20110125Amendment.pdf

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Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
EC::
iou JAN 25 AM It): 01 Qwest~
Spirit of Service'"
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
January 24, 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-04-13
Application for Approval of Amendment to the Interconnection Agreement
OrbitCom, Inc.
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this tter.
mep
Enclosure
cc: Service list
.Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr (g q west.com
~:,;: -;
20B JAN 25 ArilO: 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-04-13
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendmènt
to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public
. Utilities Commission on July 8, 2004 (the "Agreement"). The Amendment with OrbitCom, Inc.
is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state 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 OrbitCom,.
APPLICATION FOR APPRO V AL OF AMENDMÈNT TO THE INTERCONNECTION AGREEMENT - Page i
OrbitCom, Inc.
QLSP Agreement
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Inc. to interconnect with Qwest facilities and to provide customers with increased choices among
local telecommunications services.
Qwest further requests that the Commssion approve this Amendment without a hearng.
Because this Amendment was reached through voluntar negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted thistl~liay of January, 2011.
Qwest Corp
~./~ t--:
AdamL. Sh
Attorney for Qwest
APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
OrbitCom, Inc.
QLSP Agreement
. CERTIFICATE OF SERVICE
I hereby certify that on this d~tYiday of January, 2011, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION
AGREEMENT upon all parties of record in this matter as follows:
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Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡¡ewell (gpuc.state.id.us
Hand Delivery
U. S. Mail
-1 Overnight Delivery
Facsimile
Email
OrbitCom, Inc.
Brad VanLeur, President
1701 N. Louise Ave.
Sioux Falls, SD 57107
Hand Deli very
~ U.S.Mail
Overnight Delivery
Facsimile
Maura Peterson
Paralegal, Qwest Corporation
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
OrbitCom, Inc.
QLSP Agreement
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SÐDSl01021-0151; .UT.c101Ó21-o152; WA-OS.101021-o153; WV-CS.101Ó21...!.Pa 10112
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This Qwest Local Services Platform™ ("QLSpTMU) Agreement, together with the Attachments hereto and Rate Sheets,
incororated herein by reference ("Agreement") is between Qwest Corporation ("Qwest"), a Colorado corporation, and
OrbitCom Inc. ("CLEC"), (each identified for purpses of this Agreement in the signature blocks below, and referred to
separately as a "Party" or collectively as the "Parties"). The undersigned Parties have read and agree to the terms and
conditions set forth in this Agreement.
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
Qwest Corporation:OrbitCom Inc:
By:
Name: L. T. Christensen
Title: Director - Wholesale Contracts
Date:
By:
Name:
Title:
Date:
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director - Interconnection Agreements
1801 Califomia Street, 24th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagreetãgwest.com
With copy to:
Qwest Law Department
Wholesale Interconnection
1801 Califomia Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectiontãqwest.com
CLEC:
~rbitCom, Inc. ~
~d VanLeur, President
1701 N. Louise Ave.
Sioux Falls, SO. 57107
Phone: [phone]
Fax: [phone]
E-mail: bvanleur~orbitcominc.net
APPLICABLE STATES:-- South Dakota
-- Utah
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.
-- 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
-- Arizona
-- Colorado
-- Idaho
-- Iowa
-- Minnesota
-- Montana
-- Nebraska
-L New Mexico
-L North Dakota-- Oregon
Aovember 17, 2010lkjclOrbitComl Qwest QLSpTM MSA - (v10-15-10)
~-CDS-101021-0141; CO-CDS-101021-0142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-0145;
MT-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-CDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-0153; WV-CDS-101021-0154
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 Attchment 2 to this Agreement).
-- Wyoming
Page 1 of 12
WHEREAS, CLEC desires to purchase from Qwst certin combinations of Network Elements, ancilary functions, and additional .
features, including without limitaion, the local Loop, Port, swtching, and Shared Transport.
Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Qwest mutually agree as follows:
4.6 Except as otherwse provided in this Agreement, the Parties
agree that Services provided under this Agreeent are not subject to
the Qwest Wholesale Change Management Process ("CMP"), Qwests
Perfrmance Indicators ("PID"), Perfrmance Assurance Plan ("PAP"),
or any other wholesale service quality standards, or liquidated
damages and remedies. Except as otherwse provided, CLEC hereby
November 17, 2010lkjclOrbitComl Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0141; CO-CDS-101021-0142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-0145;
MT-CDS-101021-0146; ND-eDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-eDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-D153; WY-CDS-101021-0154
1. Definitions. Capitalized terms used herein are defined in
Attachment 1.
2. Effective Date. This Agreement is effective upon the
later of (i) January 4, 2011 or (ii) the date that it is fully executed by all
of the Partes ("Effectve Date").
3. Term. The term of this Agreement begins on the
Effective Date and continues through December 31, 2013. In the
event that at the expiration of this Agreement CLEC has any remaining
Customers served under this Agreement, Qwst may immediately
convert CLEC to an equivalent altemative service at market-based
wholesale rates.
4. Sc.ope of Aareement; Service Provisioning; Controllng
Documents; Change of Law; Eligibilty for Services ynder this
Aareement; Non-Applicabilty of Change Management Process.
4.1 The Services ("Services") described in this Agreement will
only be provided in Qwests incumbent LEC servce territory in the
states of Arizona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington and Wyoming.
4.2 In the event of a conflict in any term of any documents that
govem the provision of Services hereunder, the following order of
precedence will apply in descending order of control: an Attchment,
Rate Sheet, this Agreement, and any effectve 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 Effectve Date ("Existing Rules"). Nothing in this Agreement shall
be deemed an admission by Qwest or CLEC conceming the
interpretation or effect of the Existing Rules or an admission by Qwest
or CLEC that the Existing Rules should not be changed, vacated,
dismissed, stayed or modified. Nothing in this Agreement shall
preclude or estop Qwst or CLEC from taking any position in any
forum conceming the proper interpretation or effect of the Existing
Rules or concerning whether the Existing Rules should be changed,
vacated, dismissed, stayed or modified.
4.4 If any change in Applicable Law materially impairs a Part's
abilty to perfrm or obtain a benefit under this Agreement, both Parties
agree to negotiate in good faith such changes as may be necessary to
address such material impairment.
4.5 To receive services under this Agreement, CLEC must be a
certified CLEC under Applicable Law. CLEC may not purchase or
utilize Services covered under this Agreement for its own
administrative use or for the use by an Affliate.
waives any rights it may have under the PID, PAP and all other
wholesale service quality standards to liquidated damages, and
remedies with respect to Services provided pursuant to this
Agreement. Any CLEC-proposed changes to the attbutes of any
Servce 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 proceures.
5. CLEC Information. CLEC agrees to work with Qwt in
good faith to promptly complete or update, as applicable, Qwests
"New Customer Questionnaire" to the extent that CLEC has not
already done so, and CLEC shall hold Qwst 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 Attchments hereto and Rate Sheets. The Parties agree
that the referenced rates are just and reasonable.
6.2 Taxes. Fees. and other Govemmentallmpositions.
All charges for Services provided herein are exclusive of any federal,
state, or local sales, use, excise, gross receipts, transaction or similar
taxes, fees or surcharges ("Tax" or "Taxes"). Taxes resulting from the
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 oth.
Part. However, where the sellng Part is specifically permitted
Applicable Law to collect such Taxes from the purchasing Part, sucTaxes 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 biling 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 selling Part accpts the certficate in good faith. If a Part
becomes aware that any Tax is incorrectly or erroneously collected by
that Part from the other Part or paid by the other Part to that Part,
the Part that received such Tax shall refund the incorrectly or
erroneously collected Tax or paid Tax to the other Part.
6.3 Each Part is solely responsible for any tax on its corporate
existence, status or income and each Part shall be solely responsible
for all taxes on its own business, the measure of which is its own net
income or net worth and shall be responsible for any related tax filings,
payment, protest, audit and litigation. Each Part shall be solely
responsible for the biling, collection and proper remittance of all
applicable Taxes relating to its own service provided to its own
Customers.
7.Intellectual Property..
Page 2 of 12
7.1 Except for a license to use any facilties or equipment
Ailuding softre) solely for the purposes of this Agreement or to
.ceive Service solely as provided in this Agreement or as specifically
required by the then-applicable federal rules and regulations relating to
Services provided under this Agreement, nothing contained in this
Agreement shall be construed as the grant of a license, either express
or implied, with respect to any patent, copyright, trde 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 propert, now or hereafter owned, controlled or
licensable by either Part without execution of a separate written
agreement between the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each Part (an Indemnifyng Part) shall indemnif 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
servces provided by the Indemnifyng Part provided or used pursuant
to the terms of this Agreement misappropriate or otherwse violate the
intellectual propert rights of any third part. The obligation for
indemnification recited in this paragraph shall not extend to
infrngement which results from:
A. any combination of the facilities or services of the
Indemnifying Part with facilities or servce 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 Indemnifyng 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 infrnging
facilty or service to make such facility or service non-infringing.
7.4 Ifthe 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 servce 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 Indemnifyng Part will notify the Indemnified Part and the Partes
will negotiate in good faith regarding reasonable modifications to this
Agreement necssary to mitigate damage or comply with an injuncton
which may result from such infringement or allow cessation of furter
infrngement.
7.5 The Indemnifying Part may request that the Indemnified
Part take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accpting
modifications to the facilities or services, and such request shall not be
unreasonably denied.
Servics provided hereunder. Qwest shall notify CLEC immediatel in
the event that Qwest believes it has used its commercially reasonable
effort to obtain such rights, but has been unsucessful in obtaining
such rights. Nothing in this subsection shall be construed in any way
to condition, limit, or alter a Parts indemnification obligations under
Section 7.2, preceding.
7.7. Neither Part shall without the express wrtten permission of the
other Part, state or imply tht it is connected, or in any way affliated
with the other or its Affliates; it is part of a joint busines association or
any similar arrangement with the other or its Affliates; the other Part
and its Affliates are in any way sponsoring, endoring or certfyng 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 they will
be Qwest customers or that they may obtain Qwest service from CLEC
or (b) that CLEC has or the end-user will have any relationship with
Qwest. Without limiting the foregoing, CLEC must not use a name,
trademark, service mark, copyright or any other intellectual propert
owned by Qwest or its Affliates, except that CLEC may communicate
that Qwest is one of the underlying carrers from which CLEC
purchases services if CLEC has obtained the prior wrtten consent of
the Qwest Law Department. This is a non-exclusive agreement.
Nothing in this Agreement prevents Qwest from offering to sell or
sellng any services to other parties.
7.8 Nothing in this Section prevents either Part from trthfully
describing the Services it uses to provide service to its End User
Customers, provided it does not represent the Servces as originating
from the other Part or its Affliates or otherse 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 constitues a license authorizing their use,
and in no event will CLEC, including its employees, representatives
and agents, attempt to sell any Service to its end-users using the
name, brand or identity of Qwst or Qwests Affliates in any way.
7.9 Becuse a breach of the material provisions of this Section 7
may cause irreparable harm for which monetary damages may be
inadequate, in addition to other available remedies, the non-breaching
Part may seek injunctive relief.
8. Financial Responsibilty. Payment and Security.
8.1 Payment Obligation. Amounts payable und this
Agreement are due and payable within thirt (30) Days after the date of
invoice ("Payment Due Date"). If the Payment Due Date falls on a
Sunday or on a holiday which is observed on a Monday, the payment
date will be the first non-holiday day following such Sunday or holiday.
If such a payment date falls on a Saturday or on a 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 electronically, 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.
7.6 To the extent required under Applicable Law, Qwest shall 8.2 Cessation of Order Processing. Qwest may discontinue
use commercially reasonable efforts to obtain, from its vendors who processing orders for Services for any breach by CLEC of this
have licensed intellectual propert rights to Qwest in connecton with Agreement, including without limitation, the failure of CLEC to make full
Services provided hereunder, liceses under such intellectual propert payment for Service, les any good faith disputed amount as provided
rights as necessary for CLEC to use such Service as contemplated for in this Agreement, within thirt (30) Days following the Payment
_ hereunder and at least in the same manner used by Qwest for the Due Date; provided that Qwest has first notified CLEC in writing at
Anvember 17, 2010/kjdOrbitCol Qwest QLSpTM MSA - (v10-15-10)
~-CDS-101021-0141; CO-CDS-101021-0142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-o145;
MT-eDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-CDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-0153; WY-CDS-101021-0154
Page 3 of 12
least ten (10) business days prior to discntinuing the processing of
orders for Servces. If Qwest does not refuse to accpt additional
orders for Services on the date specified in the ten (10) busines days
notice, and CLEC's non-compliance continues, nothing contained
herein shall preclude Qwsts right to refuse to accpt additional order
for Services from CLEC without furter notice. For order proceing to
resume, CLEC will be required to cure any breach and make full
payment of all past-due charges for Services not disputed in go faith
under this Agreement, and Qwest may require a deposit (or reclCUlate
the deposit) pursuant to Secton 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 perfrmance.
