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HomeMy WebLinkAbout20140121CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7th Avenue, Room 1506 Seattle, Washington 98191 (206) 733,.5178 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law January 17,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 lr ... lti sITd TrrY Centurylink' Via Overnight delivery Awe -T- os-zb Re: CenturyLink Local Services Platform ("CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your offrce on January 16,2014, enclosed are the signature pages for all of the CLSPs which have been extended. For your convenience, we are also enclosing a matrix listing the CLSPs and the docket numbers associated with the original agreements. Please contact have any questions concerning the enclosed. Thank you. Sincerely, Maura E. MEP/jga Enclosure EXIENSION AMENDMENT TO CENTURYLINKTIi LOCAL SERVICES PLATFORM ('ICLSPTM'') AGREEMENT This amendment ('Amendment'), by and between Grest Corporation dba CenturyLink QC ("CenturyLink"), .a Colorado corporation, and MGlmetro Access Transmission Services LLb ('CLEG"), amends the CenturyLinkru Local Services Platform ("CLSerul Agreement (formerly known as'Qwest Local Services Platformil ('alSeru';Agreement') between the Parties' WHEREAS, the Parties entered into a Qwest Local Services Platform ("QlSe*'1 Agreement (now referred to as a CenturyLinkrM Local Services Platform ('CtSe'u'1 Agreement), (the'Ag reement') ; 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 receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section 2 of the Aqreementwill be reolaced ln lE entlretv as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aareement will be replaced in iE entiretv as fottows: 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 lhe Agreement, or replaced by a successor agreement. Attachment 2 - Seruice Descriotion - of the Aoreement ls 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: 3.2.4 115% YOY Volume Growth Plan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or exceeds 110% ol the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,000) CLSP lines, CLEC will qualify for a 30% discount off the Business Port MRCs and a 60lo discount off the Residential Port MRCs applicable during the next calendar year. Section 7 of Attachment 2 will have the following changes: 7.0 Commercial Performance and Service Gredits. 7.2 Removed in its entirety. 7.3 Removed in its entirety. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. Decemberl0, 2013/kjc/CLSP 2014 Extension Amendment to CLSPil AgreemenUMClmetro Access AZ-CDS-101021-0086; CO-CDS-101021-0087; IA-CDS-101021-0088; lD-CDS-101021-0089; MN-CDS-I01021-0090 MT-CDS-101021{091; ND-CDS-101021-0092; NE-CDS-101021-0093; NM-CDS-101021-0094; OR-CDS-101021-0095; SD-CDS-101021-0096; UT-CDS-101021-0097; WA-CDS-101021-0098; WY-CDS-101021-0099 3. 4. Page 1 of2 CenturyLlnkil Local Services Platform (CLSPil) Rate Page - lZ,CO,IA, lD, MT, ND, NE, NM, OR, SD, UT, WA, WY January 1, 2014 through Term CenturyLinkil Local services Platform (CLSP[) Rate Page' Minnesota January 1,2014 through Term I09.1 1.2 ,orts, lf 80% YOY Volume Retention Plan Reoulrement! Are ][et t09.11.2.1 {mlm Port N/' 109.11.2.2 {naloo Port. R6idodhl end user credit AWUR N/' t09.11.2.3 Efiectlve CLSPil Resid€ntial Analoq Port NI' 109.11.2.4 Dhital Port (SuDoortino BRI ISDN)N/' t09.1 1.2.5 PBX DID PoN NI' 109.23.2 rutallatlon Nonrscurrlng Chargs! 109.23.2.1 CLSPil Burlnoss. Centrer. PAL, and PBX Analoo non{,lD Trunk3, Rosidentlal 109.23.2.1.1 IFist Llne (lt €chank€d){HCRA $25.0[ DocuSign Envelope lD: A71 134C2-9SDB-49C8-A443-SDOEA7BAB10E EXTENSION AMENDMENT TO CENTURYLINKTI' LOCAL SERVICES PLATFORM ("CLSP*"I 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, modifled or supplemented, and waivers or @nsents to departures frorn the provisions of this Amendment may not be given without the written consent thereto by both of the Parties hereto. No waiver by any Pafi of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Entlre Aoreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any prior understandings, agreements, or 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 original, but all of which shall constitute one and the same instrument. QC:Communication Services, l-0dEgFc60 B[r5746tl... -]I I rcu,t^.* IBy: LDocuSigncd By: L T ChrlstcnsonJ Name: L. T. Christensen Title: Director - Wholesale Contracts vP carrier nelations L2/2/20L3 LL/26/20t3Date:Date: October 29, 2013/mms/ACN/CLSP 2014 Extension Amendment to CLSpil Agreement (Az-CDS-10100rl-0007);(CO-CDS-101004-0008);(lA-CDS-1OlOO4-0009);(!D-CDS-1O1OO4-00'10);(MN-CDS-101004-0011); (MT-CDS-1 01 004-001 2); (ND-CDS-1 O1 0o,l-001 3); (NE-CDS-1 01 004-001 4); NM-CDS-1 ol 004-001 5); (OR-CDS-1 01 004-001 6); (sD-CDS-101004-0017); (UT-CDS-101004-0018); wA-CDS-lOlOOa-0019); (wY-CDS-1OlOO4-0020) Page 2 of 2