20110304Amendment-Excel.pdf

Owest
1600 7th Avenue, Roorn 3206
Seattle, Washington 98191
[phone]Facsimile [phone]
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Qwest$
Spirit of Service$
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
March 2,2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-02-01
Qwest/Comtel Telcom dba Excel Telecommunications
QLSP Agreement
Dear Ms. Jewell:
Enclosed for filing 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 i is tter
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
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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-02-01
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public
Utilities Commission on September 13, 2006 (the "Agreement"). The Amendment with Comtel
Telcom Assets, LP dba Excel Telecommunications ("Excel") is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carer not a 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 Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competiti ve
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment wil enable Excel to
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
QLSP Agreement-l
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
1iNDRespectfully submitted this .I day of March, 2011.
Adam L. S
Attorney for Qwest
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
QLSP Agreement-2
CERTIFICATE OF SERVICE
I hereby certify that on this 2nd day of March, 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 Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jjewell (gpuc.state.id.us
Hand Deli very
U. S. Mail
-- Overnight Delivery
Facsimile
Email
Richard Dinh
SVP Operations
Comtel Telcom Assets LP dba VarTec
Telecom
433 E. Las Colinas Blvd.
Irving, Texas 75039
Hand Delivery
-2 u. S. Mail
Overnight Deli very
Facsimile
Maura Peterso
Paralegal, Qwest Corporation
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT - Page 3
QLSP Agreement-3
.
.
.
. .
DoouSlgn Envelope 10: OCEB4F17.6207-476-9A96.2AB905B5E162
aWEST LOCAL SERVICES PLATFORMTM AGREEMENT
This Owest local Services Platform TM ("QLSPTM") Agreement. together with the Attachments hereto and Rate Sheets,
Incorporated herein by reference ("Agreement") Is between Qwest Corporation ("Qwest'), a Colorado corporation, and
Comtel Telcorn Assets LP, a Texas Limited Partnership, dba Excel Telecommunications, (each Identifed for purposes
of thJs Agreement in the signature blocks below, and referrd to separately as a "Party. or collectively as the .Partles"). The
undersigned Parties have read and agree to the terms. and conditions set fort In this Agreement
Qwest Corporation:
By:
Name:
TItle:
Date:
ntle:
Date:
Qwest Corporation;
Director. Interconnection Agreements
930 15th Street, 6th Floor ..:,....1,"
Denver, CO 80202 "'.
Phone: [phone]
Email: Intagree.ágwest.com
NOTiCE INFORM~:i'10N: All written notices required under this Agreement shàll be sent to the føllong:
With copytoi
, Qwest Law'Departent
."...lNholesale Interconnection
, ", .J~01~9alii r~rtf1pihFI~:'r '~!.', ~:~ _;:.S,:,:'~::,,".~.i1,.
'1:\" ~~~Ä~11:ío 5~:f':' ';~'~,':tt.;: ~¡',*,,:~' ~. '"
Email: Legal.interconnectloni.Qwest.com
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Richard Dlnh
SVP Operåtlons
Comtel Telcom'Assets LP dba Excel Telecommunications
433 E. Las Collnas Blvd.
Irving, Texai; 75039
972-910-1708 .
Richard .dinhßiexcel.com
APPLICABLE STATES:
1(.i.
-0'3
C,,".',,' 'Noi,+oNC.,/d'\,
'...,
-L South Dakota
"-l Utah
Washington 7.0 (with .Commerclal Performance
Measures and Reporting', Perfrmance Targets and
Service Credits, as desorbed In Section 7.0 of
Attchment 2 to, this Agreement); or
-A Washington 8.0 (with Service Performance Measures
and Reporting and Perfrmanc Assurance Plan
(PID/PAP) for Washington only, as described In Section
8.0 of Attachment 2 to this Agreement).
-L Wyoming
Owest ag'rees 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 Agraement Is executed.
-L Arzòna,
-L Colorado
-A Idaho
J. Iowa
-l Minnesota
-l Montana
-A Nebraska
-l New Mexico
-l North Dakota
-A Oregon
Jenuary 5.2011/mms/Comlel dbe ExcelQwesl QLSpTM MSA _ (v1Q-15.10) . Page 1 0'11
(AZ=CDS.101106-0142); (CO=00S-101108-143); (JA=CDS.10110B-144); (ID=C08-1011060145); (MN=CD8-10110B-146);
(MT=CDS-10110a-G147); (NO=COS-10110a.0148); (NE=COS.10110B;149); (NM=COS.101106.0160);(OR=COS-101108151);
(80=C08-10110a-0152); (UT=COS.10110a-0153); (WA=COS.10110a-0154); (w=COS.10110a.-o155) .' ,
.
This Qwest Local Services Platform™ ("QLSpTM") Agreement, together with the Attachments hereto and Rate Sheets,
incorporated herein by reference ("Agreement") is between Qwest Corporation ("Qwest"), a Colorado corporation, and
Comtel Telcom Assets LP, a Texas Limited Partnership, dba Excel Telecommunications, (each identified for purpses
of this Agreement in the signature blocks below, and referred to separately as a "Party" or collectively as the "Parties"). The
undersigned Parties have read and agree to the terms and conditions set forth in this Agreement.
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
Qwest Corporation:Comtel Telcom Assets LP, a Texas Limited Partnership,
dba Excel Telecommunications:
By:
Name: L. T. Christensen
Title: Director - Wholesale Contracts
Date:
By:
Name: Richard Dinh
Title: SVP Operations
Date:
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director - Interconnection Agreements
930 15th Street, 6th Floor
Denver, CO 80202
Phone: [phone]
Email: intagreeßùgwest.com
With copy to:
Qwest Law Departent
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectionßùgwest.com~
.ichard Dinh
SVP Operations
Comtel Telcom Assets LP dba Excel Telecommunications
433 E. Las Colinas Blvd.
Irving, Texas 75039
972-910-1708
Richard.dinhßùexcel.com
APPLICABLE STATES:
Qwest agrees to offer and CLEC intends to purchase Service in
the states indicated below by CLEC's signatory initialing (or an
"X") on the applicable blanks. Note: If CLEC chooses to
indicate Washington, CLEC must select only one (1) of the
Washington Service offerings. CLEC may not change its
Washington selection after this Agreement is executed.
-L South Dakota
-L Utah
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 Arizona
-L Colorado
-L Idaho
-L Iowa
-L Minnesota
-L Montana
-L Nebraska
-L New Mexico
-L North Dakota
-L Oregon
~anuary 5. 2011/mms/Comtel dba Excel
Qwst OLSplM MSA - (v1 0-15-1 0)
(AZ=CDS-101108-0142); (CO=CDS-101108-0143); (IA=CDS-101108-0144); (ID=CDS-101108-0145); (MN=CDS-101108-0146);
(MT=CDS-101108-0147); (ND=CDS-101108-0148); (NE=CDS-1 01108-149); (NM=CDS-101108-0150); (OR=CDS-101108-0151);
(SD=CDS-101108-0152); (UT=CDS-101108-0153); (WA=CDS-1011 08-0154); (W=CDS-101108-0155)
-L Washington 8.0 (with Service Performance Measures
and Reporting and Perfrmance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Attachment 2 to this Agreement).
-L Wyoming
Page 1 of 11
WHEREAS, CLEC desires to purchase from Qwest certin combinations of Network Elements, ancilary functions, and additional .
features, including without limitaion, the local Loop, Port, swching, and Shared Transport. .
Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Qwest mutually agree as follows:
4.6 Except as otherwse provided in this Agreement, the Parties
agree that Services provided under this Agreement are not subject to
the Qwest Wholesale Change Management Proces ("CMP"), Qwests
Perfrmance Indicators ("PID"), Performance Assurance Plan ("PAP"),
or any other wholesale servce quality standards, or liquidated
damages and remedies. Except as otherwse provided, CLEC hereby
waives any rights it may have under the PID, PAP and all other
January 5, 2011/mms/Comteldba Excel
Qwest QLSpTM MSA - (v10-15-10)
(AZ=CDS-101108-0142); (CO=CDS-101108-0143); (IA=CDS-101108-0144); (ID=CDS-101108-0145); (MN=CDS-101108-0146);
(MT=CDS-101108-0147); (ND=CDS-101108-0148); (NE=CDS-101108-0149); (NM=CDS-101108-0150); (OR=CDS-101108-0151);
(SD=CDS-1 01108-0152); (UT=CDS-101108-0153); (WA=CDS-101108-0154); (W=CDS-101108.0155)
1. Definitions. Capitalized terms used herein are defined in
Attchment 1.
2. Effctive 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").
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 altemative servce at market-base
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 ("Services") described in this Agreement will
only be provided in Owests incumbent LEC service territory 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
govern the provision of Services hereunder, the following order of
precedence will apply in descending order of control: an Attchment,
Rate Sheet, this Agreement, and any effective Order Form hereunder.
The Partes agree that the Service offered and purchased under this
Agreement are subject to compliance with Applicable Law and
obtaining any domestic or foreign approvals and authorizations
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 Owest or CLEC concerning 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 concerning the proper interpretation or effect of the Existing
Rules or concerning whether the Existing Rules should be changed,
vacated, dismissed, stayed or modified.
4.4 If any change in Applicable Law materially impairs a Part's
abilty to perform or obtain a benefit under this Agreement, both Parties
agree to negotiate in good faith such changes as may be necessary to
address such material impairment.
4.5 To receive services under this Agreement, CLEC must be a
certfied CLEC under Applicable Law. CLEC may not purchase or
utilze Services covered under this Agreement for its own
administrative use or for the use by an Affliate.
wholesale servce 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 process 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 procedures.
5. CLEC Information. CLEC agrees to work with Owest 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 Owest 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 descrption of the Service and applicable rates are set
forth in the Attchments hereto and Rate Sheets. The Partes agree
that the reference rates are just and reasonable.
6.2 Taxes. Fees. and other Governmental Impositions.
All charges for Services provided herein are exclusive of any federal,
state, or local sales, use, excise, gross receipts, transaction or similar
taxes, fees or surcharges ("Tax" or "Taxes"). Taxes resulting from the
perfrmance 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 .
Applicable Law to collect such Taxes from the purchasing Part, su .
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 written
request of the Part being biled, provide the biled Part with detailed
information regarding biled Taxes, including the applicable Tax
jurisdiction, rate, and base upon which the Tax is applied. If either
Part (the Contesting Part) contests the application of any Tax
collected by the other Part (the Collecting Part), the Collecing Part
shall reasonably cooperate in good faith with the Contesting Part's
challenge, provided that the Contesting Part pays all reasonable costs
incurred by the Collectng Part. The Contesting Part is entitled to the
benefit of any refund or recovery resulting from the contest, provided
that the Contesting Part has paid the Tax contested. If the
purchasing Part provides the sellng Part with a resale or other
exemption certificate, the sellng Part shall exempt the purchasing
Part if the sellng Part accepts the certificate in good faith. If a Part
becomes aware that any Tax is incorrectly or erroneously collected by
that Part 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.
6.3 Each Part is solely responsible for any tax on its corporate
existence, status or income and each Part shall be solely responsible
for all taxes on its own business, the measure of which is its own net
income or net worth and shall be responsible for any related tax filings,
payment, protest, audit and litigation. Each Part shall be solely
responsible for the biling, collection and proper remittnce of all
applicable Taxes relating to its own services provided to its own
Customers.
7.Intellectual Property..
Page20f11
.1 Except for a license to use any facilties or equipment
cluding softre) solely for the purposes of this Agreement or to
" ceive 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 construed as the grant of a license, either express
or implied, with respect to any patent, copyright, trade name,
trademark, service mark, trade secret, or other proprietary interest or
intellectual propert, now or hereafter owed, 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 wrtten
agreement between the Partes.
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 service 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 Owest under
this Agreement; or.B. any modification made to the facilties or service 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 Indemnifying Part may, at its
sole option, obtain the right for the Indemnified Part to continue to use
any infringing facilty or service 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 facilty or serice as
provided above and either the facilty or service is held to be infringing
by a court of competent jurisdiction or the Indemnifying Part
reasonably believes that the facility or service will be held to infringe,
the Indemnifyng Part will notify the Indemnifed Part and the Partes
will negotiate in good faith regarding reasonable modifications to this
Agreement necessary to mitigate damage or comply with an injuncton
which may result from such infringement or allow cessation of furter
infrngement.
