20110303Amendment.pdf

Qwest
1600 7th Avenue, Room 3206( Seattle, Washington 98191
[phone]
Facsimile [phone]
,.~f"'i",it'~
znu MAR -3 Pti 2= 00 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-04-9
Qwest/AT&T Corp.
QLSP Agreement
Dear Ms. Jewell:
Enclosed for filing with this Commssion on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in is atter.
Sincerely,~
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(Q q west.com
inu ''fAR -3 PM 2= 0 I
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 -04-09
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 June 22, 2004 (the "Agreement"). The Amendment with AT&T
Communications of the Mountain States, Inc. ("AT&T") 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(6)(2) of the Act directs that a state Commssion may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrer not a party 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-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment wil enable AT&T to
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page i
QLSP Amendment
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does notconcem other parties not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted thisit° day of March, 2011./
Qwest Corpor ti -
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
QLSP Amendment
CERTIFICATE OF SERVICE
NnI hereby certify that on thisJ, _ day of March, 2011, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties 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
¡jewell (Qpuc.statejd.us
Hand Deli very
U. S. Mail
-- Overnight Delivery
Facsimile
Email
Corbin E. Coombs
Director-Product Marketing Mgmt.
225 W. Randolph St. 22 Room 17A140
Chicago, IL 60606
Hand Deli very
U. S. Mail
-- Overnight Delivery
Facsimile
Email
~
Maura Peterson
Paralegal, Qwest Corporation
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
QLSP Amendment
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
This Qwest Local Services Platform TM ("QLSpTM") Agreement, together with the Attchments hereto and Rate Sheets,
incorporated herein by reference ("Agreement) is between Qwest Corporation ("Qwest"), a Colorado corporation, and
AT&T Corp., a Delaware corporation, on behalf of itself and its affliates AT&T Communications of the Mountain States,
Inc., AT&T Communicatic;ms of the Midwest, Inc., AT&T Communications of the Pacifc Norhwest, Inc., TCG Phoenix, TCG
Colorado, TCG Omaha, TCG Minnesota, Inc., TCG Oregon, TCG Seattle, TCG Utah, and TC Systems, Inc. (collecvely
herein referred to as "CLEC."), each identied for purpos of this Agreement in the signature blocks below, and referred to
separately as a "Part" or collecvely as the "Parties". The underigned Parties have read and agree to the terms and
conditions set forth in this Agreement. Attchments and Rae Sheets attached hereto as of the Effective Date:
Attachment 1 - Defnitions
Attachment 2 - QLSP Servce Desription
Atthment 3 - Perormance Targets for Qwest QLSpTM Service
Rate Sheets for each of the sttes checked in Applicable States below.
~"'::1 :
Name: L. T. Christensen~:DI~
B~~
Name: Warren Mickens
Title: VP - Customer Service Operations
Date: p- /- ii
--
AT&T Corp., and;
AT&T Communications of the Mountain States,lnc.
AT&T Communications of the Midwest, Inc.
_ AT&T Communications of the Pacific Northwest, Inc.
TCGPhoenix
TCG Colorado
TCGOmaha
TCG Minnesota, Inc.
TCGOregon
TCG Seattle
TCG Utah
TC Systems, Inc
By:
Name:
Title:
Date:
Qwest Corporation:
Diretor - Interconnection Agreements
930 15th Street, 6th Floor
Dever, CO 80202
Plio/ie: 303-672-2879
Email: intagreeCâgwest.com
With copy to:
Qwest Law Department
Wholesale Interconnecon
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnecionCâwest.co
r;
g
NOTICE INFORMATION: All writen notices required under this Agreement shall be sent to the following:
AT&T Corp.:
Corbin E. Cobs
Direcor - Product Marketng Management
225 W. Randolph St. Z2 Room 17 A 140
Chicago, IL 60606 i
Phone: [phone]
Email: cc2862Câatt.com
With CODY to:
Mark Ashby
General Attorney
675 W. Peachtree St. NW-4326
Atlanta, GA 30375
Phone: 404 335"0710
Email: ma1606caatt.com
January 26, 20111kjclAT&T CorpJQwest QLspm MSA - (v9-20-10) Page 1 of 14
(AZ=CDS-1 01220-0001); (CO=CDS-101220-o002); (IA=CDS-101220-o003); (ID=CDS-1 01220-0004); (MN=CDS-1 01220-0005);
(MT=CD5-101220-0006): (ND=CDS-101220-ooo7): (NE=CDS-101220-o008); (NM=CDS-101220-o009); (OR=CDS-101220-o010):
(SD=CDS-101220-o011): (UT=CDS-1 01220-0012); (WA=CDS-1 01220-0013); (W=CDS-101220-o014)
l
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
This Qwest Local Services Platform™ ("QLSpTM") Agreement, together with the Attchments hereto and Rate Sheets,
incorporated herein by reference ("Agreement") is between Qwest Corpoation ("Qwest"), a Colorado corporation, and
AT&T Corp., a Delaware corporation, on behalf of itself and its affliates AT&T Communications of the Mountain States,
Inc., AT&T Communications of the Midwest, Inc., AT&T Communications of the Pacific Northwest, Inc., TCG Phoenix, TCG
Colorado, TCG Omaha, rCG Minnesota, Inc., TCG Oregon, TCG Seattle, TCG Utah, and TC Systems, Inc. (collectively
herein referred to as "CLEC."), each identified for purposes 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. Attachments and Rate Sheets attched hereto as of the Effective Date: .
Attachment 1 - Definitions
Attachment 2 - QLSP Service Description
Attachment 3 - Performance Targets for Qwest QLSpTM Servce
Rate Sheets for each of the states checked in Applicable States below.
By:
Name:
Title:
Date:
Warren Mickens
VP Customer Service Operations
AT&T Corp., and;
AT&T Communications ofthe Mountain States, Inc.
AT&T Communications of the Midwest,lnc.
AT&T Communications ofthe Pacific Northwest. Inc.
TCGPhoenix
TCG Colorado
TCGOmaha
TCG Minnesota, Inc.
TCGOregon
TCG Seattle
TCG Utah
TC Systems, Inc
By:
Name:
Title:
Date:
Qwest Corporation:
By:
Name: L. T. Christensen
Title: Director - Wholesale Contract
Date:
NOTICE INFORMATION: All written notice required under this Agreement shall be sent to the following:
Qwest Coæoration:
Director - Interconnection Agreements
930 15th Street, 6th Floor
Denver, CO 80202
Phone: [phone]
Email: intagreeaRgwest.com
With copy to:
Qwest Law Department
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectionaRgwest.com
AT&T Corp.:
Corbin E. Coombs
Director - Product Marketing Management
225 W. Randolph St. Z2 Room 17 A 140
Chicago, IL 60606
Phone: [phone]
Email: cc2862cæatt.com
With copy to:
Mark Ashby
General Attorney
675 W. Peachtree St. NW-4326
Atlanta, GA 30375
Phone: [phone]
Email: ma1606cæatt.com
January 26, 2011/kjclAT&T Corp.lQwest QLSpTM MSA - (v9-20-10) Page 1 of 14
(AZ=CDS-101220-0001); (CO=CDS-101220-0002); (IA=CDS-101220-0003); (ID=CDS-101220-0004); (MN=CDS-10122o-0005);
(MT=CDS-101220-0006); (ND=CDS-101220-0007); (NE=CDS-101220-0008); (NM=CDS-101220-0009); (OR=CDS-101220-0010);
(SD=CDS-101220-0011); (UT=CDS-101220-0012); (WA=CDS-101220-0013); (W=CDS-101220-0014)
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.
-- Arizona
-- Colorado
-- Idaho
-- Iowa
-- Minnesota
-- Montana
-- Nebraska
-- New Mexico
-- North Dakota
-- Oregon
-- South Dakota
-- 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
Washington 8.0 (with Service Performance Measures
and Reporting and Performance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Attachment 2 to this Agreement).
-- Wyoming
January 26, 2011lkjclAT&T Corp'/Qwest QLSP"' MSA - (v9-20-10) Page 2 of 14
(AZ=CDS-1 01220-0001); (CO=CDS-101220-0002); (IA=CDS-1 01220-0003); (ID=CDS-101220-0004); (MN=CDS-101220-0005);
(MT=CDS-101220-0006); (ND=CDS-101220-0007); (NE=CDS-101220-0008); (NM=CDS-1 01220-0009); (OR=CDS-1 01220-001 0);
(SD=CDS-101220-0011); (UT=CDS-101220-0012); (WA=CDS-101220-0013); (W=CDS-101220-0014)
WHEREAS, CLEC desires to purchase from Qwest certain combinations of Network Elements, ancilary functions,
and additional features, including without limitation, the local Loop, Port, switching, and Shared Transport and
Qwest desires to sell such to CLEC.
Now, therefore, in consideration of the terms and conditons contained herein, CLEC and Qwest mutually agree as follows:
1. Definitions. Capitalized terms used herein are defined in
Attchment 1.
2.
2011.
Effective Date.This Agreement is effective January 4,
3. Term. The term of this Agreement begins on the
Effecve Date and continues through December 31, 2013. In the
event that at the expiration of this Agreement CLEC has any remaining
Customers served under this Agreement, Qwest may immediately
convert CLEC to an equivalent alternative service at market-based
wholesale rates.
4. Scope of Agreement; Service Provisioning; Controllng
Documents; Change of Law; Eligibilty for Services under this
Agreement; Non-Applicabilty of Change Management Process.
4.1 The Services ("Services") as defined and described in this
Agreement will only be provided in Qwests incumbent LEC servce
terrtory in the states of Arizona, Colorado, Idaho, Iowa, Minnesota,
Montana, Nebraska, New Mexico, North Dakota, Oregon, South
Dakota, Utah, Washington and Wyoming.
4.2 In the event of a conflict in any term of any documents that
govern the provision of Services hereunder. the following order of
precedence will apply in descending order of control: an Attachment,
Rate Sheet, this Agreement, and any effective Order Form hereunder.
The Parties agree that the Services 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 Owest
or CLEC that the Existing Rules should not be changed, vacated,
dismissed, stayed or modified. Nothing in this Agreement shall
preclude or estop Owest or CLEC from taking any position in any
forum concerning the proper interpretation or effect of the Existing
Rules or conceming whether the Existing Rules should be changed,
vacated, dismissed, stayed or modified.
4.4 If any change in Applicable Law materially impairs a Part's
abilty to perform or obtain a benefit under this Agreement, both Partes
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
certified 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. Nothing in this
Agreement commits CLEC to purchase Services under this
Agreement.
or any other wholesale service 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
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 Qwest in
good faith to promptly complete or update, as applicable, Owests
"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 from CLEC caused by CLEC's failure to promptly
complete or update the questionnaire.
6. Financial Terms.
6.1 The description of the Service and applicable rates are set
forth in the Attachments hereto and Rate Sheets. The Parties agree
that they shall not seek to challenge the rates in this Agreement in any
legal or regulatory proceedings based on an asserton that the rates
set forth in the Rate Sheets are not just and reasonable; provided,
however, that the foregoing shall not be construed as an admission or
as a waiver of a Part's legal rights. The Parties agree that no rates,
charges, costs, or fees shall apply to the Service provided under this
Agreement other than as is set forth in the Rate Sheets.
6.2 Taxes. Fees. and other Governmental Impositions.
All charges for Service 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
performance of this Agreement shall be borne by the Part upon which
the obligation for payment is imposed under Applicable Law, even if
the obligation to collect and remit such Taxes is placed upon the other
Part. However, where the sellng Part is expressly permitted by
Applicable Law to collect such Taxes from the purchasing Part, such
Taxes shall be borne by the Part purchasing the service. Taxes
shall be biled as a separate item on the invoice in accrdance with
Applicable Law. The Part billng such Taxes shall, at the wrtten
request of the Part being biled, provide the biled part with detailed
information regarding biled Taxes, including the applicable Tax
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 Collecting 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 Collecting 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 including
4.6 Except as otherwse provided in this Agreement, the Parties
agree that Services provided under this Agreement are not subject to
the Owest Wholesale Change Management Process ("CMP"), Qwests
Performance Indicators ("PID"), Performance Assurance Plan ("PAP").
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(AZ=CDS-1 01220-0001); (CO=CDS-1 01220-0002); (IA=CDS-1 01220-0003); (ID=CDS-1 01220-0004); (MN=CDS-101220-0005);
(MT=CDS-1 01220-0006); (ND=CDS-1 01220-0007); (NE=CDS-101220-0008); (NM=CDS-101220-0009); (OR=CDS-1 01220-001 0);
(SD=CDS-101220-0011); (UT=CDS-101220-0012); (WA=CDS-101220-0013); (W=CDS-101220-0014)
passing through any applicable interest received from the taxing
authority, but only as actually paid or credited by the taxing authority.
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 remittance of all
applicable Taxes relating to its own services provided to its own
Customers.
7. Intellectual Property.
7.1 Except for a license to use any facilties or equipment
(including softre) solely for the purposes of this Agreement or to
receive Service solely as provided in this Agreement or as specifcally
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 owned, controlled or licensable
by either Part. Neither Part may use any patent, copyright, trade
name, trademark, service mark, trade secret. nor other proprietary
interest or intellectual property, now or hereafter owned, controlled or
licensable by either Part without execution of a separate written
agreement betwen the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each Part (an Indemnifying Part) shall indemnify and
hold the other Part (an Indemnified Part) harmless from and against
any loss, cost, expense or liabilty arising out of a claim that the
services provided by the Indemnifying Part provided or used pursuant
to the terms of this Agreement misappropriate or otherwse violate the
intellectual propert rights of any third part. The obligation for
indemnification recited in this paragraph shall not extend to
infringement which results from:
A. any combination of the facilties or services of the
Indemnifying Part with facilties or services of any other Person
(including the Indemnified Part but excluding the Indemnifying
Part and any of its Affliates), which combination is not made by
or at the direction of the Indemnifying Part or is not reasonably
necessary to CLEC's use of the Services offered by Qwest under
this Agreement; or
B. any modification made to the facilties or 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
facility or service to make such facilty 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 service 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 facilty or service will be held to infringe,
the Indemnifying Part will notify the Indemnified Part and the Parties
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
infringement.
