20110124Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
(""¡:ni-t,; L.". i -
20n JAPl 24 AM 9= 32
Maura E. Peterson
Paralegal
Regulatory Law Qwest$
Spirit of Service$
Via Overnight delivery
January 21,2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-04-30
Application for Approval of Amendment to the Interconnection Agreement
BullsEye Telecom, Inc.
Dear Ms. Jewell:
Enclosed for filing with this Commssion on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
,./" .,~~,p,.. . - .-'.""'-,~./-'
Sincertj, d~~ I" _..\.~:;9~--~
MauraE....~
mep
Enclosure
cc: Service list
Adam L. Sher (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sher~qwest.com
LOU JAN 24 AM 9= 32
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE-T-04-30
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files ths Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilities Commission on November 23, 2004 (the "Agreement"). The Amendment with Bullseye
Telecom, Inc. ("Bullseye") is submitted herewith.
This Amendment was reached through voluntar 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 Telecommuncations Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntar negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrer not a pary to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenence and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
Ths 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 Commssion. Expeditious approval of this Amendment wil enable BullsEye to
APPLICATION FOR APPROVAL OF AMENDMEN TO THE INERCONNCTION AGREEMENT - Page 1
BULLSEYE
QLSP Agreement
interconnect with Qwest facilties and to provide customers with increased choices among local
telecommunications serices.
Qwest fuher requests that the Commission approve this Amendment without a hearg.
Because this Amendment was reached though voluntar negotiations, it does not raise issues
requiring a hearng and does not concer other paries not a pary to the negotiations.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INERCONNCTION AGREEMENT - Page 2
BULLSEYE
QLSP Agreement
CERTIFICATE OF SERVICE
I hereby cerify that on this 21st day of Januar, 2011, I sered the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretar
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
ji ewell(fuc.state.id. us
~Hand Deliver
U. S. Mail
Overght Deliver
Facsimile
Email
David S. Bailey
Vice President-Corporate Development
BullsEye Telecom, Inc.
25925 Telegraph Road, Suite 210
Southfield, MI 48033
-.Hand Delivery
U. S. Mail
Overnight Deliver
Facsimile
Email.
-"~'"
V'z.
Maura Peterso
Paralegal, Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INERCONNCTION AGREEMEN - Page 3
BULLSEYE
QLSP Agreement
.
.
.
OocuSign Envelope ID: CF28CDBE-2A82-49EG-M35.262D22E2D141
r~ r..- F~p,~ l.it: j¡
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT 2~H JM~ 211 M1 9: 32
This Qwest Local Services Platfnn™ ("QLSpTM") Agreement, together with the Attachments harlJf~~~I)¡~'~ti~t;lC¡l
incorporated herein by reference ("Agreemenr) is betwen Qwest Corporation ("Qwest"), a ~4bidoë&fó",tróli; 'ãn'a
BullsEye Telecom, Inc. ("CLEC"), a Michigan corporation, (each identified for purposes of this Agreement in the signature
blocks below, and referred to separately as a "Part" or collectively as the "Parties"). The undersigned Parties have read and
agree to the tenns and conditions set forth in this Agreement.
Qwest Corporation:BullsEye Telecom, Inc.:
E620~1D26F4F7..~'1~1l ~
By: Doe"Slaned BY: wiin.m H. Oberlin
Name: Willam H. Oberlin
Title: CEO
Date: 12/23/2010
By:
Name:
Title:
Date:
E5EØC8BD545'''i:r::~Å_
L. T. Christensen
Director - Wholesale Contract
12/23/2010
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director - Interconnection Agreements
930 15th Street, 6th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagreeCëgwest.com
With CODY to:
Qwest Law Department
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectioni?gwest.com
CLEC:
David S. Bailey
Vice President - Corporate Development
BullsEye Telecom, Inc.
25925 Telegraph Road, Suite 210
Southfield, MI 48033
Phone: [phone]
Fax: [phone]
Email: dbaileyi?bullsevetelecm.com
APPLICABLE STATES:
Qwest agrees to offer and CLEC intends to purchase Service in
the states indicated belo 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 aftr this Agreement is executed.
-X Arizona
-X Colorado
-X Idaho
-X Iowa
-X Minnesota
-X Montana
-X Nebraska
-X New Mexico
-X North Dakota
-X Oregon
-X South Dakota
-X Utah
Washington 7.0 (wih Commercal Performance
Measures and Reporting, Perfonnance Targets and
Service Creits, as described in Section 7.0 of
Attachment 2 to this Agreement); or
-X Washington 8.0 (with Service Performance Measures
and Reporting and Perfrmance Assurance Plan
(PID/PAP) for Washington only, as described in Section8.0 of Attachment 2 to this Agreement).
-X Wyoming
November 5, 2010/mmslBullsEye Telecom, Inc.Qwst QLSpTM MSA - (v10-15-10) Page 1 of 11
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-1011 02-0120); (ID=CDS-101102-0121); (MN=CDS-101102-D122);
(MT=CDS-101102-D123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-D126); (OR=C05-101102-D127);
(SD=CD5-101102-D128); (UT=CDS-101102-D129); (WA=CDS-1011 02-D13O); (W=CD5-101102-D136)
ft. ..i .' ..... .~¥..-'lu1nUIl ei
¡,Envelope Number: CF28CDBE2A8249EOM35262D22E2D141
Subject: BullsEye Telecom - Owest OLSP 2011 Agreement - RE-ISSUED 12-22-10
Source Envelope:
Document Pages: 73
Certficate Pages: 3
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures: 2
Initials: 0
Status: Completed
Envelope Originator:
Mar Sullivan
1232 Main Stret
Seattle. WA 98275
mary.sullivn(gqwest.com
IPAddres:
Status: Original
11/12101012:05:23 PM PST
Holder: Mary Sullivan
mary.sullvan(gqwest.com
Location: OocuSign
Willam H. Oberlin
boberlin(gbullseyetelecom.com
Securi Level: Email, Acunt Authenticatin
(None)
Consumer Disclosure:
Not Ofered
10:
E620F31D25F4F7''':J
~ 11 IJ
DocuSlgned By Willam H. Oberlin
Using IP Address: 207.148.192.112
L T Christensen
Larr.Christensen(gqwest.com
Director - Wholesale Contracts
Owest Corporation
Security Level: Email, Account Authentication
(None)
Consumer Disclosure:
Not Offered
10:
(205E9FC6BD545"':J
./r~~
DocuSigned By: L T Christensen
Using IP Addres: 168.103.215.63
Sent: 1212212010 12:48:49 PM PT
Delivered: 1213120108:01:10 AM PT
Signed: 121312108:01:37 AM PT l----
Sent: 1213120108:01:42 AM PT
Delivered: 12123120108:08:10 AM PT
Signed: 1213/20108:09:14 AM PT
ei
David S. Bailey
dbailey(gbullseyetelecom.com
Security Level: Email, Accunt Authentication
(None)
Consumer Disclosure:
Not Offered
10:
COPIED
Interconecton Agreements
Intagree(gqwest.com
Wholesale Contract Management
Owst Corpration
Security Level: Email. Accunt Authentication
(None)
COPIED
Sent: 12122/201012:48:50 PM PT
Delivered: 12/221010 1:06:32 PM PT
Sent: 11/121010 12:12:26 PM PT
Delivered: 11/16/20106:42:50 AM PT
fi
e1
.QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
This Qwest Local Services Platform™ ("QLSpTM") Agreement, together with the Attachments hereto and Rate Sheets,
incorporated herein by reference ("Agreement") is between Qwest Corporation ("Qwest"), a Colorado corporation, and
BullsEye Telecom, Inc. ("CLEC"), a Michigan corporation, (each identified for purposes of this Agreement in the signature
blocks below, and referred to separately as a "Part" or collectively as the "Parties"). The undersigned Parties have read and
agree to the terms and conditions set forth in this Agreement.
Qwest Corporation:BullsEye Telecom, Inc.:
By:
Name: Willam H. Oberlin
Title: CEO
Date:
By:
. Name: L. T. Christensen
Title: Director - Wholesale Contracts
Date:
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest.Corporation:
Director - Interconnection Agreements
930 15th Street, 6th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intadreeOCgwest.com
With copy to:
Qwest Law Department
Wholesale Interconnection
1801 Califomia Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectionßùgwest.com
CLEC:
tiavid S. Bailey
. ce President - Corporate Development
ullsEye Telecom, Inc.
25925 Telegraph Road, Suite 210
Southfield, MI 48033
Phone: [phone]
Fax: [phone]
Email: dbailey(bullseyetelecom.com
APPLICABLE STATES:
Qwest agrees to offer and CLEC intends to purchase Service in
the states indicated below by CLEC's signatory initialing (or an
"X") on the applicable blanks. Note: If CLEC chooses to
indicate ~ashington, CLEC must select only one (1) of the
Washington Service offerings. CLEC may not change its
Washington selection after this Agreement is executed.
-- South Dakota
-- Utah
Washington 7.0 (with Commercial Performance
Measures and Reporting, Performance Targets and
Service Credits, as described in Section 7.0 of
Attachment 2 to this Agreement); or
-- Arizona
-- Colorado
-- Idaho
-- Iowa
-- Minnesota
-- Montana
-- Nebraska
-- New Mexico
-- North Dakota
-- Oregon
-- Washington 8.0 (with Service Performance Measures
and Reporting and Performance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Attchment 2 to this Agreement).
-- Wyoming
.November 5, 2010/mmslullsEye Telecom, Inc.QwestQLSPTM MSA-(v10-15-10) Page 1 of11
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDSc101102-0122);
(MT=CDS-101102-0123); (ND=CDS-1011 02-0124); (NE=CDS-1 011 02-0125); (NM=CDS-1 011 02-0126); (OR=CDS-1 011 02-0127);
(SD=CDS-1 011 02-0128); (UT=CDS-1 011 02-0129); (WA=CDS-1 011 02-0130); (W=CDS-1 011 02-0136)
WHEREAS, CLEC desires to purchase from Qwest certin combinations of Network Elements, ancilary functions, and additional
features, including without limitaion, the local Loop, Port, switching, and Shared Transport..
Now, therefore, in consideration of the tenns and conditions contained herein, CLEC and Qwest mutually agree as follows:
1. Definitions. Capitalized tenns used herein are defined in
Attachment 1.
2. Effctive Date. This Agreement is effectve upon the
later of (i) January 4, 2011 or (ii) the date that it is fully executed by all
of the Parties ("Effective Date").
2.1 CLEC's Qwest Platfonn Plus TM Master Servce Agreement,
if any, is tenninated immediately upon execution of this Agreement,
and Qwest will provide CLEC local platfonn services only pursuant to
the tenns and conditions of this Agreement. The effective biling date
for QLSP services will be the latest date of execution by the Parties.
3. Term. The tenn 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 servce at market-base
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 ("Service") 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 tenn of any documents that
govern the provision of Services hereunder, the following order of
precedence will apply in descending order of control: an Attachment,
Rate Sheet, this Agreement, and any effective Order Fonn hereunder.
The Partes agree that the Services offered and purchased under this
Agreement are subject to compliance with Applicable Law and
obtaining any domestic or foreign approvals and authorizations
required or'advisable.
4.3 The provisions in this Agreement are intended to be in
compliance with and based on the existing state of Applicable Law,
including but not limited to Federal rules, regulations, and laws, as of
the Effectve Date ("Existing Rules"). Nothing in this Agreement shall
be deemed an admission by Qwest or CLEC concerning 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 Part's
abilty to pertonn or obtain a benefit under this Agreement, both Parties
agree to negotiate in good faith such changes as may be necesary to
address such material impainnent.
4.5 To receive services under this Agreement, CLEC must be a
certified CLEC under Applicable Law. CLEC may not purchase or
utilze Services covered under this Agreement for its own
administrative use or for the use by an Affliate.
4.6 Except as otherwse provided in this Agreement, the Parties
agree that Services provided under this Agreement are not subject to
the Qwest Wholesale Change Management Process ("CMP"), Qwests
Perfnnance Indicators ("PID"), Perfonnance Assurance Plan ("PAP"),
or any other wholesale service quality standards, or liquidated
damages and remedies. Except as otherwse provided, CLEC hereby
waives any rights it may have under the PID, PAP and all other
wholesale servce quality standards to liquidated damages, and
remedies with respect to Services provided pursuant to this
Agreement. Any CLEC-proposed changes to the attributes of any
Service or process enhancements will be communicated through the
standard accunt interfaces. Change requests common to shared
systems and processes subject to CMP will continue to be addressed
via the CMP proceures.
