20110103Amendment.pdf

Owest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile [phone] i8UJAN -3 AM 9: \1
Qwest~
Spirit of Service~
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
December 30, 2010
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-00-07
Application for Approval of Amendment to the Interconnection Agreement
Dear Ms. Jewell:
Enclosed for fiing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance inI/
~riy,' )
Maura E. Pete
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr(g q west.com
Rt:rí=~ ~.."' ~i:'.=
2~11 JAN -3 A~1 9= 17
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE-T-OO-07
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public
Utilities Commission on March 10, 2009 (the "Agreement"). The Amendment with
McLeodUSA Telecommunications Services, LLC dba PAETEC Business Services.("P AETEC")
is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commssion may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carer not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commssion approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable PAETEC
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
P AETEC Business Services
QLSP Amendment
Communications, Inc. to interconnect with Qwest facilities and to provide customers with
increased choices among local telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this ~~~y of December, 2010.
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 2
P AETEC Business Services
QLSP Amendment
CERTIFICATE OF SERVICE
I hereby certify that on this ~ay of December 2010, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties or record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
JJewell (ßpuc.state.id.L1s
Hand Deli very
U. S. Mail
-Å Overnight Delivery
Facsimile
Email
Julia Redman-Carter
Carrier Relations Manager
One Marsha's Way
Hiawatha, Iowa 52233
Hand Deli very
-l u. S. Mail
Overnight Delivery
Facsimile
Maura Peterson
Paralegal, Qwest Co
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 3
P AETEC Business Services
QLSP Amendment
tI DocuSign Envelope'ID:5AA46737 -DD4D-4655-A346-E9FCCADDB55F
.RECE n
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
ion JAN -3 Art 9= 17
This Qwest Local Services Platform™ ("QLSpTM") Agreement, together with the Attachments hereto and Rate Sheets,
incorporated herein by reference ("Agreement") is between Qwest Corporation ("Qwest"), a Colorado corp~(Jl~ ¡ Fe! '('
McLeo.dUS~ Telecommunication~ Services, L~C dba, PAETEC ,Business Services: ("CLEC"), an 1cb¡çP"M~t¡Ot!iji\:¡f';OŠSIC'N
(each identified for purposes of this Agreement in the signature blocks below, and referred to separately as a .Pa~ or 'i. .
collectively as the "Parties"). The undersigned Parties have read and agree to the terms and conditions set forth in this
Agreement.
McLeodUSA Telecommunications:::I~:J
Name: Sean Pfaging
Title: Senior VP Network Services
12/3/2010
Services, LLC dbaQwest Corporation:
r-0lE9FC6BD54l...1BY:~~~rl.--
Name: L. T. Christensen
Title: Director Wholesale Contracts
Date: 12/3/2010 Date:
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Cororation:
Director - Interconnection Agreements
1801 California Street, 2401 Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagreel§gwest.com
With copy to:
Qwest Law Department
Wholesale Interconnection
1801 California Street, 1001 Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.lnterconnectionl§gwest.com
eCLEC:Julia Redman-Carter
Carrier Relations Manager
One Martha's Way
Hiawatha, Iowa 52233
[phone] OFFICE
[phone] Fax
julia .redman-carterl§mcleodusa.com
With copy to:
VP Regulatory and Public Policy
One Marta's Way
Hiawatha, Iowa 52233
[phone]
[phone] (FAX)
APPLICABLE STATES:.. South Dakota
-l Utah
Qwest agrees to offer and CLEC intends to purchase Service in
the states indicated below by CLEC's signatory initialing (or an
.X") on the applicable blanks. Note: If CLEC chooses to
indicate Washington, CLEC must select only one (1) of the
Washington Service offerings. CLEC may not change its
Washington selection after this Agreement is executed.
-l Washington 7.0 (with Commercial PerformanceMeasures and Reporting, Performance Targets and
Service Credits, as described in Section 7.0 of
Attachment 2 to this Agreement); or
-l Arizona
.. Colorado
-l Idaho~Iowa
.. Minnesota
N/A Montana
.. Nebraska
~ NewMexico
.. North Dakota... Oregon
November 29, 2010lkjclMcLeod/Qwest QLSpTM MSA - (v10-15-10) Page 1 of 11
AZ-CDS-101021-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-0103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-1 01 021-01 09;
SD-CDS-101021-0110; UT-CDS-101021-0111; WA-CDS-101021-o112; WY-CDS-101021-0113
Washington 8.0 (with Service Performance Measures
and Reporting and Performance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Attachment 2 to this Agreement).-l Wyoming
DocuSign Envelope ID: 5AA46737-DD4D-655-A346-E9FCCADDB55F ~
.WHEREA, CLEC desires to purchase from Qwestcertin combinations of Netork Elements, ancilary functions, and additional
features, including without limitation, the local Loop, Port switching, and Share Transport
Now, therefore, in consideration of the tenns and conditions contined herein, CLEC and Qwst mutually agree as follows:
1. Definitions. Capitalized tenns used herein are defined in
Attachment 1.
2. Effctive Dat. This Agreement is effectve upon the
later of (i) January 4, 2011 or (iI) the date that it is fully execute by all
of the Parties ("Effective Date").
3. Term. The tenn of this Agreement begins on the
Effecive Date and continues through December 31, 2013. In the
event that at the expiration of this Agreement CLEC has any remaining
Customers served under this Agreement, Qwest may immediately
convert CLEC to an equivalent altemative service at market-based
wholesale rates.
4. Scope of Agreement; Servce Provisioning; Controllng
Documents; Change of Law; Eligibilty for Services under this
Agreement; Non-Applicability of Change Management Process.
4.1 The Servces ("Services") described in this Agreeent will
only be provided in Qwests incumbent LEC servce tenitory in the
states of Arizona, Colorado, Idaho, Iowa, Minnesot, Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington and Wyoming.
4.2 In the event of a conflict in any tenn of any documents that
govem the provision of Services hereunder, the following order of
precedence wil apply in descending order of control: an Attachment,
Rate Sheet, this Agreement, and any effective Order Fonn hereunder.
The Partes agree that the Services offere and purchased under this
Agreement are subject to compliance with Applicable Law and
obtaining any domestic or foreign approvals and authoritions
required or advisable.
4.3 The provisions in this Agreement are intended to be in
compliance with and based on the existing state of Applicable Law,
including but not limited to Federal rules, regulations, and laws, as of
the Effective Date ("Existing Rules"). Nothing in this Agreement shall
be deemed an admission by Qwest or CLEC conceming the
interpretation or effect of the Existing Rules or an admission by Qwest
or CLEC that the Existing Rules should not be changed, vacated,
dismissed, stayed or modified. Nothing in this Agrement shall
preclude or estop Qwest or CLEC from taking any position in any
forum conceming the proper interpretation or effect of the Existing
Rules or concerning whether the Existing Rules should be changed,
vacated, dismissed, stayed or modified.
4.4 If any change in Applicable Law materially impairs a Party's
abilty to perfonn or obtain a benefit under this Agreement, both Parties
agree to negotiate in good faith such changes as may be necessary to
address such material impainnent.
4.5 To receive services under this Agreement, CLEC must be a
certifed CLEC under Applicable Law. CLEC may not purchase or
utilze Services covered under this Agreement for its own
administrative use or for the use by an Affliate.
4.6 Except as otherwise provided in this Agreement, the Parties
agree that Services provided under this Agreement are not subject to
the Qwest Wholesale Change Management Process ("CMP"), Qwests
Perfonnance Indicators ("PID"), Perfonnance Assurance Plan ("PAP"),
or any other wholesale service quality standards, or liquidated
damages and remedies. Except as otherwise provided, CLEC hereby
waives any rights it may have under the PID, PAP and all other
whlesle service quality standards to liquidated damages, and
reedies with repect to Services . provided pursuant to this
Agrement. Any CLEC-proposed changes to the attributes of any
Servce or pross enhancements will be communicated through the
standard accunt interfaces. Change requests common to shared
systems and processes subject to CMP wil continue to be addressed
via the CMP procedures.
5. CLEC Information. CLEC agrees to work with Qwest in
good faith to promptly complete or update, as applicable, Qwests
"New Customer Questionnaire" to the extent that CLEC. has not
already .done so, and CLEC shall hold Qwest hannless for any
damages to or claims from CLEC caused by CLEC's failure to promptly
complete or update the questionnaire.
6.Financial Terms.
6.1 The description of the Service and applicable rates are set
fort in the Attchment hereto and Rate Sheets. The Parties agree
that the reference rates are just and reasonable.
6.2 Taxes. Fees. and other Governmental Impositions.
All charges for Servces provided herein are exclusive of any federal,
state, or local sales, use, excise, gross receipts, transaction or similar
taes, fees or surcharges ("Tax" or "Taxes"). Taxes resulting from the
perfonnance of this Agreement shall be bome by the Part upon which
the obligation for payment is imposed under Applicable Law, even if
the obligation to collect and remit such Taxes is placed upon the other
Part. However, where the sellng Part is specifically pennited by .
Applicable Law to collect such Taxes from the purchasing Part, such
Taxes shall be borne by the Part purchasing the services. Taxes
shall be biled as a separate item on the invoice in accordance with
Applicable Law. The Part billng such Taxes shall, at the written
request of the Part being biled, provide the biled Part with detailed
infonnation regarding biled Taxes, including the applicable Tax
jurisdiction, rate, and base upon which the Tax is applied. If either
Part (the Contesting Part) contests the application of any Tax
collected by the other Part (the Collecting Part), the Collecting Part
shall reasonably cooperate in good faith with the Contesting Parts
challenge, provided that the Contesting Part pays all reasonable cots
incurred by the Collecting Part. The Contesting Part is entitled to the
benefit. of any refund or recovery resulting from the contest, provided
that the Contesting Part has paid the Tax contested. If the
purchasing Part provides the sellng Part with a resale or other
exemption certificate, the sellng Part shall exempt the purchasing
Part if the sellng Part accepts the certificate in good faith. If a Part
becomes aware that any Tax is incorrectly or erroneously collected by
that Part frm the other Part or paid by the other Party to that Part,
the Part that received such Tax shall refund the incorrectly or
erroneously collected Tax or paid Tax to the other Part.
6.3 Each Part is solely responsible for any tax on its corporate
existence, status or income and each Part shall be solely responsible
for all taes on its own business, the measure of which is its own net
income or net worth and shall be responsible for any related tax filings,
payment, protest, audit and litigation. Each Part shall be solely
responsible for the billng, collection and proper remittance of all
applicable Taxes relating to its own services provided to its own
Customers.
7. Intellectual Propert..November 29, 2010lkjclMcLeod/Qwest QLSpTM MSA - (v10-15-10) Page 2 of 11
AZ-CDS-101021-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-0103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101021-o109;
SD-CDS-101021-0110; UT-CDS-101021-0111; WA-CDS-101021-o112; WY-CDS-101021-0113
8.2 Cessation of Order Processing. Owest may discontinue
processing orders for Services for any breach by CLEC of this
Agreement, including without limitation, the failure of CLEC to make full
payment for Services, less any good faith disputed amount as providedfor in this Agreement, within thirt (30) Days following the Payment
Due Date; provided that Owest has first notified CLEC in writing at
least ten (10) business days prior to discontinuing the processing of
order for Service. If Qwest does not refue to accept additional
order for Seice on the date specified in the ten (10) business days
notice, and CLEC's non-eompliance continues, nothing contained
November 29, 2010/kjclMcLeod/Qwest QLSpTM MSA- (v1Q-15-10) Page 3 of 11
AZ-CDS-101021-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-0103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101021-0109;
SD-CDS-101021-D110; UT-CDS-101021-0111; WA-CDS-101021-0112; WY-CDS-101021-0113
. DocuSign Envelope'ID: 5AA46737 -DD4D-4655-A346-E9FCCADDB55F
. 7.1 Except for a license to use any facilties or equipment
(including softre) solely for the purposes of this Agreement or to
receive Service solely as provided in this Agreement or as specifcally
required by the then-applicable federal rules and regulations relating to
Services provided under this. Agreement, nothing contained in this
Agreement shall be construed as the grant of a license, either express
or implied, with respect to any patent, copyright, trade name,
trademark, service mark, trade secret, or other proprietary interest or
intellectual propert, now or hereafter owned, controlled or licensable
by either Part. Neither Part may use any patent, copyright, trade
name, trademark, service mark, trade secret, nor other proprietary
interest or intellectual propert, now or hereafter owned, controlled or
licensable by either Part without execution of a separate written
agreement between the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each Part (an Indemnifying Part) shall indemnify and
hold the other Party (an Indemnified Part) hannless from and against
any loss, cost, expense or liabilty arising out of a claim that the
services provided by the Indemnifying Part provided or used pursuant
to the tenns of this Agreement misappropriate or otherwse violate the
intellectual propert rights of any third party. The obligation for
indemnification recited in this paragraph shall not extend to
infrngement which results from:
A. any combination of the facilties or services of the
Indemnifying Part with facilties or service of any other Person
(including the Indemnified Part but excluding the Indemnifying
Part and any of its Affliates), which combination is not made by
or at the direction of the Indemnifying Party or is not reasonably
necssary to CLEC's use of the Services offered by Owst under
this Agreement; or.B. any modification made to the facilities or services of the
Indemnifying Part by, on behalf of, or at the request of the
Indemnified Part and not required by the Indemnifyng Part.
7.3 In the event of any claim, the Indemnifing Part may, at its
sole option, obtain the right for the Indemnified Part to continue to use
any infrnging facilty or service or replace or modify any infrnging
facilty or service to make such facility or service non-infrnging.
to:'
7.4 If the Indemnifing Part is not reasonably able to obtain the
right for continued use or to replace or modify the facilty or servce as
provided above and either the facility or service is held to be infringing
by a court of competent jurisdiction or the Indemnifying Part
reasonably believes that the facility or service will be held to infringe,
the Indemnifying Part wil notify the Indemnified Part and the Parties
will negotiate in good faith rearding reasonable modifications to this
Agreement necessary to mitgate damage or comply with an injunction
which may result frm such infringement or allow cessation of further
infringement.
7.5 The Indemnifying Part may request that the Indemnified
Part take steps to mitigate damages resulting from the infrngement or
alleged infringement including, but not limited to, accpting
modifcations to the facilties or services, and such request shall not be
unreasonably denied.
.
7.6 To the extent required under Applicable Law, Owest shall
use commercially reasonable efforts to obtain, from its vendors who
have licensed intellectual propert rights to Owest in connecton with
Services provided hereunder, licenses under such intellectual propert
rights as necessary for CLEC to use such Services as contemplated
hereunder and at least in the same manner used by Qwest for the
Service provided hereunder. Owest shall notify CLEC immediately in
the event that Owest believes it has used its commercially reasonable
effort to obtain such rights, but has been unsuccssful in obtining
such rights. Nothing in this subsection shall be construed in any way
to condition, limit, or alter a Parts indemnifcation obligations under
Secton 7.2, preceding.
7.7. Neither Part shall without the express wrtten pennission of the
other Part, state or imply that it is connected, or in any way affliated
with the other or its Affliates; it is part of a joint business assocation or
any similar arrangement with the other or its Affliates; the other Part
and its Affliates are in any way sponsorig, endorsing or certifyng it
and its goods and services; or with respect to it marketing, advertising
or promotional activites or materials, stae or imply that the servces
are in any way associated with or originated from the other Part or
any of its Affliates. In addition, CLEC, including its employees,
repreentatives and agents, will not state or otherwise indicae, directly
or indirectly, to its end-users or prospective end-users: (a) that they will
be Owet customers or that they may obtain Qwest service frm CLEC
or (b) that CLEC has or the end-user will have any relationship with
Owst. Without limiting the foregoing, CLEC must not use a name,
trademark, service mark, copyrght or any other intellecual propert
owned by Owest or its Affliates, except that CLEC may communicate
that Owest is one of the underlying carriers from which CLEC
purchases services if CLEC has obtined the prior written consent of
the Owst Law Department. This is a non-exclusive agreement.
