20110125Amendment.pdf

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Qwest
1600 7th Avenue, Room 3206
Seatte, Washington 98191
[phone]Facsimile [phone] iOfi JAN 25 Ar1fO: 00 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-04-19
Application for Approval of Amendment to the Interconnection Agreement
Light year Network Solutions LLC
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 t . smatter.
mep
Enclosure
cc: Service list
.Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr (g q west.com
ion 00
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-04-19
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNCTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public
. Utilities Commission on August 2, 2004 (the "Agreement"). The Amendment with Light year
Network Solutions, LLC ("Light year") 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 båsis for either of these
findings, ann, 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 Light year.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Light year Network Solutions, LLC
QLSP Agreement-l
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to interconnect with Qwest facilties and to provide customers with increased choices among
local telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearng and does not concern other parties not a pary to the negotiations.
Expeditious approval would further thflublic interest.
Respectfully submitted this~i day of January, 2011.
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Light year Network Solutions, LLC
QLSP Agreement-2
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CERTIFICATE OF SERVICE
I hereby certfy that on this 24th day of January, 2011, I served ~ s t
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERC E~li~ ~
AGREEMENT upon all parties of record in this matter as follows: Spirit of Service~
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jjewell (gpuc.state.id.us
Light year Network Solutions, LLC
1901 Eastpoint Parkway
Louisvile, KY 40223
Hand Deli very
U. S. Mail
-X Overnight Deli very
Facsimile
Email
Hand Delivery
-L U. S.Mail
Overnight Delivery
Facsimile
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Light year Network Solutions, LLC
QLSP Agreement-3
OocuSign Envelope 10: 3F29BOB6-90C6-1A6-A8FB-88C4B290B811
.QWEST LOCAL SERVICES PLATFORMTM AGREEMENT r, \""'."t :ï""-".. .~ *"''"
This Qwest Loca! Services Platform™ ("QLSP~") Agreement, together wi~h the Attachments heft.la,,~~F-c¥~ Stiets...Incorporated herein by reference ("Agreement') is between Qwest Corporation ("Qwest"), a ColoraCfd ltdtPoNo~HJ. 00
Lightyear Network Solutions LLC ("CLEC") (each identified for purposes of this Agreement in the signat~rr.~IQcks b~low,
and referred to .s.eparately as ~ "P~rt or collectively as the "Parties"). The undersigned Parties hayrtlt~~i,~~¿~~~terms and conditions set forth in this Agreement. '. .. i.. i ie,) \J l; fH ¡Vi ¡ ::; S I 0 iJ
Qwest Corporation:
By:E~;::~:J
Name: L. T. Christensen
Title: Director - Wholesale Contracts
Date: 12/29/2010
Lightyear Network Solutions LLC:~---:JR.~~By: ~.~ ~'hI1FÌ'" Ii. ia arrisonName:
VP of pl ann; n9
12/29/2010Title:
Date:
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director - Interconnection Agreements
1801 California Street, 24th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagreecagwest.com
With copy to:
Qwest Law Department
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectioncagwest.com
CLEC:
. Lightyear Network Solutions, LLC
1901 Eastpoint Parkwy
Louisville, KY 40223
Attention: John J. Grieve, VP and General Counsel
Facsimile #: 502-515-4135
E-mail: john.greive~lightyear.net
Phone #: [phone]
APPLICABLE STATES:-A 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.
-A 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
New Mexico
North Dakota
Oregon
South Dakota
. November 18, 2010/kjclLightyear Network Solutions/Qwest QLSpTM MSA - (v10-15-10)
AZ-eOS-101021-0055; CO-eOS-101021-0056; IA-COS-101021-0057; ID-CDS-101021-o058; MN-CDS-101021-o059;
MT-COS-101021-o060; ND-CDS-101021-0061; NE-eOS-101021-0062; NM-eOS-101021-0063; OR-eOS-101021-0064;
UT-COS-101021-0065; WA-CDS-101021-0066; WY-CDS-1 01 021-0067
-A-A-A-A-A-A-A-A-A-A
Washington 8.0 (with Service Performance Measures
and Reporting and Performance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Attachment 2 to this Agreement).
-A Wyoming
Page 1 of 12
OocuSign Envelope 10: 3F29BOB6-90C6-41A6-ASFB-88C4B290B811
WHEREAS, CLEC desires to purchase from Qwest certin combinations of Netork Elements, ancilary functions, and additional
features, including without limitation, the local Loop, Port, switching, and Shared Transport.
.
1. Defnitions. Capitalized terms used herein are defined in
Attchment 1.
Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Qwest mutually agree as follows:
2. Effctive 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 Parties ("Effective 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, Qwest may immediately
convert CLEC to an equivalent alternative service at market-based
wholesale rates.
4. Scope of Agreement; Servce Provisioning; Controllng
Documents; Change of Law; Eligibilty for Services under this
Agreement; Non-Applicabilty of Change Management Process.
4.1 The Services ("Services") described in this Agreement will
only be provided in Qwests incumbent. LEC service terrtory in the
states of Arizona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington and Wyoming.
4.2 In the event of a conflict in any term of any documents that
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 effective Order Form hereunder.
The Parties agree that the Service offered and purchased under this
Agreement are subject to compliance with Applicable Law and
obtaining any domestic or foreign approvals and authorizations
required or advisable.
4.3 The provisions in this Agreement are intended to be in
compliance with and based on the existing state of Applicable Law,
including but not limited to Federal rules, regulations, and laws, as of
the Effective Date ("Existing Rules"). Nothing in this Agreement shall
be deemed an admission by 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 Qwest or CLEC from taking any position in any
forum concerning 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 Parts
abilty to perform 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.
wholesale servce quality standards to liquidated damages, and
remedies with respect to Services provided pursuant to this
Agreement. Any CLEC-proposed changes to the attributes of any
servce or pross enhancements wil be communicated through the
standard accunt interfaces. Change requests common to shared
systems and processes subject to CMP wil continue to be addressed
via the CMP procedures.
5. CLEC Information. CLEC agrees to work with Qwest in
good faith to promptly complete or update, as applicable, Qwests
"New Customer Questionnaire" to the extent that CLEC has not
already done so, and CLEC Shall hold Qwest 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 Governmental Impositions.
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 other
Part. However, where the sellng Part is specifcally permitted by .
Applicable Law to collect such Taxes frm the purchasing Part, such
Taxes shall be borne by the Part purchasing the services. Taxes
shall be biled as a separate item on the invoice in accordance with
Applicable Law. The Part biling such Taxes shall, at the wrtten
request of the Part being biled, provide the biled Party 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 Party (the Collecting Part), the Collecting Part
shall reasonably cooperate in good faith with the Contesting Parts
challenge, provided that the Contesting Party pays all reasonable costs
incurred by the Collecting Part. The Contesting Part is entitled to the
benefit of any refund or recovery resultng from the contest, provided
that the Contesting Part has paid the Tax contested. If the
purchasing Part provides the sellng Part with a resale or other
exemption certificate, the sellng Part shall exempt the purchasing
Part if the sellng Part accepts the certifcate in good faith. If a Part
becomes aware that any Tax is incorrectly or errneously collected by
that Part from the other Part or paid by the other Party to that Part,
the Part that received such Tax shall refund the incorrctly or
erroneously collected Tax or paid Tax to the other Part.
4.5 To receive services under this Agrement, CLEC must be a 6.3 Each Part is solely responsible for any tax on its corporate
certified CLEC under Applicable Law. CLEC may not purcase or existence, status or income and each Part shall be solely responsible
utilze Services covered under this Agreement for its own for all taxes on its own business, the measure of which is its own net
administrative use or for the use by an Affliate. income or net worth and shall be responsible for any related ta filings,
payment, protest, audit and litigation. Each Part shall be solely
4.6 Except as otherwse provided in this Agreement, the Parties responsible for the billng, collection and proper remittnce of all
agree that Services provided under this Agreement are not subject to applicable Taxes relating to its own services provided to its own
the Qwest Wholesale Change Management Process ("CMP"), Qwests Customers.
Performance Indicators ("PIO"), Performance Assurance Plan ("PAP"),
or any other wholesale service quality standards, or liquidated 7. Intellectual Propert.
damages and remedies. Except as otherwise provided, CLEC hereby
waives any rights it may have under the PIO, PAP and all other
November 18, 2010/kjclLightyear Network Solutions/Qwest QLSpTM MSA - (v10-15-10) Page 2 of 12 .
AZ-COS-101021-0055; CO-eOS-101021-0056; IA-CDS-101021-0057; ID-COS-101021-0058; MN-CDS-101021-0059;
MT-COS-101021-0060; ND-eOS-101021-0061; NE-CDS-101021-o062; NM-CDS-101021-0063; OR-eDS-101021-0064;
UT-COS-101021-0065; WA-COS-1 01 021-0066; WY-COS-101021-0067
DocuSign Envelope 10: 3F29BOB6-90C6-41 A6-A8FB-88C4B290B811
. 7.1 Except for a license to use any facilities or equipment
(including softare) solely for the purposes of this Agrement or to
receive Service solely as provided in this Agreement or as specifically
required by the then-applicable federal rules and regulations reating to
Services provided under this. Agreement, nothing contained in this
Agreement shall be construed as the grant of a license, either express
or implied, with respect to any patent, copyright, trade name,
trademark, service mark, trade secret, or other proprietary interest or
intellectual propert, now or hereafter owned, controlled or licensable
by either Part. Neither Part may use any patent, copyrght, 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 Indemnifying Part) shall indemnify and
hold the other Party (an Indemnified Part) harmless from and against
any loss, cost, expense or liabilty arising out of a claim that the
services provided by the Indemnifying Part provided or used pursuant
to the terms of this Agreement misappropriate or otherwse violate the
intellectual propert rights of any third part. The obligation for
indemnification recited in this paragraph shall not extend to
infringement which results from:
A. any combination of the facilties or services of the
Indemnifying Part with facilties or service of any other Person
(including the Indemnified Part but excluding the IndemnifyingPart 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 Qwst under
this Agreement; or.B. any modification made to the facilties or services 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 Indemnifng Part may, at its
sole option, obtain the right for the Indemnified Part to continue to use
any infringing facilty or service or replace or modify any infringing
facilty or service to make such facility or service non-infrnging.
7.4 If the Indemnifyng 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 infrnging
by a court of competent jurisdiction or the Indemnifying Part
reasonably believes that the facilty or service wil be held to infringe,
the Indemnifing Party wil notify the Indemnified Part and the Parties
wil negotiate in good faith regarding reasonable modifications to this
Agreement necssary to mitigate damage or comply with an injunction
which may result from such infringement or allow cessation of further
infringement.
7.5 The Indemnifying Part may request that the Indemnified
Part take steps to mitigate damages resulting fro the infringement or
alleged infringement including, but not limited to, accepting
modifications to the facilties or services, and such request shall not be
unreasonably denied.
the event that Qwest believes it has used its commercially reasonable
efforts to obtain such rights, but has been unsuccessful in obtining
such rights. Nothing in this subsection shall be construed in any way
to condition, limit, or alter a Parts indemnificatin obligations under
Section 7.2, preceding.
7.7. Neither Part shall without the express wrtten permission of the
other Part, state or imply that it is connected, or in any way affliated
with the other or its Affliates; it is part of a joint busines association or
any similar arrngement with the other or its Affliates; the other Part
and its Affliates are in any way sponsoring, endorsing or certifying it
and its goods and services; or with respect to its marketing, advertising
or promotional activities or materials, state or imply that the services
are in any way associated with or originated frm 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 frm 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 comunicte
that Qwest is one of the underlying carriers from which CLEC
purchases services if CLEC has .obtained the prior written 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 servces to other parties.
7.8 Nothing in this Section prevents either Part frm truthfully
describing the Services it uses to provide service to its End User
Customers, provided it does not represent the Services as originating
from the other Part or its Affliates or otherwse attempt to sell its End
User Customers using the name of the other Part or its Affliates.
Qwests name and the names of its affliates are proprietary and
nothing in this Agreement constitutes a license authorizing their use,
and in no event will CLEC, including its employees, repreentatives
and agents, attempt to sell any Services to its end-users using the
name, brand or identity of Qwest or Qwests Affliates in any way.
7.9 Because a breach of the material provisions of this Secon 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 Obliaation. Amounts payable under 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 occurs. If CLEC fails to make payment on or before
the Payment Due Date, Qwest may invoke all available rights and
remedies.
8.2 Cessation of Order Processina. Qwest may discontinue
processing orders for Services for any breach by CLEC of this
Agreement, including wihout limitation, the failure of CLEC to make full
payment for Servces, less any good faith disputed amount as prvided
for in this Agreement, within thirt (30) Days following the Payment
Due Date; provided that Qwest has first notifed CLEC in wrting at
least ten (10) business days prior to discontinuing the processing of
orders for Services. If Qwst does not refuse to accpt additional
November 18, 2010/kjclLightyear Network Solutions/Qwest QLSpTM MSA - (v10-15-10) Page 3 of 12
AZ-COS-101021-0055; CO-CDS-101021-D056; IA-COS-101021-0057; ID-COS-101021-D058; MN-COS-101021-D059;
MT-COS-101021-0060; ND-COS-101021-D061; NE-COS-101021-D062; NM-COS-101021-0063; OR-COS-101021-0064;
UT-COS-101021-0065; WA-COS-1 01 021-0066; WY-CDS-101021-D067
7.6 To the extent required under Applicable Law, Qwest shall
use commercially reasonable efforts to obtain, from its vendor who
have licensed intellectual propert rights to Qwest in connection with
Services provided hereunder, licenses under such intellectual propert
rights as necessary for CLEC to use such Services as contemplated
hereunder and at least in the same manner used by Qwest for the
Services provided hereunder. Qwest shall notify CLEC immediately in.