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 hannless 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 feder
state, or local sales, use, excise, gross receipts, transaction or similar
taxes, fees or surcharges ("Tax" or "Taxes"). Taxes resulting from the
perfonnance 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 specifically pennitted by
Applicable Law to collect such Taxes from 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 accrdance with
Applicable Law. The Part biling such Taxes shall, at the written
request of the Part being biled, provide the biled Part with detailed
infonnation regarding biled Taxes, including the applicable Tax
jurisdiction, rate, and base upon which the Tax is applied. If either
Part (the Contesting Part) contests the application of any Tax
collected by the other Part (the Collecting Part), the Collecting Part
shall reasonably cooperate in good faith with the Contesting Part's
challenge, provided that the Contesting Part pays all reasonable cots
incurred by the Collecting Part. The Contesting Part is entitled to the
benefi of any refund or recovery resulting from the contest, provided
that the Contesting Part has paid the Tax contested. If the
purchasing Part provides the sellng Part' with a resale or other
exemption certificate, the sellng Part shall exempt the purchasing
Part if the sellng Part accpts the certificate in good faith. If a Part
becomes aware that any Tax is incorrectly or erroneously collected by
that Part from the other Part or paid by the other Part to that Part,
the Part that, received such Tax shall refund the incorrectly or
erroneously collected Tax or paid Tax to the other Part.
6.3 Each Part is solely responsible for any tax on its corporate
existence, status or income and each Part shall be solely responsible
for all taxes on its own business, the measure of which is its own net
income or net worth and shall be responsible for any related tax filin~
payment, protest, audit and litigation. Each Part shall be soi..
November 5, 2010/mms/BullsEye Telecom, Inc.
Qwest QLSpTM MSA - (v10-15-10)
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-101102-0130); (W=CDS-101102-0136)
Page 2 of 11
4iesponsible ,for the biling, collection and proper remittnce of all
plicable Taxes relating to its own services provided to its own
stomers.
7. Intellectual Propert.
7.1 Except for a license to use any facilties or equipment
(including softre) solely for the purposes of this Agreement or to
receive Service solely as provided in this Agreement or as specifically
required by the then-applicable federal rules and regulations relating to
Services provided under this Agreement, nothing contained in this
Agreement shall be construed as the grant of a license, either express
or implied, with respect to any patent, copyright, trade name,
trademark, service mark, trde secret, or other proprietary interest or
intellectual propert, now or hereafter owned, controlled or licensable
by either Part. Neither Part may use any patent, copyright, trade
name, trademark, service mark, trade secret, nor other proprietary
interest or intellectual propert, now or hereafter owned, controlled or
licensable by either Part without execution of a separate written
agreement between the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each Part (an Indemnifying Part) shall indemnify and
hold the other Part (an Indemnified Part) harmless from and against
any loss, cost, expense or liabilty arising out of a claim that the
services provided by the Indemnifying Part provided or used pursuant
to the terms of this Agreement misappropriate or otherwse violate the
intellectual propert rights of any third part. The obligation for
indemnification recited in this paragraph shall not extend to
infrngement which results from:
.A. any combination of the facilities or services of the
Indemnifying Part with facilties or services of any other Person
(including the Indemnified Part but excluding the IndemnifyngPart 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 Owest 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 Indemnifying Part.
7.3 In the event of any claim, the Indemnifyng Part may, at its
sole option, obtain the right for the Indemnified Part to continue to use
any infrnging facilty or, service or replace or modify any infringing
facilty or service to make such facility or service non-infringing.
7.4 If the Indemnifying Part is not reasonably able to obtain the
right for continued use or to replace or modify the facility or service as
provided above and either the facilty or service is held to be infringing
by a court of competent jurisdiction or the Indemnifying Part
reasonably believes that the facilty or service will be held to infringe,
the Indemnifying Part will notify the Indemnified Part and the Parties
will negotiate in good faith regarding reasonable modifications to this
Agreement necessary to mitigate damage or comply with an injunction
which may result from such infringement or allow cessation of furter
infrngement.
7.5 The Indemnifying Part may request that the Indemnified
Part take steps to mitigate damages resulting from the infrngement or
alleged infringement including, but not limited to, accepting
modifications to the facilities or services, and such request shll not be
unreasonably denied.
7.6 To the extent required under Applicable Law, Owest shall
use commercially reasonable effort to obtain, from its vendors who
have licensed intellectual propert rights to Owest in connecton with
Services provided hereunder, licenses under such intellectual propert
rights as necessary for CLEe to use such Service as contemplated
hereunder and at least in the same manner used by Owest for the
Services provided hereunder. Owest shall notify CLEC immediately in
the event that Owest believes it has used its commercially reasonable
effort to' obtain such rights, but has been unsucssful in obtaining
such rights. Nothing in this subsection shall be constred in any way
to condition, limit, or alter a Part's indemnification 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 business association or
any similar arrangement with the other or its Affliates; the other Part
and its Affliates are in any way sponsoring, endorsing or certfying it
and its goods and servces; or with respect to its marketing, advertsing
or promotional activities or materials, state or imply that the services
are in any way associated with or originated 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 Owest customers or that they may obtain Owest service from CLEC
or (b) that CLEC has or the end-user will have any relationship with
Owest. Without limiting the foregoing, CLEC must not use a name,
trademark, service mark, copyright or any other intellectual propert
owned by Owest or its Affliates, except that CLEC may communicate
that Owest is one of the underlying carriers from which CLEC
purchases services if CLEC has obtained the prior wrtten consent of
the Owest Law Departent. This is a non-exclusive agreement.
Nothing in this Agreement prevents Owest from offering to sell or
sellng any services to other parties.
7.8 Nothing in this Secion prevents either Part from truthfully
descrbing the Services it uses to provide service to its End User
Customers, provided it does not represent the Services as originating
from the other Part or its Affliates or otherwse attempt to sell its End
User Customers using the name of the other Part or its Affliates.
Owests name and the names of its affliates are proprietary and
nothing in this Agreement constiutes a license authorizing their use,
and in no event will CLEC, including its employees, representatives
and agents, attempt to sell any Services to its end-users using the
name, brand or identity of Owest or Owests Affliates in any way.
7.9 Because a breach of the material provisions of this Section 7
may cause irreparable harm for which monetary damages may be
inadeuate, in addition to other available remedies, the non-breaching
Part may seek injunctve relief.
8. Financial Responsibilty. Payment and Security.
8.1 Payment Obligation. 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, Owest may invoke all available rights and
remedies..November 5, 2010/mmslBullsEye Telecom, Inc.Owest OLSpTM MSA - (v10-15-10) Page 3 of 11
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-1 011 02-0123); (ND=CDS-1 011 02-0124); (NE=CDS-1 011 02-0125); (NM=CDS-1 011 02-0126); (OR=CDS-1 011 02-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-101102-Q130); (W=CDS-101102-0136)
8.2 Cessation of Order Processing. Qwest may discontinue
processing orders for Services for any breach by CLEC of this
Agreement, induding without limitation, the failure of CLEC to make full
payment for Services, less any good faith disputed amount as provided
for in this Agreement, within thirt (30) Days following the Payment
Due Date; provided that Qwest has first notified CLEC in writing at
least ten (10) business days prior to discontinuing the processing of
orders for Services. If Qwest does not refuse to accept additional
orders for Service on the date specified in the ten (10) business days
notice, and CLEC's non-compliance continues, nothing contained
hereiri shall preclude Qwests right to refuse to accpt additional orders
for Services from CLEC without further notice. For order processing to
resume, CLEC will be required to cure any breach and make full
payment of all past-due charges for Services not disputed in good faith
under this Agreement, and Qwest may require a deposit (or recalculate
the deposit) pursuant to Section 8.5. In addition to other remedies that
may be available at law or equity, Qwst reserves the right to seek
equitable relief including injunctive relief and specfic perfnnance.
8.3 Disconnection. Qwest may disconnect any Services
provided onder 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 sixt (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 will pay the applicable charge set forth in the Rate Sheet
required to reconnect Services for each End User Customer
disconnected pursuant to this Section 8.3. In case of such
disconnection, all applicable undisputed charges, including tennination
charges, will become due and payable. If Qwst does not disconnect
CLEC's Service on the date specified in the ten (10) business days
notice, and CLEC's noncompliance continues, nothing contained
herein shall preclude Qwests right to disconnect any or all Services.
For reconnection of the Service to occur, CLEC will be required to
make full payment of all past and current undisputed charges under
this Agreement for Services and Qwest may require a deposit (or
recalculate the deposit) pursuant to Section 8.5. In addition to other
remedies that may be available at law or equity, Qwest reserves the
right to seek equitable relief, induding injunctive relief and specific
performance. Notwthstanding the foregoing, Qwest will not effect a
disconnection pursuant to this Section 8.3 in such manner that CLEC
may not reasonably comply with Applicable Law conceming End User
Customer disconnection and notification, provided that, the foregoing is
subject to CLEC's reasonable dilgence in effecting such compliance.
8.4 Biling Disputes. Should CLEC dispute, in good faith, and
withhold payment on any porton of the charges under this Agreement,
CLEC will notify Qwest in writing within fifteen (15) Days following the
Payment Due Date identifying the amount, reason and rationale of
such dispute. At a minimum, CLEC will pay all undisputed amounts
due to Qwest. Both CLEC and Qwest agree to expedite the
investigation of any disputed amounts, promptly provide reasonably
requested documentation regarding the amount disputed, and work in
good faith in an effort to resolve and sette the dispute through infonnal
means prior to invoking any other rights or remedies.
the disputed charges and any late payment charges that hav.,
been assessed no later than the secnd Bill Date after t
resolution of the dispute.
B. If CLEC pays the disputed charges and the dispute is
resolved in favor of Qwest, no furter action is required. If CLEC
pays the charges disputed at the time of payment or at any time
thereafter, and the dispute is resolved in favor of the CLEC,
Qwest will adjust the Billng, usually within tw Billng cycles after
the resolution of the dispute, as follows: Qwest will credit the
CLEC's bil for the disputed amount and any associated interest;
or if the disputed amount is greater than the bill to be credited,
pay the remaining amount to CLEC.
C. The interest calculated on the disputed amounts will be the
same rate as late payment charges. In no event, however, will
any late payment charges be assessed on any previously
assessed late payment charges.
D. If CLEC fails to dispute a rate or charge within 60 Days
following the invoice date on which the rate or charge appeared,
adjustment will be made on a going-forwrd basis only, beginning
with the date of the dispute.
8.5 Security Deposits. In the event of a material adverse
change in CLEC's financial condition subsequent to the Effecive Date
of this Agreement, Qwest may request a security deposit. A "material
adverse change in financial condition" means CLEC is a new CLEC
with no established credit history, or is a CLEC that has not
established satisfactory credit with Qwest, or the Part is repeatedly
delinquent in making its payments, or is being reconnected after a
disconnecion of Servce or discontinuance of the processing of orders
by Qwest due to a previous failure to pay undisputed charges in a
timely manner or due to the failure by CLEC to cure a breach of th.
Agreement in a timely manner. Qwest may require a deposit to
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 total monthly
charges for a tw (2) month period based upon recent Biling. The
deposit may be an irrevocable bank letter of credit, a letter of credit
with tenns and conditions acceptable to Qwest, or some otherfonn of
mutually accptable security such as a cash deposit. The deposit may
be adjusted by CLEC's actual monthly average charges, payment
history under this Agreement, or other relevant factors, but in no event
will the security deposit exceed five milion dollars ($5,000,000.00).
Required deposits are due and payable within thirt (30) Days after
demand and non-payment is subject to the tenns 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
required by law, provided that, for elimination of doubt, the Partes
agree that such deposits are not subject to state laws or regulations
relating to consumer or End User Customer cash deposits. Cash
deposits and accrued interest, if applicable, will be credited to CLEC's
accunt or refunded, as appropriate, upon the earlier of the expiration
of the term of this Agreement or the establishment of satisfactory credit
with Qwest, which will generally be one full year of consecutive timely
payments of undisputed amounts in full by CLEC. Upon a material
change in financial standing, CLEC may request, and Qwest will
consider, a recalculation of the deposit. The fact that a deposit has
been made does not relieve CLEC from any requirements of thisAgreement. .
A. If CLEC disputes charges and does not pay such charges by
the Payment Due Date, such charges may be subject to late
payment charges. If the disputed charges have been withheld
and the dispute is resolved in favor of Qwest, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing 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
November 5, 2010/mms/BullsEye Telecom, Inc.