8.3 Disconnection. Qwest may disconnect any Service
provided under this Agreement for any breach by. CLEC of this
Agreement that is not cured by CLEC in accrdance with Secon 11
herein, including without limitation, failure by CLEC to make full
payment for such Service, less any good faith disputed amount as
provided for in this Agreement, within sixt (60) Days following the
Payment Due Date provided that Qwst has first notified CLEC in
wrting at least ten (10) business days prior to disconnecting Services.
CLEC will pay the applicable charge set fort in the Rate Sheet
required to reconnect Services for each End User Customer
disconnected pursuant to this Secton 8.3. In case of such
disconnecion, 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 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 injunctve relief and specific
performance. Notwthstanding the foregoing, Qwest will not effect a
disconnectiôn pursuant to this Section 8.3 in such manner that CLEC
may not reasonably comply with Applicable Law conceming End User
Customer disconnection and notification, provided that. the foregoing is
subject to CLEC's reasonable dilgence in effecting such compliance.
8.4 Biling Disputes. Should CLEC dispute, in good faith, and
withhold payment on any portion of the charges under this Agreement,
CLEC will notify Qwest in wrting within fifteen (15) Days following the
Payment Due Date identifying the amount, reason and rationale of
such dispute. At a minimum, CLEC will pay all undisputed amounts
due to 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 Qwest, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing furter 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 CL.
pays the charges disputed at the time of payment or at any ti
thereafter, and the dispute is resolved in favor of the CLEC,
Qwst will adjust the Biling, usually within tw Billing 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 bil 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. If CLEC fails to dispute a rate or charge within 60 Days
following the invoice date on which the rate or charge appeared,
adjustment will be made on a going-forwrd basis only, beginning
with the date of the dispute.
8.5 Security Deposits. In the event of a material adverse
change in CLEC's financial condition subsequent to the Effecive Date
of this Agreement, Qwest may request a security deposit. A "material
adverse change in financial condition" means CLEC is a new CLEC
with no established credit history, or is a CLEC that has not
established satisfactory credit with Qwest, or the Part is repeatedly
delinquent in making its payments, or is being 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 or due to the failure by CLEC to cure a breach of this
Agreement in a timely manner. Qwest may require a deposit to be
held as secrity for the payment of charges before the orders from
CLEC will be provisioned and completed or before reconnection of
Service. "Repeatedly Delinquent" means any payment of a mate.'
amount of total monthly Billng under this Agreement received after
Payment Due Date, three (3) or more times during the last twlve (1
month period. The deposit may not exceed the estimated total monthly
charges for a tw (2) month period based upon recent Biling. The
deposit may be an irrevocable bank letter of credit, a letter of credit
with terms and conditions accptable 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
lÌistory 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 the terms and provisions of
Section 8.2 and Section 8.3 of this Agreement.
8.6 Interest on Deposits. Any interest eamed on cash deposits
will be credited to CLEC in the amount actually eamed or at the rate
set forth in Section 8.7 below, whichever is lower, except as otherwse
required by law, provided that, for elimination of doubt, the 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
accunt 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 consecutive timely
payments of undisputed amounts in full by CLEC. Upon a material
change in financial standing, CLEC may request, and Qwst will
consider, a reclculation 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
November 17, 2010lkjclOrbitComl Qwest QLSpTM MSA - (v10-15-10) .
AZ-CDS-101021-0141; CO-CDS-101021-o142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-0145;
MT-CDS-101021-0146; ND-CDS-101021-o147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-eDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-1 01021-0152; WA-CDS-101021-0153; WY-CDS-101021-0154
Page 4 of 12
tiyment is received by. Qwest in funds that are not immediately
ailable, then a late payment charge will be due to Qwest. The late
yment 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 trnsactions, compounded daily for the
number of Days from the Payment Due Date to and including the date
that the CLEC actally 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 Services with funds
obtained through the American Recovery and Reinvestment Act (or
ARRA) or other similar stimulus grants or loans that would obligate
Qwst to provide certain information or perfrm certin functons
unless those functions and obligations are specifically agreed to by the
partes in this Agreement or in an amendment to this Agreement.
9. Conversions. If CLEC is obtaining service from
Qwest under an arrangement or agreement that includes the
application of termination liabilty assessment (TLA) or minimum period
charges, and if CLEC wishes to convert such services to a Service
under this Agreement, the conversion of such servce 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 arrngement. Nothing herein will be
construed as expanding the rights otherwse granted by this
Agreement or by law to elect to make such conversions.
10. Customer Contacts. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' servce
needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, truble reports,
.pair, post-sale servicing, Biling, collection and inquiry. CLEC will
orm its End User Customers that they are End User Customers of
. LEC. CLEC's End User Customers contacting Qwest will be
instructed to contact. CLEC, and Qwests End User Customers
contacting CLEC will be instructed to contact 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 received by either Part will be referred to the proper
provider of Local Exchange Service; however, nothing in this
Agreement shall be deemed to prohibit Qwest or CLEC from
discussing its products and services with CLEC's or Qwests End User
Customers who call the other Part.
10.1 In the event Qwest terminates Service to CLEC for any
reason, CLEC will provide any and all necessary notice to its End User
Customers of the termination. In no case will 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 and such default or violation
continues for thirt (30) Days after wrtten notice thereof, the other
Part may terminate this Agreement and seek relief in accrdance with
any remedy available under this Agreement, including without
limitatin, the Dispute Resolution provisions of Secton 25 herein and,
in addition to the foregoing, Qwest may cease to accept orders from
CLEC for Services in accrdance with Section 8.2 above. 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 CLEC'sexclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwse limited by this Agreement to outage credits or other
service credits, in which case Qwests total liability will not exceed the
aggregate amount of any applicable credits due.
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 Part regardless of the form of action,
whether in contract, warranty, strict liabilty, tort, including, without
limitation, negligence of any kind and regardless of whether the Parties
know the possibilty that such damages could result.
12.3 Nothing contained in this Section shall limit either Part's
liabilty to the other for willful miscnduct, provided that, a Part's
liabilty to the other Part pursuant to the foregoing exclusion, other
than direct damages, will be limited to a total cap equal to one hundred
per cent (100%) of the annualized run rate of total amounts charged by
Qwest to CLEC under this Agreement.
13. Indemnity.
13. 1 The Parties agree that unless otherwse specifically set forth
in this Agreement, the following constitute the sòle indemnification
obligations between and among the Partes:
A. Each Part (the Indemnifying Part) agrees to release,
indemnify, defend and hold harmless the other Part and each ofits offcers, directors, employees and agents (each, an
Indemnitee) from and against and in respect of any loss, debt,
liabilty, damage, obligation, claim, demand, judgment or
settlement of any nature or kind, known or unknown, liquidated or
unliquidated including, but not limited to, reasonable costs and
expenses (including 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 Indemnifing Parts
breach of or failure to perform under this Agreement, regardless
of the form of acton, whether in contrct, 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 Indemnifying Part) shall defend and indemnify the
other Part and each of its offcers, direcors, employees and
agents (each, an Indemnifed Part) against any and all such
claims or loss by the Indemnifying Part's End User Customers
regardless of whether the underlying Servce was provided or was
provisioned by the Indemnified Part, unless the loss was caused
by the gross negligence or willful misconduct of tle 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 Persn or
persons, or for loss, damage fo, Qr 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:
Aovember 17, 2010lkjclOrbitComl Qwest QLSpTM MSA - (v1 0-15-1 0)
~-CDS-101021-0141; CO-CDS-101021-0142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-0145;
MT-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-CDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-0153; WY-CDS-101021-0154 .
Page 5 of 12
A. The Indemnified Part will promptly notif the Indemnifying
Part of any action taken against the Indemnified Part relating to
the indemnification. Failure to so notify the Indemnifying Part will
not relieve the Indemnifying Part of any liabilty that the
Indemnifying Part might have, except to the extent that such
failure prejudices the Indemnifying Part's abilty to defend such
claim.
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 acton. In such event, the
Indemnifying Part has sole authonty to defend any such acton,
including the selection of legal counsel, and the Indemnified Part
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifying Part does not
accept the defense of the action, the Indemnified Part has the
right to employ counsel for such defense at the expense of the
Indemnifying Part. Each Part agrees to cooperate with the
other Part in the defense of any such acton 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 Indemnifyng Part settle or consent to
any judgment for relief other than monetary damages pertining
to any suc action without the pnorwrtten consent of the
Indemnified Part. In the event that the Indemnified Part
withholds consent, the Indemnified Part may. at its cot. take
over such defense; provided that, in such event, the Indemnifying
Part shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnified Part against, any cost or
liabilty in excess of such refused compromise or settement.
14. Limited Warranties.
14.1 Each Part will provide suitably qualified personnel to perform its
obligations under this Agreement and provide all Services hereunder in
a good and workmanlike manner and in matenal 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 authonty to bind the
other by contract or otherwse or make any representations or
guarantees on behalf of the other or otherwse act on the othets
behalf. The relationship arising from this Agreement does not
constitute an agency, joint venture, partnership, employee relationship
or franchise. Qwest is acting as an independent contractor and will
have exclusive control of the manner and means of performing its
obligations. NotWthstanding anyting herein to the contrary, Qwest
reserves the nght, in its sole discretion, to modify or change the name
of the Services.
16.Assignment.
Secretary of State. or other fillings or documents specified by Qwes_. .
and approval by Qwest of CLEC's proposed assignee, CLEC m
assign this Agreement without pnor wrtten consent of Qwest to a
Affliate. successor through merger, or acquirer of substantially all of its
assets; and Qwest may assign this Agreement without pnor written
consent to any Affliate, successor through merger, or acquirer of
substantially all of its business assets; provided that in all cases the
assignee of CLEC or Qwest, as applicable, acknowledge in writing its
assumption of the obligations of the assignor hereunder. Any
attempted assignment in violation hereof is of no force or effect and is
void. Without limiting the generality of the foregoing, this Agreement
will be binding as to the Parties' respective succssors and assigns.
16.2 In the event that Qwest trnsfers to any unaffliated part
exchanges, including End User Customers that CLEC serves in whole
or in part through Servce provided by Qwest under this Agreement,
Qwest will ensure that the transferee serves as a successor to and
fully performs all of Qwests responsibilties and obligations under this
Agreement for a penod of ninety (90) Days from the effective 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 transfer or under such other
state statutory authonty as may give it such power. In the event of
such a proposed transfer, Qwest will use its best effort to faciltate
discussions between CLEC and the transferee with respect to the
trnsferee's assumption of Qwests obligations after the transition
penod set forth above in accrdance with the terms and provisions of
this Agreement.
17. Reporting Requirements. If reportng obligations or
requirements are imposed upon either Part by any third part or
regulatory agency in connection with this Agreement or the Servces,
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. a
18. Survival. The expiration or termination of this Agreeme"'
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 pnor 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; or (b) disclose or use (except
as expressly permitted by, or required to achieve the purposes of, this
Agreement) the Confidential Information of the other Part. Consent
may only be given on behalf of a Part by its Legal Department.
However, a Part may disclose Confidential Information if required to
do so by a govemmental agency, by operation of law, or if necessary
in any proceeding to establish rights or obligations under this
Agreement, provided that the disclosing Part gives the non-disclosing
Part reasonable pnor wrtten notice and the receiving Part will
cooperate with the disclosing Part to seek or take appropnate
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 Qwest by any third part or regulatory
agency in connecton with this Agreement, CLEC agrees to assist
Qwest in complying with such obligations and requirements, as
reasonably required by Qwest and to hold Qwest harmless for any
failure by CLEC in this regard. Qwests compliance with any regulatory
filing obligation will not constitute a violation of this section. Each Part
will use reasonable effrt to protect the othets Confidential
Information, and will use at least the same effort to protect such
Confidential Information as the Part would use to protect its own.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the pnor wrtten consent of Qwest, which
consent will not be unreasonably withheld. Notwthstanding the
foregoing and subject to pnor credit review, submission of appropnate
legal . documentation (including, but not limited to, any appropriate
NOvember 17, 2010lkjclOrbitComl Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-1 01 021-0141;. CO-CDS-1 01021-0142; IA-CDS-1 01 021-0143; ID-CDS-1 01 021-0144; MN-CDS-101021-0145;
MT-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-CDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-0153; WY-CDS-101021-Q154
.
Page 60f 12
..2 All Confidential Information will remain the propert of the
sclosing Part. A Part who receives Confidential Information via an
oral communication may request wrtten confirmation that the material
is Confidential Information. A Part who delivers Confidential
Information via an oral.. communication may request wrtten
confirmation that the Part receiving the information understands that
the material is Confdential Information. Each Part has the right to
correct an inadvertent failure to identify information as Confidential
Information by giving wrtten 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
retum all tangible copies of Confidential Information, whether written,
graphic or otherwse, except that the receiving Part may retain one
copy for archival purposes.
19.4 Each Part will keep all of the other Part's Confidential
Information confidential and will disclose it on a need to know basis
only. Each Part will use the other Part's Confidential Information
only in connection with this Agreement and in accrdance with
Applicable Law. Neither Part will use the other Part's Confidential
Information for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in writing. If
either Part loses, or makes an unauthorized disclosure of, the other
Part's Confidential Information, it will notif such other Part
immediately and use reasonable effort to retrieve the information.