7.5 The Indemnifyng Part may request that the Indemnified
Part take steps to mitigate damages resulting from the infringement or
alleged infrngement including, but not limited to, accepting
modifcations to the facilities or servces, and such request shall not be
unreasonably denied.
7.6 To the extent required under Applicable Law, Qwest shall
use commercially reasonable efforts to obtain, from its vendors who
have licensed intellectual propert rights to Qwest in connection with
Servces provided hereunder, licenses under such intellectual propert
rights as necessary for CLEC to use such Services as contemplated
hereunder and at least in the same manner used by Qwest for the
Servces provided hereunder. Qwest shall notify CLEC immediately in
the event that Qwest believes it has used its commercially reasonable
effort to obtain such rights, but has been unsuccessful in obtaining
such rights. Nothing in this subsection shall be construed in any way
to condition, limit, or alter a Parts indemnification obligations under
Secton 7.2, precding.
7.7. Neither Part shall without the express written 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 certfying it
and its goods and services; or with respect to its marketing, advertsing
or promotional activities or materials, state or imply that the services
are in any way associated with or originated from the other Part or
any of its Affliates. In addition, CLEC, including its employees,
representatives and agents, will not state or otherwse indicate, directly
or indirectly, to its end-users or prospective end-users: (a) that CLEC
end-users or prospective end-users will be Qwest customers or that
CLEC end-users or prospectve end-users may obtain Qwest service
from CLEC or (b) that CLEC has or the CLEC end-user will have any
relationship with Qwest, except to the extent necessary to respond
directly to a question from a CLEC end-user or to explain the status of
a pending repair service or order to be performed by Qwest. . Without
limiting the foregoing, CLEC must not use a name, trademark, service
mark, copyrght or any other intellectual propert owned by Qwest or
its Affliates, except pursuant to 7.7 (b) above and then consistent with
the non-disparagement obligations of Section 10. Any pro-active
communication by CLEC that Qwest is one of the underlying carriers
from which CLEC purchases services must have the prior written
consent of the Qwest Law Departent. This is a non-exclusive
agreement. Nothing in this Agreement prevents Qwest from offering to
sell or sellng any services to other parties.
7.8 Notwthstanding the Provisions of Section 7.7 but incorporating
by reference the non-disparagement obligations of Secton 10, nothing
in this Section prevents either Part from truthfully and factually
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 Qwests 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.
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(MT=CDS-1 01220-0006); (ND=CDS-101220-0007); (NE=CDS-1 01220-0008); (NM=CDS-101220-0009); (OR=CDS-1 01220-001 0);
(SD=CDS-101220-0011); (UT=CDS-10122Q-0012); (WA=CDS-101220-0013); (W=CDS-101220-0014)
8.1 Payment Obligation. Bils shall be rendered monthly and
amounts payable under this Agreement are due and payable within
thirt (30) Days after the date of invoice, ("Payment Due Date") unless
CLEC can show by factual evidence that the bil was not received in a
timely manner, in which case a new mutually acceptable Payment Due
Date will be established. If the Payment Due Date falls on a Sunday or
on a holiday which is observed on a Monday, the payment date will be
the first non-holiday day following such Sunday or holiday. If such a
payment date falls on a Saturday or on a holiday which is observed on
Tuesday, Wednesday, Thursday or Friday, the payment date shall be
the last non-holiday day preceding such Saturday or holiday. For
invoices distributed electonically, the date of the invoice date is the
same as if the invoice were biled on paper, not the date the electronic
delivery occrs. If CLEC fails to make payment on or before the
Payment Due Date, Qwest may invoke all available rights and
remedies authorized under this Agreement.
8.2 Cessation of Order Processing. Qwest may discontinue
processing orders for Services for a material breach of the non-
disparagement obligations in Section 10 or 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 accept
additional orders for Services on the date specified in the ten (10)
business days notice, and CLEC's non-compliance continues, nothing
contained herein shall preclude Qwests right to refuse to accpt
additional orders for Service from CLEC without further notice. For
order processing to resume, CLEC will be required to make full
payment of all past-due charges for Services not disputed in good faith
under this Agreement, and Qwest may require a deposit (or recalculate
the deposit) pursuant to Section 8.5. In addition to other remedies that
may be available at law or equity, Qwest reserves the right to seek
equitable relief including injunctive relief and specific performance.
8.3 Disconnection. Qwest may disconnect any Services
provided under this Agreement for a material breach of the non-
disparagement obligations in Section 10 or failure by CLEC to make
full payment for such Services, less any good faith disputed amount as
provided for in this Agreement, within sixt (60) Days following the
Payment Due Date provided that Qwest has first notified CLEC in
wrting at least ten (10) business days prior to disconnecting Services.
CLEC will pay the applicable charge set forth in the Rate Sheet
required to reconnect Services for each End User Customer
disconnected pursuant to this Section 8.3; In case of such
disconnection, all applicable undisputed charges, including termination
charges, will become due and payable. If Qwest does not disconnect
CLEC's Service on the date specified in the ten (10) business days
notice, and CLEC's noncompliance continues, nothing contained
herein shall preclude 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 Services and Qwest may require a deposit (or
recalculate the deposit) pursuant to Secton 8.5. In addition to other
remedies that may be available at law or equity, each Part reserves
the right to seek equitable relief, including injunctive relief and specific
perfrmance. Notwthstanding the foregoing, Qwest will not effect a
disconnection pursuant to this Section 8.3 in such manner that CLEC
may not reasonably comply with Applicable Law concerning End User
Customer disconnecton and notification, provided that, the foregoing is
subject to CLEC's reasonable dilgence in effectng such compliance.
due to Qwest. Both ClEC and Qwest agree to expedite the
investigation of any disputed amounts, promptly provide reasonably
requested documentation regarding the amount disputed, and work in
good faith in an effort to resolve and 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 Qwst, 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.
B. If CLEC pays the disputed charges and the dispute is
resolved in favor of Qwest, no furter action is required. If CLEC
pays the charges disputed at the time of payment or at any time
thereafter, and the dispute is resolved in favor of the CLEC,
Qwest will adjust the Biling, usually within tw Billng cycles after
the resolution of the dispute, as follows: Qwest will credit the
CLEC's bil for the disputed amount and any associated interest;
or if the disputed amount is greater than the bill to be credited,
pay the remaining amount to CLEC.
C. The interest calculated on the disputed amounts will be the
same rate as late payment charges. In no event, however, will
any late payment charges be assessed on any previously
assessed late payment charges.
D. CLEC shall not be responsible for payment of charges for
Services invoice more than one hundred twenty (120) days after
close of the billng month in which the charges were incurred. If
CLEC fails to dispute a charge within the period set fort in
Section 8.4, CLEC must dispute charges within one hundred
twenty (120) days after the date of the affeced invoice or else
CLEC waives the dispute. This limitation does not apply in the
case of errors caused by fraud or intentional misrepresentation or
to changes implemented within a reasonable period of time after
the effectiveness of an applicable regulatory order.
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 CLEC is repeatedly
delinquent in making its payments (excluding amounts that are
disputed in good faith pursuant to the terms of this Agreement), or is
being reconnected after a disconnection of Service or discontinuance
of the processing of orders by Qwest due to a previous failure to pay
undisputed charges in a timely manner, Qwest may require a deposit
to be held as security for the payment of charges before the orders
frm CLEC will be provisioned and completed or before reconnection
of Service. "Repeatedly Delinquent" means any payment of an
undisputed material amount of total monthly Billng under this
Agreement received after the Payment Due Date, three (3) or more
times during the last twelve (12) month period. The initial deposit may
not exceed the estimated total monthly charges for a tw (2) month
period based upon recent Biling. The deposit may be an irrevoble
bank letter of credit, a surety bond if allowed by the applicable
Commission regulations, a letter of credit with terms and conditions
Page 5 of 14
8.4 Biljng 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 identifyng the amount, reason and rationale of
such dispute. At a minimum, CLEC will pay all undisputed amounts
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(SD=CDS-101220-0011); (UT=CDS-101220-0012); (WA=CDS-101220-0013); (W=CDS-101220-0014)
acceptable to Qwest, or some other form of mutually accptable
security such as a cash deposit. The deposit may be adjusted by
CLEC's actual monthly average charges, payment history under this
Agreement, or other relevant factors, but in no event will the security
deposit exceed five millon dollars ($5,000,000.00). Required deposits
are due and payable within thirt (30) Days after demand and non-
payment is subject to 8.2 and 8.3 above in this Agreement. The
Parties agree that based upon CLEC's payment history with Qwest, no
initial deposit shall be required on the Effective Date 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 Secton 8.7 below, whichever is lower, except as otherwse
required by law, provided that, for elimination of doubt, the Partes
agree that such deposits are not subject to state laws or regulations
relating to consumer or End User Customer cash deposits. Cash
deposits and accrued interest, if applicable, will be credited to CLEC's
account or refunded, as appropriate, upon the earlier of the expiration
of the term of this Agreement or the establishment of satisfactory credit
with Qwest, which will generally be one full year of timely payments of
undisputed amounts in full by CLEC. Upon a material change in
financial standing, CLEC may request, and Qwest will consider, a
recalculation of the deposit. The fact that a deposit has been made
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 porton of the
payment is received by Qwest in funds that are not immediately
available, then a late payment charge will be due to Qwest. The late
payment charge is the porton of the payment not received by the
Payment Due Date multiplied by a late factor. The late factor is the
lesser of (i) the highest interest rate (in decimal value) which may be
levied by law for commercial transactons, compounded daily for the
number of Days from the Payment Due Date to and including the date
that the CLEC actually makes the payment to Qwest; or (Ii) 0.000407
per Day, compounded daily for the number of Days from the Payment
Due Date to and including the date that the CLEC actually makes the
payment to Qwest.
8.8 CLEC must not remit payment for the Servces 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 perform certin functions
unless those functions and obligations are specifically agreed to by the
parties in this Agreement or in an amendment to this Agreement.
9. ConversionslTerminations. If CLEC is obtaining services
from Qwest under an arrangement or agreement that includes the
application of termination liabilty assessment (TLA) or minimum perd
charges, and if CLEC wishes to convert such services to a Servce
under this Agreement, the conversion of such services will not be
delayed due to the applicabilty of TLA or minimum period charges.
The applicabilty of such charges is governed by the terms of the
original agreement, Tariff or arrangement. Nothing herein will be
construed as expanding the rights otherwse granted by this
Agreement or by law to elect to make such conversions.
9.1 In the event Qwest terminates the Provisioning of
any service provided under this Agreement to CLEC for any
reason, CLEC shall be responsible for providing any and all
necessary notice to its End User Customers of the
termination. In no case shall Qwest be responsible for
providing such notice to CLEC's End User Customers.
Qwest shall only be required to notify CLEC of Qwests
termination of the service on a timely basis consistent with
FCC rules and notice requirements but in no event less than
the notice period set forth in Section 8.3.
9.2 In the event the Provisioning of Services provided
under this Agreement are terminated, the Parties shall work
coperatively to develop a trnsition plan, and such plan
shall provide for a transition period no less than ninety (90)
days for CLEC to transition its Customers to other services
or such longer period of time as required bylaw in order to
lawfully migrate or disconnect Customers. Qwest agrees
that it will not disconnect CLEC Customers in contrvention
of an agreed-to transition plan or applicable law or
regulations.
10. Customer Contacts. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' servce
needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble reports,
repair, post-sale servicing, Billing, collection 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 instrcted to contact Qwest. In responding to
calls, neither Part will make disparaging remarks about. the other
Part. To the extent the correct provider can be determined,
misdirected calls recived by either Part will be referred to the proper
provider of Local Exchange Service; however, nothing in this
Agreement shall be deemed to prohibit Qwest or CLEC from
discussing its products and services withCLEC'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 Qwest 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, including but not limited to the
non-disparagement provisions of Section 10, and such default or
violation continues for thirt (30) Days after written notice thereof, the
other Part may terminate this Agreement and seek relief in
accrdance with the Dispute Resolution provision, or any remedy
under this Agreement. The remedies available to each Part pursuant
to this Agreement are not to be considered exclusive of one another
and will be cumulative.
12. Limitation of Liabilty.
12.1 Each Parts remedies for claims under this Agreement are
limited pursuant Secton to 12.2. In addition, in some instances,
CLEC's damages are otherwse limited by this Agreement to outage
credits or other service credits, in which case Qwests total liabilty for
the act or omission giving rise to such credit will not exceed the
aggregate amount of any applicable credits due for such act or
omission. .
12.2 Except for indemnification and payment obligations under
this Agreement, neither Part shall be liable to the other for indirect,
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, lost revenues, lost
savings suffered by the other Party 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 Parties
know the possibilty that such damages could result.
12.3 Nothing contained in this Section shall limit either Parts
liabilty to the other for willful misconduct, provided that, a Parts
liabilty to the other Part pursuant to the foregoing exclusion, other
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(MT=CDS-101220-0006); (ND=CDS-101220-0007); (NE=CDS-101220-0008); (NM=CDS-101220-0009); (OR=CDS-101220-0010);
(SD=CDS-101220-0011); (UT=CDS-101220-0012); (WA=CDS-101220-0013); (W=CDS-101220-0014)
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 constitue the sole indemnification
obligations between and among the Parties:
A. Each Part (the Indemnifying Part) agrees to release,
indemnify, defend and hold harmless the other Part and each of
its offcers, directors, employees and agents (each, an
Indemnitee) from and against and in respect of any loss, debt,
.labilty, 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 attorneys' 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 destrction of tangible propert, whether or
not owned by others, resulting from the Indemnifyng Part's
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 the Part, the
Part whose End User Customer alleged or incurred such claims
or loss (the Indemnifyng Part) shall defend and indemnify the
other Part and each of its offcers, directors, employees and
agents (each, an Indemnified Part) against any and all such
claims or loss by the Indemnifying Part's End User Customers
regardless of whether the underlying Service was provided or was
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 Parts ability to defend such
claim.