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
modifications to the facilities or services, and such request shall not be
unreasonably denied.
effort to obtain such rights, but has been unsuccessful in obtaining
such rights. Nothing in this subsecton shall be construed in any way
to condition, limit, or alter a Part's indemnification obligations under
Secton 7.2, precing.
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 arrngement with the other or its Affliates; the other Part
and its Affliates are in any way sponsoring, endorsing or certifying it
and its goods and services; or with respect to its marketing, advertising
or promotional activites or materials, state or imply that the servces
are in any way associated with or originated from the oter 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 prospective end-users: (a) that thèy 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
Qwest. Without limiting the foregoing, CLEC must not use a name,
trademark, service mark, copyright or any other intellecual propert
owned by Qwest or its Affliates, except that CLEC may communicate
that Qwst is one of the underlying carners from which CLEC
purchases services if CLEC has obtained the prior wrtten consent of
the Qwest Law Department. This is a non-exclusive agreement.
Nothing in this Agreement prevents Qwest from offering to sell or
sellng any services to other parties.
7.8 Nothing in this Section prevents either Part from trthfully
descrbing the Services it uses to provide service to its End User
Customers, provided it does not represent the'Services 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 constitutes a license authorizing their use,
and in no event will CLEC, including its employees, representatives
and agents, attempt to sell any Services to its end-users using the
name, brand or identity of Qwest or Owests 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 holidày 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 distrbuted electrnically, the date of the invoice
date is the same as if the invoice were biled on paper, not the date the
electronic delivery occurs. If CLEC fails to make payment on or before
the Payment Due Date, Qwt 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 processing of
orders for Services. If Qwest does not refuse to accpt additional
orders for Services on the date specified in the ten (10) business days
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
Services provided hereunder, licenses under such intellectual propert
rights as necssary for CLEC to use such Servces as contemplated
hereunder and at least in the same manner used by Qwst for the
.. ervices provided hereunder. Qwest shall notify CLEC immediately in
e event that Qwest believes it has used its commercially reasonable
January 5, 2011/mms/Comtel dba Excel
Qwest QLSpTM MSA - (v10-15-10)
(AZ=CDS-101108-0142); (CO=CDS-101108-0143); (IA=CDS-101108-0144); (ID=CDS-101108-0145); (MN=CDS-101108-0146);
(MT=CDS-101108-0147); (ND=CDS.101108-0148); (NE=CDS-101108-0149); (NM=CDS-101108-0150); (OR=CDS-101108-0151);
(SD=CDS-101108-0152); (UT=CDS-101108.0153); (WA=CDS-101108-0154); (W=CDS-101108-0155)
Page 3 of 11
notice, and CLEC's non-cmpliance continues, nothing contained
herein shall preclude Qwests right to refuse to accpt additional orders
for Services from CLEC without furter notice. For order processing 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, Owest reserves the right to seek
equitable relief including injunctve relief and specific performance.
8.3 Disconnection. Qwest may disconnect any Services
provided under this Agreement for any breach by CLEC of this
Agreement that is not cured by CLEC in accrdance with Section 11
herein, including without limitation, failure by CLEC to make full
payment for such Services, less any good faith disputed am~unt as
provided for in this Agreement, within sixt (60) Days following the
Payment Due Date provided that Qwest has first notified CLEC in
writing at least ten (10) business days prior to disconnecng Serices.
CLEC will pay the applicable charge set forth in the Rate Sheet
required to reconnect Services for each End User Customer
disconneced pursuant to this Section 8.3. In case of such
disconnecon, 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 Qwests right to disconnect any or all Services.
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 Service 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 relier 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 concemirig End. Us~r
Customer disconnecton and notification, provided that, the foregoing is
subject to CLEC's reasonable dilgence in efecting such compliance.
8.4 Biling Disputes. Should CLEC dispute, in good faith, and
withhold payment on any porton 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 Owest. 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 effrt to resolve and settle the dispute through informal
means prior to invoking any other rights or remedies.
A. If CLEC disputes charges and does not pay such charges by
the Payment Due Date, such charges may be subject to late
payment charges. If the disputed charges have been withheld
and the dispute is resolved in favor of Qwest, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing further dispute resolution. If the
disputed charges have been withheld and the dispute is resolved
in favor of CLEC, Qwest will credit CLEC's bil for the amount of
the disputed charges and any late payment charges that have
been assessed no later than the second Bil Date after the
resolution of the dispute.
the relution of the dispute, as follows: Qwest will credit it
CLEC's bil for the disputed amount and any as.sociated intere .
or if the disputed amount is greater than the bill to be credit
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
assessed late payment charges.
D. If CLEC fails to dispute a rate or charge within 60 Days
following the invoice date on which the ratè 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 not
established satisfactory credit with Qwest, or the, Part is repeatedly
delinquent in making its payments, or is being reconn~cted after a
disconnecion 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 c~re a breac~ 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
Service. "Repeatedly Delinquent" means any payment of a matenal
amount of total monthly Biling under this Agreement received after the
Payment Due Date, three (3) or more times during the last twlve (12)
month period. The deposit may not exceed the estimated total monthly
charges for a tw (2) month period based upon ~ecent Biling. Th~ .
deposit may be an irrevocable bank letter of credit, a letter of cre.
with terms and conditions accptable to Qwst, or some other form
mutually accptable security such as a cash deposit. The deposit may
be adjusted by CLEC's actual monthly average charge~, payment
history under this Agreement, or other relevant factors, but in no event
will the security deposit exceed five milion dollars ($5,000,000.00).
Required deposits are due and payable within thirt (30) D~~s after
demand and non-payment is subject to the 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 eamed 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 Pa~ies
agree that such deposits are not subject to state laws or ~eguiations
relating to consumer or End User Customer cash deposits. Cash
deposits and acced interest, if applicable, will be. credited to C.LE~'s
accunt or refunded, as appropriate, upon the earlier of the expiratio~
of the term of this Agreement or the establishment of satisfactory credit
with Qwest, which will generally be one full year of consecutive tim~ly
payments çf undisputed amounts in full by CLEC. Upon a maten?1
change in financial standing, CLEC. may request, and Qwe~t will
consider a reclculation of the deposit. The fact that a deposit has
been m~de does not relieve CLEC from any requirements of this
Agreement.
8.7 Late Payment Charge. If any portion of the payment is
received by Qwest after the Payment Due Date, or if any portion of the
payment is received by Qwest in funds that are not immediately
available, then a late payment charge will be due to Qwe~t. The late
payment charge is the portion of the payment not received b.y 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 t.
B. If CLEC pays the disputed charges and the dispute is
resolved in favor of Qwst, no further 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,
Owest will adjust the Biling, usually within tw Billng cycles after
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(MT=CDS-101108-0147); (ND=CDS-101108-0148); (NE=CDS-101108-0149); (NM=CDS-101108.0150); (OR=CDS-101108-0151);
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.... umber of Days from the Payment Due Date to and including the date
at the CLEC actually makes the payment to Owst; or (ii) 0.000407
er Day, compounded daily for the number of Days from the Payment
Due Date to and including the date that the CLEC. actually makes the
payment to Qwest.
S.8 CLEC must not remit payment for the Services 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 certin information or perfrm certin functons
unless those functions and obligations are specificlly agreed to by the
parties in this Agreement or in an amendment to this Agreement.
9. Conversions. If CLEC is obtaining service from
Qwest under an arrangement or agreement that includes the
application of termination liabilty assessment (TLA) or minimum period
charges, and if CLEC wishes to convert such services to a Service
under this Agreement, the conversion of such services will not be
delayed due to the. applicabilty of TLA or minimum period charges.
The applicabilty ,of such charges is govemed by the terms of the
original agreement, Tariff or arrngement. Nothing herein will be
construed as expanding the rights otherwse granted by this
Agreement 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' service
needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble reports,
repair, post-sale servicing, 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 Owest. In responding to
calls, neither Part will make disparaging remarks about the other
eart. To the extent the correct provider can be determined,isdirected calls received 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 servces with CLEC's or Qwests End User
Customers who call the other Part.
10.1 In the event Qwest terminates Service to CLEC for any
reason, CLEC will provide any and all necessary 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.
11. Default and Breach. If either Part defaults in the payment
of any amount due hereunder, or if either Part violates any other
material provision of this Agreement and such default or violation
continues for thirt (30) Days after wrtten notice thereof, the other
Part may terminate this Agreement and seek relief in accrdance with
any remedy available under this Agreement, including without
limitation, the Dispute Resolution provisions of Secion 25 herein and,
in addition to the foregoing, Qwest may cease to accpt orders from
CLEC for Services in accrdance with Section S.2 above. The
remedies available to each Party pursuant to this Agreement are not to
be considered exclusive of one another and will be cumulative.
12.Limitation of Liabilty.
12.1 CLEC's exclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwse limited by this Agreement to outage credits or other
service credits, in which case Qwests total liabilty will not exceed the
aggregate amount of any applicable credits due.
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, .Iost revenues, lost
savings suffered by the other Part regardless of the form of action,
whether in contract, warranty, strict 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%) of the annualized run rate of total amounts charged by
Qwest 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 betwen and among the Parties:
A. Each Part (the Indemnifyng 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
settlement of any nature or kind, known or unknown, liquidated or
unliquidated including, but not limited to, reasonable costs and
expenses (including attomeys' fees), whether suffered, made,
instituted, or asserted by any Person or entity, for invasion of
privacy, bodily injury or death of any Person or 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, warranty, strict 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
Services provided to the End User Customer by th~ 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 Parts End User Customers
regardless of whether the underlying Service was provided or was
provisioned by the Indemnified Part, unless the loss was caused
by the gross negligence or willful misconduct of the Indemnified
Part. The obligation to indemnify with respect to claims of the
Indemnifying Part's End User Customers shall not extend to any
claims for physical bodily injury or death of any Person or
persons, or for loss, damage to, or destruction of tangible
propert, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the
employees, contractors, agents, or other representatives of the
Indemnified Part.
13.2 The indemnification provided herein is conditioned upon the
following:
A. The Indemnified Part will promptly notify the Indemnifying
Part of any action taken against the Indemnified Part relating to
the indemnification. Failure to so notify the Indemnifying Part will
not relieve the Indemnifying Part of any liabilty that the
Indemnifying Part might have, except to the extent that such
failure prejudices the Indemnifying Part's abilty to defend such
claim.12.2 Except for indemnification and payment obligations under
_is Agreement, neither Part shall be liable to the other for indirect,
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QwestOLSpTM MSA-(v10-15-10)
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B. If the Indemnifying Part wishes to defend against such
acton, it will give wrtten 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 selection of legal counsel, and the Indemnified Part
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifying Part does not
accpt 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 action and the relevant
records of each Part will be available to the other Part with
respect to any such defense.
C. In no event will the Indemnifying Part settle or consent to
any judgment for relief other than monetary damages pertaining
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 settement.
14. Limited Warranties.
14.1 Each Part will provide suitably qualified personnel to perform its
obligations under this Agreement and provide all Servces hereunder in
a good and workmanlike manner and in material conformance with all
Applicable Laws and regulations.
14.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
QWEST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED
HEREUNDER. 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 limited 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 other's
behalf. The relationship arising from this Agreement does not
constitute an agency, joint venture, partership, employee relationship
or franchise. Owest 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 contrary, Qwest
reserves the right, in its sole discretion, to modify or change the name
of the Services.
16.Assignment.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior wrtten consent of Qwest, which
consent will not be unreasonably withheld. Notwthstanding the
foregoing and subject to prior credit review, submission of appropriate
legal documentation (including, but not limited to, any appropriate
Secretary of State or other filings or documents specified by Owest)
and approval by Qwest of CLEC's proposed assignee, CLEC may
assign this Agreement without prior wrtten consent of Qwest to any
Affliate, succssor through merger, or acquirer of substantially all of its
assets; and Qwest 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 Owest, as applicable, acknowledge in writing its
assumption of the obligations of the assignor hereunder. Any
attempted assignment in violation hereof is of no force or effect and ..
void. Without limiting the generality of the foregoing, this Agreeme
will be binding as to the Parties' respectve successors and assigns.
16.2 In the event that Owest transfers 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,
Qwst will ensure that the trnsferee serves as a succsor to and
fully performs all of Owests responsibilties and obligations under this
Agreement for a period of ninety (90) Days from the effective date of
such transfer 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 faciltate
discussions between CLEC and the transferee with respect to the
transferee's assumption of Owests obligations after the transition
period set forth above in accrdance with the terms and provisions of
this Agreement.