19.5 Effecive Date of this Secton. Notwthstanding any other
provision of this Agreement, the Confidential Information provisions of
this Agreement apply to all information fumished by either Part to the
other in furterance of the purpose of this Agreement, even if fumished
before the Effective Date.
..6 Each Part agrees that the disclosing Part could be
~eparablY injured by a breach of the confidentiality obligations of this
Agreement by the receiving Part or its representatives and that the
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 constred as limiting either Part's
rights with respect to its own Confidential Information or its obligations
with respect to the other Parts Confidential Information under Section
222 of the Act.
20. Waiver. Except as otherwse provided herein, neither
Part's failure to enforce any right or remedy available to it under this
Agreement will be construed as a waiver of such right or a waiver of
any other provision hereunder.
within five (5) business days of such notice. If,a Part is required by a
lawful, binding order to file this Agreement or a provision thereof with
the FCC or state regulatory authorities for approval or regulatory
review, the filing Part shall provide wrtten notice to the other Part of
the existence of such lawful, binding order so that the other Part may
seek an injunction or other relief from such order. In addition, the filing
Part agrees to reasonably cooperate to amend and make
modifcations to this Agreement to allow the filing of ths Agreement or
the specific part of this Agreeent affeced by the order to the extent
reasonably necessary.
22. Notices. Any notice required by or concerning this
Agreement will be in wrting and will be suffciently given if delivered
personally, delivered by prepaid ovemight express service, sent by
facsimile with electronic confirmation, or sent by certfied mail, 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 anything herein to the contrary, Qwest
may provide notice via email or by posting to Qwests website without
duplicate wrtten notification for: (v) marketing notices; (w) notices
provided under Section 8; (x) rate change notice; or (y) notices
regarding changes in maintenance windows.
23. Force Majeure. Neither Part shall be liable for any delay
or failure in performance of any part of this Agreement from any cause
beyond its control and without its fault or negligence including, without
limitation, acts of nature, acts of civil or miltary authority, govemment
regulations, embargoes, epidemics, terrorist acts, riots, insurrections,
fires, explosions, eartquakes, nuclear accdents, floods, work
stoppages, power blackouts, volcanic action, other major
environmental disturbances, or unusually severe weather conditions
(each, a Forc Majeure Event). Inabilty to secure products or servicesof other Persns or transporttion facilties or acts or omissions of
transporttion carriers shall be considered Force Majeure Events to
the extent any delay or failure in performance caused by these
circumstances is beyond the Part's control and without that Part's
fault or negligence. The Part affected by a Force Majeure Event shall
give prompt notice to the other Part, shall be excused 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 strke the Parties
agree to provide Service to each other at a level equivalent to the level
they provide themselves.
24. Governing Law. Colorado state law, without regard to
choiceof-Iaw principles, governs all matters arising out of, or relating
to, this Agreement.
25. Dispute Resolution.
25.1 The Partes will attempt in good faith to resolve through
negotiation any dispute, claim or controversy arising out of, or relating
to, this Agreement. Either Part may give wrtten notice to the other
Part of any dispute not resolved in the normal course of business.
21. Regulatory Approval. Each Part reserves its rights with Each Part will, within seven (7) Days after delivery of th written
respect to whether this Agreement is subjec to Sectons 251 and 252 notice of dispute, designate a vice-president level employee or a
of the Act. In the event the FCC, a state commission or any other representative with authority to make commitments to review, meet,
govemmental authority or agency rejects or modifies any material and negotiate, in good faith, to reslve the dispute. The Parties intend
provision in this Agreement, whether by direct action or by virtue of that these negotiations be conducted by non-lawyer, business
generic proceedings, including without limitation, any pricing terms, representatives, and the locations, format, frequency, duration, and
either Part may immediately upon written notice to the other Part conclusions of these discussions will be at the discretion of the
terminate this Agreement in whole or in part, including without representatives. By mutual agreement, the representatives may use
limitation, with respect to Service in any state. In the event a Part other procedures to assist in these negotiations. The discussions and
exercises its right to terminate pursuant to this Section 21, the other correspondence among the representatives for the purposes of these
Part agrees to consent to any regulatory approvals necessary to negotiations will be treated as Confidential Information developed for
disconnect any circuits provided pursuant to this Agreement and purposes of settement, and will be exempt from discovery and
.rther agrees to provide any required notice to affected customer
ovember 17, 2010lkjclOrbitComl Qwest QLSpTM MSA - (v10-15-10)
-CDS-101021-0141; CO-CDS-101021-0142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-0145;
MT-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-eDS-101021-D150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-0153; WY-CDS-101021-D154
Page 7 of 12
production, and are not admissible in any subsequent. proceings
without the concurrence of both Parties.
25.2 If the designated representatives have not reched a
resolution of the dispute within fifteen (15) Days after the wrtten notice
, (or such longer period as agreed to in wrting by the Partes), then
either Part may commence a civil action. Any action will be brought in
the United States District Court for the District of Colorado if it has
subject matter jurisdiction over the action, and shall otherwse be
brought in the Denver District Court for the State of Colorado. The
Parties agree that such courts have personal jurisdiction over them.
25.3 Waiver of Jurv Trial and Class Action. Each Part, to the
extent permitted by law, knowingly, voluntarily, and intentionally waives
its right to a trial by jury and any right 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, arising
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.
27. Authorization. Each Part represents and warrants that:
A. the full legal name of the legal entity intended to provide and
receive the benefits and Services under this Agreeent is
accurately set forth herein;
B. the person signing this Agreement has been duly authorized
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 affected; and
D. each Part may act in reliance upon any instruction,
instrument, or signature reasonably believed by it to be authorized
and genuine.
28. Third Party Beneficiaries. The terms, representations,
warranties and agreements of the Partes set fort in this Agreement
are not intended for, nor will they be for the benefi of or enforceble
by, any third part (including, without limitation, CLEC's Affliates and
End Users).
29. Insurance. Each Part shall at all times during the term of
this Agreement, at its own cost and expense, 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 responsibilty in this Agreement. If a
Part or its parent company has assets equal to or exceeding
$10,000,000,000, that Part may utilze an Affliate captive insurance
company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Part is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this 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.
bodily injury, death, personal injury or propert damage,includiit
coverage for independent contractor's proteqton (required if any wo
will be subcontracted), products and/or completed operations a
contrctual liabilty with respect to the liabilty assumed by each Part
hereunder. The limits of insurance shall not be less than $1,000,000
each occurrence and $2,000,000 general aggregate limit.
29.3 "All Risk" Propert coverage on a full replacement cost basis
insuring all of such Part's personal propert situated on or within the
Premises.
29.4 Each Part may be asked by the other to provide
certficate(s) of insurance evidencing coverage, and thereafter shall
provide such certificate(s) upon request. Such certificates shall:
A. name the other Part as an additional insured under
commercal general liabilty coverage;
B. indicate that coverage is primary and not excess of, or
contrbutory with, any other valid and collectible insurance
purchased by such Part; and
C. acknowledge severabilty of interest/cross liability coverage.
30. Communications Assistance Law Enforcement Act of
1994. Each Part represents and warrants 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
Part harmless from any and all penalties imposed upon the other
Part for such noncompliance and will at the non-compliant Parts
sole cost and expense, modify or replace any equipment, facilties or
Service 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 .
Attchments, Rate Sheets, and other documents referred to herei .
constitutes the full and entire understanding and agreement between
the Parties with regard to the subject of this Agreement and
supersedes any prior understandings, agreements, or representations
by or between the Parties, written or oral, including but not limited to,
any term sheet or memorandum of understanding entered into by the
Parties, to the extent they relate in any way to the subjects of this
Agreement. Notwthstanding the foregoing, certin elements used in
combination with the Service provided under this Agreement are
provided by Qwest to CLEC under the terms and conditions of its
interconnecton agreement, and nothing contained herein is intended
by the Partes to amend, alter, or otherwse modify those terms and
conditions.
32. Proof of Authorization.
32.1 Each Part shall be responsible for obtaining and
maintaining Proof of Authorization (POA), as required by applicable
federal and state iaw, as amended from time to time.
32.2 Each Part will make POAs available to the other Part upon
request. In the event of an allegation of an unauthorized change or
unauthorized service in accrdance with Applicable Law, the Part
charged with the alleged infrction shall be responsible for resolving
such claim, and it shall indemnify and hold harmless the other Part for
any losses, damages, penalties, or other claims in connection with the
alleged unauthorized change or service.
33. General Terms.
29.2 Commercial General Liabilty insurance covering claims for
November 17, 2010lkjclOrbitCom/ Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0141; Co-CDS-101021-0142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-0145;
MT-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-CDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-0153; WY-CDS-101021-0154
.
Page 80f 12
33.2 In order to maintain and modemize the netwrk properly,
Qwest may make necessary modifcations and changes to its netwrk
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Netwrk maintenance and moderization
actvities will result in transmission parameters that are within
transmission limits of the Servce ordered by CLEC. Qwst will provide
advance notice of changes that affect netwrk Interoperabilty pursuant
to applicable FCC rules.
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,
demands, suits, liabilties, fines, penalties and expenses
(including reasonable attomeys' fees) that arise out of or result
from:
l1.1 Qwest will provide general repair and maintenance servces
. its facilties, including those facilities supporting Servces purchased
CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Qwest.
1. any Environmental Hazard that the Indemnifing Part,
its contrctors or agents introduce to the work locations; or
33.3 Netwrk Security.
2. the presenc or release of any Environmental Hazard
for which the Indemnifying Part is responsible under
Applicable Law.
A. Protecion of Servce and Propert. Each Part will exercise
the same degree of care to prevent harm or damage to the other
Part and any third partes, its employees, agents or End User
Customers, or their propert as it employs to protect its own
employees, agents, End User Customers and propert, , but in no
case less than a commercially reasonable degree of care.
.
B. Each Part is responsible to provide security and privacy of
communications. This entails protecting the confidential nature of
Telecommunications transmissions betwen 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
Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or
who participated in such communications or even that such
communication has taken place. Violation of such security may
entail state and federal criminal penalties, as well as civil
penaltes. CLEC is responsible for covering its employees on
such security requirements and penalties.
B. In the event any suspect materials within Qwest-owned,
operated or leased facilities are identified to CLEC by Qwest to be
asbestos containing, CLEC will ensure that to the extent any
activities which it undertakes in the facility disturb such suspec
materials, such CLEC actvities will be in accrdance with
Applicable Law, including without limitation, applicable locl, state
and federal environmental and health and safety statutes and
regulations. Except for abatement activities undertken by CLEC
or equipment placement actvities that result in the generatin 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
undertkes any asbestos control or asbestos abatement activities
that potentially could affect CLEC personnel, equipment or
operations, including, but not limited to, contamination of
equipment.
C. The Partes' netwrks are part of the national security
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 Parties are responsible for their
employees with respect to such security requirements and
penalties.
D. Qwest shall not be liable for any losses, damages or other
claims, including, but not limited to, uncollectble or unbilable
revenues, resulting from accidental, erroneous, malicious,
fraudulent or otherwse unauthorized use of Services or facilities
('Unauthorized Use"), whether or not such Unauthorized Usecould have been reasonably prevented by Qwst, except to the
extent Qwest has been notified in advance by CLEC of the
existence of such Unauthorized Use, and fails to take
commercially reasonable steps to assist in stopping or preventing
such activity.
33.4. Constructon. Qwst will provide necessary constrction
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
coider such requests on an Individual Case Basis.
33.6. Responsibilty For Environmental Contamination.
Anvember 17, 2010/kjclOrbitComl Qwest QLSpTM MSA - (v10-15-10)
~-CDS-101021-0141; Co-CDS-101021-0142; IA-CDS-101021-Q143; ID-CDS-101021-0144; MN-CDS-101021-0145;
MT-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-eDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-Q153; WY-CDS-101021-0154
Page 90f12
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. se.), as
amended.
"Advanced Intellgent Netwrk" or "AIN" is a Telecommunications netwrk
architecture in which call processing, call routing and netwrk management
are provided by means of centralized databases.
"Affliate" means a Person that (directly or indirectly) owns or controls, is
o.wned or contrlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the term 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 percent.
"Automatic Location Identification" or UALI" is the automatic display at the
Public Safety Answenng Point of the callets telephone number, the
address/location of the telephone and supplementary emergency serces
information for Enhance 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 junsdicton reviewing the regulations, rules, or orders of the
FCC or a state regulatory authonty.
"Bil Date" means the date on which a Billing period ends, as identified on
the bilL.
"Biling" involves the provision of appropriate usage data by one
Telecommunications Carner to another to facilitate Customer Biling with
attendant acknowledgments and status report. It also involves the
exchange of information between Telecommunications earners to proce
claims and adjustments.
"Carrier" or "Common Carner" See Telecommunications Carrier.
"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, propnetary, 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.
"Customet' means the Person purchasing a Telecmmunications Service
or an information service or both from a Carner.