Nothing in this Agreement prevents Owst from offering to sell or
sellng any service to other parties.
7.8 Nothing in this Secion prevents either Part from truthfully
describing the Services it uses to provide service to it End User
Customers, provided it does not repreent the Services as originating
frm the other Part or it Affliates or oterwise attempt to sell it End
User Customers using the name of the other Part or its Affliates.
Owests name and the names of its affliates are proprietary and
nothing in this Agreement constitutes a license authorizing their use,
and in no event will CLEC, including its employees, representatives
and agents, attempt to sell any Services to its end-users using the
name, brand or identity of Owst or Owests Affliates in any way.
7.9 Because a breach ofthe material provisions of this Section 7
may cause irrparable harm for which monetary damages may be
inadequate, in addition to other available remedies, the non-breaching
Part may seek injunctive relief.
8.Financial Responsibilty Payment and Security.
8.1 Payment Obligation. Amounts payable under this
Agreement are due and payable within thirt (30) Days after the date of
invoice ("Payment Due Date"). If the Payment Due Date falls on a
Sunday or on a holiday which is observed on a Monday, the payment
date will be the first non-holiday day following such Sunday or holiday.
If such a payment date falls on a Saturday or on a holiday which is
observed on Tuesday, Wednesday, Thursay or Friday, the payment
date shall be the last non-holiday day preceding such Saturday or
holiday. For invoices distributed electronically, the date of the invoice
date is the same as if the invoice were biled on paper, not the date the
electronic delivery occurs. If CLEC fails to make payment on or before
the Payment Due Date, Owest may invoke all available rights and
remedies.
DocuSign Envelope ID: 5AA46737-DD4D-655-A346-E9FCCADDB55F
herein shall preclude Qwests right to refuse to accpt additonal orers
for Services from CLEC without further notice. For order processing to
resume, CLEC wil be required to cure any breach and make full
payment of all past-due charges for Servces not disputed in good fait
underthis Agreement, and Qwest may require a deposit (or recalculate
the deposit) pursuant to Section 8.5. In addition to other remedies that
may be available at law or equity, Qwest reserves the right to sek
equitable relief including injunctive relief and specifc perfonnance.
8.3 Disconnection. Qwest may disconect any Servce
provided under this Agreement for any breach by CLEC of this
Agreement that is not cured by CLEC in accrdance with Seon 11
herein, including without limitation, failure by CLEC to make full
payment for such Services, less any good fait disputed am~unt as
provided for in this Agreement, within sixt (60) Days followng the
Payment Due Date provided that Qwest has first notfied CLEC in
writing at least ten (10) business days prior to disconnecting Seces.
CLEC wil pay the applicable charge set forth in the Rate Sheet
required to reconnect Services for each End User Customer
disconnected pursuant to this Section 8.3. In case of such
disconnection, all applicable undisputed charges, including tennination
charges, will become due and payable. If Qwest does not disconnect
CLEC's Servce on the date specified in the ten (10) business days
notice, and CLEC's noncompliance continues, nothing contined
herein shall preclude Qwests right to disconnect any or all servce.
For reconnection .of the service to occur, CLEC will be reuired to
make full payment of all past and current undisputed charges under
this Agreement for Services and Qwest may require a deposit (or
recalculate the deposit) pursuant to Section 8.5. In addition to other
remedies that may be available at law or equity, Qwet reserves the
right to seek equitable relief, including injunctive relief and specific
perfonnance. Notwithstanding the foregoing, Qwest will not effect a
disconnection pursuant to this Section 8.3 in such manner that CLEC
may not reasonably comply with Applicable Law concerning End User
Customer disconnection and notification, provided that, the foregoing is
subject to CLEC's reasonable dilgence in effecting such compliance.
8.4 Billna Disputes. Should CLEC dispute, in good faith, and
withhold payment on any portion of the charges under this Agreement,
CLEC will notify Qwest in writing within fifteen (15) Days following the
Payment Due Date identifyng the amount, reason and rationale of
such dispute. At a minimum, CLEC will pay all undisputed amounts
due to Qwest. Both CLEC and Qwest agre to expdite the
investigation of any disputed amounts, promptly proide reasonab!y
requested documentation regarding the amount disputed, and work in
good faith in an effort to resolve and settle the dispute through infonnal
means prior to invoking any other rights or remedies.
A. If CLEC disputes charges and does not pay such charges by
the Payment Due Date, such charges may be subject to late
payment charges. If the disputed charges have been withheld
and the dispute is resolved in favor of Qwest, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the relution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing further dispute resolution. If the
disputed charges have been withheld and the dispute is resolved
in favor of CLEC, Qwest will credit CLEC's bil for the amount of
the disputed charges and any late payment charges that have
been assessed no later than the second Bil Date after the
resolution of the dispute.
.
CLEC's bil for the disputed amount and any associated interest; .
or if the disputed amount is greater than the bil to be credited,
pay the remaining amount to CLEC.
C. The interest calculated on the disputed amounts will be the
same rate as late payment charges. In no event, however, wil
any late payment charges be assessed on any previously
assssd late payment charges.
D. If CLEC fails to dispute a rate or charge within 60 Days
following the invoice date on which the rate or charge appeared,
adjustment will be made on a going-forward basis only, beginning
wi the date of the dispute.
8.5 Security Deposits. In the event of a material adverse
change in CLEC's financial condition subsequent to the Effecive Date
of this Agreement, Qwest may request a security deposit. A "material
adverse change in financial condition" means CLEC is a new CLEC
with no established credit history, or is a CLEC that has not
established satisfactory credit with Qwest, or the Part is repeatedly
delinquent in making its payments, or is being reconn~cted after a
disconnection of Servce or discontinuance of the processing of orders
by Qwest due to a previous failure to pay undisputed charges in .a
timely manner or due to the failure by CLEC to cure a breach of this
Agrement in a timely manner. Qwest may require a deposit to be
held as securit for the payment of charges before the orde~ from
CLEC will be provisioned and completed or before reconnection .of
Service. "Repeatedly Delinquent" means any payment of a matenal
amount of total monthly Biling under this Agreement received after the
Payment Due Date, three (3) or more times during the last twelve (12)
month period. The deposit may not exceed the estimated to~~1 monthly
charges for a two (2) month period based upon r.ecent Billing. Th?
deposit may be an irrevocable bank letter of credit, a letter of credit
with tenns and conditions accptable to Qwest, or some other fonn of .
mutually acceptable security such as a cash deposit. The deposit may
be adjusted by CLEC's actual monthly average charges, payment
history under this Agreement, or other relevant factors, but in no event
will the security deposit exceed five millon dollars ($5,000,000.00).
Required deposits are due and payable within thirt (30) D~~s after
demand and non-payment is subject to the tenns and provisions of
Section 8.2 and Section 8.3 of this Agreement.
8.6 Interest on Deposits. Any interest earned on cash deposits
will be credited to CLEC in the amount actually eamed or at the rate
set forth in Section 8.7 below, whichever is lower, except as otherwise
required by law, provided that, for elimination of doubt, the Pa~ies
agree that such deposit are not subject to state laws. or r,gulations
relating to consumer or End User Customer cash deposits. Cash
deposits and accrued interest, if applicable, will be.credited to C.LE~'s
account or refunded, as appropriate, upon the earlier of the expiration
of the term of this Agreement or the establishment of satisfactory credit
with Qwest which wil generally be one full year of consecutive timely
payments ~f undisputed amounts in full by CLEC. Upon a materi~1
change in financial standing, CLEC may request, and Qwe~t will
consider a recalculation of the deposit. The fact that a deposit has
been m~de does not relieve CLECfrom any requirements of this
Agreement.
8.7 Late Payment Charge. If any portion of the payment is
received by Qwest after the Payment Due Date, or if any portion of the
payment is received by Qwest in funds that are not immediately
available, then a late payment charge will be due to Qwest. The late
B. If CLEC pays the disputed charges and the dispute is payment charge is the portion of the payment not received b.y theresolved in favor of Qwest, no further action is required. If CLEC Payment Due Date multiplied by a late factor. The late f~ctor is the
pays the charges disputed at the time of payment or at any time lesser of (i) the highest interest rate (in decimal value) which may be
thereafter, and the dispute is resolved in favor of the CLEC, levied by law for commercial transactions, compounded daily for the
Qwest will adjust the Biling, usually within two Billng cycles after number of Days from the Payment Due Date to and including the date
the resolution of the dispute, as follows: Qwest wil credit the that the CLEC actually makes the payment to Qwest; or (ii) 0.000407 .
November 29 2010/kjclMcLeod/Qwest QLSpTM MSA - (v10-15-10) Page 4 of 11
AZ-CDS-101Ó21-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-Q103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101021-0109;
SD-CDS-101021-0110; UT-CDS-101021-0111; WA-CDS-101021-Q112; WY-CDS-101021-0113
. .~. DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
.per Day, compounded daily for the number of Days from the Payment
Due Date to and including the date that the CLEC actually makes the
payment to Qwest.
8.8 CLEC must not reit payment for the Servces with funds
obtained through the American Recovery and Reinvestment Act (or
ARRA) or other similar stimulus grants or loans that would obligate
Qwest to provide certain information or perform certin functons
unless those funcions and obligations are specifically agred to by the
parties in this Agreement or in an amendment to this Agreement.
9. Conversions. If CLEC is obtaining servce from
Qwest under an arrngement or agreement that includes the
application of termination liabilty assessment (TLA) or minimum period
charges, and if CLEC wishes to convert such services to a Service
under this Agreement, the conversion of such services will not be
delayed due to the applicabilty of TLA or minimum period charges.
The applicabilty of such charges is govemed by the terms of the
original agreement, Tariff or arrngement. Nothing herein will be
construed as expanding the rights otherwise granted by this
Agreement or by law to elect to make such conversions.
10. Customer Contact. CLEC, or CLEC's authorized agent,
are the single point of contct for its End User Customers' service
needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble report,
repair, post-sale servicing, Biling, collecion and inquiry. CLEC wil
inform its End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contacting Qwst will be
instructed to contact CLEC, and Qwests End User Customers
contacting CLEC will be instructed to contact Qwest. In responding to
calls, neither Part will make disparaging remarks about the other
Part. To the extent the correct provider can be determined,
misdirected calls received by either Part wil be referr to the proper
. provider of Local Exchange Service; however, nothing in this
Agreement shall be deemed to prohibit Qwst or CLEC from
discussing its proucts and services with CLEC's or Qwests End User
Customers who call the other Part.
10.1 In the event Qwest terminates Service to CLEC for any
reason, CLEC will provide any and all necessary notic to its End User
Customers of the termination. In no case will Qwest be responsible for
providing such notice to CLEC's End User Customers.
11. Default and Breach. If either Part defaults in the payment
of any amount due hereunder, or if either Part violates any other
material provision of this Agreement and such default or violation
continues for thirt (30) Days after written notice thereof, the other
Part may terminate this Agreement and seek relief in accrdance with
any remedy available under this Agreement, including without
limitation, the Dispute Resolution provisions of Section 25 herein and,
in addition to the foregoing, Qwest may cease to accept orders from
CLEC for Services in accrdance with Section 8.2 above. The
remedies available to each Part pursuant to this Agreement are not to
be considered exclusive of one another and will be cumulative.
12. Limitation of Liabilty.
12.1 CLEC's exclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwse limited by this Agreement to outage credits or other
service credits, in which case Qwests total liabilty wil not exceed the
aggregate amount of any applicable credits due.
whether in contract, warrnty, strict liabilty, tort, including, without
limitation, negligence of any kind and regardless of whether the Parties
know the possibilty that such damages could result.
12.3 Nothing contained in this Section shall limit either Parts
liabilty to the other for willful misconduct, provided that, a Parts
liabilty to the other Part pursuant to the foregoing exlusion, other
than direc damages, will be limited to a total cap equal to one hundre
per cent (100%) of the annualized run rate of total amounts charged by
Owest to CLEC under this Agreement.
13. Indemnity.
13. 1 The Parties agre that unless otherwse specifically set forth
in this Agreement, the following constitute the sole indemnification
obligations betwn and among the Parties:
A. Each Part (the Indemnifyng Party) agrees to release,
indemnify, defend and hold harmless the other Part and each of
its offcers, directors, employees and agents (each, an
Indemnitee) from and against and in respe of any loss, debt,
liabilty, damage, obligation, claim, demand, judgment or
settement of any nature or kind, known or unknown, liquidated or
unliquidated including, but not limited to, reasonable cots and
expenses (including attomeys' fees), whether suffered, made,
instituted, or asserted by any Person or entity, for invasion of
privacy, bodily injury or death of any Person or Persns, or for
loss, damage to, or destruction of tangible propert, whether or
not owed by others, resulting from the Indemnifying Parts
breach of or failure to perform under this Agreement, regardless
of the form of action, whether in contract, warrnty, strict liabilit,
or tort including (without limitation) negligence of any kind.
B. In the case of claims or loses alleged or incurrd by an End
User Customer of either Part arising out of or in connecion with
Services provided to the End User Customer by the Par, the
Part whose End User Customer alleged or incurrd such claims
or loss (the Indemnifying Part) shall defend and indemnify the
other Part and each of its offcers, directors, employees and
agents (each, an Indemnified Part) against any and all such
claims or loss by the Indemnifing Party's End User Customers
regardless of whether the underlying Service was provided or was
provisioned by the Indemnified Part, unless the loss was caused
by the gross negligence or willful misconduct of the Indemnified
Part. The obligation to indemnify with respect to claims of the
Indemnifying Part's End User Customers shall not extend to any
claims for physical bodily injury or death of any Person or
persons, or for loss, damage to, or destruction of tangiblepropert, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the
employees, contractors, agents, or other representatives of the
Indemnified Part.
13.2 The indemnification provided herein is conditioned upon the
following:
A. The Indemnified Part will promptly notify the Indemnifying
Part of any action taken against the Indemnified Part relating to
the indemnifcation. Failure to so notify the Indemnifying Part will
not relieve the Indemnifying Part of any liability that the
Indemnifying Part might have, except to the extent that such
failure prejudices the Indemnifying Part's abilty to defend such
claim.
12.2 Except for indemnification and payment obligations under
this Agreement, neither Part shall be liable to the other for indirect,
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, lost revenues, lost
savings suffered by the other Party regardless of the form of action,
November 29, 2010/kjclMcLeod/Qwest QLSpTM MSA - (v10-15-10) Page 5 of 11
AZ-CDS-1 01021-01 00; CO-CDS-101 021-01 01; IA-CDS-1 01 021-0102;ID-CDS-101021-0103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101021-u109;
SD-CDS-101021-0110; UT-CDS-101021-0111; WA-CDS-101021-u112; WY-CDS-101021-0113
.B. If the Indemnifying Part wishes to defend against such
action, it will give wrtten notice to the Indemnifed Part of
acceptance of the defense of such action. In such event, the
DocuSign Envelope ID: 5AA46737 -DD4D-4655-A346-E9FCCADDB55F
Indemnifying Part has sole authri to defend any such action,
including the selection of legal counsel, and the Indemnified Part
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifing Part does not
accept the defense of the action, the Indemnified Part has the
right to employ counsel for such defense at the expnse of th
Indemnifying Part. Each Part agrees to coperate with the
other Part in the defense of any such action and the relevant
records of each Part will be available to the other Part with
respect to any such defense.