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 pertining
to any such action without the prior wrtten consent of the
Indemnified Part. In the event that the Indemnified Part
withholds consent, the Indemnified Part may, at its cost, take
over such defense; provided that, in such event, the Indemnifying
Part shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnified Part against, any cost or
liabilty in excess of such refused compromise or setUement.
14.Limited Warrnties.
14.1 Each Part will provide suitably qualified personnel to perfrm its
obligations under this Agreement and provide all Services hereunder in
a good and workmanlike manner and in material conformance with all
Applicable Laws and regulations.
14.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
QWEST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED
HEREUNDER. QWEST SPECIFICALLY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
15. Relationship. Except to the 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. Qwest is actng as an independent contractor and will
have exclusive control of the manner and means of performing its
obligations as consistent with the terms of this Agreement.
16.Assignment.
16.1 Neither CLEC nor Qwest may assign this Agreement or any
rights or obligations hereunder without the prior wrtten consent of the
other Part, which consent will not be unreasonably withheld.
Notwthstanding the foregoing either Part may assign this Agreement
without the consent of the other Part to any Affliate, succssor
through merger, or acquirer of substantially all of its assets; provided
that in all cases the assignee of CLEC or Qwest, as applicable,
acknowledges in writing its assumption of the obligations of the
assignor hereunder. Any attempted assignment in violation hereof is
of no force or effect and is void. Without limiting the generality of the
foregoing, this Agreement will be binding as to the Partes' respective
succssors and assigns.
16.2 In the event that Qwest transfers to any unaffliated part
exchanges, including End User Customers that CLEC seres in whole
or in part through Services provided by Qwest under this Agreement,
Qwest will ensure that the transferee seres as a successor to and
fully performs all of Qwests responsibilties and obligations under this
Agreement for a period of one hundred-eighty (180) Days from the
effectve date of such transfer or unti 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 trnsfer 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 efforts
to faciltate discussions between CLEC and the trnsferee with respect
to the transferee's assumption of Qwests obligations after the
Page 7 of 14
B. If the Indemnifying Part wishes to defend against such
action, it will give wrtten notice to the Indemnified Part of
accptance of the defense of such action. In suc event, the
Indemnifying Part has sole authority to defend any such action,
including the selecion of legal counsel, and the Indemnified Part
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifyng- 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
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transition period set forth above in accrdance with the terms and
provisions of this Agreement.
17. Reporting Reguirements. If reportng obligations or
requirements are imposed upon either Part by any third part or
regulatory agency in connection with this Agreement or the Serce,
including use of the Service by CLEC or its End Users, the other
Part agrees to assist that Part in complying with such obligations and
requirements, as reasonably required by that Part.
18. Survival. The expiration or termination of this Agreement
does not relieve either Part of those obligations that by their nature
are intended to survive.
19.Confidentiality Nondisclosure.
19.1 Neither Part will, without the prior written consent of the
other Part (a) issue any public announcement regarding, or make any
other disclosure of the terms of, this Agreement or use the name or
marks of the other Part or its Affliates in a manner inconsistent with
Sections 7.7, 7.8 or 10; or (b) disclose or use (except as expressly
permitted by, or required to achieve the purposes of, this Agreement)
the Confidential Information of the other Part. Consent may only be
given on behalf of a Part by its Legal Departent. However, a Part
may disclose Confidential Information if required to do so by a
governmental agency, by operation of law, or if necesary in any
proceeding to establish rights or obligations under this Agreement,
provided that the disclosing Part gives the non-disclosing Part
reasonable priOr wrtten 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 reporting or filing obligations or requirements are
imposed upon either Part by any third part or regulatory agency in
connection with this Agreement, the other Part agrees to assist the
disclosing Part in complying with such obligations and requirements,
as reasonably required and to hold the disclosing Part harmless for
any failure by the other Part in this regard. A Part's compliance with
any regulatory filing obligation will not constitute a violation of this
section. Each Part will use rE!asonable effrts 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 written
confirmation that the Part receiving the information understands that
the material is Confidential Information. Each Part has the right to
correct an inadvertent failure to identify information as Confidential
Information by giving written notification within thirt (30) Days after the
information is disclosed. The receiving Part will from that time
forwrd, treat such information as Confidential Information.
19.3 Upon request by the disclosing Part, the receiving Part will
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. Each Part will use the other Parts Confidential Information only
in connection with this Agreement and in accrdance with Applicable
Law. NE!ither Part will use the other Part's Confidential Information
for any other purpose excpt upon such terms and conditions as may
be agreed upon betwn the Parties in wrting. If either Part loses, .or
makes an unauthorized disclosure of, the other Parts Confidential
Information, it will notify such other Part immediately and use
reasonable effort to retrieve the information.
19.5 Effectve Date of this Secton. 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 furtherance of the purpose of this Agreement, even if furnished
before the Effecive 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 repre~en~tives. an~ ~at ~he
disclosing Part is entitled to seek equitable relief, including inJunctive
relief and specific performance in the event of any breach of the
confidentiality provisions of this Agreement. Such remedies are not
the exclusive remedies for a breach of the confidentiality provisions of
this Agreement, but are in addition to all other remedies available at
law or in equity.
19.7 Nothing herein should be construed as limiting either Part's
rights with respect to its own Confidential Information or its obligations
with respect to the other Part's Confidential Information under Section
222 of the Act.
20. Waiver. Except as otherwse provided herein, neither
Part's faiiU 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.
21. Regulatory Approval
Each Part reserves its rights with respect to whether this Agreement
is subject to Sections 251 and 252 of the Act. In the event the FCC, a
state commission or any other governmental authority or agency
rejects or substantially modifies any material provision in this
Agreement (excluding provisions in Interconnection Agreements or
Qwest tariff that mayor may not be subject PSC jurisdiction), whether
by direct action or by virtue of generic proceedings, including without
limitation, any pricing terms, either Part may notify the other Part of
its intent to immediately terminate this Agreement in whole or in part,
including without limitation, with respect to Service in any state;
provided, however, that the Parties agree to meet within thirt (~O)
days of such termination notice to attempt to. .reach an alternative
agreement for the services and/or create a transition plan involving the
impacted service. In the event a Party exercises its right to termi~~te
pursuant to this Section 21, the Parties agree to follow the tr~nsition
provisions of Sections 9.1 and 9.2 at no charge to AT&T or its End
User Customers.
22. Notices. Any notices required by or conceming this
Agreement will be in writing and will be suffciently given if delivered
personally, delivered by prepaid ovemight express ~ervice,. sent by
facsimile with electronic confirmation, or sent by certified mall, return
receipt requested, or by email where. specified in this Agreement to
Qwest and CLEC at the addresses shown on the cover sheet of this
Agreement. Notwthstanding anyting herein to the contrary, Qwest
may provide notice via email without duplicate wrtten notification for:
(a) marketing notices; (b) notices provided under Section 8; (c) rate
change notices allowed pursuant to this Agreement; or (d) notices
regarding changes in maintenance windows.
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. A Part~s agent shall be entitled to receive Confidential
Information to the extent it is necessary or appropriate to implement
portions of this Agreement, such as biling and bil audit functions, and 23. Force Majeure. Neither Part shall be liable for any delay
the agent has entered into a nondisclosure agreement that is at least or failure in performance of any part of this Agreement frm any cause
as protectve of the Confidential Information as provided in this Section beyond its control and without its fault or negligence including, without
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(SD=CDS-101220-0011): (UT=CDS-101220-0012); (WA=CDS-101220-0013); (W=CDS-101220-0014)
limitation, acts of nature, acts of civil or miltary authority, govemment
regulations, embargoes, epidemics, terronst act, riots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, power blackouts, volcanic action, other major
environmental disturbances, or unusually severe weather conditions
(each, a Force Majeure Event). Inabilty to secure products or servicesof other Persons or transporttion facilities or acts or omissions of
transporttion carners 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 from
performance of its obligations hereunder on a day to day basis to the
extent those obligations are prevented by the Force Majeure Event,
and shall use reasonable effort to remove or mitigate the Force
Majeure Event. In the event of a labor dispute or stnke 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
choice-of-Iaw pnnciples, 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 written notice to the other
Part of any dispute not resolved in the normal course of business.
Each Part will, within seven (7) Days after delivery of the wrtten
notice of dispute, designate a vice-president level employee or a
representative with authonty to make commitments to review, meet,
and negotiate, in good faith, to resolve the dispute. The Partes intend
that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, frequency, duration, and
conclusions of these discussions will be at the discretion of the
representatives. By mutual agreement, the representatives may use
other proceures 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 from discovery and
production, and are not admissible in any subsequent proceedings
without the concurrence of both Partes.
25.2 If the designated representatives have not reached a
resolution of the dispute within fifteen (15) Days after the written notice
(or such longer period as agreed to in wrting by the Parties), theneither Part may commence a civil action. Any acton will be brought in
the United States Distnct Court for the Distnct of Colorado if it has
subject matter jurisdiction over the action, and shall otherwse be
brought in the Denver District Court for the State of Colorado. The
Partes agree that such court have personal jurisdicton over them.
25.3 Waiver of JUry Tnal and Class Action. Each Part, to the
extent permitted by law, knowingly, voluntanly, and intentionally waives
its right to a tnal by jury and any nght to pursue any claim or acton
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
25.4 No cause of action regardless of the form of 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 arises.
26. Headings. The headings used in this Agreement are for
convenience only and do not in any way limit or otherwse affect the
meaning of any terms of this Agreement.
A. the full legal name of the legal entity intended to provide and
receive the benefits and Services under this Agreement is
accrately set forth herein;
B. the person signing this Agreement has been duly authonzed
to execute this Agreement on that Parts behalf;
C. the execution hereof is not in conflict with law, the terms of
any charter, bylaw, artcles of association, or any agreement to
which such Part is bound or affeced; and
D. each Part may act in reliance upon any instructon,
instrment, or signature reasonably believed by it to be authonzed
and genuine.
28. Third Party Beneficiaries. The terms, representations,
warranties and agreements of the Partes set forth in this Agreement
are not intended for, nor will they be for the benefit of or enforceable
by, any third part (including, without limitation, each Part's Affliates
and End Users).
29. Insurance. Each Part shall at all times dunng the term of
this Agreement, at its own cost and expense, carr 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 responsibility 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,ÒOO,OOO,OOO
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Secton, to the extent its affliated Part
fails to meet such obligations.
29.1 Workers' Compensation with statutory limits as required in
the state of operation and Employers' Liabilty insurance with limits 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 protecton (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 oècurrence and $2,000,000 general aggregate limit.
29.3 "All Risk" Propert coverage on a full replacement cost basis
insuring all of such Part's persnal propert situated on or within the
Premises. Each Part reserves the right to self-insure this coverage. '
29.4 Each Part may be asked by the other to provide
certificate(s) of insurance evidencing coverage, and thereafter shall
provide such certficate(s) upon request. Such certificates shall:
A. name the other Part as an additional insured under
commercial general liabilty coverage;
B. indicate that coverage is primary and not excess of, or
contnbutory with, any other valid and collectble 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 warrnts that any equipment,
facilties or Services provided to the other Part under this Agreement
comply with the CALEA. Each Part will indemnify and hold the other
27. Authorization. Each Part represents and warrnts that:
January 26, 20111kjclAT&T Corp.lQwest QLSpTM MSA - (v9-20-10)
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Page 9 of 14
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, facilities or
Services provided to the other Part under this Agreement to ensure
that such equipment, facilities and Services 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 between
the Partes with regard to the subjects of this Agreement and
supersedes any prior 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
Partes, to the extent they relate in any way to the subject of this
Agreement. Notwthstanding the foregoing, certin elements used in
combination with the Service provided under this Agreeent are
provided by Qwest to CLEC under the terms and conditions of its
Interconnection Agreement ("ICA"), and nothing contained herein is
intended by the Parties to amend, alter, or otherwse modify those
terms and conditions.
Customer at any time. Nor. shall an employee, agent or
representative disclose the nature of overheard conversations, or
who partcipated in such communications or even that such
communication has taken place. Violation of such secunty may
entail state and federal criminal penalties, as well as civil
penalties. Each Part is responsible for informing and training its
respectve employees on such security requirements and
penalties.
C. The Parties' netwrks are part of the national secrity
netwrk, and as such, are protected by federal law. Deliberate
sabotage or disablement of any porton 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 Partes are responsible for their
employees with respect to such secunty requirements and
penalties.
D. Qwest shall not be liable for any losses, damages or other
claims, including, but not limited to, uncollectible or unbilable
revenues, resulting from accidental, erroneous, malicious,
fraudulent or otherwse unauthorized use of Services or facilities
('Unauthonzed 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 actvity.
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 by an End User Customer of an
unauthorized change or unauthorized service in accrdance with
Applicable Law. The Part charged with the alleged infracton 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.
(i) Qwest shall make available to CLEC, all present andfuture fraud prevention or revenue protection features with
the Services on a commercially reasonable basis consistent
with how such features are utilzed by Qwest for its own
protection. Qwest shall additionally provide partitioned
accs to fraud prevention, detection and control
functionality within pertnent Operations Support Systems
which include but are not limited to L1DB Fraud monitoring
systems
33. General Terms.
33.1 Qwest will provide general repair and maintenance services
on its facilties, including those facilities supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable service provided by Qwst.
(Ii) Qwest shall be responsible for any direct uncollectible or
un bilable revenues resulting from the unauthonzed physical
attchment to Loop facilties from the Main Distribution
Frame up to and including the Netwrk Interfce Device,
including clip-on fraud, if Qwest could have reasonably
prevented such fraud.
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 modemization
activities will. result in transmission parametérs that are within
transmission limits of the Service ordered by CLEC. Qwest will provide
advance notice of changes that affect netwrk Interoperabilty pursuant
to applicable FCC rules.
(ii) If either Part becomes aware of potential fraud withrespect to End User accunts, the Part shall promptly
inform the other Part and, at the direction of that Part, take
commercially reasonable action to mitigate the fraud where
such acton is possible.
33.3 Netwrk Security.
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 parties, 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.
33.4. Construction. Qwest will provide necessary constructon
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 ("ICB").