17. Reporting Requirements. If reportng obligations or
requirements are imposed upon either Part by any third part or
regulatory agency in connection with this Agreement or the Services,
including use of the Services by CLEC or its End Users, the other
Part agrees to assist that Part in complying with such obligations and
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 wrtten consent of th.
other Part (a) issue any public announcement regarding, or make a
other disclosure of the terms of, this Agreement or use the name 0
marks of the other Part or its Affliates; or (b) disclose or use (except
as expressly permitted by, or required to achieve the purposes of. this
Agreement) the Confidential Information of the other Part. Consent
may only be given on behalf of a Part by its Legal Department.
However, a Part may disclose Confidential Information if required to
do so by a 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 Owest or CLEC by any third part or
regulatory agency in connection with this Agreement, each Part
agrees to assist the other in complying with such obligations and
requirements, as reasonably required by OWE!st or CLEC and to hold
Owest or CLEC harmless for any failure by the other part in this
regard. The Parties' compliance with any regulatory filing obligation
will not constitute a violation of this section. Each Part will use
reasonable effort to protect the other's Confidential Information, and
will use at least the same efforts 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 material
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 t.o
correct an inadvertent failure to identify information as Confidenti
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(MT=CDS-101108-0147); (ND=CDS-101108-0148); (NE=CDS-101108-0149); (NM=CDS-101108-0150); (OR=CDS-101108-0151);
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PagE! 6 of 11
21. RegulatorvApproval. 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 modifes any material
provision in this Agreement, whet/1er by direct action or by virtue of
generic proceedings, including wlthout limitation, any pricing terms,
either Part may immediately uP9n wrtten notice to the other Part
terminate this Agreement in whole or in part, including without
limitation, with respect to Service in any state. In the event a Part
exercises its right to terminate pursuant to this Section 21, the other
Part agrees to consent to any regulatory approvals necessary to
disconnect any circuits provided pursuant to this Agreement and
further agrees to provide any required notice to affected customers
within five (5) business days of such notice. If a Part is required by a
lawful, binding order to 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
.e specific part of this Agreement affected by the order to the extent
asonably necessary.
January 5, 2011/mms/Comtel dba Excel
Qwest OLSpTM MSA - (v10-15-10)
(AZ=CDS-101108-0142); (CO=CDS-101108-0143); (IA=CDS-101108-0144); (ID=CDS-101108-0145); (MN=CDS-101108-0146);
(MT=CDS-101108-147); (ND=CDS-101108-0148); (NE=CDS-101108-Q149); (NM=CDS-101108-0150); (OR=CDS-101108.0151);
(SD=CDS-101108-0152); (UT=CDS-101108-0153); (WA=CDS-101108-0154); (w=CDS-101108-0155)
.' nformation by giving wn'tten notification within thirt (30) Days after the
rmation is disclosed. The receiving Part will frm that time
rwrd, treat such information as Confidential Information.
19.3 Upon request by the disclosing Part, the receiving Part will
return 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 Effective Date of this Section. Notwthstanding any other
provision of this Agreement, the Confidential Information provisions of
this Agreement apply to all information furnished by either Part to the
other in furterance of the purpose of this Agreement, even 'if furnished
before the Effectve 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 entiled to seek equitable relief, including injunctive
relief and specific perfrmance 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
.w 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 Part's 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.
22. Notices. Any notice required by or concerning this
Agreement will be in wrting and will be suffciently given if delivered
personally, delivered by prepaid overnight express service, sent by
facsimile with electronic confirmation, or sent by certified mail, return
receipt requested, or by email where specified in this Agreement to
Qwest and CLEC at th addreses shown on the cover sheet of this
Agreement. Notwthstanding anything herein to the contrary, Qwest
may provide notice via email or by posting to Qwsts wêbsite without
duplicate written notification for: (v) marketing notices; (w) notices
provided under Section 8; (x) rate change notice; 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, government
regulations, embargoes, epidemics, terrorist acts. riots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, power blackouts, volcanic action, other major
environmental disturbance, or unusually severe weather conditions
(each, a Force Majeure Event). Inabilty to secure products or services
of 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 performance caused by these
circumstances is beyond the Part's control and without that Part's
fault or negligence. The part affected by a Force Majeure Event shall
give prompt notice to the other Part, shall be excused frm
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 efforts to remove or mitigate the Force
Majeure Event. In the event of a labor dispute or strke the Parties
agree to provide Service to each other at a level equivalent to the level
they provide themselves.
24. Governing Law. Colorado state law, without regard to
choiceof-Iaw principles, governs all matters arising out of, or relating
to, this Agreement.
25. Dispute Resolution.
25.1 The Parties 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 wrtten notice to the other
Part of any dispute not resolved in the normal corse of business.
Each Part will, within seven (7) Days after delivery of the written
notice of dispute, designate a vice-president level employee ora
representative with authority to make commitments to review, meet,
and negotiate, in good faith, to resolve the dispute. The Parties intend
that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, frequency, duration, and
conclusions of these discussions 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
purposes of settlement, and will be exempt frm 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 writing by the Parties), theneither Part may commence a civil action. Any action will be brought in
the United States District Court for the District of Colorado if it has
subject matter juridiction over the action, and shall otherwse be
brought in the Denver District Court for the State of Colorado. The
Parties agree that such court have personal jurisdicton over them.
Page70f11
25.3 Waiver of Jury Tnal and Class Action. Each Part, to the
extent permitted by law, knowingly, voluntanly, and intentionally waives
its nght to a trial by jury and any nght to pursue any claim or action
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
25.4 No cause of action regardless of the form of action, ansing
out of, or relating to this Agreement, may be brought by either Part
more than tw (2) years after the cause of action anses.
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 warrants that:
A. the full legal name of the legal entity intended to provide and
receive the benefits and Services under this Agreement is
accrately set fort herein;
B. the person signing this Agreement has been duly authonzed
to execute this Agreement on that Part's 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 affeced; and
D. each Part may act in reliance upon any instrction,
instrument, or signature reasonably believed by it to be authorized
and genuine.
28. Third Party Beneficiaries. The terms, representations,
warranties and agreements of the Parties set fort 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 Section, to the extent its affliated Part
fails to meet such obligations.
29.1 Workers' Compensation with statuory limits as required in
the state of operation and Employers' Liabilty insurance with iimits of
not less than $100,000 each accident.
29.2 Commercial General Liabilty insurance covenng claims for
bodily injury, death, personal injury or propert damage, including
coverage for independent contractor's protection (required if any work
will be subcontracted), products and/or completed operations and
contractual liabilty with respect to the liabilty assumed by each Part
hereunder. The limits of insurance shall not be less than $1,000,000
each occurrence and $2,000,000 general aggregate limit.
29.3 "All Risk" Propert coverage on a full replacement cost basis
insunng all of such Part's personal propert situated on or within the
Premises.
29.4 Each Part may . be asked by the other to provid_
certificate(s) of insurance evidencing coverage, and thereafter sh .
provide such certificate(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 pnmary and not excess of, or
contributory with, any other valid and collectible insurance
purchased by such Part; and
C. acknowledge severabilty of interest/cross liabilty coverage.
30. Communications Assistance Law Enforcement Act of
1994. Each Part represents and warrants that any equipment,
facilties or Servces provided to the other Part under this Agreement
comply with the CALEA. Each Part will indemnify and hold the other
Part harmless from any and all penalties imposed upon the other
Part for such noncompliance and will at the non-compliant Part's
sole cost, and expense, modify or replace any equipment, facilties or
Services provided to the other Part under this Agreement to ensure
that such equipment, facilties and Servces fully comply with CALEA.
31. Entire Agreement. This Agreement (including all
Attachments, Rate Sheets, and other documents referred to herein)
constiutes the full and entire understanding and agreement betwen
the Parties with regard to the subject of this Agreement and
supersedes any pnor understandings, agreements, or representations
by or between the Parties, wrtten or oral, including but not limited to,
any term sheet or memorandum of understanding entered into by the
Parties, to the extent they relate in any way to the subjects of this
Agreement. Notwthstanding the foregoing, certain 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 intend.
by the Parties to amend, alter, or otherwse modify those terms a
conditions.
32. Proof of Authorization.
32.1 Each Part shall be responsible for obtaining and
maintaining Proof of AUthonzation (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 unauthonzed change or
unauthorized service in accrdance with Applicable Law, the Part
charged with the alleged infrction 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 unauthonzed change or service.
33. General Terms.
33.1 Qwst will provide general repair and maintenance services
on its facilties, including those facilties supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Qwest.
33.2 In order to maintain and modemize the netwrk properly,
Qwest may make neceary modifications and changes to its netwrk
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Netwrk maintenance and modernization
activities will result in transmission parameters that are within
transmission limits of the Service ordered by CLEC. Qwest will provide
advance notice of changes that affect netwrk Interoperabilty pursua~to applicable FCC rules. .
January 5, 2011/mmslComtel dba Excel
Qwest OLSpTM MSA - (v1 0-15-1 0)
(AZ=CDS-101108-0142); (CO=CDS-101108-0143); (IA=CDS-101108-0144); (ID=CDS-101108-0145); (MN=CDS-101108-0146);
(MT=CDS-101108-0147); (ND=CDS-101108-0148); (NE=CDS-101108-0149); (NM=CDS-101108-0150); (OR=CDS-101108-0151);
(SD=CDS-101108-0152); (UT=CDS-101108-0153); (WA=CDS-101108-0154); (WY=CDS-101108-0155)
Page 8 of 11
33.3.Netwrk Security.Applicable Law.
B. Each Part is responsible to provide security and privacy of
communications. This entails protecting the confidential nature of
Telecommunications trnsmissions between End User Customers
during techician work operations and at all times. Specifically,
no employee, agent or representative shall monitor any circits
except as required to repair or provide Service of any End User
Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or
who participated in such communications or even that such
communication has taken place. Violation of such security may
entail state and federal criminal penalties, as well as civil
penalties. CLEC is responsible for covering its employees on
such secrity requirements and penalties.
B. In the event any suspec materials within Qwest..wned,
operated or leased facilities are identified to CLEC by Qwst to be
asbestos containing, CLEC will ensure that to the extent any
activities which it undertkes 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 undertken by CLEC
or equipment placement activities 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 connection with, any asbestos-cntaining
materiaL. Qwest agrees to immediately notify CLEC if Owest
undertkes any asbestos control or asbestos abatement activites
that potentially could affec CLEC personnel, equipment or
operations, including, but not limited to, contamination of
equipment.
A. Protecton 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 partes, its employees, agents or End User
Customers, or their propert as it employs to protect its own
employees, agents, End User Customers and propert, ,but in no
case less than a commercially reasonable degree of care.
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. Owest 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,
frudulent or otherwse unauthorized use of Services or facilities
('Unauthorized Use"), whether or not such Unauthorized Usecould have been reasonably prevented by Qwest, except to the
extent Qwest has been notified in advance by CLEC of the
existence of such Unauthorized Use, and fails to take
commercially reasonable steps to assist in stopping or preventing
such activity.
33.4. Construction. Qwst will provide necessary construction
only to the extent required by Applicable Law.
33.5. Individual Case Basis Requests. CLEC may request
additional Services not specified in this Agreement and Qwest will
consider such requests on an Individual Case Basis.
33.6. Responsibilty For Environmental Contamination.
A. Neither Part shall be liable to the other for any costs
whatsoever resulting from the presence or release of any
Environmental Hazard that either Part did not introduce to the
affected work location. Each Part shall defend and . hold
harmles the other Part and its respectve offcers, direcors and
employees from and against any losses, damages, claims,demands, suits, liabilties, fines, penalties and expenses
(including reasonable attomeys' fees) that arise out of or result
from:
1. any Environmental Hazard that the Indemnifying Part,
its contrctors or agents intrduce to the work locations; or
. 2. the presence or release of any Environmental Hazard
for which the Indemnifyng Part is responsible under
January 5, 2011/mms/Comtei dba ExcelQwest OLSpTM MSA- (v10-15-10) Page 9 of 11
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(MT=CDS-10110S-0147); (ND=CDS-10110S-014S); (NE=CDS-1011 OS-0149); (NM=CDS-10110S.0150); (OR=CDS-101108-0151);
(SD=CDS-10110S-0152); (UT=CDS-101108-0153); (WA=CDS-10110S-Q154); (WY=CDS-10110S-Q155)
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATIACHMENT 1- DEFINITONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. se.), as
amended.