C. In no event will the Indemnifyng Part settle or consent to
any judgment for relief other than monetary damages pertaining
to any such action without the prior written consent of the
Indemnified Part. In the event that the Indemnified Part
withholds consent, the Indemnified Part may, at it cot, take
over such defense; provided that, in such event, the Indemnifng
Part shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnified Part against, any cost or
liability in excess of such refused compromise or settlement.
14. Limited Warranties.
14.1 Each Part will provide suitably qualified persnnel to perfrm its
obligations under this Agreement and provide all Servces hereunder in
a good and workmanlike manner and in material conformance with all
Applicable Laws and regulations.
14.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
QWEST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED
HEREUNDER. OWEST SPECIFICALLY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
15. Relationship. Except to the limited extent expressly
provided in this Agreement, neither Part has the authori to bind the
other by contrct or otherwise or make any repreentations or
guarantees on behalf of the other or otherwise act on the other's
behalf. The relationship arising from this Agreement does not
constitute an agency, joint venture, partnership, employee relationship
or franchise. Owest is acting as an independent contractor and wil
have exclusive control of the manner and means of performing its
obligations. Notwithstanding anything herein to the contrary, Owest
reserves the right, in its sole discretion, to modify or change the name
of the Servces.
16.Assignment.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior wrtten consent of Owest, which
consent will not be unreasonably withheld. Notwithstanding the
foregoing and subject to prior credit review, submission of appropriate
legal documentation (including, but not limited to, any appropriate
Secretary of State or other filings or documents specified by Owest)
and approval by Owest of CLEC's proposed assignee, CLEC may
assign this Agreement without prior written consent of Owest to any
Affliate, succesor through merger, or acquirer of substantially all of its
assets; and Owest may assign this Agreement without prior wrtten
consent to any Affliate, succssor through merger, or acquirer .of
substantially all of its business assets; provided that in all cases the
assignee of CLEC or Qwest, as applicable, acknowledge in wrting its
assumption of the obligations of the assignor hereunder. Any
attempted assignment in violation hereof is of no force or effect and is
void. Without limiting the generality of the foregoing, this Agreement
wil be binding as to the Parties' respective successors and assigns.
"
16.2 In the event that Qwest transfers to any unaffliated part .
exchanges, including End User Customers that CLEC serves in whole
or in part through Services provided by Owest under this Agreement,
Owst will ensure that the transfere serves as a succssor to and
fully performs all of Qwts responsibilties and obligations under this
Agreement for a period of ninety (90) Days from the effectve date of
such trnsfer or until such later time as the FCC may direct pursuant to
the FCC's then applicable statutory authority to impose such
reponsibilities either as a condition of the transfer or under such other
stae statuory authority as may give it such power. In the event of
such a proposed transfer, Qwest will use its best effort to faciltate
discussions between CLEC and the transferee with respect to the
trnsferee's assumption of Qwests obligations after the transition
period set fort above in accordance with the terms and provisions ofthis Agreent.
17. Repoing Reguirements. If reporting obligations or
reuirements are imposed upon either Part by any third part or
regulatory agency in connection with this Agreement or the Services,
including use of the Services by CLEC or its End Users, the other
Part agrees to assist that Part in complying with such obligations and
reuirements, as reasonably required by that Part.
18. Survival. The expiration or termination of this Agreement
does not relieve either Part of those obligations that by their nature
are intended to survive.
19. Confidentiality Nondisclosure.
19.1 Neither Part will, without the prior written consent of the
other Part (a) issue any public announcement regarding, or make any
other disclure of the terms of, this Agreement or use the name or
marks of the other Part or its Affliates; or (b) disclose or use (except
as expressly permitted by, or required to achieve the purposes of,this .
Agreement) the Confidential Information of the other Part. Consent
may only be given on behalf of a Part by its Legal Department.
However, a Part may disclose Confidential Information if required .to
do so by a governmental agency, by operation of law, or if necessary
in any proceeding to establish rights or obligations under this
Agreement, provided that the disdosing Party gives the non-disclosing
Part reasonable prior written notice and the receiving Part wil
cooperate with the disclosing Part to seek or take appropriate
protective measures and wil make such disclosure in a manner to best
protect the Confidential Information from further disclosure.
Notwthstanding the foregoing, if reporting or filing obligations or
requirements are imposed upon Owest by any third part or regulatory
agency in connection with this Agreement, CLEC agrees to assist
Qwest in complying with such obligations and requirements, as
reasonably required by Qwest and to hold Owst harmless for any
failure by CLEC in this reard. Qwsts compliance with any regulatory
fiing obligation wil not constitute a violation of this section. Each Part
wil use reasonable effort to protect the other's Confidential
Information, and will use at least the same effort to protect such
Confidential Information as the Part would use to protect its own.
19.2 All Confidential Information wil remain the propert of the
disclosing Part. A Part who receives Confidential Information via an
oral communication may request written confirmation that the material
is Confidential Information. A Part who delivers Confidential
Information via an oral communication may request written
confirmation that the Party receiving the information understands that
the material is Confidential Information. Each Part has the right to
correct an inadvertent failure to identify information as Confidential
Information by giving wrtten notification within thirt (30) Days after the
information is disdosed. The receiving Part will frm that time
forward, treat such infonnation as Confidential Information.
19.3 Upon request by the disclosing Part, the receiving Part wil
return all tangible copies of Confidential Information, whether written, .
November 29, 2010/kjc/McLeod/Qwest QLSpTM MSA - (v10-15-10) Page 6 of 11
AZ-CDS-101021-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-0103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101 021-Q1 09;
SD-CDS-101021-Q110; UT-CDS-101021-0111; WA-CDS-101021-0112; WY-CDS-101021-0113
r
, DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
. graphic or otherwise, except that the receiving Part may retain one
copy for archival purposes.
19.4 Each Part will keep all of the other Parts Confidential
Information. confidential and wil disclose it on a need to know basis
only. Each Part will use the other Part's Confidential Information
only in connecion with this Agreement and in accrdance with
Applicable Law. Neither Part will use the other Part's Confidential
Information for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in wnting. If
either Part loss, or makes an unauthorized disclosure of, the other
Parts Confidential Information, it wil notify such other Party
immediately and use reasonable effort to retrieve the information.
19.5 Effective Date of this Section. Notwthstanding any other
provision of this Agreement, the Confidential Information provisions of
this Agreement apply to all information fumished by either Party to the
other in furtherance of the purpse of this Agreement, even if fumished
before the Effectve Date.
19.6 Each Part agrees that the disclosing Part could be
irrparably injured by a breach of the confidentiality obligations of this
Agreement by the receiving Part or its representatives and that the
disclosing Part is entitled to seek equitable relief, including injunctive
relief and specific performance in the event of any breach of the
confidentiality provisions of this Agreement. Such remedies are not
the exclusive remedies for a breach of the confidentiality provisions of
this Agreement, but are in addition to all other remedies available at
law or in equity.
19.7 Nothing herein should be construed as limiting either Part's
rights with respect to its own Confidential Information or its obligations
with respect to the other Parts Confidential Information under Section
222 of the Act.
. 20. Waiver. Except as otherwse provided herein, neither
Part's failure to enforc any right or remedy available to it under this
Agreement will be construed as a waiver of such right or a waiver of
any other provision hereunder.
21. Regulatory Approval. Each Part reserves its rights with
respect to whether this Agreement is subject to Sections 251 and 252
of the Act. In the event the FCC, a state commission or any other
govemmental authority or agency rejects or modifies any material
provision in this Agreement, whether by direct action or by virtue of
generic proceedings, including without limitation, any pricing terms,
either Part may immediately upon wntten notice to the other Part
terminate this Agreement in whole or in par, including without
limitation, with respect to Service in any state. In the event a Part
exercises its right to terminate pursuant to this Section 21, the other
Part agrees to consent to any regulatory approvals necessary to
disconnect any circuits provided pursuant to this Agreement and
further agrees to provide any required notice to affected customers
within five (5) business days of such notice. If a Part is required by a
lawful, binding order to fde this Agreement or a provision thereof wih
the FCC or state regulatory authorities for approval or regulatory
review, the filing Part shall provide wntten notice to the other Part of
the existence of such lawful, binding order so that the other Part may
seek an injunction or other relief frm such order. In addition, the filing
Part agrees to reasonably cooperate to amend and make
modifcations to this Agreement to allow the filing of this Agreement or
the specific part of this Agreement affected by the order to the extent
reasonably necessary.
.
22. Notices. Any notices required by or conceming this
Agreement will be in writing and wil be suffciently given if delivered
personally, delivered by prepaid ovemight express service, sent by
facsimile with electronic confirmation, or sent by certifed mail, retum
receipt requested, or by email where specified in this Agreement to
Qwest and CLEC at the addresses shown on the cover sheet of this
Agreement. Notwthstanding anything herein to the contrry, Qwest
may provide notice via email or by posting to Qwests website without
duplicate wntten notification for: (v) maieting notices; (w) notices
provided under Section 8; (x) rate change notices; or (y) notics
regarding changes in maintenance windows.
23. Force Majeure. Neither Part shall be liable for any delay
or failure in performance of any part of this Agreement frm any cause
beyond its control and without its fault or negligence including, without
limitation, acts of nature, acts of civil or miltary authority, govemment
regulations, embargoes, epidemics, terrorist acts, riots, insurrectons,
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, powr blackouts, volcanic action, other major
environmental disturbances, or unusually severe weather conditins
(each, a Forc Majeure Event). Inabilty to secure products or servicesof other Persons or transportation facilities or acts or omissions of
transporttion carrers shall be considere Forc Majeure Events to
the extent any delay or failure in performance caused by these
circumstances is beyond the Parts control and without that Parts
fault or negligence. The Part affected by a Force Majeure Event shall
give prompt notice to the other Part, shall be excused from
performance of its obligations hereunder on a day to day basis to the
extent those obligations are prevented by the Forc Majeure Event,
and shall use reasonable effort to remove or mitigate the Force
Majeure Event. In the event of a labor dispute or strike the Partes
agre to provide Service to each other at a level equivalent to the level
they provide themselves.
24. Governing La. Colorado state law, without reard to
choice-of-Iaw principles, govems all matters arising out of, or relating
to, this Agrement.
25. Dispute Resolution.
25.1 The Partes will attempt in good faith to resolve through
negotiation any dispute, claim or controversy arising out of, or relating
to, this Agreement. Either Part may give wntten notice to the other
Part of any dispute not resolved in the normal course of business.
Each Part will, within seven (7) Days after delivery of the written
notice of dispute, designate a vice-president level employee or a
representative with authority to make commitments to review, meet,
and negotiate, in good faith, to reslve the dispute. The Parties intend
that these negotiations be. conducted by non-lawyer, business
representatives, and the locations, format, frequency, duration, and
conclusions of these discussions wil be at the discretion of the
representatives. By mutual agreement, the representtives may use
other procedures to assist in these negotiations. The discussions and
correspondence among the representatives for the purposes of these
negotiations wil be treated as Confidential Information developed for
purposes of settlement, and will be exempt from discovery and
production, and are not admissible in any subsequent procedings
without the concurrence of both Parties.
25.2 If the designated representatives have not reached a
resolution of the dispute within fifteen (15) Days after the wntten notice
(or such longer period as agreed to in wnting by the Partes), then
either Part may commence a civil action. Any acton will be brought in
the United States District Court for the District of Colorado if it has
subject matter jurisdiction over the action, and shall otherwise be
brought in the Denver District Court for the State of Coorado. The
Parties agree that such courts have personal juriiction over them.
25.3 Waiver of Jurv Trial and Class Action. Each Part, to the
extent permitted by law, knowingly, voluntarily, and intentionally waives
its right to a trial by jury and any right to pursue any claim or action
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
November 29, 2010/kjclMcLeod/Qwest QLSpTM MSA - (v1 0-15-1 0) Page 7 of 11
AZ-CDS-101021-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-0103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101 021-01 09;
SD-CDS-101021-0110; UT-CDS-101021-0111; WA-CDS-101021-D112; WY-CDS-101021-D113
DocuSign Envelope ID: 5AA6737-DD4D-4655-A346-E9FCCADDB55F
25.4 No cause of action regardless of the form of acon, ariing
out of, or relating to this Agreement, may be brought by eiter Part
more than tw (2) years after the cause of acton arises.
26. Headings. The headings used in this Agreement are for
convenience only and do not in any way limit or otherwse affect the
meaning of any terms of this Agreement.
27. Authorization. Each Part represents and warrnts that:
A. the full legal name of the legal entity intended to provide and
receive the benefits and Services under this Agrement is
accurately set forth herein;
B. the person signing this Agrement has been duly authorized
to execute this Agreement on that Parts behalf;
C. the execution hereof is not in conflict with law, the terms of
any charter, bylaw, articles of association, or any agremen to
which such Part is bound or affected; and
D. each Part may act in reliance upon any instructon,
instrument, or signature reasonably believed by it to be authorized
and genuine.
28. Third Part Beneficiaries. The terms, representations,
warranties and agreements of the Parties set forth in this Agreement
are not intended for, nor wil they be for the benefi of or enforceable
by, any third part (including, without limitation, CLEC's Affliates and
End Users).
29. Insurance. Each Part shall at all times during the term of
this Agreement, at its own cost and expense, carr and maintain the
insurance coverage listed below with insurers having a "Best's" rang
of B+XIII with respect to liabilty arising frm its opertions for which
that Part has assumed legal responsibility in this Agreement. If a
Part or its parent company has assets equal to or exceding
$10,000,000,000, that Part may utilze an Affliate captive insurance
company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Party is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Section, to the extent its affliated Part
fails to meet such obligations.
29.1 Workers' Compensation with statuory limits as required in
the state of operation and Employers' Liabilty insurance with limit of
not less than $100,000 each accident.
29.2 Commercial General Liabilty insurance covering claims for
bodily injury, death, personal injury or propert damage, including
coverage for independent contractor's protection (required if any work
wil be subcontracted), product and/or completed operations and
contractual liabilty with respect to the liabilty assumed by each Part
hereunder. The limits of insurance shall not be less than $1,000,000
each occurrence and $2,000,000 general aggregate limit.
29.3 "All Risk" Propert coverage on a full replacement cost basis
insuring all of such Parts personal propert situated on or within the
Premises.
29.4 Each Part may be asked by the other to provide
certifcate(s) of insurance evidencing coverage, and thereafter shall
provide such certifcate(s) upon request. Such certifcates shall:
'\
,
B. indicate that coverage is primary and not excess of, or .
contributory with, any other valid and collectible insurance
purchased by such Part; and
C. acknowledge severabilty of interest/cross liabilty coverage.
30. Communications Assistance Law Enforcement Act of
1994. Each Party represents and warrnts that any equipment,
facilties or Services provided to the other Part under this Agreement
comply with the CALEA. Each Part wil indemnify and hold the other
Part harmless frm any and all penalties imposed upon the other
Part for such noncompliance and will at the non-eompliant Parts
sole co and expense, modif or replace any equipment, facilities or
Servces provided to the other Party under this Agreement to ensure
that such equipment, facilities and Servces fully comply with CALEA.
31. Entire Agreement. This Agreement (including all
Attchments, Rate Sheets, and other documents referred to herein)
constitutes the full and entire understanding and agreement betwen
the Parties with regard to the subject of this Agreement and
superses any prior understandings, agreements, or representations
by or between the Parties, wrtten or oral, including but not limited to,
any term sheet or memorandum of understanding entered into by the
Parties, to the extent they relate in any way to the subject of this
Agreement. Notwthstanding the foregoing, certin elements used in
combination with the Service provided under this Agreement are
provided by Qwest to CLEC under the terms and conditions of its
intercnnection agreement, and nothing contained herein is intended
by the Parties to amend, alter, or otherwse modify those terms and
conditions.