Qwest QLSpTM MSA - (v1 0-15-1 0)
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-1011 02-0130); (W=CDS-101102-0136)
Page4of11
.7 Late Payment Charge. If any porton of the payment is
, eived by Owest after the Payment Due Date, or if any portion of the
yment is recived by Qwest in funds that are not immediately
available, then a late payment charge will be due to Qwest. The late
payment charge is the portion of the payment not receive by the
Payment Due Date multiplied by a late factor. The late factor is the
lesser of (i) the highest interest rate (in decimal value) which may be
levied by law for comercial 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 Owest or (ii) 0.000407
per Day, compounded daily for the number of Days from the Payment
Due Date to and including the date that the CLEC actually makes the
payment to Owest.
8.8 CLEC must not remit payment for the Service with funds
obtained through the American Recovery and Reinvestrent Act (or
ARRA) or other similar stimulus grants or loans that would obligate
Qwst to provide certain information or perform certin functons
unless those functions and obligations are specifically agreed to by the
partes in this Agreement or in an amendment to this Agreement.
9. Conversions. If CLEC is obtaining services from
Qwest under an arrangement or agreement that includes the
application of termination liabilty assessment (TLA) or minimum period
charges, and if CLEC wishes to convert such services to a Servce
under this Agreement, the conversion of such services will not be
delayed due to the applicabilty of TLA or minimum period charges.
The applicabilty of such charges is governed by the terms of the
original agreement, Tariff or arrngement. Nothing herein will be
construed as expanding the rights otherwse granted by this
Agreement or by law to elect to make such conversions.
10. Customer Contacts. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' servce
.eds, including without limitation, sales, service design, order taking,
ovisioning, change orders, training, maintenance, trouble reports,
repair, post-sale servicing, Billng, collection and inquiry. CLEC will
inform its End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contacting Qwest will be
instructed to contact CLEC, and Owests End User Customers
contacting CLEC will be instructed to contact Qwest. In responding to
calls, neither Part will make disparaging remarks about the other
Part. To the extent the correct provider can be determined,
misdirected calls received by either Part will be referred to the proper
provider of Local Exchange Service; however, nothing in this
Agreeent shall be deemed to prohibit Owest or CLEC from
discussing its products and services with CLEC's or Qwests End User
Customers who call the other Part.
10.1 In the event Qwest terminates Service to CLEC for any
reason, CLECwill provide any and all necessary notice to its End User
Customers of the termination. In no case will Owest 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 terminate 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 accpt orders from
CLEC for Services in accrdance with Section 8.2 above. The
remedies available to each Part pursuant to this Agreement are not to
be considered exclusive of one another and will be cumulative.
12.1 CLEC's exclusive remeies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwse limited by this Agreement to outage credits or other
service credits, in which case Qwsts total liabilty will not exceed the
aggregte amount of any applicable credits due.
12.2 Except for indemnification and payment obligations under
this Agreement, neither Part shall be liable to the other for indirect,
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, lost revenues, lost
savings suffered by the other Part regardless of the form of action,
whether in contract, warranty, strict liabilty, tort, including, without
limitation, negligence of any kind and regardless of whether the Parties
know the possibilty that such damages could result.
12.3 Nothing contained in this Secon shall limit either Parts
liability to the other for willful misconduct, provided that, a Parts
liabilty to the other Part pursuant to the foregoing exclusion, other
than direct damages, will be limited to a total cap equal to one hundred
per cent (100%) of the annualized run rate of totl amounts charged by
Owest to CLEC under this Agreement.
13. Indemnity.
13. 1 The Parties agree that unless otherwse specifically set forth
in this Agreement, the following constitute the sole indemnification
obligations between and among the Partes:
A. Each Part (the Indemnifying Part) agrees to release,
indemnify, defend and hold harmless the other Part and each 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 attorneys' fees), whether suffered, made,
instituted, or asserted by any Persn 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 from the Indemnifying Part's
breach of or failure to perfrm under this Agreement,regardless
of the form of action, whether in contract, warranty, strct 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 connecion 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 Indemnified Part) against any and all such
claims or loss by the Indemnifying Part's End User Customers
regardless of whether the underlying Service was provided or was
provisioned by the Indemnified Part, unless the loss was caused
by the gross negligence or willful misconduct of the Indemnified
Part. The obligation to indemnify with respect to claims of the
Indemnifying Part's End User Customers shall not extend to any
claims for physical bodily injury or death of any Person or
persons, or for loss, damage to, or destructon of tangible
propert, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the
employees, contractors, agents, or other representatives of the
Indemnified Part.
13.2 The indemnification provided herein is conditioned upon the
following:.2. Limitation of Liabilty.
November 5, 2010/mms/BullsEye Telecm, Inc.
Qwest QLspm MSA - (v10-15-10)
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-Q127);
(SD=CDS-101102-Q128); (UT=CDS-101102-0129); (WA=CDS-101102-0130); (W=CDS-101102-0136)
Page 5 of 11
A. The Indemnified Part will promptly notify the Indemnifyng
Part of any action taken against the Indemnified Part relating to
the indemnification. Failure to so notify the Indemnifying Part will
not relieve the Indemnifying Part of any liabilty that the
Indemnifying Part might have, except to the extent that such
failure prejudices the Indemnifying Part's abilty to defend such
claim.
B. If the Indemnifying Part wishes to defend against such
action, it will give written notice to the Indemnified 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 selecton of legal counsel, and the Indemnified Part
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifying Part does not
accept the defense of the action, the Indemnified Part has the
right to employ counsel for such defense at the expense of the
Indemnifying Part. Each Part agrees to cooperate with the
other Part in the defense of any such action and the relevant
records of each Part will be available to .the other Part with
respect to any such defense.
C. In no event will the Indemnifying Part sette 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
liabilty in excess of such refused compromise or settement.
14. Limited Warranties.
14.1 Each Part will provide suitably qualified persnnel to perfrm its
obligations under this Agreement and provide all Services hereunder in
a good and workmanlike manner and in material conformance with all
Applicable Laws and regulations.
14.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
QWEST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED
HEREUNDER. QWEST SPECIFICALLY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
15. Relationship. Except to the limited extent expressly
provided in this Agreement, neither Part has the authority to bind the
other by contract or otherwse or make any representations or
guarantees on behalf of the other or otherwse act on the othets
behalf. The relationship arising from this Agreement does not
constiute an agency, joint venture, partership, employee relationship
or franchise. Qwest is acting as an independent contractor and will
have exclusive control of the manner and means of performing its
obligations. Notwthstanding anything herein to the contrry, Qwest
reserves the right, in its sole discretion, to modify or change the name
of the Service.
16.Assiqnment.
and approval by. Qwest of CLEC's proposed assignee, CLEC m.
assign this Agreement without prior wrtten consent of Qwest to a
Affliate, succor through merer, or acquirer of substantially all of i
assets; and Qwest may assign this Agreement without prior written
consent to any Affliate, succssor through merger, or acquirer of
substantially all of its business assets; provided that in all cases the
assignee of CLEC or Qwst, as applicable, acknowledge in writing its
assumption of the obligations of the assignor hereunder. Any
attempted assignment in violation hereof is of no force or effect and is
void. Without limiting the generality of the foregoing, this Agreement
will be binding as to the Partes' respectve 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 performs all of Qwests responsibilties and obligations under this
Agreement for a period of ninety (90) Days from the efective date of
such trnsfer or until such later time as the FCC may direct pursuant to
the FCC's then applicable statutory authority to impose such
responsibilties either as a condition of the transfer or under such other
state statutory authority as may give it such power. In the event of
such a proposed trnsfer, Qwt will use its best efforts to facilitate
discussions between CLEC and the transferee with respect to the
transferee's assumption of Qvests obligations after the transition
perid set fort above in accordance 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 required by that Part.
18. Survival. The expiration or termination of this Agreem.
does not relieve either Part of those obligations that by their nature
are intended to survive.
19.Confidentialitv Nondisclosure.
19.1 Neither Part will, without the prior written consent of the
other Part (a) issue any public announcement regarding, or make any
other disclosure of the terms of, this Agreement or use the name or
marks of the other Part or its Affliates; or (b) disclose or use (except
as expressly permitted by, or required to achieve the purposes of, this
Agreement) the Confidential Information of the other Part. Consent
may only be given on behalf of a Part by its Legal Department.
However, a Part may disclose Confidential Information if required to
do so by a 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 wrtten notice and the receiving Part will
cooperate with the disclosing Part to seek or take appropriate
protective measures and will make such disclosure in a manner to best
protect the Confidential Information from further disclosure.
Notwthstanding the foregoing, if reporting or filing obligations or
requirements are imposed upon 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 section. Each Part
will use reasonable effrt to protect the othets Confidential
Information, and will use at least the same effort to protect such
Confidential Information as the Part would use to protect its own.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior wrtten 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)
November 5, 2010/mmslBullsEye Telecom, Inc.
Qwest QLSpTM MSA - (v10-15-10) . Page 6 of 11
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-1011 02-0130); (W=CDS-101102-0136)
.
21. Regulatory Approval. Each Part reserves its rights with
respect to whether this Agreement is subject to Sections 251 and 252
of the Act. In the event the FCC, a state commission or any other
governmental authority or agency reject or modifies any material
provision in this Agreement, whether by direct action or by virtue of
generic proceedings, including without limitation, any pricing terms,
either Part may immediately upon wrtten notice to the other Part
terinate this Agreement in whole or in part, including without
limitation, with respect to Service in any state. In the event a Part
exercises its right to terminate pursuant to this Section 21, the other
Part agrees 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
~thin five (5) business days of such notice. If a Part is required by a
WwfUI, binding order to file this Agreement or a provision thereof withNovember 5, 2010/mmsIBullsEye Telecm, Inc.
Qwest QLSpTM MSA - (v10-15-10)
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-1.01102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-101102-0130); (W=CDS-101102-0136)
19.2 All Confidential Information will remain the propert of the
_~c1osing Part. A Part who receives Confidential Information via an
~I communication may request wrtten confirmation that the material
is Confidential Information. A Part who delivers Confidential
Information via an oral communication may request wrtten
confirmation that the Part receiving the information understands that
the material is Confidential Information. Each Part has the right to
correct an inadvertent failure to identify informatin as Confidential
Information by giving wrtten notification within thirt (30) Days after the
information is disclosed. The receiving Part will from that time
forwrd, treat such information as Confidential Information.
19.3 Upon request by the disclosing Part, the receiving Part will
return all tangible copies of Confidential Information, whether wrtten,
graphic or otherwse, except that the receiving Part may retain one
copy for archival purposes.
19.4 Each Part will keep all of the other Part's Confidential
Information confidential and will disclose it on a need to know basis
only. Each Part will use the other Part's Confidential Information
only in connecton with this Agreement and in accrdance with
Applicable Law. Neither Part will use the other Part's Confidential
Information for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in wrting. If
either Part loses, or makes an unauthorized disclosure of, the other
Part's Confidential Information, it will notify such other Part
immediately and use reasonable efforts to retreve the information.
19.5 Effecive Date of this Section. Notwthstanding any other
provision of this Agreement, the Confidential Information provisions of
this Agreement apply to all information furnished by either Part to the
other in furterance of the purpose of this Agreement, even if furnished
before the Effective Date.
..6 Each Part agrees that the disclosing Part could be
eparably injured by a breach of the confidentiality obligations of this
Agreement by the receiving Part or its representatives and that the
disclosing Part is entitled to seek equitable relief, including injunctive
relief and specific performance in the event of any breach of the
confidentiality provisions of this Agreement. Such remedies are not
the exclusive remedies for a breach of the confdentiality provisions of
this Agreement, but are in addition to all other remedies available at
law or in equity.
19.7 Nothing herein should be construed as limiting either Part's
rights with respect to its own Confidential Information or its obligations
with respect to the other Part's Confidential Information under Section
222 of the Act.
20. Waiver. Except as otherwse provided herein, neither
Part's 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 FCC or state regulatory authorities for approval or regulatory
review, the filing Part shall provide wrtten notice to the other Part of
the existence of such lawful, binding order so that the other Part may
seek an injunction or other relief from such order. In addition, the filing
Part agrees to reasonably cooperate to amend and make
modifications to this Agreement to allow the filing of this Agreement or
the specific part of this Agreement affected by the order to the extent
reasonably necessary.
22. Notices. Any notices required by or conceming this
Agreement will be in wrting and will be suffciently given if delivered
personally, delivered by prepaid overight express service, sent by
facsimile with electronic confirmation, or sent by certified mail, retum
receipt requested, or by email where specified in this Agreement to
Qwest and CLEC at the addresses shown on the cover sheet of this
Agreement. Notwthstanding anyting herein to the contrary, Qwest
may provide notice via email or by posting to Qwests website without
duplicate wrtten notification for: (v) marketing notices; (w) notices
provided under Section 8; (x) rate change notice; or (y) notices
regarding changes in maintenance windows.