"Advance 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 contrlled 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
address/location of the telephone and supplementary emergency servce
information for Enhance 911 (E911).
"Applicable Law" means all laws, statutes, common law including, but not
limited to, the Act, the regulations, rules, and final orders of the FCC, a
state regulatory authority, and any final orders and decisions of a court of
competent jurisdiction reviewing the regulations, rules, or orders of the
FCC or a state regulatory authority.
"Bil Date" means the date on which a Billng period ends, as identified on
the bil.
"Biling" involves the provision of appropriate usage data by one
Telecommunications Carrier to another to faciltate Customer Billng with
attendant acknowledgments and status reports. It also involves the
exchange of information between Telecommunications Carrers to process
claims and adjustments.
"Carrier" or "Common Carriet' See Telecommunications Carrer.
"Central Ofce" means a building or a space within a building where
transmission 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 Assistance for Law Enforcement Act" or "CALEA" refers
to the duties and obligations of Carrers under Section 229 of the Act.
"Confidential Information" means any information that is not generally
available to the public, whether of a technical, busines, 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 unrestricted 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.
"Customer" means the Person purchasing a Telecmmunications Service
or an information service or both from a Carrier.
"Day" means calendar days unless otherwse specified.
"Demarcation Point" is defined as the point at which the LEC ceases to
own or control Customer Premises wiring including without limitation inside
wiring.
"Directory Assistance Database" contains only those published and non-
listed telephone number listings obtained by Qwest from its own End.
Customers and other Telecmmunications Carriers.
"Directory Assistance Service" includes, but is not limited to, making
available to callers, upon request, information contained in the Directory
Assistance Database. Directory Assistance Service includes, where
available, the option to complete the call at the callets directon.
"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 Telecommunications Service provided by either of the Partes or by
another Carrer or by tw (2) or more Carrers.
"Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental Response
Compensation and Liabilty Act, Superfund Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
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 Carret' or "IXC" means a Carrier that provides InterLTA
or IntrLATA Toll service.
"Line Information Database" or "L1DB" stores various telePhon.
numbers and Special Biling Number (SBN) data used by operator se.
systems to process and bil Altemately Biled Services (ABS) calls. The
operator'services system accesses lIDB data to provide originating line
(callng number), Biling number and terminating line (called number)information. L1DB is used for callng card validation, fraud prevention,
Biling or service restrictions and the sub-accunt information to be
include on the calls Billing record. Telcordia's GR-446-CORE defines the
interface between the administration system and L1DB including specific
message formats (Telcordia's TR-NWP-000029, Section 10).
"Line Side" refers to End Ofce Switch connections 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 Carrier that is engaged in
the provision of Telephone Exchange Service or Exchange Access. 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 service should be
included in the definition of such term.
"Loop" or "Unbundled Loop" is defined as a transmission facilty between a
distribution frame (or its equivalent) in a Qwest Central Offce and the Loop
Demarcation Point at an End User Customer's Premises
"Local Servce Request" or "LSR" means the industry standard forms and
supporting documentation used for ordering local service..January 5, 2011/mms/Comtel dba ExcelQwst OLSpTM MSA - (v10-15-10) Page 10 of 11
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(MT=CDS-101108-0147); (ND=CDS-101108-0148); (NE=CDS-101108-0149); (NM=CDS-101108-0150); (OR=CDS-101108-0151);
(SD=CDS-101108-0152); (UT=CDS-101108-0153); (WA=CDS-101108-0154); (W=CDS-101108-0155)
.
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATIACHMENT 1. DEFINITIONS
"Miscellaneous Charges" mean charges that Qwest may assess in addition
.rring and nonrecurring rates set forth in the Rate Sheet, for activities
requests Qwest to perform, activities CLEC authorizes, or charges
th are a result of CLEC's actions, such as cancellation charges
~dditional .Iabor and, mainten~nce. Miscellaneous Charges are not alreadÝ
included in Qwests recumng or nonrecurring rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Netwrk Element" is a facilty or equipment u~ed in the provision of
Telecommunications Service or an information service or both. It also
includes features, functons, and capabilties that are provided by means of
such facilty or equipment, including subscriber numbers databases
signaling systems, and information suffcient for Biling and' collection o~
used in the transmission, routing, or other provision of a
Telecommunications Service or an information service or both, as is more
fully descrbed in this Agreement.
"O~erational Support Systems" or "OSS" mean pre-rdering, Provisioning,
maintenance, repair and billng systems.
"Order Form" means servce order request forms issued by Qwest, as
amended from time to time.
"Person" is a general term meaning an individual or association
corporation, firm, joint-stock company, organization, partnership, trst o~
any other form or kind of entity.
"Port" means a line or trunk connection point, including a line card and
associated peripheral equipment, on a Centrl Offce Switch but does not
include Switch features. The Port serves as the hardware termination for
nne or Trunk Side facilities connected to the Central Offce Switch. Each
Line Side Port is typically associated with one or more telephone numbers
that serve as the Customer's netwrk address.
eises" refers to Qwesfs Central Offces and Serving Wire Centers; allbuildings or similar structures owned, leased, or otherwse controlled by
Qwest that house its netwrk facilties; all structures that house Qwest
facilties on public rights-of-way, including but not limited to vaults
containing Loop concentrators or similar structures; and all land owned,
leased, or otherwse controlled by Qwest that is adjacent to these Central
Offces, Wire Centers, buildings and structures.
"Proof of Authorization" or ~POA" shall consist of verification of the End
User Customer's selecton. and authorization adequate to document the
End User Customer's selection of its local service. provider and may take
the form of a third part verification format.
"Provisioning" involves the exchange of information between
Telecommunications Carrers 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 ra~io, provided by any Common Carrer inCluding LECs,
IXCs and CMRS providers that use the North American Numbering Plan in
connection with the provision of switched services.
"Serving Wire Center" denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a particular
Customer Premises.
Access Tandem Switches), and betWen Tandem Switches within the
Local Callng Area, as described more fully in this Agreement.
"Switch" means a switching device employed by a Carrier within the Public
Switched Netwrk. Switch includes but is not limited to End Offce
Switches, Tandem Switches, Accs Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed asa
combination of End Offcerrandem Switches.
"Switched Access Traffc," as specifically defined in Qwesfs interstate
Switched Accss Tariff, is trffc that originates at one of the Parts 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 Part's End User
Customers, whether or not the traffc transits the other Part's netwrk.
''Tariff as used throughout this Agreement refers to Qwest interstate
Tariff and state Tariff, price lists, and price schedules.
"Telecommunications Carrer" means any provider of Telecmmunications
Services, except that such term does not include. aggreators of
Telecommunications Services (as defined in Section 226 of the Act). A
Telecommunications Carrer 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 Services" means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilties used.
''Telephone Exchange Service" means a Service within a telephone
exchange, or within a connected system of telephone exchanges within the
same exchange area operated to furnish 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 Serice provided through a system of Switches, trnsmission
equipment or other facilities (or combinations. thereof) by which a
subscrber can originate and terminate a Telecommunications Service.
"Trunk Side" refers to Switch connections that have been programmed to
treat the circuit as connected to another switching entity.
'Wire Center" denotes a building or space within a building that serves as
an aggregation point on a given Carrier's netwrk, where transmission
facilties are connected or switched. Wire Center Can also denote a
building where one or more Central Offces, used for the provision of basic
exchange Telecommunications Services and accs Services, 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 facilties
shared by more than one Carrier, including Qwest, betwen End Offce
I'tches, betwen End Offce SwitChes and Tandem Switches (local anduary 5, 2011/mmslComtel dba ExcelQwest QLSpTM MSA - (v10-15-10) Page 11 of 11
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(MT=CDS-101108-0147); (ND=CDS-101108-014S); (NE=CDS-10110S-0149); (NM=CDS-10110S-0150); (OR=CDS-101108-0151);
(SD=CDS-1011 OS-0152); (UT=CDS-10110S-0153); (WA=CDS-10110S-0154); (W=CDS-10110S-0155)
1.0.
1.1
.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
Qwest will provide Qwest Local Servce PlatformCi
("QLSPC) 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 incorprated into and made a part of the Agreement
(this "Attchment". Except as otherwse set forth in this
Attchment, capitalized terms used but not otherwse
defined herein have the definitions assigned to them in the
Agreement. CLEC may use QLSP Services to provide any
Telecommunications Serice, information services (or both)
that CLEC chooses to offer to the extent that such services
are granted herein or not limited hereby.
1.2.1 Pursuant to the order issued by the FCC
pertining to the availabilty of Unbundled Netwrk Element
("UNE") Loops under Section 251(c)(3) of the Act in itsRepor and Order-Petition of Qwest Corpation for
Forbearance Pursuant to 47 U.S.c. § 160(c) in the Omaha
Metropolitan Statistical Ara, FCC 05-170, WC Docet No.
04-223, (effectve September 16, 2005), Qwst will provide
to CLEC the Loop element of QLSP Services purchased in
the following nine Omaha Nebraska Wire Centers under the
terms and conditions of the Agreement and this Attchment
at Rates provide in the Rate Sheet: Omaha Douglas;
Omaha Izard Street; Omaha 90th Street; Omaha Fort Street;
Omaha Fowler Street; Omaha 0 Street; Omaha 7Sth 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.
General QLSP Service Description.
1.1.1 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Advanc
Intellgent Netwrk ("AIN") Services, e.g., remote accs
forwrding, and Qwest Voice Messaging Services ("VMS")
may also be purchased with compatible QLSP Services.
These Netwrk Elements will be provided in compliance,with
all Telcodia and other industr standards and technical and
performance specifications to allow CLEC to combine the
OLSP Servces with a compatible voicemail product and
stutter dial tone. Qwest will provide accss to 911
emergency service and directory listings in accrdance with
the terms and conditions of CLEC's interconnection
agreements ("I CAs"), 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 Iist1ngs, 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 splitting) being provided in accordance with the rates,
terms and conditions of the CLEC's i CAs. CLEC may also
purchase Qwest Commercial High Speed Intemet (HSI)
Service (also known as Qwest Digital Subscriber LineC
(DSL)), under a separate Services agreement, to be used
with compatible OLSP 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 collectvely the Line Side and TrunkSide facilties in the local serving Qwst end offce Switch
which provides the basic switching function, the port, plus
the features, functions, and capabilties of the switch
including all compatible, available, and loaded vertical
features (e.g., anonymous call rejection) that are loaded in
that switch. Vertcal features are softre attbutes on end
offce Switches and are listed on the Qwst wholesale
website. Owest signaling is provided with Local Switching
solely as described in Section 1.4.2 of this Attchment. The
following Local Switching port are available with QLSP
Service: Analog Line Port, Digital Line Ports Supportng
Basic Rate InterfaceIntegrated Services Digital Netwrk
("BRI ISDN"), and Analog Trunk Ports.
1.3.1 Analo Line Port. Line Port attributes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detecton; audible and power ringing;
Automatic Message Accunting (AMA Recording); and
blocking options.
1.1.2 QLSP Service is available in six different service
arrangements, each of which is described more fully below:
QLSP Residential; QLSP Business; OLSP Centrex
(including Centrex 21, Centrex Plus and, in Minnesota only,Centron); OLSP 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 SRI ISDN. BRI ISDN
is a digital architecture that provides integrated voice and
data capabilty (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 capabilties. The serving arrngement conforms to
the intematlonally developed, published, and recgnized
standards generated by Intemational Telegraph and
Telephone Union (formerly CCITT).
1.1.3 Nothing in this Attachment or the Agreement
precludes Owest from withdrawing availabilty of
comparable, functionally equivalent services from its retail
end user customers. In the event of such withdrawal or
discontinuation, Qwest may also withdraw availability of the
equivalent QLSP Service.
1.2 Combination of QLSP Service with Loops. Except as
described below, the Loop will be provided by Qwest under
the applicable ICAs in effect betwen Owest 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 connection
inherently includes hunting within the trnk group.
1.3.3 Analog Trunk Port. DSO analog trnk Ports can be
configured as DID, DOD, and tw-way.
Aovember 15, 2010/mms/Comtel dba Excel
~ttachment 2 - QLSpC - (vS-20-10)
(AZ=CDS-10110S-0142); (CO=CDS-10110S-0143); (IA=CDS-10110S-0144); (ID=CDS-101108-0145); (MN=CDS-10110S-0146);
(MT=CDS-10110S-0147); (ND=CDS-101108-014S); (NE=CDS-10110S-0149); (NM=CDS-10110S-0150); (OR=CDS-101108-151);
(SD=CDS.101108-0152); (UT=CDS-101108-0153); (WA=CDS-10110S-0154); (w=CDS-101108-0155)
1
QWEST LOCAL SERVICES PLATFORMQi AGREEMENT
ATTACHMENT 2-QLSPQi Service Description
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Ofce. For 2-Wire service, the trnks are
converted at the End User Customets location.
record; and calling card,. biled to third number, and collect
call information used in processing Alternately Bile
Service (ABS).