32. Proof of Authorization.
32.1 Each Part shall be responsible for obtaining and.
maintaining Proof of Authorization (POA), as required by applicable
federal and state law, as amended from time to time.
32.2 Each Part will make POAs available to the other Part upon
request. In the event of an allegation of an unauthorized change or
unauthorized service in accordance with Applicable Law, the Part
charged with the alleged infraction shall be responsible for resolving
such claim, and it shall indemnify and hold harmless the other Part for
any losses, damages, penalties, or other claims in connection with the
alleged unauthorized change or service.
33. General Terms.
33.1 Owest will provide general repair and maintenance services
on its facilties, including those facilties supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Qwest.
33.2 In order to maintain and modemize the network properly,
Qwest may make necesary modifications and changes to its network
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Netwrk maintenance and modernization
activities will result in transmission parameters that are within
transmission limits of the Servce ordered by CLEC. Qwest will provide
advance notice of changes that afect network Interoperabilty pursuant
to applicable FCC rules.
33.3 Network Security.
A. name the other Part as an additional insured under
commercial general liabilty coverage; A. Protection of Service and Propert. Each Part wil exercise
the same degree of care to prevent harm or damage to the other
Part and any third parties, its employees, agents or End User
Customers, or their propert as it employs to protect its own .
November 29, 2010/kjclMcLeod/Qwest QLSpTM MSA - (v10-15-10) Page 8 of 11
AZ-CDS-101021-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-0103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101 021-u1 09;
SD-CDS-101021-u110; UT-CDS-101021-0111; WA-CDS-101021-u112; WY-CDS-101021-0113
,.
I DocuSign Envelope ID: 5AA46737"DD4D-4655-A346-E9FCCADDB55F
.employee, agents, End User Customers and property, , but in no
case less than a commercially reasonable degree of care.
materials, such CLEC activities wil be in accrdance with
Applicable Law, including without limitation, applicable local, state
and federal environmental and health and safety sttutes and
regulations. Except for abatement activities undertaken by CLEC
or equipment placment activities. that result in the generation of
asbestos-cntaining material, CLEC does not have any
responsibilty for managing, nor is it the owner of, nor does it have
any liabilty for, or in connection with, any asbestos-cntaining
material. Qwest agrees to immediately notify CLEC if Owest
undertkes any asbestos control or asbestos abatement activites
that potentially could affect CLEC personnel, equipment or
operations, including, but not limited to, contamination of
equipment.
B. Each Part is responsible to provide securi and privacy of
communications. This entails protecting the confidential nature of
Telecommunications transmissions between End User Customers
during technician work operations and at all times. Specifically,
no employee, agent or representative shall monitor any circuits
except as required to repair or provide Service of any End User
Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or
who participated in such communications or even that such
communication has taken place. Violation of such security may
entail state and federal criminal penalties, as well as civil
penalties. CLEC is responsible for covering its employees on
such security requirements and penalties.
C. The Parties' networks are part of the national security
netwrk, and as such, are protected by federal law. Deliberate
sabotage or disablement of any portion of the under1ying
equipment used to provide the netwrk is a violation of federal
statues with severe penalties, especially in times of national
emergency or state of war. The Parties are responsible for their
employees with respect to such security requirements and
penalties.
.
D. Qwest shall not be liable for any losses, damages or other
claims, including, but not limited to, uncollectible or un bilable
revenues, resulting frm accidental, erroneous, malicious,
fraudulent or otherwise unauthorized use of Service or facilities
('Unauthorized Use"), whether or not such Unauthorized Usecould have been reasonably prevente by Qwest, except to the
extent Qwest has been notified in advance by CLEC of the
existence of such Unauthorized Use, and fails to take
commercially reasonable steps to assist in stopping or preventing
such activity.
33.4. Construction. Owest will provide necessary construction
only to the extent required by Applicable Law.
33.5. Individual case Basis Requests. CLEC may request
additional Services not specified in this Agreement and Qwest will
consider such requests on an Individual Case Basis.
33.6. Responsibilty For Environmental Contamination.
A. Neither Part shall be liable to the other for any costs
whatsoever resulting from the presence or release of any
Environmental Hazard that either Part did not intruce to the
affected work location. Each Part shall defend and hold
harmless the other Part and its respective offcers, directors and
employees from and against any losses, damages, claims,demands, suits, liabilities, fines, penalties and expenses
(including reasonable attomeys' fees) that arise out of or result
from:
1. any Environmental Hazard that the Indemnifying Part,
its contractors or agents introduce to the work locations; or
2. the presence or release of any Environmental Hazard
for which the Indemnifing Party is responsible under
Applicable Law.
B. In the event any suspect materials within Qwest-owned,
operated or leased facilties are identified to CLEC by Qwest to be
asbestos containing, CLEC will ensure that to the extent any
. activities which it undertkes in the facilty disturb such suspect
November 29, 2010/kjclMcLeod/Qwest QLSpTM MSA- (v1D-15-10) Page 9 of 11
AZ-CDS-101021-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-o103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101021-o109;
SD-CDS-101021-o110; UT-CDS-101021-0111; WA-CDS-101021-0112; WY-CDS-101021-0113
DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. se.), as
amended.
"Advanced Intellgent Network" or "AIN" is a Telecommunications network
architecture in which call processing, call routing and netwrk management
are provided by means of centralized databases.
"Affliate" means a Person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the tenn 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 pent.
"Automatic Location Identification" or "ALI" is the automatic display at th
Public Safety Answering Point of the caller's telephone number, the
address/location of the telephone and supplementary emergency service
infonnation for Enhanced 911 (E911).
"Applicable Law" means all laws, stattes, common law including, but not
limited to, the Act, the regulations, rules, and final orders of the FCC, a
state regulatory authority, and any final orders and decisions of a court of
competent jurisdiction reviewing the regulations, rules, or orders of the
FCC or a state regulatory authority.
"Bil Date" means the date on which a Billng period ends, as identifed on
the bilL.
"Billng" involves the provision of appropriate usage dat by one
Telecommunications Carrer to another to facilitate Custmer Billng with
attendant acknowledgments and status reports. It also involves the
exchange of infonnation between Telecommunications carrers to proce
claims and adjustments.
"carrer" or "Common carrier" See Telecommunications carrer.
"central Ofce" means a building or a space within a building where
transmission facilties or circuits are connected or switched.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C.
Section 332 and FCC rules and orders interpreting that statute.
"Communications Assistance for Law Enforcement Act" or "CALEA" refers
to the duties and obligations of carrers under Section 229 of the Ac.
"Confidential Infonnation" means any infonnation that is not generally
available to the public, whether of a technical, business, or other nature
and that: (a) the receiving Part knows or has reason to know is
confidential, proprietary, or trade secret infonnation of the disclosing Party;
and/or (b) is of such a nature that the receiving Part should reasonably
understand that the disclosing Part desires to protect such infonnation
against unrestricted disclosure. Confidential Infonnation will not include
infonnation that is in the public domain through no breach of this
Agrement by the receiving Part or is already known or is independently
developed by the receiving Part.
"Customer" means the Person purchasing a Telecommunications Service
or an infonnation service or both from a Carrer.
"Day" means calendar days unless otherwise specified.
"Demarcation Point" is defined as the point at which the LEC ceases to
own or control Customer Premises wiring including without limitation inside
wiring.
"'
\
"Directory Assistance Service"includes, but is not limited to, making
available to callers, upon request, infonnation contained in the Directory
Assistance Database. Directory Assistance Service includes, where
available, the option to complete the call at the caller's direction.
"Due Date" means the specific date on which the requested Service is to
be available to the CLEC or to CLEC's End User Customer, as applicable.
"End User Customer" mens a third part retail Customer that subscrbes
to a Telecmmunications Service provided by either of the Parties or by
another carrer or by two (2) or more carrers.
"Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental Response
Compensation and Liabilty Act, Superfund Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
Occupational Safety and Health Act and provisions with similar purposes in
applicable foreign, state and local jurisdictions) or (ii) poses risks to human
health, safety or the environment (including, without limitation, indoor,
outdoor or orbital space environment) and is regulated under any
Applicable Law.
"FCC" means the Federal Communications Commission.
"Line Side" refers to End Offce Switch connections that have been
programmed to treat the circuit as a local line connected to a tenninating
station (e.g., an End User Customer's telephone station set, a PBX,
answering machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carrer" or "LEC" means any Carrier that is engaged in
the provision of Telephone Exchange Service or Exchange Accss. Such
tenn does not include a Carrer insofar as such Carrer is engaged in the
provision of Commercial Mobile Radio Service under Section 332(c) of the
Act, except to the extent that the FCC finds that such service should be
included in the definition of such tenn.
"Loop" or "Unbundled Loop" is defined as a transmission facilty between a
distributon frme (or its equivalent) in a Qwest Central Offce and the Loop
Demarction Point at an End User Customer's Premi.ses
"Local Service Request" or "LSR" means the industry standard fonns and
supporting documentation used for ordering local services.
"Miscellaneous Charges" mean charges that Qwest may asses in addition
to recurrng and nonrecurrng rates set forth in the Rate Sheet, for activit..
November 29, 2010/kjc/McLeod/Qwest QLSpTM MSA - (v10-15-10) Page 10 of 11
AZ-CDS-101021-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-0103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101021-0109;
SD-CDS-101021-0110; UT-CDS-101021-0111; WA-CDS-101021-0112; WY-CDS-101021-0113
,~. ., DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITIONS
Aic reuests Owest to perform, activities CLEC authonzes, or charges
.t' are a result of CLEC's actions, such as cancellation charges,
additional labor and maintenance. Miscellaneous Charges are not already
included in Qwsts recumng or nonrecumng raes. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Netwrk Element" is a facilit or equipment used in the provision of
Telecommunications Service or an information service or both. It also
includes features, functions, and capabilties that are provided by means of
such facilty or equipment, including subscnber numbers, databases,
signaling systems, and information suffcient for Biling and collection orused in the transmission, routing, or other provision of a
Telecommunications Service or an information service or both, as is more
fully descnbed in this Agreement.
"Operational Support Systems" or "OSS" mean pre-ordenng, Provisioning,
maintenance, repair and billng systems.
.Order Form" means service order request forms issued by Owest, as
amended from time to time.
"Person" is a general term meaning an individual or association,
corpration, firm, joint-stock company, organization, partnership, trust or
any other form or kind of entity.
"Port" means a line or trunk connection point, including a line card and
associated penpheral equipment, on a Central Offce Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilties connected to the Central Ofce Switch. Each
Line Side Port is typically associated with one or more telephone numbers
that serve as the Customer's netwrk address.
.remises" refers to Qwests Central Offces and Serving Wire Centers; all
ldings or similar structures owned, leased, or otherwise controlled by
est that house its network facilties; all structures that house Owest
facilties on public rights-of-way, including but not limited to vaults
containing Loop concentrators or similar structures; and all land owned,
leased, or otherwise controlled by Qwest that is adjacent to these Central
Ofce, Wire centers, buildings and structures.
"Proof of Authonzation" or "POA" shall consist of venfication of the End
User Customer's selection and authonzation adequate to document the
End User Customer's selection of its local service provider and may take
the form of a third part venficaion format.
"Provisioning" involves the exchange of information between.
Telecomunications Carriers where one executes a request for a set of
products and servces from the other with attendant acknowledgments and
status report.
"Public Switched Network" includes all Switches and transmission facilities,
whether by wire or radio, provided by any Common Carner including LECs,
IXCs and CMRS providers that use the North Arencan Numbenng Plan in
connection with the provision of switched service.
"Serving Wire Center" denotes the Wire Center fro which dial tone for
local exchange service would normally be provided to a particular
Customer Premises.
"Switch" means a switching device employed by a Carner within the Public
Switched Netwrk. Switch includes but . is not limited to End Ofce
Switches, Tandem Switches, Accss Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End OfcelTandem Switches.
"Switched Access Traffc," as specifically defined in Qwests interstate
Switched Accss Tanff, is traffc that originates at one of the Parts End
User Customers and terminates at an IXC Point of Presence, or onginates
at an IXC Point of Presence and terminates at one of the Part's End User
Customers, whether or not the traffc transits the other Parts netwrk.
"TanW' as used throughout this Agreement refers to Owest interstate
Tanff and state Tanffs, pnce lists, and pnce schedules.
"Telecommunications Carner" means any provider of Telecommunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Secton 226 of the Act). A
Telecommunications Carner shall be treated as a Common Carner under
the Act only to the extent that it is engaged in providing
Telecommunications Services, except that the FCC shall deterine
whether the provision of fied and mobile satellte servce shall be treated
as common carnage.
"Telecommunications Service" means the offenng of telemmunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilites used.
"Telephone Exchange Service" means a Service within a telephone
exchange, or within a connected system of telephone exchanges within the
same exchange area operated to fumish to End User Customers
intercommunicating Servce of the character ordinanly fumished by a single
exchange, and which is covered by the exchange service charge, or
comparable Servce provided through a system of Switches, transmission
equipment or other facilties (or combinations thereof) by which a
subscnber can onginate and terminate a Telecommunications Service.
"Trunk Side" refers to Switch connections that have been programmed to
treat the circuit as connected to another switching entity.
"Wire Center" denotes a building or space within a building that serves as
an aggregation point on a given Carner's netwrk, where transmission
facilties are connected or switched. Wire Center can also denote a
building where one or more Central OffIces, used for the provision of basic
exchange Telecommunications Serices and acces service, are locted.
Terms not otherwse defined here but defined in the Act and the orders and
the rules implementing the Act or elsewhere in this Agreement, shall have
the meaning defined there. The definition of terms that are included here
and are also defined in the Act, or its implementing orders or rules, are
intended to include the definition as set forth in the Act and the rules
implementing the Act.
"Shared Transport" is defined as local interoffce transmission facilties
shared by more than one Carner, including Qwest, between End Offce
Switches, between End Ofce Switches and Tandem Switches (local and
Access Tandem Switches), and betwn Tandem Switches within the
Local Callng Area, as descnbed more fully in this Agreement.
.ovember 29, 2010/kjc/McLeod/Qwest QLSpTM MSA - (v1 0-15-1 0) Page 11 of 11
AZ-CDS-101021-0100; CO.CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-0103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101021-D109;
SD-CDS-101021-0110; UT-CDS-101021-0111; WA-CDS-101021-0112; WY-CDS-101021-0113
..
DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
.1.0
.
.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT2-QLSP~ Service Description
Qwest will .provde Qwest Local Services Platfonn~
("QLSP4) Services accing to the tenns and conditions
set forth in the QLSP Agreement betwen the Parties (the
"Agreement") and in this Attchment 2 to the Agreement,
which is incorporated into and made a part of the Agreement
(this "Attchment"). Except as otherwise set forth in this
Attchment, capitalized tenns used but not otherwe
defined herein have the definitions assigned to them in the
Agreement. CLEC may use QLSP Services to provide any
Telecommunications Serces, infonnaton services (or both)
that CLEC chooses to offer to the extent that such services
are granted herein or not limited hereby.
1.2.1 Pursuant to. the order issued by the FCC
pertining to the availabilty of Unbundled Netwrk Element
("UNE") Loops under Secton 251(c)(3) of the Act in itReport and Order-Petition of Qwest Corpration for
Forbrance Pursuant to 47 U.S.C. § 160(c) in the Omaha
Metropolitan Statistical Are, FCC 05-170, WC Docket No.
