of the
parties and supersedes all other prior contracts and representations
concerning its subject matter. Any further amendments must be in writing
and signed by both parties.
[CERTAIN INFORMATION HAS BEEN REDACTED FROM THIS DOCUMENT WHICH THE COMPANY
DESIRES TO KEEP UNDISCLOSED AND A COPY OF THE UNREDACTED DOCUMENT WILL BE FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]
Fifth Amendment Contract for Alaska Access Page 2
IN WITNESS WHEREOF, the parties hereto each acting with proper authority have
executed this Amendment on the date indicated below.
SPRINT COMMUNICATIONS COMPANY
By:/s/
Printed Name: Robert W. Runke
Title: Vice President, Network Distribution
GCI COMMUNICATION CORPORATION
By: /s/
Printed Name: Richard Westlund
Title: Vice President