1.3.3.3. Two-way analog DID trnks are capable of
initiating out going calls, and may be equipped with
either rotary or touch-tone (DTMF) for this purpose.
When the trunk is equipped with DID call transfer
feature, both the trunk and telephone instruments
must be equipped with DTMF.
1.3.3.4 Two-way analog DID trunks require E&M
signaling. Qwest will use Type i and II E&M
signaling to provide these trunks to the PBX. Type II
E&M signaling from Qwest. to the PBX will be
handled as a special assembly request on an
Individual Case Basis.
1.4.5 The ICNAM database is used with certin end
offce Switch features to provide the callng part's name to
CLEC's End User Customer with the applicable feature
capabilty. The ICNAM database contains current listed
name data by working telephone number served or
administered by Qwest. including listed name data provided
by other Telecommunications Carriers participating in
Qwests callng name delivery service arrngement. '
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 descrbed within this
Attchment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the OLSP Rate Sheet.
1.4.7 For CLEC's QLSP End User Customers, Qwest
will load and update CLEC's OLSP End User Customers'
name information into the L1DB and ICNAM databases frm
CLEC's completed service orders. CLEC is responsible for
the accuracy of its End User Customers' information.1.4 Vertical Features and Ancilary Functions and Services.
1.4.1 OLSP Service includes nondiscrminatory accss to
all vertical features that are loaded in the Local serving
Owest end offce switch.
1.4.8 Owest will exercise reasonable efforts to provide
accrate and complete L1DB and ICNAM information. The
information is provided on an as-is basis with all faults.
Owest does not warrant or guarantee the correctess or the
completeness of such information; however, Qwest will
access the same database for CLEC's OLSP End User
Customers as Owest accsses for its own End User
Customers. Owest will not be liable for system outage or
inaccessibilty or for losses arising from the authorized use.
the data by CLEC.
1.4.2 Local Switching includes use of Qwests signaling
netwrk (ISUP call set-up) solely for Local Traffc. "Local
Traffc" and "Local Calls" means calls that originate and
terminate within the Local Calling Area as defined in the
Owest tariff. Qwest will provide service contrl points in the
same manner, and via the same signaling links, as Qwst
uses such service control points and signaling links to
provide service to its End User Customers served by that
switch. Qwests call related databases include the Line
Information Database (L1DB), Internetwrk Callng Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portbilty Database. CLEC
will not have access to Owests AIN-based services that
qualify for proprietary treatment, except as expressly
provided for in the Agreement or this Attchment. Local
Switching does not include use of Qwests signaling netwrk
for Toll Traffc. "Toll Traffc" and "Toll Calls" means intra local
accss and transport 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 Owest will not charge CLEC for the storage of
CLEC's OLSP End User Customer' information in the L1DB
or ICNAM databases.
1.5 Shared Transport and Toll.
1.4.4 The L1DB database contains the following data:
various telephone line numbers and specal billng 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 Billng
1.5.1 Shared Transport. The Shared Transport
Netwrk Element ("Shared Transport") provides the
collective interoffce transmission facilities shared by various
Carrers (including Owest) 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 Owest switches to carr
the End User Customets originating and terminating
local/extended area service interoffce Local trffc on the
Qwest interoffce message trunk netwrk. CLEC traffc Will
be carred on the same transmission facilties between end-
offce switches, between end-offce switches and tandem
switches and between tandem switches on the same
netwrk facilities that Owest uses for its own traffc. Shared
Transport does not include use of tandem switches or
transport betwen tandem switches and end-offce switches
for Local Calls that originate from end users served by non-
Owest Telecommunications Carriers ("Carrier(s)" which
terminate to QLSP End Users.
1.4.3 ICNAM and L1DB. CLEC will have non-
discriminatory accss to Qwests L1DB database and ICNAM
database as part of the delivery of OLSP Service.
November 15, 2010/mms/Comtel dba Excel
Attchment 2 - OLSPlI - (v8-20-10)
(AZ=CDS-101108-0142); (CO=CDS-101108-0143); (IA=CDS-101108-0144); (ID=CDS-101108-0145); (MN=CDS-101108-0146);
(MT=CDS.101108-0147); (ND=CDS-101108-0148); (NE=CDS-101108-0149); (NM=CDS-101108-0150); (OR=CDS-101108-0151);
(SD=CDS-101108-0152); (UT=CDS-101108-0153); (WA=CDS-1011 08-0154); (W=CDS.101108-0155)
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 Qwst end-offce switches and
accss tandems. Use of accss tandem switches a:e n.
QWEST LOCAL SERVICES PLATFORMqi AGREEMENT
ATTACHMENT 2-QLSPqi Service Description
1.5.3 IntraLATA and InterLATA Carrier Designation.
QLSP includes the capability for selection of the interTA
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 Servces. 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 Qwest LPIC 5123
service to CLEC's End User Customers for intraLATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwest LPIC 5123 to CLEC's End User
Customers, Qwest will bil CLEC and CLEC will pay Qwest
the rates contained or referenced in the attched Rate
Sheet.
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.
.included in the Agreement or this Attchment and access
tandem charges, if any, may be biled by Qwest to the IXC(s)
under the applicable access tariff.
1.6.5 QLSP PBX is available to CLEC for CLEC's
business End User Customers.
1.6.5.1 PBX analog non-DID trnks 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 trnks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 2 wire
voice grade Loop provided in accordance with CLEC's
I CAs, except for those Loops that are otherwse
provided for in the Agreement.
1.5.5 Usage. Shared Transport is biled on a MOU
basis as described within this Attachment. Rates for
"Shared Transport Usage" or "Shared Transport MOUs" are
provided in the QLSP Rate Sheet.
1.6.5.3 PBX with analog 2- way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 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 QLSP Service Arrangement Descriptions.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Service
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
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 Agreement with an analog - 2 wire voice grade Loop
provided in accrdance with CLEC's ICAs, except as
otherwse provided for in the Agreement. QLSP Residential
may be ordered and provisioned only for residential End
User Customer application. The definition of residential
service is the same as in Qwests retail tariff as applied to
Owests End User Customers.
.1.6.1 QLSP Business is available to CLECfor 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.
1.6.2.1 CLEC may request a conversion from Centrex
21, Centrex-Plus or Centron service to QLSP Busines or
QLSP Residential. The Conversion NRC(s) provided in
the Rate Sheet will apply.
1.6.6.1 In order for CLEC to receive OLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must identify
residential end users by working telephone number
(WTN) utilzing the LSR process as descrbed in the
Qwest wholesale website.
2.0 Additional Terms and Conditions and Service Features.
2.1 Qwest does not warrant the availabilty of facilties at any
serving wire center. QLSP Services will not be available if
facilties are not available. Qwest represents and warrants
that it will not otherwse restrct facilties eligible to provide
QLSP Service and that any and all facilties that would
otherwse be available for retail servce to a Qwest End User
Customer will be considered eligible for use by CLEC for
QLSP Service to serve that same End User Customer.
1.6.2.2 Qwest will provide accss to Customer
Management System (CMS) with OLSP-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 Digita Line
Side Port (supportng BRI ISDN), and Shared Transport
provided 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.
2.2 Loop Start ("LPS") to Ground Start ("GST") and GST to
LST Changes ("LPS/GST Change") are available with
QLSP Services. POTS Services (e.g., a QLSP Centrex 21
line) can functionally and operationally be provisioned as
either LPS or GST. Unless specifically requested otherwse,
Qwest provisions POTS Service as LPS. GST is generally1.6.4 QLSP PAL is available to CLEC for only CLEC's
.. Payphone Service Providers (PSPs) and is the combination
ovember 15, 2010/mmslComtei dba Excel
ttachment 2 - QLSPCI. (v8-20-10)
(AZ=CDS-101108-0142); (CO=CDS.101108-0143); (IA=CDS-101108-0144); (ID=CDS-101108.0145); (MN=CDS-101108-0146);
(MT=CDS-101108-0147); (ND=CDS-101108.0148); (NE=CDS-101108-0149); (NM=CDS-101108-0150); (OR=CDS-101108-0151);
(SD=CDS-101108-0152); (UT=CDS-101108.0153); (WA=CDS-101108-0154); (W=CDS-101108-0155)
3
QWEST LOCAL SERVICES PLATFORM(\ AGREEMENT
ATTACHMENT 2-QLSP(\ Service Description
provisioned for Private Branch Exchange ("PBX') type
services. LPS/GST Changes allow the CLEC to request a
facilty served by LPS to be changed to GST or vice versa.
Additional infrmation and ordering requirements are
detailed on the Qwest Wholesale website.
2.3
2.2.1 The Subsequent Order Charge provided in the
OLSP Rate Sheet and the Qwest retail Tariff nonrecurring
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, will be added to service orders
requesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwest will provide to CLEC
certain originating and terminating call records ("usage
information") generated by CLEC's QLSP end user via a
DUF.
2.7 If Qwest develops and deploys new local switch features for
its End User Customers, those switch features will .
available with QLSP Service in the same areas and subj
to the same limitations. The rates that Owest charges for
such new local switch features will not in any case be higher
than the retail rate Qwest charges for such features.
2.3.1 Owest will provide to CLEC Local Call usage
information within Qwsts 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 Owest uses to bil its own End
User Customers.
2.3.2 Qwest will provide to CLEC usage information
necessary for CLEC to bil for interLATA and intra LATA
exchange access to the IXC (excluding intra LATA usage
information if Qwest LPIC 5123 is seleced as the intr LATA
Toll provider) in the form of either. the actual usage or a
negotiated or approved surrgate for this information, as
such billng is described and allowed under section 3.7 of
this Attchment. These exchange accss records will be
provided as Category 11 EMI records via the DUF.
2.3.3 Qwest will provide DUF records for the following:
all usage occurrences bilable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrpt (BLI);
originating local usage; usage sensitive CLASS features;
and Qwest-provided intraLATA toll.
2.3.4 Local Call usage records will be provided as
Category 01 or Category 10 EMI records via the DUF.
Terminating Local Call usage records are not collected or
available and will not be provided.
2.4 Feature and interLATA or intraLATA PiC changes or
additions for QLSP, will be processed concurrently with theQLSP order as specified by CLEC. .
2.8 Nothing in the Agreement alters or affects CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
2.5 Accss to 911/E911 emergency Services for CLEC's End
User Customers will be available in accordance with CLEC's
ICAs. If Qwest is no longer obligated to provide access to
911/E911 emergency services in accrdance with 47 U.S.C.
§251 , Qwest will then provide such services under the
Agreement with respect to all CLEC OLSP Service End User
Customers and new QLSP Service End User Customers, to
the same degree and extent that 911/E911 emergency
services were provided by Qwest prior to the elimination of
911/E911 emergency services as an obligation under 47
U.S.C. §251.
2.9 Qwest Operator Services and Directory Assistance Service
are provided under the terms and conditions of CLEC's
ICAs.
2.6 Owest AIN and VMS are offered on a commercial basis and
may be purchased with QLSP at the rates set forth in the
attached Rate Sheet. Retail promotions may not be
combined with OLSP.
3.0 Rates and Charges.
3.1 The recurring ("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 attched QLSP Rate Sheets. Rates for
QLSP Services are in addition to the applicable rates for
elements and Services provided under CLEC's I CAs.
Applicable intercarrer compensation rates and charges
(such as accs charges, reciprocal compensation, and
other charges for elements and services) are applicable and
are provided under a separate Agreement or Tariff.
3.2 QLSP rates Effective Date through Term. Startng on the
Effective Date of the Agreement, rates for the Service will be
those provided or referenced in the. attched Rate Sheet.
The MRCs for the switch port will be adjusted annually,
effective January 1 of each year through. the term of the
Agreement. CLEC is eligible for and will receive discoult
on the Basic Plan switch port MRCs if it meets the volu
plans described below. Discounts are not cumulative an
Qwest 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 the
number of CLEe's OLSP total lines as of October 31 of
each year equals or exces 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.
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 OLSP 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, Owest will include all
OLSP lines, if any, from the previous year. For example, to
determine 2011 QLSP rates, Qwest will use the total n~mb.