"Day" means calendar days unless otherwse specified.
"Demarcation Point" is defined as the point at which the LEC ceases to
own or control Customer Premises winng including without limitation inside
winng.
"Directory Assistance Database" contains only those published and non-
listed telephone number listings obtained by Owest from its own Ene
Customers and other Telecmmunications Carners.
UDirectory Assistance Service" includes, but is not limited to, making
available to callers, upon request, information contained in the Directory
Asistance 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 subscnbes
to a Telecmmunications Service provided by either of the Partes or by
another earner or by tw (2) or more earners.
"Environmental Hazardu means any substance the presence, use,
trnsport, 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
Occupational Safety and Health Act and provisions with similar purposes in
applicable foreign, state and local junsdictions) 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.
"FCCU means the Federal Communications Commission.
"Interexchange Carneru or uIXC" means a Carrier that provides InterLATA
or IntraLATA Toll service.
"Line Information Database" or "L1DB" stores vanous telePhon.
numbers and Special Billing Number (SBN) data used by operator se s
systems to process and bil Altemately Biled Services (ABS) calls. The
operator services system accsses L1DB data to provide onginating line
(callng number), Biling number and terminating line (called number)information. L1DB is used for callng card validation, fraud prevention,
Billng or service restrctons and the sub-accunt information to be
included on the call's Biling record. Telcordia's GR-446-CORE defines the
interface between the administration system and L1DB including specific
message formats (Telcordia's TR-NWP-000029, Section 10).
"Line Sideu refers to End Ofce Switch connections that have been
programmed to treat the circuit as a local line connected to a terminating
station (e.g., an End User Customer's telephone station set, a PBX,
answenng machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carrier" or "LEC" means any Carrier that is engaged in
the provision of Telephone Exchange Service or Exchange Accss. Such
term does not include a Carrier insofar as such Carner 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 trnsmission facilty between a
distnbution frame (or its equivalent) in a Qwest Central Offce and the Loop
Demarcation Point at an End User Customer's Premises
"Local Service Request" or "LSRu means the industry standard forms and
supporting documentation used for ordering local services.
November 17, 2010lkjclOrbitCom/ Owest QLSpTM MSA- (v10-15-10)
AZ-CDS-101021-0141; CO-CDS-101021-0142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-0145;
MT-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-Q148; NM-CDS-101021-0149; OR-CDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-0153; WY-CDS-101021-Q154
.
Page 10 of 12
,
.
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1~ DEFINITONS
."Misceii~neous Charges" i:ean charges that Qwest may assess in addition
t mng and nonrecumng rates set fort in the Rate Sheet, for activities
requests Qwest to perorm, 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 Qwests recurring or nonrecurring rates. Miscellaneous
Charges shall be contained in or reference 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 Bniing and collection orused in the trnsmission, routing, or other provision of a
Telecommunications Service or an information service or both, as is more
fully descrbed in this Agreement.
UOperational Support Systems" or "OSS" mean pre-ordering, Provisioning,
maintenance, repair and biling systems.
"Order Form" means service 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, partership, trust o~
any other form or kind of entity.
"Port" means a line or trunk connection point, including a line card and
associated peripheral equipment, on a 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 Customets netwrk address.
'.ises" refers to Qwst's Central Ofce and Serving Wire Centers; all
buildings or similar strctures owned, leased, or otherwse controlled by
Qwest that house its netwrk facilties; all strctures 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 Centrl
Ofce, Wire Centers, buildings and structures.
"Proof of Authorization" or "POA" shall consist of verification of the End
User Customets selecton and authorization adequate to document the
End User Customets selection of its local servce provider and may take
the form of a third part verification format.
"Provisioning" involves the exchange of information betwen
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 trnsmission facilities,
whether by wire or radio, provided by any Common Carrier including LECs,
IXCs and CMRS providers that use the North American Numbering Plan in
connecton with the provision of switched services.
"Serving Wire Centet' denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a partcular
Customer Premises.
Accss Tandem Switches),and betwen Tandem Switches within the
Local Callng Area, as described more fully in this Agreement.
"SwitchU means a switching device employed by a Carrer within the Public
Switched Netwrk. Switch includes but is not limited to End Offce
Switches, Tandem Switches, Accs Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End Offcerrandem Switches.
"Switched Accss Traffc; as specifically defined in Qwsts interstate
Switched Access Tariff, is traffc that originates at one of the Part's End
User Customers and terminates at an IXC Point of Presence, or originates
at an IXC Point of Presence and terminates at one of the Part's End User
Customers, whether or not the traffc transits the other Part's netwrk.
"Tariff as used throughout this Agreement refers to Qwst interstate
Tariff and state Tariff, price lists, and price schedules.
''Telecommunications Carrer" means any provider of Telecmmunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Act). A
Telecommunications Carrier shall be treated as a Common Carrier under
the Act only to lhe extent that it is engaged in providing
Telecommunications Services, except that the FCC shall determine
whether the provision of fixed and mobile satellte servce shall be treated
as common carriage.
"Telecommunications Servces" means the offering of telecmmunications
for a fee directly to the public, or to such classes of user as to be
effectively available directly to the public, regardless of the facilties used.
''Telephone Exchange Service" means a Service within a telephone
exchange, or within a connected system of telephone exchanges within the
same exchange area operated to furnish to End User Customers
intercommunicating Service of the character ordinarily fumished by a single
exchange, and which is covered by the exchange Service charge, or
comparable Service provided through a system of Switches, transmission
equipment or other facilties (or combinations thereof) by which a
subscriber can originate and terminate a Telecommunications Service.
"Trunk Side" refers to Switch connections that have been programmed to
treat the circuit as connected to another switching entity.
'Wire Center" denotes a building or space within a building that serves as
an aggregation point on a given Carriets netwrk, where transmission
facilties are connected or switched. Wire Center can also denote a
building where one or more Central Ofces, used for the provision of basic
exchange Telecommunications Services and access Services, are located.
Terms not otherwse defned 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 fort in the Act and the rules
implementing the Act.
"Shared Transport" is defined as local interoffce transmission facilties
shared by more than one Carrier, including Qwest, between End Ofce
IChes, between End Ofce Switches and Tandem Switches (local and
mber 17, 2010lkjclOrbitComl Qwest QLSpTM MSA - (v10-15-10)
- DS-101021-0141; CO-CDS-101021-0142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-eDS-101021-0145;
MT-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-eDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-Q153; WY-CDS-101021-0154
Page 11 of 12
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
November 17, 2010lkjclOrbitCom! Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0141; CO-CDS-101021-0142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-COS-101021-0145;
MT-eDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-eOS-101021-0150;
SD-CDS-101021-0151; UT-eDS-101021-0152; WA-CDS-101021-0153; WY-CDS-101021-0154
Page 12 of12
"
.
.
.
.
1.0.
.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
Owest will provide Qwest Local Services Platfo~
("QLS~') Services accrding to the tèrms and conditionsset fort in the QLSP Agreement between the Parties (the
"Agreemenl) and in this Attchment 2 to the Agreement,
which is incorporated into and made a part of the Agreement
(this "Attchmenf'). Except as otherwse set forth in thisAttchment, capitalized terms used but not otherwse
defined herein have the definitions assigned to them in the
Agreement. CLEC may use QLSP Services to provide any
Telecommunications Services, information service (or both)
that CLEC chooses to offer to the extnt that such services
are granted herein or not limited hereby.
1.2.1 Pursuant to the order issued by the FCC
pertining to the availabilty of Unbundled Netwrk Element
("UNE") Loops under Section 251(c)(3) of the Act in itsRepor and Order-Petition of Qwest Corpration for
Forbearance Pursuant to 47 U.S.C. § 160(C) in the Omaha
Metropolian Statistical Are, FCC 05-170, WC Docket No.
04223, (effective September 16, 2005), Owest will provide
to CLEC the Loop element of QLSP Services purchased in
the following nine Omaha Nebraska Wire Ceters under the
terms and conditions of the Agreement and this Attchment
at Rates provided in the Rate Sheet: Omaha Douglas;
Omaha Izard Street; Omaha 90th Street; Omaha Fort Street;
Omaha Fowler Street; Omaha 0 Street; Omaha 78th Street;
Omaha 135th Street; and Omaha 156th Street.
1.2.2 The following QLSP Servce types will be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(incuding 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.
1.1 General QLSP Service Description.
1.1.1 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Advanced
Intellgent Netwrk ("AIN") Services, e.g., remote accss
forwrding, and Qwest Voice Messaging Services ("VMS")
may also be purchased with compatible QLSP Services.
These Netwrk Elements will be provided in compliance with
all Telcordia and other industry standards and technical and
performance specifications to allow CLEC to combine the
QLSP Services with a compatible voicemail product andstutter dial tone. Owest will provide access to 911
emergency services and directory listings in accrdance with
the terms and conditions of CLEC's interconnecton
agreements ("I CAs"), except that the business end user rate
in the applicable tariff applies to all end user premium and
privacy directory listings (with the exception of residential
additional listings, I.e., USOC RL T) when servces are
provisioned to CLEC under this Agreement whether CLEC's
end user is a residential end user or a business end user.
As part of the QLSP Service, Qwest combines the Netwrk
Elements that make up QLSP Service with analog/digital
capable Loops, with such Loops (including services such as
line splitting) being provided in accrdance with the rates,
terms and conditions of the CLEC's ICAs. CLEC may also
purchase Qwest Commercial High Speed Internet (HSI)
Service (also known as Qwest Digital Subscriber Line(
(DSL)), under a separate Services agreement, to be usedwith compatible QLSP Servce.
1.2.3 QLSP PBX Analog 2-Way DID Trunks will be
combined with 4 wire loops.
1.3 Local Switching. The Local Switching Netwrk Element
("Local Swiching") is collecively the Line Side and TrunkSide facilities in the local servng Owst end offce Switch
which provides the basic switching functon, the port, plus
the features, functions, and capabilties of the switch
including all compatible, available, and loaded vertcal
features (e.g., anonymous call rejection) that are loaded in
that switch. Vertcal features are softare attributes on end
offce Switches and are listed on the Qwest wholesale
website. Owest signaling is provided with Local Switching
solely as described in Secton 1.4.2 of this Attchment. The
following Local Switching port are available with QLSP
Service: Analog Line Port, Digital Line Port Supporting
Basic Rate Interface-Integrated Services Digital Netwrk
("BRI ISDN"), and Analog Trunk Ports.
1.3.1 Analog Line Port. Line Port attributes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detecton; audible and power/ringing;
Automatic Message Accunting (AMA Recording); and
blocking options.
1.1.2 QLSP Service is available in six different service
arrangements, each of which is described more fully below:
QLSP Residential; QLSP Business; QLSP Centrex
(including Centrex 21, Centrex Plus and, in Minnesota only,Centron); QLSP ISDN BRI; QLSP Public Accss Lines
("PAL"); QLSP PBX Analog DID and non-DID (one way andtw way) trnks.
1.3.2 Digital Line Port Supporting SRI ISDN. BRI ISDN
is a digital architecture that provides integrated voice and
data capabUity (2 wire). A BRI ISDN Port is a Digital 2B+D
(2 Bearer Channels for voice or data and 1 Delta Channel forsignaling and 0 Channel Packet) Line Side Switch
connecton with BRI ISDN voice and data basic elements.
For flexibilty and customization, optional features can be
added. BRI ISDN Port does not offer B Channel Packet
service capabilties. The serving arrangement conforms to
the intemationally developed, published, and recgnized
standards generated by International Telegraph and
Telephone Union (formerly CCITT).
1.1.3 Nothing in this Attchment or the Agreement
precludes Owest from withdrawing availabilty of
comparable, functionally equivalent services from its retail
end user customers. In the event of such withdrawal or
discontinuation, Qwest may also withdraw availabilty of the
equivalent QLSP Servce.
1.2 Combination of QLSP Service with Loops. Except as
descrbe below, the Loop will be provided by Qwest under
the applicable ICAs in effect between Qwest and CLEC at
the time the order is placed. As part of the QLSP Service,
Owest will combine the Local Switching and Shared
Transport Netwrk Elements with the Loop.
1.3.3.1 Analog trunk Ports provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or
4-Wire connections. This Trunk Side connection
1.3.3 Analog Trunk Port. DSO analog trunk Ports can be
configured as DID, DOD, and tw-way.
.vember 17, 2010lkjclOrbitCom/ Attachment 2 - QLSP~ - (v8-20-10)
-CDS-10102M141; Co-CDS-101021-Q142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-0145;
. T-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-eDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-0153; WY-CDS-101021-Q154
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~Service Description
inherently includes hunting within the trnk group.and terminating line (called number) information; callng card
validation; frud prevention; Biling or servce restricto.
sub-accunt information to be included on the call's Billi
record; and callng card, biled to third number, and collect
call information used in processing Alternately Biled
Services (ABS).
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Offce. For 2-Wire service, the trunks are
converted at the End User Customets location.
1.3.3.3. Two-way analog DID trunks are capable of
initiating out going calls, and may be equipped with
either rotary or touch-tone (DTMF) for this purpose.
