20110118Amendment.pdf

Qwest
1600 7th Avenue, Room 1506
Seatte, Washington 98191
[phone]Facsimile [phone]
r.
lDfl JAN l 8 Ar1 9= 43
Maura E. Peterson
Paralegal
Regulatory Law
Qwest$
Spirit of Service$
Via Overnight delivery
January 17,2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-00-13
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 in this matter.
Sincerely,~CL/
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
R E CE i:~ f"-"i
iUB JAN '8 AH9= 43
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-13
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNCTION 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 Commssion on June 10,2002 (the "Agreement"). The Amendment with Eschelon
Telecom, Inc. ("Eschelon") 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 "AcC).
Section 252(e)(2) of the Act directs that a state Commssion may reject an amendment
reached through voluntary negotiations only if the Commssion finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carer not a pary 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 Commssion, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment wil enable Eschelon to
APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page i
Eschelon Telecom, Inc.
QLSP Amendment
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 hearng.
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 \l't~ay of January, 2011.
-
IO(l'.
AdamL. Sh
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Eschelon Telecom, Inc.
QLSP Amendment
CERTIFICATE OF SERVICE
'1~i hereby certify that on this .- day of January, 2011, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡jewell (gpuc.statejd.us
Hand Deli very
U. S. Mail
-X Overnight Delivery
Facsimile
Email
J. Jeffrey Oxley
EVP, General Counsel
Integra Telecom, Inc.
6160 Golden Hills Drive
Golden Valley, MN 55416-1020
Hand Deli very
-. u. S. Mail
Overnight Delivery
Facsimile
Maura Peterso
Paralegal, Qwest Corporation
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Eschelon Telecom, Inc.
QLSP Amendment
. QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
This Owest Local Services Platform™ ("OLSpTM") Agreement, together with the Attachments hereto and Rate Sheets,
incorporated herein by reference ("Agreement") is between Qwest Corporation (uQwest"), a Colorado corporation, and
Eschelon Telecom, Inc. on behalf of its affliates (UCLEC"), (each identified for purposes of this Agreement in the
signature blocks below, and referred to separately as a "Part" or collectively as the "Parties"). The undersigned Parties have
read and agree to the terms and conditions set forth in this Agreement.
ESCHELON TELECOM, INC. on behalf of Its affliates:
Eschelon Telecom of Arizona, Inc.
Eschelon Telecom of Colorado, Inc.
Eschelon Telecom of Minnesota, Inc.
Eschelon Telecom of Oregon, Inc.
Eschelon Telecom of Utah, Inc.
Eschelon Telecom of Washington, Inc.
Eschelo Telecom c. rID & NM)
By:
Name: :
Title: E
Date:
By:
Name:
Title:
Date:
L. T. Christensen
Dlreo' -~:*n"actie.~
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director - Interconnection Agreements
1801 California Street, 24th Floor
Denver, CO 80202
. Phone: [phone]
Fax: [phone]
Email: Intagreelaqwest.com
With copy to:
Owest Law Department
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectionlaqwest.com
CLEC:
J. Jeffrey Oxley
EVP, General Counsel
Integra Telecom,lnc.
1201 NE Lloyd Boulevard, Suite 500
Portland, Oregon 97232
With copy to:
J. Jeffrey Oxley
EVP, General Counsel
Integra Telecom, Inc
6160 Golden Hils Drive
Golden Valley, MN 55416-1020
APPLICABLE STATES:North Dakota
.l Oregon
South Dakota
.l Utah
Owest 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.
Washington 7.0 (with Commercial Performance
Measures and Reporting, Performance Targets and
Service Credits, as described in Section 7.0 of
Attachment 2 to this Agreement); or.l.l1-
Arizona
Colorado
Idaho
Iowa
.l Minnesota
Montana
Nebraska
.l New Mexico
November 8, 201 O/kjclEschelonl Qwest QLSP ™ MSA - (vi 0-15-1 0)
AZ-CDS-101108-0215; CO-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS.101108-0219; OR-CDS-101108.0220;;UT.CDS-101108-0221; WA-CDS-101108-0222;
.l 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).
Wyoming.
Page 1 of 12
.. QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
,.his Qwest Local Services Platfonn™ ("OLSpTM") Agreement, together with the Attachments hereto and Rate Sheets,
incorporated herein by reference ("Agreement") is between Qwest Corporation ("Qwest"), a Colorado corporation, and
Eschelon Telecom, Inc. on behalf of its afliates ("CLEC"), (each identified for purposes of this Agreement in the
signature blocks below, and referred to separately as a "Part" or collectively as the "Parties"). The undersigned Parties have
read and agree to the tenns and conditions set forth in this Agreement.
By:
Name: L. T. Christensen
Title: Director - Wholesale Contracts
Date:
ESCHELON TELECOM, INC. on behalfof its afliates:
Eschelon Telecom of Arizona, Inc.
Eschelon Telecom of Colorado, Inc.
Eschelon Telecom of Minnesota, Inc.
Eschelon Telecom of Oregon, Inc.
Eschelon Telecom of Utah, Inc.
Eschelon Telecom of Washington, Inc.
Eschelon Telecom, Inc. (for ID & NM)
By:
Name:: J. Jeffery Oxley
Title: EVP, General Counsel
Date:
Qwest Corporation:
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director - Interconnection Agreements
1801 California Street, 24th Floor
.enver, CO 80202
hone: 303-965-3029
Fax: [phone]
Email: intagreetãgwest.com
With copy to:
Qwest Law Department
Wholesale Interconnection
1801 Califomia Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectiontãgwest.com
CLEC:
J. Jeffrey Oxley
EVP, General Counsel
Integra Telecom, Inc.
1201 NE Lloyd Boulevard, Suite 500
Portland, Oregon 97232
With copy to:
J. Jeffrey Oxley
EVP, General Counsel
Integra Telecom, Inc
6160 Golden Hils Drive
Golden Valley, MN 55416-1020
APPLICABLE STATES:North Dakota
-l Oregon
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.
Washington 7.0 (with Commercial Perfonnance
Measures and Reporting, Performance Targets and
Service Credits, as described in Section 7.0 of
Attachment 2 to this Agreement); or
Arizona
Colorado
Idaho
Iowa
-l Minnesota
Montana
a- Nebraska~ NewMexico
November 8, 2010/kjclEschelon! Owest QLSpTM MSA - (v10-15-10)
AZ-CDS-101108-0215; CO-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-218;
NM-CDS-101108-0219; OR-CDS-101108-0220;;UT-CDS-101108-0221; WA-eDS-101108-0222;
-l-l-l -l Washington 8.0 (with Service Perfonnance Measures
and Reporting and Performance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Attachment 2 to this Agreement).
Wyoming
Page 1 of 12
WHEREAS, CLEC desires to purchase from Qwst certin combinations of Network Elements, ancilary functions, and additional
features, including without limitation, the local Loop, Port, switching, and Shared Transport.
.
Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Qwest mutually agree as follows:
1. Definitions. Capitalized terms used herein are defined in
Attachment 1.
2. Effective Date. This Agreement is effective upon the
later of (i) January 4, 2011 or (ii) the date that it is fully executed by all
of the Partes ("Effective Date").
2.1 CLEC's Qwest Platfrm Plus TM Master Services Agreeent,
if any, is terminated immediately upon execution of this Agreeent,
and Qwest will provide CLEC local platform services only pursuant to
the terms and conditions of this Agreement. The effecve billng date
for QLSP services will be the latest date of execution by the Parties.
3. Term. The term of this Agreement begins on the
Effective 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 alternative service at market-based
wholesale rates.
4. Scope of Agreement; Service Provisioning; Controllng
Documents; Change of Law: Eligibilty for Services under this
Agreement; Non-Applicabilty of Change Management Process.
4.1 The Services ("Service") described in this Agreement will
only be provided in Qwests incumbent LEC servce terrtory in the
states of Arizona, Colorado, Idaho, Iowa, Minnesota. Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington and Wyoming.
4.2 In the event of a conflict in any term of any documents that
govem the provision of Services hereunder, the following order of
precedence will apply in descending order of control: an Attachment,
Rate Sheet, this Agreement, and any effective Order Form hereunder.
The Parties agree that the Servces offered and purchased under this
Agreement are subject to compliance with Applicable Law and
obtaining any domestic or foreign approvals and authonzations
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 Agreement shall
preclude or estop Qwest or CLEC from taking any position in any
forum conceming the proper interpretation or effec of the Existing
Rules or conceming whether the Existing Rules should be changed,
vacated, dismissed, stayed or modified.
4.4 If any change in Applicable Law matenally impairs a Part's
abilty to perfrm or obtain a benefit under this Agreement, both Parties
agree to negotiate in good faith such changes as may be necesary to
address such material impairment.
4.6 Except as otherwse provided in this Agreement, the Parties
agree that Services provided under this Agreement are not subject to
the Qwst Wholesale Change Management Process ("CMP"), Qwests
Perfrmance Indicators ("PID"), Performance Assurance Plan ("PAP"),
or any other whlesale servce quality standards, or liquidated
damages and remedies. Except as otherwse provided, CLEC hereby
waives any nghts it may have under the PID" PAP and all other
wholesale serice quality standards to liquidated damages, and
remedies with respect to Services provided pursuant to this
Agreement. Any CLEC-proposed changes to the attributes of any
Service or procss enhancements will be communicated through the
standard accunt interfaces. Change requests common to shared
systems and processes subject to CMP will continue to be addressed
via the CMP proceures.
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 harmless for any
damages to or claims frm 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
forth in the Attchments hereto and Rate Sheets. The Parties agre.e .
that the referenced 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, trnsaction or similar
taxes, fees or surcharges ("Tax" or "Taxes"). Taxes resulting from the
performance of this Agreement shall be borne 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 permitted by
Applicable Law to collect such Taxes from the purchasing Part, such
Taxes shall be bome 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 wrtten
request of the Part being biled, provide the biled Part with detailed
information regarding biled Taxes, including the applicable Tax
junsdiction, 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 costs
incurred by the Collecting Part. The Contesting Part is entitled to the
benefit of any refund or recovery resultng 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 from the other Part or paid by the other Part to that Part,
the Part that received such Tax shall refund the incorrectly or
erroneously collected Tax or paid Tax to the other Part.4.5 To receive services under this Agreement, CLEC must be a
certified CLEC under Applicable Law. CLEC may not purchase or
utilize Services covered under this Agreement for its own 6.3 Each Part is solely responsible for any tax on its corporate
administrtive use or for the use by an Affliate. existence, status or income and each Part shall be solely responSibie
November 8, 2010lkjclEschelonl Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101108-0215; CO-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS-101108-0219; OR-CDS-1 01108-0220;;UT-CDS-101108-0221; WA-CDS-101108-0222;
Page 2 of 12
.for all taxes on its own business, the measure of which is its own net
come or net worth and shall be responsible for any related tax filings,
yment, protest, audit and litigation. Each Part shall be solelyresponsible for the biling, collection and proper remittnce of all
applicable Taxes relating to its own services provided to its own
Customers.
7.Intellectual Property.
7.1 Except for a license to use any facilties or equipment
(including softre) solely for the purposes of this Agreement or toreceive Service solely as provided in this Agreement or as specifically
required by the then-applicable federal rules and regulations relating to
Services provided under this Agreement, nothing contained in this
Agreement shall be constred as the grant of a license, either express
or implied, with respect to any patent, copyright, trade name,
trademark, service mark, trde 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 Part (an Indemnified Part) harmless from and against
any loss, cost, expense or liabilty arising out of a claim that the
services provided by the Indemnifyng Part provided or used pursuant
to the terms of this Agreement misappropriate or otherwse violate the
intellectual propert rights of any third part. The obligation for
indemnification recited in this paragraph shall not extend to
infringement which results from:.A. any combination of the facilties or services of the
Indemnifying Part with facilities or services of any other Person
(including the Indemnified Part but excluding the IndemnifyingPart and any of its Affliates), which combination is not made by
or at the direction of the Indemnifying Part or is not reasonably
necessary to CLEC's use of the Services offered by Qwest under
this Agreement; or
B. any modification made to the facilties or services of the
Indemnifying Part by, on behalf of, or at the request of the
Indemnified Part and not required by the Indemnifying Part.
7.3 In the event of any claim, the Indemnifyng Part may, at its
sole option, obtain the right for the Indemnified Part to continue to use
any infringing facilty or servce or replace or modify any infringing
facilty or service to make such facility or service non-infringing.