33.6. Responsibilty For Environmental Contamination.
B. Each Part is responsible to provide security and privacy of
communications. This entails protecting the confidential nature of
Telecommunications transmissions between End User Customers
during technician work operations and at all times. Specifically,
no employee, agent or representative shall monitor any circuits
except as required to repair or provide Service of any End User
January 26, 2011/kjclAT&T Corp.lQwest QLSpTM MSA - (v9-20-10)
(AZ=CDS-101220-0001); (CO=CDS-101220-0002); (IA=CDS-101220-0003); (ID=CDS-101220-0004); (MN=CDS-101220-0005);
(MT=CDS-101220-0006); (ND=CDS-101220-0007); (NE=CDS-101220-0008); (NM=CDS-101220-0009); (OR=CDS-1 01220-001 0);
(SD=CDS-101220-0011); (UT=CDS-101220-0012): (WA=CDS-101220-0013); (W=CDS-101220-0014)
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
harmless the other Part and its respective offcers, directors and
employees from and against any losses, damages, claims,
Page 10 of 14
demands, suits, liabilties, fines, penalties and expenses
(including reasonable attorneys' fees) that arise out of or result
from:
1. ' any Environmental Hazard that the Indemnifying Part,
its contractors or agerits introduce to the work locations; or
2. the presence or release of any Environmental Hazard
for which the Indemnifyng Part is responsible under
Applicable Law.
B. In the event any suspect materials within Qwest-owned,
operated or leased facilties are identified to CLEC by Qwest to be
asbestos containing, CLEC will ensure that to the extent any
activities which it undertkes in the facilty 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 Qwest
undertakes any asbestos control or asbestos abatement activities
that potentially could affect CLEC personnel, equipment or
operations, including, but riot limited to, contamination of
equipment.
January 26, 2011/kjclAT&T Corp.lQwest QLSpTM MSA - (v9-20-10) Page 11 of 14
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(MT=CDS-1 01220-0006); (ND=CDS-101220-0007); (NE=CDS-1 01220-0008); (NM=CDS-1 01220-0009); (OR=CDS-1 01220~001 0);
(SD=CDS-101220-0011); (UT=CDS-101220-0012); (WA=CDS-101220-0013); (W=CDS-101220-0014)
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as
amended.
"Advanced Intellgent Network" or "AIN" is a Telecmmunications netwrk
architecure in which call processing, call routing and netwrk management
are provided by means of centralized databases.
"Affliate" means a Person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the term 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 percent.
"Automatic Location Identification" or "ALI" is the automatic display at the
Public Safety Answenng Point of the caller's telephone number, the
address/location of the telephone and supplementary emergency services
information for Enhanced 911 (E911).
"Applicable Law" means all laws, statutes, common law including, but notlimited. to, the Act, the regulations, rules, and final orders of the FCC, a
state regulatory authonty, 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 authonty.
"Bil Date" means the date on which a Biling period ends, as identified on
the bil.
"Billng" involves the provision of appropnate usage data by one
Telecommunications Carner to another to facilitate Customer Billing with
attendant acknowledgments and status reports. It also involves the
exchange of information between Telecommunications Carners to process
claims and adjustments.
"Carner" or "Common Carner" See Telecommunications Carner.
"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 Carners under Section 229 of the Act.
"Confidential Information" means any information that is not generally
available to the public, whether of a technical, business, or other nature
and that: (a) the receiving Part knows or has reason to know is
confidential, proprietary, or trade secret information of the disclosing Part;
and/or (b) is of such a nature that the receiving Part should reasonably
understand that the disclosing Part desires to protect such information
against 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 Telecommunications Service
or an information service or both from a Carrier.
"Day" means calendar days unless otherwse specified.
"Demarcation Poinf' 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 frm its own End User
Customers and other Telecommunications Carners.
"Direcory 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 caller's direction.
"Due Date" means the specific date on which the requested Service is to
be available to the CLEC or to CLEC's End User Customer, as applicable.
"End User Customer" means a third part retail Customer that subscribes
to a Telecommunications Service provided by either of the Partes or by
another Carrier or by two (2) or more Carners.
"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
Reauthonzation Act, Resource Conservation Recvery 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 Carrier" or "IXC" means a Carner that provides InterLATA
or IntraLATA Toll servces.
"Line Information Database" or "L1DB" stores vanous telephone line
numbers and Special Billng Number (SBN) data used by operator services
systems to process and bill Altemately Biled Services (ABS) calls. The
operator servce system accsses L1DB data to provide onginating line
(callng number), Billing number and terminating line (called number)information. L1DB is used for callng card validation, fraud prevention,
Billing or service restrictions and the sub-accunt information to be
included on the call's Billng record. Telcordia's GR-44CORE 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 Offce 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 Carner" or "LEC" means any Carrier that is engaged in
the provision of Telephone Exchange Service or Exchange Accss. Such
term does not include a Carner insofar as such Carrier 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 Ofce and the Loop
Demarcation Point at an End User Customer's Premises
"Local Service Request" or "LSR" means the industry standard forms and
supportng documentation used for ordering local services.
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(MT=CDS-101220-0006); (ND=CDS-101220-0007); (NE=CDS-101220-0008); (NM=CDS-101220-0009); (OR=CDS-101220-0010);
(SD=CDS-101220-0011); (UT=CDS-101220-0012); (WA=CDS-101220-0013); (W=CDS-101220-0014)
~
QWEST LOCAL SERVICESPLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
"Miscellaneous Charges" mean charges that Qwest may assess in addition
to recurring and nonrecurring rates set forth in the Rate Sheet, for activities
CLEC requests Qwst to perform, activities CLEC authorizes, or charges
that are a result of CLEC's actions, such as cancellation charges,
additional labor and maintenance. Miscellaneous Charges are not already
included .in Qwet's recurring or nonrecurring rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Netwrk Element" is a facilty or equipment used in the provision of
Telecommunications Service or an information service or both. It also
includes features, functions, 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 or
used in the transmission, routing, or other provision .of a
Telecommunications Servce or an information service or both, as is more
fully described in this Agreement.
"Operational Support Systems" or "OSS" mean pre-ordering, Provisioning,
maintenance, repair and biling 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, trust or
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 Central Offce Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilties 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.
"Premises" refers to Qwests Central Offces and Serving Wire Centers; all
buildings 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 strctures.
"Proof of Authorization" or "POA" shall consist of verification of the End
User Customer's selection and authorization adequate to document the
End User Customer's 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 Carriers where one executes a request for a set of
products and services from the other with attendant acknowledgments and
status reports.
"Public Switched Netwrk" includes all Switches and transmission facilties,
whether by wire or radio, provided by any Common Carrier including LECs,
IXCs and CMRS providers that use the North American Numbering Plan in
connection with the provision of switched services.
"Service" is the combinations of Netwrk Elements, ancillary functions,
and additional features, including without limitation, the local Loop, Port,
switching, and Shared Transport as contemplated under this Agreement.
It includes for example, all the features, functions, and capabilties that
Qwest provides in connection with the service it provides to its retail
customers by means of such facility or equipment, including subscriber
numbers, databases, signaling systems, and information suffcient for
Biling and collection or used in the transmission, routing, or other provision
of a Telecmmunications Servce or an information service or both, as is
more fully described in the Agreement.
"Serving Wire Center" denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a partcular
Customer Premises.
"Shared Transport" is defined as local interoffce transmission facilities
shared by more than one Carrier, incuding Qwst, between End Offce
Switches, between End Ofce Switches and Tandem Switches (local and
Access Tandem Switches), and between Tandem Switches within the
Local callng Area, as described more fully in this Agreement.
"Switch" means a switching device employed by a Carrier within the Public
Switched Netwrk. Switch includes but is not limited to End Offce
Switches, Tandem Switches, Accss Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End Offcerrandem Switches.
"Switched Accss Traffc," as specifically defined in Qwests interstate
Switched Accss Tariff, is traffc 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 Parts netwrk.
"Tariff' as used throughout this Agreement refers to Qwest interstate
Tariff and state Tariff, price lists, and price schedules.
''Telecommunications Carrier" means any provider of Telecommunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Act). A
Telecommunications Carrer shall be treated as a Common Carrier 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 satellite service shall be treated
as common carriage.
''Telecommunications Services" means the offering of telecmmunications
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 te~e~hone
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 fumished by a single
exchange, and which is covered by the exchange .Service charae,. or
comparable Service provided through a system of Switches, transm!ssion
equipment or other facilties (~r combinations ~ere.of) by ~ich a
subscriber can originate and terminate a Telecmmunications Servce.
''Trunk Side" refers to Switch connections that have been prorammed 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 access Service, are located.
Terms not otherwse defined here but defined in the Act and the orders and
the rules implementing the Act or elsewhere in this Agreement, shall have
the meaning defined there. The definition of terms that are included here
and are also defined in the Act, or its implementing orders or rules, are
intended to include the definition as set forth in the Act and the rules
implementing the Act.
January 26, 20111kjclAT&T Corp.lQwst QLSpTM MSA - (v9-20-10)
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(MT=CDS-101220-0006); (ND=CDS-101220-0007); (NE=CDS-101220-0008); (NM=CDS-101220-0009); (OR=CDS-101220-0010);
(SD=CDS-101220-0011); (UT=CDS-101220-0012); (WA=CDS-101220-0013); (W=CDS-101220-0014)
Page 13 of 14
.
l,
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
January 26, 2011/kjclAT&T Corp.lQwest QLSpTM MSA - (v9-20-10) Page 14 of 14
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(MT=CDS-101220-0006); (ND=CDS-101220-0007); (NE=CDS-101220-0008); (NM=CDS-101220-0009); (OR=CDS-101220-0010);
(SD=CDS-101220-0011); (UT=CDS-101220-0012); (WA=CDS-101220-0013); (W=CDS-101220-0014)
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
1.0 Owest will provide Qwest Locl Servces P1atfor~
("QL$~) Servce according to the terms and conditionsset fort in the QLSP Agreement between the Partes (the
"Agreemenl) and in this Attachment 2 to the Agreement,
which is incorporated into and made a part of the Agreement
(this "Attchment"). Expt as oterwse set forth in thisAttachment, capitalize terms use but not otherwse
defned herein have the definitions assigned to them in the
Agrement. CLEC may use QLSP Service to provide any
Telecmmunications Servces, information servces, or both
that CLEC chooses to ofer subject to the terms of this
agrement.
1.1 General QLSP Seice Description.
1.1.1 QLSP Services consist of Local Switching andShared Transport in combination. Qwest Advance
Intellgent Netwrk ("AIN") Servces, e.g., remote access
forwarding, and Qwest Voice Meaging Servces ("VMS")
may also be purchased with compatible QLSP Servce.
These Network Elements will be provided in compliance with
all Telcordia and other industr standards and technical and
performance specfications to allow CLEC to combine the
QLSP Servces with a compatible voicemail prouct andstutter dial tone. Owest wil provide accss to 911
emergency servces and provision directory listings in
accrdance with the terms and conditions of CLEC'sinterconnection agreements ("ICA"). However, the
applicable rate for all end user premium and privacy
direcory listings (with the excption of residential additional
listings, i.e., USOC RLT) are set fort in the rate sheet
attached to this Agreement. As part of the QLSP Servce,
Qwest combines the Networ Elements that make up QLSP
Servce with analog/digital capable Loos, with such Loops
(including servces suc as line splittng) being provided inaccrdance with the rates, terms and coditions of the
CLEC's ICAs. CLEC may also purchase Qwst Comercial
High Speed Intemet (HSI) Serce (also known as Owest
Digital Subscrber Linec (DSL)), under a separate Sece
agrement, to be used with compatible QLSP Servce.
Nothing in this Seon 1.1.1 is intended to or shall be
constru to abridge or expand any rights or obligations of
either Party under the CLEC's ICAs or operate as a waiver
of any claim asserted in any arbitrtions or litigation arising
out of CLEC's ICA, including, but not limited to, the pendingarbitration styed as rCG Phoenix, et at. v. Qwest
Copoation, Aritration No. 77 494 Y 00465 10 nolg. The
Parties understand and expresly agree that the provision of
end user premium and privacy directory listings at the rates
set fort in this Agreement are searate and binding stand-
alone rights and obligations between the Partes and do not
abridge or expand any rights or obligations contained in the
ICA between the Parties.
1 .1.2 QLSP Servce is available in six diferent servce
arrangements, each of which is described more fully below:QLSP Residential; QLSP Business; QLSP Centrex
(incuding Centrex 21, Cetrex Plus and, in Minnesota only,Centrn); QLSP ISDN BRI; QLSP Public Access Lines
("PAL"); QLSP PBX Analog DID and non-DID (one way and
two way) trnks.
equivalent QLSP Servce. Any such withdrawal will followapplicable Owest Wholesale/Resale notification processesand reulatory reuirements.
1.2 Combination of QLSP Service wih Loops. Expt as
described below, the Loop will be provided by Owest under
the applicable ICAs in effect between Qwest and CLEC at
the time the order is placed. As part of the QLSP Servce,
Owest will combine the Local Switching and Shared
Transport Netwk Elements with the Loop.
1.2.1 Pursuant to the order issued by the FCC
pertining to the availabilty of Unbundled Network Element
("UNE") Loops under Section 251(c)(3) of the Ac in itsReport and Order-Petiion of Qwest Corpation for
Forbearance Pursuant to 47 U.S.C. § 160(c in the Omaha
Metrpolitan Statisticl Area, FCC 05-170, WC Docket No.
04-223, (efecve September 16, 2005), Qwest will provide
to CLEC the Loop element of QLSP Servces purchased in
the following nine Omaha Nebraska Wire Centers under the
terms and conditions of the Agreement and this Atchment
at Rates provided in the Rate Sheet: Omaha Douglas;
Omaha Izard Street; Omaha 90th Steet; Omaha Fort Strt;
Omaha Fowler Steet; Omaha 0 Street; Omaha 78th Stret;
Omaha 135th Stree; and Omaha 156th Stret.
1.2.2 The following QLSP Servce types will be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(including Centrex 21); Centrex Plus; Centron in Minnesota
only; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP ResidentiaL.
1.2.3 QLSP PBX Analog 2-Way DID Trunks will be
combined with 4 wire loops.