DocuSign Envelope 10: 3F29BOB6.90C6-41 A6-A8FB-88C4B290B811
orders for Services on the date specified in the ten (10) business days
notice, and CLEC's non-cmpliance continues, nothing contined
herein shall preclude Qwests right to refuse to accept additional orders
for Services frm CLEC without further notice. For order processing to
resume, CLEC wil be required to cure any breach. and make full
payment of all past-due charges for Servces not disputed in good faith
under this Agreement, and Qwest may require a depoit (or recalculate
the deposit) pursuant to Section 8.5. In addition to other remedies that
may be available at law or equity, Qwest reserves the right to seek
equitable relief including injunctive relief and specific performance.
8.3 Disconnection. Qwet may disconnect any Servce
provided under this Agreement for any breach by CLEC of this
Agreement that is not cured by CLEC in accrdance with Section 11
herein, including without limitation, failure by CLEC to make full
payment for such Services, less any good faith disputed amount as
provided for in this Agreement, within sixty (60) Days following the
Payment Due Date provided that Qwest has first notified CLEC in
writing at least ten (10) business days prior to disconnecting Services.
CLEC wil pay the applicable charge set forth in the Rate Sheet
required to reconnect Services for each End User Customer
disconnected pursuant to this Section 8.3. In case of such
disconnection, all applicable undisputed charges, including termination
charges, wil become due and payable. If Qwest does not disconnect
CLEC's Servce 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 reconnecton 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 injunctive relief and specific
performance. Notwithstanding the foregoing, Qwest wil not effect a
disconnection pursuant to this Section 8.3 in such manner that CLEC
may not reasonably comply with Applicable Law concerning End User
Customer disconnection and notifcation, 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 identifyng the amount, reason and rationale of
such dispute. At a minimum, CLEC wil 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 wil pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing further dispute resolution. If the
disputed charges have been withheld and the dispute is resolved
in favor of CLEC, Qwest will credit CLEC's bil for the amount of
the disputed charges and any late payment charges that have
been assessed no later than the second Bil Date after the
resolution of the dispute.
thereafter, and the dispute is resolved in favor of the CLEC, .
Qwt will adjust the Billng, usually within two Biling cycles after
the resolution of the dispute, as follows: Qwest wil 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 assssed on any previously
asse late payment charges.
O. 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-forward 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 Effective Date
of this Agreement, Qwest may request a security deposit. A "material
adverse change in financial condition" means CLEC is a new CLEC
with no established credit history, or is a CLEC that has not
established satisfactory credit with Qwest, or the Part is repeatedly
delinquent in making its. payments, or is being reconnected after a
discònnection of Service or discontinuànce 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 security 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 material
amount of total monthly Biling under this Agreement received after the
Payment Due Date, three (3) or more times during the last twelve (12)
month period. The deposit may not exceed the estimated to.~1 mOnthlY.
charges for a two (2) month period based upon r,cent Billing. Th?
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 acceptable security such as a cash deposit. The deposit may
be adjusted by CLEC's actual monthly average charges, payment
history under this Agreement, or other relevant factors, but in no event
will the security deposit exceed five millon dollars ($5,000,000.00).
Required deposits are due and payable within thirt (30) Days after
demand and non-payment is subject to the terms and provisions of
Section 8.2 and Section 8.3 of this Agreement.
8.6 Interest on Deposits. Any interest earned on cash deposits
will be credited to CLEC in the amount actually earned or at the rate
set forth in Section 8.7 below, whichever is lower, except as otherwse
require by law, provided that, for elimination of doubt, the Pa~ies
agree that such deposits are not subject to state laws or ~egulations
relating to consumer or End User Customer cash deposits. Cash
deposits and accrued interest, if applicable, will be credited to CLEC's
account or refunded, as appropriate, upon the earlier of the expiration
of the term of this Agreement or the establishment of satisfactory credit
with Qwest, which will generally be one full year of consecutive tim~ly
payments of undisputed amounts in full by CLEC. Upon a maten~1change in financial standing, CLEC may request, and Qwest will
consider, a recalculation of the deposit. The fact that a deposit has
been made does not relieve CLEC from any requirements of this
Agreement.
8.7 Late Payment Charge. If any porton of the payment is
received by Qwest after the Payment Due Date, or if any portion of the
payment is received by Qwest in funds that are not immediatelyB. If CLEC pays the disputed charges and the dispute is available, then a late payment charge wil be due to Qwest. The late
resolved in favor of Qwest, no further action is required. If CLEC payment charge is the portion of the payment not received by the
pays the charges disputed at the time of payment or at any time Payment Due Date multiplied by a late factor. The late factor is the
November 18, 2010/kjclLightyear Network Solutions/Qwest QLSpTM MSA - (v10-15-10) Page 4 of 12 .
AZ-CDS-101021-Q055; CO-CDS-101021-0056; IA-COS-101021-0057; ID-COS-101021-0058; MN-CDS-101021.0059;
MT-CDS-101021-Q060; ND-CDS-101021-0061; NE-CDS-101021-0062; NM-CDS-101021-0063; OR-CDS-101021-0064;
UT-CDS-101 021-Q065; WA-COS-101021-0066; WV-CDS-1 01 021-0067
DocuSign Envelope 10: 3F29BOB6-90C6-41A6A8FB-88C4B29DB811
. lesser of (i) the highest interest rate (in decimal value) which may be
levied by law for commercial transactions, compounded daily for the
number of Days from the Payment Due Date to and including the date
that the CLEC actually makes the payment to Qwest; or (ii) 0.000407
per Day, compounded daily for the number of Days from the Payment
Due Date to and including the date that the CLEC actuaRy makes the
payment to Qwest.
8.8 CLEC must not remit payment for the Servce 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 perfonn certin functions
unless those functions and obligations are specifically agreed to by the
parties in this Agreement or in an amendment to this Agreement.
9. Conversions. If CLEC is obtaining service from
Qwest under an arrangement or agreement that includes the
application of tennination 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 services will not be
delayed due to the applicabilty of TLA or minimum period charges.
The applicabilty of such charges is govemed by the tenns of the
original agreement, Tariff or arrngement. Nothing herein will be
construed as expanding the rights otherwise granted by this
Agreement or by law to elect to make such conversions.
10. Customer Contact. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' service
needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, truble report,
repair, post-sale servicing, Biling, collection and inquiry. CLEC wil
infonn its End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contacting Owest will be
instructed to contact CLEC, and Qwsts End User Customers
. contacting CLEC will be instructed to contact Qwest. In responding to
calls, neither Part wil make disparaging remarks about the other
Part. To the extent the correct provider can be detennined,
misdirected calls received by either Part will be referred to the proper
provider of Local Exchange Servce; however, nothing in this
Agreement shall be deemed to prohibit Qwest or CLEC from
discussing its products and servces with CLEC's or Qwests End User
Customers who call the other Part.
10.1 In the event Qwest tenninates Service to CLEC for any
reason, CLEC wil provide any and all necessry notice to its End User
Customers of the tennination. 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 written notice thereof, the other
Part may tenninate this Agreement and seek relief in accrdance with
any remedy available under this Agreement, including without
limitation, the Dispute Resolution provisions of Section 25 herein and,
in addition to the foregoing, Qwest may cease to accept orders from
CLEC for Services in accordance with Section 8.2 above. The
remedies available to each Party pursuant to this Agreement are not to
be considered exclusive of one another and will be cumulative.
12.Limitation of Liabilty.
12.1 CLEC's exclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwise limited by this Agreement to outage credits or other
service credits, in which case Qwests total liabilty will not exceed the
aggregate amount of any applicable credits due.
12.2 Except for indemnifcation 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 prots, lost revenues, lost
savings suffered by the other Part regardless of the fonn of action,
whether in contract, warrnty, strict liabilit, tort, including, without
limitaion, negligence of any kind and regardless of whether the Parties
know the possibility that such damages could result.
12.3 Nothing contained in this Secton shall limit either Party's
liabilty to the other for willful misconduct, provided that, a Parts
liability 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 amol,nts charged by
Qwest to CLEC under this Agreement.
13. Indemnity.
13. 1 The Partes agree that unless otherwise specifically set forth
in this Agreement, the followng constitute the sole indemnification
obligations between and among the Parties:
A. Each Part (the Indemnifying Part) agrees to release,
indemnify, defend and hold harmless the other Part and each of
its offcers, directors, employees and agents (each, an
Indemnitee) from and against and in respect of any loss, debt,
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 attomeys' fees), whether sufered, made,
institted, 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 destruction of tangible propert, whether or
not owned by others, resulting frm the Indemnifying Parts
breach of or failure to perfonn under this Agreement, regardless
of the fonn of action, whether in contract, warrnty, 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, directors, employees and
agents (each, an Indemnifed Part) against any and all such
claims or los by the Indemnifying Part's End User Customers
regardless of whether the underlying Servce was provided or was
provisioned by the Indemnifed Part, unless the loss was caused
by the gross negligence or willful misconduct of the Indemnified
Part. The obligation to indemnify with respect to claims of the
Indemnifying Part's End User Customers shall not extend to any
claims for physical bodily injury or death of any Person or
persons, or for loss, damage to, or destructon of tangiblepropert, whether or not owned by others, alleged to have
reulted directly frm the negligence or intentional conduct of the
employees, contractors, agents, or other representatives of. the
Indemnifed Part.
13.2 The indemnifcation provided herein is conditioned upon the
following:
A. The Indemnified Part wil promptly notif the Indemnifyng
Part of any action taken against the Indemnified Part relating to
the indemnifcation. Failure to so notify the Indemnifying Party wil
not relieve the Indemnifying Part of any liability that the
Indemnifying Part might have, except to the extent that such
failure prejudices the Indemnifyng Part's abilit to defend such
November 18, 2010/kjclLightyear Network Solutions/Qwest QLspm MSA - (v10-15-10) Page 5 of 12
AZ-COS-101021-0055; CO-CDS-101021-0056; IA-COS-101021-0057; ID-COS-101021-0058; MN-COS-101021-0059;
MT-COS-101021-0060; ND-CDS-101021-Q061; NE-COS-101021-Q062; NM-COS-101021-0063; OR-COS-101021-Q064;
UT-CDS-101021-0065; WA-CDS-101021-0066; WY-COS-101021-0067
.
OocuSign Envelope 10: 3F29BDB6-90C6-41 A6-A8FB-88C4B290B811
claim.
B. If the Indemnifying Party wishes to defend against such
action, it wil give wrtten notice to the Indemnifed Part of
acceptance of the defense of such action. In such event, the
Indemnifying Part has sole authority to defend any such action,
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 Indemnifyng 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 action and the relevant
records of each Part will be available to the other Part with
respect to any such defense.
C. In no event will the Indemnifing Part settle or consent to
any judgment for relief other than monetary damages pertining
to any such action without the prior wrtten consent of the
Indemnifed Part. In the event that the Indemnified Part
withholds consent, the Indemnified Part may, at its cost, take
over such defense; provided that, in such event, the Indemnifying
Part shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnified Part against, any cost or
liability in excess of such refused compromise or settlement.
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 material confonnance with all
Applicable Laws and regulations.
14.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
QWEST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED
HEREUNDER. QWEST SPECIFICALLY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
15. Relationship. Except to the limited extent expressly
provided in this Agreement, neither Part has the authority to bind the
other by contract or otherwise or make any representations or
guarantees on behalf of the other or otherwise act on the other's
behalf. The relationship arising frm this Agreement does not
constitute an agency, joint venture, partnership, employee relationship
or franchise. Qwest is acting as an independent contractor and wil
have exclusive control of the manner and means of perfonning its
obligations. Notwthstanding anything herein to the contrary, Qwest
reserves the right, in its sole discretion, to modify or change the name
of the Services.
16.Assignment.
assignee of CLEC or Qwst, as applicable, acknowldge in wrting its .
assumption of the obligations of the assignor hereunder. Any
atempted 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 transfers to any unaffliated part
exchanges, including End User Customers that CLEC serves in whole
or in part through Services provided by Qwest under this Agreement,
Qwest will ensure that the transferee serves as a successor to and
fully perfonns all of Qwests responsibilties and obligations under this
Agreement for a period of ninety (90) Days from the effective date of
such transfer or until such later time as the FCC may direct pursuant to
the FCC's then applicable sttutory authority to impose such
responsibilities either as a condition of the transfer or under such other
state statutory authority as may give it such power. In the event of
such a proposed transfer, Qwest will use its best efforts to facilitate
discussions between CLEC and the transferee with respect to the
transferee's assumption of Qwests obligations after the transition
period set forth above in accrdance with the terms and provisions of
this Agreement.
17. Reporting Requirements. If reporting obligations or
requirements are imposed upon either Part by any third part or
regulatory agency in connection with this Agreement or the Services,
including use of the servce by CLEC or its End Users, the other
Part agrees to assist that Part in complying with such obligations and
requirements, as reasonably require by that Part.
18. Survival. The expraon or tennination of this Agreement
does not relieve either Part of those obligations that by their nature
are intended to survive.