When the trunk is equipped with DID call trnsfer
feature, both the trunk and telephone instrments
must be equipped with DTMF.
1.3.3.4 Two-way analog DID trnks require E&M
signaling. Qwest will use Type i and II E&M
signaling to provide these trnks to the PBX. Type ii
E&M signaling from Qwst to the PBX will be
handled as a special assembly request on an
Individual Case Basis.
1.4.5 The ICNAM database is used with certin end
offce Switch features to provide the calling parts name to
CLEC's End User Customer with the applicable feature
capabilty. The ICNAM database contains current listed
name data by working telephone number served or
administered by Qwest, including listed name data provided
by other Telecommunications Carrers participating in
Qwts callng name delivery service arrangement.
1.3.4 Usage. Local Switching Usage is biled on a
Minute of Use ("MOU" basis as described within this
Attchment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
1.4.6 Qwest will provide the listed name of the callng
part that relates to the callng telephone number (when the
information is actually available in Qwests database and the
delivery is not blocked or otherwse limited by the callng
part or other appropriate request).
1.4 Vertical Features and Ancilary Functions and Services.
1.4.7 For CLEC's QLSP End User Customers, Qwest
will load and update CLEC's QLSP End User Customers'
name information into the L1DB and ICNAM databases from
CLEC's completed service orders. CLEC is responsible for
the accuracy of its End User Customers' information.
1.4.1 QLSP Service includes nondiscrminatory accs to
all vertcal features that are loaded in the Local servng
Qwest end offce switch.
1.4.8 Qwest will exercise reasonable effor to provide
accrate and complete L1DB and ICNAM information. The
information is provided on an as-is basis with all faults.
Qwest does not warrant or guarantee the correctness or the
completeness of such information; however, Qwest will
accs the same database for CLEC's QLSP End ult
Customers as Qwest accesses for its own End U
Customers. Qwest will not be liable for system outage 0
inaccessibilty or for losses arising from the authorized use of
the data by CLEC.
1.4.2 Local Switching includes use of Qwests signaling
netwrk (ISUP call set-up) solely for Local Traffc. "Local
Traffc" and "Local Calls" means calls that originate and
terminate within the Local Calling Area as defined in the
Qwst tariff. Qwest will provide service control points in the
same manner, and via the same signaling links, as Qwst
uses such service control points and signaling links to
provide service to its End User Customers served by that
switch. Qwests call related databases include the Line
Information Database (L1DB), Internetwrk Callng Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portbilty Database. CLEC
will not have access to Qwests AIN-based services that
qualify for proprietary treatment, except as expressly
provided for in the Agreement or this Attchment. Local
Switching does not include use of Qwests signaling netwrk
for Toll Traffc. "Toll Traffc" and "Toil Calls" means intra local
accss and transport area ("LATA") or interLATA calls that
originate and terminate outside of the Local Callng Area as
defined in the Qwest tariff. For all Toll Traffc originated by
or terminated to CLEC's QLSP End User Customer, Qwest
may bil applicable tariff charges, including SS7 message
charges (ISDN User Part (ISUP) and Transaction
Capabilties Application Part (TCAP)), to the Interexchange
Carrer (IXC) or other wholesale SS7 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 Transport and Toll.
1.4.3 ICNAM and L1DB. CLEC will have non-
discriminatory access to Qwests L1DB database and ICNAM
database as part of the delivery of QLSP Servce.
1.5.1 Shared Transport. The Shared TransportNetwrk Element ("Shared Transport) provides the
collective interoffce transmission facilties shared by various
Carrers (including Qwest) betwen end-offce switches and
between end-offce switches and local tandem switches
within the Local Callng Area. Shared Transport uses the
existing routing tables resident in Qwest switches to carr
the End User Customets originating and terminating
local/extended area service interoffce Local traffc on the
Qwest interoffce message trunk netwrk. CLEC traffc will
be carried on the same transmission facilties between end-
offce switches, between end-offce switches and tandem
switches and between tandem switches on the same
netwrk facilties that Qwest uses for its own traffc. Shared
Transport does not include use of tandem switches or
transport betwen tandem switches and end-offce switches
for Local Calls that originate from end users served by non-
Qwest Telecommunications Carriers ("Carrier(s)" which
terminate to QLSP End Users.
1.4.4 The L1DB database contains the following data:
various telephone line numbers and special biling number
(SBN) data; originating line (callng number); biling number
November 17, 2010lkjclOrbitComl Attachment 2 - QLSP~ - (v8-20-10)
AZ-CDS-101021-0141; CO-CDS-101021-0142; IA.CDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-0145;
MT-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-CDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-0153; WY-CDS-101021-0154
.
2
QWEST LOCAL SERVICES PLATFORM(! AGREEMENT
ATTACHMENT 2-QLSP(! Service Description.1.5.2 Originating Toll Calls from, and terminating Toll
Calls. to, QLSP End Users will be delivered to/from the
designated IXCs frm the Qwest end-offce switches and
accss tandems. Use of access tandem switches are not
included in the Agreement or this Attchment and acces
tandem charges, if any, may be biled by Qwest to the IXC(s)
under the applicable accss tariff.
except for those Loops that are otherwse provided for in the
Agreement.
1.5.3 IntraLATA and InterLATA Carrier Designation.
QLSP includes the capabilty for selecion of the interLATA
and intraLATA Toll provider(s) on a 2-Primary Interexchange
Carrer (PIC) básis. CLEC will designate the PIC
assignment(s) on behalf of its End User Customers for
interLTA and intra LATA Services. All CLEC initiated PiC
changes will be in accrdance with all Applicable Laws, rules
and regulations. Qwest will not be liable for CLEC's
improper PIC change requests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Qwest does not
authorize CLEC to offer, request, or select Qwest LPIC 5123
servce to CLEC's End User Customers for intraLATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwst LPIC 5123 to CLEC's End User
Customers, Qwest will bil CLEC and CLEC will pay Qwest
the rates contained or reference in the attched Rate
Sheet.
1.6.4 QLSP PAL is available to CLEC for only CLEC's
Payphone Service Providers (PSPs) 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 accordance with CLEC's ICAs, except for
those Loops that are otherwse provided . for in the
Agreement.
1.6.5 QLSP PBX is available to CLEC for CLEC's
business End User Customers.
1.6.5.1 PBX analog non-DID trunks are combinations
of an analog Line Side Port and Shared Transport
provided under the Agreement with an analog - 2 wire
voice grade. Loop provided in accrdance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the/Agreement.
1.5.5 Usage. Shared Transport is biled on a MOU
basis as described within this Attchment. Rates for
.Sháred Transport Usage" or "Shared Transport MOUs" are
provided in the QLSP Rate Sheet.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 2 wire
voice grade Loop provided in accrdance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6.QLSP Service Arrangement Descriptions.
1.6.5.3 PBX with analog 2- way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 4 wire
voice grade Loop provided in accrdance with CLEC's
ICAs, except for those Loop thàt are otherwse
provided for in the Agreement.
1.6.1 QLSP Business is available to CLEC for CLEC's
business End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accrdance with CLEC's ICAs, except for those
Loops that are otherwse provided for in the Agreement.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Servces
include Centrex 21, Centrex Plus and, in Minnesota only,
Centron, and are the combination of an analog Line Side
Port and Shared Transport provided under the Agreement
with an analog - 2 wire voice grade Loop provided in
accrdance with CLEC's I CAs, 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 cobination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accrdance with CLEC's i CAs, except as
otherwse provided for in the Agreement. QLSP Residential
may be ordered and provisioned ónly for residential End
User Customer application. The definition of residential
service is the same as in Qwests retail tariff as applied to
Qwests End User Customers.
1.6.2.1 CLEC may request a conversion from Centrex
21, Centrex-Plus or Centron servce to QLSP Business or
QLSP Residential. The Conversion NRC(s) provided in
the Rate Sheet will apply.
1.6.6.1 In order for CLEC to receive QLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must identify
residential end users by working telephone number
(WTN) utilzing the LSR proess as descrbed in the
Qwest wholesale website.
2.0 Additional Terms and Conditions and Service Features.
1.6.2.2 Qwest will provide accss to Customer
Management System (CMS) with QLSP-Centrex at the
rates set forth in the Rate Sheet.
2.1 Qwst does not warrnt the availability of facilties at any
serving wire center. QLSP Servces will not be available if
facilties are not available. Qwest represents and warrants
that it will not otherwse restrict facilties eligible to provide
QLSP Service and that any and all facilities that would
otherwse be available for retail service to a Qwest End User
Customer will be considered eligible for use by CLEC for
QLSP Service to serve that same End User Customer.
1.6.3 QLSP ISDN BRI is available to CLEC for CLEC's
End User Customers and is the combination of a Digital Line
Side Port (supportng BRI ISDN), and Shared Transport
provided under the Agreement with a Basic Rate ISDN-
capable Loop provided in accrdance with CLEC's ICAs,
.vember 17, 2010lkjclOrbitCom/ Attchment 2 - QLSP(! - (v8-20-10)
. -CDS-101021-0141; CO-CDS-101021-0142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-0145;
T-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-eDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-0153; WY-CDS-101021-0154
3
2.2
2.3
QWEST LOCAL SERVICES PLATFORMI1 AGREEMENT
ATTACHMENT 2-QLSPI1 Service Description
Loop Start ("LPS") to Ground Start ("GST") and GST to
LST Changes ("LPS/GST Change") are available with
QLSP Services. POTS Service (e.g., a QLSP Centrex 21
line) can functionally and operationally be provisioned as
either LPS or GST. Unless specifically reuested otherwse,
Qwest provisions POTS Servce as LPS. GST is generally
provisioned for Private Branch Exchange ("PBX") ty
services. 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.
2.2.1 The Subsequent Order Charge provided in the
QLSP Rate Sheet and the Qwest retail Tariff nonrecurrng
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, will be added to servce orders
requesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwest will provide to CLEC
certain originating and terminating call recrds ("usage
information") generated by CLEC's QLSP end user via a
DUF.
2.3.1 Qwest will provide to CLEC Local Call usage
information within Qwests control with respect to calls
originated by or terminated to CLEC QLSP End User
Customers in the form of the actual information that is
comparable to the information Qwest uses to bil its own End
User Customers.
2.3.2 Qwest will provide to CLEC usage information
necessary for CLEC to bil for interLATA and intr LATA
exchange access to the IXC (excluding intrLATA usage
information if Qwest LPIC 5123 is selected as the intrLATA
Toll provider) in the form of eithr the actual usage or a
negotiated or approved surrgate 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 will provide DUF records for the following:
all usage occurrence bilable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrupt (BLI);
originating local usage; usage sensitive CLASS features;
and Qwest-provided intraLATA tolL.
2.3.4 Local Call usage records will be provided as
Category 01 or Category 10 EMI records via the DUF.
Terminating Local Call usage records are not collected or
available and will not be provided.
2.4 Feature .and interLATA or intraLATA PIC changes or
additions for QLSP, will be processed concurrently with the
QLSP order as specified by CLEC.
Accss to 911/E911 emergency Services for CLEC's End
User Customers will be available in accrdance with CLEC's
I CAs. If Qwest is no longer obligated to provide accss to
911/E911 emergency services in accrdance with 47 U.S.C.
§251 , Qwest will then provide such services under the
Agreement with respect to all CLEC QLSP Service End User
Customers and new QLSP Service End User Customers, to
the same degree and extent that 911/E911 emergency
services were provided by Qwest prior to the elimination of
911/E911 emergency services as an obligation under 47
November 17, 2010lkjclOrbitCom/ Attchment 2 - QLSPI1 - (v8-20-10)
AZ-CDS-101021-0141; Co-CDS-101021-0142; IA-CDS-101021-Q143; ID-CDS-101021-0144; MN-eDS-101021-0145;
MT-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-CDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-0153; WV-CDS-101021-0154
2.5
2.6
U.S.C. §251.
Qwst AIN and VMS are offered on a commercial basis a.
may be purchased with ÐLSP at the rates set forth in the
attched Rate Sheet. Retail promotions may not be
combined with QLSP.
2.7 If Qwestdellelops and deploys new local switch features for
its End User Customers, those switch features will be
available with QLSP Service 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
receive any applicable universal service subsidy or other
similar payments.
2.9 Qwest Operator Services and Directory Asistance Services
are provided under the terms and conditions of CLEC's
ICAs.
3.0 Rates and Charges.
3.1 The recurring ("MRC") and NRC rates for QLSP Services
and all associated QLSP applicable usage-based rates and
miscellaneous charges are set fort or incorporated by
reference into the attched QLSP Rate Sheets. Rates for
QLSP Service are in addition to the applicable rates for
elements and Services provided under CLEC's I CAs.
Applicable intercrrer compensation rates and charges
(such as accss charges, reciprocal compensation, andother charges for elements and servces) are applicable a~
are provided under a separate Agreement or Tariff. .
QLSP rates Effective Date through Term. Startng on the
Effecive Date of the Agreement, rates for the Service will be
those provided or referenced in the attched Rate Sheet.