1.3 Local Switching. The Locl SWtching Netrk Element
("Locl Switching") is collectvely the Line Side and Trunk
Side facilities in the local serng Qwest end offce SWtch
which provides the basic switching functon, the port, plus
the features, functons, and capabilities of the switch
including all compatible, available, and loaded vertcal
features (e.g., anonymous call rejection) that are loaded in
that switch. Vercal features are softare attributes on end
offce SWtches and are listed on the Owest wholesale
website. Qwest signaling is provided with Local SWtching
solely as descrbed in Section 1.4.2 of this Attchment. The
followng Local SWtching port are available with QLSP
Servce: Analog Line Port, Digital Line Port Supporting
Basic Rate Interface-Integrated Servces Digital Network
("BRI ISDN"), and Analog Trunk Port.
1.3.1 Analog Line Port. Line Port attibutes include:
telephone number dial tone; signaling (Loop or ground
start); on/of hook detecton; audible and power ringing;
Automatic Message Accunting (AMA Recording); and
blocking options.
1.3.2 Digitl Line Port Supporting BRlISDN. 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 for
signaling and 0 Channel Packet) Line Side Switch
connecon with BRI ISDN voice and data basic elements.
For flexibilty and customiztion, optional features can be
added. BRI ISDN Port doe not ofer B Channel Packet
service capabilties. The servng arrangement conforms to
the intemationally developed, published, and reconized
January 26, 20101kclAT&T Corp./Attchment 2 - QLS~ - (v8-20-10)(negot) 1
(AZ=CDS-101220-o001); (CO=CDS-101220-o002); (IA=CDS-101220-o003); (ID=CDS-101220-o004); (MN=CDS-101220-o005);
(MT=CD5-1 01220-(006); (ND=CDS101220-o007); (NE=CD5-101220-00OB); (NM=CDS-101220-o009); (OR=CD5-101220-o010);
(SD=CDS-101220-o011); (UT=CDS101220-o012); (WA=CDS-101220-o013); (WY=CDS-101220-Q14)
1 .1.3 Nothing in this Attachment or the Agreementprecludes Owest from withdrawing availabilty of
comparable, functonally equivalent servces from its reil
end user customers. In the event of such withdrawal or
discontinuation, Qwst may also withdraw availability of the
QWEST LOCAL SERVICES PLATFORM(l AGREEMENT
ATTACHMENT 2-QLSP(l Service Description
standards generated by Intemational Telegraph and
Telephone Union (formerly CCITT.
discrminator accss to Qwests L1DB database and ICNAM
database as part of the delivery of QLSP Servce.
1.3.3 Analog Trunk Port. DSO analog trunk Port can be
configured as DID, DOD, and tw-way.
1 .3.3.2 All trunks are designed as 4-Wire leaving
the Central Offce. For 2-Wire service, the trunks are
convered at the End User Customer's location.
1.4.4 The L1DB database cotains the following data:
various teephone line numbers and specal billng number
(SBN) data; orginatng line (callng number); biling number
and terminatng line (called number) information; callng card
validation; frud prevetion; Billing or service retrictons;sub-ccnt infation to be included on the call's Billng
re; and callng card, biled to third number, and colec
call infnntion use in processing A1temately Billedservæs (AB).
1.3.3.1 Analog trnk Port provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or
4-Wire connectons. This Trunk Side conecton
inherently includes hunting within the trunk group.
1.3.3.3. Twoway analog DID trunks are capable of
initiating out going calls, and may be equipped with
either rotary or touch-tone (DTMF) for this purpse.
When the trunk is equipped with DID call transfer
feature, bot the trunk and telephone instruments
must be equipped with DTMF.
1.4.5 The ICNAM database is use with ceain end
offce Swtch features to provide the callng party's name toCLEC's End User Customer with the applicable feature
capability. The ICNAM database contains current listed
name data by working telephone number servd or
administered by Qwest, including listed name data provided
by other Telecommunications Carrers partcipating in
Qwests callng name delivery service arrangement.
1.3.3.4 Two-way analog OlD trnks require E&M
signaling. Qwest will use Type I and II E&M
signaling to provide these trnks to the PBX. Typ II
E&M signaling from Qwest to the PBX will be
handled as a special assembly request via ICB.
1.4.6 Qws! will provide the listed name of the callng
part that retes to the calling telephone number (when the
infnntion is actally available in Qwts database and the
delive is not bloced or oterwse limited by the calling
part or oter appropriat request).
1 .3.4 Usage. Local Switching Usage is biled on a
Minute of Use ("MOU" basis as described within this
Attachment. Rates for "Local Swtch Usage" or "Local Swtch
MOUs" are provided in the QLSP Rate Sheet.
1.4.7 For CLEC's QLSP End User Customers, Qwest
will loa and update CLEC's QLSP End User Customers'
name infrmation Into the L10B and ICNAM databases frm
CLEC's completed servce orders. CLEC is responsible for
the accracy of its End User Customers' information.
1.4 Vertical Features and Ancilary Funcions and services.
1.4.1 QLSP Servce includes nondiscriminatory accss to
all vertcal features that are loaded in the Local servng
Qwest end ofce switch.
1.4.8 Qwest will exercise reasonable efforlS to provide
accurate and complete L1DB and ICNAM information. The
information is provided on an as-is basis with all faults.
Qwst does not warrant or guarantee the correctess or the
completeness of such inforation; however, Qwest will
access the same database for CLEC's QLSP End User
Customers as Qwest accsses for its own End User
Customers. Qwest wil not be liable for system outage or
inaccessibility or for losses arising frm the authorized use of
the data by CLEC.
1.4.2 Local Swtching includes use of Qwests signaling
networ (ISUP call set-up) solely for Local Traffc. "Local
Traffc" and "Local Calls" means calls that originate and
terminate within the Locl Callng Area as defined in the
Qwest tariff. Qwest will provide servce cotro points in the
same manner, and via the same signaling links, as Qwest
uses such servce contrl points and signaling links to
provide servce to its End User Customers served by that
switch. Qwests call related databases include the Line
Information Database (L1DB), Intemetwork Callng Name
Database (ICNAM), 8XX Database for toll free calling, AIN
Databases, and Local Number Portbility Database. CLEC
will not have access to Qwests AIN-base servces that
qualify for proprietary treatment, excpt as expressly
provided for in the Agreement or this Attachment. Local
Switching does not include use of Qwests signaling netrk
for Toll Trafc. "Toll Traffc" and "Toll Calls" means intr local
accss and trnsport area ("LATA") or interLTA calls that
originate and terminate outside of the Local Callng Ara as
defned in the Qwest tari. For all Toll Traffc originated by
or terminated to CLEC's QLSP End User Customer, Qwest
may bil applicable tariff charges, including 557 message
charges (ISDN User Part (ISUP) and Transaction
Capabilities Application Part (TCAP)), to the Interexcange
Carrier (IXC) or other wholesale 557 provider.
1.4.9 Qwest will not charge CLEC for the storage of
CLEC's QLSP End User Customers' information in the L1DB
or ICNAM databases.
1.5 Shared Transort and Toll.
1.4.3 ICNAM and LIDS. CLEC wil have non-
January 26, 2010/kjclAT&T Corp.JAttachment 2 - QLSP( - (v8-20-10)(negot)
(AZ=CDS-101220-o001); (CO=CDS-1 01220-0002); (IA=CDS-1 01220-0003); (ID=CDS-1 01220-0004); (MN=CDS-101220.o005);
(MT=CDS-1 01220.0006); (ND=CDS-1 01220-0007); (NE=CDS-101220.o008); (NM=CDS-101220.o009); (OR=CDS-101220-o010);
(SD=CDS-1 01220-0011); (UT=CDS-101220.o012); (WA=CDS-1 01220-0013); (WY=CDS-101220.o014)
1.5.1 Shared Transport. The Shared Transpor
Netwrk Element ("Shared Transport") provides the
collective interoffce transmission facilities shared by various
Carriers (including Qwest) between end-oce switches and
beteen end-offce switches and local tandem switches
within the Local Callng Ara. Shared Transport uses the
existing routing tables resident in Qwst switches to carr
the End User 'Customer's originating and terminating
local/extended area servce interofce Local traffc on the
Qwest interofce message trnk network. CLEC traffc will
be carred on the same transmission facilities between end-
offce switches, betwee end-offce switches and tandem
switches and beteen tandem switches on the same
netwok facilities that Qwest uses for its own trafc. Share
Transpor doe not include use of tandem switces or
2
QWEST LOCAL SERVICES PLATFORM(l AGREEMENT
ATTACHMENT 2-QLSP(l Servce Descripton
transport between tandem switches and end-ce switches
for Local calls that originate from end users serv by non-
Owest Telecommunications Carrier ("carrier(s)") which
terminate to QLSP End Users.
Side Port (supporting BRI ISDN), and Share 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 otherwise provided for in the
Agreement.
1.5.2 Originating Toll calls frm, and terinating Toll
calls to, QLSP End Users wil be delivered tolfom the
designated IXes from the Owest end-oce swiches and
accss tandems using the collecive interoce transmission
facilities provided as Shared Transport.
1.5.3 IntraLATA and InterLATA Carrer Designaion.
QLSP includes the capabilty for selection of the inter T A
and intraLATA Toll provider(s) on a 2-Primary Interexctnge
carrer (PIC) basis. CLEC will designate the PIC
assignment(s) on behalf of its End User Customers lor
interLATA and intraLATA Servæs. All CLEC initiated PIC
changes wil be in accrdance with all Applicable La, rules
and reulations. Owest wil not be liable lor CLEC's
improper PIC change requests.
1.6.4 QLSP PAL is available to CLEC for only CLEC's
Payphone Servce Providers (PSPs) and is the cobination
of an analog Line Side Por and Shared Transport provided
under the Agreemet with an analog - 2 wire voice grade
Loop provided in accrdance with CLEC's ICA, expt forthose Loops that are oterwise provided for in the
Agreement.
1.6.5 QLSP PBX is available to CLEC for CLEC's
business End User Customers.
1.5.4 Qwes IntraLATA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Qwet does not
authorize CLEC to offer, request, or select Owest LPIC 5123
service to CLEC's End User Customers for intraLA TA toll
servce with any QLSP Servce in any state. In the event
CLEC assigns the Owest LPIC 5123 to CLEC's End User
Customers, Owest will bil CLEC and CLEC wil pay Qwt
the rates contained or reerence in the attched Rate
Shee.
1.6.5.1 PBX analog non-DID trunks are combinations
of an analog Line Side Port and Shared Transport
provided under the Agrement with an analog - 2 wire
voice grade Loop provided in accrdance with CLEC's
ICA, exæpt for those Loops that are otherwise
provided lor in the Agrement.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trnk Port and Shared Transport
provided under the Agreement with an Analog - 2 wire
voice grade Loop provided in accrdance with CLEC's
ICA, except for those Loops that are otherwse
provided for in the Agrement.
1.5.5 Usae. Shared Transport is billed on a MOU
basis as described within this Attachment. Rates lor
"Share 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 trnk Por and Shared Transport
provided under the Agreement with an Analog - 4 wire
voice grade Loop provided in accordance with CLEC's
ICA, except for thos Loops that are otherwse
provided lor in the Agrement.1.6 QLSP Service Arangement Desriptions.
1.6.2 QLSP Centrex is available to CLEC for GLEC's
business End User Customers. QLSP Cetrex Servæs
include centrex 21, Centrex Plus and, in Minnesota only,
centron, and are the combination of an analog Line Side
Port and Share Transport provided under the Agreement
with an analog - 2 wire voice grade Loop provided in
accordance 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 ICA, except as
otherwse provided for in the Agreement. QLSP Residential
may be ordered and provisioned only fo residential End
User Customer application. The defnition of residential
servce is the same as in Owests retail tari as applied to
Qwesl's End Usr Customers.
1 .6.1 QLSP Busines is available to CLEC for CLEC's
business End User Customers and is the combination of an
analog Line Side Port and Share 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 otherwise provided for in the Agreement.
1.6.2.1 CLEC may request a conversion frm centrex
21, centrex-Plus or Centron servce to QLSP Business or
QLSP ResidentiaL. The Conversion NRC(s) provided in
the Rate Sheet wil apply.
1.6.6.1 In order lor CLEC to receive QLSP
Residential rates via the monthly Residential End User
Credit provided in the Rae Sheet, CLEC must identify
residential end users by working telephone number
(WTN) utilizing the LSR procss as described in the
Owest wholesale wesite.
2.0 Additional Terms and Conditions and Service Features.
2.1 QLSpTM serces wil not be subject to any line limitations.
Owest does not warrant the availabilty of facilities at any
servng wire center. QLSP Servces will not be available if
facilities are not available. Qwest represents and warrants
that it wil not otherwse restrict facilities eligible to provide
QLSP Servce and that any and all facilities that would
otherse be available for retail servce to a Owest End User
Customer will be considered eligible for use by CLEC for
3
1.6.2.2 Owst will provide aass to Customer
Management System (CMS) with QLSp-centrx at therates set fort in the Rate Sheet.
1.6.3 QLSP ISDN BRI is available to GLEC for CLEC's
End User Customers and is the combinaton of a Digital Line
January 26, 2010/kjcJAT&T Co.lAttachment 2 - QLSNl- (vS-20-10)(negot)
(AZ=CD8-101220-o001); (CO=CDS-101220-ooo2); (IA=CD8-1 01220-0003); (ID=CD8-1 01220-0004); (MN=CD8-1 01220-0005);
(MT=CDS-101220-ooo6); (ND=CDS-101220-o007); (NE=CDS-101220-oo08); (NM=CDS-101220-o009); (OR=COS-101220-o010);
(SD=CD8-1 01220-0011); (UT=CDS-101220-o012); (WA=CDS-101220-o013); (WY=CDS-101220-o014)
QWEST LOCAL SERVICES PLATFORM!l AGREEMENT
ATTACHMENT 2-QLSP!l Servce Descripton
QLSP Servce to serve that same End User Customer.