19. Confidentiality Nondisclosure.
19.1 Neither Part will, without the prior wrtten consent of the .
other Part (a) issue any public announcement regarding, or make any
other disclosure of the tenns of, this Agreement or use the name or
marks of the other Part or its Affliates; or (b) disclose or use (except
as expressly pennitted by, or required to achieve the purposes of, this
Agreement) the Confidential Infonnation of the other Part. Consent
may only be given on behalf of a Part by its Legal Department.
However, a Part may disclose Confidential Infonnation if required to
do so by a governmental 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 prior written notice and the receiving Part will
cooperate with the disclosing Part to seek or take appropriate
protective measures and will make such disclosure in a manner to best
protect the Confidential Infonnation 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 connection 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 secton. Each Part
wil use reasonable effort to protect the othets Confidential
Infonnation, and wil use at least the same effort to protect such
Confidentiallnfonnation 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 prior written consent of Qwest, which
consent will not be unreasonably withheld. Notwthstanding the
foregoing and subject to prior credit review, submission of appropriate
legal documentation (including, but not limited to, any appropriate
Secretary of State or other filings or documents specified by Qwest) 19.2 All Confidential Infonnation wil remain the property of the
and approval by Qwest of CLEC's proposed assignee, CLEC may disclosing Part. A Party who receives Confidential Information via an
assign this Agreement without prior written consent of Qwest to any oral communication may request written confinnation that the material
Affliate, successor through merger, or acquirer of substantially all of its is Confidential Infonnation. A Part who delivers Confidential
assets; and Qwest may assign this Agreement without prior written Infonnation via an oral communication may request written
consent to any Affliate, successor through merger, or acquirer of confinnation that the Part receiving the information understands that
substantially all of its business assets; provided that in all cases the the material is Confidential Infonnation. Each Part has the right to
November 18, 2010/kjclLightyear Network Solutions/Qwest QLSpTM MSA - (v10-15-10) Page 6 f 12 .
AZ-CDS-101021-0055; CO-CDS-101021-Q056; IA-COS-101021-0057; ID-COS-101021-0058; MN-CDS-101021-0059; 0
MT-COS-101021-0060; ND-COS-101021-Q061; NE-COS-101021-Q062; NM.cOS-101021-0063; OR.cOS-101021-Q064;
UT-CDS-101021-0065; WA-COS-1 01 021-0066; WY-CDS-101021-0067
OocuSign Envelope 10: 3F29BOB6-90C6-41A6-A8FB-88C4B290B811
. correct an inadvertent failure to identify infonnation as Confidential
Infonnation by giving wrtten notification within thirt (30) Days after the
infonnation is disclosed. The receiving Par will from that time
forwrd, treat such infonnation as Confidentiallnfonnation.
19.3 Upon request by the disclosing Part, the receiving Part wil
retum all tangible copies of Confidential Infonnation, whether wrtten,
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
Infonnation confidential and wil disclose it on a need to know basis
only. Each Party will use the other Part's Confidential Infonnation
only in connecion with this Agreement and in accordance with
Applicable Law. Neither Part will use the other Parts Confidential
Infonnation for any other purpose except upon such tenns and
conditions as may be agreed upon between the Parties in wrting. If
either Part loses, or makes an unauthorized disclosure of, the otherPart's Confidential Infonnation, it will notify such other Part
immediately and use reasonable effort to retrieve the infonnation.
19.5 Effective Date of this Section. Notwthstanding any other
provision of this Agreement, the Confidential Infonnation provisions of
this Agreement apply to all infonnation fumished by either Party to the
other in furtherance of the purpose of this Agreement, even if fumished
before the Effective Date.
19.6 Each Part agrees that the disclosing Part could be
irreparably injured by a breach of the confidentiality obligations of this
Agreement by the receiving Part or its representatives and that the
disclosing Party is entitled to seek equitable relief, including injunctive
relief and specific perfonnance in the event of any breach of the
confidentiality provisions of this Agreement. Such remedies are not
the exclusive remedies for a breach of the confidentiality provisions of
. this Agreement, but are in addition to all other remedies available at
law or in equity.
19.7 Nothing herein should be construed as limiting either Part's
rights with respect to its own Confidential Infonnation or its obligations
with respect to the other Parts Confidential Infonnation 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.
the specific part of this Agreement affeced by the order to the extent
reasonably necesary.
22. Notices. Any notices required by or. conceming this
Agreement will be in wrting and wil be suffciently given if delivered
personally, delivered by prepaid ovemight express servce, sent by
facsimile with electronic confinnation, or sent by certified mail, retum
receipt requested, or by email where specifed in this Agreement to
Qwest and CLEC at the addresses shown on the cover sheet of this
Agreement. Notwithstanding anything herein to the contrary, Qwest
may provide notice via email or by posting to Qwests website without
duplicate wrtten notification for: (v) marketing notics; (w) notices
provided under Section 8; (x) rate change notices; 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 frm any cause
beyond its control and without its fault or negligence including, without
limitation, acts of nature, act of civil or miltary authority, govemment
regulations, embargoes, epidemics, terrorist act, riots, insurrctions,
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, power blackouts, volcanic action, other major
environmental disturbances, or unusually severe weather conditions
(each, a Force Majeure Event). Inabilty to secure products or servicesof other Persons or transportation facilties or act or omissions of
transporttion carrers shall be considered Forc Majeure Events to
the extent any delay or failure in perfonnance caused by these
circumstances is beyond the Parts control and without that Parts
fault or negligence. The Part affcted by a Forc Majeure Event shall
give prompt notice to the other Part, shall be excused frm
perfonnance 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 strike the Parties
agree to provide Service to each other at a level equivalent to the level
they provide themselves.
24. Governing Law. Colorado state law, without regard to
choice-of-Iaw principles, govems all matters arising out of, or relating
to, this Agreement.
25. Dispute Resolution.
25.1 The Parties will attempt in good faith to resolve through
negotiation any dispute, claim or controversy arising out of, or relating
to, this Agreement. Either Part may give written notice to the other
Part of any dispute not resolved in the nonnal course of business.
Each Part wil, within seven (7) Days after delivery of the wrtten
notice of dispute, designate a vice-president level employee or a
representative with authority to make commitments to review, meet,
and negotiate, in good faith, to resolve the dispute. The Parties intend
that these negotiations be conducted by non-lawyr, business
representatives, and the locations, fonnat, frequency, duration, and
conclusions of these discussions wil be at the discretion of the
representatives. By mutual agreement, the representatives may use
other procedures to assist in these negotiations. The discussions and
correspondence among the representatives for the purposes of these
negotiations wil be treated as Confidential Infonnation developed for
purposes of settement, and will be exempt from discovery and
production, and are not admissible in any subsequent proceedings
without the concurrnce of both Parties.
21. Regulatory Approval. Each Part reserves its rights with
respect to whether this Agreement is subject to Sections 251 and 252
of the Act. In the event the FCC, a state commission or any other
govemmental authority or agency rejects or modifies any material
provision in this Agreement, whether by direct action or by virtue of
generic proceedings, including without limitation, any pricing tenns,
either Part may immediately upon written notice to the other Part
tenninate this Agreement in whole or in part, including without
limittion, with respect to Service in any state. In the event a Part
exercises its right to tenninate pursuant to this Section 21, the other
Part agres to consent to any regulatory approvals necessary to
disconnect any circuits . provided pursuant to this Agreement and
further agrees to provide any required notice to affected customers
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 25.2 If the designated representatives have not reached a
review, the filing Part shall provide wrtten notice to the other Part of resolution ofthe dispute within fifteen (15) Days after the written notice
the existence of such lawfl, binding order so that the other Part may (or such longer period as agreed to in writing by the Parties), then
seek an injunction or other relief frm such order. In addition, the filing either Part may commence a civil action. Any action wil be brought in
Part agrees to reasonably cooperate to amend and make the United States Distrct Court for the District of Colorado if it has
modifcations to this Agreement to allow the filing of this Agreement or subject matter jurisdiction over the action, and shall otherwise be
. .November 18, 2010/kjclLightyear Network Solutions/Qwest QLSpTM MSA - (v10-15-10) Page 7 of 12
AZ-COS-101021-o055; CO-COS-101021-0056; IA-COS-101021-o057; ID-COS-101021-o058; MN-eOS-101021-o059;
MT-COS-101021-0060; ND-COS-101021-o061; NE-COS-101021-0062; NM-eOS-101021-0063; OR-eOS-101021-0064;
UT-COS-101021-0065; WA-COS-1 01 021-0066; WY-COS-101021-0067
33.2 In order to maintain and modernize the network properly,
Qwest may make necessary modifications and changes to its network
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Network maintenance and moderniz~ti~n
activities will result in transmission parameters that are within
29.3 "All Risk" Propert coverage on a full replacement cost basis transmission limits of the Service ordered by CLEC. Qwest will provide
insuring all of such Part's personal propert situated on or within the advance notice of changes that afect network Interoperabilty pursuantPremises. to applicable FCC rules.
November 18, 2010lkjclLightyear Network Solutions/Qwest QLSpTM MSA - (v10-15-10) .
AZ-eOS-101021-0055; CO-CDS-101021-Q056; IA-CDS-101021-0057; ID-CDS-101021-0058; MN-COS-101021-0059,
MT-CDS-101021-0060; ND-CDS-101021-0061; NE-CDS-101021-0062; NM-CDS-101021-0063; OR-COS-101021-Q064;
UT-eOS-101021-0065; WA-COS-1 01 021-0066; WY-CDS-101 021-Q067
DocuSign Envelope 10: 3F29BOB6-90C6-41A6-ABFB-88C4B290B811
brought in the Denver District Court for the Stae of Colorado. The
Parties agree that such courts have persnal 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 action
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 two (2) years after the cause of acton 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.
Authorizaion. Each Part represents and warrants that:
A. the full legal name of the legal entity intended to provide and
receive the benefis and Services under this Agreement is
accurately set forth herein;
B. the person signing this Agreement has been duly authorized
to execute this Agreement on that Part's behalf;
C. the execution hereof is not in conflict with law, the terms of
any charter, bylaw, artcles of asociation, or any agreement to
which such Part is bound or affected; and
O. each Part may act in reliance upon any instruction,
instrument, or signature reasonably believed by it to be authorized
and genuine.
28. Third Part Beneficiaries. The terms, representations,
warranties and agreements of the Parties set forth in this Agreement
are not intended for, nor will they be for the benefit of or enforceable
by, any third part (including, without limitation, 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, carry and maintain the
insurance coverage listed below with insurers having a "Best's" rating
of B+XIII with respect to liability 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 Section, to the extent its affliated Part
fails to meet such obligations.
29.1 Workers' Compensation with statuory limits as required in
the state of operation and Employers' Liabilty insurance with limits of
not less than $100,000 each accdent.
27.
29.2 Commercial General Liabilty insurance covering claims for
bodily injury, death, personal injury or propert damage, including
coverage for independent contractor's protection (required if any work
will be subcontracted), products and/or completed operations and
contractual liabilit with respect to the liabilty assumed by each Part
hereunder. The limits of insurance shall not be less than $1,000,000
each ocrrence and $2,000,000 general aggregate limit.
29.4 Each Part may be asked by the other to provide .
certificate(s) of insurance evidencing coverage, and thereafter shall
provide such certificate(s) upon reuest. Such certificates shall:
A. name the. other Part as an additional insured under
commercial general liabilty coverage;
B. indicate that coverage is primary and not excess of, or
contributory with, any other valid and collectible insurance
purchased by such Part; and
C.acknowledge severabilty of interest/cross liabilty coverage.
30. Communications Asistance Law Enforcement Ac of
1994. Each Part represents and warrnts that any equipment,
facilties or Services provided to the other Part under this Agreement
comply with the CALEA. Each Part will indemnify and hold the other
Part harmless from any and all penalties imposed upo~ the other
Part for such noncompliance and wil at the no~-comphant. t.arts
sole cost and expense, modify or replace any equipment, facihties or
Servces provided to the other Part under this Agreem~nt to ensure
that such equipment, facilities and Services fully comply with CALEA.
31. Entire Agreement. This Agreement (including all
Attchments, Rate Sheets, and other documents referred to herein)
constitutes the full and entire understanding and agreement betwen
the Parties with regard to the subjects of this Agreement and
supersedes any prior underst~ndings, agr~emen!s, or repres.e~tations
by or between the Parties, wntten or oral, including but not limited to,
any term sheet or memorandum of understanding entere~ into by t~e
Parties to the extent they relate in any way to the subjects of this
Agree~ent. Notwithstanding the foregoing, certin elements used in
combination with the Service provided under this Agreement are
provided by Qwest to CLEC under the term~ and co~di!iO~s of its
interconnection agreement, and nothing contained herein is intended .
by the Parties to amend, alter, or otherwise 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 law, as amended from time to time.
32.2 Each Part wil make POAs àvailable 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 infraction shall be responsible for reslving
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.
33.1 Qwest will provide general repair and maintenance services
on its facilties, including those facilties supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Qwest.
Page 8 of 12 .
DocuSign Envelope 10: 3F29BOB6-90C6-41A6-A8FB-88C4B290B811
Applicable Law.
B. Each Part is responsible to provide security and privacy of
communications. This entails protecting the confidential nature of
Telecomunications transmissions between End User Customers
during technician work operations and at all times. Specifically,
no employee, agent or representative shall monitor any circits
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
penalties. CLEC is responsible for covering its employees on
such security requirements and penalties.