23. Force Majeure. Neither Part shall be liable for any delay
or failure in performance of any part of this Agreement from any cause
beyond its control and without its fault or negligence including, without
limitation, act of nature, acts of civil or military authority, government
regulations, embargoes, epidemics, terrorist act, riots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, power blackouts, volcanic acton, other major
environmental disturbance, or unusually severe weather coditions
(each, a Force Majeure Event). Inabilty to secre products or services
of other Persons or transporttion facilties or acts or omissions of
transporttion carriers shall be considered Force Majeure Events to
the extent any delay or failure in performance caused by these
circumstances is beyond the Parts control and without that Part's
fault or negligence. The Part affected by a Force Majeure Event shall
give prompt notice to the other Part, shall be excused from
performance of its obligations hereunder on a day to day basis to the
extent those obligations are prevented by the Force Majeure Event,
and shall use reasonable effort to remove or mitigate the Force
Majeure Event. In the event of a labor dispute or 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, governs all matters arising out of, or relating
to, this Agreement.
25. Dispute Resolution.
25.1 The Parties will attempt in good faith to resolve through
negotiation any dispute, claim or controversy arising out of, or relating
to, this Agreement. Either Part may give written notice to the other
Part of any dispute not resolved in the normal course of business.
Each Part will, within seven (7) Days after delivery of the written
notice of dispute, designate a vicepresident level employee or a
representative with authority to make commitments to review, meet,
and negotiate, in good faith, to resolve the dispute. The Partes intend
that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, frequency, duration, and
conclusions of these discussions will be at the discretion of the
representatives. By mutual agreement, the representatives may use
other proceures to assist in these negotiations. The discussions and
correspondence among the representatives for the purposes of these
negotiations will be treated as Confidential Information developed for
purposes of settlement, and will be exempt from discovery and
production, and are not admissible in any subsequent proceedings
without the concurrence of both Partes.
25.2 If the designated representatives have not reached a
Page70f11
29.2 Commercial General Liabilty insurance covering claims for
bodily injury, death, personal injury or propert damage, including
coverage for independent contractor's protecton (required if any work
will be subcontracted), product and/or completed operations and
contractual liabilty with respect to the liabilty assumed by each Part
hereunder. The limits of insurance shall not be less than $1,000,000
each occurrence and $2,000,000 general aggregate limit.
November 5, 2010/mmslBullsEye Telecom, Inc.
Qwest QLSpTM MSA - (v10-15-10)
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-1011 02-0130); (W=CDS-101102-0136)
resolution of the dispute within fifteen (15) Days after the written notice
(or such longer period as agreed to in wrting by the Parties), then
either Part may commence a civil action. Any acton will be brought in
the United States Distnct Court for the Distnct of Colorado if it has
subject matter junsdiction over the action, and shall otherwse be
brought in the Denver Distnct Court for the State of Colorado. The
Partes agree that such courts have personal junsdiction over them.
25.3 Waiver of Jury Tnal and Class Action. Each Part, to the
extent permitted by law, knowingly, voluntarily, and intentionally waives
its right to a tnal by jury and any nght to pursue any claim or action
ansing 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 acton, ansing
out of, or relating to this Agreement, may be brought by either Part
more than tw (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.
27. Authorization. Each Part represents and warrants that:
A. the full legal name of the legal entity intended to provide and
receive the benefits and Services under this Agreement is
accurately set forth herein;
B. the person signing this Agreement has been duly authonzed
to execute this Agreement on that Parts behalf;
C. the execution hereof is not in conflict with law, the terms of
any charter, bylaw. articles of association, or any agreement to
which such Part is bound or affected; and
D. each Part may act in reliance upon any instruction,
instrment, or signature reasonably believed by it to be authorized
and genuine.
28. Third Party 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, carr and maintain the
insurance coverage listed below with insurers having a "Best's" rating
of B+XIII with respect to liabilty arising from its operations for which
that Part has assumed legal responsibilty in this Agreement. If a
Part or its parent company has assets equal to or exceeding
$10,000,000,000, that Part may utilize an Affliate captive insurance
company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Part is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Secton, to the extent its affliated Part
fails to meet such obligations.
29.1 Workers' Compensation with státuory limits as required in
the state of operation and Employers' Liabilty insurance with limits of
not less than $100,000 each accdent.
29.3 "All Risk" Propert coverage on a full replacement cost bas.'
insunng all of such Parts personal propert situated on or within t
Premises.
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 request. Such certificates shall:
A. name the other Part as an additional insured under
commercial general liabilty coverage;
B. indicate that coverage is pnmary and not excess of, or
contnbutory 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 Act of
1994. Each Part represents and warrants that any equipment,
facilties or Services provided to the other Part under this Agreement
comply with the CALEA. Each Part will indemnify and hold the other
Part harmless from any and all penalties imposed upon the other
Part for such noncompliance and will at the non-compliant Parts
sole cost and expense, modify or replace any equipment, facilties or
Services provided to the other Part under this Agreement to ensure
that such equipment. facilities and Services fully comply with CALEA.
31. Entire Agreement. This Agreement (including all
Attchents, Rate Sheets, and other documents referred to herein)
constitues the full and entire understanding and agreement between
the Partes with regard to the subject of this Agreement and
supersedes any pnor understandings, agreements, or representations
by or between the Parties, written or oral, including but not limited to,
any term sheet or memorandum of understanding entered into by the
Parties, to the extent they relate in any way to the subjects of tI
Agreement. Notwthstanding the foregoing, certain elements used ,.
combination with the Service provided under this Agreement are
provided by Qwest to CLEC under the terms and conditions of its
interconnection agreement, and nothing contained herein is intended
by the Parties to amend, alter, or otherwse modify those terms and
conditions.
32. Proof of Authorization.
32.1 Each Part shall be responsible for obtaining and
maintaining Proof of Authorization (POA), as required by applicable
federal and state law, as amended from time to time.
32.2 Each Part will make POAs available to the other Part upon
request. In the event of an allegation of an unauthorized change or
unauthorized service in accrdance with Applicable Law, the Part
charged with the alleged infraction shall be responsible for resolving
such claim, and it shall indemnify and hold harmless the other Part for
any losses, damages, penalties, or other claims in connection with the
alleged unauthorized change or service.
33.General Terms.
33.1 Qwest will provide general repair and maintenance service
on its facilties, including those facilties supportng Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Qwst.
33.2 In order to maintain and modemize the netwrk properly,
Qwest may make necessary modifications and changes to its netwrk
on an as needed basis. Such changes may result in minor changes.
transmission parameters. Netwrk maintenance and modemizati
Page 8 of 11
lltiVitieS will result in transmission parameters that are within
nsmission limits of the Service ordered by CLEC. Qwest will provide
vance notice of changes that affect netwrk Interoperabilty pursuant
to applicable FCC rules.
1. any Environmental Hazard that the Indemnifying Part,
its contractrs or agents intrduce to the work loctions; or
33.3 Netwrk Security.
2. the presence or release of any Environmental Hazard
for which the Indemnifying Part is responsible under
Applicable Law.
B. Each Part is responsible to provide security and privacy of
communications. This entails protecting the confidential nature of
Telecommunications transmissions between End User Customers
during technician work operations and at all times. Specifically,
no employee, agent or representative shall monitor any circuits
except as required to repair or provide Service of any End User
Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard converstions, 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 Owest-owned,
operated or leased facilties are identified to CLEC by Owest to beasbestos containing, CLEC will ensure that to the extent any
activities which it undertkes in the facilty disturb such suspect
materials, such CLEC activities will be in accrdance with
Applicable Law, including without limitation, applicable locl, state
and federal environmental and health and safety statutes and
regulations. Ëxcept for abatement activities undertaken by CLEC
or equipment placement activities that result in the generation of
asbestos-containing material, CLEC does not have any
responsibilty for managing, nor is it the owner of, nor does it have
any liabilty for, or in connection with, any asbestos-cntaining
materiaL. Qwst 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.
A. Protecton of Service and Propert. Each Part will exercise
the same degree of care to prevent harm or damage to the other
Part and any third partes, its employees, agents or End User
Customers, or their propert as it employs to protect its own
employees, agents, End User Customers and propert, , but in no
case less than a commercially reasonable degree of care.
.
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 netwrk is a violation of federal
statutes with severe penalties, especially in times of national
emergency or state of war. The Parties are responsible for their
employees with respect to such security requirements and
penalties.
D. Owest shall not be liable for any losses, damages or other
claims, including, but not limited to, uncollecible or unbilable
revenues, resulting from accidental, errneous, malicious,
fraudulent or otherwse unauthorized use of Services or facilities
('Unauthorized Use"), whether or not such Unauthorized Use
could have been reasonably prevented by Owest, except to the
extent Qwest has been notified in advance by CLEC of the
existence of such Unauthorized Use, and fails to take
commercially reasonable steps to assist in stopping or preventing
such activity.
33.4. 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 Qwst will
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
whatsoever resulting from the presence or release of any
Environmental Hazard that either Part did not introduce to the
affected work location. Each Part shall defend and hold
harmless the other Part and its respective offcers, directors and
employees from and against any losses, damages, claims,
demands, suits, liabilties, fines, penalties and expenses
(including reasonable attorneys' fees) that arise out of or result. from:
November 5, 2010/mms/BullsEye Telecom, Inc.OwestQLSPTM MSA-(v10-15-10) Page90f11
(AZ=CDS-1 011 02-0118); (CO=CDS-1 011 02-0119); (IA=CDS-1 011 02-0120); (ID=CDS-1 011 02-0121); (MN=CDS-1 011 02-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-1 01102-0129); (WA=CDS-101102-0130); (W=CDS-101102-0136)
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 (directy or indirecty) ows or contrls, is
owned or controlled by, or is under common ownership or contrl with,
another person. For purposes of this paragraph, the term 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 percent.
"Automatic Location Identification" or "ALI" is the automatic display at the
Public Safety Answenng Point of the caller's telephone number, the
address/location of the telephone and supplementary emergency services
information for Enhanced 911 (E911).
"Applicable Law" means all laws, statutes, common law including, but 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 junsdiction reviewing the regulations, rules, or orders of the
FCC or a state regulatory authority.
"Bil Date" means the date on which a Billng penod ends, as identifed on
the bilL.
"Biling" involves the provision of appropriate usage data by one
Telecommunications Camer to another to faciltate Customer Biling with
atlendantacknowledgments and status reports. It also involves the
exchange of information between Telecommunications Camers to proces
claims and adjustments.
"Carner" or "Common Camer" See Telecommunications Camero
"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.
Secton 332 and FCC rules and orders interpreting that statute.
"Communications Assistance for Law Enforcement Act" or "CALEA" refers
to the duties and obligations of Camers under Section 229 of the Act.
"Confidential Information" means any information that is not generally
available to the public, whether of a technical, business, or other nature
and that: (a) the receiving Part knows or has reason to know is
confidential, propnetary, or trade secret information of the disclosing Part;
and/or (b) is of such a nature that the receiving Part should reasonably
understand that the disclosing Part desires to protect such information
against unrestncted disclosure. Confidential Information will not include
information that is in the public domain through no breach of this
Agreement by the receiving Part or is already known or is independently
developed by the receiving Part.
"Customer" means the Person purchasing a Telecommunications Service
or an information service or both from a Carrier.
"Day" means calendar days unless otherwse specified.
"Demarcation Point" is defined as the point at which the LEC ceases to
own or control Customer Premises winng including without limitation inside
winng.
"Directory Assistance Database" contains only those published and non-
listed telephone number listings obtained by Qwest from its own En.
Customers and other Telecmmunications Camers.
"Direcory Assistanc Service" includes, but is not limited to, making
available to callers, upon request, information contained in the Directory
Assistance Database. Directory Assistance Service includes, where
available, the option to complete the call at the caller's direction.
"Due Date" means the specific date on which the requested Service is to
be available to the CLEC or to CLEC's End User Customer, as applicable.
"End User Customer" means a third part retail Customer that subscnbes
to a Telecommunications Servce provided by either of the Parties or by
another Camer or by tw (2) or more Carriers.
"Environmental Hazard" means any substance the presence, use,
trnsport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental Response
Compensation and Liabilty Act, Superfnd Amendment and
Reauthonzation Act, Resource Conservation Recovery Act, the
Occpational Safety and Health Act and provisions with similar purposes in
applicable foreign. state and local junsdictions) or (Ii) poses nsks to human
health, safety or the environment (including, without limitation, indoor,
outdoor or orbital space environments) and is regulated under any
Applicable Law.
