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Home My WebLink About20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7th Avenue, Room 1506 Seattle, Washinglon 98191 (206) 73&5178 Facsimile (206) 34H040 Maura E. Peterson Paralegal Regulatory Law January 17,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 472 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 it 'o ! i.l i sITd Trrv Centurylink' Via Overnight delivery Qwan^02-tL Re: CenturyLink Local Services Platform ("CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your office on January 16,2014, enclosed are the signature pages for all of the CLSPs which have been extended. For your convenience, we are also enclosing a matrix listing the CLSPs and the docket numbers associated with the original agreements. Please contact u have any questions conceming the enclosed. Thank you. Sincerely, Maura E. MEP/jga Enclosure EXTENSION AMENDMENT TO CENTU RYLIN KTiI LOCAL SERVICES PLATFORM ("CLS P TU "; AG RE EM ENT This amendment ('Amendment'), by and between Qwest Corporation dba CenturyLink QC ("CenturyLink"), .a Colorado corporation, and MClmetro Access Transmission Services LLC ("CLEC"), amends the CenturyLinkru Local Services Platform ("CLSRtu1 Agreement (formerly known as "Qwest Local Services Platformm ("QlSe*1 Agreement") between the Parties. WHEREAS, the Parties entered into a Qwest Local Services Platform ('QlSerul Agreement (now referred to as a CenturyLinkil Local Services Platform ('ClSe ru1 Agreement), (the "Agreement") ; and WHEREAS, the terms 'CenturyLink' and .CLSP' in this Amendment shall be used in place of, and interchangeably with, the terms "Qwest" and "QLSP", respectively, in the Agreement and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipi and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section 2. of the Aoreement will be reolaced in iE entiretv as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aqreement will be replaced in its entiretv as follows: 3. Term. The term of this Agreement begins on the Effective Date and continues through December 31 , 2016. Upon expiration, this Agreement will continue bn a month-to-month basis until it is terminated by either Party, with at least ninety (90) Days prior written notice, pursuant to Section 22 of the Agreement, or replaced by a successor agreement. Attachment 2 - Serulce Descriotion - of the Aqreement is herebv amended as follows: 1. Section 1 of Attachment 2 will have the following added: 1.6.7 Should CenturyLink cease offering a service to its End User Customers that is also available under this Agreement, upon thirty (30) Days prior written notice to CLEC, CenturyLink will also cease offering the service to CLEC. Notwithstanding the foregoing, CeniuryLink will not effect a discontinuation of any service pursuant to this Section 1.6.7 in such manner that CLEC may-not reaionably comply with Applicable Law conceming End User Customer discontinuation of service, disconnection and notification, provided that, the foregoing is subject to CLEC's reasonable diligence in effecting such compliance. . Section 3.2.4 of Attachment 2 is replaced with the following: 3.2.4 1'l5o/o YOY Volume Growth Plan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or exceeds 11Oo/o of the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,000) CLSP lines, CLEC will qualiff for a 30% discount off the Business Port MRCs and a 60/o discount off the Residential Port MRCs applicable during the next calendar year. 3. Section 7 of Attachment 2 will have the following changes: 7.0 Gommercial Performance and Service Credits. 7.2 Removed in its entirety. 7.3 Removed in its entirety. 4. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. Decemberl0, 2013/kjdCLSP 20'14 Extension Amendment to CLSPil AgreemenyMclmetro Access AZ-CDS-101021-0086;CO-CDS-101021-0087;IA-CDS-101021-0088;ID-CDS-101021-0089;MN-CDS-'!01021-0090 MT-CDS-101021{091;ND-CDS-101021-0092;NE-CDS-10102'l-0093;NM-CDS-101021-0094; OR-CDS-101021-0095; SD-CDS-101 021-0096; UT-CDS-1 01 021-0097; WA-CDS-1 01021-0098; WY-CDS-1 01 021-0099 Page 1 of 2 CenturyLlnkil Local Serulces Platform (CLSPil) Rate Page -AZCO,IA, lD, MT, ND, NE, Ntl, OR, SD, UT,WA, VllY January 1, 2014 through Term CenturyLlnkil Local Services Platform (CLSPil) Rate Page'Minnesota January 1,2014 through Term 109.rr2 ort3, lf 8096 YOY Volume Retentlon Plan Requlrement! Arc ltlet t00.11.2.1 rEloo Porr N/I toll.1't.2.2 qrlabo Port. R6lderthl ed irser cfEdl .AWUR N/' r09.11.2.3 :fiacffve CLSPfl Reslrefitial Alaloo Pod 1{/' I09.11.2.4 fral Porl (Supportlng BRI ISDN)t{r, r09.'t 1.2.5 ,BX DID Port t{r, 109,2t.2 nltlllatlon Nonrocunlno Chlrqer tgEt.z3.2.1 ;LSPil Butln..., Centlex, PAI- lnd PBX Anrlog nonolD Trunk!, Rerldentlal 10fJ,n.2.1.1 lFht Lhe (ir€ctEr{zed){HCRA $25.fi DocuSign Envelope tD: E10861 5C-2904-4DE6-g4BA-C5DoS1 57D7C6 EXTENSION AMENDMENT TO CENTURYLINKTM LOCAL SERV|GES PLATFORM ("CLSP*"1 AGREEMENT Further Amendments Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force and effect. The provisions of this Amendment, inciuding the provisions of this sentence, may not be amended, modffied or supplemented, and waivers or consents to departures frornthe piovisions of this Amendment may not be given without the written consent thereto by both of the Parties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, will be deemed io ext6nd to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising Uy virtue of any prior or subsequent such occurrence. Entire Aoreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire underctanding and agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter of the Agreement, as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each of which is deemed an originai, but att of wtricn shall constitute one and the same instrument. November 6, 2013/mms/ Matrix Telecom, lnc. dba Excel Telecommunications [fl(a Comtel Telcom] /CLSP 2b14 Extension Amendment Page2ol2 (AZ=C^DS-101 108-0142); (CO=CDS-101108-0143); (IA=CDS-101 108-0144); (lb=CDS-10110S-0145); (MN=CDS-101108-0146); (IJ=9P9''!91108-0147); (ND=CDS-101108-0148); (Ne=cos-tot to8-014ii)i (NM=CDS-I0'tloa-otbo); (oR=CDS-101108-0151);(SD=CDS-I01 108-0152); (UT=CDS-I0.t 108-01S3); (WA=CDS-101 108-0154)' Gorporation dba Title: Director - Wholesale Contracts L2/3/20L3Date: Matrix Telecom, lnc. dba {)0,,"tr fi,tnsd" L2/3/20L3