B. In the event any suspect materials within Qwest-oned,
operated or leased facilities are identifed to CLEC by Qwest to beasbestos containing, CLEC will. ensure that to the extent any
activities which it undertkes in the facilty disturb such suspec
materiàls, such CLEC activities wil be in accrdance with
Applicable Law, including without limitation, applicable local, state
and federal environmental and health and safety statutes and
regulations. Except for abatement activities undertaken by CLEC
or equipment placement activities that result in the generation ofasbestos-eontaining material, CLEC does not have any
responsibilit for managing, nor is it the owner of, nor does it have
any liabilty for, or in connection with, any asbetos-entaining
materiaL. Qwest agrees to immediately notify CLEC if Qwest
undertakes any asbestos control or asbestos abatement activities
that potentially could affect CLEC personnel, equipment or
operations, including, but not limited to, contamination of
equipment.
C. The" Parties' netwrks are part of the national security
netwrk, and as such, are protected by federal law. Deliberate
sabotage or disablement of any portion of the underlying
equipment used to provide the network 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..O. Qwest shall not be liable for any losses, damages or other
claims, including, but not limited to, uncollecible or unbilable
revenues, resulting from accidental, erroneous, malicious,
fraudulent or otherwse unauthorized use of Service or facilities
('Unauthorized Use"), whether or not such Unauthorized Use
could have been reasonably prevented by Qwest, except to the
extent Qwest has been notifed 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. Construction. Qwest will provide necessary construction
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 wil
consider such requests on an Individual Case Basis.
33.6. Responsibilty For Environmental Contamination.
A. Neither Part shall be liable to the other for any costs
whatsever 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:
1. any Environmental Hazrd that the Indemnifing Part,
its contractors or agents introduce to the work locations; or.2. the presence or release of any Environmental Hazard
for which the Indemnifying Party is responsible under
November 18, 2010lkjclLightyear Network Solutions/Qwest QLSpTM MSA - (v10-15-10)
AZ-COS-101021-0055; CO-COS-101021-0056; IA-COS-101021-0057; IO.cOS-101021-0058; MN-C05-101021-D59;
MT-COS-101021-Q060; NO-COS-1 01021-0061; NE-COS-101021-0062; NM.cOS-101021-0063;OR.cOS-101021-Q064;
UT.cOS-101021-0065; WA-COS-101021-0066; WV.cDS-101 021-Q067
Page 9 of 12
OocuSign Envelope 10: 3F29BOB6-90C6-41A6-A8FB-88C4B29DB811
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as
amended.
"Advanced Intellgent 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 contrls, is
owned or controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the tenn 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 percnt.
"Automatic Location Identification" or "ALI" is the automatic display at the
Public Safety Answering Point of the callets telephone number, the
addressllocation of the telephone and supplementary emergency services
infonnation for Enhanced 911 (E911).
"Applicable Law" means all laws, statutes, common law including, but not
limited to, the Act, the regulations, rules, and final orders of the FCC, a
state regulatory authority, and any final orders and decisions of a court of
competent jurisdiction reviewing the regulations, rules, or orders of the
FCC or a state regulatory authority.
"Bil Date" means the date on which a Biling period ends, as identifed on
the bilL.
"Biling" involves the provision of appropriate usage data by one
Telecommunications Carrier to another to facilitate Customer Billng with
attendant acknowledgments and status reports. It also involves the
exchange of infonnation between Telecommunications Carriers to process
claims and adjustments.
"Carret' or "Common Carrer" 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 Acr' or "CALEA" refers
to the duties and obligations of Carrers under Section 229 of the Act.
"Confidential Infonnation" means any information that is not generally
available to the public, whether of a téchnical, business, or other nature
and that: (a) the receiving Part knows or has reason to know is
confidential, proprietary, or trade secret infonnation 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. Confidentiai Infonnation will not include
infonnation that is in the public domain through no breach of this
Agreement by the receiving Part or is already known or is independently
developed by the receiving Part.
"Customer" means the Person purchasing a Telecommunications Service
or an infonnation service or both frm a Carrer.
"Day" means calendar days unless otherwise specified.
.Oemarcation Point" is defined as the point at which the LEC ceases to
own or control Customer Premises wiring including without limitation inside
wiring.
"Directory Assistance Database" contains only those published and n.
listed telephone number listings obtained by Qwest from its own End U
Customers and other Telecommunications Carrers.
"Directory Assistance Service" includes, but is not limited to, making
available to callers, upon request, infonnation contained in the Directory
Assistance Database. Directory Assistance Service includes, where
available, the option to complete the call at the callets 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 Customet' means a third part retail Customer that subscribes
to a Telecmmunications Service provided by either of the Parties or by
another Carrer or by tw (2) or more Carrers.
"Environmental Hazard" means any substance the presence,use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental Response
Compensation and Liabilty Act, Superfnd Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
Occupational Safety and Health Act and provisions with similar purposes in
applicable foreign, state and locl jurisdictions) or (ii) poses risks to human'
health, safety or the environment (including, without Iimitation,indoor,
outdoor or orbital space environments) and is regulated under any
Applicable Law.
"FCC" means the Federal Communications Commission.
"Interexchange carrer" or "IXC" means a carrier that provides InterlTA
or IntraLATA Toll services.
"Line Infonnation Database" or "L10B" stores various telephone i.
numbers and Special Billng Number (SBN) data used by operator servi~
systems to process and bil Altemately Biled Services (ABS) calls. The
operator services system accesses L10B data to provide originating line
(callng number), Billng number and tenninating line (called number)infonnation. L1DB is used for callng card validation, fraud prevention,
Billng or service restrictions and the sub-accunt infonnation to be
included on the call's Biling record. Telcordia's GR-46-CORE defines the
interface between the administration system and L10B including specific
message fonnats (Telcordia's TR-NWP-000029, Section 10).
"Line Side" refers to End Offce Switch connections that have been
programmed to treat the circuit as a local line connected to a tenninating
station (e.g., an End User Customer's telephone station set, a PBX,
answering machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carrier" or "LEC" means any Carrer that is engaged in
the provision of Telephone Exchange Service or Exchange Access. Such
term does not include a Carrer insofar as such Carrer is engaged in the
provision of Commercial Mobile Radio Service under Section 332(c) of the
Act, except to the extent that the FCC finds that such service should be
included in the definition of such term.
"Loop" or "Unbundled Loop" is defined as a transmission facilty between a
distribution frame (or its equivalent) in a Qwest Central Offce and the Loop
Demarction Point at an End User Customets Premises
"Local Service Request" or "LSR" means the industry standard fonns and
supporting documentation used for ordering local services.
Page 10 of 12 .November 18, 2010/kjc/Lightyear Network Solutions/Owest QLSplM MSA - (v10-15-10)
AZ-COS-1 01 021-0055; CO-eDS-101021-0056; IA-CDS-101021-0057; ID-CDS-101021-0058; MN-CDS-101021-0059;
MT-CDS-101021-o060; ND-CDS-101021-0061; NE-CDS-101021-0062; NM-COS-101021-0063; OR-eDS-101021-0064;
UT-CDS-1 01 021-0065; WA-COS-101021-0066; WV-COS-101021-o067
DocuSign Envelope 10: 3F29BOB6-90C6-41A6-A8FB-88C4B290B811
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITIONS
.ceiianeous Charges" mean charges that Qwest may asss in addition Accss Tandem Switches), and between Tandem Switches within the
ecurrng and nonrecurrng rates set forth in the Rate Sheet, for activities Local Callng Area, as described more fully in this Agreement.
CLEC requests Qwest to perform, activities CLEC authorizes, or charges
that. .are a result of ~LEC's actions, such as cancellation charges,
~dditional .Iabor and, mainten~nce. Miscellaneous Charges are not already
included in Qwest s recurnng or nonrecurrng rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Netwrk Element" is a facilit or equipment used in the provision of
Telecommunications Service or an information service or both. It also
includes features, functons, and capabilities that are provided by means of
such facility or equipment, including subscriber numbers databases
signaling systems, and information suffcient for Billng and' collection o~
used in the transmission, routing, or other provision of a
Telecommunications Service or an information service or both, as is more
fully desribed in this Agreement.
"Operational Support Systems" or "OSS" mean pre-ordering, Provisioning,
maintenance, repair and billng systems.
.Order Form" means servce order request forms issued by Qwest, as
amended from time to time.
"Person" is a general term meaning an individual or association,
corporation, firm, joint-stock company, organization, partnership, trust or
any other form or kind of entity.
"Port" means a line or trunk connection point, including a line card and
associated peripheral equipment, on a Central Offce Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilties connected to the central Offce Switch. Each
Line Side Port is typically associated with one or more telephone numbers
that serve as the Customer's network address.
eremises" refers to Qwests centrl Ofces and Serving Wire centers' allbuildings or similar structures owned, leased, or otherwise controlled by
Qwest that house its network facilties; all structures that house Qwest
facilties on public rights-of-way, including but not limited to vaults
containing Loop concentrators or similar structures; and all land owned,
leased, or otherwse controlled by Qwest that is adjacent to these Central
Offces, Wire Centers, buildings and structures.
"Proof of Authorization" or "POA" shall consist of verification of the End
User Customer's selection and authorization adequate to document the
End User Customer's selection of its local service provider and may take
the form of a third party verification format.
"Provisioning" involves the exchange of information between
Telecommunications Carriers where one executes a request for a set of
products and servces from the other with attendant acknowledgments and
status report.
"Public Switched Network" includes all Switches and transmission facilties
whether by wire or radio, provided by any Common Carrer including LECs'
IXCs and CMRS providers that use the North American Numbering Plan i~
connection with the provision of switched services.
"Serving Wire Center" denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a particular
Customer Premises.
"Switch" means a switching device employed by a Carrier wihin the Public
Swiched Network. Switch includes but is not limited to End Offce
Switches, Tandem Switches, Accss Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End OfcelTandem Switches.
"Switched Access Traffc," as specifcally defined in Qwests interstate
Switched Access Tariff, is traffc that originates at one of the Parts End
User Customers and terminates at an IXC Point of Presence, or originates
at an IXC Point of Presence and terminates at one of the Parts End User
Customers, whether or not the traffc transits the other Parts network.
"Tariff as used throughout this Agreement refers to Qwest interstate
Tariff and state Tariff, price lists, and price schedules.
''Telecommunications Carrer" means any provider of Telecommunications
services, except that such term does not include aggregators of
Telecommunications Services (as defined in Secion 226 of the Act). A
Telecommunications Carrer shall be treated as a Common Carrier under
the Act only to the extent that it is engaged in providing
Telecommunications Services, except that the FCC shall determine
whether the provision of fixed and mobile satellte service shall be treated
as common carriage.
"Telecommunications Service" means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilties used.
''Telephone Exchange Service" means a Service within a telephone
exchange, or within a connected system of telephone exchanges within the
same exchange area operated to furnish to End User Customers
intercommunicating Servce of the character ordinarily furnished by a single
exchange, and which is covered by the exchange Service charge, or
comparable Servce provided through a system of Switches, transmission
equipment or other facilties (or combinations thereof) by which a
subscriber can originate and terminate a Telecmmunications 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 Carrer's netwrk, where transmission
facilties are connected or switched. Wire Center can also denote a
building where one or more Central Offce, used for the provision of basic
exchange Telecommunications Services and access Service, are located.
Terms not otherwse defined here but defined in the Act and the orders and
the rules implementing the Act or elsewhere in this Agreement, shall have
the meaning defined there. The definition of terms that are include here
and are also defined in the Act, or its implementing orders or rules, are
intended to include the definition as set forth in the Act and the rules
implementing the Act.
"Shared Transport" is defined as local interoffce transmission facilties
shared by more than one Carrer, including Qwest, between End Offce
Switches, betwen End Ofce Switches and Tandem Switches (local and
Anvember 18, 2010/kjclLightyear Network Solutions/Qwest QLSpTh MSA - (v10-15-10)
~.COS-101021-0055; CO-CDS-1 01 021-0056; IA-COS-101021-0057; ID-COS-101021-0058; MN.cOS-101021-o059;
MT-COS-101021-o060; ND-CDS-101021-0061; NE-COS-101021-0062; NM-COS-101021-0063; OR.cOS-101021-0064;
UT-CDS-1 01 021-0065; WA-CDS-101021-0066; WY-COS-101021-o067
Page 11 of 12
OocuSign Envelope 10: 3F29BOB6-90C6-1A6-A8FB-88C4B29DB811
QWEST LOCAL SERVICES PLATFORM"I AGREEMENT
ATTACHMENT 1. DEFINITIONS
November 18, 2010lkjclLightyear Network Solutions/Qwest QLSpTM MSA - (v1Q-15-10)
AZ-CDS-101021-D055; CO-COS-101021-D056; IA-eDS-101021-D057; ID-CDS-101021-0058; MN-CDS-101021-0059;
MT-COS-101021-D060; ND-CDS-101021-0061; NE-CDS-101021-0062; NM-COS-101021-0063; OR-eDS-101021-0064;
UT-COS-101 021-D065; WA-CDS-101 021-D066; WY-COS-101021-0067
Page 12 of 12
.
.
.
.
OocuSign Envelope 10: 3F29BOB6-90C6-41 A6-A8FB-88C4B290B811
.1.0
.
.
