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Home My WebLink About20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7th Avenue, Room 1 506 Seattle, Washington 98 191 (206) 73&5178 Faqsimile (206) 34&4040 Maura E. Peterson Paralegal Regulatory Law January 17,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 li"'- i .'ii sITd ':! Trrv Centurylink' Via Overnight delivery &wen-o4-t3 Re: CenturyLink Local Services Platform ("CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your office on January 16,2014, enclosed are the signature pages for all of the CLSPs which have been extended. For your convenience, we are also enclosing a matrix listing the CLSPs and the docket numbers associated with the original agreements. Please contact u have any questions concerning the enclosed. Thank you. Sincerely, Maura E. MEP/jga Enclosure EXTENSION AMENDMENT TO GENTURYLINKTM LOCAL SERVTCES PLATFORM ("CLSP""1 AGREEMENT This amendment ('Amendment"), by and between Qwest Gorporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and MGlmetro Access Transmission Services LLC ("CLEC"), amends the CenturyLinkru Local Services Platform fCLSetul Agreement (formerly known as "Qwest Local Services Platformil ("QtSer"'; Agreement") between the Parties. WHEREAS, the Parties entered into a Qwest Local Services Platform ('QLSetul Agreement (now referred to as a CenturyLinkru Local Services Platform ('C LSe rr1 Agreement), (the "Agreemenfl) ; and WHEREAS, the terms 'CenturyLink' and 'CLSP' in this Amendment shall be used in place of, and interchangeably with, the terms "Qwest' and "QLSP', respectively, in the Agreement; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section 2 of the Aareementwill be replaced in iE entiretv as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aareementwill be replaced in iE entiretv as follows: 3. Term. The term of this Agreement begins on the Effective Date and continues through December 31,2016. Upon expiration, this Agreement will continue on a month-to-month basis until it is terminated by either Party, with at least ninety (90) Days prior written notice, pursuant to Section 22 of lhe Agreement, or replaced by a successor agreement. Attachment 2 - Seruice Descriotion - of the Aoreement is herebv amended as follows: 1. Section 1 of Attachment 2 will have the following added: 1.6.7 Should CenturyLink cease offering a service to its End User Customers that is also available under this Agreement, upon thirty (30) Days prior written notice to CLEC, CenturyLink will also cease offering the service to CLEC. Notwithstanding the foregoing, CenturyLink will not efiect a discontinuation of any service pursuant to this Section 1.6.7 in such manner that CLEC may not reasonably comply with Applicable Law conceming End User Customer discontinuation of service, disconnection and notification, provided that, the foregoing is subject to CLEC's reasonable diligence in effecting such compliance. . Section 3.2.4 of Attachment 2 is replaced with the following: 3.2.4 115o/oYOYVolume Growth Plan: lf the numberof CLEC'stotalCLSP lines as of October3l of each yearequalsor exceeds 11Oo/o of the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,000) CLSP lines, CLEC will qualifu for a 30% discount off the Business Port MRCs and a 6% discount off the Residential Port MRCs applicable during the next calendar year. 3. Section 7 of Attachment 2 will have the following changes: 7.0 Commercial Performance and Service Credits, 7.2 Removed in its entirety. 7.3 Removed in its entirety. 4. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. Decemberl0, 2013ikjdCLSP 2014 Extension Amendment to CLSPil AgreemenUMClmetro Access AZ-CDS-101021-0086; CO-CDS-10i021-0087; tA-CDS-101021-0088; lD-CDS-101021-0089; MN-CDS-j01021-0090 MT-CDS-101021-0091; ND-CDS-101021-0092; NE-CDS-.|01021-0093; NM-CDS-101021-0094; OR-CDS-101021-0095; SD-CDS-101021-0096; UT-CDS-10'1021-0097; WA-CDS-1010214098; WY-CDS-1Ol021-0099 Page 1 ol 2 CenturyLlnkil Local Seillcee Ptafform (CLSPil) Rate Page - t{CO,h, ID, ilT, ND, NE, Nil, OR, SD, UT, WA, WY January 1, 2014 through Term CenturyLinkil Local Serulces Platform (CLSPtr') Rate Page - l/linnesota January 1,2011 through Term t09.'r2 ,ortr, lf 8096 YOY Volume Retention Plan Reoulremsrlt! Are tlet r09.1.2.1 qnalos Port lilr ro9.1.2.2 ,o Port Rosldentidond l,s€rcr€dl AWUR 1{/' r09.1.2.3 :fioclive CLSPil Resklenlial fuialog Port NI' r0g.1.2.4 iar Pod (supporilng BRI lsDN)N/' r09.1.2.5 rBX DID Port It, t09.23.2 nrtrllatlon Nonrgcunlm Charger r09.23.2.1 ;LSPil Bu3lnea3. ConttEx. PAL. rnd PBX Anrloo non{rlD Trunkt. R.3ldentlrl 109.%.2.1.1 lFrst Line (lvl€chafted){HCRA 825.00 DocuSign Envelope I D: 1 9046086-BO6F-46 BD-BCBD -t 3F 40837 3207 EXTENSION AMENDMENT TO CENTU RYLI NKTT LOCAL SERVICES PLATFORM ("CLSP'* " 1 AGREEMENT Further Amendments Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force and effect. The provisions oi this Amendment, inciuding the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures frornthe piovisions of this Amendment may not be given without the written consent thereto by both of the Parties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by vi(ue of any prior or subsequent such occurrence. Entire Aqreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter of the Agreement, as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. OrbiGom lnc.: l-05E9FCGABOs745{... -]I .l rc*,a",^r* IBY: I Pecgsirncdgy:tTehri:tcnscn=l funL Vou^l,ur By: Name: L. T. Christensen Name: Title:Title: Director - Wholesale Contracts Presi dent Date: LL/g/2013 Date:LL/8/20L3 October 25, 20l3kjclOrbitCom/CLSP 2014 Extension Amendment to CLSPru Agreement AZ'CDS-10102'l-0141;GO-CDS-101021-0142; IA-CDS-101021-0143; ID-CDS-101021-0144;MN-CDS-101021-0145;MT-CDS-101021-0146; ND-CDS.1Ol021-0,l47; NE-CDS-101021-0148; NM-CDS-101021-0149; OR-CDS-101021-0150; SD-CDS-101021-01S1;UT-CDS-,to1021-0152;wA-CDS-101021-0153: WY-CDS-1O.t021-0154 Page2 oI 2