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Home My WebLink About20140326Amendment.pdfCENTURYL!NK 1600 7th Avenue, Room 'l 506 Seattle, Washington 98191 (206) 73&51 78 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law March 25,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 472 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 sI74Trrv Centurylink' Vio Overnight delivery Sincerely, n V,u.@[*('-"- Maura E. Peterson MEP/jga Enclosures Owz-T-041q Re: Centurylink Local Services Platform ((CLSP") Agreements Extension Amendments Dear Ms. Jewell: The attached matrix is an update to the information sent to you on January 9,2014. The additional CLSPs are highlighted. We are also enclosing copies of these extension Amendments for your information. Please contact me if you have any questions conceming the enclosed. Thank you. DocuSign Envelope lD: 6F44FCC0-5734-468A-A1 92-6C786306C00E EXTENSION AMENDMENT TO CENTURYLINKTM LOCAL SERVTCES PLATFORM ("CLSP""1 AGREEMENT This amendment ("Amendment"), by and between Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and lonex Gommunications North, lnc. dba Birch Communications ("GLEG"), amends the CenturyLinkrM Local Services Platform ("CLSp'"'; Agreement (formerly known as "Qwest Local Services PlatformrM ("QtSe'"'; Agreement") between the Parties. WHEREAS, this Agreement will govern those services formerly provided to Lightyear Network Solutions, LLC ("Lightyea/') by CenturyLink, to be hereafter purchased by lonex Communications North, lnc. dba Birch Communications ("Birch") under this Agreementon an interim basis in lightof Birch's acquisition of certain assets in the CenturyLink region from Lightyear, and thereafter, upon completion of migrations, under the Birch CLSP Agreements with CenturyLink; and WHEREAS, the Parties entered into a Qwest Local Services Platform ("QLSet"; Agreement (now referred to as a CenturyLinkrM Local Services Platform ("CLSett'; Agreement), (the "Agreement"); and WHEREAS, the terms "CenturyLink" and "CLSP' in this Amendment shall be used in place of, and interchangeably with, the terms "Qwest" and "QLSP", respectively, in the Agreement; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section 2 of the Asreement will be replaced in its entiretv as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aoreement will be replaced in its entiretv as follows: 3. Term. The term of this Agreement begins on the Effective Date and continues through December 31 ,2016. Upon expiration, this Agreement will continue on a month-to-month basis until it is terminated by either Party, with at least ninety (90) Days prior written notice, pursuant to Section 22 oI lhe Agreement, or replaced by a successor agreement. Altachment 2 - Service Description - of the Asreement is herebv amended as follows: Section 1 of Attachment 2 will have the following added: 1.6.7 Should CenturyLink cease offering a service to its End User Customers that is also available under this Agreement, upon thirty (30) Days prior written notice to CLEC, CenturyLink will also cease offering the service to CLEC. Section 3.2.4 of Attachment 2 is replaced with the following: 3.2.4 115o/o YOY Volume Growth PIan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or exceeds 110% of the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is equal to or greater than one thousand (1 ,000) CLSP lines, CLEC will qualify for a 30% discount off the Business Port MRCs and a 6% discount off the Residential Port MRCs applicable during the next calendar year. Section 7 of Attachment 2 will have the following changes: 7.O Gommercial Performance and Service Credits. 7.2 Removed in its entirety. 7.3 Removed in its entirety. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transpo(ation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. February 12,2114|mms-bw/lonex dba Birch/CLSP 2014 Extension Amendment to CLSPTM Agreement AZ-CDS-101021-0055; CO-CDS-101021-0056; !A-CDS-101021-0057; !D-CDS-l01021-0058; MN-CDS-101021-0059; MT-CDS-101021-0060; ND-CDS-10'1021-006'l;NE-CDS-101021-0062; NM-CDS-101021-0063; OR-CDS-101021-0064; UT-CDS-1 01 021-0065; WA-CDS-1 01 021 -0066; UVY-CDS-1 01 021-0ffi7 1. 2. Pagel of2 DocuSign Envelope lD: 6F44FCCG5734-468A-A1 92-6C786306C00E EXTENSION AMENDMENT TO GENTURYLINKril LOCAL SERVICES PLATFORM ("CLSP""I AGREEMENT The CenturyLink CLSP Rate Sheets are amended per the attached rate sheetkl. 1 . Section 1O9.23.2.1.1 of each CLSP rate Sheet will reflect a rate reduction from $50.00 to $25.00. 2. Section 109.11.2 of the CLSP Rate Page will be removed in its entirety - for Minnesota only. Further Amendments Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force and effect. The provisions of this Amendment, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures from the provisions of this Amendment may not be given without the written consent thereto by both of the Parties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or @venant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or @venant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Entire Aoreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter of the Agreement, as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. February 12,z014lrlms$vtllonex dba Birch/CLSP 2014 Extension Amendment to CLSPil Agreement AZ-CDS-101021-0055; GO-CDS-101021-0056; !A-CDS-10'1021-0057; ID-CDS-101021-0058; MN-CDS-101021-0059; MT-CDS-101021-0060; ND-CDS-101021-0061;NE-CDS-101021-0062', NM-CDS-101021-0063; OR€DS-101021-0064; UT-CDS-1 01 021 -0065; WA-CDS-1 01 021-0066; WY-CDS-1 01 021-0067 Title: Director - Wholesale Contracts 2/L3/20t4 lonex Communications North, Inc. dba Birch Title: Vice President of Ooerations 2/L3/20L4 Page 2 of 2 DocuSign Envelopo lD: 6F44FCC0-573u1-ut68ArA1 e2.6C786306C00E CenturyLinkil Local Services Platform (CLSPil) Rate Page - lZ,CO,IA, ID, MT, ND, NE, NM, OR, SD, UT, WA, WY January 1,2011 through Term Oocusign Envelop6 lD: 6F44FCC0.5734-468A-A1 02-6C786308C00E CenturyLinkil Local Services Platform (CLSP'il) Rate Page - Minnesota January 1,2014 through Term 'ffie t09.112 r09.1.2.1 \nalog Port N/' t09.1.2.2 \mlm Port. Residential end user credit .AWUR N,, t09.1.2.3 :fiec{ive CLSPil Residential Analog Port N/' tos 1.24 tal Port (Supportino BRI ISDN)N,, t09 125 ,BX OtD Pod I N/' t09.23.2 nstallatlon Nonrgcuring Charge3 t09.23.2.1 :LSPil Bu3lness, Centrcx. PAL and PBX Analoo non-IXO Trunk3. Re3ld.ntlal 109.23.2.'l..1 lFirst Line (Mechanized){HCRA $2s.0c