04-223, (effective September 16, 2005), Qwst will provide
to CLEC the Loop element of QLSP Services purchased in
the following nine Omaha Nebraska Wire Centers under the
tenns and conditions of the Agreement and this Attchment
at Rates provided in the Rate Sheet: Omaha Douglas;
Omaha Izard Street; Omaha 90t Street; Omaha Fort Street;
Omaha Fowler Street; Omaha 0 Street; Omaha 78th Street;
Omaha 135th Street; and Omaha 156th Street.
1.2.2 The following QLSP Service types will be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(including Centrex 21); Centrex Plus; Centron in Minnesota
only; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP ResidentiaL.
1.1 General QLSP Service Description.
1.1.1 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Advanced
Intelligent Netwrk ("AIN") Services, e.g., remote accs
forwarding, and Qwest Voice Messaging Services ("VMS")
may also be purchased with compatible QLSP Services.
These Netwrk Elements will be provided in compliance wih
all Telcorcla and other industry standards and technical and
perfonnance specifitions to allow CLEC to combine the
QLSP Services with a compatible voicemail product and
stutter dial tone. Qwst will provide access to 911
emergency services and directory listings in accrdance with
the tenns and conditions of CLEC's intercnnection
agreements ("ICAs"), except that the business end user rate
in the applicable tanff applies to all end user premium and
prvacy directory listings (with the exception of residential
additional listings, i.e., USOC RL T) when services are
provisioned to CLEC under this Agreement whether CLEC's
end user is a residential end user or a business end user.
As part of the QLSP Service, Qwest combines the Netwrk
Elements that make up QLSP Service with analog/digital
capable Loops, with such Loops (including services such as
line splitting) being provided in accordance with the rates,
tenns and conditions of the CLEC's ICAs. CLEC may also
purchase Qwest Commercial High Speed Intemet (HSI)
Service (also know as Qwest Digital Subscriber Lineq
(DSL)), under a separate Services agreement, to be usedwith compatible QLSP Service.
1.2.3 QLSP PBX Analog 2-Way DID Trunks will be
combined with 4 wire loops.
1.3 Local Switching. The Local Swtching Netwrk Element
("Local Switching") is collectively the Line Side and Trunk
Side facilties in the local serving Qwst end offce Switch
which provides the basic switching function, the port, plus
the features, functons, and capabilties of the switch
including all compatible, available, and loaded vertical
features (e.g., anonymous call rejection) that are loaded in
that switch. Vertcal features are softare attributes on end
offce Switches and are listed on the Owest wholesale
website. Qwest signaling is provided with Local Switching
solely as descnbed in Section 1.4.2 of this Attchment. The
following Local Switching port are available with QLSP
Service: Analog Line Port, Digitl Line Ports Supporting
Basic Rate InterfaceIntegrated Services Digital Netwrk
("BRI ISDN"), and Analog Trunk Port.
1.3.1 Analog Line Port. Line Port attnbutes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detecton; audible and power nnging;
Automatic Message Accuhting (AMA Recording); and
blocking options.
1.1.2 QLSP Service is available in six different service
arrangements, each of which is described more fully below:
QLSP Residential; QLSP Business; QLSP Centrex
(including Centrex 21, centrex Plus and, in Minnesota only,Centron); QLSP ISDN BRI; QLSP Public Accss Lines
("PAL"); QLSP PBX Analog DID and non-DID (one way and
tw way) trunks.
1.3.2 Digital Line Port Supporting SRI ISDN. BRI ISDN
is a digital architecure that provides integrated voice and
data capabilty (2 wire). A BRIISDN Port is a Digital 2B+D
(2 Bearer Channels for voice or data and 1 Delta Channel forsignaling and D Channel Packet) Line Side Switch
connecton with BRI ISDN voice and data basic elements.
For flexibilty and customization, optional features can be
added. BRI ISDN Port does not offer B Channel Packet
service capabilties. The serving arrngement confonns to
the intemationally developed, published, and recognized
standards generated by Intemational Telegraph and
Telephone Union (fonnerly CCITI).
1.1.3 Nothing in this Attchment or the Agreement
precludes Qwest from wihdrawing availabilty of
comparable, functionally equivalent services from its retail
end user customers. In the event of such withdrawal or
discntinuation, Qwest may also withdraw availabilty of the
equivalent QLSP Service.
1.2 Combination of QLSP Service with Loops. Except as
described below, the Loop will be provided by Qwest under
the applicable ICAs in effect between Qwest and CLEC at
the time the order is placed. As part of the QLSP Service,
Owest will combine the Local Switching and Shared
Transport Network Elements with the Loop.1.3.3.1 Analog trunk Port provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or
1.3.3 Analog Trunk Port. DSO analog trunk Ports can be
configured as DID, DOD, and tw-way.
November 29, 2010/kjc/McLeodl Attchment 2 - QLS~ - (v8-20-10)
AZ-CDS-101021-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-0103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-D108; OR-CDS-101021-0109;
SD-CDS-101021-0110; UT-CDS-101021-0111; WA-CDS-101021-D112; WY-CDS-101021-0113
,.
DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
4-Wire connecons. This Trunk Side connecion
inherently includes hunting within the trunk grop.
QWEST LOCAL SERVICES PLATFORM(l AGREEMENT
ATTACHMENT 2-QLSP(l Service Description
(SBN) data; originating line (callng number); billng number.
and terminating line (called number) information; callng card
validation; fraud prevention; Billng or service restrictions;
sub-ccunt information to be included on the calls Biling
record; and callng card, biled to third number, and collect
call information used in processing Altemately Biled
Services (ABS).
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Ofce. For 2-Wire servce, the trunks are
converted at the End User Customets loction.
1.3.3.3. Two-way analog DID trnks are capable of
initiating out going calls, and may be equipped wi
either rotary or touch-tone (DTMF) for this purpse.
When the trunk is equipped with DID call transfer
feature, both the trunk and telephone instrments
must be equipped wih DTMF.
1.3.3.4 Two-way analog DID trunks require E&M
signaling. Qwest will use Type i and II E&M
signaling to provide these trunks to the PBX. Typ II
E&M signaling from Qwest to the PBX will be
handled as a speial assembly reuest on an
Individual case Basis.
1.4.5 The ICNAM database is used with certin end
offce Switch features to provide the callng party's name to
CLEC's End User Customer with the applicable feature
capabilty. The ICNAM database contains current listed
name data by working telephone number served or
administered by Qwst, including listed name data provided
by other Telecommunications Carrers participating in
Qwsts callng name delivery service arrangement.
1.3.4 Usage. Local Switching Usage is biled on a
Minute of Use ("MOU" basis as descrbe wihin this
Attchment. Rates for "Local Switch Usage' or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
1.4.6 Qwest will provide the listed name of the callng
part that relates to the callng telephone number (when the
information is actually available in Qwests database and the
delivery is not blocked or otherwise limited by the callng
part or other appropriate request).
1.4 Vertical Features and Ancilary Functions and Services.
1.4.7 For CLEC's QLSP End User Customers, Owest
wil load and update CLEC's QLSP End User Customers'
name information into the UDB and ICNAM databases from
CLEC's completed service orders. CLEC is responsible for
the accuracy of its End User Customers' information.
1.4.1 QLSP Service includes nondiscriminatory acc to
all vertical features that are loaded in the Local serving
Qwest end offce switch.
1.4.8 Qwt wil exercise reasonable effort to provide
accurate and complete UDB and ICNAM information. The
information is provided on an as-is basis with all faults.
Qwst does not warrnt or guarantee the correctness or the
completenes of such information; however, Qwest will .
access the same database for CLEC's QLSP End User
Customers as Qwest accesses for its own End User
Customers. Qwst will not be liable for system outage or
inaccessibilty or for losses arising from the authorized use of
the data by CLEC.
1.4.2 Local Switching includes use of Qwests signaling
netwrk (ISUP call set-up) solely for Local Traffc. "Local
Traffc" and "Local Calls" means calls that originate and
terminate within the Local callng Area as defined in the
Qwest tariff. Qwest will provide service control points in the
same manner, and via the same signaling links, as Qwest
uses such service control points and signaling links to
provide service to its End User Customers served by that
switch. Qwests call related databases include the Line
Information Database (UDB), Internetwork Calling Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portbility Database. CLEC
will not have acces to Qwests AIN-based servces that
qualify for proprietary treatment, except as expressly
provided for in the Agreement or this Attchment. Local
Switching does not include use of Qwests signaling netwrk
for Toll Traffc. "Toll Traffc" and "Toll Calls" means intra local
access and transport area ("LATA") or interLTA calls that
originate and terminate outside of the Local Callng Area as
defined in the Qwest tariff. For all Toll Traffc originated by
or terminated to CLEC's QLSP End User Customer, Qwest
may bil applicable tariff charges, including SS7 message
charges (ISDN User Part (ISUP) and Transaction
Capabilties Application Part (TCAP)), to the Interexchange
Carrer (IXC) or other wholesale SS7 provider.
1.4.9 Qwest wil not charge CLEC for the storage of
CLEC's QLSP End User Customers' information in the UDB
or ICNAM databases.
1.5 Shared Transport and Toll.
1.4.3 ICNAM and UDB. CLEC will have non-
discriminatory accss to Qwests UDS database and ICNAM
database as part of the delivery of QLSP Service.
1.5.1 Shared Transport. The Shared TransportNetwrk Element ("Shared Transport") provides the
collective interoffce transmission facilties shared by various
Carrers (including Qwest) between end-offce switches and
between end-offce switches and local tandem switches
within the Local Callng Area. Shared Transport uses the
existing routing tables resident in Qwest switches to carr
the End User Customets originating and terminating
locl/extended area service interoffce Local traffc on the
Qwest interoffce message trunk network. CLEC traffc will
be carred on the same transmission facilties between end-
offce switches, between end-offce switches and tandem
switches and between tandem switches on the same
netwrk facilties that Qwest uses for its own traffc. Shared
Transport does not include use of tandem switches or
transport betwen tandem switches and end-offce switches
for Local Calls that originate from end users served by non-1.4.4 The UDS database contains the following data:
various telephone line numbers and special biling number
November 29, 2010lkjclMcLeodl Attchment 2 - QLS~ - (v8-20-10)
AZ-CDS-101021-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-0103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101021.0109;
SD-CDS-101021-0110; UT-CDS-101D21-0111; WA-CDS-101021-D112; WY-CDS-101021-0113 .
2
DoSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
QWEST LOCAL SERVICES PLATFORMil AGREEMENT
ATTACHMENT 2-QLSPil Service Description.
1.5.2 Originating Toll Calls from, and terminating Toll
Calls to, QLSP End Users wil be delivered to/frm the
designated IXCs frm the Qwest end-offce switches and
access tandems. Use of accs tandem switches are not
included in the Agreement or this Attchment and access
tandem charges, if any, may be biled by Qwest to th IXC(s)
under the applicable access tari.
Side Port (supporting BRI ISDN), and Share Transport
provided under the Agreement with a Basic Rate ISDN-
capable Loop provided in accordance with CLEC's ICAs,
except for those Loops that are otherwse provided for in the
Agreement.
Qwest Telecommunicatins Carrers ("Carrier(s)" which
terminate to QLSP End Users.
1.5.3 IntraLATA and InterLATA Carrier Designation.
QLSP includes the capabilty for selection of the interlTA
and intraLATA Toll provider(s) on a 2-Primary Interexchange
Carrier (PIC) basis. CLEC wil designate the PIC
assignment(s) on behalf of its End User Customers for
interlTA and intraLATA Service. All CLEC initiated PiC
changes will be in accordance with all Applicable Laws, rules
and regulations. Qwest will not be liable for CLEC's
improper PiC change reuests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange . Carrier ("LPIC") 5123. Qwest does not
authorize CLEC to offer, request, or select Qwest LPIC 5123
service to CLEC's End User Customers for intraLATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwst LPIC 5123 to CLEC's End User
Customers, Qwest will bil CLEC and CLEC will pay Qwest
the rates contained or referenced in the attached Rate
Sheet.
1.6.4 QLSP PAL is available to CLEC for only CLEC's
Payphone Service Provider (PSPs) and is the combination
of an analog Line Side Port and Share Transport provided
under the Agreement with an analog - 2 wire voice grade
Loop provided in accrdance with CLEC's ICAs, except for
those Loops that are otherwse provided for in the
Agreement.
1.6.5 QLSP PBX is available to CLEC for CLEC's
business End User Customers.
1.6.5.1 PBX analog non-DID trunks are combinations
of an analog Line Side Port and Shared Transport
provided under the Agreement with an analog - 2. wire
voice grade Loop proided. in accordance wih CLEC's
ICAs, except for those Loops that are otherse
provided for in the Agreement.
.1.
1.5.5 Usage. Shared Transport is biled on a MOU
basis as described within this Attchment. Rates for
"Shared Transport Usage" or "Shared Transport MOUs" are
provided in the QLSP Rate Sheet.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 2 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in the Agreement.
QLSP Service Arrangement Descriptions.
1.6.5.3 PBX wih analog 2- way DID trunks ar
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 4 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in the Agreement.
1.6.1 QLSP Business is available to CLEC for CLEC's
business End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except for those
Loops that are otherwise provided for in the Agrement.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Services
include Centrex 21, Centrex Plus and, in Minnesota only,
Centron, and are the combination of an analog Line Side
Port and Shared Transport provided under the Agreement
with an analog - 2 wire voice grade Loop provided in
accordance wih CLEC's ICAs, except for those Loops that
are otherwise provided for in the Agreement.
1.6.6 QLSP Residential is available to CLEC for CLEC's
residential End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agrement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except as
otherwise provided for in the Agreement. QLSP Residential
may be ordered and provisioned only for residential End
User Customer application. The definition of residential
service is the same as in Qwests retail tariff as applied to
Qwests End User Customers.
1.6.2.1 CLEC may request a conversion frm Centrex
21, Centrex-Plus or Centron service to QLSP Business or
QLSP ResidentiaL. The Conversion NRC(s) provided in
the Rate Sheet wil apply.
1.6.6.1 In order for CLEC to receive QLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must identify
residential end users by working telephone number
(WTN) utilzing the LSR process as describe in the
Qwest wholesale website.
2.0 Additional Terms and Conditions and Service Features.
Qwest does not warrnt the availabilty of facilties at any
serving wire center. QLSP Services will not be available if
facilties are not available. Qwest represents and warrnts
that it will not otherwse restrict facilties eligible to provide
1.6.3 QLSP ISDN BRI is available to CLEC for CLEC's QLSP Service and that any and all facilties that would
End User Customers and is the combination of a Digital Line otherwise be available for retail service to a Qwest End User
November 29, 2010/kjclMcLeodl Attachment 2 - QLSPQi - (v8-20-10)
AZ-CDS-101021-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-0103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101021-u109;
SD-CDS-101021-U110; UT-CDS-101021-0111; WA-CDS-101021-u112; WY-CDS-101021-0113
1.6.2.2 Qwest will provide access to Customer
Management System (CMS) with QLSP-Centrex at the
rates set forth in the Rate Sheet.
2.1
.
3
DocuSign EnvelopelD: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
QWEST LOCAL SERVICES PLATFORM!l AGREEMENT
ATTACHMENT 2-QLSP!l Service Description
Customer wil be considered eligible for use by CLEC for Customers and new QLSP Service End User Customers, to .
QLSP Service to serve that same End User Customer. the same degree and extent that 911/E911 emergency
service were provided by Qwest prior to the elimination of
911/E911 emergency services as an obligation under 47
U.S.C. §251.