"FCC" means the Federal Communications Commission.
"Interexchange Carner" or "IXC" means a Carrier that provides InterLATA
or IntrLATA Toll servce.
"Line Information Database" or "L1DB" stores vanous telePhona
numbers and Special Biling Number (SBN) data used by operator seE
systems to process and bil Altemately Biled Service (ABS) calls. The
operator service system accsses L1DB data to provide originating line
(callng number), Billng number and terminating line (called number)information. L1DB is used for callng card validation, fraud prevention,
Biling or service, restnctions and the sub-accunt information to be
included on the calls Biling record. Telcordia's GR-446-CORE defines the
interface beteen the administration system and L1DB including specific
message formats (Telcordia's TR-NWP-000029, Section 10).
"Line Side" refers to End Offce Switch connections that have been
programmed to treat the circuit as a local line connected to a terminating
station (e.g., an End User Customer's telephone station set, a PBX,
answenng machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carner" or "LEC" means any Carrier that is engaged in
the provision of Telephone Exchange Service or Exchange Access. Such
term does not include a Camer insofar as such Carrier is engaged in the
provision of Commercial Mobile Radio Service under Section 332(c) of the
Act, except to the extent that the FCC finds that such service should be
included in the definition of such term.
"Loop" or "Unbundled Loop" is defined as a transmission facility between a
distnbution frame (or its equivalent) in a Qwest Central Ofce and the Loop
Demarcation Point at an End User Customer's Premises
"Local Servce Request" or "LSR" means the industry standard forms and
supporting documentation used for ordenng local services..November 5, 2010/mmslBullsEye Telecom, Inc.Qwest QLSpTM MSA - (v10-15-10) Page 10 of 11
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123);(ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-101102-0130); (W=CDS-101102-0136)
t
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITIONS
."M' cellaneous Charges" mean charges that Qwest may assess in addition
rrng and nonrecurrng rates set forth in the Rate Sheet, for activities
requests Qwst to perfrm, activities CLEC authorizes, or charges
that. .are a result of CLEC's actions, such as cancellation charges,
~ddltional .Iabor and mainten~nce. Miscellan~us Charges are not already
included in Qwests recumng or nonrecumngrates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Netwrk Element" is a facilty or equipment used in the provision of
Telecommunications Service or an information service or both. It also
includes features, functons, and capabilties that are provided by means of
such facility or equipment, including subscriber numbers, databases,
signaling systems, and information suffcient for Biling and collection orused in the transmission, routing, or other provision of a
Telecommunications Service or an information service or both, as is more
fully descrbed in this Agreement.
"Operational Support Systems" or "OSS" mean pre-ordering, Provisioning,
maintenance, repair and billng systems.
"Order Form" means service order request forms issued by Qwest, as
amended from time to time.
"Person" is a general term meaning an individual or association,
corporation, firm, joint-stock company, organization, partnership, trust or
any other form or kind of entity.
"Port means a line or trnk connection point, including a line card and
associated peripheral equipment, on a Central Ofce Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilties connected to the Central Offce Switch. Each
Line Side Port is typically associated with one or more, telephone numbers
that serve as the Customer's netwrk address.
aises" refers to Qwsrs Central Ofces and Serving Wire Centers; all
buildings or similar strctures owned, leased, or otherwse controlled by
Qwest that house its netwrk facilties; all strctures that house Qwest
facilities on public rights-of-way, including but not limited to vaults
containing Loop concentrators or similar strctures; and all land owned,
leased, or otherwse controlled by Qwest that is adjacent to these Centrl
Ofces, 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 part verification format.
"Provisioning" involves the exchange of information between
Telecommunications Carriers where one executes a request for a set of
products and services from the other with attendant acknowledgments and
status reports.
"Public Switched Netwrk" includes all Switches and transmission facilties,
whether by wire or radio, provided by any Common Carrer including LECs,
IXCs and CMRS providers that use the North American Numbering Plan in
connection with the provision of switched services.
"Servng Wire Center" denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a particular
Customer Premises.
Access Tandem Swiches), and between Tandem Switches within the
Local Callng Area, as descrbed more fully in this Agreement.
"Switch" means a switching device employed by a Carrier within the Public
Switched Netwrk. Switch includes but is not limited to End Ofce
Switches, Tandem Switches, Accss Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End OffcefTandem Switches.
"Switched Accss Traffic," as specifically defined in Qwests interstate
Switched Accss Tariff, is traffc that originates at one of the Part's End
User Customers and terminates at an IXC Point of Presence, or originates
at an IXC Point of Presence and terminates at one of the Parts End User
Customers, whether or not the traffc transits the other Part's netwrk.
''Tariff as used throughout this Agreement refers to Qwest interstate
Tariff and state Tariff, price lists, and price schedules.
"Telecmmunications Carrier" means any provider of Telecmmunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Act). A
Telecommunications Carrer shall be treated as a Common Carrier under
the Act only to the extent that it is engaged in providing
Telecommunications Servces, except that the FCC shall determine
whether the provision of fixed and mobile satellte servce shall be treated
as common carriage.
"Telecommunications Services" means the offering of telecommunications
for a fee directy to the public, or to such classes of users as to be
effectvely available directly to the public, regardless of the facilities used.
''Telephone Exchange Service" means a Servce within a telephone
exchange, or within a connected system of telephone exchanges within the
same exchange area operated to furnish to End User Customers
intercommunicating Service of the character ordinarily furnished by a single
exchange, and which is covered by the exchange Service charge; or
comparable Service provided through a system of Switches, transmission
equipment or other facilties (or combinations thereof) by which a
subscriber can originate and terminate a Telecmunications Servce.
"Trunk Side" refers to Switch connectons 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 Carrier's netwrk, where transmission
facilties are connected or switched. Wire Center can also denote a
building where one or more Central Offces, used for the provision of basic
exchange Telecommunications Services and accss Service, are located.
Terms not otherwse defined here but defined in the Act and the orders and
the rules implementing the Act or elsewhere in this Agreement, shall have
the meaning defined there. The definition of terms that are included here
and are also defned in the Act, or its implementing orders or rules, are
intended to include the definition as set fort in the Act and the rules
implementing the Act.
"Shared Transport" is defined as local interoffce transmission facilties
shared by more than one Carrier, including Qwest, between End Offce
.es, between End Ofce Switches and Tandem Switches (local and
November 5, 2010/mmslBullsEye Telecom, Inc.
QwestQLSPTh MSA-,(v10-15-10) Page 11 of11
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-101102-0130); (W=CDS-101102-0136)
eo
.
QWEST LOCAL SERVICES PLATFORMIí AGREEMENT
ATTACHMENT 2-QLSPIí Service Description
Owest will provide Qwest Local Services Platform4!
("QLSP4!) Services accrding to the terms and conditions
set forth in the QLSP Agreement between the Partes (the
"Agreement' and in this Attchment 2 to the Agreement,
which is incorporated into and made a part of the Agreement
(this "Attachment'. Except as otherwse set fort in thisAttchment, capitalized terms used but not otherwse
defined herein have the definitions assigned to them in the
Agreement. CLEC may use QLSP Servces to provide any
Telecommunications Services, Information services (or both)
that CLEC chooses to offer to the extent that such service
are granted herein or not limited hereby.
1.2.1 Pursuant to the order issued by the FCC
pertining to the availabilty of Unbundled Netwrk Element
("UNE") Loops under Secion 251(c)(3) of the Act in itsReport and Order-Petition of Qwest Corporation for
Forbearance Pursuant to 47 U.S.C. § 160(c) in the Omaha
Metropolian Statistical Area, FCC 05-170, WC Docket No.
04-223, (effective September 16, 2005), Owt will provide
to CLEC the Loop element of QLSP Servces purchased in
the following nine Omaha Nebraska Wire Centers under the
terms and conditions of the Agreement and this 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 tyes 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 QLSP Service Description.
1.1.1 QLSP Services consist of Local Switching and
Shared Transport in combination. Owest Advanced
Intellgent Netwrk ("AIN") Services, e.g., remote accs
forwrding, and Qwest Voice Messaging Services ("VMS")
may also be purchased with compatible QLSP Services.
These Netwrk Elements will be provided in compliance with
all Teicordia and other industr standards and technical and
performance specifications to allow CLEC to combine the
QLSP Service with a compatible voicemail product andstutter dial tone. Owest will provide accss to 911
emergency service and directory listings in accrdance with
the terms and conditions of CLEC's interconnection
agreements ("ICAs"), except that the business end user rate
in the applicable tariff applies to all end user premium and
privacy directory listings (with the exception of residential
additional listings, i.e., USOC RL T) when 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, Qwest combines the Netwrk
Elements that make up QLSP Service with analog/digital
capable Loops, with such Loops (including services such as
line splitting) being provided in accrdance with the rates,
terms and conditions of the CLEC's ICAs. CLEC may also
purchase Qwst 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 will be
combined with 4 wire loops.
1.3 Local Switching. The Local Switching Netwrk Element
("Local Switching") is collectively the Line Side and Trunk
Side facilities in the local serng Owest end offce Switch
which provides the basic swtching function, the port, plus
the features, functions, and capabilties 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 softre attributes on end
offce Switches and are listed on the Owest wholesale
website. Owest signaling is provided with Local Switching
solely as descrbed in Secton 1.4.2 of this Attchment. The
following Local Switching port are available with QLSP
Servce: Analog Line Port, Digital Line Ports Supportng
Basic Rate InterfceIntegrated Servces Digital Netwrk
("BRI ISDN"), and Analog Trunk Ports.
1.3.1 Analog Line Port. Line Port attbutes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detecton; audible and power ringing;
Automatic Message Accunting (AMA Recording); and
blocking options.
1.1.2 QLSP Service is available in six different service
arrangements, each of which is described more fully below:
QLSP Residential; QLSP Business; QLSP Centrex
(including Centrex 21, Centrex PlIs and, in Minnesota only,Centron); QLSP ISDN BRI; QLSP Public Accss Lines
("PAl); QLSP PBX Analog DID and non-DID (one way and
tw way) trunks.
1.3.2 Digital Line Port Supporting BRI ISDN. BRI ISDN
is a digital architecture that provides integrated voice and
data capabilty (2 wire). A BRI ISDN Port is a Digital 2B+D
(2 Bearer Channels for voice or data and 1 Delta Channel forsignaling and D 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 conforms to
the internationally developed, published, and recgnized
standards generated by International Telegraph and
Telephone Union (formerly CCITT).
1.1.3 Nothing in this Attchment or the Agreement
precludes Qwest from withdrawing availabilty of
comparable, functionally equivalent services from its retail
end user customers. In the event of such withdrawal or
discontinuation, Owest may also withdraw availabilty of the
equivalent QLSP Service.
1.2 Combination of QLSP Service with Loops. Except as
descrbed below, the Loop will be provided by Qwest under
the applicable ICAs in efect 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 Netwrk Elements with the Loop.
1.3.3.1 Analog trunk Ports provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or
4-Wire connections. This Trunk Side connection
inherently includes hunting within the trunk group.
1.3.3 Analog Trunk Port. DSO analog trunk Port can be
configured as DID, DOO, and tw-way.
.ovember 5, 2010/mmslBullsEye Telecom, Inc.
Attchment 2 - QLSP4! - (v8-20-10)
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-101102-0130); (W=CDS-101102-0136)
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Decription
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Offce. For 2-Wire service, the trunks are
converted at the End User Customets loction.
record; and, callng card, biled to third number, and coiie.'
call information used in processing Alternately Bil
Services (ABS).
1.3.3.4 Two-way analog DID trnks require E&M
signaling. Owest will use Type i and II E&M
signaling to provide these trunks to the PBX. Type II
E&M signaling from Owst 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 part'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 Owest, including listed name data provided
by other Telecomunications Carriers partcipating in
Owsts callng name delivery servce 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 instrments
must be equipped with DTMF.
1.4.6 Owest will provide the listed name of the callng
part that relates to the callng telephone number (when the
information is actually available in Owests 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 descrbed within this
Attachment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the OLSP Rate Sheet.
1.4.7 For CLEC's QLSP End User Customers, Owest
will load and update CLEC's OLSP End User Customers'
name information into the L1DB and ICNAM databases from
CLEC's completed service orders. CLEC is responsible for
the accracy of its End User Customers' information.1.4 Vertical Features and Ancilary Functions and Services.
1.4.1 OLSP Serice includes nondiscriminatory accs to
all vertcal features that are loaded in the Local serving
Owst end offce switch.
1.4.8 Owst will exercise reasonable efort to provide
accrate and complete L1DB and ICNAM information. The
information is provided on an as-is basis with all faults.