November 15, 2010/mmslComtel dba Excel
Attachment 2 - QLSP(ß- (v8-20-10)
(AZ=CDS-101108-0142); (CO=CDS-101108-0143); (IA=CDS-1011 08-0144); (ID=CDS-101108.0145); (MN=CDS-101108-0146);
(MT=CDS-101108-0147); (ND=CDS-101108-0148); (NE=CDS-101108-0149); (NM=CDS-1011 08-0150); (OR=CDS-101108-0151);
(SD=CDS-101108-0152); (UT=CDS-101108-0153);. (WA=CDS-101108-0154); (WY=CDS-101108-0155)
.
3.4
.7
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
of CLEC's QLSP lines as of October 31, 2009 compared to
CLEC's total number of QLSP lines as of October 31,2010
in order to calculate CLEC's discount eligibilty on January 4,
2011. Each subsequent adjustment will be effective on each
January 1 during the term of the Agreement.
Except as otherwse provided herein, the Loop element
combined with a QLSP Service will be provided in
accordance with CLEC's ICAs with Qwest at the rates set
fort in those ICAs.
including but not limited to .flat. rate transport charges, in
accrdance with the applicable Tariff
3.8 Local Switching Usage and Shared Transport Minute of
Use (MOU) This secon describes the use of the Qwest
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 described in Secton
1.4.2 of this Attchment.
3.4.1 Loops provided under the Agreement. Upon
. thirt (30) Days notice via the standard commercial
notification proces, Owest may change monthly recurrng
charges for the Omaha, Nebraska Loop elements provided
under the Agreement. Additionally, notwthstanding the
rates reflected in the Nebraska QLSP Rate Sheet, the
Parties understand and agree that Owest has the right to
adjust commercial port rates in Nebraska after the Nebraska
PSC issues a final order related to Application No.
C-3554/PI.112 and CLEC's continued use of any Services in
Nebraska constitutes its accptance of such updated rates.
3.8.1 Originating IntraOfce Local Calls - This
originating Local Call requires switching by the locl servng
Qwest end offce Switch only. When this call type is
originated by a QLSP End User, Locl Switch Usage
charges provided in the QLSP Rate Sheet will apply. For
these call types tht also terminate to an end user served by
a Carrer, Qwest may pay that Carrier certin terminating ,
compensation charges under terms and conditions of a
separate ICA.
3.5 CLEC will be responsible for biling its OLSP 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 caii 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 perMOU and Shared Transport per
MOU charges provided in the Rate Sheet will apply. For
these call tyes that also terminate to an end user served by
a non.Qwest Carrier, Qwest may pay that carrier certin
terminating compensation charges under terms and
conditions of a separate ICA
3.6 CLEC will pay Qwest the pic change charge associated with
CLECEnd User Customer changes of interLATA or
intraLATA Carriers. Any change in CLEC's End User
Customers' interLATA or intraLATA Carrer must be
requested by CLEC on behalf of its End User Customer.
Intercarrier Compensation. Except as specifically
described in this Secton, the Agreement does not change or
amend applicable intercarrer compensation arrangements
(including but not limited to Switched Access, Signaling, orTransit charges) between any parties, including betwen
Qwest and Carriers or IXCs.
3.8.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local servng Qwest end offce.
If the QLSP End User's selected IXC does not have direct
trunking to the local servng Qwest end offce, Shared
Transport is required to deliver that call to the Accss
Tandem for delivery to the IXC. When this call type is
originated by a QLSP end user, Local Switch Usage
provided in the QLSP Rate Sheet applies. Additionally, if
Shared Transport is necessary to deliver the call to the
Accss Tandem, Shared Transport Usage charges provided
in the OLSP Rate Sheet will apply. For these call types that
require Shared Transport, Qwest retains its rights to bil the
IXC for Tandem elements under the Tariff;
3.7.1 Switched Access. For QLSP End User
Customer(s), Qwest will not charge to or collect from the IXC
usage based end offce and loop Switched Accs charges
(such as Switched Accs Local Switching, End Offce
Shared Port, Tandem Transmission and Carrer Common
Line) for InterLATA or IntraLATA Toll Calls originating or
terminating from that QLSP End User Customer's line to an
IXC.
3.8.4 Terminating IntraOfce and InterOce Local
Calls. This terinating Locl Call requires switching by the
local serving Qwest end offce and in certain instances other
interoffce switching within the Local Callng 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 Carrer, Qwest retains its rights to bil that
Carrer certain Transit charges as described in Section 3.7
above.
3.7.2 Signaling. Qwst 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 intr LATA
Toll calls originated by or terminated to a QLSP End User
under the applicable Tariff.
3.7.3 Transit. For any call originated by an end user
served by a Carrier that routes through Qwests netwrk and
which terminates to a QLSP End User, Qwest retains its
rights to bil the originating Carrier Transit charges for that
call under the originating Carrier's Agreement.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
Call always requires switching by the local serving Qwest
end offce. If the originating caller's IXC does not have direct
trunking to the QLSP end user's local serving Qwst end
offce switch, Shared Transport is required to terminate the
call to the receiving QLSP end user. . When this call type is
terinated to a QLSP end user, Local Switch Usage
charges provided in the Rate Sheet will apply. Additionally,
if Shared Transport is necessary to deliver the call to the
OLSP end user from the accs tandem, Shared Transport
3.7.4 Other. Qwest retains its rights to billXCs or other
Carriers, as applicable, any and all other accss charges
.. and assessments not expressly addressed in this section,
ovember 15, 2010/mmslComtei dba Excel
Attchment 2 - OLSP(8- (v8.20-10)
(AZ=CDS-101108.0142); (CO=CDS-1011080143); (IA=CDS-101108-0144); (ID=CDS-101108-0145); (MN=CDS-101108-0146);
(MT=CDS-101108-0147); (ND=CDS-101108-0148); (NE=CDS-101108-0149); (NM=CDS-101108-0150); (OR=CDS-101108-0151);
(SD=CDS-101108-0152); (UT=CDS-101108-0153); (WA=CDS-1011 08-0154); (W=CDS-101108-0155)
5
3.9
3.10
3.11
4.0
4.1
4.2
4.3
4.4
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, Qwt retains
its rights to bill the IXC for Tandem elements under the
Tariff.
3.S.6 Originating Toll Calls when QC is the
IntraLATA Toll provider. See Section 1.5.4 above.
Qwst will have a reasonable amount of time to implement
system or other changes necessary to bil CLEC for rates or
charges associated with OLSP Services
QLSP Services have a one-month minimum service perod
requirement for each CLEC End User Customer. The one-
month minimum service period is the period of time that
CLEC is required to pay 100% of the MRC for the Service
even if CLEC does not retain Service for the entire month.
QLSP Servces are biled month to month and will after the
one month minimum service period is satisfied be pro-rated
for partial 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 features, and other
similar requests.
Systems and Intenaces.
Owest and CLEC will support the use of current OSS
interfaces and OSS business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time.
OLSP Services are ordered utilzing the LSR process as
described in the Owest 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 forth in
the Agreement.
When Owest or another provider of choice, at the End User
Customets request, orders the discontinuance of the End
User Customets existing service with CLEC, Qwest will
render its closing bil . to CLEC effective as of the
disconnection. Owest will notify CLEC by FAX, OSS
interfce, or other agreed upon processes when an End
User Customer moves to Owest or another service provider.
Owest will not provide CLEC or Owest retail personnel with
the name of the other servce provider selected by the End
User Customer.
4.5 The Parties will provide each other with points of contact for
order entry, problem resolution, repair, and in the event
special attention is required on service request.
6.0
6.1
bil its End Users or other Carriers (including Owest), Qwest
will work with CLEe in good faith to deliver such infOrmati0e
Maintenance and Repair.
Owest will maintain facilties and equipment that comprise
the QLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Owest facilties or equipment, other than by
connection or disconnection to any interface between Qwest
and the End User Customer, without the wrtten consent of
Qwest.
5.0
6.2 Qwest will provide general repair and maintenance Service
on its facilties, including those facilties supporting QLSP
Services purchased by CLEC. Owest will repair and restore
any equipment or any other maintainable component that
adversely impacts CLEC's use of QLSP Service. Owest and
CLEC will cooperate with each other to implement
procedures and processes for handling serviceaffecng
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 Penonnance Measures and Reporting,
Penonnance 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
perfrm its obligations under the Agreement and all QLSP
Servces in a timely and effcient manner with dilgence and
care, consistent with the professional standards of practice
in the industry, and in conformance with Applicable Law.
The QLSP Service attributes and process enhancements a.
not subject to the Change Management Process ("CMP
CLEC proposed changes to QLSP Service attributes an
process 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 procedures.
7.1
7.2 Qwest will provide commercial performance measurements
and reporting against established perfrmance targets with
OLSP 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 of
Servce Cleared within 24 Hours; (e) Mean Time to Restore;
and (f)Trouble Rate.
7.3 Commercial measurement defnitions, methodologies,
performance targets and reporting requirements are set forth
in Attchment 3 to the Agreement. Owest 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.
7.4 CLEC will be entitled to service credits only for each
instance of a missed installation commitment and each
instance of an out of service condition that is not cleared
within 24 hOurs occurrng after January 4, 2011. All service
credits will be applied automatically by Qwest as credit
against CLEC's bil for the billng 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, 2011'6 A~
Owest 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. Billng information
will include a summary bil and individual End User
Customer sub-account information. If CLEC needs
additional or different biling information in order to properly
November 15, 2010/mms/Comtei dba Excel
Attchment 2 - QLSPCi - (vS-20-10)
(AZ=CDS.10110S-0142); (CO=CDS-10110S-0143); (IA=CDS-10110S-0144); (ID=CDS-10110S-Q145); (MN=CDS-10110S-0146);
(MT=CDS-10110S-0147); (ND=CDS-101108-0148); (NE=CDS-10110S-0149); (NM=CDS-101108-0150); (OR=CDS-1011 08-0151);
(SD=CDS-10110S-0152); (UT=CDS-10110S-0153); (WA=CDS-10110S-0154); (W=CDS-10110S-0155) .
~
.
8.0
.1
8.2
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
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 Owest, through its own
fault, fails to meet, Qwest will provide a service credit
equal to 100% of the nonrecurring charge for that
installation. Qwest will use the state installation
nonrecurring charge contained in the Agreement for
that order type in calculating the credit. The definition
of a "missed installation commitmenl and the
associated exclusions are described in Attchment 3 to
the Agreement.
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Qwest, through its
own fault, fails to resolve within 24 hours, Qwest will
provide a service credit equal to one day's recurrng
charge (monthly recurrng charge divided by 30) for
each day out of service beyond the first 24 hours. (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEC will be entitled to a credit equal to the
monthly recurring 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).
Service Performance Measures and Reporting and
Performance Asurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selected by CLEC as indicated
on the Signature Page to the Agreement).
If selected by CLEC under the terms and conditions of the
Agreement and this Attachment, Owest will, in Washington
only, provide performance measurements, reporting, and
remedies compliant with the Washington Performance
Indicator Definitions ("PIDs") and the Qwest Washington
Performance Assurance Plan ("PAP") for the Services, if
eligible, provided under the Agreement and this Attachment.
Only in the state of' Washington, and only if expressly
selected by CLEC under the terms and conditions of the
Agreement and this Attchment, does this PID and PAP
replace, in their entirety, the Commercial Performance
Measures and Reporting, Performance Targets and Servce
Credits terms and conditions for Services provided under the
Agreement and this Attachment outlined in Section 7.0 of
this Attachment.
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 furter amendment to this Attchment.
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 resoive any dispute, claim or
controversy arising out of, or relating to, the PIC and/or PAP
under the dispute resolution proces described in the PAP.
8.3 To select the Service Performance Measures and Reporting
and Performance Assurance Plan (PIDIPAP) option, CLEC
must be a certfied CLEC under applicable state rules and
have elected the PID and PAP under its Washington
interconnection agreement with Qwest.
.ovember 15, 2010/mmslComtei dba Excel
Attchment 2 - QLSP(i - (v8-20-10)
(AZ=CDS-1011 08-0142); (CO=CDS-101108-0143); (IA=CDS-101108-0144); (ID=CDS.101108-0145); (MN=CDS-101108-0146);
(MT=CDS-101108-0147); (ND=CDS-101108-0148); (NE=CDS-101108-0149); (NM=CDS-101108-0150); (OR=CDS-101108-0151);
(SD=CDS-101108-0152); (UT=CDS-1011 08-0153); (WA=CDS-101108-0154); (W=CDS-101108-0155)
7
e., .