2.2 Loop Start ("LPS") to Ground Start. ("GST") and GST to
LST Changes ("LPS/GST Change") . are available wih
QLSP Services. POTS Service (e.g., a QLSP Centrex 21
line) can functionally and operationally be provisioned as
either LPS or GST. Unless specifically requested otherwise,
Qwest provisions POTS Service as LPS. GST is generally
provisioned for Private Branch Exchange ("PBX") type
services. LPS/GST Changes allow the CLEC to reuest a
facilty served by LPS to be changed to GST or vice versa.
Additional information and ordering reuirements are
detailed on the Qwest Wholesale website.
Accss to 911/E911 emergency Services for CLEC's End
User Customers wil be available in accrdance wih CLEC's
ICAs. If Qwest is no longer obligated to provide acces to
911/E911 emergency services in accordance with 47 U.S.C.
§251 , Qwest will then provide such services under the
Agreement with respect to all CLEC QLSP Service End User
November 29, 2010lkjclMcLeod/ Attchment 2 - QLS~ - (v8-20-10)
AZ-CDS-1 01021-01 00; CO-CDS-1 01 021-01 01; IA-CDS-101 021-01 02; ID-CDS-101021-0103;MN-CDS-1 01 021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101021-0109;
SD-CDS-101021-Q110; UT-CDS-101021-0111; WA-CDS-101021-Q112; WY-CDS-101021-0113
2.3
2.2.1 The Subsequent Order Charge provided in the
QLSP Rate Sheet and the Qwest retail Tariff nonrecurrng
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, will be added to service orders
requesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwest wil provide to CLEC
certin originating and terminating call records ("usage
information") generated by CLEC's QLSP end user via a
DUF.
2.3.1 Qwest will provide to CLEC Local Call usage
information within Qwst' contrl with repect to cals
originated by or terminated to CLEC QLSP End User
Customers in the form of the actual information that is
comparable to the information Qwst uses to bill Us ow End
User Customers.
2.3.2 Qwest wil provide to CLEC usage information
necessry for CLEC to bil for interLTA and intraLATA
exchange accss to the IXC (excluding intraLATA usage
information if Qwest LPIC 5123 is selected as the intra LATA
Toll provider) in the form of either the actual usage or a
negotiated or approved surrgate for this information, as
such biling is described and allowed under section 3.7 of
this Attachment. These exchange access records will be
provided as Category 11 EMI records via the DUF.
2.3.3 Qwest wil provide DUF records for the followng:
all usage occurrences bilable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrpt (BU);
originating local usage; usage sensitive CLASS features;
and Qwest-provided intraLATA toll.
2.3.4 Local Call usage records will be provided as
Category 01 or Category 10 EMI records via the DUF.
Terminating Local Call usage records are not collected or
available and wil not be provided.
2.4 Feature and interLATA or intra LATA PIC changes or
additions for QLSP, will be processed concurrently with the
QLSP order as specified by CLEC.
2.5
2.6 Qwest AIN and VMS are offered on a commercial basis and
may be purchased with QLSP at the rates set forth in the
attched Rate Sheet. Retail promotions may not be
combined wih QLSP.
2.7 If Qwest develops and deploys new local switch features for
its End User Customers, those switch features will be
available with QLSP Service in the same areas and subject
to the same limitations. The rates that Qwest charges for
such new local switch features will not in any case be higher
than the retail rate Qwest charges for such features.
2.8 Nothing in the Agreement alters or affect CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
2.9 Qwest Operator Service and Directory Assistance Servces
are provided under the terms and conditions of CLEC's
ICAs.
3.0 Rates and Charges.
3.1 The recurrng ("MRC") and NRC rates for QLSP Service
and all assciated QLSP applicable usage-based rates and
miscellaneous charges are set forth or incorporated by
reference into the attached QLSP Rate Sheets. Rates for
QLSP Services are in addition to the applicable rates for .
elements and Services provided under CLEC's ICAs.
Applicable intercarrier compensation rates and charges
(such as access charges, reciprocal compensation, and
other charges for elements and services) are applicable and
are provided under a separate Agreement or Tariff.
3.2 QLSP rates Effctive Date through Tenn. Starting on the
Effective Date of the Agreement, rates for the Service will be
those provided or referenced in the attched Rate Sheet.
The MRCs for the switch port wil be adjusted annually,
effective January 1 of each year through the term of the
Agrement. CLEC is eligible for and wil receive discounts
on the Basic Plan switch port MRCs if it meets the volume
plans described below. Discounts are not cumulative and
Qwest will apply the highest discount rate for which CLEC
qualifies. Basic Plan MRCs wil apply if CLEC does not
qualify for any discount.
3.2.1 90% YOY Volume Retention Plan: If the
number of CLEC's QLSP total lines as of October 31 of
each year equals or exceeds 90% of the sum of
CLEC's QLSP totl lines as of October 31 of the
preceing year, CLEC wil qualify for a 10% discount off
of the Business Port and a 2% discount off of the
Residential Port MRCs applicable during the next
calendar year.
3.2.4 115% YOY Volume Growh Plan: If the
number of CLEC's total QLSP lines as of October 31 of
each year equals or exceeds 115% of the sum of .
4
DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
.
.3.5
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
CLEC's total QLSP lines as of October 31 of the
preceing year, and the YOY line increase is equal to
or greater than one thousand five hundred (1,500)
QLSP Unes, CLEC wil qualify for a 30% discount off of
the Business Port MRCs and a 6% discount off of the
Residential Port MRCs applicable during the next
calendar year.
Transport, and ISUP Signal Switching, as well as L1DB,
ICNAM and 8XX) associated with interLATA and intraLATA
Toll Calls originated by or tenninated to a QLSP End User
under the applicable Tariff.
3.7.3 Transit. For any call originated by an end user
served by a Carrr that routes through Owests netwrk and
which tenninates to a QLSP End User, Qwest retains its
rights to bil the originating Carrer Transit charges for that
call under the originating Carrets Agreement.3.3 For purposes of counting CLEC's total QLSP lines in secion
3.2 as of October 31 of each year, Qwst will include all
QLSP lines, if any, from the previous year. For example, to
detennine 2011 QLSP raes, Qwest will use the total number
of CLEC's QLSP lines as of October 31, 2009 compared to
CLEC's total number of QLSP lines as of October 31, 2010
in order to calculate CLEC's discount eligibilty on January 4,
2011. Each subsequent adjustment will be effective on each
January 1 during the tenn of the Agrement.
Except as otherwse provided herein, the Loop element
combined with a QLSP Service will be provided in
accordance with CLEC's ICAs with Qwest at the rates set
fort in thse ICAs.
3.8 Local Switching Usage and Shared Transport Minute of
Use (MOU) This secion describes the use of the Qwest
network for different call types originated by or tenninated to
QLSP End Users. This section does not affect Owests
rights to charge IXCs for signaling as described in Section
1.4.2 of this Attchment.
3.7.4 Other. Qwest retains its rights to billXCs or other
Carrers, as applicable, any and all other access charges
and assesments not expressly addressed in this secton,
including but not limited to flat rae transport charges, in
accordance with the applicable Tariff
3.4
3.4.1 Loops provided under the Agreement. Upon
thirt (30) Days notice via the standard commercial
notifiction process, Qwest may change monthly recurrng
charges for the Omaha, Nebraska Loop elements provided
under the Agreement. Additionally, notwthstanding the
rates reflected in the Nebraska QLSP Rate Sheet, the
Parties understand and agree that Owest has the right to
adjust commercial port rates in Nebraska after the Nebraska
PSC issues a final order related to Application No.
C-3554/PI-112 and CLEC's continued use of any Services in
Nebraska constitutes its acceptance of such updated rates.
3.8.1 Originating IntraOfce Local Calls - This
originating Local Call requires switching by the local serving
Qwest end offce Switch only. When this call type is
originated by a QLSP End User, Local Switch Usae
charges provided in the QLSP Rate Sheet will apply. For
these call tyes that also tenninate to an end user served by
a Carrer, Qwest may pay that Carrier certn termnating
compensation charges under tenns and conditions of a
separate ICA.
CLEC wil be responsible for biling its QLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statue, regulatin or as otherwse
required.
3.8.2 Originating InterOce Local Calls. This
originating Local Call requires switching by the local serving
Qwest end offce and other interoffce switching for Local
trffc. When this call type is originated by a QLSP end user,
Local Switch Usage per MOU and Share Transport per
MOU charges provided in the Rate Sheet will apply. For
these call tyes that also tenninate to an end user served by
a non-Qwest Carrier, Qwest may pay that Carrer certin
tenninating compensation charges under tenns and
conditions of a separate ICA
3.6 CLEC wil pay Owest the PiC change charge associated with
CLEC End User Customer changes of interLTA or
intraLATA Carrers. Any change in CLEC's End User
Customers' interLTA or intra LATA Carrer must be
requested by CLEC on behalf of its End User Customer.
3.7 Intercrrier Compensation. Excpt as specifcally
described in this Section, the Agreement does not change or
amend applicableintercarrier compensation arrangements
(including but not limited to Switched Acces, Signaling, orTransit charges) between any parties, including betwen
Owest and Carrers or IXCs.
3.8.3 Originating IXC Toll Calls. This originating Toll
Call requires swiching by the local serving Owest end ofce.
If the QLSP End Usets selected IXC does not have direct
trunking to the local servng Owest end offce, Shared
Transport is required to deliver that call to the Accss
Tandem for delivery to the IXC. When this call type is
originated by a QLSP end user, Local Switch Usage
provided in the QLSP Rate Sheet applies. Additionally, if
Shared Transport is necesary to deliver the call to the
Accss Tandem, Shared Transport Usage charges provided
in the QLSP Rate Sheet will apply. For these call types that
require Shared Transport, Owt retains its rights to bil the
IXC for Tandem elements under the Tariff.
3.7.1 Switched Access. For QLSP End User
Customer(s), Qwest will not charge to or collect from the IXC
usage based end offce and loop Switched Accss charges
(such as Switched Acss Local Switching. End OfceShared Port, Tandem Transmission and Carrer Common
Line) for InterLATA or IntraLATA Toll Calls originating or
tenninating frm that QLSP End User Customets line to an
IXC.3.8.4 Terminating IntraOffce and InterOffce Local
Calls. This tenninating Local Call requires swiching by the
local serving Owest end offce and in certain instances other
interoffce switching within the Local Callng are. When a
3.7.2 Signaling. Qwst retains its rights to charge IXCs
for signaling usage (ISUP Signal Fonnulation, ISUP Signal
November 29, 2010/kjclMcLeod/ Attachment 2 - QLS~ - (v8-20-1O)
AZ-CDS-101021-0100; CO-CDS-101021..0101; IA-CDS-101021-0102; ID-CDS-101021-0103; MN-CDS-101021-0104;
. ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-101 021-01 09;
SD-CDS-101021-0110; UT-CDS-101021-0111; WA-CDS-101021-0112; WY-CDS-101021-0113
5
DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
QWEST LOCAL SERVICES PLATFORM lI AGREEMENT
ATTACHMENT 2-QLSPlI Service Description
call is terminated to a OLSP end user, no charges wil apply disconnection.Owst wil notify CLEC by FAX, OSS.
under QLSP. For these call types that originate frm an end interface, or other agreed upon processes when an End
user served by a Carrer,. Owst retains it rights to bil that User Customer moves to Owest or another service provider.
Carrier certin Transit charges as descrbed in sen 3.7 Owst wil not provide CLEC or Owest retail personnel withabove. the name of the other service provider selected by the End
User Customer.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
caii always requires. switching by the local servng Owst
end offce. If the originating callets IXC doe not have dire
trunking to the QLSP end usets local servng Owst end
offce switch, Shared Transport is required to terminate the
call to the receiving QLSP end user. When this call type is
terminated to a OLSP end user, Local Switch Usage
charges provided in the Rate Sheet wil apply. Additionally,
if Shared Transport is necessary to deliver the call to the
OLSP end user from the access tandem, Share Transport
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, Owest retains
its rights to bil the IXC for Tandem elements under the
Tariff.
3.8.6 Originating Toll Calls when QC is the
IntraLATA Toll provider. See Section 1.5.4 above.
3.9 Owest wil have a reasonable amount of time to implement
system or other changes necessary to bil CLEC for rates or
charges associated with OLSP Services
4.5 The Partes will provide each other with points of contact for
order entr, problem resolution, repair, and in the event
special attention is required on service request.
3.10 OLSP Services have a one-month minimum servce period
requirement for each CLEC End User Customer. The one-
month minimum service period is the period of time that
CLEC is required to pay 100% of the MRC for the Service
even if CLEC does not retain Service for the entire month.
OLSP Services are biled month to month and wil after the
one month minimum service period is satisfied be pro-rated
for partial months based on the number of days Service was
provided.
5.0 Owest wil bil CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Billng period, in an
agreed upon standard electronic format. Billng information
wil include a summary bil and individual End User
Customer sub-accunt information. If CLEC needs
additional or different billng information in order to properly
bil its End Users or other Carrers (including Qwest), Owest
wil work with CLEC in good faith to deliver such information.
3.11 The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing service,
including changing a telephone number, initiating or
removing suspension of Servce, denying or restoring
service, adding, removing or changing features, and other
similar requests.
6.0
6.1
Maintenance and Repair.
Qwest will maintain facilities and equipment that comprise
the QLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Owest facilties or equipment, other than by
connection or disconnection to any interface between Qwest
and the End User Customer, without the written consent of
Qwest.
4.0 Systems and Intenaces.
6.2 Qwest wil provide general repair and maintenance Services
on its facilties, including those facilities supporting QLSP
Servces purchased by CLEC. Owest wil repair and restore
any equipment or any other maintainable component that.
adversely impact CLEC's use of OLSP Service. Owest and
CLEC wil cooperate with each other to implement
procedures and processes for handling service-affecting
events. There will be no charge for the Services provided
under this Section 6, except as set forth in the Rate Sheet.
4.1 Owest and CLEC wil support the use of currnt OSS
interfaces and OSS business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time.
7.0 Commercial Performance Measures and Reporting,
Performance Targets and Service Credits (including in
Washington, if Washington 7.0 is selectd by CLEC as
indicated on Signature Page).
Each Part wil provide suitably qualified persnnel to
perform its obligations under the Agrement and all QLSP
Services in a timely and effcient manner with dilgence and
care, consistent with the professional standards of practice
in the industry, and in conformance with Applicable Law.
The QLSP Service attributes and process enhancements are
not subjec to the Change Management Process ("CMP").
CLEC proposed changes to QLSP Servce attributes and
process enhancements will be communicated through the
standard account interfaces. Change requests common to
shared systems and processes subject to CMP will continue
to be addressed via the CMP procedures.
4.2 QLSP Services are ordered utilzing the LSR process as
described in the Qwest wholesale website.
7.1
7.2 Qwest will provide commercial performance measurements
and reporting against established performance targets with
OLSP Service. The following performance measurements
wil apply to OLSP Residential and QLSP Business: (a) Firm
Order Confirmations (FOCs) On Time; (b) Installation
Commitments Met; (c) Order Installation Interval; (d) Out of
4.3 Prior to placing an order on behalf of each End User
Customer, CLEC wil be responsible for obtaining and wil
have in its possession a Proof of Authorization as set forth in
the Agreement.
When Qwest or another provider of choice, at the End User
Customets request, orders the discontinuance of the End
User Customets existing service with CLEC, Qwest willrender its closing bil to CLEC effective as of the
November 29, 2010/kjclMcLeodl Attchment 2 - QLS~ - (v8-20-10)
AZ-CDS-101021-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-o103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101 021-01 07; NM-CDS-101021-0108; OR-CDS-101021-0109;
SD-CDS-101021-o110; UT-CDS-101021-0111; WA-CDS-101021-o112; WY-CDS-101021-0113
4.4
.
6
DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
.
.