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
Qwet wil provide Qwest Local Services Platfonn~
("QLSpq) Services accrding to the tanns and conditionsset forth in the QLSP Agreement betwen the Parties (the
"Agreement") and in this Attchment 2 to the Agreement,
which is incorporated into and made a part of the Agreement
(this "Attchment"). Except as otherwise set forth in thisAttchment, capitalized tenns used but not otherwse
defined herein have the definitions assigned to them in the
Agreement. CLEC may use QLSP Service to provide any
Telecommunications Services, infonnation services (or both)
that CLEC chooses to offer to the extent 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 Network Element
("UNE") Loops under Section 251(c)(3) of the Act in itsReport and Order-Petition of Qwest Corpration for
Forbearance Pursuant to 47 U.S.C. § 160(c) in the Omaha
Metropolitan Statistica/ Area, FCC 05-170, WC Docket No.
04-223, (effecive September 16, 2005), Qwest will provide
to CLEC the Loop element of QLSP Services purchased in
the following nine Omaha Nebraska Wire Centers under the
tenns and conditions of the Agrement 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 Service types will be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(including Centrex 21); Centrex Plus; Centron in Minnesota
only; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP Residential.
1.1 General QL$P Service Description.
1.1.1 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Advanced
Intellgent Network ("AIN") Services, e.g., remote access
forwarding, 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
perfonnance specifications to allow CLEC to combine the
QLSP Services with a compatible voicemail product and
stutter dial tone. Qwest will provide access to 911
emergency service and directory listings in accrdance with
the tenns and conditions of CLEC's interconnection
agreements ("ICAs"), except that the business end user rate
in the applicable tanff applies to all end user premium and
pnvacy directory listings (with the exception of residential
additional listings, i.e., USOC RL T) when services 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, Qwet 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 accordance with the rates,
tenns 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 used
with compatible QLSP Service.
1.2.3 QLSP PBX Analog 2-Way DID Trunks wil be
combined with 4 wire loops.
1.3 Local Switching. The Local Switching Netwrk Element
("Local Switching") is collectively the Line Side and TrunkSide facilties in the local serving Qwst end offce Swich
which provides the basic switching function, the port, plus
the features, functions, and capabilities of the switch
including all compatible, available, and loaded vertical
features (e.g., anonymous call rejection) that are loaded in
that switch. Vertcal features are softare attnbutes on end
offce Switches and are listed on the Qwst wholesale
website. Qwst signaling is provided with Local Switching
solely as descnbed in Section 1.4.2 of this Attchment. The
following Local Swiching port are available with QLSP
Servce: Analog Line Ports, Digital Line Ports Supporting
Basic Rate InterfaceIntegrated Services Digital Network
("BRI ISDN"), and Analog Trunk Port.
1.3.1 Analog Line Port. Line Port attnbutes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detection; audible and power nnging;
Automatic Message Accunting (AMA Recording); and
blocking options.
1.1.2 QLSP Service is available in six different service
arrangements, each of which is descnbed 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 andtwo way) trunks.
1.3.2 Digital Line Port Supporting SRI ISDN. BRI ISDN
is a digital architecture that provides integrated voice and
data capabilty (2 wire). A BRIISON Port is a Digital 2B+0
(2 Bearer Channels for voice or data and 1 Delta Channel for
signaling and 0 Channel Packet) Line Side Switch
connection 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 confonns to
the internationally developed, published, and recognized
standards generated by Intemational Telegraph and
Telephone Union (fonnerly CCITI).
1.1.3 Nothing in this Atthment or the Agreement
precludes Qwest from withdrawing availabilty of
comparable, functionally equivalent services frm its retail
end user customers. In the event of such withdrawal or
discontinuation, Qwest may also withdraw availabilty of the
equivalent QLSP Service.
1.2 Combination of QLSP Service with Loops. Except as
descnbed 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,
Qwest will combine the Local Switching and Shared
Transport Network 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
inherently includes hunting within the trnk group.
Page 1 of7
1.3.3 Analog Trunk Port. DSO analog trunk Ports can be
configured as DID, DOD, and two-way.
November 18, 2010lkjclLightyear Network Solutions Attchment 2 - QLSPiI - (v8-20-10)
AZ-eDS-101021-o055; CO-COS-101021-0056; IA-COS-101021-0057; ID-COS-101021-0058; MN-COS-101021-o059;
MT-COS-101021-0060; ND-CDS-101021-0061; NE-eOS-101021-0062; NM-CDS-101021-0063; OR-eOS-101021-0064;
UT-COS-101021-0065; WA-COS-1 01 021-0066; WY-COS-101021-o067
OocuSign Envelope 10: 3F29BOB6-90C6-1A6-ABFB-88C4B29DB811
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
1.3.3.2 All trunks are designed as 4-Wire leaving record; and callng card, biled to third number, and collect .
the Central Ofce. For 2-Wire service, the trunks are call infonnation used in processing Alternately Billed
converted at the End User Customets loction. Servces (ABS).
1.3.3.4 Two-way analog 010 trunks require E&M
signaling. Qwest wil use Type i and II E&M
signaling to provide these trunks to the PBX. Type II
E&M signaling from Qwest 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 certain end
offce Switch features to provide the callng party's 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
Qwests callng name delivery service arrangement.
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 transfer
feature, both the trunk and telephone instruments
must be equipped with OTMF.
1.4.6 Qwest will provide the listed name of the callng
part that relates to the callng telephone number (when the
infonnation is actally available in Qwests database and the
delivery is not blocked or otherwse limited by the callng
part or other appropriate request).
1.3.4 Usage. Local Switching Usage is biled on a
Minute of Use ("MOU" basis as described within this
Attachment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
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 infonnation into the L10B and ICNAM databases from
CLEC's completed service orders, CLEC is responsible for
the accuracy of its End User Customers' infonnation.
1.4.1 QLSP Service includes nondiscriminatory accss to
all vertical features that are loaded in the Local serving
Qwest end offce switch.
1.4.8 Qwest wil exercise reasonable effort to provide
accurate and complete L10B and ICNAM infonnation. The
infonnation is provided on an as-is basis with all faults.
Qwest does not warrant or guarantee the correctess or the
completenes of such infonnation; however, Qwest wil
acces the same database for CLEC's QLSP End User
Customers as Qwest accesses for its own End User
Customer. Qwest will not be liable for system outage or
inacceibilty or for losses arising from the authorized use of .
the data by CLEC.
1.4.2 Local Switching includes use of Qwests signaling
network (ISUP call set-up) solely for Local Traffc. "Local
Traffc" and "Local calls" means calls that originate and
tenninate within the Local Callng Area as defined in the
Qwest tariff. Qwest wil provide service control point in the
same manner, and via the same signaling links, as Qwest
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
Infonnation Database (L10B), Internetwork Calling Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portabilty 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 "Toll Calls" means intra local
access and transport area ("LATA") or interLTA 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
Carrier (IXC) or other wholesale SS7 provider.
1.4.9 Qwest will not charge CLEC for the storage of
CLEC's QLSP End User Customers' infonnation in the L1DB
or ICNAM databases.
1.5 Shared Transport and Toll.
1.4.3 ICNAM and L10B. CLEC will have non-
discriminatory access to Qwests L10B database and ICNAM
database as part of the delivery of QLSP Service.
1.5.1 Shared Transport. The Shared Transport
Netwrk Element ("Shared Transport") provides the
collective interoffce transmission facilties shared by various
Carrers (including Qwest) betwn 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 network. CLEC traffc wil
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
network facilties that Qwest uses for its own traffc. Shared
Transport does not include use of tandem switches or
transport between tandem switches and end-offce switches
for Local Calls that originate from end users served by non-
Qwest Telecommunications Carriers ("Carrier(s)" which
tenninate to QLSP End Users.1.4.4 The L10B database contains the following data:
various telephone line numbers and special billng number
(SBN) data; originating line (callng number); billng number
and tenninating line (called number) infonnation; callng card
validation; fraud prevention; Biling or service restrictions;
sub-accunt infonnation to be included on the call's Billng
1.5.2 Originating Toll Calls from, and tenninating Toll
Calls to, QLSP End Users will be delivered to/from the
designated IXCs from the Qwest end-offce switches and
access tandems. Use of accss tandem switches are not
Page 2 of7 .November 18, 2010lkjclLightyear Network Solutions Attchment 2 - QLSP~ - (v8-20-10)
AZ-COS-101021-0055; CO-eOS-101021-Q056; IA-CDS-101021-0057; ID-eOS-101021-Q058; MN-COS-101021-Q059;
MT-COS-101021-Q060; ND-eDS-101021-0061; NE-CDS-101021-0062; NM-eDS-101021-0063; OR-eDS-101021-0064;
UT-COS-101021-Q065; WA-CDS-101021-0066; WV-eOS-101021-Q067
2
.
.
.
OocuSign Envelope 10: 3F29BOB6-90C6-1 A6-A8FB-88C4B290B811
QWEST LOCAL SERVICES PLATFORMlI AGREEMENT
ATTACHMENT 2-QLSPlI Service Description
included in the Agreement or this Attchment and accss
tandem charges, if any, may be biled by Qwest to the IXC(s)
under the applicable access tariff.
of an analog Line Side Port and Shared Transport provied
under the Agreement with an analog - 2 wire voice grade
Loop provided in accordance with CLEC's ICAs, excet for
those Loops that are otherwse provided for in the
Agreement.1.5.3 IntrLATA and InterLATA Carrier Designation.
QLSP includes the capabilty for selecton of the interLATA
andintraLATA Toll provider(s) on a 2-Primary Interexchange
Carrier (PIC). basis. CLEC wil 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 accordance with all Applicable Laws, rules
and regulations. Qwest wil not be liable for CLEC's
improper PIC change requests.
1.5.4 Qwest IntraLTA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Qwest does not
authorize CLEC to offer, request, or select Qwest LPIC 5123
service to CLEC's End User Customers for intraLATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwest LPIC 5123 to CLEC's End User
Customers, Qwest will bil CLEC and CLEC will pay Qwest
the rates contained or referenced in the attched Rate
Sheet.
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 accordance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
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 accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in the Agreement.
1.5.5 Usage. Shared Transport is biled on a MOU
basis as described within this Attchment. Rates for
.Shared Transport Usage" or .Shared Transport MOUs" are
provided in the QLSP Rate Sheet.
1.6.5.3 PBX with analog 2- way DID trunks are
combinations of a DID trunk Port and Shared Transpo
provided under the Agreement with an Analog - 4 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 QLSP Service Arangement Descriptions.
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 accordance with CLEC's ICAs, except for those
Loops that are otherwise 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 Transpor provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except as
otherwise provided for in the Agreement. QLSP Residential
may be ordered and provisioned only 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 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Servces
include Centrex 21, Centrex Plus and, in Minnesot 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
accordance with CLEC's ICAs, except for those Loops that
are otherwse provided for in the Agreement.
1.6.6.1 In order for CLEC to receive QLSP
Residential rates via the monthly Residentil End User
Credit provided in the Rate Sheet, CLEC must identify
residential end users by working telephone number
(WTN) utilzing the LSR process as described in the
Qwest wholesale website.1.6.2.1 CLEC may request a conversion from Centrex
21, Centrex-Plus or Centron service to QLSP Business or
QLSP Residential. The Conversion NRC(s) provided in
the Rate Sheet wil apply.
2.0 Additional Terms and Conditions and Service Features.
2.1 Qwest does not warrant the availabilty of facilties at any
serving wire center. QLSP Services will not be available if
facilities are not available. Qwest repreents and warrants
that it will not otherwise restrict facilties eligible to provide
QLSP Service and that any and all facilties 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.
1.6.2.2 Qwest will provide acces to Customer
Management System (CMS) with QLSP-Centrex at the
rates set forth in the Rate Sheet.
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 (supporting BRI ISDN), and Shared Transport
provided under the Agreement with a Basic Rate ISON-
capable Loop provided in accrdance with CLEC's ICAs,
except for those Loops that are otherwise provided for in the
Agreement.
2.2 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 requested. otherwise,
Qwest provisions POTS Services as LPS. GST is generally
Page 3 of7
1.6.4 QLSP PAL is available to CLEC for only CLEC's
Payphone Servce Providers (PSPs) and is the combination
November 18, 2010/kjclLightyear Network Solutions Attachment 2 - QLSPlI - (v8-20-10)
AZ-COS-101021-0055; CO-CDS-101021-0056; IA-COS-101021-0057; ID-COS-101021-Q058; MN-COS-101021-Q059;
MT-CDS-101021-0060; ND-COS-101021-Q061; NE-eOS-101021-Q062; NM-COS-101021-0063; OR-eOS-101021-Q064;
UT-eOS-101021-Q065; WA-COS-1 01 021-0066; WY-COS-101 021-Q067
3
OocuSign Envelope 10: 3F29BOB6-90C6-1A6-ABFB-88C4B290B811
2.3
2.2.1 The Subsequent Order Charge provided in the
QLSP Rate Sheet and the Qwest retail Tari nonrecurrng
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, will be added to service orders
requesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwest wil provide to CLEC
certin originating and terminating call records ("usage
information") generated by CLEC's QLSP end user via a
OUF.
2.8 Nothing in the Agreement alters or affect CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
2.3.1 Qwest wil 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 interLTA and intraLATA
exchange access to the IXC (excluding intraLATA usage
information if Qwest LPIC 5123 is selected as the intraLATA
Toll provider) in the form of either the actual usage or a
negotiated or approved surrogate for this information, as
such billng is described and allowed under section 3.7 of
this Attachment. These exchange access records will be
provided as category 11 EMI records via the OUF.