7.4 If the Indemnifying Part is not reasonably able to obtain the
right for continued use or to replace or modify the facility or service 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 facilty or service will be held to infringe,
the Indemnifying Part will notify the Indemnified Part and the Partes
will negotiate in good faith regarding reasonable modifications to this
Agreement necesary to mitigate damage or comply with an injunction
which may result from such infringement or allow cessation of furter
infringement.
modifications to the facilities or services, and such request shall not be
unreasonably denied.
7.6 To the extent required under Applicable Law, Qwest shall
use commercially reasonable efforts to obtain, from its vendors who
have licensed intellectual propert rights to Qwest in connection with
Service provided hereunder, licenses under such intellecual propert
rights as necessary for CLEC to use such Service as contemplàted
hereunder and at least in the same manner used by Qwest for the
Services provided hereunder. Qwest shall notify CLEC immediately in
the event that Qwest believes it has used its commercially reasonable
effort to obtain such rights, but has been unsuccsful in obtaining
such rights. Nothing in this subsection shall be construed in any way
to condition, limit, or alter a Parts indemnification obligations under
Section 7.2, preceding.
7.7. Neither Part shall without the express wrtten permission 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 association or
any similar arrangement with the other or its Affliates; the other Part
and its Affliates are in any way sponsoring, endorsing or certfying it
and its goods and services; or with respect to its marketing, advertising
or promotional activities or materials, state or imply that the service
are in any way associated with or originated from the other Part or
any of its Affliates. In addition, CLEC, including its employees,
representatives and agents, will not state or otherwse indicate, directly
or indirectly, to its end-users or prospectve end-users: (a) that they will
be Qwest customers or that they may obtain Qwest service from CLEC
or (b) that CLEC has or the end-user will have any relationship with
Qwst. Without limiting the foregoing, CLEC must not use a name,
trademark, servce mark, copyright or any other intellectual propert
owned by Qwest or its Affliates, except that CLEC may communicate
that Qwest is one of the underlying carriers from which CLEC
purchases services if CLEC has obtained the prior written consent of
the Qwest Law Departent. This is a non-exclusive agreement.
Nothing in this Agreement prevents Qwest from offering to sell or
sellng any services to other partes.
7.8 Nothing in this Section prevents either Part from trthfully
describing the Services it uses to provide servce to its End User
Customers, provided it does not represent the Servces as originating
from the other Part or its Affliates or otherwse attempt to sell its End
User Customers using the name of the other Part or its Affliates.
Qwests name and the names of its affliates are proprietary and
nothing in this Agreement constitues 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 Qwest or Qwsts Affliates in any way.
7.9 Because a breach of the material provisions of this Section 7
may cause irreparable 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, Thursday or Friday, the payment
date shall be the last non-holiday day preceing 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
7.5 The Indemnifying Part may request that the Indemnified
Part take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting
-NOVember 8, 2010lkjclEschelonl Qwest QLSpTM MSA - (v1D-15-10)
AZ-CDS-101108-0215; CO-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS-1 011 08-0219; OR-CDS-1 011 08-0220;;UT -CDS-1 011 08-0221: WA-CDS-1 011 08-0222;
Page 3 of 12
the Payment Due Date. Qwest may invoke all available rights and
remedies.
8.2 Cessation of Order Processing. Qwest 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 provided
for in this Agreement, within thirt (30) Days following the Payment
Due Date; provided that Qwest has first notified CLEC in wrting at
least ten (10) business days prior to discontinuing the procesing of
orders for Services. If Qwest does not refuse to acct additional
orders for Services on the date specified in the ten (10) business days
notice, and CLEC's non-cmpliance continues, nothing contained
herein shall preclude Qwests right to refuse to accpt additional orders
for Servces from CLEC without further notice. For order proceing to
resume, CLEC will be required to cure any breach and make full
payment of all past-due charges for Services not disputed in good faith
under this 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 seek
equitable relief including injunctive relief and specific perfrmance.
8.3 Disconnection. Qwest may disconnec any Service
provided under this Agreement for any brech by CLEC of this
Agreement that is not cured by CLEC in accrdance with Secon 11
herein, including without limitation, failure by CLEC to make full
payment for such Servces, less any good faith disputed amount as
provided for in this Agreement, within sixt (60) Days followng the
Payment Due Date provided that Qwst has first notified CLEC in
writing at least ten (10) business days prior to disconnecting Service.
CLEC will pay the applicable charge set fort 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 termination
charges, will become due and payable. If Qwest does not disconnect
CLEC's Service on the date specified in the ten (10) business days
notice, and CLEC's noncompliance continues, nothing contained
herein shall preclude Qwsts right to disconnect any or all Servce.
For reconnection of the Service to occur, CLEC will be required 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, Qwest reserves the
right to seek equitable relief, including injunctive relief and specific
performance. Notwthstanding 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 efecting such compliance.
8.4 Billng 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 identifying the amount, reason and rationale of
such dispute. At a minimum, CLEC will pay all undisputed amounts
due to Qwest. Both CLEC and Qwest agree to expedite. the
investigation of any disputed amounts, promptly provide reasonably
requested documentation regarding the amount disputed, and work in
good faith in an effort to resolve and sette the dispute through informal
means prior to invoking any other rights or remedies.
continue to withhold the disputed amount following the init.i
resolution while pursuing furter dispute resolution. If t
disputed charges have been withheld and the dispute is resolve ..
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 Bill Date after the
resolution of the dispute.
B. If CLEC pays the disputed charges and the dispute is
resolved in favor ofQwt, no furter action is required. If CLEC
pays the charges disputed at the time of payment or at any time
thereafter, and the dispute is resolved in favor of the CLEC,
Qwst will adjust the Billng, usually within tw Biling cycles after
the resolution of the dispute, as follows: Qwest will credit the
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, will
any late payment charges be assessed on any previously
assesed 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-forwrd basis only, beginning
with 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 Effective 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 n.
established satisfactory credit with Qwest. or the Part is repeated
delinquent in making its payments, or is being reconnected after
disconnection of Service 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
Agreement in a timely manner. Qwest may require a deposit to be
held as security for the payment of charges before the orders from
CLEC will be provisioned and completed or before reconnection of
Servce. "Repeatedly Delinquent" means any payment of a material
amount of total monthly Billng 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 total monthly
charges for a tw (2) month period based upon recent Biling. The
deposit may be an irrevocable bank letter of credit, a letter of credit
with terms and conditions acceptable to Qwest, or some other form 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) Days after
demand and non-payment is subject to the terms and provisions of
Section 8.2 and Section 8.3 of this Agreement.
8.6 Interest on Deposits. Any interest eamed on cash deposits
will be credited to CLEC in the amount actually earned or at the rate
set forth in Section 8.7 below, whichever is lower, except as otherwse
required by law, provided that. for elimination of doubt, the Partes
A. If CLEC disputes charges and does not pay such charges by agree that such deposits are not subject to state laws or regulations
the Payment Due Date, such charges may be subject to late relating to consumer or End User Customer cash deposits. Cash
payment charges. If the disputed charges have been withheld deposits and accrued interest, if applicable, will be credited to CLEC's
d th d' . accunt or refunded, as appropriate, upon the earlier of the expirationan e ispute is resolved in favor of Qwest, CLEC will pay the of the term of this Agreement or the establishment of satisfactory credit
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not with Qwest, which will generally be one full year of consecutive timel~ ..payments of undisputed amounts in full by CLEC. Upon a materi.
November 8, 2010lkjclEschelonl Qwest QLSpTM MSA - (v10-15-10) .
AZ-CDS-1 011 08-0215; CO-CDS-1 01 008-0216; ID-CDS-1 011 08-0217; MN-CDS-1 011 08-0218;
NM-CDS-1 011 08-0219; OR-CDS-1 011 08-0220;:UT-CDS-1 011 08-0221; WA-CDS-1 011 08-0222:
Page 4 of 12
flange in financial standing, CLEC may request, and Owest will
. nsider, a recalculation of the deposit. The fact that a deposit has
een made does not relieve CLEC from any requirements of this
Agreement.
8.7 Late Payment Charge. If any porton of the payment is
received by Qwest after the Payment Due Date, or if any portion of the
pay~ent is received by Qwest in funds that are not immediately
available, then a late payment charge will be due to Owest. The late
payment charge is the porton of the payment not received by the
Payment Due Date multiplied by a late factor. The late factor is the
lesser of (i) the highest interest rate (in decimal value) which may be
levied by law for commercial transactions, 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; or (ii) 0.000407
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 Qwst.
8.8 CLEC must not remit payment for the Service 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 functions and obligations are specifcally agreed to by the
partes in this Agreement or in an amendment to this Agreement.
9. Conversions. If CLEC is obtaining service from
Owest under an arrngement or agreement that includes the
application of termination liability assesment (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 governed by the terms of the
original agreement, Tariff or arrangement. Nothing herein will be
enstrued as expanding .the rights otherwse granted by thisgreement or by law to elect to make such conversions.
10. Customer Contacts. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' servce
needs, including without limitation, sales, servce design, order taking,
Provisioning, change orders, training, maintenance, trouble reports,
repair, post-sale servcing, Biling, collecton and inquiry. CLEC will
inform its End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contacting Qwest will be
instructed to contact CLEC, and Qwests End User Customers
contacting CLEC will be instructed to contact Qwst. 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 recived by either Part will be referred to the proper
provider of Local Exchange Service; however, nothing in this
Agreement shall be deemed to prohibit Qwest or CLEC from
discussing its products and services with CLEC's or Qwests End User
Customers who call the other Part.
remedies available to each Part pursuant to this Agreement are not to
be considered exclusive of one another and will be cumulative.
12. Limitaion 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 otherse limited by this Agreement to outage credits or other
service credits, in which case Owests total liabilty will not exceed the
aggregate amount of any applicable credits due.
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 Part regardless of the form of action,
whether in contract, warranty, strct liabilty, tort, including, without
limitation, negligence of any kind and regardless of whether the Partes
know the possibilty that such damages could result.
12.3 Nothing contained in this Section shall limit either Part's
liabilty to the other for willful misconduct, provided that, a Parts
liabilty to the other Part pursuant to the foregoing exclusion, other
than direct damages, will be limited to a total cap equal to one hundred
per cent (100%) ofthe annualized run rate of total amounts charged by
Owest to CLEC under this Agreement.
13.Indemnity.
13. 1 The Parties agree that unless otherwse specifically set forth
in this Agreement, the following constitute the sole indemnification
obligations between and among the Parties:
A. Each Part (the Indemnifying Part) 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 respect 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 costs and
expenses (including attomeys' fees), whether sufered, made,
instituted, or asserted by any Person or entity, for invasion of
privacy, bodily injury or death of any Person or Persons, or for
loss, damage to, or destruction of tangible propert, whether or
not owned by others, resulting from the Indemnifyng Parts
breach of or failure to perform under this Agreement, regardless
of the form of action, whether in contract, warrnty, strct liabilty,
or tort including (without limitation) negligence of any kind.
B. In the case of claims or losses alleged or incurred by an End
User Customer of either Part arising out of or in connection with
Servces provided to the End User Customer by the Part, the
Part whose End User Customer alleged or incurred 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 Indemnifying Part's End User Customers
regardless of whether the underlying Service was provided or was
11. Default and Breach. If either Part defaults in the payment provisioned by the Indemnified Part, unless the loss was caused
of any amount due hereunder, or if either Part violates any other by the gross negligence or willful misconduct of the Indemnified
material provision of this Agreement and such default or violation Part. The obligation to indemnify with respect to clims of the
continues for thirt (30) Days after written notice thereof, the other Indemnifying Part's End User Customers shall not extend to any
Part may terminate this Agreement and seek relief in accrdance with claims for physical bodily injury or death of any Person or
any remedy available under this Agreement, including without persons, or for loss, damage to, or destructon of tangible
limitation, the Dispute Resolution provisions of Section 25 herein and, propert, whether or not owned by others, alleged to have
.'n addition to the foregoing, Qwest may cease to accpt orders from resulted directly from the negligence or intentional co~duct of theLEC for Services in accrdance with Section 8.2 above. The employees, contractors, agents, or other representatives of the
November 8, 2010/kjclEschelonl Owest QLSpTM MSA - (v10-15-10)
AZ-CDS-101108-0215; CO-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS-101108-0219; OR-CDS-101108-0220;;UT-CDS-101108-0221; WA-CDS-101108-0222;
10.1 In the event Qwest terminates Service to CLEC for any
reason, CLEC will provide any and all necessary notice to its End User
Customers of the termination. In no case will Owest be responsible for
providing such notice to CLEC's End User Customers.
Page 5 of 12
Indemnified Part.
13.2 The indemnification provided herein is conditoned upon the
following:
A. The Indemnified Part will promptly notify the Indemnifyng
Part of any action taken against the Indemnified Part relating to
the indemnification. Failure to so notify the Indemnifyng 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.