QWEST LOCAL SERVICES PLATFORMlI AGREEMENT
ATTACHMENT 2-QLSPlI Service Description
Service Cleared within 24 Hours; (e) Mean Time to Restore;
and (f)Trouble Rate.
7.3 Commercial measurement definitions, methodologies,
performance targets and reporting requirements are set forthin Attchment 3 to the Agreement. Qwest will provide CLEC
with the raw data necessary to allow CLEC to disaggreate
results at the state level. Reporting of these performance
measures will be applied for activity beginning the first full
month of Service afer January 4, 2011.
CLEC will be entitled to service credits only for each
instance of a missed installation commitment and each
instance of an out of service condition that is not cleared
within 24 hours occurrng after January 4, 2011. All service
credits will be applied automatically by Qwest as credit
against CLEC's bil for the biling period following the one in
which the creits were accrued. Credits for Services
provided under the Agreement wil be applied for activity
beginning the first full month after January 4, 2011. Any
credits or payments related to the Service provided prior to
the first full month following January 4, 2011 and in
accordance with CMP, PID, PAP or any other wholesale
service quality stndards will no longer be applied beginning
the first full month after January 4, 2011.
Measures and Reporting, Perfrmnce Targets and Servce
Credits terms and conditions for services provided under the
Agreement and this Attchment outlined in Section 7.0 of
this Attchment.
8.2 The PIDs and PAP for Washington in their currnt form are
posted in the Qwst Wholesale PCAT, currntly calledNegotiations Template Agreement PCAT, under Exhibit B
and Exhibit K for Washington, respectively. Those PIDs and
that PAP are incorporated by referenced into, and made a
part of, this Attchment. Subsequent changes to the PIDs or
PAP submited to the WUTC will be incorporated into the
applicable exhibit as soon as they are effectve either by
operation of law or WUTC order, whichever occrs first and
without further amendment to this Attachment.
7.4
7.4.1 Installation Commitments Met. For each
installation commitment that Owest, through its ow
fault, fails to meet, Qwest will provide a service credit
equal to 100% of the nonrecurrng charge for thatinstallation. Qwest will use the state installation
nonrecurrng charge contained in the Agreement for
that order type in calculating the creit. The definition
of a "missed installation commitmenr and the
associated exclusions are described in Attchment 3 to
the Agreement.
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Qwet, through its
own fault, fails to resolve within 24 hours, Qwest will
provide a service credit equal to one day's recurrng
charge (monthly recurrng charge divided by 30) for
each day out of service beyond the first 24 hours. (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEC wil be entitled to a creit equal to the
monthly recurrng charge divided by 30. If the out-of-
service condition existed for 48 to 71 hours, the credit
would equal tw times the monthly reurrng charge
divided by 30).
8.0 Service Performance Measures and Reporting and
Performance Assurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selected by CLEC as indicated
on the Signature Page to the Agreement).
8.1 If selected by CLEC under the terms and conditions of the
Agreement and this Attchment, Qwst will, in Washington
only, provide performance measurements, reporting, and
remedies compliant with the Washington Performance
Indicator Definitions ("PIDs") and the Qwest Washington
Performance Assurance Plan ("PAP") for the Service, if
eligible, provided under the Agreement and this Attachment.
Only in the state of Washington, and only if expressly
selected by CLEC under the terms and conditions of the
Agreement and this Attchment, does this PID and PAP
replace, in their entirety, the Commercal Performance
8.3 To select the Service Perfrmance Measures and Reporting
and Performance Assurance Plan (PID/PAP) option, CLEC
must be a certified CLEC under applicable state rules and
have elected the PID and PAP under its Washington
interconnection agreement with Owest.
8.4 Eligible QLSP Service will be included in the UNE-P PAP
results beginning the first full month following. the Effecive
Date of the Agreement.
8.5 Notwthstanding the dispute resolution provisions in the
Agrement, the Parties will resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute reslution pros descrbed in the PAP.
.November 29, 2010/kjclMcLeodl Attchment 2 - QLS~ - (v8-2Q.10)
AZ-CDS.101021-0100; CO-CDS-101021-0101; IA-CDS-101021-0102; ID-CDS-101021-0103; MN-CDS-101021-0104;
ND-CDS-101021-0106; NE-CDS-101021-0107; NM-CDS-101021-0108; OR-CDS-1 01 021-Q1 09;
SD-CDS-101021-Q110; UT-CDS-101021-0111; WA-CDS-101021-Q112; WY-CDS-101021-0113
7
OocuSign Envelope ID: 5AA6737-DD4D-4655-A346-E9FCCADDB55F
.ATTACHMENT 3
Performance Targets for Qwest QLSpTM Service
.
.
ATTACHMENT 3- Perfomlanc Targets for Qwest QLSp™ Service
DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
FOC.1 - Firm Order Confirmations (FOCs) On Time .
Purpose:
Monitors the timeliness with which Qwest returns Firm Order Confirmations (FOCs) to CLECs in
response to LSRs received from CLECs, focusing on the degree to which FOCs are provided within
specified intervals.
Description:
Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the
intervals specified under "Performance Targets" below for FOC notifications.
· Includes all LSRs that are submitted through IMA-GUI and IMA-EDI interfaces that receive an FOC
during the reporting period, subject to exclusions specified below. (Acknowledgments sent
separately from an FOC (e.g., EDI 997 transactions are not included.)
· For FOC-1A, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwests response with a FOC notification (notification date and time).
· For FOC-1 B, the interval measured is the period between the application date and time, as defined
herein, and Qwests response with a FOC notification (notification date and time).
· "Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC.
· "Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EDI and involve manual
processing.
· LSRs wil be evaluated according to the FOC interval categories shown in the "Performance
Targets" section below, based on the number of lines requested on the LSR or, where multiple
LSRs from the same CLEC are related, based on the combined number of lines requested on the
related LSRs.Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.Individual CLEC . FOC-1A: FOCs provided for fully electronic LSRs received via IMA- .
GUI or IMA-EDI
FOC-1 B: FOCs provided for electronic/manual LSRs received via
IMA-GUI or IMA-EDI
Formula:
FOC-1A = UCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR
received date/time (based on scheduled up time)) is within 20 minutes) -(Total Number of
original FOC Notifications transmitted for the service category in the reporting period)) x 100
FOC-1 B = UCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (Application
Date & Time)" is within the intervals specified for the service category involved) -(Total
Number of original FOC Notifications transmitted for the service category in the reporting
periodH x 100
.
ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
Page 2
DQcuSign Envelope ID; 5AA46737..DD4D4655-A346-E9FCCADDB55F
.
.
.
Exclusions:.LSRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the
"Penormance Targets" section below, or service/request types, deemed to be projects..Hours on Weekends and holidays. (Except for FOC-1A, which only excludes hours outside the
scheduled system up time.).LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the measure definition..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid startstoo dates/times.
Product Reporting:Penormance Taraet:
FOC-1A 95% within 20 minutes
QLSP-POTS
FOC-1B 95% within standard FOC
intervals (specified below)
Standard FOC Intervals
Product Group NOTE 1 FOC
Interval
QLSP-POTS (1-39 lines) FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
Penormance wil be measured
beginning the first full month of
QLSP service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
oroduct type are considered ICB.
ATIACHMENT 3 - Performance Targets for Qwst QLSp™ Service
Page 3
DocSign Envelope ID: 5AA46737 -DD4D-4655-A346-E9FCCADDB55F
ICM.1 . Installation Commitments Met
Purpose:
Evaluates the extent to which Qwest installs services for Customers by the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
. All inward orders (Change, New, and Transfer order tyes) assigned a due date by Qwest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all Corders
representing inward activity (with "I" and"T" action coded line USOCs). Also included are orders with
customer-requested due dates longer than the standard intervaL.
. Completion date on or before the Applicable Due Date recorded by Qwest is counted as a met
due date. The Applicable Due Date is the original due date or, if changed or delayed by the
customer, the most recently revised due date, subject to the following: If Qwest changes a due
date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that
is (a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if
any.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1B No dispatches.
. Results for product/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
ICM-1 C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) . (Total Orders
Completed in the Reporting Period)) x 100 .
Exclusions:
. Disconnect, From (another form of disconnect) and Record order types.
. Due dates missed for standard categories of customer and non-Qwest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving offcial company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
.
ATTACHMENT 3 - Performance Targets for Owest QLSp™ Service
Page 4
DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
.
.
.
Product Reporting Penormance Taraet:
MSA-TvDe:
QLSP-POTS QLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
Page 5
DoclJSign Envelope ID: 5AA46737-0D4D-4655-A346-E9FCCADDB55
011.1 . Order Installation Interval
Purpose:
Evaluates the timeliness of Qwests installation of services for CLECs, focusing on the average time to
install service.
Description:
Measures the average interval (in business days) between the application date and the completion
date for service orders accepted and implemented.
. Includes all inward orders (Change, New, and Transfer order tyes) assigned a due date by
Qwest and which are completed/closed during the reportng period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
. Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date is the CLEC-initiated due date, if any, that is (a~ subsequent to
the original due date and (b) prior to a Qwest-initiated, changed due date, if any. OTE 1
. Time intervals associated with CLEC-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest
Qwest-initiated due date, if any, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE 1
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional level.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
011-1 A Dispatches (Includes within MSA and outside MSA); and
011-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
01l-1C Interval Zone 1 and Interval Zone 2 areas.
.
.
Formula:
-((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date
and the Applicable Date) - (Time intervals associated with CLEC-initiated due date changes or delays
occurrng after the Applicable Due Date)) -Total Number of Orders Completed in the reporting period
Explanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business days) by total number of service orders completed in the reporting period.
Exclusions:
. Orders with CLEC requested due dates greater than the current standard intervaL.
. Disconnect, From (another form of disconnect) and Record order types.
. Records involving offcial company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
. Orders involving individual case basis (ICB) handling based on quantities of lines or orders
deemed to be projects.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 6
DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
.
.
.
Re ortedAs:
Avera e business da s
Zone-T e-
Penormance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
6 Days
3.5 Days
Availabilty:Notes:
1. According to this definition, the Applicable Due Date can
change, per successive CLEC-initiated due date changes or
delays, up to the point when a Qwest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(Le., with no further changes) as the date on which it was set
prior to the first Qwest-initiated due date change, if any.
Following the first Qwest-initiated due date.change, any further
CLEC-initiated due date changes or delays are measured as
time intervals that are subtracted as indicated in the formula.
These delay time intervals are calculated as stated in the
description. (Though infrequent, in cases where multiple
Qwest-initiated due date changes occur, the stated method for
calculating delay intervals is applied to each pair of Qwest-
initiated due date change and subsequent CLEC-initiated due
date change or delay. The intervals thus calculated from each
pairing of Qwest and CLEC-initiated due dates are summed
and then subtracted as indicated in the formula.) The result of
this approach is that Qwest-initiated impacts on intervals are
counted in the reported interval, and CLEC-initiated irnpacts on
intervals are not counted in the reported intervaL.
Performance wil be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Servce
Page 7
DocuSign Envelope ID: 5AA6737 -DDD-4655-A346-E9FCCADDB55F
00524.1 . Out of Service Cleared within 24 Hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on truble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (Le., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified
service that is out-of-service (Le., unable to place or receive calls), subject to exclusions
specified below.
. Time measured is from date and time of recipt of trouble ticket to the date and time trouble is
indicated as cleared.
.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Result for productservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
00S24-1A Dispatches (Includes within MSA and outside MSA); and
00S24-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
00S24-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Report closed in the reporting period that are cleared within 24
hours) . (Total Number of Out of Service Trouble Report closed in the reporting period)) x 100 .
Exclusions:
. Trouble reports coded as follows:
. For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit
Found OK, and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer
Instruction, Carrier, Alternate Provider).
. For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test
o K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missino data essential to the calculation of the measurement Der the measure definition..
ATTACHMENT 3 - Performance Targets for Owest OLSp™ Service
Page 8
DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
.
.
.
Product ReDortina:Peñormance Taraets:
MSA-TvDe -
... QLSP POTS Dispatch and Non-Dispatch .190%
Zone-TvDe -
..
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Perfonnance Targets for Owest QLSp™ Service
Page 9
DocuSignEnvelope ID: 5AA6737-DD4D-655-A346-E9FCCADDB55F
MTTR-1 - Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusina how long it takes to restore services to proper operation.
Description:
Measures the average time taken to clear trouble report.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified below.
. Includes customer direct reports, customer-relayed reports, and test assist reports that result in a
trouble report.
. Time measured is from date and time of receiot to date and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Hours and Minutes
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for productservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported accrding to orders involving:
MTTR-1A Dispatches (Includes within MSA and outside MSA); and
MTTR-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
MTTR-1C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
-((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened))e(Total number of
Trouble Reports closed in the reporting period)
Exclusions:. Trouble reports coded as follows: .
e For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the
Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
e For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0
K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Owest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement per the measure definition.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 10
DocuSign Envelope ID: 5AA46737 -DDD-655-A346-E9FCCADDB55F
.
.
.
Product Reporting:Penormance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-TvDe -..
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 11
DocuSign Envelope ID: 5AA46737 -DD4D-4655-A346-E9FCCADDB55F
TR-1 - Trouble Rate
Purpose:
Evaluates the overall rate of trouble report as a percentage of the total installed base of the service or
element.
Description:
Measures trouble report by product and compares them to the number of lines in service.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified
below.
. Includes all applicable trouble reports, including those that are out of service and those that are
only service-affecting.Reporting Period: One month Unit of Measure: Percent
.
Reporting Individual CLEC Disaggregation Reporting: Regional leveL.
Formula:
((Total number of trouble reports closed in the reporting period involving the specified service
grouping) -(Total number of the specified services that are in service in the reporting period)) x 100
Exclusions:
. Trouble reports coded as follows:
. For products measured from MT AS data (products listed for MSA-type, trouble reports coded
to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network
Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
. For products measured from WFA (Workorce Administration) data (products listed for Zone-
type) trouble reports coded to trouble codes for No Trouble Found (NT F), Test 0 K (TOK),
Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type".
. For products measured from MT AS data (products listed for MSA-type, trouble reports involving a
"no access" delay.)
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
.
.
ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
Page 12
,
. DocuSignEnvelope ID: 5AA6737-DD4D-4655-A346-E9FCCADDBS5F
~
.
.
.
Product Reporting:Penormance Target:
MSAType:
... QLSP-POTS Diagnostic
Zone Type:
.
Availabilty:Notes:
Performance wil be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 13
DocuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
.
.
.
109.11 Local Swltchin Purchased As Part of QLSP'"
1 09.11.1 Port Basic Plan
109.11.1.1
109.11.1.2
109.11.1.3
109.11.1.4
109.11..5
109.11.2 Intentionall Blank
109.11.3
109.11.4 Intentlonall Blank
109.11.5 Port If11
'09.".S.'