2.3.3 Qwest will provide DUF records for the following:
all usage occurrences bilable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrpt (BLI);
originating local usage; usage sensitive CLASS features;
and Qwest-provided intra LATA toll.
2.3.4 Local Call usage records wil 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 intra LATA PIC changes or
additions for QLSP, wil be processed concurrently with the
QLSP order as specified by CLEC.
2.9 Qwest Operator Services and Directory Assistance Services
are provided under the terms and conditions of CLEC's
ICAs.
2.5 Accss to 911/E911 emergency Services for CLEC's End
User Customers wil be available in accordanCe with CLEC's
ICAs. If Qwest is no longer obligated to provide access to
911/E911 emergency services in accordance with 47 U.S.C.
§251 , Qwest wil then provide such servces under the
Agreement wih respect to all CLEC QLSP Serice End User
Customers and new QLSP Servce 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
U.S.C. §251.
3.0 Rates and Charges.
2.6 Qwest AIN and VMS are offered on a commercial basis and
may be purchased with QLSP at the rates set forth in the
attached Rate Sheet. Retail promotions may not be
combined with QLSP.
3.1 The recurrng ("MRC") and NRC rates for QLSP Services
and all associated QLSP applicable usage-based rates and
miscellaneous charges are set forth or incorporated by
reference into the attched QLSP Rate Sheets. Rates for
QLSP Service are in addition to the applicable rates for
elements and Servces provided under CLEC's ICAs.
Applicable intercarrer compensation. rates and charges
(such as acc charges, reciprocal. compensation, and
other charges for elements and services) are applicable and
are provided under a separate Agreement or Tariff.
3.2 QLSP rates Effctive Date through Term. Starting on the
Effective 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 wil be adjusted annually,
effective January 1 of each year through the term of the
Agreement. CLEC is eligible for and wil receive discounts.
on the Basic Plan switch port MRCs if it meets the volume
plans described below. Discounts are not cumulative and
Qwest wil apply the highest discount rate for which CLEC
qualifies. Basic Plan MRCs will apply if CLEC does not
qualify for any discount.
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 wil 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 1150/0 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
the Business Port MRCs and a 6% discount off of the
Residential Port MRCs applicable during the next
calendar year.
3.3 For purposes of counting CLEC's total QLSP lines in secion
3.2 as of October 31 of each year, Qwest wil include all
QLSP lines, if any, from the previous year. For example, to
determine 2011 QLSP rates, Qwest will use the total number
Page 4 of7 .November 18, 2010lkjclLightyear Network Solutions Attchment 2 - QLSPiI - (v8-20-10)
AZ-eDS-101021-0055; CO-CDS-101021-0056; IA-CDS-101021-0057; ID-CDS-101021-D058; MN-eDS-101021-0059;
MT-COS-101021-0060; ND-CDS-101021-0061; NE-CDS-101021-0062; NM-CDS-101021-D063; OR-CDS-101021-0064;
UT-CDS-101021-0065; WA-CDS-101021-0066; WY-COS-1 01 021-0067
4
OocuSign Envelope 10: 3F29BOB6-90C6-41A6-A8FB-88C4B290B811
.
.3.7
.
QWEST LOCAL SERVICES PLATFORM!l AGREEMENT
ATTACHMENT 2-QLSP!l Service Description
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.
including but not limited to flat rate transport charges, in
accrdance with the applicable Tarif
3.8 Local Switching Usage and Shared Transport Minut of
Use (MOU) This secion descrbes the use of the Qwest
netwrk for different call types originated by or terminated to
QLSP End Users. This section does not afect Qwts
rights to charge IXCs for signaling as described in Section
1.4.2 of this Attchment.
3.4 Except as otherwise provided herein, the Loop element
combined with a QLSP Service will be provided in
accordance with CLEC's ICAs with Qwest at the rates set
forth in those ICAs.
3.5
3.4.1 Loops provided under the Agreement Upon
thirt (30) Days notice via the standard comercial
notification process, Qwest 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 Qwest has the right to
adjust commercial port rates in Nebraska after the Nebraska
PSC issues a final order related . to Application No.
C-3554/PI-112 and CLEC's continued use of any Services in
Nebraska constitutes its accptance of such updated rates.
CLEC will be responsible for biling its QLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statute, regulation or as otherwse
required.
3.8.2 Originating InterOce Local Calls. This
originating Local Call requires switching by the local serving
Qwest end offce and other interoffce switcing for Local
traffc. When this call type is originated by a QLSP end user,
Local Switch Usage per MOU and Share Transport per
MOU charges provided in the Rate Sheet will apply. For
these call tyes that also terminate to an end user served by
a non-Qwest Carrier, Qwest may pay that carrer certin
terminating compensation charges under terms and
conditions of a separate ICA
3.8.1 Originating IntraOffce Local Calls - This
originating Local Call requires switching by the local servng
Qwest 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, Qwest may pay that Carrier certin terminating
compensation charges under terms and conditions of a
separate ICA.
3.6 CLEC will pay Qwst the PIC change charge associated with
CLEC End User Customer changes of interLATA or
intraLATA Carrers. Any change in CLEC's End User
Customers' interLATA or intraLATA carrer must be
requested by CLEC on behalf of its End User Customer.
Intercarrier Compensation. Except as specifically
described in this Section, the Agreement does not change or
amend applicable intercarrier compensation arrangements
(including but not limited to Switched Access, Signaling, orTransit charges) between any parties, including between
Qwest and Carrers or IXCs.
3.8.3 Originating IXC Toll Calls. This originating Toll
Call require switching by the local serving Qwest end ofce.
If the QLSP End User's seleced IXC does not have direct
trunking to the local serving Qwest 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 wil apply. For these call types that
require Shared Transport, Qwest retains its rights to bil the
IXC for Tandem elements under the Tariff.
3.7.1 Switched Access. For QLSP End User
Customer(s), Qwest wil not charge to or collect from the IXC
usage based end offce and loop Switched Accss charges
(such as Switched Access Local Switching, End Offce
Shared Port, Tandem Transmission and Carrer Common
Line) for InterLATA or Intra LATA Toll Calls originating or
terminating from that QLSP End User Customer's line to an
IXC.
3.8.4 Terminating IntraOfce and InterOffce Local
Calls. This terminating Local Call requires switching by the
local servng Qwest end offce and in certain instances other
interoffce switching within the Local Callng area. When a
call is terminated to a QLSP end user, no charges will apply
under QLSP. For these call tyes that originate from an end
user served by a Carrer, Qwest retains it rihts to bil that
Carrer certain Transit charges as described in Section 3.7
above.
3.7.2 Signaling. Qwest retains its right to charge IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as L10B,
ICNAM and 8XX) associated with interLATA and intraLATA
Toll Calls originated by or terminated to a QLSP End User
under the applicable Tariff.
3.7.3 Transit. For any call originated by an end user
served by a Carrier that routes through Qwests network and
which terminates to a QLSP End User, Qwest retains it
rights to bill the originating Carrer Transit charges for that
call under the originating Carrier's Agreement.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
Call always requires switching by the local serving Qwest
end office. If the originating caller's IXC does not have direct
trunking to the QLSP end user's local serving Qwest end
offce switch, Shared Transport is required to terminate the
call to the receiving QLSP end user. When this call type is
terminated to a QLSP end user, Local Switch Usage
charges provided in the Rate Sheet will apply. Additionally,
if Shared Transport is necessary to deliver the call to the
QLSP end user from the access tandem, Shared Transport
Page 50f7
3.7.4 Other. Qwest retains its rights to billXCs or other
Carriers, as applicable, any and all other access charges
and assessments not expressly addressed in this section,
November 18, 2010/kjclLightyear Network Solutions Attchment 2 - QLSP!l - (v8-20-10)
AZ-COS-101021-Q055; CO-COS-101021-Q056; IA-COS-101021-0057; IO-COS-101021-0058; MN-COS-101021-0059;
MT-COS-101021-Q060; NO-COS-101021-0061; NE-COS-101021-0062; NM-COS-101021-Q063; OR-COS-101021-00;
UT-COS-101021-0065; WA-COS-1 01 021-0066; WY-COS-101 021-Q067
5
OocuSign Envelope ID: 3F29BOB6-9DC6-41A6-A8FB-88C4B290B811
4.0
4.1
QWEST LOCAL SERVICES PLATFORMlI AGREEMENT
ATTACHMENT 2-QLSPlI Service Description
Usage charges provided in the Rate Sheet will apply. For bil its End Users or other Carriers (including Qwest), Qwest .
these call types that require Shared Transport, Qwest retains wil work withCLEC in good faith to deliver such information.
its rights to bil the IXC for Tandem elements under the
Tariff.6.0
3.8.6 Originating Toll Calls when QC is the
Intra LATA Toll provider. See Section 1.5.4 above.
6.1
Maintenance and Repair.
Qwest wil maintain facilties and equipment that comprise
the QLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Qwest facilties or equipment, other than by
connection or discnnection to any interface between Qwest
and the End User Customer, without the written consent of
Qwest.
Qwst wil provide general repair and maintenance Services
on its facilties, including those facilties supporting QLSP
Services purchased by CLEC. Qwest wil repair and restore
any equipment or any other maintainable component that
adversely impact CLEC's use of QLSP Service. Qwest and
CLEC wil cooperate with each other to implement
procedures and processes for handling service-affecting
events. There will be no charge for the Services provided
under this Section 6, except as set forth in the Rate Sheet.
Commercial Penormance Measures and Reporting,
PenormanceTarget and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
indicated on Signature Page).
Each Part wil provide suitably qualified persnnel 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 conformance with Applicable Law.
The QLSP Service attributes and process enhancements are .
not subject to the Change Management Process ("CMP").
CLEC proposed changes to QLSP Service attributes 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 procedures.
Qwest will provide commercial performance measurements
and reporting against established performance targets with
QLSP Service. The following performance measurements
will apply to QLSP Residential and QLSP Business: (a) Firm
Order Confirmations (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.
Commercial measurement definitions, methodologies,
performance targets and reporting requirements are set forth
in Attachment 3 to the Agreement. Qwest wil provide CLEC
with the raw data necessary to allow CLEC to disaggregate
results at the state leveL. Reporting of these performance
measures will be applied for activit beginning the first full
month of Servce after January 4, 2011.
CLEC wil 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 occurring after January 4, 2011. All service
credits. will be applied automatically by Qwest as credit
against CLEC's bil for the biling period following the one in
which the credits were accrued. Credits for Services
provided under the Agreement wil be applied for activity
beginning the first full month after January 4, 2011. Any
Page 6 of7
Qwest 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 format. Billng information
wil include a summary bil and individual End User
Customer sub-account information. If CLEC needs
additional or different billng information in order to properly
November 18, 2010/kjclLightyear Network Solutions Attchment 2 - QLSPlI - (v8-20-10)
AZ-COS-101021-0055; CO-eDS-101021-D056; IA-COS-101021-0057; ID-COS-101021-0058; MN-CDS-101021-0059;
MT-CDS-101021-D060; ND-CDS-101021-0061; NE-eOS-101021-0062; NM-COS-101021-0063; OR-CDS-101021-0064;
UT-CDS-101021-0065; WA-COS-101021-0066; WY-COS-101021-D067
3.9 Qwest wil have a reasonable amount of time to implement
system or other changes necessary to bil CLEC for rates or
charges associated with QLSP Services
3.10 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 Services are biled month to month and will after the
one month minimum service period is satisfied be pro-rated
for partial months based on the number of days Service was
provided.
6.2
3.11 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 Servce, denying or restoring
service, adding, removing or changing features, and other
similar requests.7.1
7.0
Systems and Intenaces.
Qwest 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.
4.2 QLSP Services are ordered utilzing the LSR process as
described in the Qwest wholesale website.
4.3 Prior to placing an order on behalf of each End User
Customer, CLEC wil be responsible for obtaining and will
have in its possession a Proof of Authorization as set forth in
the Agreement.
7.2
4.4 When Qwest or another provider of choice, at the End User
Customets request, orders the discontinuance of the End
User Customets existing servce with CLEC, Qwest will
render 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 wil not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End
User Customer.
7.3
4.5 The Parties wil provide each other with points of contact for
order entry, problem resolution, repair, and in the event
special attention is required on service request.7.4
5.0
.
6
OocuSign Envelope 10: 3F29BOB6-90C6-41A6-A8FB-88C4B290B811
.
.8.1
.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
credits or payments related to the Service provided prior to
the first full month following January 4, 2011 and in
accordance with CMP, PIO, PAP or any other wholesale
servce quality standards wil no longer be applied beginning
the first full month after January 4, 2011.
Eligible QLSP Services will be included in the UNE-P PAP
results beginning the first full month followig the Effective
Date of the Agreement.
Notwthstanding the dispute resolution provisions in the
Agrement, the Partes will resolve any dispute, claim or
controversy arising out of, or relating to, the PIO and/or PAP
under the dispute resolution proces described in the PAP.
8.4
8.5
7.4.1 Installation Commitments Met. For each
installation commitment that Qwest, through its own
fault, fails to meet, Qwest wil provide a service credit
equal to 100% of the nonrecurrng charge for that
installation. Qwest will use the state installation
nonrecurrng charge contained in the Agreement for
that order type in calculating the credit. The definition
of a "missed installation commitment" and the
associated exclusions are described in Attchment 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, Qwest will
provide a service credit equal to one day's recurrng
charge (monthly recurrng 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 recurrng charge divided by 30. If the out-of-
service condition existed for 48 to 71 hours, the credit
would equal tw times the monthly recurrng charge
divided by 30).