2.2 Loop Start ("LPS") to Ground Start ("GST") and GST to
LST Changes ("LPSIGST Change'') are available with
QLSP Servæs. POTS Servces (e.g., a QLSP Centrx 21
line) can functionally and operationally be provisioned as
either LPS or GST. Unless specifcally requested otherwse,
Qwest provisions POTS Servces as LPS. GST is generally
provisioned for Prvate Branch Exchange ("PBX") type
servces. LPS/GST Changes allow the CLEC to request a
facility served by LPS to be changed to GST or vice versa.
Additional information and ordering requirements are
detailed on the Qwest Wholesale website.
2.3
2.2.1 The Subseuent Order Charge provided in the
QLSP Rate Sheet and the Qwest retail Tariff nonrecurrngcharge ("NRC") for LPSIGST Changes, less an 18%
wholesale discont, wil be added to service orders
requesting LPS/GST Changes.
Daily Usage Fee (DUF). Qwest will provide to CLEC
certin originating and terminating call records ("usage
information") generated by CLEC's QLSP end user via a
DUF.
2.3.1 Qwt will provide to CLEC Local cali usage
information within Qwests contrl with repect to calls
originated by or terminated to CLEC QLSP End User
Customers in the form of the actual information that is
comparable to the inforation Qwest uses to bil its own End
User Customers. Without limiting the generality of the
foregoing, Qwest shall provide CLEC with the Daily Usage
Feed billng information.
2.3.2 Qwest will provide to CLEC usage information
necsary for CLEC to bil for interLA TA and intraLA T A
excange access to the IXC (excluding intraLA T A usage
information if Qwest LPIC 5123 is seleced as the intraLATA
Toll provider) in the form of either the actual usage or a
negotiated or approved surrate for this information, as
such biling is descrbed and allowed under secton 3.7 of
this Attchment. These exchange accss records will be
provided as category 11 EMI records via the DUF,
2.3.3 Qwest wil provide DUF records for the following:
all usage occrrences billable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interpt (BLI);
originating locl usage; usage sensitive CLAS features;
and Qwest-provided intraLATA tolL.
2.3.4 Local Call usage recods will be provided as
Category 01 or category 1Ö EMI records via the DUF.
Terminating Local cali usage records are not collected or
available and will not be provided.
2.4 Feature and interLTA or intraLATA PiC changes or
additions for QLSP, will be procesed cocurrentiy with the
QLSP order as specified by CLEC.
2.5 Accss to 911/E911 emergency Servces for CLEC's End
User Customers will be available in accance with CLEC's
ICA. If Qwest is no longer obligated to provide accss to
911/E911 emergency serces in accrdance with 47 U.S.C.
§251 , Qwest will then provide such servæs under theAgreement with respect to all CLEC QLSP Sece End Usr
Customers and new QLSP Servce End User Customers, to
the sae degree and extent tht 911/E911 emergency
seræs were provide by Qwest pror to the elimination of
9111E911 emergency seces as an obligation under 47
U.S.C. §251.
2.6 Qwest AIN and VMS are ofered on a commercial basis and
may be purchased with QLSP at the rates set fort in the
attached Rate Sheet. Retail promotions may not be
combined with QLSP.
2.7 If Qwest deveops and deploys new local switch features for
its End User Customer, those switch features will be
available with QLSP Sece in the same areas and subject
to the same limitations. The rates that Qwest charges for
such new local switch features will not in any case be higher
than the retail rate Qwest charges for such features.
2.8 Nothing in 'the Agreement alters or affects CLEC's right to
reeive any applicable universal servce subsidy or other
similar payments.
2.9 Qwest Operator Servces and Direcory Assistance Serces
are provided under the terms and conditions of CLEC's
ICA.
3.0 Rates and Charges.
3.1 The rerrng ("MRC") and NRC rates for QLSP Servces
and all assocated QLSP applicable usage-based rates and
miscellaneos charges are set for or incorporated by
reference into the attached QLSP Rate Sheets. Rates for
QLSP Servæs are in addition to the applicable rates for
elements and Servces provided under CLEC's ICA.
Applicable intercarrier compensation rates and charges
(such as accss charges, recprol compensation, andoter charges for elements and servæs) are applicable and
are provided under a separate Agrement or Tariff, and are
not modified by this Agreement.
QLSP rates Effecive Date through Term. Starting on the
Effecve Date of the Agreement, rates for the Servce wil be
those provided or reference in the attched Rate Sheet.
The MRCs for the switch port will be adjusted annually,
effectve January 1 of each year through the term of the
Agreement, as provided herein. CLEC is eligible for and will
recive disconts on the Basic Plan switch port MRCs if it
meets the volume plans described below. Discounts are not
cumulative and Qwest will apply the highest discunt rate for
which CLEC qualifies. Basic Plan MRCs wil apply if CLEC
does not qualif for any discount.
3.2
3.2.1 90% YOY Volume Retntion Plan: If the
number of CLEC's QLSP total lines as of October 31 of
each yer equals or exceeds 90% of the sum of
CLEC's QLSP total lines as of October 31 of the
preceding year, CLEC will qualify for a 10% discont of
of the Business Port and a 2% discount of 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 yer equals or exceeds 115% of the sum of
CLEC's total QLSP lines as of October 31 of the
preceding year, and the YOY line increase is equal to
or greater than one thousand five hundred (1,500)
QLSP lines, CLEC will qualify for a 30% discount of of
4January 26, 20101kjclAT&T CoJAttachment 2 - QLSpi - (v8-20-10)(negot)
(AZ=CDS-1 01220-0001); (CO=C08-101220-0002); (IA=CD8-1 01220-0003); (ID=CDS-101220-0004); (MN=CDS-101220-000q);
(MT=CDS-1 0122-0006); (ND=CD8-101220-0007); (NE=CD8-10122-oo08); (NM=CDS-101220-Ooo9); (OR=CDS-101220-001 0);
(SD=CDS-101220-0011); (UT=CDS101220-0012); (WA=CDS-101220-0013); (WY=CDS-101220-0014)
~3.8.3 Originaing IXC Toll calls. Thi~.. ... ... .( Foma: Bulle and Numbering
originating Toll caii reuires switching by. the local servng
Qwest end ofce. If the OLSP End User's seleced IXC
does not have directtrunking to the local serving Qwest end
offce Shared Transpori is required to deliver that call to the
Acc~ Tandem for delivery to the IXC. When this call tye
is originated by a OLSP end user, Local Switch Usage
provided in the OLSP Rate Sheet applies. Additionally, if
Shared Transport is necessary to delive th call to the
Access Tandem, Shared Transport Usage charges provided
in the OLSP Rate Sheet will apply.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
3.3
the Business Port MRCs and a 6% discount off of theResidential Port MRCs applicable during the next
calendar year.
For purposes of counting CLEC's totl OLSP lines in section
3.2 as of Ocober 31 of each yer, Qwest will include all
OLSP lines, if any, frm the previous year. For example, to
determine 2011 OLSP rates, Qwest wil use the totl number
of CLEC's OLSP lines as of Octber 31, 2009 compare to
CLEC's total number of OLSP lines as of October 31, 2010
in orer to calculate CLEC's discunt eligibility on January 4,
2011. Each subsequent adjustment wil be efectve on each
January 1 during the term of the Agreement.
Except as oterwse provided herein, Qwest will provision
the Loop element combined with a OLSP Servce in
accrdance with the terms and conditions of CLEC's
intercnnecton agreements.
3.4.1 Loos provided under th Agreement. Upon
thirty (30) Days notice via the standard commercal
notication process, Owest may change monthly recurrng
charges for the Omaha. Nebraska Loo elements provided
under the Agrement as a result of a Nebraska PSC orderimpacting unbundled loop rates. Additionally,
notwithstanding the rates refected in the Nebraska OLSP
Rate Shee, the Partes undertand and agree that Qwest
has the right to adjust commercial port rates in Nebraska
afer the Nebraska PSC issues a final order related to
Application No. G-54/Pt-112 and CLEC's continued use ofany Sèrvices in Nebraska constitutes its accptance of such
updated rates.
CLEC will be responsible for biling its OLSP End User
Customers for all Miscelaneos Charges and surcarges
reuired of CLEC by statue, regulation or as otherwiserequired.
servd by a carrer that routes throgh Qwesl's netwk and
which terminates to a OLSP End User, Owst retains its
rights to bil the originating carrer Transit charges for that
call under the originating carrier's Agrement.
3.7.4 Other. Qwest retains it rights to billXCs or othr
carrer, as applicable. any and all other accss charges
and assesments not expressly addresse in this secton,
including but not limited to flat rate transpo charges, in
accordance with the applicable Tariff
3.8 Local Swtching Usage and Share Transort Minute of
Use (MOU) This secton describes the use of the Qwest
network for diferent call types originated by or terminated to
OLSP End Users. This secton does not affect Owesl's
rights to charge IXCS for signaling as described in Section
1.4.2 of this Attchment.
3.8.1 Originating IntraOfce Local Calls - This
originating Local cali reuires switching by the local servng
Owest end ofce Switch only. When this call type isoriginated by a OLSP End User, Local Swtc Usage
charges provided in the OLSP Rate Sheet will apply. For
these call types that also terinae to an end user se by
a Carrer, Owet may pay that carrier certin terminating
compensation charges under terms and coditions of a
separate ICA.
3.4
3.5
3.8.2 Originating InterOce Local Calis. . This
originating Local cali requires switching by the local servng
Qwest end ofce and other interofce switching for Local
trac. When this call type is originated by a OLSP end user,
Local Swtch Usage per MOU and Shared Transpor per
MOU charges provided in the Rate Sheet wil apply. For
these call tyes that also terminate to an end user servd bya non-Qwest carrer, Qwest may pay that Carrer certin
terminating compensation charges under terms and
conditions of a separate ICA3.6 CLEC will pay Qwest the PiC change charge associated with
CLEC End User Customer changes of interLATA or
intraLATA Carrers. Any change in CLEC's End User
Customers' interLA T A or intraLA T A Carrer must be
reuested by CLEC on behalf of its End User Customer.
3.7 Intercarrer Compension. Except as specifically
described in this Secton, the Agreement does not change or
amend applicable intercarrer copensation arrngements
(including but not limited to Switched Accs, Signaling, orTransit charges) beteen any parties. including between
Qwest and Carrers or IXCs.
3.7.1 Switched Acces. For OLSP End User
Customer(s), Qwest will not charge to or collect from the IXC
usage based Switched Acess charges (Switched Acess
Local Switching, Tan Swichig, Common Tranport
Muplexing, End Ofce Share Port, Tandem Transmission
and Carrer Common Line) for InterLATA or IntraLATA Toll
Calls originating or terminating frm that OLSP End User
Customer's line to an IXCCLEC will be responsible for billng
IXCs Switched Access charges in conection with OLSPServces3.7.2 Signaling. Owest retains its rights to
charge IXCS for signaling usage (ISUP Signal Formulation.
ISUP Signal Transpor, and ISUP Signal Switching, as well
as L10B, ICNAM and 8XX) associated with interLTA and
intraLATA Toll Calls originated by or terminated to a OLSP
End User under the applicable Tariff.
J,$,-2.1 Terminaing IntOfce and
IntrOce Locl Calls. This terminatng . Local Call
reuires switching by the local servng Qwest end ofce andin certain instance other interofce switching within the
Local callng are. When a call is terminated to a OLSP end
user, no charges wil apply under OLSP. For these ?B1l
types that originate frm an end user serd by a carrer,
Qwest retains its rights to bil that Carrer certin Transit
charges as describe in Secton 3.7 above.
3.8.5 Terminaing IXC Toll Calls. This terinatng Toll
cali always requires switching by the local servng Qwest
end offce. If the originating caller's IXC doe not have direct
trunking to the OLSP end user's locl servng Owst end
offce switch, Shared Transport is required to terminate thecall to the receiving OLSP end user. When this call ty is
3.7.3 Transit. For any call originated by an end user
January 26 20101kjclAT&T CorpJAttchment 2 - OLSP~ - (v8-20-10)(negot)
(AZ=COS-101220-o001); (CO=COS-101220-o002); (IA=COS-1 01220-0003); (lD=C05-101220-O04); (MN=COS-101220-o005);
(MT=C05-1 01220-0006); (ND=CO-10122-o007); (NE=C05-101220-o008); (NM=COS-101220-o009); (OR=COS-10122-o010);
(SD=COS-1 01220-0011); (UT=CDS-101220-o012); (WA=C05-1 01220-0013); (WY=C05-101220-o014)
5
QWEST LOCAL SERVICES PLATFORMIl AGREEMENT
ATTACHMENT 2-QLSPIl Servce Description
terminated to a QLSP end user, Local Switch Usage
charges provided in the Rate Sheet will apply. Additionally,
if Share Transport is necssary to deliver the call to the
QLSP end user from the access tandem, Shared Transport
Usage charges provided in the Rate Sheet will apply.
;;..lU¡.1lh\ì.Originating Toll Calls when QC is the
IntraLATA Toll provider. Se Seion 1.5.4 above.
3.9 Qwest will have a reasonable amount of time to implement
system or other changes necesary to bil CLEC for rates or
charges associated with QLSP servces.
3.10 QLSP Services have a one-month minimum servce period
requirement for each CLEC End User Customer. The one-
month minimum servce period is the period of time that
CLEC is required to pay 100% of the MRC for the Servce
even if CLEC does not retain servce for the entire month.
QLSP Services are billed month to month and will after the
one month minimum servce period is satsfied be pr~rated
for partial months based on the number of days Servce was
provided.
3.11 The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing servce,including changing a telephone number, initiating orremoving suspension of servce, denying or restorng
servce, adding, removing or changing features, and other
similar requests.
4.0 Systems and Intrface.
4.1 Qwest and CLEC will support the use of current ass
interface and ass business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time.
4.2 QLSP Servces are ordere utilzing the LSR process as
described in the Qwes! wholesale website.
4.3 Prior to placing an order on behalf of each End User
Customer, CLEC will be responsible for obtaining and will
have in its possession a Proof of Authorization as set fort in
the Agreement.
