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HomeMy WebLinkAbout20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7th Avenue, Room 1 506 Seattle, Washington 98 191 (206) 73&5178 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law January 77,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washinglon Street P.O. Box 83720 Boise, Idaho 83720-007 4 sITd TrrY Centurylink' i.t F. f:$r.i ,' - , j Via Overnight delivery 0wE-T-O 0 -t v Re: CenturyLink Local Services Platform ("CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your office on January 16,2014, enclosed are the signature pages for all of the CLSPs which have been extended. For your convenience, we are also enclosing a matrix listing the CLSPs and the docket numbers associated with the original agreements. Please contact have any questions concerning the enclosed. Thank you. Sincerely, MEP/jga Enclosure EXTENSION AMENDMENT TO CENTURYLINKTM LOCAL SERVICES PLATFORM ("CLSP'''"I AGREEMENT This amendment ('Amendment"), by and between Qnyest Corporation dba CenturyLink QC ("GenturyLink"), .a Colorado corporation, and MCImetro lciesi Transmission Services LLC ("CLEG"), amends the CenturyLinkil Local Services Platform ("CLSR'"l Agreement (formerly known as "Qwest Local Services Platformru ("QLSe*'lAgreement") between the Parties' WHEREAS, the Parties entered into a Qwest Local Services Platform ("Qtset"'1 Agreement (now referred to as a CenturyLinkil Local Services Platform ('CtSe'r'; Agreement), (the "Agreemenf'); and WHEREAS, the terms "CenturyLink' and "CLSP' in this Amendment shall be used in place of, and interchangeably with, the terms "Qwest' and "QLSP", respectively, in the Agreement; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipi and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section 2 of the Aoreement will be replaced in iE entiretv as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aqreementwill be replaced in its entlretu as follows: 3. Term. The term of this Agreement begins on the Effective Date and continues through December 31,2016. Upon expiration, this Agreement will continue on a month-to-month basis until it is terminated by either Party, with at least ninety (90) Days prior written notice, pursuant to Section 22 of the Agreement, or replaced by a successor agreement. Attachment 2 - Service Description - of the Aqreement is herebv amended as follows: 1. Section 1 of Attachment 2 will have the following added: 1.6.7 Should CenturyLink cease offering a service to its End User Customers that is also available under this Agreement, upon thirty (30) Days prior written notice to CLEC, CenturyLink will also cease offering the service to CLEC. Notwithstanding the foregoing, CenturyLink will not effect a discontinuation of any service pursuant to this Section 1.6.7 in such manner that CLEC may not reasonably comply with Applicable Law conceming End User Customer discontinuation of service, disconnection and notification, provided that, the foregoing is subject to CLEC's reasonable diligence in effecting such compliance. . Section 3.2.4 of Attachment 2 is replaced with the following: 3.2.4 115o/o YOY Volume Growth Plan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or exceeds 11Oo/o ol the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,OOO) CLSP lines, CLEC will qualifi for a 30% discount off the Business Port MRCs and a 6% discount off the Residential Port MRCs applicable during the next calendar year. Section 7 of Attachment 2 will have the following changes: 7.0 Commercial Performance and Service Credits. 7.2 Removed in its entirety. 7.3 Removed in its entirety. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. Decemberl0, 2013/kjc/CLSP 2014 Extension Amendment to CLSPni AgreemenUMClmetro Access AZ-CDS-101021-0086; CO-CDS-101021-0087; lA-CDS-101021-0088; lD-CDS-101021-0089; MN-CDS-10't021-0090 MT-CDS-101021-0091; ND-CDS-101021-0092; NE-CDS-101021-0093; Ni,t-CDS-101021-0094; OR-CDS-101021'0095; SD-CDS-101021-0096; UT-CDS-101021-0097;WA-CDS-101021-0098;WY-CDS-101021-0099 4. Page 1 of2 GenturyLinkil Local Servlces Platform (CLSPil) Rate Page - A;Z,CO,IA" lD, MT, ND, NE, NM, OR, SD, UT, WA, WY January 1,2011 through Term CenturyLinkil Local Services Platform (CLSPIM) Rate Page - Minnesota January 1,2011 through Term t09.112 'orB, f m96 YOY Volume Retentlon Plan Reoulremenb Arc ilet r()9.1.2.1 )s Port N/' tog.11.2.2 )o Port. Resuentlal ead user credit .AWUR t{/r r09.1.2.3 :ffectlva CLSPil Rosid€nlial fuialog Port N/I I09.1.2.4 tal Port (Supportlng BRI ISDN)N/' rG,.1.2.5 rBX DID Port N,, 109,23.2 Gtallatlon Nonrscurrlng Charge! 109.23.2.1 ILSPil Burlne!3, C6ntrer, PAL, lnd PBX Anelog non-DlD Trunkr, Resldentlsl 1W.8.2.1.1 lFrst Llne (M€chartzed){HCRA $25.(x DocuSign Envelope lD: 97869DAB-538E4C2F-gE19-19F504689F99 EXTENSION AMENDMENTTO CENTU RYLIN KTT LOCAL SERVICES PLATFORM ("CLSP T]''' ; AGREEMENT Further Amendments Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force and effect. The provisions of this Amendment, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures from the provisions of this Amendment may not be given without the written consent thereto by both of the Parties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or no1 will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Entire Aqreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any prior understandings, agreements, or representltions by or between the Parties, written or oral, to the extent they relate in any way to the subject matter of the Agreement, as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set fo(h below, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. October 25,2013/Uc/CLSP 2014 Extension Amendment to CLSPn AgreementEscheton/ AZ-oDS_101 108_021s; co_cDS_j01008-0216; tD_cDS-loi108-0217; MN-oDS_101 108_0218; NM-CDS-101 't08-02.1 9; OR-CDS-10.t 1oB-0220;;UT-cDS-1 O1 1 0*0221; WA-CDS-101 .t 08-0222; Title; Director - Wholesale Contracts Date: L2/4/20L3 Eschelon Telecom of Arizona, lnc. Eschelon Telecom of Colorado, lnc. Eschelon Telecom of Minnesota, lnc. Eschelon Telecom of Oregon, lnc. Eschelon Telecom of Utah, lnc. Eschelon Telecom of Washington, lnc. Eschelon Telecom, lnc. (for lD & NM) vice president, costs & eo'licy L2/4/20t3 DvlLr lr,. D,r,rc7 Page 2 ot 2