8.0 Service Performance Measures and Reporting and
Performance Asurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selected by CLEC as indicated
on the Signature Page to the Agrement).
If selected by CLEC under the terms and conditions of the
Agreement and this Attachment, Qwest wil, in Washington
only, provide performance measurements, reporting, and
remedies compliant with the Washington Performance
Indicator Definitions ("PI Os") and the Qwest Washington
Performance Assurance Plan ("PAP") for the Services, if
eligible, provided under the Agreement and this Attachment.
Only in the state of Washington, and only if expressly
selected by CLEC under the terms and conditions of the
Agreement and this Attchment, does this PIO and PAP
replace, in their entirety, the Commercial Performance
Measures and Reporting, Performance Targets and Service
Credits terms and conditions for Services provided under the
Agreement and this Attchment outlined in Section 7.0 of
this Attachment.
8.2 The PIOs and PAP for Washington in their currnt form are
posted in the Qwest Wholesale PCAT, currently called
Negotiations Template Agreement PCAT, under Exhibit B
and Exhibit K for Washington, respectively. Those PIOs and
that PAP are incorporated by referenced into, and made a
part of, this Attachment. Subsequent changes to the PIOs or
PAP submitted to the WUTC wil be incorporated into the
applicable exhibit as soon as they are effectve either by
operation of law or WUTC order, whichever occurs first and
without further amendment to this Attchment.
8.3 To selec the Service Performance Measures and Reporting
and Performance Assurance Plan (PIO/PAP) option, CLEC
must be a certified CLEC under applicable state rules and
have elected the PIO and PAP under its Washington
interconnection agreement with Qwest.
November 18, 201 OlkjclLightyear Network Solutions Attchment 2 - QLSP~ - (v8-20-10)
AZ-COS-101021-Q055; CO-COS-101021-0056; IA-COS-101021-0057; 10-COS-101021-Q058; MN-COS-101021-0059;
MT-CDS-101021-0060; ND-COS-101021-0061; NE-COS-101021-0062; NM-COS-101021-0063; OR-CDS-101021-Q064;
UT-CDS-101021-0065; WA-COS-1 01 021-0066; WY-COS-1 01 021-0067
Page 70f7
7
OocuSign Envelope 10: 3F29BOB6-90C6-41A6-A8FB-88C4B290B811
.ATTACHMENT 3
Performance Targets for Qwest QLSP ™ Service
.
.
ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Service
DocuSign Envelope 10: 3F29BOB6-90C6-41 A6-ASFB-8C4B29DB811
FOC.1 - Firm Order Confirmations (FOCs) On Time .
Purpose:
Monitors the timeliness with which Qwest returns Firm Order Confirmations (FOCs) to CLECs in
response to LSRs received from CLECs, focusing on the degree to which FOCs are provided within
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-1B, 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, where multiple
LSRs from the same CLEC are related, based on the combined number of lines requested on the
related LSRs.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.Individual CLEC . FOC-1A: FOCs provided for fully electronic LSRs received via IMA- .
GUI or IMA-EDI
FOC-1 B: FOCs provided for electronic/manual LSRs received via
. IMA-GUI or IMA-EDI
Formula:
FOC-1A = HCount 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 = HCount 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
.
ATIACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
Page 2
OocuSign Envelope 10: 3F29BOB6-90C6-41 A6-ASFB-88C4B29DB811
.
.
.
Exclusions:.LSRs involving individual case basis (lCB) handling based on quantities of lines, as specified in the
"Performance Targets" section below, or service/request types, deemed to be projects..Hours on Weekends and holidays. (Except for FOC-1A, which only excludes hours outside the
scheduled system up time.).LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the measure definition..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid 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 FOC Intervals
Product Group NOTE 1 FOC
Interval
QLSP-POTS (1-39 lines) FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
Performance wil be measured
beginning the first full month of
QLSP service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
oroduct tvoe are considered ICB.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ service
Page 3
OocuSignEnvelopelO: 3F29BOB6-90C61A6-A8FB-88C4B290B811
ICM.1 . Installation Commitments Met
Purpose:
Evaluates the extent to which Owest installs services for Customers by 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 Owest 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 Owest 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 Owest changes a due
date for Owest 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 Owest-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/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
ICM-1C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) -. (Total Orders
Completed in the Reporting Period)) x 100 .
Exclusions:
. Disconnect, From (another form of disconnect) and Record order types.
. Due dates missed for standard categories of customer and non-Owest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-Owest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving offcial company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 4
OocuSign Envelope 10: 3F29BOB6-90C6-41A6-ASFB-88C4B290B811
.
.
.
Product Reporting Penormance Target:
MSA-TvDe:
QLSP-POTS QLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 5
OocuSign Envelope 10: 3F29BOB6-90C6-41 A6-A8FB-88C4B290B811
011.1 . Order Installation Interval
Purpose:
Evaluates the timeliness of Owests 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
Owest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
. Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Owest changes a due date for Owest
reasons, the Applicable Due Date is the CLEC-initiateddue date, if any, that is (a~ subsequent to
the original due date and (b) prior to a Owest-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
Owest-initiated due date, if an¥, 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 producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSA); and
01l-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
01l-1C Interval Zone 1 and Interval Zone 2 areas.
.
.
Formula:
-((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 offcial company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
. Orders involving individual case basis (ICB) handling based on quantities of lines or orders
deemed to be projects.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 6
OocuSign Envelope 10: 3F29BOB6-90C6-1A6-A8FB-88C4B290B811
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.
.
Re orted As:
Avera e business da
Zone-T e-
Penorrance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
6 Days
3.5 Days
Availabilty:Notes:
1. According to this definition, the Applicable Due Date can
change, per successive CLEC-initiated due date changes or
delays, up to the point when a Qwest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(Le., with no further changes) as the date on which 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.
Performance wil be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 7
OocuSignEnvelope 10:3F29BOB6-90C6-41 A6-ASFB-88C4B290B811
00S24.1 . Out of Service Cleared within 24 Hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (Le., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified
service that is out-of-service (Le., unable to place or receive calls), subject to exclusions
specified below.
. Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
00S24-1A Dispatches (Includes within MSA and outside MSA); and
00S24-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
00S24-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) -(Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100 .
Exclusions:
. Trouble reports coded as follows:
. For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit
Found OK, and Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer
Instruction, Carrier, Alternate Provider).
. For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test
o K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Owest 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 offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition..
ATIACHMENT 3 - Perfomiance Targets for Qwest QLSp™ Service
Page 8
DocuSign Envelope 10: 3F29BOB6-90C6-41A6-ASFB-88CB29DB811
.
.
.
Product Reportina:Penormance Taraets:
MSA-TvDe -
... QLSP POTS Dispatch and Non-Dispatch 190%
Zone-TvDe -
Availabilty:Notes:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Servce
Page 9
DocuSignEnvelope 10: 3F29BDB6-9DC6-41A6-A8FB-88C4B290B811
MTTR.1 . Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusini: how loni: it takes to restore services to proper operation.
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 tinie of receipt to date and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Hours and Minutes
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
MTTR-1A Dispatches (Includes within MSA and outside MSA); and
MTTR-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
MTTR-1C Interval Zone 1 and Interval Zone2 areas.
.
Formula:
-((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) -(Total number of
Trouble Reports closed in the reporting period)
Exclusions:. Trouble reports coded as follows: .
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the
Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
- For products measured froni WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NT F), Test 0
K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Owest 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 offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 10
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OocuSign Envelope 10: 3F29BOB6.9DC6-1A6-ASFB-88C4B290B811
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.
.
Product Reporting:Penormance 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).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 11
OocuSignEnvelope 10: 3F29BOB6-9DC61A6-ASFB-88C4B290B811
TR.1 . Trouble Rate
Purpose:
Evaluates the overall rate of trouble 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 exclusions specified
below.
. Includes all applicable trouble reports, including those that are out of service and those that are
only service-affecting.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, Carrer,
Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services 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 missing data essential to the calculation of the measurement per the measure definition.
.
.
AnACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 12
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,. DouSign Envelope 10: 3F29BOB6-9DC6-41 A6-A8FB-88C4B290B811
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.
.
Product Reporting:Penormance Target:
.
MSATvDe:
.... QLSP-POTS Diagnostic
Zone Type: .
Availabilty:Notes:
Performance wil 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
h
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DocuSign Envelope ID: 3F29BDB6-9DC6.41A6-A8FB-88C4B29DB811
Qwest Local Services Platform ™ (QLSpTM) Rate Page - Idaho
Januarv 4. 2011 throu h Term'
/,/i ./::?~;:.i.%:
109,8 Shared Tran.~ort purchased~N
109.8.1 QLSpTM Residèn and PAL in 10-5 (Per MOUl $0.0011100
109.8.2 QLSP"" Centrex Lin ID-N. and PBX Analnn Trunks Per line/trunk UGUST $0.35
109,11 Local Switch Inn Purchased As Part of QLSpTM
109.11,1 Port. Basic Plan
109.11.1.1 Analoa Port $6.21
109.11.1.2 Residential end user credit LAWUR $3.07 1
109.11.1.3 Effective QLSP TM Residential Analon Port $3.14 1
109.11.1.4 Oi ital Port SuoDortina BRIISON)$17.40
109.11.1.5 PBX DID Port $7.30
109.11.2 Intentionallv Blank
109.11.3 Ports If 90% yay Volume Retention Plan Renuirements Are Met
109.11.3.1 Analoo Pori $5.59
109.11.3.2 AnaloQ Port. Residential end user credit LAWUR $2.51 1
109.11.3.3 Effective QLSpN Residential Anala" Port $3.08 1
109.11..4 OJ ital Port SUDDOrtino BRllSDNl $17.40
109.11.3.5 PBX OlD Port 57.30
109.11,4 Intentionallv Blank
109.11,5 Ports If 115% yay Volume Growth Plan Renulrements Are Met
109.11.5.1 Analoa Port $4.35
109.11.5.2 Analoc Port, Residential end user crdit CAWUR $1.40 1
109.11.5.3 Effective QlSpTM Residential Analoc Port $2.95 1
109.11.5.4 Oi ital Port Sunnortinn BRIISON\$17.40
109.11.5.5 PBX DID Port $7.30
109.11.6 Intentionallv Blank
109.11.7 local Switch Usage
109.11.7.1 QlSP"" Residential, Business, and PAl in ID-S Per MOUl $0.001343
109.11.7.2 QlS?lli Centrex, ISDN BRI, PAL in ID-, and PBX Anã¡n-Trunks Per LinelTrunk UGUFM $1.13
109.11.8 Switch Features 2
109.11.8.1 Accunt Codes - Der System ".PS $75.00
109.11.8.2 Attendant Accei:i: Line, ner Station Line oZR $10.00
109.11.8.3 Audible Menace Waitinc GN,roW $12.00
109.11.8.4 FYPS
:5J109.11.8.5 Automatic Line .109.11.8.8 Automatic Route Selection e Common e ui ment~r ~tem
109.11.8.7 CallDro
109.11.8.8 Call Exdusion e Automatic NI $5.00
109,11.8.9 Call Exdusion e Manual A-$5.00
10SNI
109.11.8.10 Call Forwardinc Busv line e Incomin Onl 9B1X $5.00
109.11.8.11 Call F~oon't Answer Incaminn Onlv 9A $5.00
109.11.8.12 Call Fa : Busv Line I Don't Answer Procrammable Service Establishment EPFA $50.00
109.11.8.13 Call Fo Don't Answer I Call Forwrdjnn BuS\I-Customer Pro rammable, Der Line SW $10.00
109.11.8.14 Call Waitiñcilndication,. ner TIminn State WUT $25.00
109.11.8.15 Centrex Common Ecuioment HYE, HYS $160.00
109.11.8.16 CLASS. Call Trace Per Occurrence OUSOC $0.46
109.11.8.17 CLASS. Continuous Redial NSS $10.00109.11.8.18 CLASS~SO $10.00
109.11.8.19 CLASS.NSK $10.00
109.11.8.20 CLASS.NCE $10.00
109.11.8.21 CLASS.KOPN, NSY $10.00
109.11.8.22 Direct Station Selection I Busv Lamn Field_ oer Arranoement BUD 8.00
109.11.8.23 Directed Cafl.PickuD with Bar e.in MD $5.00
109.11.8.24 Directed Call Pickuo without Barne-in 90 $5.00
109.11.8.25 Distinctive RinolOistinctve Call Waitino NN $5.00
109.11.8.26 Exoensive Route Warnino Ton8;- oer System OWPS $90.00
109.11.8.27 Groun Intercom CN $8,00
109.11.8.28 Hot Line, per Line LN, HLA $8.00
109.11.8.29 Huntiho: Multinositon Hunt QU8uinn MH5 $5.00
109.11.8.30 Huntina: Multi osition wiui Announcement in Queue MHW $5.00
109.11.8.31 Huntina: Multinnsition with Music in Queue OHPS $100.00
109.11.8.32 ISDN Short Hunt Ii $10.00
109.11.8.33 loudsoeaker Pa inn, ner Trunk Groun ICB
109.11.8.34 Make Busv Arrnoements. oer Groun P89 $20.00
109.11.8.35 Make Busv Arranaements. Der line Bl $10.00
109.11.8.38 Messaae Center, ner Main Station Line FR $8.00
109.11.8.37 Messaoe WaitlnCl Visual MV5 ICB
109.11.8.38 Music On Hold. Der Svstem MHHPS $75.00109.11.8.39~7KPK $5.00
109.11.8.40 T1PK $5,00
109.11.8.41 . Ar""ived Data R7CX $300,00
109.11.8.42 SMDR.. - Service Establishment Charge. lnitlallnstallation ~EPSP,$165.00
SEPSR
109.11.8.43 Staiion~inStatlon PK $8.00109.11.8.44 Time 01 System TBPS $125.00
109.11.8.45 Timeol 4T $1.00109.11.8.46 Tlmeof .TB $1.00
109.11.8.47 Trunk Verification from Desi nated Station BVS $100.00
109.11.8.48 UCO in HuntGrouD,er Line HM $8.00
I
Qwest Local Services Platform TM Agreement OLSpTl Rete Sheei.Vl.2.3 04.11.08 14
DoeuSign Envelope ID: 3F29BDB6-9DC6-41A6-A8FB-88C4B29DB811
Qwest Local Services Platform™ (QLSpTM) Rate Page . IdahoJ 42
109.11.8.49 Premium Port F..tu.... Addlton.1 Che.. $2.08
109.11.8.49.1 eMS - System Establihment - Initial Instllation MB5XX $1000.00'09.".8.49'2~bseauent InstaUation CPVWO $500.00
109.11.8.49.3 arSvstem PTGPS $1500.00
109.11.8.49.4 Con erance -Met Me MJJPK 55.00109.11.8.49.5 Conference Cab. Pret M09PK $5.00
109.11.8.49.8 Conference Gallina. Station Diali6-Wav)GVT $5.00
109.11,9 Other
109.11.9.1 Custom Number
109.11.9.1.1 Idaho North See Applicable Qwesl Retail 6
Tariff. Catalog or Price List less
Discount (which wil be
provided pursuanl 10 terms and
conditions in CLEe's ICA).