B. If the Indemnifying Part wishes to defend against such
action, it will give written notice to the Indemnified Part of
acceptance of the defense of such action. In such event, the
Indemnifying Part has sole authority to defend any such acton,
including the selecion of legal counsel, and the Indemnified Part
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifying Part does not
accept the defense of the action, the Indemnified Part has the
right to employ counsel for such defense at the expense of the
Indemnifying Part. Each Part agrees to cooperate with the
other Part in the defense of any such acton 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 pertining
to any such action without the prior wrtten consent of the
Indemnified Part. In the event that the Indemnified Part
withholds consent, the Indemnified Part may, at its cost, take
over such defense; provided that, in such event, the Indemnifying
Part shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnified Part against, any cost or
liabilty in excess of such refused compromise or setUement.
14. Limited Warranties.
14.1 Each Part will provide suitably qualified personnel to perform its
obligations under this Agreement and provide all Services 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. QWEST 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 limite extent expressly
provided in this Agreement, neither Part has the authority to bind the
other by contract or otherwse or make any representations or
guarantees on behalf of the other or otherwse act on the othets
behalf. The relationship arising from this Agreement does not
constitute an agency, joint venture, partership, employee relationship
or franchise. Qwest is acting as an independent contractor and will
have exclusive control of the manner and means of performing its
obligations. Notwthstanding anyting herein to the contrry, Qwest
reserves the right, in its sole discretion, to modify or change the name
of the Servce.
16.Assignment.
16.1 CLEC may not assign this Agreement or any rights .'
obligations hereunder without the prior wrtten consent of Qwest, whi
consent will not be unreasonably withheld. Notwthstanding th .
foreging and subject to prior credit review, submission of appropriate
legal documentation (including, but not limited to, any appropriate
Secetary of State or other filings or documents specified by Qwest)
and approval by Qwt of CLEC's proposed assignee, CLEC may
assign this Agreeent without prior written consent of Qwest to any
Affliate, succsor through merger, or acquirer of substantially all of its
assets; and Qwst may assign this Agreement without prior written
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
will be binding as to the Parties' respectve succssors and assigns.
16.2 In the event that Qwest trnsfers to any unaffliated part
exchanges, including End User Customers that CLEC serves in whole
or in part through Services provided by Qwest under this Agreement,
Qwest will ensure that the trnsferee serves as a successor to and
fully perfrms all of Qwsts responsibilties and obligations under this
Agreement for a period of ninety (90) Days from the effective 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
responsibilties either as a condition of the transfer or under such other
state statutory authority as may give it such power. In the event of
such a proposed transfer, Qwest will use its best effort to facilitate
discussions between CLEC and the transferee with respect to the
trnsferee's assumption of Qwests obligations after the transition
period set fort above in accrdance with the terms and provisions of
this Agreement.
17. Reporting Requirements. If reporting obligations .
requirements are imposed upon either. Part by any third part
regulatory agency in connection with this Agreement or the Services,
including use of the Service by CLEC or its End Users, the other
Part agrees to assist that Part in complying with such obligations and
requirements, 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 disclosure 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 Departent.
However, a Part may disclose Confidential Information if required to
do so by a govemmental agency, by operation of law, or if necessary
in any proceeding to establish rights or obligations under this
Agreement, provided that the disclosing Part gives the non-disclosing
Part reasonable prior written notice and the receiving Part will
cooperate with the disclosing Part to seek or take appropriate
protective measures and will make such disclosure in a manner to best
protect the Confidential Information from further disclosure.
Notwthstanding the foregoing, if reportng or filing obligations or
requirements are imposed upon Qwest 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 Qwest harmless for ara
failure by CLEC in this regard. Qwests compliance with any reguiatow
November 8, 2010lkjclEschelonl Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101108-0215; CO-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS-101108-0219; OR-CDS-101108-0220;;UT-CDS-101108-0221; WA-CDS-101108-0222;
Page 6 of 12
tiling obligation will not constitute a violation of this section. Each Part
II use reasonable effort to protect the othets Confidential
formation, 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 will remain the propert of the
disclosing Part. A Part who receives Confidential Information via an
oral communication may request written confirmation that the materal
is Confidential Information. A Part who delivers Confidential
Information via an oral communication may request wrtten
confirmation that the Part 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 disclos6d. The receiving Part will from that time
forwrd, treat such information as Confidential Information.
19.3 Upon request by the disclosing Part, the receiving Part will
retum all tangible copies of Confidential Information, whether wrtten,
graphic or otherwse, except that the receiving Part may retain one
copy for archival purposes.
19.4 Each Part will keep all of the other Part's Confidential
Information confidential and will disclose it on a need to know basis
only. Each Part will use the other Part's Confidential Information
only in connection 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 wrting. If
either Part loses, or makes an unauthorized disclosure of, the other
Part's Confidential Information, it will notify such other Part
immediately and use reasonable effort to retrieve the information.
19.5 Effecve Date of this Section. Notwthstanding any other
.ovision of this Agreement, the Confidential Information provisions of
is Agreement apply to all information furnished by either Part to the
. other in furtherance of the purpose of this. Agreement, even if furnished
before the Effective Date.
19.6 Each Part agrees that the disclosing Part could be
irreparably 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 injunctve
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 enforce 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.
Part agrees to consent to any regulatory approvals necessary to
disconnect any circuits provided pursuant to this Agreement and
furter agrees to provide any required notice to affeced customers
within five (5) business days of such notice. If a Part is required by a
lawful, binding order to file this Agreement or a provision thereof with
the FCC or state regulatory authorities for approval or regulatory
review, the filing Part shall provide wrtten notice to the other Part of
the existence of such lawfl, binding order so that the other Part may
seek an injunction or other relief from such order. In addition, the filing
Part agrees to reasonably cooperate to amend and make
modifications 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 notice required by or conceming this
Agreement will be in wrting and will be suffciently given if delivered
personally, delivered by prepaid ovemight express service, sent by
facsimile with electrnic confirmation, or sent by certfied mail, retum
receipt requested, or by email where specified in this Agreement to
Owest and CLEC at the addresss shown on the cover sheet of this
Agreement. Notwthstanding anyting herein to the contrary, Qwst
may provide notice via email or by posting to Qwsts website without
duplicate wrtten notification for: (v) marketing notices; (w) notices
provided under Section 8; (x) rate change notices; or (y) notices
regarding changes in maintenance windows.
23. Force Majeure. Neither Part shall be liable for any delay
or failure in perfrmance of any part of this Agreement from 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, terrrist act, riots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, power blackouts, volcanic acton, other major
environmental disturbances, or unusually severe weather conditons
(each, a Force Majeure Event). Inabilty to secure products or servicesof other Persons or transporttion facilties or acts or omissions of
transporttion carriers shall be considered Force Majeure Events to
the extent any delay or failure in perfrmance caused by these
circumstance 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 Force Majeure Event,
and shall use reasonable effort to remove or mitigate the Force
Majeure Event. In the event of a lábor dispute or strike the Parties
agree to provide Servce to each other at a level equivalent to the level
they provide themselves.
24. Governing Law. Colorado state law, without regard to
choice-of-Iaw principles, govems all matters arising out of, or relating
to, this Agreement.
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 written 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 resolve the dispute. The Partes intend
that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, frequency, duration, and
conclusions of these discussions will be at the discretion of the
representatives. By mutual agreement, the representatives may use
other procedures to assist in these negotiations. The discussions and
correspondence among the representatives for the purposes of these
negotiations will be treated as Confidential Information developed for
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
governmental 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 written notice to the other Part
terminate this Agreement in whole or in part, including without
.mitation, with respect to Service in any state. In the event a Part
xercises its right to terminate pursuant to this Secion 21, the other
November 8, 2010/kjclEschelonl Owest QLSpTM MSA - (v10-15-10)
AZ-eDS-101108-0215; Co-CDS-101008-0216; ID-CDS-101108-0217: MN-CDS-101108-0218;
NM-CDS-101108-0219; OR-CDS-101108-0220;;UT-CDS-101108-0221; WA-CDS-101108-0222;
Page 7 of 12
purposes of settlement, and will be exempt from discovery and
production, and are not admissible in any subsequent proceedings
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 wrtten notice
(or such longer period as agreed to in wrting by the Partes), then
either Part may commence a civil action. Any action will be brought in
the United States District Court for the Distrct of Colorado if it has
subject matter jurisdiction over the action, and shall otherwse be
brought in the Denver District Court for the State of Colorado. The
Parties agree that such courts have personal jurisdiction 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 acton
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
25.4 No cause of action regardless of the form of acton, arising
out of, or relating to this Agreement, may be brought by either 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 Agreement is
accurately set forth herein;
B. the person signing this Agreement 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 agreement to
which such Part is bound or affected; and
D. each Part may act in reliance upon any instrcton,
instrument, or signature reasonably believed by it to be authorized
and genuine.
28. Third Party Beneficiaries. The terms, representations,
warranties and agreements of the Partes set forth in this Agreement
are not intended for, nor will they be for the benefit 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, carry and maintain the
insurance coverage listed below with insurers having a "Best's" rating
of B+XIII with respect to liabilty arising from its operations for which
that Part has assumed legal responsibilty in this Agreement. If a
Part or its parent company has assets equal to or exceeding
$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 Part is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Secton, 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 limits of
not less than $100,000 each accident.
bodily injury, . death. pernal injury or propert damage, inciudin.
coverage for independent contractots protecton (required if any wo
will be subcontrcted), product and/or completed operations an
contrctal liabilty with respec to the liabilty assumed by each Part
hereunder. The limits of insurance shall not be less than $1,000,000
each occrrence and $2,000,000 general aggregate limit.
29.3 "All Risk" Propert coverage on a full replaceent cost basis
insuring all of such Part's personal propert situated on or within the
Premises.
29.4 Each Part may be asked by the other to provide
certificate(s) of insurance evidencing coverage, and thereafter shall
provide such certficate(s) upon request. Such certficates shall:
A. name the other Part as an additional insured under
commercial general liabilty coverage;
B. indicate that coverage is primary and not excess of, or
contrbutory with, any other valid and collectible insurance
purchased by such Part; and
C. acknowledge severabilty of interest/cross liabilty coverage.
30. Communications Asistance Law Enforcement Act of
1994. Each Part represents and warrants that any equipment,
facilties or Services provided to the other Part under this Agreement
comply with the CALEA. Each Part will indemnify and hold the other
Part harmles from any and all penalties imposed upon the other
Part for such noncompliance and will at the non-compliant Part's
sole cost and expse, modify or replace any equipment, facilities or
Servces provided to the other Part under this Agreement to ensure
that such equipment, facilties and Services fully comply with CALEA.
31. Entire Agreement. This Agreement (including a
Attchments. Rate Sheets, and other documents referred to herei~
constitues the full and entire understanding and agreement between
the Parties with regard to the subjects of this Agreement and
supersedes any prior understandings, agreements, or representations
by or between the Partes, written 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 subjects 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
interconnection 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 accrdance 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.
29.2 Commercial General Liabilty insurance covering claims for
November 8, 2010lkjclEschelon/ Owest QLSpTM MSA - (v10-15-10)
AZ-CDS-101108-0215; Co-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS-1 011 08-0219; OR-CDS-1 011 08-0220;:UT -CDS-1 011 08-0221 ; WA-CDS-1 011 08-0222;
.
Page 8 of 12
..1 Owest will provide general repair and maintenance services
its facilities, including those facilities supporting Services purchased
CLEC under this Agreement, at a level that is consistent with other
comparable servce provided by Owest.
33.2 In order to maintain and modemize the netwrk properly,
Qwest may make necesary modifications and changes to its netwrk
on an as needed basis. Such changes may result in minor changes to
trnsmission parameters. Netwrk maintenance and modemization
activities will result in transmission parameters that are within
trnsmission limits of the Service ordered by CLEC. Owest will provide
advance notice of changes that affect netwrk Interoperabilty pursuant
to applicable FCC rules.
whatsoever resulting from the presence or release of any
Environmental Hazard that either Part did not introduce to the
affected work location. Each Part shall defend and hold
harmless the other Part and its respectve offcers, directors and
employees from and against any losses, damages, claims,
demands, suits, liabilities, fines, penalties and expenses
(including reasonable attorneys' fees) that arise out of or result
from:
1. any Environmental Hazard that the Indemnifyng Part,
its contrctors or agents introduce to the work locations; or
33.3 Netwrk Security.
2. the presence or release of any Environmental Hazard
for which the Indemnifying Part is responsible under
Applicable Law.