The MRCs for the switch port will be adjusted annually,
effectve January 1 of each year through the term of the
Agreement. CLEC is eligible for and will receive discounts
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 discount rate for which CLEC
qualifies. Basic Plan MRCs will apply if CLEC does not
qualify for any discount.
3.2
3.2.1 90% YOY Volume Retention Plan: If the
number of CLEC's QLSP total lines as of October 31 of
each year 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% discount off
of the Business. Port and a 2% discount off of the
Residential Port MRCs applicable during the next
calendar year.
3.2.4 115% YOY Volume Growth Plan: If the
number of CLEC's total QLSP lines as of October 31 of
each year equals or exceeds 115% of the sum of
CLEC's total 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 off of.
4
.
3.3
3.4
.
QWEST LOCAL SERVICES PLATFORM(l AGREEMENT
ATTACHMENT 2-QLSP(l Service Description
the Business Port MRCs and a 6% discount off of the
Residential Port MRCs applicable during the next
calendar year.
3.7.3 Transit. For any call originated by an end user
served by a Carrer that routes through Qwests netwrk and
which terminates to a QLSP End User, Qwst retains its
rights to bil the originating Carrer Transit charges for that
call under the orginating Carriets Agreement.
For purposes of counting CLEe's total QLSP lines in section
3.2 as of October 31 of each year, Qwest will include all
QLSP lines, if any, from the previous year. For example, to
determine 2011 QLSP rates, Qwest will use the total number
of CLEC's QLSP lines as of October 31, 2009 compared to
CLEC's total number of QLSP lines as of October 31, 2010
in order to calculate CLEC's discount eligibilty on January 4,
2011. Each subsequent adjustment will be effective on each
January 1 during the term of the Agreement.
3.7.4 Other. Owest retains its rights to billXCs or other
Carrers, as applicable, any and all. other acc charges
and assessments not expressly addressed in this section,
including but not limited to flat rate transport charges, in
accance with the applicable Tariff
3.8 Local Switching Usage and Shared Transport Minute of
Use (MOU) This secion describes the use of the Qwest
netwrk for different call tyes originated by or terminated to
QLSP End Users. This secton does not affect Qwsts
rights to charge IXCs for signaiing as descrbed in Section
1.4.2 of this Attchment.
Except as otherwse provided herein, the Loop element
combined with a QLSP Servce will be provided in
accrdance with CLEC's ICAs with Qwest at the rates set
fort in those ICAs.
3.4.1 Loops provided under the Agreement. Upon
thirt (30) Days notice via the standard commercal
notification process, Owest may change monthly recurrng
charges for the Omaha, Nebraska Loop elements provided
under the Agreement. Additionally, notwthstanding the
rates reflected in the Nebraska QLSP Rate Sheet, the
Parties understand and agree that Owest has the right to
adjust commercial port rates in Nebraska after the Nebraska
PSC issues a final order related to Application No.
e-3554/PI-112 and CLEC's continued use of any Services in
Nebraska constitutes its acceptance of such updated rates.
3.8.1 Originating IntraOfce Local Calls - This
originating Local Call requires switching by the local servng
Qwst end offce Switch only. When this call type is
originated by a QLSP End User, Local Switch Usage
charges provided in the QLSP Rate Sheet will apply. For
these call types that also terminate to an end user served by
a Carrer, Qwet may pay that Carrer certin terminating
compensation charges under terms and conditions of a
separate ICA.
3.5 3.8.2 Originating InterOce Local Calls. This
originating Local Call requires switching by the local serving
Owest end offce and other interoffce switching for Local
traffc. When this call type is originated by a QLSP end user,
Local Switch Usage per MOU and Shared Transport per
MOU charges provided in the Rate Sheet will apply. For
these call types that also terminate to an end user served by
a non-Qwest Carrer, Owest may pay that Carrer certain
terminating compensation charges under terms and
conditions of a separate ICA
CLEC will be responsible for billng its QLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statute, regulation or as otherwse
required.
3.6 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' interLTA or intra LATA Carrer must be
requested by CLEC on behalf of its End User Customer.
3.7 3.8.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local serving Qwst end offce.
If the QLSP End Usets selected IXC does not have direc
trnking to the local serving Owest end offce, Shared
Transport is required to deliver that call to the Access
Tandem for delivery to the IXC. When this call type is
originated by a QLSP end user, Local Switch Usage
provided in the QLSP Rate Sheet applies. Additionally, if
Shared Transport is necessary to deliver the call to the
Accss Tandem, Shared Transport Usage charges provided
in the QLSP Rate Sheet will apply. For these call types that
require Shared Transport, Qwest retains its rights to bil the
IXC .for Tandem elements under the Tariff.
Intercarrier Compensation. Except as specifically
described in this Section, the Agreement does not change or
amend applicable intercarrer compensation arrangements
(including but not limited to Switched Access, Signaling, or
Transit charges) between any partes, including between
Owest and Carriers or IXCs.
3.7.1 Switched Access. For QLSP End User
Customer(s), Qwst will not charge to or collect from the IXC
usage based end offce and loop Switched Access charges
(such as Switched Access Local Switching, End Ofce
Shared Port, Tandem Transmission and Carrer Common
Line) for InterLATA or IntraLATA Toll Calls originating or
terminating from that QLSP End User Customets line to an
IXC.
3.8.4 Terminating IntraOfce and InterOce Local
Calls. This terminating Local Call requires switching by the
local serving Qwst end offce and in certin instances other
interoffce switching within the Local Calling area. When a
call is terminated to a QLSP end user, no charges will apply
under QLSP. For these call types that originate from an end
user served by a Carrer, Owest retains its rights to bil that
Carrier certin Transit charges as descrbed in Secon 3.7
above.
3.7.2 Signaling. Owest retains its rights to charge IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as L1DB,
ICNAM and 8XX) associated with interLATA and intraLATA
Toll Calls originated by or terminated to a QLSP End User
under the applicable Tariff.
.vember 17, 2010/kjclOrbitComl Attachment 2 - QLSP(l - (v8-20-10)
-CDS-101021-0141; CO-CDS-101021-0142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-0145;
T-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-eDS-101021-0150;
SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-0153; WY-CDS-101021-0154
5
3.9
3.10
3.11
4.0
4.1
4.2
4.3
QWEST LOCAL SERVICES PLATFORMil AGREEMENT
ATTACHMENT 2-QLSPil Service Description
3.8.5 Terminating IXC Toll Calls. This tenninating Toll
caii alwys requires switching by the local servng Qwest
end offce. If the originating callets IXC does not have dire
trunking to the QLSP end usets local servng Qwt end
offce switch, Shared Transport is required to tenninate the
call to the receiving QLSP end user. When this call tye is
tenninated to a QLSP end user, Local Switch Usage
charges provided in the Rate Sheet will apply. Additionally,
if Shared Transport is necesary to deliver the call to the
QLSP end user from the accss tandem, Shared Transport
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, Qwest retains
its rights to bil the IXC for Tandem elements under the
Tariff.
3.8.6 Originating Toll Calls when QC is the
IntraLATAToll provider. See Section 1.5.4 above.
Qwest will have a reasonable amount of time to implement
system or other changes necessary to bil CLEC for rates or
charges associated with QLSP Services
QLSP Services have a one-month minimum service period
requirement for each CLEC End User Customer. The one-
month minimum service period is the period of time that
CLEC is required to pay 100% of the MRC for the Service
even if CLEC does not retain Service for the entire month.
QLSP Service are biled month to month and will after the
one month minimum service period is satisfied be pro-rted
for partial months based on the number of days Servce was
provided.
The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing service,
including changing a telephone number, initiating or
removing suspension of Service, denying or restoring
service, adding, removing or changing features, and other
similar requests.
Systems and Interfaces.
Qwst and CLEC will support the use of current OSS
interfaces and OSS business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time.
QLSP Services are ordered utilzing the LSR procss as
described in the Qwest wholesale website.
Prior to placing an order on behalf of each End User
Customer, CLEC will be responsible for obtaining and will
have in its possession a Proof of Authorization as set forh in
the Agreement.
4.4 When Qwest or another provider of choice, at the End User
Customets request, orders the discontinuance of the End
User Customets existing service with CLEC, Qwest willrender its closing bil to CLEC effective as of the
disconnection. Qwest will notify CLEC by FAX, OSS
interface, or other agreed upon processes when an End
User Customer moves to Qwest or another service provider.
Qwest will not provide CLEC or Qwst retail personnel with
the name of the other service provider selected by the End
User Customer.
4.5
5.0
6.0
6.1
The Partes will provide each other with points of contact fo.r
order entr, problem resolution, repair, and in the eve
special attention is required on service request.
Qwst will bil CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Biling period, in an
agreed upon standard electronic fonnat. Billing infonnation
will include a summary bil and individual End User
Customer sub-accunt infonnation. If CLEC needs
additional or different billing infonnation in order to properly
bil its End Users or other Carrers (including Qwest), Qwest
will work with CLEC in good faith to deliver such infonnation.
Maintenance and Repair.
Qwst will maintain facilities and equipment that comprise
the QLSP Serice provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Qwest facilities or equipment, other than by
connection or disconnection to any interfce between Qwest
and the End User Customer, without the written consent of
Qwest.
6.2 Qwest will provide general repair and maintenance Services
on its facilities, including those facilities supporting QLSP
Services purchased by CLEC. Qwest will repair and restore
any equipment or any other maintainable component that
adversely impacts CLEC's use of QLSP Service. Qwest and
CLEC will cooperate with each other to implement
proceures and processes for handling service-affecting
events. There will be no charge for the Services provided
under this Secion 6, except as set fort in the Rate Sheet.
7.0 Commercial Performance Measures and Reporti.
Performance Targets and Service Credits (including
Washington, if Washington 7.0 is selected by CLEC as
indicated on Signature Page).
Each Part will provide suitably qualified personnel to
perform its obligations under the Agreement and all QLSP
Services in a timely and effcient manner with dilgence and
care, consistent with the professional standards of practice
in the industry, and in confonnance with Applicable Law.
The QLSP Service attbutes and process enhancements are
not subject to the Change Management Process ("CMP").
CLEC proposed changes to QLSP Service attbutes and
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 proceures.
7.1
7.2 Qwest will provide commercial perfonnance measurements
and reportng against established perfonnance targets with
QLSP Service. The following performance measurements
will apply to QLSP Residential and QLSP Business: (a) Finn
Order Confinnations (FOCs) On Time; (b) Installation
Commitments Met; (c) Order Installation Interval; (d) Out of
Service Cleared within 24 Hours; (e) Mean Time to Restore;
and (f)Trouble Rate.
7.3 Commercial measurement definitions, methodologies,
perfonnance targets and reporting 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. Reporting of these perfonnance
November 17, 2010lkjclOrbitComl Attachment 2 - QLSPil- (v8-20-10)
AZ-CDS-101021-0141; CO-CDS-101021-0142; IA-eDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-0145;
MT-CDS-101021-0146; ND-CDS-101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-CDS-101021-0150;
. SD-CDS-101021-0151; UT-CDS-101021-0152; WA-CDS-101021-0153; WY-CDS-101021-0154
.
6
.
7.4
.
QWEST LOCAL SERVICES PLATFORM\B AGREEMENT
ATTACHMENT 2-QLSP\B Service Description
measures will be applied for activity beginning the first full
month of Service after January 4, 2011.
CLEC will be entitled to service credits only for each
instance of a missed installation commitment and each
instance of an out of service condition that is not cleared
within 24 hours occurnng after January 4, 2011. All service
credits will be applied automatically by Qwest as credit
against CLEC's bil for the billng penod following the one in
which the credits were accued. Credits for Servces
provided under the Agreement will be applied for activity
beginning the first full month after January 4, 2011. Any
credits or payments related to the Services provided prior to
the first full month following January 4, 2011 and in
accrdance with CMP, PID, PAP or any other whlesale
service quality standards will no longer be applied beginning
the first full month after January 4, 2011.
that PAP are incorporated by reference into, and made a
part of, this Attchment. Subsequent changes to the PIDs or
PAP submited to the WUTC will be incorporated into the
applicable exhibit as soon as they are effective either by
operation of law or WUTC order, whichever occrs first and
without further amendment to this Attchment.
8.3 To select the Service Perfrmance Measures and Reporting
and Performance Assurance Plan (PID/PAP) option, CLEC
must be a certfied CLEC under applicable state rules and
have elected the PIDand PAP under Its Washington
interconnection agreement with Qwest.
8.4 Eligible QLSP Services will be included in the UNE-P PAP
results beginning the first full month following the Effective
Date of the Agreement.
8.5 Notwthstanding the dispute resolution provisions in the
Agreement, the Partes will resolve any dispute, claim or
controversy ansing out of, or relating to, the PID and/or PAP
under the dispute resolution process descnbed in the PAP.
7.4.1 Installation Commitments Met. For each
installation commitment that Qwest, through its own
fault, fails to meet, Qwest will provide a service credit
equal to 100% of the nonrecurring charge for that
installation. Qwest will use the state installation
nonrecurnng charge contained in the Agreement for
that order type in calculating the credit. The defnition
of a "missed installation commitment" and the
assocated exclusions are descnbed in Attachment 3 to
the Agreement.