4.4 When Qwest or another provider of choice, at the End Usr
Customer's reuest, orders the discontinuance of the End
User Customets existing servce with CLEC, Qwest will
render its closing bill to CLEC effective as of the
disconnection. Qwest will noti CLEC by FAX, ass
interface, or other agreed upon processes when an End
User Customer moves to Qwst or another sece provider.
Qwest wil not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End
User Customer.
4.5 The Parties will provide each oter with points of contact for
order entry, problem resolution, repair, and in the event
special attention is required on servce request.
bill its End Users or other Carrers (including Qwest), Qwest
will work with CLEC in good faith to deliver such information.
6.0
6.1
Maintnance and Repair.
Qwest will maintain facilities and equipment that comprise
the QLSP servce provided to CLEC. CLEC or its End User..
Customers may not rearange, move, disconect or attempt
to repair Qwest fadlities or equipment, other than by
connecon or disconecion to any intenace betwee Qwest
and the End Us Customer, without the wrtten cosent of
Qwest.
Qwest will provide general repair and maintenance Servce
on its fadlities, including those facilities supporting QLSP
Servces purchased by CLEC. Qwest will repair and retore
any equipment or any other maintainable component that
adversy impacts CLEC's use of QLSP Servce. Qwest and
CLEC will cooperate with each other to implement
procedures and procsses for handling servce-aecting
events. Ther will be no charge for the Servces provided
under this Secton 6, except as set fort in the Rate Sheet.
6.2
7.0 Commercial Performance Measure and Reporting,
Performnce Targets and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
Indicated on Signature Page).
Each Party will provide suitably qualified personnel to
penorm its obligations under the Agreement and all QLSP
servces in a timely and efcient manner with dilgence and
care, consistent with the prossional standards of practce
in the industry, and in coformance with Applicable Law.
The QLSP Sece attributes and process enhanceents are
not subject to the Change Management Prces l"CMP").
CLEC proposed changes to QLSP service attbutes and
process enhanceents will be communicaed through the
standard accunt interface. Change requests common to
shared systems and proceses subjec to CMP will continue
to be addresse via the CMP procedures.
7.1
7.2 Qwest will provide commercial perrmance measurements
and reporting against established performance targets with
QLSP Servce. The following perrmance measurements
wil apply to QLSP Residential and QLSP Business: (a) FirmOrder Confirmations (FOCs) On Time; (b) Instllation
Commitments Met; (c) Order Installation Interval; (d) Out of
Servce Cleared within 24 Hours; (e) Mean Time to Restore;
and (flTrouble Rate.
7.3 Commercial measurement defnitions, metodologies,
perfrmance targets and reorting requirements are set forth
in Attchment 3 to the Agreement. Qwest will provide CLEC
with the raw data necessary to allow CLEC to disaggregate
results at the state leveL. Reportng of these perfrmance
measures will be applied for actvity beginning the first full
month of Servce after January 4, 2011.
7.4 CLEC will be entitled to servce crdits only for each
instance of a missed installation commitment and each
instance of an out of servce condition that is not cleared
within 24 hours occurrng after January 4, 2011. All servce
crits will be applied automatically by Qwest as crdit
against CLEC's bil for the biling period followng the one inwhich the credits were acced. Creits for Serces
provided under the Agreement will be applied for activity
beginning the first full month aftr January 4, 2011. Any
credits or payments related to the servces provided prior to
the first full month following January 4, 2011 and in
6
Qwest will bil CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Billing period, in an
agreed upon standard electronic format. Billing informationwill include a summary bil and individual End User
Customer sub-account information. W CLEC needs
additional or diffrent billng information in order to properly
January 26, 2010/kjclAT&T CoJAttachment 2 - QLSPIl - (v8-20-10)(negot)
(AZ,"COS-1 01220.(001); (CO'"CDS-1 01220.(OO2); (IA'"CDS-101220'(OO3); (ID'"CDS-101220'(004); (MN'"CDS-10122-o005);
(MT'"CDS-101220.(006); (ND'"CD$-101220'(007); (NE'"CDS-101220-0008); (NM'"CDS-10122'(009); (OR'"CDS-101220-O10);
(SD'"CDS-101220'(011); (UT'"CDS-1 01220.(012); (WA'"CDS-10122'(013); (WY'"CO$-10122'(014)
5.0
f~~~i::~~ï.i~~:~~~~~~i;ring _:::::::J
QWEST LOCAL SERVICES PLATFORMIi AGREEMENT
ATIACHMENT 2-QLSPIi Servce Description
accrdance wiUi CMP, PID, PAP or any oUier wholesale
servce quality standards will no longer be applied beginning
the first full monUi afer January 4, 2011.
7.4.1 Installation Commitments Met. For each
installation commitment that Owest, through its own
fault, fails to meet, Owest will provide a servce credit
equal to 100% of Uie nonrecurring charge for that
installation. Owest will use the state installation
nonrecurrng charge contained in the Agreement for
that orer tye in calculating the credit. The defnition
of a "missed installation comitment" and the
associated exclusions are described in Attachment 3 to
the Agreement.
7.4.2 Out of servce Oeared within 24 Hours. For
each out-o-serce condition that Owest, Uirough its
ow fault, fails to resolve within 24 hours, Qwest wil
provide a servce credit equal to one day's recurrng
charge (monthly recurrng charge divided by 30) for
each day out of servce beyond the first 24 hours. (For
example, if the out-of-servce condition exists for 25 to
47 hours, CLEC will be entitled to a credit equal to Uie
monthly recurring charge divided by 30. If the out-o-
servce condition existed for 48 to 71 hours, the creit
would equal two times Uie monthly recurrng charge
divided by 30).
8.5 Notwthstanding the dispute resolution provisions in Uie
Agreement, the Partes will resolve any dispute, claim or
controversy arsing out of, or relating to, Uie PID and/or PAP
under the dispute resolution procs descbed in the PAP.
8.0 service Penonnance Measures and Reporting and
Perfonnance Asurance Plan (PIOIP AP) (for Washington
only, If Washington 8.0 is selected by CLEC as Indicate
on the Signature Page to the Agreement).
8.1 If seected by CLEC under the tenns and conditions of the
Agreement and Uiis Attachment, Owes will, in Washington
only, provide perfnnance measurements, reportng, and
remedies compliant with Uie Washington Performance
Indicator Oefinitions ("PIOs") and the Qwest WashingtonPerfnnance Assurance Plan ("PAP") for the servces, if
eligible, provided under Uie Agrement and this Attchment.
Only in the state of Washington, and only if expressly
seleced by CLEC under the tens and conditions of UieAgreement and Uiis Attchment, does Uiis PID and PAP
replace, in Uieir entirety, the Commercial Perfrmance
Measure and Reporting, Perfrmance Targets and servce
Credits terms and conditions for Servces provided under the
Agreement and this Attachment outlined in secton 7.0 of
this Attachment.
8.2 The PIOs and PAP for Washington in their current form are
posted in the Owest Wholesale PCAT, currntly calledNegotiations Template Agreement PCAT, under Exibit B
and Exhibit K for Washington, repectvely. Thos PIDs and
that PAP are incorporated by referenced into, and made a
part of, Uiis Attchment. Subsequent changes to the PIDs or
PAP submitted to the WUTC wil be incoorated into Uie
applicable exhibit as soon as Uiey are efective either by
operation of law or WUTC order, whichever occurs firs and
without further amendment to this Attachment.
8.3 To select Uie Serce Perormance Measures and Reporting
and Perfonnance Assurance Plan (PID/PAP) option, CLEC
must be a certfied CLEC under applicable state rules and
have electd Uie PID and PAP under its Washington
interconnecton agreement with Owest.
8.4 Eligible QLSP services will be included in Uie UNE-P PAP
results beginning the first full monUi following Uie Effctive
Date of the Agreement.
January 26, 2010/kjclAT&T Cop.lAttachment 2 - QLS~ - (vS-20-10)(negot)
(AZ=CDS-1 0122-0001); (CO=COS-10122-o002); (IA=CDS-1 01220-0003); (IO=COS-101220-o004); (MN=COS-101220-0005);
(MT=CDS-1 01220-0006); (NO=CO-101220-o007); (NE=COS-101220-0008); (NM=COS-101220-o009); (OR=COS-10122-o01 0);
(SD=CDS-1 0122-0011); (UT=COS-101220-o012); (WA=COS-1 01220-0013); (WY=COS-101220-o014)
7
ATIACHMENT3
Performance Targets for Qwest QLSp™ Service
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Servce
FOC.1 - Firm Order Confirmations (FOCs) 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 electronically via IMA-GUI or IMA-EDI and involve manual
processing.
. LSRs will 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 = UCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR
received date/time (based on scheduled up time))" is within 20 minutes) + (Total Number of
original FOC Notifications transmitted for the service category in the reporting periodH x 100
FOC-1 B = UCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (Application
Date & 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 QLSp™ Service
Page 2
Exclusions:.LSRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the
"Performance Targets" section below, or service/request types, deemed to be projects..Hours on Weekends and holidays. (Except for FOC-1A, which only excludes hours outside the
scheduled system up time,).LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the measure definition..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid startstoo dates/times.
Product Reporting:Performance Target:
FOC-1A 95% within 20 minutes
OLSP-POTS
FOC-1B 95% within standard FOC
intervals (specified below)
Standard FOe Intervals
Product Group NOTE 1 FOe
Interval
OLSP-POTS (1-39 lines) FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
Performance will be measured
beginning the first full month of
OLSP service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
oroduct type are considered ICB.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Servce
Page 3
ICM.1 . Installation Commitments Met
Purpose:
Evaluates the extent to which Owest installs services for Customers bv the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
. All inward orders (Change, New, and Transfer order types) assigned a due date by 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 accrding to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported 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.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 4
Product Reportina Performance Taraet:
MSA-Tvoe:
QLSP-POTS QLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 5
011.1 . Order Installation Interval
Purpose:
Evaluates the timeliness qf Qwests installation of services for CLECs, focusing on the average time to
install service.
Description:
Measures the average interval (in business days) between the application date and the completion
date for service orders accepted and implemented.
. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
. Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date is the CLEC-initiated due date, if any, that is (a~ subsequent to
the original due date and (b) prior to a Qwest-initiated, changed due date, if any. OTE 1
. Time intervals associated with CLEC-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest
Qwest-initiated due date, if anr, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if anv. NOTE
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSA); and
01l-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
01l-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
i:((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date
and the Applicable Date) - (Time intervals associated with CLEe-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
Re orted As:
Avera e business da s
Zone-T e-
Penormance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
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
(Le., with no further changes) as the date on which itwas 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 - Performance Targets for Qwest QLSp™ Servce Page?
00S24-1 - 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 specified 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 exclusions
specified below.
. Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regionallevel.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
00S24-1A Dispatches (Includes within MSA and outside MSA); and
00S24-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
00S24-1C 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 (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 missinr¡ data essential to the calculation of the measurement per the measure definition.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 8
Product ReDortina:Performance Taraets:
MSA-TvDe -.QLSPPOTS Dispatch and Non-Dispatch 190%
Zone-TvDe -
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 9
. .
MTTR.1 . Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusino how lono it takes to restore serices to proper operation.
DèScription:
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-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
¿((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) + (Total number of
Trouble Reports closed in the reporting period)
Exclusions:
. Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the
Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-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 missing data essential to the calculation of the measurement per the measure definition.
ATTACHMENT 3 - Perfrmance Targets for Owest QLSp™ Service
Page 10
~
Product Reporting:Performance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-TvDe-.
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 11
.
TR.1 . Trouble Rate
Purpose:
Evaluates the overall rate of trouble reports as a percentage ofthe total installed base of the service or
element.
Description:
Measures trouble reports by product and compares them to the number of lines in service.
. Includes all trouble reports closed during the reporting period, subject to exclusions specifiedbelow. ' /
. Includes all applicable trouble reports, including those that are out of service and those that are
only service-affectino.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 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 Iisted.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 missino data essential to the calculation of the measurement per the measure definition.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 12
..
,
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).
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Servce
Page 13
.'
Qwest Local Services PlatormlM (QLSPlM) Rate Page - Arizona
January 4,2011 through Term*
109.8 Share Transnnrt Purchased As Part of QLSP'"
109.8.1 OLSP'" Residential Business and PAL (Per MOU $0.0008236
109.8.2 OLSP'" Centrex ISDN BRI and PBX Analon Trunks Per Iineltrunk UGUST $0.26
109.11 Local Swithlnn Purchased As Part of QLSP'"
109.11.1 Port Basic Plan
109.11.1.1 Analnn Port 10.65
109.11.1.2 Residential end uSér crdit LAWUR 5.81 1
109.11.1.3 Effectve QLSP'" Residential Analoo Port ld.84 1
109.11.1.4 Diniæl Port (Sunno~nn BRI ~DN 18.59
109.11.1.5 PBX DID Port 11.53
109.11.IntentionaUv Blank
109.11.Por If 90% YOY Volume Rettion Plan R..ulrements he Met
109.11.3.1 Anal~Port 9.59
109.11.3.? Analnn Port R".idential end user credit LAWUR ld.85 1
109.11.3.3 Effective QLSP'" Residential Analon Port ~74 1
109.11.3.4 Diniæl Port Sunno~nn BRIISDN 18.59
109.11.3.5 PBX DID Port 11.53
.'.