109.11.5.2
109.11.5.3
109.11.5.4
109.11.5.5
109.11.6 Intentional Blank
Por
$6.21
WUR $3.07
$3.14
$17.40
$7.30
$S.S9
WUR $2.S1
$3.08
$17.40
$7.30
$4.35
LAWUR $1.40
$2.95
$17.40
$7.30
$0.001343
UGUFM $1.13
ZSPS
ZR
GN.MWW
FYPS
lVPB
FSGPG
FlO ONLY
NXB ISDN
A-FIO
10SN
9B1X 5.00
9A 5.00
EPFA $50.00
SW $10.00
WUT $25.00
YE HYS $160.00
OUSOC $0.46
SS $10.00
SO $10.00
SK $10.00
CE $10.00
KOPN, NSY $10.00
UO 58.00
MO 55.00
90 55.00
NN 5S.00
OWPS $90.00
CN 58.00
LN, HLA 58.00
H5 5.00
HW 55.00
OHPS $100.00
GPG.$10.00
NHGPN
TOPG ICB
9AEX P89 $20.00
Bl $10.00
FR 58.00
VS ICB
HHPS 75.00
7KPK 55.00
T1PK 5.00
R7CX 5300.00
EPSP.5165.00
SEPSR
PK 58.00
TaPS 5125.00
4T 51.00
Ta 51.00
BVS 5100.00
HM $8.00
credit
Residential Analo Por
omn BRIISDN
Volume Growth Plan Re ulrements Are Met
Port
Por, Residential end user crdit
QlSpn. Residential Anal Port
rt Su artin BRIISON
Port
109.11.7 Local Switch Usa 8
109.11.7.1 QLSpTN Residential, Business, and PAL In LO- Per MOV
109.11.7.2 OLSP'" Cenlrex, ISDN BRI. PAL In ID- end PBX Anel Trunks Per LlnelTrunk
Switch Feature.
109.11.8.1 AccuntCodes- erS stem
109.11.8.2 Atendant Access Line ar Station Line
109.11.8.3 Audible Messa e Waltln
109.11.8.4 AuthorizationCodes- erS tern
109.11.8.5 AutomaticLine
109.11.8.6 AutomaticRouteSelection-CommonE ul ent, erS stem
109.11.8.7 Cell Oro
109.11.8.8 Call ExclusIon a Automatic
109.11.8.9 Call Exclusion a Manual
109.11.8.22 er Arran ement
109.11.8.23
109.11.8.24
109.11.8.25 Distinctive Ri IDistictive Call Waiti
109.11.8.26 Ex ensive Route Warnin Tone. er S stem
109.11.8.27 Grou Intercm
109.11.8.28 HoI Line, per Line
109.11.8
109.11.8.10
109.11.8.11
109.11.8.12
109.11.8.13
109.11.8.14
109.11.8.15
109.11.8.16
109.11.8.17
109.11.8.18
109.11.8.19
109.11.8.20
109.11.8.21
rammable Sørvce Establishmønt
Bus Customer Pro rammable r Line
109.11.8.29 Huntln : Multi osition Hunt Queuin
109.11.8.30 Huntin : Multi osition wl Announcement in Queue
109.11.8.31 Huntin : Multi osition with Music in Queue
109.11.8.32 ISDN Shor Hunl
109.11.8.33 Lauds eakerPa in . erTrunkGrou
109.11.8.34 Make Bus Arran ements,
109.11.8.35 Make Bus Arran ements
109.11.8.36 Messa e Center r Main Station
109.11.8.37 rvssa eWaiti" Visual
109.11.8.38 MuslcOnHold erS stem
109.11.8.39
109.11.8.40
109.11.8.41
109.11.8.42
109.11.8.43 Statin Cam n Service r Main Station
109.11.8.44 TimeofDa ControlforARS erS slern109.11.8.45 Time of De U ele109.11.8.46 lime of Da er Line109.11.8.47 Trunk Veric m Des' nated Statin
109.11.8.48 UCD in Hunt Grou , er Line
Qwest Local Services Platform ™ Agreement QLSpTM Rate Sheet.V1.2.3 04.11.08 14
DoeuSign Envelope ID: 5AA46737-DD4D-4655-A346-E9FCCADDB55F
109.11.8.49
Qwest Local Services Platform™ (QLSpTM) Rate Page -Idahoa:ua 4 2011 throu h Term" II c-~ - ..109.11.8.49.1 MB5XX $1000.00109.11.8.49.2 ubse uentlnslallallon lPVWO $500.00109.11.8.49.3 . Der Svslem $IS00.00109.11.8.49.4 eallno - Meal Me $5.00109.11.8.49.5 onference Callna e Preset $5.00109.11.8.49.6 Conference Callna ~ Station Dial 6-Wav) GVT $5.00
.
109.11.9 Other
109.11.9.1 Custom Number
109.11.9.1.1 Idaho Nort
109.11.9.1.2 IdahoSoulh
See Applicable Owesl Retail 6
Tariff, Catalog or Price List less
Discount (which will be
proided pursuant to terms and
conditions in elEC's ieA).
See Applicable Owest Retail 6
Tariff, Catalo or Price List less
Discunt (which wil be
provided pursuant to terms and
conditions in eLEC's ICA).
109.11.9.2 PBX DID Comolex Translations Oi ils OuIDUlsed Chanoe Sianalina
109.11.9.3 PBX DID Comolex Translations Sionalino Chanae
109.11.9.4 PBX DID Block Comoromise
109.11.9.5 PBXDlOGroDof20Numbe..
109.11.9.6 PBX 010 Reserve Seouenllal # Blok
109.11.9.7 PBX 010 Reserve Nonseauential TeleDhone Numbrs
109.11.9.8 PBX 010 NonseouentiaJ Telenhone Numbers
$15.2
$3S.52
$25.53
$31.36
$25.38
$23.67
$33.18
109.11.10 Subse uent Order Char e NHCUU $12.17
109.11.11 Qwest Corporation QC IntraLATA Toll LPIC 5123
109.11.11.1 Idaho North
109.11.11.2 IdahoSoulh
See Applicble Owsl Relail 6
Tariff. Calalog or Price List less
Discunt (which will be
proided pursuant to term and
conditions in eLEC's leA).
See Applicable Owest Retail 6
Tariff, Calalog or Price List less
DIscount (which will be
provided pursuant to tenn and
conditios in CLEC's ICA)..109.20 Miscellaneous Charges 5
109.20.1 Deslan . North
109.20.1.1 Maintenance of Service
109.20.1.1.1 Basic
109.20.1.1..1 First Increment MVXX ~
109.20.1.1.1.2 Each Additional Increment MV1X ~
109.20.1.1.2 Overtme
109.20.1.1.2.1 FIrst Increment MVWOX ..
109.20.1.1.2.2 Each Additional Increment MVW2X ~
109.20.1.1.3 Premium
109.20.1.1.3.1 First Incrment MVPX ~
109.20.1.1.3.2 Each Additional Incrment MV3X ~
109.20.1.2 Ontianal Testina (Additional Labor
109.20.1.2.1 Basic. First and Each Additional Increment OTNBX ..
109.20.1.2.2 Overtme. First and Each Additional Increment OTNOX ..
109.20.1..3 Premium First and Each Additional Increment OTNPX ..
109.20.1.3 Oisoatch Additional Oisoatch . No trouble found VT60e ~
109.20.1.4 Oisoatch for Maintenance of Service - No Trouble Found T60M ..
109.20.2 Deslan and Non..esian . North
109.20.2.1 TriD Charae . Premises Visit Charae seo ..
109.20.2.2 Premises Work ehs e
109.20.2.2.1 Basic
109.20.2.2.1.1 Firt Incrment HROll ~
109.20.2.2.1.2 Each Additinal Incrment HROAI ~
109.20.2.2.2 Overtme
109.20.2.2.2.1 First Incrment HR012 ~
109.20.2.2.2.2 Each Additional Increment HROA2 ~
109.20.2.2.3 ~.1 First Increment HR013 ~
.2 Each Additional Incrment ROA3 ~
109.20.2.3 NelwrkP~
109.20.2.3.1 HRRll ..
109.20.2.3.2 Increment HRRAI ..
109.20.2.3.3 Overtme First Increment HRR12 ..
109.20.2.3.4 Overtime Each Additional Increment HRRA ..
109.20.2.3.5 Premium First Increment HRR13 ~.
Owest local Services Platform ™ Agreement QLSP TM Rale She.I-Vl.2.3 04.11.08 15
.
.
.
DocuSign Envelope ID: 5AA46737.DD4D-4655-A346.E9FCCADDB55F
Qwest Local Services Platform™ (QLSpTM) Rate Page . Idaho
....:.;....:.......;....;;i~Janua 4, 2011 throu hTerm*
109.20.2.3.6 Premium Each Additionallncrrnnt HRRA ..
109.20.2.4 Date Chanoe T60C ..
Desion Chenoa H28 ..
Exoedlte Charae Per day advanced EOOOB ..
Cancellation Chams NoUSOC ICB
109.20.3 Nonooeslan .. South
109.20.3.1 Network Premises Work Cherne
109.20.3.1.1 All Hours 1st 15 minutes HRH11 ..
109.20.3.1.2 All Hours, next three 15 minutes HRHAI ..
109.20.3.1.3 All Hours aa add,'11S minutes HROAI ..
109.20.4 Deslon .. South
109.20.4.1 Maintenance of Service
109.20.4.1.Basic
109.20.4.1.1.1 First Incrment MVWXX ..
109.20.4.1.1.2 Each Addìlionallnaement MV1X ..
109.20.4.1.2 Overtime
109.20.4.1.2.1 First Incrment MVOX ..
109.20.4.1.2.2 Each Addilionallncrment MV2X ..
109.20.4.1.3.1 Premium
109.20.4.1.3.1 First Incrment MVWPX ..
109.20.4.1.3.2 Each Addilionallncrrnnt MV3X ..
109.20.4.2 OOtionalTe~109.20.4.2.1 creme"t OTNBX ..109.20.4.2.2 ent OTNOX ..
109.20.4.2.3 Premium, First and Each ment OTNPX ..
109.20.4.3 Oisnatch Additional Disnatch . No trouble found T60C ..
109.20.4.4 Disoatch for Maintenance of. Servce .. No Trouble Found 60M ..
109.20.4.5 Nerk Premises Work Chama
109.20.4.5.1 Basic
109.20.2.5.1.1 First Increment HRHll ..
109.20.2.S.1.2 Each Additional Incrment RHAI -
109.20.4.5.2 Overtme
109.20.2.5.2.1 First Increment HRH12 ..
109.20.2.5.2.2 Each Additionallncrmenl HRHA ..
109.20.4.5.3 Premium
109.20.2.5.3.1 First Increment HRH13 ..
109.20.2.5.3.2 Each Additional Incrment HRHA3 ..
109.20.5 Oes¡. and Non-oeslan . South
109.20.5.1 TriD Charae . Premises Visit Chame RTCY -
109.20.5.2 Premises Work Charne109.20.5.2.1 ~
1.1 First Incrment HR011 ..
1.2 Each AddlUonallnaement HROAl ..
109.20.5.2.2 Overtme
109.20.5.2.2.1 Firsllncrmenl HR012 ..
109.20.5.2.2.2 Each AddiUonallncrment ROA2 ..
109.20.5.2.3 Premium
109.20.5.2.3.1 First Incrment R013 ..
109.20.S.2.3.2 Each Addltionallncrmenl HROA3 -
109.20.5.3 Date Chan e 60C ..
109.20.5.4 Deslcn Chance H28 ..
109.20.5.5 EXDedlte Charae. Per dav advanced OOOB ..
109.20.S.6 Cancellation Charae oUSOC ICB
109.23 QlSpTl Installation and Conversion Nonrecurrlna Charas. fNRCsl
109.23.1 Conversion Nonrecurrina Charass
109.23.1.1 QLSP"" Business Centrex PAL and PBX Ana~ non-DID Trunks Residential
109.23.1.1.1 First Line (Mechanized RCCU $1.50
109.23.1.1.2 Each Additional LIne Mechanized URCCY $O.SO
109.23.1.1.3 First Line Manual URCCV $15.00
109.23.1.1.4 Each Additional line Manual'URCCZ 53.00
109.23.1.2 QLSP'" PBX 010 Trunks
109.23.1.2.1 First Trunk URCCO $26.84
109.23.1.2.2 Each Additional $2.73
109.23.1.3 ISDN BRt
1 1.3.1 First URCCU $30.66
1 .3.2 Each Additional $2.73
109.23.2 Installation Nonrecurrina Char es
109.23.2.1 QlSpTIl Business Centrex PAL and PBX Analon oon-olO Trunks Residential
109.23.2.1.1 First line lMechanized HCRA $50.00
1 .1.2 Each Additional line Mechanized HCRC $18.00
1 1.3 First line Manual NHCRB $75.00
1 1.4 Each Additioal Line Manual NHCRO $20.00
Qwest Local Services Platform™ Agreement 16QLSP'" Rate Sheet-Vl.2.3 04.11.08
OocuSign Envelope 10: 5AA46737-0040-4655-A346-E9FCCAOOB55F
.
QLSP'" Analo DID PBX Trunks
109.23.2.3 QLSP'" ISDN-BRI $272.96
109.23.3 Qwes! AIN Features
109.23.3.1 Idaho North
109.23.3.2 Idaho Soulh
See Applicable Owest Retail
Tariff. Catalog or Price List less
Oiscount (which wil be
provided pursuant to terms and
conditions in CLEe's ICA).
See Applicable awest Retail
Tari, Catalog or Price LIst less
Discunt (which will P8
provided pursuant to terms and
coditions In CLEC's ICA).
109.23,4 awest Voice Messa In Service.
109.23.4.1 Idaho Nort
109.23.4.2 Idaho Soulh
See Applicable Qwest Retail
Tariff, Catalog or Prie List less
Discunt (which will be
provided pursuant to terms and
conditions in CLEe's ICA).
See Applicable Qwest Retail
Tariff, Catalog or Price List less
Discount (which will be
provided pursuant to terms and
conditions in elEC's ICA).
112 o eratlonal Su ort S stems
112.1 Develments and Enhancements Sf Local Service UBst
112.2 0 oj 0 ratins Sf Local Service Re uest
112.3 Daily Usage Records File, per Reco
All charges and increents
equal the coparable charges
and increments provied in the
Qwesl Whol..ala PCAT.ll Universal Service Ordr Coes (USOCs) have been prvided in an effort to ease item descption and usoe association with charges. In the event USOCS are inaccurate or
are revised, Qwest reserves the right to corrct the Rate Sheet. In the event of any signifcant change(s), nolication will be proided via the standard notification process,
See Applicable awesl Retal Tari, Catalo or Prl Lisl for all chargs and incrments.
QLspm Business and Residentil servics utilze the same Class of Service and line Universal Service Order codes (USOCS). QLSpn. Residential services wil be billed at
the Analog Port rate and only those lines that specifcally qualif for and are identified as serving a residential end-user customer by the presence of the LAWUR usoe will
receive the Residential end user crit..
QLSpn. service indudes nondiscrminalory access 10 all vertl swtch features thai are loaded in Qwests End Ofce Switch. See the PCAT for all compatible and available
vertical swilch features. Only vertical switch features with Non-Recurrng, Recurrng, or Per Occurrence charges are lisled. Non-Recurring charges are applicable whenever a
feature is added. whether on new inslallation, conversion, or change order activity. Those vertical switch feature not listed have a rale of $0 for Monthly Recurring, Non-
Recurrng, or Per Occrrnce charges.
Reserved for fulure use.
The Subsequent Oreer Charge is applicable on a per oreer basis when changes are requesd to existing service, including changing a lelephone number, Inillating or
removing Suspension or Service, denying or restoring selVce, adding, removng, or changing features, and other similar requests.
QLspm ISDN SRI and PBX are NDesign.. Remaining QLSpTM service are "Non-Dslgn.. All charges and incremenls shall be the same as the comparable charges and
increments provided in Qwet Retail Tari, Catalos, or Price Usts and are subject to change baed on changes in Ihose underlying Qwst Relail Taris, Catalogs, or Price
Lists. In the event a rale changes, notifcation will be provided via Ihe standard notifcation process.
Where the servce has been deemed to be a Telecommunications Servce. the Discounl will be provided pursuant to CLEC's ICA. Where the service is not a
Telecommunications Service, the discount wil be 18%.
.
Qwest Local Services platform™Agreement QLSP ™ Rata Shael-Vl.2.3 04.11.08 17