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Qwest, through its
own fault, fails to resolve within 24 hours, Qwst will
provide a serice credit equal to one day's recurnng
charge (monthly recurnng charge divided by 30) for
each day out of service beyond the first 24 hours. (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEC will be entitled to a credit equal to the
monthly recurnng charge divided by 30. If the out-of-
service condition existed for 48 to 71 hours, the credit
would equal tw times the monthly recurnng charge
divided by 30).
8.0 Service Penormance Measures and Reporting and
Penormance Assurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selected by CLEC as Indicated
on the Signature Page to the Agreement).
If selected by CLEC under the terms and conditions of the
Agreement and this Attchment, Qwest will, in Washington
only, provide performance measurements, reportng, and
remedies compliant with the Washington Performance
Indicator Definitions ("PIDs") and the Qwest Washington
Performance Assurance Plan ("PAP") for the Services, if
eligible, provided under the Agreement and this Attchment.
Only In the state of Washington, and only if expressly
selected by CLEC under the terms and conditions of the
Agreement and this Attachment, does this PID and PAP
replace, in their entirety, the Commercial Performance
Measures and Reporting, Perfrmance Targets and Service
Credits terms and conditions for Services provided under the
Agreement and this Attchment outlined in Section 7.0 of
this Attchment.
8.1
8.2 The PIDs and PAP for Washington in their current form are
posted In the Qwest Wholesale PCAT, currently called
Negotiations Template Agreement PCAT, under Exhibit B
and Exhibit K for Washington, respectively. Those PIDs and
~vember 17, 2010/kjclOrbitComl Attchment 2 - QLSP\B - (v8-20-10)
-eDS-101021-0141; CO-CDS-101021-0142; IA-CDS-101021-0143; ID-CDS-101021-0144; MN-CDS-101021-0145;
T-CDS-101021-0146; ND-CDS.101021-0147; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-eDS-101021-0150;
SD-CDS-101021-o151; UT-CDS-101021-0152; WA-CDS-101021-0153; WY-CDS-101021-0154
7
"
.
.
.
ATTACHMENT 3
Performance Targets for Owest OLSp™ Service
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
FOC-1 - Firm Order Confirmations (FOes) On TimePurpose: '
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
. specified 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 wil be evaluated according to the FOC interval categories shown in the "Performance
Targets" section below, based on the number of lines requested on the LSR or, whére 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 elecronic 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 = ((Count 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 period)) x 100
FOC-1 B = ((Count 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
periodH x 100
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
1..
.
.
.
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 onlyexcludes 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 startstop dates/times.
Product Reporting:Penormance Taraet:
FOC-1A 95% within 20 minutes
QLSP-POTS
FOC-1B 95% within standard FOC
intervals (specified below)
Standard FOe Intervals
Product Group NOTE 1 FOe
Interval
QLSP-POTS (1-39 lines) FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
Performance will be measured
beinning the first full month of
QLSP service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
product type are considered ICB.
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 3
ICM.1 . Installation Commitments MetPurpose: .
Evaluates the extent to which awest 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 awest 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 awest 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 awest changes a due
date for awest 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 awest-initiated, changed due date, if
any.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/serices listed in Product Reporting under "MSA Type
Disaggregation" will 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" will 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-awest reasons. Standard
categories of customer reasons are: previous service at the loction did not have a customer-
requested disconnect order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-awest 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 QLSpTM Service
Page 4
.
.
.
Product Reportina Peñormance Target:
MSA-Tvne:
OLSP-POTS OLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
Availabilty:Notes:
Performance will
be measured
beginning the first
full month of OLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 5
011.1 . Order Installation Interval
Purpose:
Evaluates the timeliness of 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 Corders 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 any. NOTE
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional leveL.
Individual ClEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSA); and
011-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
011-1 C 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 ClEC-initiated due date changes or delays
occurring after the Applicable Due Date)) + Total Number of Orders Completed in the reporting period
Explanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business days) by total number of service orders completed in the reporting period.
Exclusions:
. Orders with ClEC requested due dates greater than the current standard intervaL.
. Disconnect, From (another form of disconnect) and Record order types.
. Records involving 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.
. Orders involving individual case basis (ICB) handling based on quantities of lines or orders
deemed to be projects.
.
ATIACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
Page 6
.
.
.
Re orted As:
Avera e business da s
Zone-T e-
Performance 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. Atthat point, the Applicable Due Date becomes fixed
(Le., with no further changes) as the date on which it was set
prior to the first Qwest-initiated due date change, if any.
Following the first Qwest-initiated due date change, any further
CLEC-initiated due date changes or delays are measured as
time intervals that are subtracted as indicated in the formula.
These delay time intervals are calculated as stated in the
description. (Though infrequent, in cases where multiple
Qwest-initiated due date changes occur, the stated method for
calculating delay intervals is applied to each pair of Qwest-
initiated due date change and subsequent CLEC-initiated due
date change or delay. The intervals thus calculated from each
pairing of Qwest and CLEC-initiated due dates are summed
and then subtracted as indicated in the formula.) The result of
this approach is that Qwest-initiated impacts on intervals are
counted in the reported interval, and CLEC-initiated impacts on
intervals are not counted in the reported intervaL.
ATIACHMENT 3 - Performance Targets for Owest QLSp™ Service
Page 7
00524-1 - Out of Service Cleared within 24 HoursPurpose:. ..
Evaluates timeliness of repair for specifed 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: Regional leveL.
Individual CLEC . Results for productservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported accrding to orders involving:
00S24-1A Dispatches (Includes within MSA and outside MSA); and
00S24-1B 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 ceded 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 report coed 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 missing data essential to the calculation of the measurement Der the measure definition..
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 8
.
.
.
Product Reporting:Penormance Targets:
MSA-TvDe -.QLSP POTS 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).
ATIACHMENT 3 - Performance Targets for Qwst QLSp™ Service
Page 9
MTTR-1 - Mean Time to Restore
Purpose:
Evaluates timeliness of reoair, focusino how long it takes to restore services to orooer ooeration.
Description:
Measures the average time taken to clear trouble reports.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified below.
. Includes customer direct reports, customer-relayed reports, and test assist reports that result in a
trouble report.
. Time measured is from date and time of receiot 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 product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
MTIR-1A Dispatches (Includes within MSA and outside MSA); and
MTIR-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
MTIR-1C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
I((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 (lEG) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missino data essential to the calculation of the measurement oer the measure definition.
.
ATIACHMENT 3 - Performance Targets for Qwest 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 wil be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
.
ATIACHMENT 3 - Performance Targets for Qwst QLSp™ Servce
Page 11
TR.1 . Trouble Rate
Purpose:
Evaluates the overall rate oftrouble reports as a percentage of the 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 exdusions specified
below.
. Includes all applicable trouble reports, including those that are out of service and those that are
onlv service-affectina.
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 MT AS 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 (lEe) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under"Zone-type".
. For products measured from MTAS 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 offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement Der the measure definition.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 12
!'
.
.
.
Product Reporting:Performance Target:
MSATvDe:.
.QLSP-POTS Diagnostic
Zone TVDe: .
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 13
.
.
.
Qwest Local Servces PlatformlM (QLSplM) Rate Page -Idaho
J 4 2011 h h T *
109.8 Shared Trans Purchased As Part of QLSP"
109.8.1 QLSP" Residential Business and PAL In ID.g Per MOUl 0.0011100
109.8.2 QLSpTN Centrex ISDN BRI PAL in ID-N and PBX Analoa Trunks Par Iinelnk UGUST !G0.35
109.11 Locl Swlthina Purchased As Part of QLSP"
109.11.1 Port Basic Plan
109.11.1.1 Analno Port 6.21
109.11.1.2 Residential end user credK LAWUR 3.07 1
109.11.1.3 EffRcive QLSP" Residenti~1 Anloa Port !G~.14 1
109.11.1.4 Dial Port Suooorna BRI ISDN'17.40
109.11.1.5 PBX 010 Port 7.30
109.11.inntonallY Blank
109.11.3 Por If 90% YOY Volume RetenUo Plan R..ulrements Af Met
109.11.3.1 Analoa Port 5.59
109.11.3.2 Analno Port Residentl And user crit LAWUR 2.51 1
109.11.3.3 Effve QLSP" Residential Analoa Part 3.08 1
109.11.M Dinltl Port Sunnortnn RRI ISDN'1 .40
109.11.3.5 PBX DiD Port 7.30
109.11A IntentonallY Blank
109.11.5 Port If 115% YOY Volume Grow Plan Reaulrements Af Met
109.11.5.1 Analno Port !G.35
109.11.5.2 Analoa Port Residential end user credit LAWUR 1.40 1
109.11.5.~ Effe QLSP" Residential Analon pnr ".95 1
109.11.5.4 Dioltl Port Suooortna BRIISDN'17.40
109.11.5.5 PBX DID Port 7.30
109.11.IntentonllY Blank
109.11.7 Loat Swtch Usaae
109.11.7.1 0LSpTN Residential, Business, and PAL in 10- Per MOUI $0.001343
109.11.7.2 OLSpTN Centrx. ISDN BRI PAL In lOoN and PBX Analoa Trunks Per Linerunk UGUFM $1.13
109.11.8 Swtch Features 2
109.11.8.1 Acunt Codes. aer SYStem AZPS 75.00
109.11.8.2 Atendant Ac LinA ner Station Line DZR 10.00
109.11..3 Audible Meae Waitna MGN MW 12.00
109.11.8.4 Authorization Codes - oer SYStem AF 5.00
109.11.8.5 Automatic Une ETVPB 8.00
100.11.8.6 Automatic Route Selecton -Comman Eauioment. oerSvste F5GPG $2200.00
109.11.8.7 Call Drao FlO ONLY !G5.0
109.11.8.8 Call Exclusion - Automatic NXB ISDN $5.00
109.11.8.9 Call Exclusion - Manual NA-FID $5.00
IDSNI
109.11.8.10 Call Farwrdina Busv Line -Incomina Onlv 69B1X 5.00
109.11.8.11 Call Forwrdlna Don' Answr Incomina Onlv 69A 5.0
109.11.8.12 Call Forwrdina: Riisv Une I Don't Answr PrnnrammablA !'Arvice Esblishment SEPFA 0.00
109.11.8.13 Call Forwrdina: Don' Anwer I Call Forwrdina Busv Custome Proarammable. oer Une FSW 10.00
109.11.8.14 Call Waitina Indication. oerTimlna State WUT 25.00
109.11.8.15 Centrex Common Eouioment HYE HYS 160.00
109.11.8.16 CLASS-CaIITrace Per Ocurrence NOUSOC ti.4R
109.11.8.17 CLASS -Continuous Redial NSS 10.00
109.11.8.18 CLAS - La.' Call Retum NSQ 10.n
109.11.8.19 r:LAS-ProriCalino NSK 10.00
109.11.8.20 C LABS - Selece Call Forwrdlnn NCE 10.00
109.11.8.21 CLAS - Selectve Call Reecton FKQPN NSY 10.00
109.11.8.22 Direct Station Seleclion I Busv Lamn Fleln nar Arranoement BUD .00
109.11.8.23 Directd Call Plckuo with Barae.ln 6MD 5.00
109.11.8.24 Directed Call Pickun without Baroe~n 690 5.00
109.11.8.25 Distinctve Rinalistinctve Call Waitino RNN 5.00
109.11.8.'6 FvnAn.ive Route Waminn Tone ner Svsm AQWPS 90.00
109.11.8.27 Grouo Interco GCN 8.00
109.11.8.28 Hot Line, per Line HLN,HLA $8.00
109.11.8.29 Huntino: MultioosKion Hunt Queuina MH5 $5.00
109.11.8.30 Hun inn: Multinosition with Announcement In Queue MHW !G5.0
109.11.8.31 Huntina: Multioositon with Music In Oueue MOHPS $100.00
109.11.8.32 ISDN Short Hunt NHGPG,$10.00
NHGPN
109.11.8.33 Loudsneaker Paninn OAr Trunk Grouo PTQPG Ir:B
109.11.8.34 Make Busv Arrannements. oer Grouo A9AE P89 $20.00
109.11.8.35 Make Busv Arr~nnemAnts ner Line MBl !Gl0.oo
109.11.8.36 Messaae Center. oer Main Station Line MFR $8.00
109.11.8.37 Messane Waitno Visual MV5 IeB
109.11.8.38 Music On Hold oer SYStem MHHPS 75.00
109.11.8.30 Prvacv Rele~se K7KPK !G~.O
109.11.8.40 Querv Time QT1PK 5.00
109.11.8.41 SMDR.P-Archlved Data SR7CX $3 0.00
109.11.8.42 SMDR-P - Service Estblishment Charge, Inital Instllation SEPSP,$165.00
SEPSR
109.11.8.43 Station Camo.(n Servic oerMain B'''ion CPK $8.00
100.11.8.44 Time of Dav Control for ARS. oerSvstem ATBPS $125.00
109.11.8.45 Time ofDavNCOS Undate MT !Gl.00
109.11.8.46 Time ofDav Routina. 09rLine ATB $100
109.11.8.47 Trunk Verication from Desinnated Station BVS !Gl00.on
109.11.8.48 UCDin Hunt Grouo. Darline MHM $6.00
109.11.8.49 Premium Port Features- Aditional Charoe $2.08
109.11.8.49.1 CMS . Svsem Establishment. Initial Instllatian MB5XX $1000.
Qwst Local Serice Platform 1M Agreement QLSp1M Rate Sheet-Vl.2.3 04.11.08
Qwst Local Servces Platform™ (QLSplI) Rae Page -Idaho
109.11.8.49.2 CMS - Siitem Establishmeii Sub.~uent Installation CPVO 500.00
109.11.8.49.3 CMS - Packet Control Ca""bilitv --er S;tem PTGPS $1 00.00
109.11.8.49.4 Confrence Callno - Meet Me MJJPK 5.00
109.11.8.49.5 Conrence Callna - Pres M09PK $5.00
109.11.8.49.6 Conference Callnn - Staon Dial 6-W8u GVT 5.00
109.11.9 Otr
109.11.9.1 Custom Number
109.11.9.1.1 Idaho Nort See Applicable Owt Retail 6
Tari, Catalog or Pnce List less
Discount (which ..11 be
provided pursuant to terms and
conditons in CLEC's ICA).