Owest does not warrant or guarantee the correctness or the
completeness of such information; however, Qwest will
accss the same database for CLEC's OLSP End User
Customers as Qwest accesses for its own End User
Customers. Owest will not be liable for system outage or
inaccssibilty or for losses arising from the authorized use.
the data by CLEC.
1.4.2 Local Switching includes use of Owests signaling
netwrk (ISUP call set-up) solely for Local Traffc. "Local
Traffc" and "Local Calls" means calls that originate and
terminate within the Local Callng Area as defined in the
Owest tariff. Owest will provide service control points in the
same manner, and via the same signaling links, as Owest
uses such service control points and signaling links to
provide service to its End User Customers served by that
switch. Owests call related databases include the Line
Information Database (L1DB), Internetwrk Callng Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portbilty Database. CLEC
will not have access to Owests 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 Owests signaling netwrk
for Toll Traffc. "Toll Traffc" and "Toll Calls" means intr local
access and transport area ("LATA") or interLATA calls that
originate and terminate outside of the Local Callng Area as
defined in the Owest tariff. For all Toll Traffc originated by
or terminated to CLEC's OLSP End User Customer, Owest
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 Owest will not charge CLEC for the storage of
CLEC's OLSP End User Customers' information in the L1DB
or ICNAM databases.
1.5 Shared Transport and Toll.
1.4.3 ICNAM and L1DB. CLEC will have non-
discriminatory accss to Owests L1DB database and ICNAM
database as part of the delivery of OLSP Service.
1.5.1 Shared Transport. The Shared Transport
Netwrk Element ("Shared Transport") provides the
collective interoffce transmission facilties shared by various
Carrers (including Owest) between 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 Owest switches to carry
the End User Customets originating and terminating
local/extended area service interoffce Local traffc on the
Owest interoffce message trunk netwrk. CLEC traffc will
be carred on the same transmission facilties between end-
offce switches, between end-offce switches and tandem
switches and between tandem switches on the same
netwrk facilties that Owest 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-
Owest Telecmmunications Carriers ("Carrier(s)" which
terminate to OLSP End Users.1.4.4 The L1DB database contains the following data:
various telephone line numbers and special biling number
(SBN) data; originating line (callng number); biling number
and terminating line (called number) information; callng card
validation; fraud prevention; Biling or service restrictions;
sub-accunt information to be included on the call's Biling
1.5.2 Originating Toll Calls from, and terminating Toll
Calls to, OLSP End Users will be delivered to/from the
designated IXCs from the Owest end-offceswitches and
access tandems. Use of accss tandem switches are n.
2
November 5, 2010/mms/BullsEye Telecom, Inc.
Attchment 2 - OLSP(8 - (v8-20-10)
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-101102-0130); (W=CDS-101102-0136)
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
1.5.3 IntraLATA and InterLATA Carrier Designation.
QLSP includes the capabilty for selection of the interLATA
and intra LATA Toll provider(s) on a 2-Primary Interexchange
Carrer (PiC) basis. CLEC will designate the PiC
assignment(s) on behalf of its End User Customers for
interLATA and intraLATA Services. All CLEC initiated PiC
changes will be in accrdance with all Applicable Laws, rules
and regulations. Owest will not be liable for CLEC's
improper PiC change requests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrer ("LPIC") 5123. Owest does not
authorize CLEC to offer, request, or select Qwest LPIC 5123
service to CLEC's End User Customers for intra LATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Owest LPIC 5123 to CLEC's End User
Customers, Owest will bil CLEC and CLEC will pay Qwest
the rates contained or reference in the attched Rate
Sheet.
of an analog Line Side Port and Shared Transport provided
under the Agreement with an analog - 2 wire voice grade
Loop provided in accrdance with CLEC's ICAs, except for
those Loops that are otherwse provided for in the
Agreement.
.included in the Agreement or this Attchment and accs
tandem charges, if any, may be biled by Qwest to the IXC(s)
under the applicable acess tariff.
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
I CAs , except for those Loops that are otherwse
provided for in the Agreement.
1.6.5.2 PBX with analog 1-way DID trunks are
cobinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 2 wire
voice grade Loop provided in accrdance with CLEC's
I CAs , except for those Loops that are otherwse
provided for in the Agreement.
1.5.5 Usage. Shared Transport is biled on a MOU
basis as described within this Attchment. Rates for
"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 trnk Por and Shared Transport
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 Arrangement Descriptions.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Servces
include Centrex 21, Centrex Plus and, in Minnesota only,
Centron, and are the combination of an analog Line Side
Port and Shared Transport provided under the Agreement
with an analog - 2 wire voice grade Loop provided in
accordance with CLEC's ICAs, except for those Loops that
are otherwse provided for in the Agreement.
1.6.6 QLSP Residential is available to CLEC for CLEC's
residential End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog . 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except as
otherwse 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 Owests retail tariff as applied to
Owests End User Customers.
.1.6.1 QLSP Business is available to CLEC for CLEC's
business End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accrdance with CLEC's I CAs, except for those
Loops that are otherwse provided for in the Agreement.
1.6.2.1 CLEC may request a conversion from Centrex
21, Centrex-Plus or Centron service to QLSP Business or
OLSP ResidentiaL. The Conversion NRC(s) provided in
the Rate Sheet will apply.
1.6.6.1 In order for CLEC to receive QLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must identify
residential end users by working telephone number
(WN) utilzing the LSR process as descrbed in the
Owest wholesale website.
2.0 Additional Terms and Conditions and Service Features.
2.1 Qwest does not warrnt the availabilty of facilities at any
serving wire center. OLSP Services will not be available if
facilties are not available. Qwest represents and warrants
that it will not otherwse restrict facilities eligible to provide
QLSP Service and that any and all facilties that would
otherwse be available for retail service to a Owest 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 Owest will provide accs 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 ISDN-
capable Loop provided in accordance with CLEC's ICAs,
except for those Loops that are otherwse 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 Services (e.g., a QLSP Centrex 21
line) can functionally and operationally be provisioned as
either LPS or GST. Unless specifically requested otherwse,
Qwest provisions POTS Service as LPS. GST is generally1.6.4 QLSP PAL is available to CLEC for only CLEC's
. Payphone Service Providers (PSPs) and is the combination
ovember 5, 2010/mmsIBullsEye Telecom, Inc.
Attchment 2 - QLSPCi - (v8-20-10) ,
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-D129); (WA=CDS-101102-0130); (W=CDS-101102-0136)
3
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
provisioned for Private Branch Exchange ("PBX") tye
services. LPS/GST Changes allow the CLEC to request a
facilty served by LPS to be changed to GST or vice versa.
Additional information and ordering requirements are
detailed on the Qwest Wholesale website.
2.3
2.2.1 The Subsequent Order Charge provided in the
QLSP Rate Sheet and the Qwest retail Tariff nonrecurrng
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, will be added to service orders
requesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwest will provide to CLEC
certain originating and terminating call records ("usage
information") generated by CLEC's QLSP end user via a
DUF.
2.7 If Qwt develops and deploys new local switch features.o
its End User Customers, those switch features will
available with QLSP Servce in the same areas and subj
to the same limitations. The rates that Qwest charges for
such new local switch features will not in any case be higher
than the retail rate Qwest charges for such features.
2.3.1 Qwest will provide to CLEC Local caii usage
information within Qwests control with respect to calls
originated by or terminated to CLEC QLSP End User
Customers in the form of the actual information that is
comparable to the information Qwest uses to bil its own End
User Customers.
2.3.2 Qwest will provide to CLEC usage information
necessary for CLEC to bil for interLATA and intraLATA
exchange accss to the IXC (excluding intraLATA usage
information if Qwest LPIC 5123 is seleced as the intr LATA
Toll provider) in the form of either the actual usage or a
negotiated or approved surrgate for this information, as
such biling is described and allow under secton 3.7 of
this Attachment. These exchange acc records will be
provided as Category 11 EMI records via the DUF.
2.3.3 Qwest will provide DUF records for the following:
all usage occrrence 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 intraLATA tolL.
2.3.4 Local Call usage records will be provided as
Category 01 or Category 10 EMI records via the DUF.
Terminating Local Call usage recrds are not colleced or
available and will not be provided.
2.4 Feature and interLTA or intraLATA PiC changes or
additions for QLSP, will be processed concurrently with the
QLSP order as specified by CLEC.
2.8 Nothing in the Agreement alters or affects CLEC's right to
receive any applicable universal servce subsidy or other
similar payments.
2.5 Accss to 911/E911 emergency Services for CLEC's End
User Customers will be available in accrdance 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 will then provide such services under the
Agreement with respect to all CLEC QLSP Service End User
Customers and new QLSP Service End User Customers, to
the same degree and extent that 911/E911 emergency
services were provided by Qwest prior to the elimination of
911/E911 emergency services as an obligation under 47
U.S.C. §251.
2.9 Qwest Operator Services and Directory Assistance Services
are provided under the terms and conditions of CLEC's
ICAs.
2.6 Qwest AIN and VMS are offered on a commercial basis and
may be purchased with QLSP at the rates set fort in the
attached Rate Sheet. Retail promotions may not be
combined with QLSP.
3.0 Rates and Charges.
3.1 The recurrng ("MRC") and NRC rates for QLSP Services
and all associated QLSP applicable usage-based rates and
miscellaneous charges are set fort or incorporated by
reference into the attached QLSP Rate Sheets. Rates for
QLSP Service are in addition to the applicable rates for
elements and Services provided under CLEC's ICAs.
Applicable intercarrier compensation rates and charges
(such as accs 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
Effecve Date of the Agreement, rates for the Service will be
those provided or reference in the attched Rate Sheet.
The MRCs for the switch port will be adjusted annually,
effectve January 1 of each year through the term of the
Agreement. CLEC is eligible for and will receive diSCOU.
on the Basic Plan switch port MRCs if it meets the volu
plans described below. Discounts are not cumulative and
Qwest will apply the highest discount rate for which CLEC
qualifies. Basic Plan MRCs will apply if CLEC does not
qualify for any discount.
3.2.1 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
preceing year, CLEC will qualify for a 10% discount off
of the Business Port and a 2% discount off of the
Residential Port MRCs applicable during the next
calendar year.
3.2.4 115% YOY Volume Growth Plan: If the
number of CLEC's total QLSP lines as of October 31 of
each year equals or exceeds 115% of the sum of
CLEC's total QLSP lines as of October 31 of the
preceing year, and the yay 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 section
3.2 as of October 31 of each year, Qwest will include all
QLSP lines, if any, from the previous year. For example, to
determine 2011 QLSP rates, Qwest will use the total numb.
4
November 5, 2010/mms/BullsEye Telecom, Inc.
Attchment 2 - QLSP~ - (v8-20-10)
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-1 01102-0123); (ND=CDS-1 011 02-0124); (NE=CDS-1 011 02-0125); (NM=CDS-1 011 02-0126); (OR=CDS-1 011 02-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-1011 02-0130); (W=CDS-101102-D136)
.
.7
QWEST LOCAL SER~CES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ 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 effectve On each
January 1 during the term of the Agreement.
including but not limited to flat rate trnsport charges, in
accance with the applicable Tariff
3.8 Local SwitChing Usage and Shared Transport Minute of
Use (MOU) This section describes the use of the Qwest
netwrk for different call types originated by or terminated to
QLSP End Users. This section does not affect Qwests
rights to charge IXCs for signaling as described in Section
1.4.2 of this Attchment.
3.4 Except as otherwse provided herein, the Loop element
combined with a QLSP Service will be provided in
accrdance with CLEC's ICAs with Qwest at the rates set
fort in those ICAs.
3.5
3.4.1 Loops provided under the Agreement. Upon
thirt (30) Days notice via the standard commercial
notification proces, 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
Partes 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 servng
Qwest end offce and other interoffce swtching for Local
traffc. When this call type is originated by a QLSP end user,
Local Switch Usage per MOU and Shared Transport per
MOU charges provided in the Rate Sheet will apply. For
these call types that also terminate to an end user served by
a non-Qwest Carrer, Qwest may pay that Carrer cerin
terminating compensation charges under terms and
conditions of a separate ICA
3.8.1 Originating IntraOfce Local Calls - This
originating Local Call requires switching by the local seing
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 Carrer certin terminating
compensation charges under terms and conditions of a
separate ICA.
3.6 CLEC will pay Qwest the PiC change charge associated with
CLEC End User Customer changes of interLATA or
intra LATA Carrers. Any change in CLEC's End User
Customers' interLATA or intraLATA Carrier must be
requested by CLEC on behalf of its End User Customer.