.
.
ATTACHMENT 3
Performance Targets for Owest OLSp™ Service
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ 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
soecified intervals.
Description:
Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the
intervals specified under "Performance Targets" below for FOC notifications.
· Includes all LSRs that are submitted through IMA-GUI and IMA-EDI interfaces that receive an FOC
during the reporting period, subject to exclusions specified below. (Acknowledgments sent
separately from an FOC (e.g., EDI 997 transactions are not included.)
· For FOC-1A, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwests response with a FOC notification (notification date and time).
· For FOC-1 B, the interval measured is the period between the application date and time, as defined
herein, and Qwests response with a FOC notification (notification date and time).
· "Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC.
· "Electronic/manual" LSRs are received eleconically via IMA-GUI or IMA-EDI and involve manual
processing.
· LSRs wil be evaluated according to the FOC interval categories shown in the "Performance
Targets" section below, based on the number of lines requested on the LSR or, where multiple
LSRs from the same CLEC are related, based on the combined number of lines requested on the
related LSRs.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . FOC-1A: FOCs provided for fully electronic LSRs received via IMA-
GUI or IMA-EDI
FOC-1 B: FOCs provided for electronic/manual LSRs received via
IMA-GUI or IMA-EDI
.
.
Formula:
FOC-1A = HCount 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 = HCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (Application
Date & Time)" is within the intervals specified for the service category involved) + (Total
Number of original FOC Notifications transmitted for the service category in the reporting
oeriodH x 100
.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM 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 capability to
disallow duplicate LSR #'s.).Invalid startstoD dates/times.
Product Reporting:Performance Taraet:
FOC-1A 95% within 20 minutes
QLSP-POTS
FOC-1B 95% within standard FOC
intervals (specified 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 will be measured
beginning the first full month of
QLSP service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
oroduct tVDe are considered ICB.
ATTACHMENT 3 - Performance Targets for Qwst QLSpTM Service
Page 3
ICM.1 . Installation Commitments Met
Purpose:
Evaluates the extent to which Qwest installs services for Customers by the scheduled. due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
. All inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all Corders
representing inward activity (with "I. and "T" action coded line USOCs). Also included are orders with
customer-requested due dates longer than the standard intervaL.
· Completion date on or before the Applicable Due Date recorded by Qwest is counted as a met
due date. The Applicable Due Date is the original due date or, if changed or delayed by the
customer, the most recently revised due date, subject to the following: If Qwest changes a due
date for Qwest reasons, the. Applicable Due Date is the customer-initiated due date, if any, that
is (a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if
any.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
ICM-1C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) + (Total Orders
Completed in the Reporting Period)) x 100 .
Exclusions:
· Disconnect, From (another form of disconnect) and Record order types.
. Due dates missed for standard categories of customer and non-Qwest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving 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.
.
ATIACHMENT 3 - Perfrmance Targets for Qwest QLSpTM Service
Page 4
.
.
.
Product Reporting Penormance Target:
MSA-TvDe:-c
QLSP-POTS QLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
Availabilty:Notes:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporti ng).
ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 5
011.1 . Order Installation Interval
Purpose:
Evaluates the timeliness of Owests 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
Owest 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 the original due date or, if changed or delayed by the CLEC, 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 CLEC-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 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
Owest-initiated due date, if anr, 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" will be reported according to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSA); and
01l-1B No dispatches.
· Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
011-1 C Interval Zone 1 and Interval Zone 2 areas.
.
.
Formula:
1:((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 projects.
.
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 6
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.
.
Penormance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
Re orted As:
Avera e business da s
6 Days
3.5 Days
Availabilty:
Performance will be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
Notes:
1. According to this definition, the Applicable Due Date can
change, per successive CLEC-initiated due date changes or
delays, up to the point when a Qwest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(i.e., 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.
ATTACHMENT 3 - Perfrmance Targets for Qwest QLSp™ Servce
Page 7
00524.1 . Out of Service Cleared within 24 Hours
Purpose:
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 specifed services (Le., 24 hours
for out-of-service conditions). .
Description:
Measures the percentage of out of service trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified
service that is out-of-service (Le., unable to place or receive calls), subject to exclusionsspecified 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 productservices listed in Product Reporting under "MSA Type
Disaggregation" will be reported accrding to orders involving:
00S24-1A Dispatches (Includes within MSA and outside MSA); and
00S24-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
00S24-1 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 (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test
o K (TOK), Carrier Action (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 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 Reportina:Penormance Taraets:
MSA-T\tDe -.OLSP POTS Dispatch and Non-Dispatch 190%
i
Zone-Tvoe-
Availabilty:Notes:
Performance will
be measured
beginning the first
full month of OLSP
service (for the
following month's
reporting).
.
ATTACHMENT 3 - Performance Targets for Qwst QLSp™ Service
Page 9
MTTR.1 . Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusing how long it takes to restore services to proper ooeration.
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 date 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 producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
MTTR-1A Dispatches (Includes within MSA and outside MSA); and
MTTR-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
MTTR-1 C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
:L((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-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0
K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type 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 missinQ data essential to the calculation of the measurement oer the measure definition.
.
ATIACHMENT 3 - Performance Targets for Owest OLSp™ Service
Page 10
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.
Product Reporting:Penormance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone.TvDe-.
Availabilty:Notes:
Performance wil be measured beginning in the
first full month of QLSP sel'ice (for the following
month's reporting).
.
ATTACHMENT 3 - Performance Targets for Owest 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 servic 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 specified
below.
. Includes all applicable trouble reports, including those that are out of service and those that areonly 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 MTAS 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 coes 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 Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type".
. For products measured from MT AS data (products listed for MSA-type, trouble reports involving a
"no access" delay.)
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving 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.
.
ATTACHMENT 3 - Performance Targets for Owest QLSpTM Service
Page 12
I'
#
.
.
.
Product Reporting:Peñormance 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 - Performance Targets for Qwest QLSp™ Servce
Page 13
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Qwest Local servces Platfrm™ (QLSpTM) Rate Page -Idaho
*Janua 4 2011 throu hTerm
109.8 Shared fransnort Purchasd As Part of QLSP'"
109.8.1 QLSP'" Residental Business and PAL In ID-S Per MOUI 0,0011100
109.8.2 QLSP'" Centrx ISDN BRI PAL In ID-N and PBX Analoa Truks Per Iinelnk UGUST SO.35
109.11 Local Swlchln" Purchased As Part of QLSP'"
109.11.1 Po... Basic Plan
109.11,1.1 Anal"" Port e.21
109.11.1,2 Residential end user creit LAWUR 3.07 1
109.11.1.3 Effectve QL!'P'" Residential Analoa Por 3.14 1
109.11.1.4 Dlnitl Port SunnorlnnBRllSDNl 17,40
109,11.1.5 PBX DID Port 7.30
109.11.2 IntetionallY Blank
109.11.3 Po"" II 90% YOY Volume Retenton Plan RfKuirement Are Met
109.11.3.1 Anal"" Por 5.59
109.11.3,2 Anal"" Port Residental and user credit LAWUR 2.51 1
109,11.3,3 Effectve "LSP'" Residential An21"" Port 3.0"1
109,11.3.4 Olital Port Sunnorl"" BRI ISDN 17.40
109,11.3.5 PBX DID Port 7.30
109.11.4 IntentionallY Blank .
109.11.5 Po.. 11115% YOYVolume Gro Plan Re"ulrements Ar Met
109.11.5,1 Anal"" Port 4.3~
109,11.5,2 Analnn Port Residental end user crit LAWUR 1,40 1
109,11.5,3 Effectve QLSP'" Residential Analoa Port 2,95 1
109.11.5.4 Dinital PortlS¡¡rInn BRI ISDN 17.40
109.11.5.5 PBX DID Port 7.30
109.11.Intentlonallv Blank
109.11.7 Local Swtch Usa"e
in9,11.7,1 QLSP'" Residential. Business. and PAL In 10- (Per MOU ~0.001343
109.11.7.2 QLSP'" centrex ISDN BRI PAL in ID-N 2nd PBX An21"" Trunks Per Lin..r runk'UGUFM ~1,13
109.11.8 Swtch Features 2
10911.8.1 Account Codes - ner S~tem AZPS 75.00
109.11.8.2 Attndant Access Line ner Station Line DZR 10.00
109.11.8.3 Audible ""ssane Waiti""MGN WfW 12,00
109,11.8.4 Authorizaon Codes - ner Svstem AFYPS 5,00
109.11.8.5 Automatc Line ETVPB 8.00
109.11.8.6 A' 'tomolic Route Selecton -mmon E"uioment. oer S""tem F5GPG "2200.00
109.11.8.7 "al Dron FIDONLY S5.00
109.11,8.8 Call Exclusion - Automatic NXB ISDN S5.0
109.11.8.9 Call Exclusion - Manual NA-FID $5.00
IDSNI
109,11.8,10 Call Foiw~rdinn BusvLine-lncomino Onlv 611B1X 5,00
109,11.8,11 Call Foiwardinn Don' Anower Incomina Onlv 69A 5.00
109.11.8.12 Call Foiwardinn BuS;Line I Don' Ansr Prnrammàbte Serice Establishment SEPFA 50.0
109.11,8.13 Call Foiwari!i"": Don't Answer I Call Foiwardina Busv Customer Prnrammable. oer Line FSW 10.00
109.11,8.14 Call Waitinn Indication - norTimino State WUT 25.00
109.11.8,15 Centx Common E"uinment HYE HYS 160.0
109,11.8,16 CLASS-CaIlTra"" PerOcc rrence NOUSOC 0.46
109,11.8.17 CLASS - Contnuous Redi I NSS 10.00
1 n9.11.8.18 CLASS - Last Call Return NSQ 10.00
109.11,8.19 CLASS - Priori'" Calli""NSK 10.00
109.11.8.20 CLASS - Selècte Call Foiwardina NCE 10.00
109.11.8,21 CLA!'S-SelectveCalI Raiecton FKQPN 10.00
109.11.8,22 Direc "tation Selection I Bu." Lamn Field nor Arrnnement BUD 8.00
109.11.8,23 Dired Call Pickun with Ba~e-in 6MD 5.00
109.11.8.24 Dired Call Pickun without Bame-n 69D 5.00
109.11.8.25 Distnctve RinnDlstncte Call Waltino RNN 5.00 .
109.11.R.' 6 EYnensive Route Warninn Tone ner SYStem AQWPS 90.00
109.11.8.27 Groun Intercom GCN 8.00
109.11.8,28 Hot Line. per Line HLN. HLA $8.00
109.11.8.29 Huntin; Mul¡¡n Hunt Queulna MH5 S5.00
109.11.8.3n H ntinn: Multi"".ition wi Anounceent in Queue MHW S5.oo
109.11.8.31 Huntn": Multnosition wi Music in Queue . .MOHPS 100.00
109.11.8,32 ISDN Short Hunt NHGPG.$10.00
NHGPN
1 09.11.8.3.~ Loudsnanker Pani"" nar Trunk Gmun PTQPG ICB
1011.11.8.34 Make Busv Arrn"ements ner Grouo A9AEX P89 "20.00
109.11.8.35 Make BuS; Arrannments ner Line MBl S10.00
109.11.8.36 Mess_a Cenlar norMain Sta 'on Line MFR S8.00
109,11.8.37 Messane Waitn" Visual M15 ICB
109,11.8.38 Music On Hold ""r S...em MHHPS S75.0
109.11,8.39 Privac" Release K7KPK s.~.00
109.11.8.40 Quen'Time QT1PK "".00
109.11.8.41 SMDR-P - Archived Data SR7CX "3nn.no
1 09.11.8,42 SMDR.P - Servce Establishment Charge. Initiallnstllali SEPSP.$165.00
SEPSR
109.11.8.43 Sta ion Camn.n Serv ner Main Station CPK S8.00
109.11.8.44 Time of Ds" Confrl for ARS rS""tem ATBPS S125.00
109.11.8.45 TIme ofDa" NC S Undat A4T "1.0
109,11.8.46 Time ofDa" Routnn ""rLlne ATB S1.0
1011,11.8.47 Trunk Vericatin frm Desinnat Station BVS "l00.no
1 09.11.8.48 UCD in Hunt Gro..r Line MHM S6.00
109.11,8.49 Premium Port Feature&- Additional Chame "2,08
109.11.8.49.1 CMS - ~""em Establishment- Initial Instllation MB5XX "1000.00
109.11.8.49.2 CMS - S""tem Estblishment Subseouent Installa'ln CPVO S500.00
109,11,8.49.3 CMS - priet Contl Caoabillv. aer SYSm PTGPS "150.00
in9,11.8.49.4 Conference Call'-Meet Me JPK S5,00
109.11.8.49.5 Conferenc Call - Preet M09PK S5,00
109.11.R.49.6 Conference Calli"" - Staon Dial t6-Wavl GVT $5.00
Owst Local Servce Platform TM Agrement QLSp™ Rate Sheet-Vl.2,3 04.11 ,08
Qwest Local Servces Platform™ (QLSpTM) Rate Page . Idaho
J 4 2011 th h T *
109.11.9 Oter I
109,11.9.1 Custom Number
109.11.9.1.1 Idaho Nor See Applicable Qw Retil 6
Tari, Catalog or Price List
less Discoun (which wil be.provided pursuant to tes
and conditions In CLEC's ICA).