109.11.9.1.2 Idaho South See Applicable Qwst Retail 6
Tari, Catalog or Price Liles
Discount (which ..11 be
provided pursuant to term and
conditions in CLEC's ICA).
109.11.9.2 PBX DID ('omolex Translatons Din Oidn, is Channe Sinnalinn $15.2
109.11.9.3 PBX DID Comnlex Translations Sõnnalinn Channe $35.5
109.11.9.4 PBX DID Block Comnromise $25.
109.11.9.5 PBX DID Grouo of 20 Numbers $31.3
109.11.9.6 PBX DID Reserve S""uential # Block $25.3
109.11.9.7 PBX DID Reserve Nonseouential Teleohone Numbers $23.6
109.11.9.8 PBX DID Nonseauential Telenhone Numbers $33.1
109.11.10 Subs""uent Order Charae NHCUU $12.17 4
109.11.11 Qwest COMaOon IQC\ IntraLATA Toll LPIC 5123
109.11.11.1 Idaho Nort .See Applicable Owt Retail 6
Tari, Catalog or Pnce List less
Discunt (which ..11 be
provided pursuant to terms and
conditons in CLEC's ICA).
109.11.11.2 Idaho Sout See Applicble Owt Retail 6
Tari, Catalog or Price List les
Discount (which ..11 be
provided pursuant to term and
conditons in CLEC's ICA).
109.20 Miscellaneous Charg 5
109.20.1 Desl"n - Nort
109.20.1.1 Maintenance of Service
109.20.1.1.1 Basic -c
109.20.1.1.1.1 First Increment WLXX ü
109.20.1.1.1.2 Each Additonal Incrment Wl1X ü
109.20.1.1.2 Overtme
109.20.1.1.2.1 Fi"'t Increment LMOX ..
109.20.1.1.2.2 Each Additional Increment WL2X ..
109.20.1.1.3 Premium
109.20.1.1.3.1 First Increment WLPX ü
109.20.1.1.3.2 Each Additonal Increment ,Wl3X ..
109.20.1.2 O"tional Testina IAddüional Laborl
in9.20.1.2.1 Basic Firs and Each Additional Incrment OTNBX ..
109.20.1.2.2 Overtme First and Each Additonal Increment OTNOX ü
109.20.1.2.3 Premium First and Each Additonal Increment OTNPX ü
100.20.1.3 Disoatch IAddüional Disoatch - No trouble found VT6DC ..
109.20.1.4 Disnatch for Maintenance nf Service. No Trouble Fo.nd VT6DM ..
109.20.2 Deslnn and Non-Deslnn - Nort
109.20.2.1 Tn" Charae . Premises Visit ('haroe SCO ü
109.20.2.2 Premises Work Charne
109.20.2.2.1 Basic
109.20.2.2.1.First Increm"nt HRDll ..
109.20.2.2.1.2 Each Additional Increment HRDAl ..
109.20.2.2.2 Overtime
109.20.2.2.2.1 First Increment HRD12 ü
109.20.2.2.2.2 Each Addüionallncrement HRDA2 ü
109.20.2.2.3 Premium
109.20.2.2.3.1 First Increment HRD13 ü
109.20.2.2.::.2 E~ch Additional Increment HRDA3 ü
109.20.2.3 Netwrk Prmises Work Charne
109.20.2.3.1 Basic First Increment HRRll ü
109.20.2.3.2 Basic Each Additonal Increment HRRAl ü
109.20.2.3.3 Overtme Firs Increment HRR12 ü
109.20.2.3.4 Overtime Each Ardilional Increment HRR ..
109.20.2.3.5 Premium First Increment HRR13 ..
109.20.2.3.6 Premium Each Arlditional Increment HRRA ..
109.20.2.4 DateChanoe VT6DC ü
Owt Local Services Platfrm'" Agreement QLSP'" Rate Shee-Vl.2.3 04.11.08
.
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.
Qwest Local Services PlatformlM (QLSplM) Rate Page -Idaho
*Desion Chanae 8..~ynedite Charne Per day advanced EODDB"
Cancellation Ch~rne NoUSrv ICB
109.20.3 Non.Deslnn . Sout
109.20.3.1 Netwrk Premises Work Chame
109.20.3.1.1 All Ho"rs 1st 15 minu...HRHll ..
109.20.3.1.2 All Hours next thre 15 minutes HRHAl ..
109.20.3.1.3 All Hours ea addtl 15 minutes HRDAl ..
109.0A Deslon . South
109.20.41 Maintenan~" of Service
109.20.4.1.1 Basic
109.20.4.1.1.1 First Increment WWXX ..
109.20.4.1.1.2 Each Addil;"n~lln~""n'WW1X ..
109.20.4.1.2 Overtme
109.20.4.1.2.1 First In~rement WWOX ..
109.20.4.1.2.2 Each Additonal Increment WW2X ..
109.20.4.1.3.1 Premium
109.20.4.1.3.1 Firt Increment WWPX ..
109.20.4.1.3.2 Each Additonal Increment WW3X ..
'M?n L?..L ~lv\
R~.¡~..ITlRY ..
109.20.4.2.2 Overtme First and ~~ch Adrlition~llncrement TNOX ..
109.20.4.2.3 Premium Firs and Each Additioal IncrAment OTNPX ..
109.20.4.3 Di.n~tch Adrlitnn~1 Disna''' - No truhle foun~'vr6DC ..
109.20.4.4 Disnatch fnr Maintenance of ~ervi"' - No TrouhlA Fo nd vr6DM ..
109.20.4.5 Netwrk Prmises Work Chame
10Q.20.4.5.1 Basic
109.20.2.5.1.1 Firs Increment HRHll ..
109.20.2.5.1.2 Each Additional IncrAment HRHAl ..
109.20.4.5.2 Overtme
109.20.2.5.2.1 First Incrment HRH12 ..
109.20.2.5.2.2 Each Additional Incrment HRH ..
109.20.4.5.3 Premium
109.20.2.5.3.1 Fi"'t IncremAnt HRH13 ..
109.20.2.5.3.2 E~ch Additional In~Jement HRHA3 ..
109.20.5 Deslan and Non~lan . South
109.20.5.1 Tnn "harne - Premises Visit Cha~e NRTCY ..
109.20.5.'Premiss Wnrk Charne
109.20.5.2.1 Basic
109.20.5.2.1.1 Fi"'t IncrAmen'HRDll ..
109.20.5.2.1.2 Each Additonal Increment HRDAl ..
109.20.5.2.2 Overtme
109.20.5.2.2.1 First Incrment HRD12 ..
109.20.5.2.2.2 Each Addi 'onallncrAmAnt HRDA2 ..
109.20.5.2.3 Premium
109.20.5. .3.1 First Increment HRD13 ..
109.20.5.2.3.2 Each Additonal Increment HRDA3 ..
109.20.5.3 DateChanoe VTDr ..
in9.20.5.4 Desinn Channe H2A ..
109.20.5.5 Exoedil Charoe Per day advanNO EfmDB ..
'09.20.5.6 Can""lIation Charne Nousnr ICB
109.23 QLSP" Installaton and Conversion Nonrecrrlna Charaes/NRCs
109.23.1 Converion Nonrecurrna Charaes ,
109.23.1.1 QLSP" Business Cenex PAL and PBX Anoa no-oiD Trunks Residential
109.23.1.1.1 First Line M""hanized IIIRC"U 1.50
109.23.1.1.2 Each Additonal Line Mechanizl URCCY iG.50
109.23.1.1.3 First Line Manual URCCV 15.0
109.23.1.1.4 Each Additional Line Manual URCCZ !£.00
109.23.1.2 QLSP" PBX DID Trunks
109.23.1.2.1 Firs Trunk URCCD $28.84
100.23.1.2.2 Each Adrli 'onal 52.73
109.23.1.3 QLSP" ISDN BRI
109.23.1.3.1 First URCCU $30.66
109.23.1.3.2 Each Additonal $2.73
109.23.2 Installation Nonrecrrlna Char..es
109.23.2.1 QLSP" Business Centex PAL and PBX Analoa non.DID Trunks Residenal
109.'3.'.1.1 First Line Mechanized'NHCRA 50.0
109.23.2.1.2 Each Additonal ine Mechanized\NH RC 18.00
109.23.2.1.3 First Line Manual NHCRB 75.00
109.23.2.1.4 Each Additional Line (Manual'NHCRD 20.00
109.23.2.2 QLSP" Analoa DID PBX Trunks $15.21
109.23.2.3 QLSP" ISDN.BRI !l72.96
Owst Local Service Platfrm 1M Agreement 3QLSp™ Rate Sheet-Vl.2.3 04.11.08
109.23.3.2 Idaho South
See Applicable Owt Retail 6
Tari, Catal09 or Prce List less
Discount (Vlich will be
provided pursuant to terms and
conditions in CLEC's !CA).
See Applicable Owst Retail 6
Tari, Catalog or Prce List les
Discunt (Vlichwill be
provided pursuant to term and
conditions in CLEe's ICA).
.
109.23.4 Qwt Voice Messa In Servce
109.23.4.1 Idaho Nort
109.23.4.2 Idaho South
See Applicable Owst Retail 6
Tari, Catalog or Price List les
Discunt (Vlich will be
provided pursuant to terms and
conditons in CLEC's ICA).
See Applicable Owst Retail 6
Tari, Catalog or Price List less
Discount (Vlich will be
provided pursuant to tern and
conditions in CLEC's ICA).
112 o aUonal Su rt tems
112.1 Develoments and Enhancements er Locl Service Ruest
112.2 On oin 0 erations er Local Servic R ues
112.3 Daily Usage Records File, per Rerd
All charges and increments
equal the comparable charges
and increments provided in the
Owt Wholesale PCAT.
.!.
See Applicable Owst Retail Tari, Catalog or Price List for all charges and increments.
Universal Service Order Codes (USOCs) have been provided in an efort to ease item descnption and USOC assocation with charges. In the event USOCs are inaccurate
or are revised, Owst resrves the right to correct the Rate Sheet. In the event of any signifcant change(s), notication will be provided via the standard notcation
OLSpTM Busines and Residential services utiize the same Class of Service and line Universl service Order coes (USOC). OLSpTM Residential service will be billed at
the Analog Port rate and only thos lines that speclly qualif for and are identied as serving a reidentil end-user customer by the prence of the LAWUR USOC will
receive the Residential end user crit .2 OLSpTM service includes nondiscnminatory accss to all vertl swtc features that are loaded in Qws End Ofce Swi. See the PCAT for all compatible and available
vertcal swtch fetures. Only vertcal swi feature wi Non-Recurrng, Recurrng, or Per Ocrrence charges are listd. Non-Recurring charges are applicable Vlenever
a feture is added. Vlether on new installatn, coverson, or change order actvity. Thos vertcal swih features not liste have a rate of $0 for Monthly Recurrng, Non-
Recurring, or Per Occurrnce charges.
3 Reserved for future use.
4 The Subsequent Order Charge is applicable on a per order basis Vlen changes are requestd 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 reques.
5 OLSpTM ISDN SRI and paX are .Design". Remaining OLSpTM services are .Non-Design". All charges and increments shall be the same as the comparable charges and
increments provided in Owst Retail Tari, Catalogs, or Price Lists and are subject to change based on changes in those underlying Owt Retil Tarif, Catalogs, or
Price Lists. In the event a rate changes, notication will be provided via the standard notcatin procs.
6 Where the service has bee deeed to be a Telecmunications Service, the Discunt will be proided pursant to CLEC's ICA Where the service is not a
Telecmmunications Service, the disunt will be 18%.
Qw Local Services Platfrm lM Agreement OLSplM Rate Sheet-V1.2.3 04.11.08
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