A. Protection of Service and Propert. Each Part will 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 protec its own
employees, agents, End User Customers and propert, , but in no
case less than a commercially reasonable degree of care.
B. In the event any suspect materials within Owest-owned,
operated or leased facilities are identified to CLEC by Owest to be
asbestos containing, CLEC will ensure that to the extent any
activities which it underakes in the facility disturb such suspect
materials, such CLEC activities will be in accrdance with
Applicable Law, including without limitation, applicable local, state
and federal environmental and health and safety statutes and
regulations. Except for abatement activities undertaken by CLEC
or equipment placement actvities that result in the generation of
asbestos-containing material, CLEC does not have any
responsibilty for managing, nor is it the owner of, nor does it have
any liabilty for, or in connecton with, any asbestos-containing
materiaL. Owest agrees to immediately notify CLEC if Qwst
undertakes any asbestos control or asbestos abatement activities
that potentially could affect CLEC personnel, equipment or
operations, including, but not limited to, contamination of
equipment..
B. Each Part is responsible to provide security 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
wh partcipated in such communications or even that such
communication has taken place. Violation of such security may
entail state and federal crminal penalties, as well as civil
penalties. CLEC is responsible for covering its employees on
such security requirements and penalties.
C. The Parties' netwrks are part of the national security
netwrk, and as such, are protected by federal law. Deliberate
sabotage or disablement of any portion of the underlying
equipment used to provide the netwrk is a violation of federal
statutes 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 unbilable
revenues, resulting from accidental, erroneous, malicious,
fraudulent or otherwse unauthorized use of Services or facilities
('Unauthorized Use"), whether. or not such Unauthorized Use
could have been reasonably prevented by Owest, except to the
extent Owest has been notified in advance by CLEC of the
existence of such Unauthorized Use, and fails to take
commercally reasonable steps to assist in stopping or preventing
such activty.
33.4. Constrction. Qwest 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 Indivdual Case Basis.
33.6. Responsibilty For Environmental Contamination.
. A. Neither Part shall be liable to the other for any costs
November 8, 2010lkjclEschelonl Owest QLSpTM MSA - (v10-15-10)
AZ-CDS-1 011 08-0215; CO-eDS-101008-0216; ID-CDS-1 011 08-0217; MN-CDS-1 011 08-0218;
NM-CDS-101108-0219; OR-CDS-101108-0220;;UT-CDS-101108-0221; WA-CDS-101108-0222;
Page 9 of 12
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as
amended.
"Advanced Intellgent Netwrk" or "AIN" is a Telecmmunications netwrk
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 term 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 percent.
"Automatic Location Identification" or "ALI" is the automatic display at the
Public Safety Answering Point of the callets telephone number, the
addressllocation of the telephone and supplementary emergency serce
information for Enhance 911 (E911).
"Applicable Law" means all laws, statutes, common law including, but notlimited to, the Act, the regulations, rules, and final order 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 Biling period ends, as identified on
the bilL.
"Billng" involves the provision of appropriate usage data by one
Telecommunications Carrier to another to faciltate Customer Billng with
attendant acknowledgments and status report. It also involves the
exchange of information between Telecommunications Carrers to proces
claims and adjustments.
"Carrier" or "Common Carrer" See Telecommunications Carrer.
"Central Ofce" means a building or a space within a building where
trnsmission facilities 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 Asistance for Law Enforcement Act" or "CALEA" refers
to the duties and obligations of Carriers under Section 229 of the Act.
"Confidential Information" means any information 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 information of the disclosing Part;
and/or (b) is of such a nature that the receiving Part should reasonably
understand that the disclosing Part desires to protect such information
against unrestrcted disclosure. Confidential Information will not include
information that is in the public domain through no breach of this
Agreement by the receiving Part or is already known or is independently
developed by the receiving Part.
"Customet' means the Person purchasing a Telecmmunications Service
or an information service or both from a Carrer.
"Day" means calendar days unless otherwse specified.
"Demarcation Poinf' is defined as the point at which the LEC ceses to
own or control Customer Premises wiring including without limitation inside
wiring.
"Directory Asistance Database" contains only those published andl-
listed telephone number listings obtained by Qwet frm its own End .
Customers and other Telecmmunications Carrers.
"Direcory Assistance Service" includes, but is not limited to, making
available to callers, upon request, information contained in the Directory
Asistance 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" means a third part retail Customer that subscrbes
to a Telecmmunications Service provided by either of the Partes or by
another Carrer or by tw (2) or more Carriers.
"Environmental Hazard" means any substance the presence, use,
trnsport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, withut limitation, the Comprehensive Environmental Response
Compensation and Liabilty Act, Superfund Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
Occpational 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 environments) and is regulated under any
Applicable Law.
"FCC" means the Federal Communications Commission.
"Interexchange Carrer" or "IXC" means a Carrier that provides InterLATA
or IntrLATA Toll service.
"Line Information Database" or "L1DB" stores various teiePhone
numbers and Special Biling Number (SBN) data used by operator services
systems to process and bil Altemately Biled Services (ABS) calls. The
operator services system accsses L1DB data to provide originating line
(callng number), Biling number and terminating line (called number)information. L1DB is used for callng card validation, fraud prevention,
Billng or service restrctions and the sub-accunt information to be
included on the call's Billng record. Telcordia's GR-446-CORE defines the
interfce between the administration system and L1DB including specific
message formats (Telcordia's TR-NWP-000029, Section 10).
"Line Side" refers to End Offce Switch connectons that have been
programmed to treat the circuit as a local line connected to a terminating
station (e.g., an End User Customer's telephone station set, a PBX,
answering machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carrier" or "LEC" means any Carrer that is engaged in
the provision of Telephone Exchange Service or Exchange Accss. Such
term does not include a Carrier 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 servce should be
included in the definition of such term.
"Loop" or "Unbundled Loop" is defined as a transmission facilty betwen a
distribution frme (or its equivalent) in a Qwest Central Offce and the Loop
Demarcation Point at an End User Customets Premises
"Local Service Request" or "LSR" means the industr standard forms and
supportng documentation used for ordering local services..November 8, 2010/kjclEschelon/ Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101108-0215; CO-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS-101108-0219; OR-CDS-101108-0220;;UT-CDS-101108-0221; WA-CDS-101108-0222;
Page 10 of 12
I
.
QWESTLOCAL SERVICES PLATFORM™ AGREEMENT
AtTACHMENT 1- DEFINITIONS
."M' cell~neous .Charges" ~ean charges that Owest may assess in addition
mng and nonrecumng rates set forth in the Rate Sheet, for activities
requests Owest to perform, activities CLEC authorizes, or charges
that. .are a result of CLEC's actions, such as cancellation charges,
additional labor and maintenance. Miscellaneous Charges are not already
included in Qwests recurrng or nonrecurring rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Netwrk Element" is a facilty or equipment used in the provision of
Telecommunications Service or an information service or both. It also
incluqes features, functions, and capabilties that are provided by means of
such facilty or equipment, including subscrber 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 described in this Agreement.
"Operational Support Systems" or "OSS" mean pre-ordering, 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,
corporation, firm, joint-stock company, organization, partnerhip, trst or
any other form or kind of entity.
"Port" means a line or trunk connecton point, including a line card and
associated peripheral equipment, on a Central Offce Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilities connected to the Central Ofce Switch. Each
Line Side Port is tyically associated with one or more telephone numbers
¡serve as the Customer's netwrk address.
ises" refers to Qwests Centrl Ofces and Serving Wire Centers; all
buildings or similar strctures owned, leased, or otherwse controlled by
Owest that house its netwrk facilities; all structures that house Qwest
facilties on public rights-of-way, including but not limited to vaults
containing Loop concentrators or similar strctures; and all land owned
leased, or otherwse controlled by Owest that is adjacent to these Centrai
Offces, Wire Centers, buildings and structures.
"Proof of Authorization" or "POA" shall consist of verification of the End
User Customer's selection and authorization adequate to document the
End User Customer's selecton of its local servce provider and may take
the form of a third part verification format.
.Provisioning" involves the exchange of information between
Telecommunications Carriers where one executes a request for a set of
products and services from the other with attendant acknowledgments and
status reports.
"Public Switched Netwrk" includes all Switches and transmission facilties,
whether by wire or radio, provided by any Common Carrier including LECs,
IXCs and CMRS providers that use the Nort American Numbering Plan in
connecton with the provision of switched servces.
"Servng Wire Center" denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a partcular
Customer Premises.
Accss Tandem Switches), and between Tandem Switches within the
Local callng Area, as described more fully in this Agreement.
"Switch" means a switching device employed by a Carrer 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 Ofcerrandem Switches.
"Switched Accss Traffc," as specifically defined in Owests interstate
Switched Accss Tariff, is traffc that originates at one of the Part's End
User Customers and terminates at an IXC Point of Presence, or originates
at an IXC Point of Presence and terminates at one of the Parts End User
Customers, whether or not the traffc transits the other Part's netwrk.
"Tariff as used throughout this Agreement refers to Owest interstate
Tariff and state Tariff, price lists, and price schedules.
"Telecommunications Carrer" means any provider of Telecmmunications
Services, except that such ter does not include aggregators of
Telecommunications Services (as defined in Secton 226 of the Act). A
Telecommunications Carrier shall be treated as a Common Carrer under
the Act only to the extent. that it is engaged in providing
Telecommunications Services, except that the FCC shall determine
whether the provision of fixed and mobile satellte service shall be treated
as common carrage.
"Telecommunications Servces" means the offering of telecmmunications
for a fee directly to the public, or to such classes of users as to be
effectvely available directly to the public, regardless of the facilities used.
''Telephone Exchange Servce" 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 Service of the character ordinarily furnished by a single
exchange, and which is covered by the exchange Service charge, or
comparable Servce provided through a system of Switches, trnsmission
equipment or other facilties (or combinations thereof) by which a
subscriber can originate and terminate a Telecommunications Servce.
"Trunk Side" refers to Switch connections that have been programmed to
treat the circuit as connected to another swtching entity.
'Wire Center" denotes a building or space within a building that serves as
an aggregation point on a given Carrier's netwrk, where transmission
facilties are connected or switched. Wire Center can also denote a
building where one or more Central Ofces, used for the provision of basic
exchange Telecommunications Servces and accss Service, are located.
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 facilities
shared by more than one Carrier, including Owest, between End Ofce
Ihes, between End Offce Switches and Tandem Switches (local andovember 8, 201 OlkjclEschelonl Qwest QLSpTM MSA - (v1 0-15-1 0)
AZ-CDS-1 011 08-0215; CO-CDS-1 01 008-0216; ID-CDS-1 011 08-0217; MN-CDS-1 011 08-0218:
NM-CDS-101108-0219; OR-CDS-101108-0220;;UT-CDS-101108-0221; WA-CDS-101108-0222;
Page 11 of12
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
November 8, 2010lkjdEschelonl Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101108-0215; Co-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS-1 011 08-0219; OR-CDS-1 011 08-0220;;UT-CDS-1 011 08-0221; WA-CDS-1 011 08-0222;
Page 12 of 12
.
.
.
I"
.0
.
QWEST LOCAL SERVICES PLATFORMiß AGREEMENT
ATTACHMENT 2-QLSPiß Service Description
Qwst. will provide Qwest Local Services Platform~
("QLS~') Services accrding to the terms and conditionsset fort in the QLSP Agreement between the Parties (the
"Agreement" and in this Attchment 2 to the Agreement,
which is incorporated into and made a part of the Agreement
(this "Attachment". Except as otherwse set forth in thisAttachment, capitalized terms used but not otherwse
defined herein have the definitions assigned to them in the
Agreement. CLEC may use QLSP Servces to provide any
Telecommunications Services, information services (or both)
that CLEC chooses to offer.to the extent that such service
are granted herein or not limited hereby.
("UNE") Loops under Section 251(c)(3) of the Act in itsRepor and Order-Petiion of Qwest Corpration for
Forbarance Pursuant to 47 U.S.C. § 160(c) in the Omaha
Metropolian Statistical Area, FCC 05-170, WC Docket No.
04-223, (effective September 16, 2005),. Qwest will provie
to CLEC the Loop element of QLSP Services purchased in
the following nine Omaha Nebraska Wire Centers under the
terms and conditions of the Agreement and this Attchment
at Rates provided in the Rate Sheet: Omaha Douglas;
Omaha Izard Street; Omaha 90th 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
Intellgent Netwrk ("AIN") Services, e.g., remote accss
forwrding, and Qwest Voice Messaging Servces ("VMS")
may. also be purchased with compatible QLSP Services.