109.11.9.1.2 Idaho South See Applicable awest Retail 6
Tarif, Catalog or Price List less
Discount (which wil be
provded pursuant to terms and
conditions in ClEe's ICA).
109.11.9.2 PBX DID Com lex Translations OJ its OutDulsed Chanoe Sianalino 515.22109.11.9.3 PBX DID Com lex Translations S¡ nalina Chanae 535.52
109.11.9.4 PBX DID Block Comnromise 525.53
109.11.9.5 PB~$31.36
109.11.9.6 PBX Block 525.38
109.11.9.7 PBX eleohone Numbers 523.67
109.11.9.8 f)BX Teleohone Numbers 533.18
109,11,10 Subsenuent Order Char e NHCUU $12.17 4
109.11.11 Qwst CorDoration QC IntraLATA Toll LPIC 5123
109.11.11.1 Idaho North See Applicable Owesl Retail 6
Tari, Catalog or Price List less
Discunt (which wil be
proided pursuant to terms and
coditions in CLEC's ICA).
109.11.11.2 Idaho South See Applicable Owest Retail 6
Tari, Catalog or Price List less
Discunt (which wil be
provided pursuant to terms and
conditions in CLEC's ICA).
109.20 Miscellaneous Charges 5
109.20.1 Dasino . North
109.20.1.1 Maintenance of Service
109.20.1.1.1 Basic
109.20.1.1.1.1 First Increment MVWXX ..
109.20.1.1.1.2 Each Additional Increment MVW1X ..
109.20.1.1.2 Overtime
109.20.1.1.2.1 First Increment MVWOX ..
109.20.1.1.2.2 Each Additional Increment MV2X ..
109.20.1.1.3 Premium
109.20.1. ,3.1 First Increment MVWPX ..
109,20.1.1,3.2 Each Additonal Increment MVW3X ..
109.20.1.2 Ootionsl Testino (Additinal Labor
109.20.1.2.1 Basic. First and Each Additional Increment QTNBX ..
109.20.1.2.2 Overtme, First and Each Additional Increment OTNOX ..
109.20.1.2.3 Premium, First and Each Additional Increment OTNPX ..
109.20.1.3 Oisoatch Additional Disoatch - No trouble found T60C ..
109.20.1.4 Disnatch for Maintenance of Service - No Trouble Found T60M ..
109.20.2 Desion and NoiMesian . North
109.20.2.1 Trio Chame p Premises Visit Chame SeQ ..
109.20.2.2 pr.m¡...woiX§
109.20.2.2.1
.2.2.1.1 First Increment HR011 ..
1 . .2.2,1.2 Each Additional Incrment HROA1 ..
109,20.2.2.2 Overtime
109.20.2,2.2.1 First Incrment R012 ..
109.20.2.2.2.2 Each Additionallncremenl ROA2 ..
109.20.2.2,3 Premium
109,20.2.2.3.1 First Increment HRD13 ..
109.20.2.2.3.2 Each Addllionallncrement HROA3 ..
109.20.2.3 Network Premises Work Charce
109.20.2.3.1 Basic First Increment HRR11 ..
109.20.2.3.2 Basic, Each Additional Increment HRRA1 ..
109.20.2.3.3 Overtime. First Increment HRR12 ..
109.20.2.3.4 Overtime, Each Additinallncremenl HRRA2 ..
109.20.2.3.5 Premium First Increment HRR13 ..
awest Local Services Platform ™ Agreement OLSp™ Rate Sheel-V1.2.3 04.11.08 15
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OocuSign Envelope 10: 3F29BOB6-9DC6-41A6-A8FB-88C4B29DB811
Qwest Local Services Platform™ (QLSpTM) Rate Page . Idaho
Januarv 4.2011 throuah Term".~\"xw~. i'.i IV' ,;V;I '.'"VX./.'KL,;/. 'W,;;,ç..;UI;..';.n,,,,'.xv x;..... p;'i.
109.20.2.3.6 Premium. Each Additional Increment ..
109.20.2.4 Date Chanoe T6DC -
~rdavadvanced H28 ..
EODDB ..
NoUSOC ICB
109.20,3 Non..esinn . South
109.20.3.1 Netwrk Premises Work Chame
109,20.3.1.1 All Hours 1st 15 minutes RHll ..
109.20,3.1.2 All Hours, next three 15 minutes HRHAI ..
109.20.3.1.3 All Hours, aa addt'l15 minutes HRDAI ..
109.20.4 Desioo . South
109.20.4.1 Maintenance of Seiviee
109.20.4.1.1 Basic
109.20.4.1.1.1 First Increment MVWXX ..
109.20.4.1.1.2 Each Addilionallncrement MVW1X ..
109.20.4.1.2 Overtime
109.20.4.1.2.1 First Increment VWOX ..
109.20.4.1.2.2 Each Additional Increment MVW2X ..
109.20.4.1.3.1 Premium
109.20.4.1.3.1 First Increment WNPX ..
109.20.4.1.3.2 Each Additional Incrment MVW3X ..
109.20.4.2 o tio alTest~bor109.20.4.2.1 d itonallncrement OTNBX ..
109.20.4.2.2 and Each Additional Increment OTNOX ..
109.20.4.2.3 Premium_ First and Each Additional Incrment OTNPX ..
109.20.4.3 Oisnatch Additional Oisnatch ~ No truble found T5DC ..
109.20.4.4 Disoatch for Maintenance of Servce. No Trouble Found T6DM ..
109.20.4.5 Network Premises Work Charne
109.20.4.5.1 Basic
109.20.2.5.1,1 First.lncrement HRHll ..
109.20.2,5.1.2 Each Additional Incrment HRHAI ..
109.20.4.5.2
B!2.1 First Increment RH12 ..
.2.2 Each Additional Incrment HRHA ..
109.20.4.5.3 Premium
109.20.2.S,3.1 First Increment HRH13 ..
109.20.2.5.3.2 Each Additional Increment HRHA3 ..
109.20.5 Desian and Non-oeslan - South
109.20.5.1 1r¡Chame . Premises Visit Charae NRTCY ..
109.20.5.2 Premises Work Chame
109.20.5.2.1 Basic
109.20.5.2.1.1 First Incrment HRDll ..
109.20.5.2.1.2 Each Additional Increment HRDAI ..
109.20.5.2.2 Overtime
109.20.5.2.2.1 First Increment HRD12 ..
109,20,5.2.2.2 Each Additional Incrment HRDA2 -c ..
109.20.5.2.3 Premium
109.20.5.2.3.1 First Increment HRD13 ..
109.20.5.2.3.2 Each Additional Incrment RDA3 ..
109.20.5.3 Date Channa T5DC ..
109.20.5.4 Oesian Chani:e 28 ..
109.20.5.5 Exnedita Chama. Per daY advance ODDB ..
109.20.5.6 Cancellation Chama NoUSOC ICB
109.23 QLSpTM Installation alid Conversion Nonrecurrlna Charnes INRCs
109.23.1 Conversion Nonrecurrinn Charnes
109.23.1.1 QLSpni Business Centrex PA and PBX Analoa non-DiD Trunks Residential
109.23.1.1.1 First Lilia (Mechanized URCCU $1.50
109.23.1.1.2 Each Additional Line Mechanized &$0.50
109.23.1.1.3 First LinelManual $15.00
109.23.1.1.4 Each Additional Line Manual $3.00
109.23.1.2 QLSpTI PBX 010 Trunks
109.23.1.2,1 First Trunk URCCD $28.84
109.23.1.2.2 Each- Additional $2.73
109.23.1.3 QLSP'" ISON BRI
109.23.1.3.1 First URCCU $30.55
109.23.1.3.2 Each Additional $2.73
109,23,2 Installation Nonrecurrinn Charnes
109.23.2.1 QLSP'" Bu~rex PAL and PBX Analo. non-DID Trunks Residential
109.23.2.1.1 NHCRA $50.00
109.23.2.1.2 Additional Line Mechanized NHCRC $18.00
109.23.2.1.3 First Line Manual)NHCRB $75.00
109.23.2.1.4 Each Additional Lina Manual NHCRD $20.00
Qwast Local Services Platform Tid Agreement QLSP'" Rate Sheet-Vl.2.3 04.11.08 16
OocuSign Envelope 10: 3F29BOB6-90C6-41A6-A8FB-88C4B290B811
.
109.23.2.2 QLSP'" Anala DID PBX Trunks
$27296109.23.2.3 QLSP'" ISDN-BRI
109.23,3 Qwast AlN Features
109.23.3.1 Idaho North See Applicable Qwest Retail
Tariff, Catalog or Price Ust less
Discunt (which wil be
provided pursuant 10 terms. and
conditions in CLEe's ICA).
See Applicable Qwest Retail
Tariff, Catalog or Price List less
Discount (which will be
provided pursuant to terms and
conditions in CLEe's ICA).
109.23.3.2 Idaho South
109.23.4 Qw.5t Voice Messa In Services
109.23.4.1 Idaho North
109.23.4.2 Idaho South
See Applicable Owest Retail
Tari, Catalog or Price List less
Discount (which will be
provided pursuant to terms and
conditions in CLEe's ICA).
See Applicable Qwest Retail
Tariff, Catalog or Price List less
Discount (which wil be
provided pursuant to terms and
conditions in CLEe's ICA).
112 o rational Su ort S stems
112.1 Develoments and Enhancements, r Local Service Re uest
112.2 On oin 0 eraUons, 8r Local Service Re uest
112.3 Dally Usage Records Ale, per Record
All charges and increments
equal the comparable charges
and increments provided in the
Qwest Wholesale PCAT..t Universal Service Order Codes (USOes) have been provided in an effort to ease Item description and usce association with charges. In the event USOCS are inaccurate or
are revised, Qwest reserves the right to correct the Rate Sheet. In the event of any significant change(s), notifcation will be provided via the standard notification process.
See Applicable Qwest Retail Tariff. Catalog or Price List for all charges and increments.
OLSpTM Business and Residential servicesuUlize the same Class of Service and line Universal Service Order codes (USOCs). OLSP ™ Residential services wil be billed at
the Analog Port rate and only those lines that specifically qualify for and are identified as serving a residential end-user customer by the presence of the LAWUR usce will
receive the Residential end user credit..
QLSpT.. service indudes nondiscriminaiory access to all vertical switch features that are loaded in Qwest's End Office Switch. See the peAT for all compatible and available
vertical switch features. Only vertical switch features with Non-Recurring. Recurring, or Per Occurrence charges are listed. Non-Recurring charges are applicable whenever a
feature is added - whether on new installation, conversion, or change order activity. Those vertical switch features not listed have a rate of $0 for Monthly Recurring, Non-
Recurring. or Per Occurrence charges.
Reserved for future use.
The Subsequent Order Charge Is applicable on a per order basis when changes are requeste to exting service, including changing a telephone number, initiating or
removing Suspension or Service. denying or restoring service, adding, removing, or changing feature. and other similar requests.
QLSP TN ISDN SRI and PBX are "Design". Remaining QLSP TI servces are "Non-Design". Al chrges and increments shall be the same as the comparable charges and
increments provided in Qwest Retail Tariff, Catalogs. or Price Lits and are subject to change based on changes in those underlying Qwsl Retail Tarts. Catalos, or Price
Lists. In the event a rate changes, notification wil be provided via the standard notifcation proces.
Where the service has been deemed to be a Telecommunications Service, the Discount wil be provided pursuant to CLEC's ICA. Where the service is not a
Telecommunications Service, the discount wil be 18%.
.
Qwest Local Services Platform TM Agreement QLSP TM Rale Sheel-V1.2.3 04.11.08 17