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HomeMy WebLinkAbout20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK '1600 7th Avenue, Room 1506 Seattle, Washington 98191 (206) 733,.s178 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law January 77,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 'ii sITdTlrv Centurylink' Via Overnight delivery OwE-I-oo-o1 Re: Centurylink Local Services Platform (*CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your office on January 16,2014, enclosed are the signature pages for all of the CLSPs which have been extended. For your convenience, we are also enclosing a matrix listing the CLSPs and the docket numbers associated with the original agreements. Please contact have any questions conceming the enclosed. Thank you. Sincerely, Maura E. MEP/jga Enclosure EXTENSION AMENDMENT TO GENTURYLTNKTM LOCAL SERVICES PLATFORM (,'CLSP'u"1 AGREEMENT This amendment ('Amendment"), by and between Ghrest Corporation dba CenturyLink QC ("CenturyLink"), a Golorado corporation, and Mclmetro Access Transmission Services LLC ("CLEC"), amends the CenturyLinkru Local Services Platform ("CLSerul Agreement (formerly known as "Qwest Local Services Platformil ("QUSP*l Agreement") between the Parties. WHEREAS, the Parties entered into a Qwest Local Services Platform ('Qtsetu'l Agreement (now referred to as a CenturyLinkil Local Services P latform ("CLSp tr'; Ag reement), (the,Ag reemenfl); and WHEREAS, the terms "CenturyLink' and 'CLSP' in this Amendment shall be used in place ol and interchangeably with, the terms "Qwest'and "QLSP', respectively, in the Agreement; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Sectlon 2. of the Aoreementwlll be replaced in its entiretv as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aareement will be reolaced in its entirelv as follows: 3' Term. The term of this Agreement begins on the Effective Date and continues through December 31, 2016. Upon expiration, this Agreement will continue on a month-to-month basis until it is terminated by either Party, with at least ninety (90) Days prior written notice, pursuant to Section 22 of lhe Agreement, or replaced by a successor agreement. Attachment 2 - Seruice Descriotion - of the Aareement is herebv amended as follows: 1. Section 1 of Attachment 2 will have the following added: 1.6.7 Should CenturyLink cease offering a service to its End User Customers that is also available under this Agreement, upon thirty (30) Days prior wriften notice to CLEC, CenturyLink will also cease offering the service to CLEC. Notwithstanding the foregoing, CenturyLink will not eftect a discontinuation of any service pursuant to this Section 1.6.7 in such manner that CLEC may not reasonably comply with Applicable Law conceming End User Customer discontinuation of service, disconnection and notification, provided that, the foregoing is subject to CLEC's reasonable diligence in effecting such compliance. . Section 3.2.4 of Attachment 2 is replaced with the following: 3.2.4 115o/o YOY Volume Growth Plan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or exceeds 110o/o ol the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,000) CLSP lines, CLEC will qualiff for a 30% discount off the Business Port MRCs and a 6% discount off the Residential Port MRCs applicable during the next calendar year. 3. Section 7 of Attachment 2 will have the following changes: 7.O Commercial PErformance and Service Credits. 7.2 Removed in its entirety. 7.3 Removed in its entirety. 4. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, Centurylink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. Decemberl0, 2013/kjdCLSP 2014 Extension Amendment to CLSPil AgreemenUMClmetro Access AZ-CDS-101021-0086; CO-CDS-101021-0087; tA-CDS-101021-0088; tD-CDS-101021-0089; MN-CDS-101021-0090 MT-COS-101021-0091; ND-CDS-101021-0092;NE-CDS-10.r02.r-0093;NM-CDS-101021-0094; OR€DS-101021-0095; SD-CDS-1 01 021 -0096; UT-CDS-1 O1 021 -0097; WACDS-1 01 021 -0098: WY-CDS-1 O1 021 -0099 Page 1 of2 CenturyLlnkil Local Servlces Platform (CLSPil) Rate Page -AZ, CO, lA lD, MT, ND, NE, Nii, OR, SD, UT, WA, WY January l, 2014 through Term r09.232 nstalldlon ilonr€currtm Charoea 1o9r.23.2.'l ;LSPil Burlnet., Gentrex, PAL rnd PBX Analoe non{)lD Trunk , Re.ldantl.l l@.8.2.1.1 lFhst Line {HCRA t25.(x GenturyLlnkil Local Servlces Platform (CLSPil) Rate Page - Mlnnesota January 1,2014 through Term t09.fl2 ,ortt, lf gr* YOY Volume Rebntlon Plan Requlrsnent! Ar. t st r09.112.1 qnabo Port t{/, t@.11.2.2 ,o Port. R6ldsnUal snd llser crsdi .AWUR 1{rr rff}.11.2.3 :fiocttue CLSPil R6sidential Analog Port N/' r0s.11.2.4 td Port (supporllng ERI lsDN)t{/, r09.11.2.5 rBX DID Port N,, 109,8,2 Gtellrtlon Nonrecurrlm ChrrIet r09,23.2.1 ;LSP[ Eu.lnet!. C3ntser, PAL rnd PBX Anlloo non-OlD Trunk!. R$ldentltl 105.n.2.1.1 lFk3t Lh€ (ltil€ctranized){HCRA $25.0C DocuSign Envelope lD; 1 AB17 1 D2-2431 -49F7-982D-6C0448008E8F October 25, 2013/kjc/CLSP 2014 Extension Amendment to CLSPil Agreement McLeod dba PAETLC/ Az-cDs-101 021-0100; co-cDS''l olo21-olo1; h-cDS-1 01021'0102; lD'cDS'101021-0103; MN-CDS-10'1021-0104;MT-CDS-I01021-Ol05;ND-CDS-'101021-0106;NE-CDS-101021-0107;NM-CDS-101021-0108; OR-CDS-1 01021-0109; SD-CDS-101 021-01 1 O; UT-CDS-1 01021-0111; WA-CDS-101021-01 12; WY-CDS-101021-01 1 3 EXTENSION AMENDMENT TO CENTU RYLI N KTT LOCAL SERVICES PLATFORM ("CLSP'* "1 AGREEM ENT The CenturvLink CLSP Rate Sheeb are a,mended oerthe attached rate sheet(sl. 1. Section 109.23.2.1.1 of eachCLSPrateSheetwill reflectaratereductionfrom$50.00to$25.00' 2. Section 109.11.2 of the CLSP Rate Page will be removed in its entirety - for Minnesota only. Further Amendments Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force and effect. 'The irovisions of this Amendment, inciuding the provisions of this sentence, may not be amended, modified or supplemented, and' waivers or consents to departures tronitne piovisions of this Amendment may not be given without the written conient tftereio by both of the Parties hereto. Nolwaiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereundLr, whether intentional or not, will be deerired io e*end to iny prior or subsequent default, misrepresentation, or breach of wananty oi covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence' Entire Aqreement The Agreement as amended (including by the doorments referred to herein) constitutes the full and entire understanding and agreerient between the Parties with iegird to the subject matter of the Agreement, as amended, and supersedes any prior uiderstandings, agreements, or representitions by or between the Parties, writt6n or oral, to the extent they relate in any way to the subject matter of the Agreement, as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts' each of wtrich is deemed an original, but all of which shall constitute one and the same instrument. S.{A* tn4*s oirector - rnterconnect'ion L2/2/20L3Date: L2/2/20L3 Page2 of 2