These Netwrk Elements will be provided in compliance with
all Telcordia and other industry standards and technical and
performance specifications to allow CLEC to combine the
QLSP Servces with a compatible voicemail product andstutter dial tone. Qwést will provide accss to 911
emergency services and directory listings in accrdance with
the terms and conditions of CLEC's interconnection
agreements ("ICAs"), except that the business end user rate
in the applicable tariff applies to all end user premium and
privacy 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, Qwst combines the Netwrk
Elements that make up QLSP Service with analog/digital
capable Loops, with such Loops (including services such as
line splittng) being provided in accordance with the rates,
terms and conditions of the CLEC's ICAs. CLEC may also
purchase Qwest Commercial High Speed Intemet (HSI)
Service (also known as Qwest Digital Subscriber Line(
(DSL)), under a separate Services agreement, to be used
with 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 Switching Netwrk Element
("Local Switching") is collectively the Line Side and TrunkSide facilities in the local serving Qwest end offce Switch
which provides the basic switching functon, the port, plus
the features, functions, and capabilities of the switch
including all compatible, available, and loaded vertcal
features (e.g., anonymous call rejection) that are loaded in
that switch. Vertcal features are softre attbutes on end
offce Switches and are listed on the Qwest wholesale
website. Qwest signaling is provided with Local Switching
solely as descrbed in Section 1.4.2 of this Attchment. The
following Local Switching port are available with QLSP
Service: Analog Line Port, Digital Line Port Supporting
Basic Rate Interfce-ntegrated Services Digital Netwrk
("BRI ISDN"), and Analog Trunk Ports.
1.3.1 Analog Line Port. Line Port attributes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detection; audible and power ringing;
Automatic Message Accunting (AMA Recording); and
blocking options.
1.1.2 QLSP Service is available in six different service
arrngements, each of which is described more fully below:
QLSP Residential; QLSP Business; QLSP Centrex
(including Centrex 21, centrex Plus and, in Minnesota only,Centrn); QLSP ISDN BRI; QLSP Public Accss Lines
("PAL"): QLSP PBX Analog DID and non-DID (one way andtw way) trunks.
1.3.2 Digital Line Port Supporting BRI ISDN. BRI ISDN
is a digital architecture that provides integrated voice and
data capability (2 wire). A BRI ISDN Port is a Digital 2B+D
(2 Bearer Channels for voice or data and 1 Delta Channel forsignaling and 0 Channel Packet) Line Side Switch
connection 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 capabilities. The serving arrangement conforms to
the intemationally developed, published, and recognized
standards generated by Intemational Telegraph and
Telephone Union (formerly CCITI).
U.3 Nothing in this Attchment or the Agreement
precludes Qwest from withdrawing availabilty of
comparable, functionally equivalent services frm its retail
end user customers. In the event of such withdrawal or
discontinuation, Qwest may also withdraw availabilty of the
equivalent QLSP Service.
1.2
1.3.3 Analog Trunk Port. DSO analog trunk Ports can be
configured as DID, DOD, and tw-way.Combination of QLSP Service with Loops. Except as
described below, the Loop will be provided by Qwest under
the applicable ICAs in efect between Qwest and CLEC at
the time the order is placed. As part of the QLSP Service,
Qwest will combine the Local Switching and Shared
Transport Netwrk Elements with the Loop.
1.3.3.1 Analog trunk Ports provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or
4-Wire connections. This Trunk Side connecion
inherently includes hunting within the trunk group.
1.2.1 Pursuant to the order issued by the FCC
.. pertining to the availabilty of Unbundled Netwrk Element
~ovember 8, 2010lkjclEscheloni Attchment 2 - QLSPiß - (v8-20-10)
AZ-CDS-101108-0215; Co-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS-101108-Q219; OR-CDS-101108-0220;;UT-CDS-101108-0221; WA-CDS-101108-0222;
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Ofce. For 2-Wire service, the trunks are
'"
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
converted at the End User Customer's location.1.4.5 The ICNAM database. is used with certin end
offce Switch features to provide the callng part's name.
CLEC's End User Customer with the applicable featu
capabilty. The ICNAM database contains current listed
name data by working telephone number served or
administered by Qwest, including listed name data provided
by other Telecmmunications Carrers participating in
Qwsts callng name delivery servce arrngement.
1.3.3.3. Two-way analog DID trunks are capable of
initiating out going calls, and may be equippe with
either rotary or touch-tone (DTMF)for this purpse.
When the trunk is equipped with DID call trnsfer
feature, both the trunk and telephone instruments
must be equipped with DTMF.
1.3.3.4 Two-way analog DID trnks require E&M
signaling. Qwest will use Type i and II E&M
signaling to provide these trunks to the PBX. Type II
E&M signaling frm Qwst to the PBX will be
handled as a special assembly request on an
Individual Case Basis.
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 Owests database and the
delivery is not blocked or otherwse limited by the callng
part or other appropriate request).
1.3.4 Usage. Local Switching Usage is biled on a
Minute of Use ("MOU" basis as described within this
Attchment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
1.4.7 For CLEC's QLSP End User Customers, Qwest
will load and update CLEC's QLSP End User Customers'
name information into the L1DB 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 accs to
all vertical features that are loaded in the Local serving
Owest end offce switch.
1.4.8 Qwt will exercise reasonable efort to provide
accrate and complete L1DB and ICNAM information. The
information is provided on an as-is basis with all faults.
Qwest does not warrnt or guarantee the correctness or the
completeness of such information; however, Qwest will
accs the same database for CLEC's QLSP End User
Customers as Owest accesses for its own End User
Customers. Owest will not be liable for system outage or
inaccssibilty or for losses arising from the authorized use of
the data by CLEC.
1.4 Vertical Features and Ancilary Functions and Servces.
1.4.2 Local Switching includes use of Owests 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
Owest tariff. Owest will provide service contrl points in the
same manner, and via the same signaling links, as Qwest
uses such servce control points and signaling links to
provide servce to its End User Customers served by that
switch. Qwests call related databases include the Line
Information Database (L1DB), Intemetwrk Callng Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portbilty Database. CLEC
will not have acces to Owests AIN-based servces that
qualify for proprietary treatment, except as expressly
provided for in the Agreement or this Attachment. Local
Switching does not include use of Qwests signaling netwrk
for Toll Traffc. 'Toll Traffc" and "Toll Calls" means intra local
accss and trnsport area ("LATA") or interLATA 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
Carrier (IXC) or other wholesale SS7 provider.
1.4.9 Qwest will not charge CLEC for the storage of
CLEC's QLSP End User Customers' information in the L1..
or ICNAM databases.
1.5 Shared Transport and Toll.
1.4.3 ICNAM and L1DB. CLEC will have non-
discriminatory accss to Owests L1DB database and ICNAM
database as part of the delivery of QLSP Service.
1.5.1 Shared Transport. The Shared Transport
Netwrk Element ("Shared Transport") provides the
collective interoffce transmission facilties shared by various
Carriers (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 Customer's originating and terminating
local/extended area service interoffce Local traffc on the
Owest interoffce message trunk netwrk. CLEC traffc will
be carred on the same transmission facilities between end-
offce switches, between end-offce switches and tandem
switches and between tandem switches on the same
network facilties that Qwest uses for its own trffc. Shared
Transport does not include use of tandem switches or
transport between tandem switches and end-offce switches
for Local Calls that originate from end users served by non-
Qwest Telecommunications Carrers ("Carrer(s)" which
terminate to QLSP End Users.
1.4.4 The L1DB database contains the following data:
various telephone line numbers and special biling number
(SBN) data: originating line (callng number); biling number
and terminating line (called number) information; callng card
validation; fraud prevention; Biling or service restrctions:
sub-accunt information to be included on the call's Biling
record; and callng card, biled to third number, and collect
call information used in processing Alternately Biled
Services (ABS).
November 8, 2010lkjclEschelon/ Attachment 2 - QLSP~ - (v8-20-10)
AZ-CDS-101108-0215; Co-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS-101108-0219; OR-CDS-101108-0220;;UT-CDS-101108-0221; WA-CDS-101108-0222;
1.5.2 Originating Toll Calls from, and terminating Toll
Calls to, QLSP End Users will be delivered to/from the
designated IXCs from the Owest end-offce switches and
access tandems. Use of access tandem switches are not
included in the Agreement or this Attachment and access
tandem charges, if any, may be biled by Qwest tothe IXC(s)
under the applicable accs tariff..
2
.
.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
1.5.3 IntraLATA and InterLATA Carrier Designation.
QLSP includes the capabilty for selection of the interLATA
and intraLATA Toll provider(s) on a 2-Primary Interexchange
Carrer (PIC) basis. CLEC will designate the PIC
assignment(s) on behalf of its End User Customers for
interLATA and intra LATA Services. All CLEC initiated PIC
changes will be in accrdance with all Applicable Laws, rules
and regulations. Qwest will not be liable for CLEC's
improper PIC change requests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Qwest does not
authorize CLEC to offer, request, or select Owest LPIC 5123
servce to CLEC's End User Customers for intraLATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwest LPIC 5123 to CLEC's End User
Customers, Qwest will bil CLEC and CLEC will pay Owest
the rates contained or reference in the attached Rate
Sheet.
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 QLSP Service Arrangement Descriptions.
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 provided in accrdance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trnk Por and Shared 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.
1.6.5.3 PBX with analog 2- way DID trnks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Anlog - 4 wire
voice grade Loop provided in accrdance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6.6 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 Agreeent with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ieAs, except as
otherwse provided for in the Agreement. QLSP Residential
may be ordered and provisioned only for residential End
User Customer application. The defnitionQf residential
service is the same as in Owests retail tariff as applied to
Qwsts End User Customers.
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) utilizing the LSR proces as described in the
Owest wholesale website.
Additional Terms and Conditions and Service Features.
Owest does not warrnt the availability of facilities at any
servng wire center. QLSP Services will not be available if
facilties are not available. Qwst represents and warrants
that it will not otherwse restrct facilties eligible to provide
QLSP Service and that any and all facilties that wold
otherwse be available for retail service to a Owest End User
Customer will be considered eligible for use by CLEC for
QLSP Service to serve that same End User Customer.
2.2 Loop Start ("LPS") to Ground Start ("GST") and GST to
LST Changes ("LPS/GST Change") are available with
QLSP Servces. POTS Services (e.g., a QLSP Centrex 21
line) can functionally and operationally be prvisioned as
either LPS or GST. Unless specifcally requested otherwse,
Owest provisions POTS Services as LPS. GST is generally
provisioned for Private Branch Exchange ("PBX") type
services. LPS/GST Changes allow ~e CLEC to request a
facilty served by LPS to be changed to GST or vice versa.
Additional information and ordering requirements are
detailed on the Qwest Wholesale website.
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 accrdance with CLEC's I CAs, except for those
Loops that are otherwse provided for in the Agreement.
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 with CLEC's ieAs, except for those Loops that
are otherwse provided for in the Agreement.
1.6.2.1 CLEC may request a conversion from Centrex
21, Centrex-Plus or Centron service to QLSP Business or
QLSP ResidentiaL. The Conversion NRC(s) provided in
the Rate Sheet will apply.
2.0
1.6.4 QLSP PAL is available to CLEC for only CLEC's
Payphone Service Providers (PSPs) 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 accrdance with CLEC's ICAs, except for_those Loops that are otherwse provided for in the
Agreement.
ovember 8, 2010lkjclEschelon! Atthment 2 - QLSP~ - (v8-20-10)
AZ-CDS-101108-0215; CO-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS-101108-0219; OR-CDS-101108-0220;;UT-CDS-101108-0221: WA-CDS-101108-0222;
2.1
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.
1.6.3 QLSP ISDN BRI is available to CLEC for CLEC's
End User Customers and is the combination of a Digital Line
Side Port (supportng BRI ISDN), and Shared Transportprovided under the Agreement with a Basic Rate ISDN-
capable Loop provided in accrdance with CLEC's ICAs,
except for those Loops that are otherwse provided for in the
Agreement.
3
2.3
2.4
QWEST LOCAL.SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
2.2.1 The Subsequent Order Charge provided in the
QLSP Rate Sheet and the Owest retail Tariff nonrecurrng
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, will be added to servce orders
requesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwst will provide to CLEC
certain 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 cali usage
information within Qwests control with respect to calls
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 bil its own End
User Customers.
2.3.2 Owest will provide to CLEC usage information
necessary for CLEC to bil for interLATA and intra LATA
exchange access to the IXC (excluding intr LATA usage
information if Qwst LPIC 5123 is selected as the intrLATA
Toll provider) in the form of either the actual usage or a
negotiated or approved surrogate for this information, as
such billing is described and allowe under secton 3.7 of
this Attchment. These exchange acc recrds will be
provided as Category 11 EMI records via the DUF.