109.11.4 Intentlnallv Blank
109.11.5 Por If 115% YOY Volume Grow Plan R..ulrements he Met
109.11.5.1 Analon Port 7.46
109.11.5.2 Analon Port Residential end user crdit LAWUR 2.91 1
109.11.5.3 Efftive "LSP'" Residential Analon Port ~55 1
109.11.5.4 Diniæl Port Sunnornn BRIISDNI 18.59
109.11.5.5 PBX DID port 11.53
109.11.Intentionallv Blank
109.11.7 Lol Swith Usaae
109.11.7.1 OLSP'" Residential Busines and PAL (Per MOUI ~.00097
109.11.7.2 OLi;p'" Centrex ISDN BRI and PBX Analoo Trunks (Per LinelTrunkl UGUFM SO.81000
109.11.Swtch Features 2
109.11.8.1 Acount r.odes - ner s""tem AZPS $75.00
109.11.8.2 Atendant Access Line :;er sætion line DZR $10.00
109.11.8.3 Audible Meane W~itinn MGN MW $13.00
109.11.8.4 Authorization Cnres - ner s~em AFS $85.00
109.11.8.5 Automatic Line ElVPB $6.00
109.11.8.6 Automatic Route Selection - Common Enuin. ner s""tem F5GPG $2200.00
109.11.8.7 Call Dr,,"- NAFID $5.00
109.11.8.8 Call Exclusion - Automatic NXB ~DNI $10.00
109.11.8.9 Call Exclusion - Manual NA-FID
IDSNI $5.00
109.11.8.10 Call Forwrdi"" Don't Answer - Incomino Onlv 69A $5.00
109.11.8.11 Call Forwrdinn: Bus" Line I Don't Answr Prrammable Svc. F.æblishment SEPFA $50.00
109.11.8.12 Call Forwrdi"n:Bus~LinelDon'l Answr Exoandedl FVJ FVJHG $5.00
109.11.8.13 Call Forwrding: Don't Answer 69H, EVD,
$5.00EVDHG
109.11.8.14 Call Forwrdinn: Don't Answer I Call Forwrd Busv Customer Prnnrammable- Per Line FSW $10.00
109.11.8.1" Call Waitinnndication -nertiminn sæte WUT $25.00
109.11.8.16 CentrexCommom Enuinment HYE HY $160.00
109.11.8.17 CLAS-CaIITrace P"rOc""rrence NOUSOC $2.35
109.11.8.18 CLASS-Continuous Redial NSS $10.00
109.11.8.10 CLAS-LastCallRetum NSO $10.00
109.11.8.20 CLAS - Priori'''Calinn NSK $10.00
109.11.8.21 CI A.O:S -Selec-; Call Forwrdino NCE $10.00
109.11.8.22 CLAS -Selecve Call Reecton NSY $10.00
109.11.8.23 CMS. Packet Controrrb¡j ner SYStem PTGPS $1500.00
109.11.8.24 CMS - S""em Esæblishment - Initallnsællation MB5XX $950.00
109.11.8.25 MS - S'~tem Esæblishment- Subseauentlnslallation CPVO $500.00
109.11.8.26 Conference Callnn - Meet Me MJPK $5.00
109.11.8.27 Conference Callnn - Preset M09PK $5.00
109.11.8.28 Direc Sætin Select I Busv Lamn Field Dar arranaement BUD $6.00
109.11.8.29 Directed Call Pickun with Ba~e-in 6MD $5.00
109.11.8.30 Directed Call Pickun without Barne-in 69D $5.00
109.11.8.31 Distinctve Rinnlnistinctve Call Waitinn RNN $5.00
109.11.8.32 Exnensive Route Warninn-Tone- oer sYStem with ARS AOWPS $90.00
109.11.8.33 Facillv R...tricton Level - ner s""tem FRKPS $125.00
109.11.8.34 Groun Intercom GCN $8.00
109.11.8.35 Hot Line - ner line HLA HLN $6.00
109.11.8.36 Huntinn: Multinositon Hunt Queuina MH5 $10.00
109.11.8.37 Huntina: Multinosition with Announcement in Dueue MHW :&10.00
109.11.8. 8 Huntinn: Mul¡¡ition wih Music in Oueue MOHPS $100.00
109.11.8.39 ISDN Short Hunt NHGPG $8.00
109.11.A.40 Loudsneaker pa;~r trunk nrouo PTOPG ICB
100.11.8.41 Make Busv Aran""ments . ner nrOUD A9AEX. P89 $20.00
109.11.8.42 Make Bus" Arannements - ner line MBl $10.00
109.11.8.43 Messane Center - ner main sætian line MFR $6.00
109.11.8.44 Messane Waitnn Visual MV5 ICB
109.11.8.45 Music On Hold - ners""tem MHHPS $75.00
109.11.8.46 Prvacv Rel"ase K7KPK $5.00
109.11.8.47 l"ue"'TIme OT1PK $8.00
109.11.8.48 SMDR-P-Archived Daæ SR7CX $300.00
109.11.8.49 SMDR-P - Service Esæblishment Charge, Initial Instllation SEPSP,
SEPSR $165.00
109.11.8.50 Sætion Camn-On Service - ner main sttion CPK $6.00
10911.8.51 Time ofn~"Controlfor ARS - ners""tem ATBPS $125.00
Qwst Local Service P1atfrm 1M Agreement OLSP1M Rate Sheet-Vl.2.3 4.11.08
'.
Qwst Local Servces Platform™ (QLSpTM) Rae Page - Arizona
January 4, 2011 through Term*
109.11,8.52 lime ofDav NCOS Undatev. ARS MT $1.00
109.11 ,8.53 lime of Dav Routinn . ner line wiUl ARS ATB $1.00
109.11,8.54 Trunk Verication from Desinnate Station BVS $100.00
109.11,8.55 UCD in hunt9roup. per line MHM,H6U,
NZ $10.00
109.11.9 Oter
109.11.9.1 Custom Number See Applicable Owst Retail 6
Tanf, Catalog or Price List les
Discunt (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.11.9.2 PBX DID Comnlex Translation~ Dinit OutnOlIs Channe Sinnalinn $14.30
109.11.9.3 PBX DID Bloc Comnromis :i25.18
109.11.9.4 PBX DID Groun of 20 Numbers $33.50
109.11.9.5 PBX DID Reserve Seouential # Block $25.0
109.11.9.6 PBX DID Reserve Non S""uential TN $23.37
109.11.9.7 PBX DID NonSenuential TN $35.15
109.11.10 Subsenuent Order Char""NHCUU $13.3 4
109.11.11 Qwest Corpation (aC) IntraLATA Toll, LPIC 5123 See Applicable Ows! Retail 6
Tarif, Catalog or Price List les
Discount (which will be provided
pursuant to terms and conditions
in CLEC's ICA).
109.20 Miscelaneous Charoes 5
109.20.1 Non-Deslon
109.20.1.1 Trouble Isolation Chame /TIC LTESX ..
109.20.1.2 Netrk Premise Work Charoe
109.20.1.2.1 Basic
109.20.1.2.1.1 Firs Increment HRH11 ..
109.20.1.2.1.2 Each Additonal Increment HRHA1 ..
109.20.1.2.2 Overtme
109.20.1.2.2.1 First Increment HRH12 ..
109.20.1.2.2.2 Each Additonal Increment HRHA ..
109.20.1.2.3 Premium
109.20.1.2.3.1 First Increment HRH13 ..
109.20.1.2.3.2 Each Additonallncremel HRHA -
109.20.2 Deslan
109.20.2.1 Maintenance of Service
109.20.2.1.1 Basic
109.20.2.1.1.1 First Increment MVXX -
109.20.2.1.1.2 Each Admnnallncremant MV1X -
109.20.2.1.2 OvertmA
109.20.2.1.2.1 First Increment MVOX -
109.20.2.1.2.2 Each Additonal Increment MV2X -
109.20.2.1.3 Premium
109.20.2.1.3.1 First Increment MVPX ..
109.20.2.1.3.2 Each Additional Increment MV3X ..
109.20.2.2 Ootional Testino (Additional Labor
109.20.2.2.1 Basic First and Each Additional Increment OTNBX -
109.20.2.2.2 Overtme Firs and Each Add~ional Increment OTNOX ..
109.20.2.2.3 Premium First and Each Addi"onal Increment OTNPX ..
109.20.2.3 Di""atch (Additional Disnatch . No trouble found VT6DC ..
109.20.2.4 Disnatch for Maintenance of Servie.. . No Trouble Found VT6DM ..
109.20.2.5 Netrk Premises Work Charae
109.20.2.5.1 Ba.ic
109.20.2.5.1.1 First Increment HRH11 ..
109.20.?5.1.2 Each ''''ditionallncrement HRHA1 ..
109.20.2.5.2 Overtme
109.20.2.5.2.1 First Increment HRH12 ..
109.20.2.5.2.2 Each Additionallnorement HRHA ..
109.20.2.5.3 Premium
109.20.2.5.3.1 First Increment HRH13 -
109.20.2.5.3.2 Each Additional Increment HRHA -
109.20.3 Deslnn and Non-Deslon
109.20.3.1 Trio Charne . Premises Visit Charne NRTCY $50.00
109.20.3.2 Premises Work Charne
109.20.3.2.1 Basic
109.20.3.2.1.1 First Increment HRD11 S60.00
109.20.3.2.1.2 Each Additionallncrem"nt HRDA1 $30.00
109.20.3.2.2 Overtme
109.20.3.2.2.1 First Increment HRD12 $70.00
'109.20.3.2.2.2 Each Add~ionallncrement HRDA2 $35.00
109.20.3.2.3 Premium
109.20.3.2.3.1 First Increment HRD13 $80.00
Qwt Local Services Platfrm Th Agreement QLSpTh Rate Sheet-1.2.3 4.11.08 2
Qwest Local Services Platform™ (QLSpTM) Rate Page - Arizona
January 4, 2011 through Term*
100.20.3.3 DateChann VT6DC $100.00
109.20.3.4 Desi~n Channe H?8 $50.00
1 9.20.3.5 i:vnedite Charne Per da; adVanced ODDB $200.00
109.20.3.6 Cancellation Charne NoU!'OC ICB
109.3 QLSP" Installation and Converion Nonrecurrnn Charnes NRCsl
109.3.1 Conversion Nonrecurrlnn Cha~es
109.23.1.1 QLSP" Business Centrex PAL and PBX Analoa non-DID Trunks Residential
109.23.1.1.1 First Line (Mechanized)URCCU 1.50
109.23.1.1.2 Each Additinal Line Mechanizeif URCCY 0.50
109.23.1.1:"- Firs Line IManuall URCCV 15.00
109.23.1.1.4 Each Additional Line Manuall URCCZ l'l.no
109.23.1.2 QLSP" PBX DID Trunks
109.23.1.2.1 FirslTrunk URCCD $20.34
109.23.1.2.2 Each Additon~1 53.08
109.23.1.3 QLSP" ISDN BRI
109.23.1.3.1 First URCCU !!0.28
109.23.1.3.2 Each Additional $0.28
1n9.23.1.3.3 Disconnect $0.28
109.23.Installation Nonrecrrii'; Charnes
109.23.2.1 QLSP" Business Centex PAL and PBX Analoa non.DID Trunks Residenal
109.23.2.1.1 First Line 'Mechanized NHCRA 50.00
109.23.2.1.2 Each Additional Line (Mechanized NHCRC 18.00
109.23.2.1.3 First Line 'Manual NHCRB 75.00
109.23.2.1.4 --ch Additonal Line (Manual NHCRD 0.00
109.23.2.2 QLSP" Ana¡; DID PBX Trunks $177.02
109.23.2.3 QLSP" ISDN.BRI $241.28
109.23.3 Qwest AlN Features See Applicable Owst Retil 6
Tari, Catalog or Price List less
Discount (which will be provided
pursuant to terms and conditions
in CLEC's !CA).
109,23.4 Qwest Voice Messaging Services See Applicable Owst Retail 6
Tari, Catal09 or Price List less
Discunt (which will be provided
pursuant to terms and conditions
in CLEC's !CA).
10.3 White Paaes Dlrecrv Llstlmis Factlltv Based Providers
10.3.1 Prima'" Listinn NoCharne No Charoe
10.3.2 Premium I Privacy Listin9S Exchange Exchange Tarif 7
Tari Business Ra,
Busniess Les Wholesale
Rate, Les Discunt
Wholesale
Discunt
112 Ooeatonal SUDDOrt SYstes
112.1 Develoments and Enhancements ner Local Servic Re~uest All charges and increments r-112.2 Onnoinn Onerations ner Locl Service Renuest equal the comparable charges r-112.3 Daily Usage Records File, per Record and increments provided in the
Owst Wholesale PeAT.
!'.Universal Service Order Codes (USOCs) have been provided in an efort to ease item description and USOC association wih chargs. In the event USOCs are inaccurate
or are revised, Owst reserves the right to correct the Rate Sheet. In the event of any signifcant change(s), notication will be provided via the standard notcation process.
See Applicable Owt Retail Tari, Catalog or Price List for all charges and increments.
OLSpTM Business and Residential services utilize th same Class of Service and line Universal Service Orer codes (USOCs). OLSpTM Residential services will be billed at
the Analog Port rate and only those lines that specifically qualif for and are identifed as serving a residential end-user customer by the presence of the LAWUR USOC will
recive the Residential end user credit.
2 OLSpTM service includes nondiscriminatory acc to all vertcal switch features that are loaded in Owt's End Ofce Swich. See the PeAT for all compatible and available
vertcal switch features. Only vertcal swtch features wi Non-Recurrng, Recurrng, or Per Occurrence charges are listed. Non-Recurrng charges are applicable whenever
a feature is added - wheter on new installation, conversion, or change order actvity. Those vertcal swich features not liste have a rate of $0 for Monthly Recurrng, Non-
Recurring, or Per Occurrence charges.
3 Reserved for future use.
4 The Subsequent Order Charge is applicable on a per order basis when changes are reuested to exiting service, including changing a telephone number, initating or
removing Suspension or Service, denying or restoring service, adding, removing, or changing features, and other similar requests.
5 OLSpTM ISDN BRI and PBX are "Design"~ Remaining OLSpTM services are "Non-Design". All charges and increments shall be the same as the comparable charges and
increments provided in Owt Retail Tari, Catalogs, or Pri List and are subject to change based on changes in those underlying Owt Retail Tari, Catalog, or Price
Lists. In the event a rate changes, notication will be provided via the standard notifcation proce.
6 Where the service has been deemed to be a Telecommunications Service, the Discount will be provided pursuant to CLEC's ICA. Where the service is not a
Telecommunicaions Service, the discount will be 18%.
Owt Local Services Platfrm 1M Agreement OLSP1M Rate Sheet-Vl.2.3 4.11.08 3
Qwest Local Servces Platform™ (QLSpTM) Rate Page - Arizona
January 4, 2011 through Term*
7 The business rate will be charied whether the end user is a resdential or busine end user.
Qwst Local Service Platfrm TM Agreement QLSpTM Rate Sheet-V1.2.3 4.11.08 4