109.11,9.1.2 IdahoSou See Applicable Qwes Retail 6
Tari, Catalog or Price List
less Discount (which wil be
provided pursuant to term
and conditions In CLEC's ICA).
109.11.9,2 PBX DID Comnlex Translatons Dlnlls Outnutsed Channe Sinnalinn $15.22.109,11.9,3 PBX DID Comolex Translations Slanalino Chanae $35.2
109,11.9,4 PBX DID Block Comoromise $25.5:
109.11.9.5 PBX DID Grouo of 20 Numbers $31.3£
109.11.9,6 PBX DID Reserve SMuential # Block $25,38
109,11.9,7 PBX DID Reserve Nonsenuential Telenhone Numbers $23.67
109.11.9,8 PBX DID Nonseuential Teleohone Numbers $33.1
109.11.10 Subseouent Order Charae NHCUU $12.17 4
109.11.11 Qwest Corooraton IQCllntrLATA Toll LPIC 5123
109,11.11,1 Idaho NorU See Applicable Qwest Retail 6
Tari, Catalog or Price List
less Discount (which will be
prvided pursuant to terms
and conditions In CLEC's ICA).....
109.11.11.2 Idaho Sout See Applicable Qwest Retil 6
Tari, Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions in CLEC's ICA).
109.20 Miscellaneous Charges 5
109.20.1 Deslan . Nort
109.20.1,1 Maintenance of Service
109.20,1.1.1 Basic
109,20.1.1.1.1 First Incrment MVXX -
109,20.1.1.1.2 Each Addltonallncrent MV1X -
1 9.20,1.1.2Overme
109.20.1.1.2.1 First Incrment MVOX -
109,20.1.1.2.2 Each Additional Increment MV2X -
109.20.1.1.3 Premium
109.20.1,1.3.1 First Increment MVPX -
109.20.1,1.3.2 Each Additional Increment MV3X -
109.20.1.2 Ootional Tesllna (Additional Labor
109.20.1,2,1 Basic First and Each Additonal Increment OTNBX -
109.20.1.2,2 Overtme Firs and Each Addilionallncrment OTNOX -
109.20.1,2,3 Premium First and Each Additional Increment OTNPX -
109.20,1.3 Disnatch Additional Dlsnath . No truble found'VT6DC -
109.20,1.4 Disn.tch for Maintenance of Service - No Trouble Found VT6DM -
109.20.2 Desian and Non.Deslan . Nort
109.20.2.1 Trio Chame - Premises Visit Chame SCO -
109.20.2.2 Premises Work Chame
109,20.2.2.1 Basic
109.20,2.2,1.1 First Incment HRDll -
109.20.2.2,1.2 Each Additinal Increment HRDA1 -
109.20.2.2.2 Overtme
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 First Incrment HRD13 -
109,20.2,2.3.2 Each Additional Increment HRDA3 -
109,20.2.3 Netork Premises Work Chame
109.20.2,3,1 Basic Firstlncrement HRR11 -
109.20.2,3,2 Basic Each Addillonallncrment HRRA1 -
109.20.2,3,3 Overtme First Incrment HRR12 -
109.20.2,3.4 Overtme Each Addltinnallncrement HRRA -
109,20.2,3,5 Premium Firstlncrement HRR13 -
109,20.2,3.6 Premium Each Addltinallncrement HRRA3 -
109.20.2.4 DateChanae VT6DC -
Delan Chanae H28 -
Exnedile Chame Per day advanced EODDB -
Cancellation Chame NoUSOC ICB
109.20.3 Non-Deslan - Sou1
109,20.3,1 Network Premises Work Chame
109.20,3.1.1 All Hours 1 s 15 minut HRH11 -
109.20,3.1.2 All Hours next three 15 minutes HRHA1 -
109.20,3.1,3 All Hours ea addtl 15 minutes HRDA1 -
Qwes Locl Service Platform 1M Agrement QLSp™ Ra Sheet-Vl.2,3 04.11.08
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2
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.
.
Qwest Locl Services Platform™ (QLSpTM) Rate Page -IdahO
Janua 4 2011 throu hTerm*
10.20.4 Deslon . South
109.20.4.1 Maintenance of Servce
109.20.4.1.1 Basc
109.20.4.1,1.Firs Incrent MVXX ~
109,20.4.1.1.2 Each Additional Incrent MV1X ~
109.20.4.1.2 Overtime
109.20,4.1.2.1 First Increment MVOX ~
109.20.4.1.2.2 "ach Additonal Incrment MV2X ~
109.20.4.1.3.1 Premium
109.20.4.1.3.1 Firs Increment MVPX ~
109.20.4,1.3.2 Each Additonal Increment MV3X ~
1nO?nA?
R~.;o ""T"'"'V ~
109,2n.4.2.2 Overtime Firs and Each Additional Incrment OTNOX ~
1n9.20.4.2,3 Premium First and Each Additonal hicrment OTNPX ~
109.20.4.3 Disnofoh i Additonal Disoah . No truble found VT6DC ~
109.20.4.4 Disaatch for Maintnance of Servce. No Trouble Found VT6DM ~
109.20.4,5 Netor premis Work Chame
109.20.4.5.1 Basic
109.20.2.5,1.1 Firs Increment HRH11 ~
109.?0.2.5,1.2 Each Addi';onallncremønt HRHA1 ~
109.20,4.5,2 Overtme
109.20,2.5.2.1 First Incrment HRH12 ~
109.20,2.5.2,2 Each Adrliton~llnc"'ment HRHA2 ~
109.20.4,5.3 Preium
109.20.2,5.3.1 First Increent HRH13 ~
109.20.2.5.3.2 Each Additional Increment HRHA3 ~
109.20.5 Desl"n and Non.Des"n . Sou
1 9.20.5.1 Trin Chamø . Premises Vi'~ Chame NRTCY ~
109.20.5.2 Premises Work Chame
109.20,5.2.1 Basic
109.20.5.2.1,1 First Incrment HRD11 ~
109.20.5.2.1.2 Each Additonal Ino"'ment HRnA1 ~
,
109.20.5.2.2 Overtme
109.20.5.2.2.1 Firs Incremøn HRD12 ~
109.20.5.2,2.2 Each Additional Incrment HRDA2 .~
109.20.5.2,3 Premium
109.20.5.2.3.1 First Increment HRD13 ~
109.20.5.2.3,2 Each Additional Increment HRDA3 ~
109.20,5.3 DateChanne VT6DC ~
109.20.5.4 Des;"n Channe H28 ~
109.20.5.5 Exoedite Charoe Per dav advanced EODDB ~
109,20.5.6 Cancellaton Charoe NoUSOC ICB
109,23 QLSP'" Insllation and Conversion Nonrecurrln" Chames NRCs
109.23.1 Conversion Nonrecurrlno Charoes
109.23.1.1 QLSP'" Business Centrex PAL and PBX Analo" non.llD Trunk"- Resdental
109.23,1.1,1 First Line 'Mechanl,ød'RCCU S1.50
109.23.1.1.2 Each Additional Line Mechanized URCCY SO.50
109.2~.1.1.3 Firs Line 'Manual URCCV S15.0
109.23.1,1.4 Each Additional Line Manual URC Z 53,00
109.23.1.2 QLSP'" PBX DID Trunks
109.23,1.2,1 Firt Trunk URCCD S28.84
109.23.1.2,2 Each Additonal S2.73
109.23.1,3 QLSP'" ISDN BRI
109.23.1,3.1 First URCCU S30.66
109,23.1.3.2 Each Additional S?73
109.23.2 Instllation Nonrecurrno Charaes
109,23.2.1 QLSP'" Business Centrex PAL and PBX Anal~ non-ID Trunks Residental
109.23.2.1.1 First Line Mechanized\NHCRA 550.nO
109.23.2.1.2 Each Additional Line (Mechanize NHCRC 518.00
109.23.2,1.3 First Line Manuall NW'RB 575,00
109,23.2.1.4 Each Adrlltionai Line 'Manu~1 NHCRD S20.00
109,23.2.2 QLSP'" Anal~ DID PBX Trunks S15.21
109.23.2,3 OLSP'" ISDN.BRI ~272.96
109.23.3 Qwst A1N Features
109,23.3.1 Idaho Nor See Applicable Owes Retail 6
Tari. Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions in CLEC's ICA).
109,23.3.2 Idaho South See Applicale Owest Retil 6
Tari, Cetlog or Price List
les Discunt (whiCh wil be
provided pursuant to terms
and conditons in CLEC's ICA).
109.23.4 Qwt Voice Messoino Services
Owest Local Services Platform TM Agrement 3OLSp™ Rate Sheet-V1.2,3 04.11.08
109.23,4.1 Idaho Nort See Applicable Owest Retail
Tari, Catalog or Price List
less Discount (which wil be
provided pursuant to terms
and conditons In CLEC's ICA~
See Applicable Owest Retail
Tari, Catalog or Price List
less Disount (which will be
provided pursuant to terms
and conditions in CLEC's ICA),
6
6
109.23,4.2 Idaho Sout
112 o eratnal Su ort tems
112.1 Develoments and Enhanceent r Local Service Re uest
112.2 On oin 0 eraons r Locl Servce Re uest
112.3 Dally Usage Recrds File, per Record
All charges and increment
equal the comparable charges
and incrment provided in th
Owes Wholesale PCAT,
f:.Universal Service Order Codes (USOCS) have ben provided In an efrt to ease item desription and USOC associaton with charges. In the event USOCS are
inaccurate or are revised, Owest reerv the right to corr the Rae Sheet In the event of any signifcant change(s), noton wil be provided via the stndard
See Applicable Owes Retail Tari, Catalog or Price List for all charges and increments.
OLSP"" Business and Residential services utilize the same Class of Service and line Universal Service Order coes (USOCs). OLSP"" Residental service will be
billed at the Analog Port rate and only those lines that speifcally qualif for and are identied as serving a reidental end-ur customer by the presence of the
LAWUR USOC will receive the Residential end user creit.
2 OLSP"" servce Includes nondiscriminatory access to all vertcal swh fetures that are loaded in Owests End Offce Sw. See the PCAT for all compatible and
available vertcal swtch feature. Only vertcal swih feature with Non-Recurrng, Recurrng, or Per Occrrnce charges are listed. Non.Recurrng charges are
applicable whenever a featre is added. whether on new installation, conversion, or change order actvi. Thos vertical switch features not listed have a ra of $0 for
Monthly Recrrng, Non-Recurrng, or Per Occurrce charges.
3 Reservd for future use.
4 The Subsequent Order Charge is applicable on a per order basis when changes are reuesed to existing servce, including changing a telephone number, initiating or
removing Suspension or Serv, denying or retoring service, adding, removing, or changing featres, and other similar reests.
5 OLSP"" ISDN BRI and PBX are "Design". Remaining OLSP'" servce are "Non-Deign". All charges and Increments shall be th same as the comparable charges
and increments provided in Owest Retail Tari, Catlogs, or Price Lists and are subjec to change based on changes in those underiying Owes Retail Tari,
Catalogs, or Price Lists, In th event a rae changes, noticaton will be provided via the standard notcation proces,
6 Where the servce has been deemed to be a Telecommunications Service, the Discount wil be provided pursuant to CLEC's ICA. Where the servce is not a
Telecommunications Servce, the discount will be 18%,
Owes Local Servces Platform ™ Agrement OLSP ™ Rate Sheet-V1.2.3 04,11.08
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