Intercarrier Compensation. Except as specifically
described in this Section, the Agreement doe not change or
amend applicable intercarrer compensation arrangements
(including but not limited to Switched Acces, Signaling, or
Transit charges) between any partes, including between
Qwest and Carriers or IXCs.
3.8.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local serving Qwest end offce.
If the QLSP End User's selected IXC does not have direct
trnking 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, Locl Switch Usage
provided in the QLSP Rate Sheet applies. Additionally, if
Shared Transport is necessary to deliver the call to the
Accss Tandem, Shared Transport Usage charges provided
in the QLSP Rate Sheet will apply. For these call tyes 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), Qwst will not charge to or collect from the IXC
usage based end offce and loop Switched Accss charges
(such as Switched Access Local Switching, End OffceShared Port, Tandem Transmission and Carrier Common
Line) for InterLATA or IntraLATA Toll Calls originating or
terminating from that QLSP End User Customer's line to an
IXC.
3.8.4 Terminating IntraOfce and InterOce Local
Calls. This terminating Local cali requires switching by the
local serving Qwst end offce and in certin 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 types that originate from an end
user served by a Carrier, Qwest retains it rights to bil that
Carrer certin Transit charges as descrbed in Section 3.7
above.
3.7.2 Signaling. Qwest retains its rights to chargß IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as L1DB,
ICNAM and 8XX) associated with interLTA 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 netwrk and
which terminates to a QLSP End User, Qwet retains its
rights to bil the originating Carrier 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 offce. If the originating caiier's IXC does not have direct
trunking to the QLSP end user's local serving Qwt 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 frm the accss tandem, Shared Transport
3.7.4 Other. Qwest retains its rights to billXCs or other
Carrers, as applicable, any and all other access charges
. and assessments not expressly addressed in this section,
ovember 5, 2010/mmslBullsEye Telecom, Inc.
Attachment 2 - QLS~ - (v8-20-10)
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-Q120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-Q125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-101102-0130); (W=CDS-101102-0136) ,
5
3.9
3.10
3.11
4.0
4.1
4.2
4.3
4.4
4.5
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, Qwt retains
its nghts to bil the IXC for Tandem elements under the
Tariff.
3.8.6 Originating Toll Calls when QC is the
IntraLATA Toll provider. See Section 1.5.4 above.
Qwest will have a reasonable amount of time to implement
system or other changes necesary to bil CLEC for rates or
charges associated with QLSP Services
QLSP Services have a one,month minimum service penod
requirement for each CLEC End User Customer. The one-
month minimum service penod 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 penod is satisfied be pro-rated
for partial months based on the number of days Servce Was
provided.
The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing servce,
including changing a telephone number, initating or
removing suspension of Servce, denying or restonng
service, adding, removing or changing features, and other
similar requests.
Systems and Interfaces.
Qwest and CLEC will support the use of current OSS
interfaces and OSS business rules for QLSP, including
electronic ordenng and flow, as the same may evolve over
time.
QLSP Services are ordered utilizing the LSR process as
described in the Qwest wholesale website.
Pnor to placing an order on behalf of each End User
Customer, CLEC will be responsible for obtaining and will
have in its possession a Proof of Authonzation as set fort in
the Agreement.
When Qwest or another provider of choice, at the End User
Customer's request, orders the discontinuance of the End
User Customer's existing service 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 will not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End
User Customer.
The Partes will provide each other with points of contact for
order entry, problem resolution, repair, and in the event
special attentiòn is required on service request.
6.0
6.1
6.2
bil its End Users or other Carners (including Qwest), Qw~
will work with CLEC in good faith to deliver such informatio,.
Maintenance and Repair.
Qwst will maintain facilities and equipment that compnse
the QLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Qwst facilties or equipment, other than by
connection or disconnection to any interface between Qwest
and the End User Customer, without the written consent ofQwt.
Qwt will provide general repair and maintenance Service
on its facilties, including those facilties supporting QLSP
Services purchased by CLEC. Qwest will repair and restore
any equipment or any other maintainable component that
adversely impacts CLEC's use of QLSP Servce. Qwest and
CLEC will 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.
7.0 Commercial Performance Measures and Reporting,
Performance Targets' and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
indicated on Signature Page).
Each Part will provide suitably qualified personnel to
perform its obligations under the Agreement and all QLSP
Services in a timely and effcient manner with dilgence and
care, consistent with the professional standards of practice
in the industr, and in conformance with Applicable Law.
The QLSP Service attributes and process enhancements a_
not subject to the Change Management Process ("CMP
CLEC proposed changes to QLSP Service attbutes an
process enhancements will be communicated through the
standard accunt interfaces. Change requests common to
shared systems and processes subject to CMP will continue
to be addressed via the CMP proceures.
7.1
7.2 Qwest will provide commercial 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.
7.3 Commercial measurement definitions, methodologies,
performance targets and reporting requirements are set forth
in Attchment 3 to the Agreement. Qwest will provide CLEC
with the raw data necessary to allow CLEC to disaggregate
results at the state leveL. Reporting of these performance
measures will be applied for activity beginning the first full
month of Servce after January 4, 2011.
7.4 CLEC will be entitled to service credits only for each
instance of a missed installation commitment and each
instance of an out of service condition that is not cleared
within 24 hours occurnng after January 4, 2011. All service
credits will be applied automatically by Qwest as credit
against CLEC's bil for the billng period following the one in
which the credits were accrued. Credits for Services
provided under the Agreement will be applied for activity
beginning the first full month after January 4, 2011. A.
6
Qwest will bil CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Biling penod, in an
agreed upon standard electronic format. Billng information
will include a summary bil and individual End User
Customer sub-accunt information. If CLEC needs
additional or different biling information in order to properly
November 5, 2010/mms/BullsEye Telecom, Inc.
Attchment 2 - QLSP43 - (v8-20-10)
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-1 01102-0129); (WA=CDS-1011 02-0130); (W=CDS-101102-0136)
5.0
.
.1
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
credits or payments related to the Services provided prior to
the first full month following January 4, 2011 and in
accrdance with CMP, PID, PAP or any other wholesle
service quality standards will no longer be applied beginning
the first full month afer January 4, 2011.
Eligible QLSP Serice will be included in the UNE-P PAP
results beginning the first full month following the, Effective
Date of the Agreement.
8.4
8.5 Notwthstanding the dispute resolution provisions in the
Agreement, the Partes will resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution process descrbed in the PAP.
7.4.1 Installation Commitments Met. For each
installation commitment that Qwest, through its own
fault, fails to meet, Qwst will provide a service credit
equal to 100% of the nonrecurrng charge for thatinstallation. 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 descrbed in Attchment 3 to
the Agreement.
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Qwst, through its
own fault, fails to resolve within 24 hours, Qwst will
provide a service credit equal to one day's recurrng
charge (monthly recurring 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 recurring 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 Penonnance Measures and Reporting and
Penonnance Assurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selected by CLEC as indicated
on the Signature Page to the Agreement).
If selected by CLEC under the terms and conditions of the
Agreement and this Attchment, Qwest will, in Washington
only, provide perfrmance measurements, reporting, and
remedies compliant with the Washington Performance
Indicator Definitions ("PIDs") and the Qwest Washington
Performance Assurance Plan ("PAP") for the Services, if
eligible, provided under the Agreement and this Attchment. ,
Only in the state of Washington, and only if expressly
selected by CLEC under the terms and conditions of the
Agreement and this Attchment, does this PID and PAP
replace, in their entirety, the Commercial Performance
Measures and Reporting, Performnce Targets and Service
Credits terms and conditions for Services provided under the
Agreement and this Attchment outlined in Secton 7.0 of
this Attachment.
The PIDs and PAP for Washington in their cúrrent form are
posted in the Qwest Wholesale PCAT, currently called
Negotiations Template Agreement PCAT, under Exhibit B
and Exhibit K for Washington, respectively. Those PIDs and
that PAP are incorporated by referenced into, and made a
part of, this Attachment. Subsequent changes to the PIDs or
PAP submitted to the WUTC will be incorporated into the
applicable exhibit as soon as they are effectve either by
operation of law or WUTC order, whichever occrs first and
without further amendment to this Attachment.
8.2
8.3 To select the Service Performance Measures and Reporting
and Performance Assurance Plan (PIDIPAP) option, CLEC
must be a certified CLEC under applicable state rules and
have elected the PID and PAP under its Washington
interconnecion agreement with Qwest.
eovember 5, 2010/mmslBullsEye Telecom, Inc.Attachment 2 - QLSPiI - (v8-20-10)
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-Q126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-101102-0130);(W=CDS-101102-0136)
7
"
.
.
.
ATTACHMENT 3
Performance Targets for Owest OLSpTM Service
ATTACHMENT 3 - Performance Targets for Owest QLSpTM Service
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., EDI997 transactions are not included.)
. For FOC-1A, the interval measured is the period between the LSR reCeived date/time (based on
scheduled up time) and Qwests response with a FOC notification (notification date and time).
. For FOC-1 B, the interval measured is the period between the application date and time, as defined
herein, and Qwests response with a FOC notification (notification date and time).
. "Fully electronic. LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC.
. "Electronic/manual. LSRs are received electronically via IMA-GUI or IMA-EDI and involve manual
processing.
. LSRs wil be evaluated according to the FOC interval categories shown in the "Performance
Targets. section below, based on the number of lines requested on the LSR or, 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 recived via
IMA-GUI or IMA-EDI
Formula:
FOC-1A = UCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR
received date/time (based on scheduled up time))" is within 20 minutes) + (Total Number of
original FOC Notifications transmitted for the service category in the reporting period)l x 100
FOC-1 B = UCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (Application
Date & Time)" is within the intervals specified for the service category involved) + (Total
Number of original FOC Notifications transmitted for the service category in the reporting
oeriodH x 100
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
"
.
.
.
Page 2
.
.
.
Exclusions:.LSRs involving individual case basis (1GB) handling based on quantities of lines, as specifed in the
"Performance Targets. section below, or service/request types, deemed to be projects..Hours on Weekends and holidays. (Except for FOG-1A, which only excludes hours outside the
scheduled system up time.).LSRs with GLEG-requested FOG arrangements different from standard FOG arrangements..Recrds 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:
FOG-1A 95% within 20 minutes
QLSP-POTS
FOG-1B 95% within standard FOG
intervals (specified below)
Standard FOe Intervals
Product Group NOTE 1 FOe
Interval
QLSP-POTS (1-39 lines) FOG-1A:20
Minutes
FOG-!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 1GB.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 3
ICM.1 . Installation Commitments Met
Purpose:
Evaluates the extent to which Qwest installs services for Customers bv the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
. All inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all Corders
representing inward activity (with "I" and liT" 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 recrded by Qwest is counted as a met
due date. The Applicable Due Date is the original due date, or, if changed or delayed by the
customer, the most recently revised due date, subject to the following: If Qwest changes a due
date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that
is (a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if
any.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEe . Results for producUservices 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" will be reported accrding to installations:
ICM-1C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) + (Total Orders
Completed in the Reporting Period)) x 100 .
Exclusions:
. Disconnect, From (another form of disconnect) and Record order types.
. Due dates missed for standard categories of customer and non-Qwest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving official company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 4
.
.
.
Product 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).
ATIACHMENT 3 - Performance Targets for Qwst QLSp™ Service
Page 5
011.1 . Order Installation Interval
Purpose:
Evaluates the timeliness of Qwests installation of services for CLECs, focusing on the average time to
install service.
Description:
Measures the average interval (in business days) between the application date and the completion
date for service orders accpted and implemented.
. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
. Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date is the CLEC-initiated due date, if any, that is (a~ subsequent to
the original due date and (b) prior to a Qwest-initiated, changed due date, if any. aTE 1
. Time intervals associated with CLEC-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest
Qwest-initiated due date, if 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
011-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported accrding 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 Owest QLSp™ Service
Page 6
.
.
.
Re orted As:
Avera e business da s
Zone.T e.
Performance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
6 Days
3.5 Days
Availabilty:
Performance will be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
Notes:
1 . According to this definition, the Applicable Due Date can
change, per successive CLEC-initiated due date changes or
delays, up to the point when a Qwest-initiated due date change
occurs. 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.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 7
00524-1 - Out of Service Cleared within 24 Hours~~: .
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 specifed services (i.e., 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 isindicated as cleared. '
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEe . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" will 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 accrding to installations:
00S24-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) I (Total Number of Out of Service Trouble Report 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-typedisaggregation), trouble
reports involving a "no accss" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement oer the measure definition..
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Servce
Page 8
.
.
.