2.3.3 Qwest will provide DUF records for the following:
all usage occrrence bilable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrpt (BLI);
originating local usage; usage sensitive CLASS features;
and Owest-provided intraLA T A toll.
2.3.4 Local Call usage records will be provided as
Category 01 or Category 10 EMI records via the DUF.
Terminating Local cali usage recrds are not colleced or
available and will not be provided.
Feature and interLATA or intraLATA PIC changes or
additions for QLSP, will be processed concurrently with the
QLSP order as specified by CLEC.
2.5 Accss to 9111E911 emergency Services for CLEC's End
User Customers will be available in accordance with CLEC's
I CAs. If Owest is no longer obligated to provide accss to
911/E911 emergency service 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
Customers and new QLSP Service End User Customers, to
the same degree and extent that 911/E911 emergency
servces were provided by Qwest prior to the elimination of
911/E911 emergency services as an obligation under 47
U.S.C. §251.
2.8
2.9
3.0
3.1
Nothing in the Agreement alters or affect CLEC's right __
receive any applicable universal service subsidy or oth
similar payments.
Qwst Operator Services and Directory Assistance Services
are provided under the terms and conditions of CLEC's
ICAs.
Rates and Charges.
The recurrng ("MRC") and NRC rates for QLSP Services
and all associated 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 Service provided under CLEC's ICAs.
Applicable intercarrer compensation rates and charges
(such as accs charges, reciprocal compensation, and
other charges for elements and servces) are applicable and
are provided under a separate Agreement or Tariff.
3.2 QLSP raes Effctive Date through Term. Starting on the
Effecve Date of the Agreement, rates for the Servce will be
those provided or reference in the attched Rate Sheet.
The MRCs for the switch port will be adjusted annually,
effectve January 1 of each year through the term of the
Agreement. CLEC is eligible for and will receive discounts
on the Basic Plan switch port MRCs if it meets the volume
plans described below. Discounts are not cumulative and
Owest will apply the highest discount rate for which CLEC
qualifies. Basic Plan MRCs will apply if CLEC does not
qualify for any discount.
3.2.1 90% YOY Volume Retention Plan: If t.
number of CLEC's QLSP total lines as of October 31 0
each year equals or exceeds 90% of the sum of
CLEC's QLSP total lines as of October 31 of the
preceding year, CLEC will 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.
2.6 Qwest AIN and VMS are offered on a commercial basis and
may be purchased with QLSP at the rates set fort in the
attached Rate Sheet. Retail promotions may not be
combined with QLSP.
3.2.4 115% YOY Volume Growth 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
CLEC's total QLSP lines as of October 31 of the
preceding year, and the YOY line increase is equal to
or greater than one thousand five hundred (1,500)
QLSP lines, CLEC will 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.
3.3 For purposes of counting CLEC's total QLSP lines in section
3.2 as of October 31 of each year, Qwest will include all
QLSP lines, if any, from the previous year. For example, to
determine 2011 QLSP rates, Owest 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 effectve on each
January 1 during the term of the Agreement.
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 Owest charges for such features.3.4 Except as otherwse provided herein, the Loop eiem~
combined with a QLSP Service will be proVided.
November 8, 2010lkjclEschelon/ Attachment 2 - QLSP~ - (v8-20-10)
AZ-CDS-1 011 08-0215; Co-CDS-1 01 008-0216; ID-CDS-1 011 08-0217: MN-CDS-1 011 08-0218:
NM-CDS-1 011 08-0219; OR-CDS-1 011 08-0220;;UT -CDS-1 011 08-0221 ; WA-CDS-1 011 08-0222;
4
Local Switching Usage and Shared Transport Minute of
Use (MOU) This secton describes the use of the Qwst
netwrk for different call types originated by or terminated to
QLSP End Users. This secton does not affect Qwests
. rights to charge IXCs for signaling as descrbed In Section
1.4.2 of this Attachment.
ovember 8, 2010lkjclEschelon/ Attachment 2 - QLSP\ß - (v8-20-10)
AZ-CDS-101108-0215; CO-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS-101108-0219; OR-CDS-101108-220;;UT-CDS-101108-0221; WA-CDS-101108-0222;
.
.
QWEST LOCAL SERVICES PLATFORM\ß AGREEMENT
ATTACHMENT 2-QLSP\ß Service Description
accrdance with CLEC's ICAs with Qwest at the rates set
fort in those ICAs.
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 Usage
charges provided in the QLSP Rate Sheet will apply. For
these call types that also terminate to an end user served by
a Carrer, Qwest may pay that Carrer certin terminating
compensation charges under terms and conditions of a
separate ICA.
3.5
3.4.1 Loops provIded under the Agreement. Upon
thirt (30) Days notice via the standard commercial
notification 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 constiutes its acceptance of such updated rates.
CLEC will be responsible for biling its QLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statute, regulation 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
traffc. When this call type is originated by a QLSP end user,
Local Switch Usage per MOU and Shared Transport per
MOU charges provided in the Rate Sheet will apply. For
these call types that also terminate to an end user served by
a non-Qwest Carrer, Owest may pay that Carrer certin
terminating compensation charges under ters and
conditions of a separate ICA
3.6 CLEC will pay Qwest the PiC change charge associated with
CLEC End User Customer changes of interLATA or
intrLATA Carriers. Any change in CLEC's End User
Customers' interLATA or intraLATA Carrier must be
requested by CLEC on behalf of its End User Customer.
3.8.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local serving Qwst end offce.
If the QLSP End Usets selected IXC does not have direct
trnking to the local serving Owest end offce, Shared
Transport is required to deliver that call to the Acc
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. Additinally, if
Shared Transport is necessary to deliver the call to the
Access Tandem, Shared Transport Usage charges provided
in the QLSP Rate Sheet will apply. For these call types that
require Shared Transport, Qwst retains its rights to bil the
IXC for Tandem elements under the Tariff.
3.7 Intercarrier Compensation. Except as specifcally
described in this Section, the Agreement does not change or
amend applicable intercarrier compensation arrangements
(including but not limited to Switched Accss, Signaling, or
Transit charges) between any partes, including between
Qwest and Carriers or IXCs.
3.7.1 Switched Access. For QLSP End User
Customer(s), Owest will not charge to or collect from the IXC
usage based end offce and loop Switched Accss charges
(such as Switched Access Local Switching, End Offce
Shared Port, Tandem Transmission and Carrier Common
Line) for InterLATA or IntraLATA Toll Calls originating or
terminating from that QLSP End User Customets line to an
IXC.
3.8.4 Terminating IntraOfce and InterOce Local
Calls. This terminating Local Call requires switching by the
local serving Owest end offce and in certin instances other
interoffce switching within the Local Calling area. When a
call is terminated to a QLSP end user, no charges will apply
under QLSP. For these call types that originate from an end
user served by a Carrier, Qwest retains its rights to bil that
Carrer certin Transit charges as described in Section 3.7
above.3.7.2 Signaling. Qwest retains its rights to charge IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as LIDS,
ICNAM and 8XX) associated with interLATA and intra LATA
Toll Calls originated by or terminated to a QLSP End User
under the applicable Tariff.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
Call alwys requires switching by the local serving Qwest
end offce. If the originating callets IXC does not have direct
trunking to the QLSP end usets local serving Owest end
ofce switch, Shared Transport is required to terminate the
call to the receiving QLSP end user. When this call type is
terminated to a QLSP end user, Local Switch Usage
charges provided in the Rate Sheet will apply. Additionally,
if Shared Transpor is necessary to deliver the call to the
QLSP end user from the acces tandem, Shared Transport
Usage charges provided in the Rate Sheet will apply. For
these call tyes that require Shared Transport, Owest retains
its rights to bil the IXC for Tandem elements under the
Tariff.
3.7.3 Transit. For any call originated by an end user
served by a Carrer that routes through Qwests netwrk and
which terminates to a QLSP End User, Owest retains its
rights to bil the originating Carrier Transit charges for that
call under the originating Carriets Agreement.
3.7.4 Other. Owest retains its rights to billXCs or other
Carriers, as applicable, any and all other access charges
and assessments not expressly addressed in this section,
including but not limited to flat rate transport charges, in
accordance with the applicable Tariff 3.8.6 Originating Toll Calls when QC is the
IntraLATA Toll provider. See Section 1.5.4 above.3.8
3.9 Qwest will have a reasonable amount of time to implement
system or other changes necessary to bil CLEC for rates or
charges associated with QLSP Servces
5
3.10
3.11
4.0
4.1
4.2
4.3
4.4
4.5
QWEST LOCAL SERVICES PLATFORM(ß AGREEMENT
ATTACHMENT 2-QLSP(ß Service Description
QLSP Service have a one-month minimum service 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 Serice
even if CLEC does not retain Service for the entire month.
QLSP Services are biled month to month and will after the
one month minimum servce period is satisfied be pro-rated
for partal months based on the number of days Service was
provided.
The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing servce,
including changing a telephone number, initiating or
removing suspension of Service. denying or restoring
service, adding, removing or changing fetures, and other
similar requests.
Sysems and Intenaces.
Qwest and CLEC will support the use of current OSS
interfces and OSS business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time.
QLSP Services are ordered utilizing the LSR process as
described in the Qwest wholesale website.
Prior to placing an order on behalf of each End User
Customer, CLEC will be responsible for obtaining and will
have in its possession a Proof of Authorization as set fort in
the Agreement.
When Qwest or another provider of choice, at the End User
Customer's request, orders the discontinuance of the End
User Customer's existing service with CLEC, Qwest will
render its closing bil to CLEC effective as of the
disconnection. Qwest will notify CLEC by FAX, OSS
interface, or other agreed upon processes when an End
User Customer moves to Qwest or another service provider.
Qwest will not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End
User Customer.
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.
5.0 Qwest will 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. Biling information
will include a summary bil and individual End User
Customer sub-account information. If CLEC needs
additional or different billing information in order to properly
bil its End Users or other Carrers (including Qwest), Qwest
will work with CLEC in good faith to deliver such information.
6.2 Qwest will provide general repair and maintenance serviit
on its facilties. including those facilties supporting QL
Services purchased by CLEC. Qwest will repair and resto
any equipment or any other maintainable component that
adversely impact CLEC's use of QLSP Servce. Qwest and
CLEC will 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.
7.0 Commercial Penormance Measures and Reporting,
Penormance Targets and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
indicated on Signature Page).
Each Part will provide suitably qualified personnel to
peorm its obligations under the Agreement and all QLSPServces 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 Servce attbutes and process enhancements are
not subject to the Change Management Process ("CMP").
CLEC proposed changes to QLSP Service attributes and
proces enhancements will be communicated through the
standard accunt interfaces. Change requests common to
shared systems and processes subject to CMP will continue
to be addressed via the CMP proceures.
6.0 Maintenance and Repair.
7.1
7.2 Qwst will provide commercial perfrmance measurements
and reportng against established performance targets with
QLSP Service. The following performance measurements
will apply to QLSP Residential and QLSP Business: (a) Firm
Order Confirmations (FOCs) On Time; (b) Installation
Commitments Met; (c) Order Installation Interval; (d) out..
Servce Cleared within 24 Hours; (e) Mean Time to Resto
and (f)Trouble Rate.
6.1 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 Qwest facilties or equipment, other than by
connection or disconnection to any interfce between Qwest
and the End User Customer, without the wrtten consent of
Qwest.
7.3 Commercial measurement definitions, methodologies,
performance targets and reporting requirements are set fort
in Attachment 3 to the Agreement. Qwest will provide CLEC
with the raw data necessary to allow CLEC to disaggregate
results at the state leveL. Reporting of these performance
measures will be applied for activity beginning the first full
month of Service after 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 occrring 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 credits were accrued. Credits for Services
provided under the Agreement will be applied for activity
beginning the first full month after January 4, 2011. Any
credits or payments related to the Services provided prior to
the first full month following January 4, 2011 and in
accrdance with CMP, PID, PAP or any other wholesale
service quality standards will no longer be applied beginning
the first full month after January 4, 2011.
7.4.1 Installation Commitments Met. For. each
installation commitment that Qwest, through its own
fault, fails to meet, Qwest will provide a service credit
equal to 100% of the nonrecurring charge for that
installation. Qwst will use the state installation
nonrecurring charge contained in the Agreement for
that order type in calculating the credit. The definit:~of a "missed installation commitmenf' and .
7.4
November 8, 2010/kjclEschelonl Attachment 2 - QLSP(ß - (v8-20-10)
AZ-CDS-101108-0215; Co-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS-101108-0219; OR-CDS-101108-0220;;UT-CDS-101108-0221; WA-CDS-101108-0222:
6
r'
.
.
QWEST LOCAL SERVICES PLATFORM¡l AGREEMENT
ATTACHMENT 2-QLSP¡l Service Description
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 Owest, through its
own fault, fails to resolve within 24 hours, Qwest will
provide a serce credit equal to one day's recurring
charge (monthly recurring 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 will be entitled to a credit 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 recurrng charge
divided by 30).
8.0 Service Penormance Measures and Reporting and
Penormance Assurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selected by CLEC as indicated
on the Signature Page to the Agreement).
If seleced by CLEC under the terms and conditions of the
Agreement and this Attchment, Owest will, in Washington
only, provide perfrmance measurements, reportng, and
remedies compliant with the Washington Performance
Indicator Definitions ("PIDs") and the Qwest Washington
Perfrmance Asurance Plan ("PAP") for the Services, if
eligible, provided under the Agreement and this Attchment.
Only in the state of Washington, and only if expressly
selectd by CLEC under the terms and conditions of the
Agreement and this Attachment, does this PID and PAP
replace, in their entirety, the Commercial Performance
Measures and Reporting, Perfrmance Targets and Service
Credits terms and conditions for Servces provided under the
Agreement and this Attchment outlined in Section 7.0 of
this Attachment.
8.1
8.2 The PIDs and PAP for Washington in their current form are
posted in the Qwest Wholesale PCAT, currently called
Negotiations 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 submitted 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.
8.3 To selec the Service Perfrmance Measures and Reportng
and Performance Assurance Plan (PID/PAP) option, CLEC
must be a certfied CLEC under applicable state rules and
have elected the PID and PAP under its Washington
interconnection agreement with Owest.
8.4 Eligible QLSP Services will be included in the UNE-P PAP
results beginning the first full month following the Effective
Date of the Agreement.
8.5 Notwthstanding the dispute resolution provisions in the
Agreement, the Partes will resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution process described in the PAP.
.November 8, 2010/kjclEschelon/ Attchment 2 - QLSP¡l - (vS-20-10)
AZ-CDS-101108-0215; CO-CDS-101008-0216; ID-CDS-101108-0217; MN-CDS-101108-0218;
NM-CDS-101108-0219; OR-CDS-101108-0220;;UT-CDS-101108-D221; WA-CDS-101108-D222;
7
.
.
.
ATTACHMENT 3
Performance Targets for Qwest QLSpTM Service
ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Service
FOC.1 - Firm Order Confirmations (FOes) 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., EDI997 transactions are not included.)
. For FOC-1 A, 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 recived electonically 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 CLEe 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-
GUlor 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 periodH x 100
FOC-1 B = UCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (Application
Date & Timer 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 - Performance Targets for Owest QLSp™ Service
.
.
.
Page 2
.
.
.
Exclusions:.LSRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the
"Performance 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 startstop dates/times.
Product Reporting:Peñormance Target:
FOC-1A 95% within 20 minutes
QLSP-POTS
FOC-1B 95% within standard FOC
intervals (speified below)
Standard FOe Intervals
Product Group NOTE 1 FOe
Interval
QLSP-POTS (1-39 lines) FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
Performance 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
product type are considered ICB.
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 3
ICM-1 - Installation Commitments Met~~~ .
Evaluates the extent to which Owest installs services for Customers bv 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 types) assigned a due date by Owest 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 Owest 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 Owest changes a due
date for Owest 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 Owest-initiated, changed due date, if
anv.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services 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-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported accrding to installations:
ICM-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Total Orders completed in the reporting period on or beore 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-Owest 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-Owest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving official 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 Qwst QLSp™ Service
Page 4
.
.
.
Product Reporting Performance Target:
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).
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 5
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 types) assigned a due date by
Qwest and which are completed/closed during the reporting 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 tt:e 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. NOTE 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
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
01l-1A 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" will be reported accrding 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
occurring 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 proiects.
.
ATTACHMENT 3 - Performance Targets forQwst QLSp™ Service
Page 6
.
.
.
Re rted As:
Avera e business da s
Zone-T e-
Performance 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 succssive 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 impacts on
intervals are not counted in the reported intervaL.
Performance will be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
ATIACHMENT 3 - Perfrmance Targets for Qwest QLSp™Service
Page 7
00S24.1 . Out of Service Cleared within 24 HoursPurpose: .
Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (i.e., 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 (i.e., unable to place or receive calls), subject to exclusions
specified below.
. Time measured is from date and time of receipt 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 . Results for product/services 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 accrding to installations:
00S24-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) I (Total Number of Out of Service Trouble Reports 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 (Wororce 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 missing data essential to the calculation of the measurement per the measure definition..
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 8
.
.
.
Product ReDortina:Penormance 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).
.
.
ATIACHMENT 3 - Performance Targets for Qwst QLSp™ Service
Page 9
MTTR.1 . Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusina how lona it takes to restore services to proper operation.
Description:
Measures the average time taken to clear trouble reports.
. 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 d,ate and time of receipt 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 product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
MTIR-1A Dispatches (Includes within MSA and outside MSA);and
MTIR-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
MTIR-1C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
¿((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) + (Total number of
Trouble Reports closed in the reporting period)
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-Owest (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 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 official 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 - Perfrmance Targets for Qwest QLSp™ Service
Page 10
.
.
.
Product Reporting:Performance Taraet:
MSA-Type-OLSP-POTS (No Dispatch)5 Hours
OLSP-POTS OLSP-POTS (Dispatched)14 Hours
Zone-TvDe-.
Availabilty:Notes:
Performance will be measured beginning in the
first full month of OLSP service (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 11
TR-1 - Trouble Rate
Purpose:
Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or
element.
Description:
Measures trouble reports by product and compares them to the number of lines in service.
. Includes all trouble reports closed during the reporting period, subject to exclusions specifiedbelow. '
. Includes all applicable trouble repors, 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 (Workforce Administration) data (products listed for Zone- .
type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrier Action (lEG) 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 MTAS 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 official 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.
.
ATIACHMENT 3 - Performance Targets for Owest QLSp™ Service
Page 12
..
#
.
.
.
.
Product Reporting:Performance Target:
MSAType:.QLSP-POTS Diagnostic
Zone Type: .
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
ATTACHMENT 3 - Perfnnance Targets for Qwest QLSpTM Service
Page 13
.
.
.
Qwest Local Sèrvices Platform™ (QLSpTM) Rate Page -Idaho
J 4 2011 h h i: *anua t rou erm
109.8 Shared Tra¡¡ Purcas As Part of QLSP'"
109..1 OLSpTM Residntial Business and PAL in 10- (Per MOUl I !lo.0111 00
109..2 OLSpTM Centrx ISDN =1 PAL in ID.N and PBX Analo" Trunks Per linelnk UGUST $0.35
109.11 Lol Swtcin" Purchased As Part of OLSP'"
109.11.1 Por Basic Plan
109.11.11 Analon Port 6.21
109.11.1.2 Residential end user credit LAWUR 3.07 1
109.11.1.3 Efe ni "pTM Residential Analon Port 3.14 1
109.11.1.4 Di ital Port Sl.nnortnn BRIISDNI 17.40
109.11.1.5 PBX DID Port 7.30
109.11.Inteallv Blank
109.11.Port If 90% YOY Volume Retention Plan Renuirements Are Met
109.11.3.1 Analnn Port 5.59
109.11.3.2 Analn Port ResidAntial end user credK LAWUR 2.51 1
109.11.3.3 i:ffctve OLSpTM RAoidential Analoo Port 3.08 1
109.11.3.4 D;nital Po" 'Su""ortn" BRI ISDN'17.40
109.11.3.5 PBX DID Port 7.30
109.11.4 Intentlonallv Blank
109.11.5 Port If 115% YOY Volume Grow Plan RAtulrements Are Met
10911.5.1 Analnn Port ...3~
109.11.5.2 Analo" Port Resirlential end user credK LAWUR 1.401 1
1n9.11.5.3 Effctve OLSpTM Residential Analan Po 't?95 1
1n9.11.5.4 Di"ital Port Sunnortnn BRI ISDN .17.40
109.11.5.5 PBX DID Por 7.30
109.11.6 IntentionallY Blank
109.11.7 Loal Sw Usa"e
109.11.7.1 nLspTM Residential. Business. and PAL in IOOS Per MOO 'to.001343
109.11.7.2 0LSpTM Centrex ISDN BRI PAL in lOoN and PBX Anlo" Trunk$ Per UnelTrunk UGUFM !l1.13
109.11.Sw Featres 2
109.11.8.1 Acunt Cndes . "er S""tem AZPS 75.00
109.11.8.2 Atendant Acess Une "er Station Une DZR 0.00
109.11.8.3 Audible Messane Waitinn MGN MW 12.00
109.11.8.4 Authorization Codes. "er S,mtem AFY 85.00
109.11.8.5 Automati Une ElPB 8.00
109.11.8.6 Automatic Route Selection. Common En"inment ner S""tem F5GPG !l2 oo.no
109.11.8.7 Call Dro-"FIDONLY 5.00
109.11.8.8 Call Exclu"ion . Automatic NX ISDNI 5.00
109.11.8.9 Call Exclusion. Manual NA.FID $5.00
IDSN'
109.11.8.10 Call Fo.wrdinn Busv Une .Incomin" Onlv 69B1X 5.00
109.11.8.11 Call Forwrdin" Don't Answer Incominn Onlv 69A 5.00
109.11.8.12 Call Forwrdinn:R.,sv Une I Don't Answer Pranrammable Service Estblishment SEPFA 0.00
109.11.8.13 Call Forwrdinn: Don't An..r I Call Forwrdinn Busv Customer Pronrammable "er Une FSW 1 .00
109.11.8.14 Call Waitinn Indication,.r;r Timino State WUT 25.00
109.11.8.15 Centrex Common Enuinment HYE HYS 160.00
109.11.8.16 CLAS.CaIlTrace Per Occrrence NOUSOC $0.46
109.11.8.17 CLASS. Cotinuous Redial NSS 10.00
109.11.8.18 CLA. Last Call Retum NSO 10.00
109.11.8.19 CLAS.PriorilvCalinn NSK 10.0
109.11.8.20 CLAS. Selective Call Forrdin"NCE 10.00
109.11.8.?1 CLAS. Selecve Cal Reiecton FKOPN NSY 10.00
109.11.8.22 Dire Station Selecion I Bu&- Lamn Field. ner Arnnement BUD .00
109.11.8.23 Direcd Call Pickun with Barne.in 6MD 5.00
109.11.8.24 Direct Cell Picku" without Ba~e.in 69D .00
109.11.8.25 Distinctve Rinnlr istincte Call Waitino RNN 5.00
109.11.8.26 Ex"ensive RoutA Waminn Tone ner S""tem AOWPS 9 .0
109.11.8.27 Groun Intercom GCN .00
109.11.8.28 Hot Une, per Line HLN, HLA $8.00
109.11.8.29 Huntin": Mulli"~ition Hunt ueuinn MH5 !l5.oo
109.11.8."0 Huntinn: Muijosition Wi Annnncement in Oueue MHW $5.0
109.11.8.31 Huntin", Multnosition with Music in Queue MOHPS !l100.00
109.11.8.32 ISDN Short Hunt NHGPG,$10.00
NHGPN
109.11.8.33 Louds"eaker Pani~r Trunk Groun PTOPG IC
109.11.8.34 MakeBuovArrannements nerGrouo A9AEX P89 !I?O.OO
1 09.11.8.35 M~ke Bu"" Aran"ement "er Une MB1 !l10.00
109.11.8.36 M""""nA Center ner Main S"'tion Line MFR !I.OO
109.11.8.37 ...~ne Waitinn Visual MV5 ICB
109.11.8.38 Mu-icOn Hold nerS""tem MHHPS !l75.00
109.11.8.39 Priva~Release K7KPK $5.00
109.11.8.40 OuervTime OT1PK !l5.00
109.11.8.41 SMDR.P.Archived Data SR7CX !l300.00
109.11.8.42 SMDR.P. Service Establishment Charge. Initial Installation SEPSP,$165.00
SEPSR
109.11.8.43 Station Camn./n Servic ner Main Station CPK !l8.00
109.11.8.44 Time of Da" Control for ARS "er S""te ATBPS $125.00
109.11.8.45 Time ofDav NCOS Undate MT 1.no
109.11.8.46 TimeofDa"Routinn "erLine ATB 1.00
109.11.8.47 Trunk Verication from Desinnate Station BVS $10 .00
109.11.8.48 UCD in Hunt GroU" "er Line MHM .00
109.11.8.49 Premium Port Feares Additonal Chara $2.08
109.11.".49.1 CMS . g.m Establishment. InKial Installation MB5XX $1000.00
Qwst Local Services Platfm 1M Agreement OLSP1M Rate Sheet.V1.2.3 04.11.08
Qwst Local Services Platform™ (QLSpTM) Rate Page . Idaho
J 4 2011 th h'i *anua rou erm
109.11.8.9.2 CMS . S""tem Establishment Sub""uent Installation CPVO T500.00
109.11.8.49.3 CMS . Packet Contrl Caoabilil. oar S\I PTGPS $1500.00
109.11.8.49.4 Confence callinn . Me Me MJJPK $.~.OO
109.11.8.49.5 Confence callinn . Pr M09PK $5.00
109.11.8.49.6 Confence callinn . Sta Dial 6-Wavl GV $5.00
109.11.9 Oter
109.11.9.1 Custo Number
109.11.9.1.1 Idaho Nort See Applicable Qwt Retil 6
Tari, Catalo or Price Us! less
Discount (which will be
provided pursuant to terms and
conditons in CLEC's !CA).
109.11.9.1.2 Idaho Sout See Applicable Qwt Retil 6
Tari, catalog or Price Ust less
Disunt (which will be
provided pursuant to terms and
conditons in CLEC's ICA).
109.11.9.2 PBX DID Comnlex Translatins Dinõh o.ot"l.. r.ha"" !:naHnn :i15.2
109.11.9.3 PBX DID Comolex Translatins Sinnalinn Channe $35.5
109.11.9.4 PBX DID Bloc Comnrnmise $25.5
109.11.9.5 PBX DID Grouo of 20 Numbers $31.
109.11.9.6 PBX DID Reserve Seouential # Bloc $25.3
109.11.97 PBX DID Reserve Nonsenuenti.1 Telenhone Numbers $23.6
109.11.9.8 PBX DID Nonseouentiál Teleohone Numbers $33.1
109.11.10 Subsuent Order Charne NHCUU $12.17 4
109.11.11 Qwest Cororatlon (QC IntraLATA Toll LPIC 5123
109.11.11.1 Idaho Nort See Applicable Qwt Retil 6
Tari, Catalog or Price List less
Dicount (which will be
provided pursuant to terms and
coditins in CLEC's !CA).
109.11.11.2 Idaho Sout See Applicable Qwt Retail 6
Tari, Catalog or Price Ust less
Disunt (which will be
provided pursuant to terms and
conditions in CLEC's ICA).
109.20 Miscellaneous Charges 5
109.20.1 Deslan . Nor
109.20.1.1 Maintenance of Serice
109.20.1.1.1 Basic
109.20.1.1.1.1 First Incrment MI -
109.20.1.1.1.2 Each Additional Increment MV1X -
109.20.1.1.2 Overtme
109.20.1.1.2.1 Firs Increment MVOX -
109.20.1.1.2.2 Each Additonal Incrent MV2X ..
109.20.1.1.3 Prmium
109.20.1.1.3.1 Firs Incrment MVPX -
109.20.1.1.3.2 Each Additonal Incrment MV3X ..
109.20.1.2 Ootional Testinn Additonal Labor
109.20.1.2.1 Basic Firs and Each Additonal Increment OTNBX ..
109.20.1.2.2 Overtme First and Each Additional In""ment OTNOX ..
109.20.1.2.3 Premium First and Each Additional Increment OTNPX ..
109.20.1.3 Disoatc Additinal Disoatch . No trouble found'VT6DC ..
109.20.1.4 Disoatc for Maintenance of Service. No Trouble Found VT6DM ..
109.20.2 Deslan and Non-Deslan - Nort
109.20.2.1 Trio Chame . Premises Visit Charne SCO -
109.20.2.2 Premises Work Charae
109.20.2.2.1 Basic
109.20.2.2.1.1 First Increment HRDll ..
109.20.2.2.1.2 Each Additional Increment HRDAl ..
109.20.2.2.2 Overtime
109.20.2.2.2.1 First Increment HRD12 ..
109.20.2.2.2.2 Each Additional Increment HRDA2 ..
109.20.2.2.3 Premium
109.20.2.2.3.1 Firs Increment HRD13 ...
109.20.2.2.3.2 Each Additonal Inr..ment HRDA3 ..
109.20.2.3 Netwrk Premises Work Charne
109.20.2.3.1 Basic Firs Increment HRRll ..
109.20.2.3.2 Basic Each Additional Increment HRRAl ..
109.20.2.3.3 Overtme First Increment HRR12 ..
109.20.2.3.4 Overtme Each Additonal Increment HRRA ..
1 9.20.2.3.5 Premium First Increment HRR13 ..
109.20.2.3.6 Premium Each Additional Increment HRRA ..
109.202.4 DateChanne VT6DC ..
Qws! Local Service Platfrm'" Agreement QLSP'" Rate Sheet.Vl.2.3 04.11.08
.
.
.
2
.
.
.
Qwest Local Services Platform™ (QLSpTM) Rate Page -Idaho
Janua 42011 throu h Term*
Desinn Cha¡;e .H28 ü
Exnedite CharM-PAr ds';advanced EODnB ü
Cancelation Charne NoUSOC ICB
109.20.3 Non.Deslon . Solt
109.20.3.1 Netrk Premises Work Cha~e
100.20.3.1.1 All Hours 1st 15 m'nut HRHll ..
109.20.3.1.2 All Hours next Itree 15 minute HRHAl ü
109.20.3.1.3 All Hours ea"ddfl15 minutes HRDAl ü
109.20.Deslan . Soult
109.20.4.1 Maintenance ~rvice
109.20.4.1.1 Basic
109.20.4.1.1.1 First Increment WNXX ü
109.20.4.1.1.2 Each Additional Increment WN1X ..
109.20.4.1.2 Overtme
109.20.4.1.2.1 Firs Increment WNOX ü
109.20.4.1.2.2 Each Additonal Increment WN2X ..
100.20.4.1.3.1 Premium
109.20.4.1.3.1 First Increm"nt WNPX ü
109.20.4.1.3.2 Each Additional Increment WN3X ü
,no?n,,?..r~nT"'RY ü
109.20.4.2.2 Overtme First and Ea Additonal Increment OTNOX ..
109.20.4.2.3 Premium First and Each Addijional Incrment OTNPX ü
109.20.4.3 Disnatch (Additional Disnatch . No trble found)VT6DC ü
109.20.4.4 Disnatch for Maintenance of Service. No Trouble Found VT6DM ü
109.20..5 N..~rk Premises Work Charne
109.20.4.5.1 BaO¡c
109.20.2.5.1.1 Firs Inc..ment HRHll ..
109.20.2.5.1.2 Each Additonal Increent HRHAl ..
109.20.4.5.2 Overtme
109.20.2.5.2.1 First Increment HRH12 ü
109.20.2.5.2.2 Each Addijional Increm..nt HRHA2 ü
10920.4.5.3 Premium
109.20.2.5.3.1 Firs Increm"nt HRH13 ..
109.20.2.5.3.2 Each Additinal Increment HRHA ..
109.20.5 Desnn and Non.D..lnn . Sout
109.20.5.1 Trio ChAme . Premises Visit Charae NRTCY ü
109.?0.5.2 Premises Work Char;
109.20.5.2.1 Basic
109.20.5.2.1.1 First Increment HRDll ..
109.20.5.2.1.?Each Additional Increment HRDAl ..
.109.20.5.2.2 Overtime
109.20.5.2.2.1 Firs Increment HRD12 ü
109.20.5.2.2.2 Each Addional Increment HRDA2 ..
109.20.5.2.3 Premium
109.20.5.2.3.1 First Increment HRD13 ü
109.20.5.2.3.2 Each Additonal Increment HRDA3 ü
109.20.5.3 DateChann..VT6DC ü
109.20.5.4 Desinn Channe H28 ü
109.20.5.5 ¡:yoedije Charne Per dav ativanced EODDB ..
109.20.5.6 Cancellation Charne No '''''DC ICB
109.23 QLSP'" Installation and Conversion Nonrecurrna Char""s fNRCs
109.23.1 Converion Nonrecurrlnn Charnes
109.23.1.1 QLSP'" Business Centrex PAL and PBX Analo non.DID Trunks Residential
109.23.1.1.1 First Line Mechanized URCCU 1.50
109.23.1.1.2 Each Additona Line (Mechaniz)URCCY O.M
109.2~.1.1.3 Firs Line Manual URCCV 15.00
109.23.1.1.4 Each Additional Line Manual URCCZ $3.00
109.23.1.2 QLSP'" PBX DID Trunks
100.23.1.2.1 FirstTrunk URCCD !t8.84
109.2~.1.2.2 Each Additional ~.73
109.23.1.3 QLSP'" ISDN BRI
109.23.1.3.1 First URCCU $3.66
109.23.1.3.2 Each A"ditonal !G2.73
109.23.2 Installaton Nonreurrno Charnes
109.23.2.1 QLSP'" Business Centex PAL and PBX Analno non.DID Trunks Residenal
109.23.2.1.1 First Line'MehAnizedl NH RA 50.00
109.23.2.1.2 Each Additonal Line Mechanized NHCRC 18.0
109.23.2.1.3 First LinelManuall NHCRB 75.00
109.23.2.1.4 Each Additional Line Manuall NHCRD 20.00
109.23.2.2 QLSP'" Analno DID PBX Trunks $15.21
109.23.2.3 QLSP'" ISDN.BRI ~72.96
awt Local Services Platfrm TM Agreement QLSp™ Rate Sheet.Vl.2.3 04.11.08 3
109.23.3.2 Idaho South
See Applicable Qwt Retil
Tanf, Catalog or Price List less
Discount (which will be
provided pursuant to terms and
conditions in CLEC's ICA).
See Applicable Qwt Retail
Tarif, Catalog or Price Lit less
Discunt (which will be
provided pursuant to terms and
conditions in CLEC's ICA).
.6
6
109.23.4 Qwes! Voice Mesa. Service
109.23.4.1 Idaho Nort 6
109.23.4.2 Idaho South
See Applicable Qwt Retail
Tarif, Catalog or Price List less
Discount (which will be
provided pursuant to terms and
conditions in CLEC's !CA).
See Applicable Qwst Retail 6
Tanf, Catalog or Prce List les
Discount (which will be
provided pursuant to terms and
conditions in CLEC's ICA).
112 o ationa. Su rt Stems
112.1 Develoments and Enhancements er Locl Service Ruest
112.2 On oin 0 erations er Local Service Re ues
112.3 Daily Usage Records File, per Recrd
All charges and increments
equal the comparable charges
and increments provided in the
Qwt Wholesle PeAT..!.
See Applicable Qwt Retail Tanf, Calog or Pr Ust fo all chrg and Incrments.
Universal Service Order Codes (USOCs) have ben proided in an ef to ease itm descrption and USOC assiaon with charges. In the event USOCs are inaccrate
or are revised, Qwt reserves the right to correc the Rate Shee In the event of any signifcant change(s), notcaon will be provided via the standard notication
QLSpTM Business and Residential service utiliz the same Class of Seic and line Univerl Servce Order coes (US). QLSpTM Resdential services will be billed at
the Analog Por rate and only thos lines that specically qualif for and are idented as serving a redential end-user customer by the preence of the LAWUR USOC will
recive the Residential end user credit..2 QLSpTM service includes nondiscrminatory acc to all vertical switch features that are loaded in Qwfs End Ofce Switch. See the PeAT for all compatible and available
vertcal swtch features. Only vertcal switch features with Non.Recurrng, Recrrng, or Per Ocurrence charges are listed. Non-Recurring charges are applicable whenever
a feature is added. whether on new installation, conversion, or change order actvit. Those vertical swtc feature not listed have a rate of $0 for Monthly Recurring, Non.
Recurring, or Per Occrrence charges.
3 Resrved for future use.
4 The Subsequent Order Charge is applicable on a per order basis when changes are reueste to exing service, including changing a telephone number, initiating or
removing Suspension or Service, denying or reng servic, adding, reoving, or changing features, and oter similar reques.
5 QLSpTM ISDN BRI and PBX are "Design". Remaining QLSpTM service are 'Non..gn". All charges and increments shall be the same as the comparable charges and
increments provided in Qwt Retail Tari, Catalogs, or Price List and are subje to chng base on changes in those underlying Qwt Retail Tarif, Catalogs, or
Price List. In the event a rate changes, notication will be proided via th stndard not pro.
6 Where the service has been deemed to be a Telecmmunications Service, the DIscunt will be provided pursuant to CLEC's ICA. Where the service is not a
Telecommunications Service, the disunt will be 18%.
Qwt Local Serice Platform TM Agreement QLSp™ Rate Sheet.V1.2.3 04.11.08
.
4