Product Reporting:Performance Taraets:
MSA-Tvoe-
.QLSP POTS Dispatch and Non-Dispatch 190%
Zone-Tvoe-
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATIACHMENT 3 - Perfomiance Targets for Owest QLSpTM Service
Page 9
MTTR.1 . Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusing how long 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 time of receipt to date and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Hours and Minutes
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
MTIR-1A Dispatches (Includes within MSA and outside MSA); and
MTIR-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
MTIR-1C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
¿((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) + (Total number of
Trouble Reports closed in the reporting period)
Exclusions:. Trouble reports coded as follows: .
- For products measured from MTAS data (products listed for MSA-type disaggregation), trouble ,
reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the
Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0
K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
.
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 10
.
.
.
Product Reporting:Penormance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-Tvoe-
.
Availabilty:Notes:
Performance wil be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
ATIACHMENT 3 7 Performance Targets for Qwst QLSpTM Service
Page 11
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
onlv service-affectina.
Reporting Period: One month Unit of Measure: Percent
Reporting Individuai CLEC Disaggregation Reporting: Regional leveL.
Formula:
((Total number of trouble reports closed in the reporting period involving the specified service
grouping) + (Total number of the specified services that are in service in the reporting period)) x 100
Exclusions:
. Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type, trouble reports coded
to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network
Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone- .
type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services 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 official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation ofthe measurement Der the measure definition.
.
ATTACHMENT 3 - Performance Targets for Owest QLSp™ Service
Page 12
,.
.
.
.
Product Reporting:Performance Target:
MSAType:
.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 - Perfrmance Targets for Owest QLSp™ Service
Page 13
.
.
.
.
Qwest Local services Platfnn™ (QLspTM) Rate Page -Idaho
Janua 4 2011 throu hTenn*
109.Shared TransDOrt Purchased As Part ofIiSP"
109.8.1 QLSpTM Residental Busines and PAL In ID- Per MOUI $0.0011100
109.8.2 QLSpTM Centx ISDN BRI PAL in lOoN and PBX Analoo Trunks Per line/trnk UGUST ~0.35
109.11 Local Swhin" Purcha As Par of OLSP"
109.11.1 Port Basic Plan
109.11..1 Analoo Port 6.2'
109.11.1.2 Residental end user crit LAWUR 3.07 1
109.11.1.3 Effecve QLSpTM Residential Analoo p"rt 3.14 1
109.11..4 Diaital Port SUDaortna BRIISDN\17.40
109.11.1.5 PBX DID Port 7.30
109.11.2 Intntionallv Blank
109.11.3 Port If 90% YOY Volume Retenton Plan R""ulremenls At ..
109.11.~.1 Analon Port !l~.59
109.11.3.2 Analnn Port R"'ldential end' "er crit LAWUR 2.51 1
109.11.3.3 Effctive QLSpTM Residental Anl~ Port 3.08 1
109.11.3.4 Diaill Port S,mnnrtna BRI ISDNl 17.40
109.11.3.5 PBX DID Port 7.30
109.11.4 IntonallY Blank
109.11.5 Port If 115% YOY Volume Growt Plan Renulrements At Met
109.11.5.1 Analnn Port E.35
1"9.11.5.2 Analn Port Residential end user c~dtt LAWUR 1.40 1
100.11.5.3 Effectve QLSpTM Residental Analoo Port 2.95 1
109.11.5.4 Dlaltal Port ISuooortna BRI ISDNl 17.40
109.11.5.5 PBX DID Por 7.30
109.11.Intentonallv Blank
109.11.7 Locl Swih Usa"e
109.11.7.1 QLSpTM Residenal. Busines, and PAL In ID- 'Per MOUI 0.001343
109.11.7.2 LSpTM Centrx ISDN BRI PAL in lOoN and PBX Analnn Trunks Per Linelrunk'UGUFM e1.3
109.11.8 Swih Features 2
109.11.8.1 Account Codes - ""r !l""''m AZPS 75.00
109.11.R.2 Attndant Access Line ner Staon Line DZR 10.00
109.11.8.3 Audible ....s""e W ailnn MGN MWW 12.00
109.11.8.4 Authorization Codes - ""r SYStem AFYPS 85.00
109.11.8.5 Autmac Line ETVPB 8.00
109.11.8.6 Automatic Route Seien - Common Enulnment ne' Svotem F5GPG ~2200.00
109.11.8.7 Call Dron FlO ONLY ~5.00
109.11.A.8 Call Exclusion - Automatic NXlfsDNÇ ~5.00
109.11.8.9 Call Exclusion - Manual NA-FID $5.00
IDSNI
109.11.8.1 Call Fniwardinn Busv Line - Incominn Onl"69B1X 5.00
109.11.8.11 Call Foiwardinn Don' Answer Incamina Onlv 69A 5.00
109.11.8.12 Call Foiwardlna: Busv Line I Don' Answer Pmarammable Serv.. Establishment SEPFA 50.00
109.11.8.13 Call Foiardina: Don't Answer I Call Foiwardinn Busv Customer Pmarammable - Line FSW 10.00
109.11.8.14 Call Waitina Indiction - ""r Tlmlna State WUT 25.00
109.11.8.15 Centrx Common Enuinment HYE HYS ~l60.oo
109.11.8.16 CLASS - Call Trace Per O"""rrnce NOUSOC 0.46
100.11.8.17 CLA"S - Continuous R""ial NSS 10.00
109.11.8.18 CLASS - Last ""11 Retm NSQ 10.00
109.11.8.19 CLASS - Priori'" "allnn NSK 10.00
109.11.8.20 C ASS - Selectve Call Foiwardina NCE 10.00
109.11.8.21 CLASS - Selecve Call Rf!ecton FKQPN NS 10.00
109.11.8.22 Direct !ltaon Selecon I Busv i ..mn FiAld ""r Arrnnement BUD 8.00
109.11.8.23 Di..MAt Call Pickun wi Bame-in 6MD 5.00
109.11.8.24 Di"""d Call Plckun withut Bame-n 690 5.0(
109.11.8.25 Distinctve RinnJistinctve "all Waitinn RNN 5.00
109.11.A.26 Exnensive Rout Warnlna Tone, ""r Svstem AQWPS 90.00
109.11.8.27 GroUD Interm GCN 8.00
109.11.8.28 Hot Line, per Line HLN, HLA $8.00
109.11.8.29 Huntinn: Mul1nn1tion Hunt Q' 'eulnn MH5 $5.0
109.11.8.30 Huntna: Mul1oation wi Announcement in Queue MH $5.00
109.11.8.31 Huntna: Multoaition wi Music in Oueue MOHPS 5100.00
109.11.8.32 ISDN Short Hunt NHGPG,$10.00
NHGPN
109.11.8.33 Loudsneaker Paninn ner Trunk Groun PTQPG ICB
109.11.8.34 Make Busv Arrnnements ""r Groun A9AEX P89 $20.00
10°.11.8.35 Make Busv Arrnnement ""r Line MBl $10.00
109.11.8.36 Messane Centr ""r Main Staon Line MFR $8.00
109.11.8.37 Messaae Wattina Visual MV5 ICB
109.11.R.38 Music On Hold, Der Svstem MHHPS 575.00
109.11.8.39 Pricv Release K7KPK 55.no
109.11.8.400,..rvTimA QT1PK 55.00
109.11.8.41 SMDR.P - Archived Dat SR7CX ~30.00
109.11.8.42 SMDR-P - Service Establishment Charg, Initl Installaton SEPSP,$185.00
SEPSR
109.11.8.43 Station Camo-n Serv... oe Man Station CPK sa.OO
109.11.8.44 Time of Dav Control for ARS, ner S""tem ATBPS 5125.0
109.11.8.45 Time of Dav NCOS Undate A4T 5100
109.11.8.46 Time of Dav Routina ner Line ATB 51.00
109.11.8.47 Trunk Vericatln from De -Innated Station BVS ~1"".00
109.11.8.48 UCD in Hunt Groun ner Line MHM $6.00
109.11.8.49 Premium Port Features- Additonal Chame ~2.08
109.11.8.49.1 CMS. S""''m Establishment - Initiaiinstalla'ion MB5XX ~1000.00
109.11.8.49.2 CMS - Svol..m Establishment "ub'enuent Installation CPVO $500.00
109.11.8.49.3 CMS. Pac Cn"''' Canabilh. ""r S~tem PTGPS $1500.00
109.11.8.49.4 Conferece Caillna - Met Me MJJPK $5.00
109.11.8.49.5 Coferece Caillna - Pret M09PK 55.00
109.11.8.49.6 Conference Callnn - Staon Dial 6-Wavl GVT ~5.00
Qwest Loci Services Platfrm TM Agreement QLSp™ Rat Sheet-V1.2.3 04.11.08
Qwest Locl Servces PIaTM (QLSpTM) Ra Page . Idaho
109.11.9 Oter I
109.11.9.1 Custom Number
109.11.9.1.1 Idaho No See Aplicble Qwst Retail 6
Tari, Calog or Price List
les Disunt (which will be
provi pursuant to terms
and codit in CLEC's ICA).
109.11.9.1.2 Idaho Sout See Applicable Owt Retil 6
Tari, Catlog or Price List
less Discount (which will be
prvided pursuant to terms
and conditions in CLEC'S ICA).
109.11.9.2 PBX DID Comnlex Translations D"'il Ou'nulsed Channe Si nalinn $15.2
109.11.9.3 PBX DID Comnlex Translations Sinnalinn Channe $35.
109.11.9.4 PBX DID Block Comnromise $25.5
109.11.9.5 PBX DID Groun of 20 Numbers $31.3
109.11.9.6 PBX DID Reserv Sønuential # Block $25.3
109.11.9.7 PBX DID Reserve Nonseauential Telenhone Numbers $23.6
109.11.9.8 PBX DID Nonseuental Telenhone Numbers $33.1
109.11.10 Subsauent Order Charae NHCUU $12.17 4
109.11.11 Qw Carnnraton IQC IntLATA Toll LPIC 5123
109.11.11.1 Idaho Nort See Applicable Qwest Retl 6Tari, Catlog or Pri List
les Discnt (which will be
prvided pursuant to termsand cons in CLEC's ICA).
109.11.11.2IdahoSouUl See Applicble Qwes Retail 6
Tari, Catalog or Price List
less Discunt (which will be
provided pursuant to te
and conditions in CLEC's ICA).
109.20 Miscellaneous Charges 5
109.20.1 Deslnn . Nort
109.20.1.1 Maintenance nf "ørv
109.20.1.1.1 Basic
109.2f.1.1.1.1 Flln""..nt WWXX ~
109.20.1..1.2 Each Additonal Incrnt WW1X ~
109.20.1.1.2 Overtme
109.20.1.1.2.1 Fi..I~-nl WWOX ~
109.20.1.1.2.2 Each Additna Incrent WW2X ~
109.20.1.1.3 Premium
109.20.1.1.3.1 Firs Increment WWPX ~
109.20.1.1.3.2 Each Additional Increment WW3X ~
109.20.1.2 Ontinal Tesna IAddltional Labor
109.20.1.2.1 Basic First and Each Additonal Increment OTNBX ~
10".20.1.2.2 Overtme First and Each Additonal Increment OTNOX ~
109.20.1.2.3 Premium Firs and Each "dditionalln-ment OTNPX ~
109.20.1.3 Discatch (Additional Discatch - No truble found\VT6DC ~
109.20.1.4 Disaatch for Maintnance of Servce - No Trouble Found VT6DM ~
109.20.2 Desinn and Non-De-n - Nort
109.20.2.1 Trin ChaMe - Premis'" Vis Chame seo ~
109.20.2.2 Premise Work ChaMe
109.20.2.2.1 Basic
109.20.2.2.1.First Incrment HRD11 ~
109.20.2.2.1.2 Each Additional Increment HRDA1 ~
109.20.2.2.2 Overtime
109.20.2.2.2.1 Firs Increment HRD12 ~
109.20.2.2.2.2 Each Additional Incrment HRDA2 ~
109.20.2.2.3 Premium
109.20.2.2.3.1 First Incrment HRD13 ~
109.20.2.2.3.2 Each Additonal Increment HRDA3 ~
109.20.2.3 Network Premises Work ChaMe
109.20.2.3.1 Basic Firs Incrment HRR11 ~
109.20.2.3.2 Basic Each Additonal Increment HRRA1 ~
109.20.2.3.3 Overtme Firs Incrment HRR12 ~
109.20.2.3.4 Overtme Each Additonal Increment HRRA ~
109.20.2.3.5 Premium Firs Increment HRR13 ~
109.20.2.3.6 Premium Each Additional Incrment HRRA3 ~
109.20.2.4 DateChanne VTen ~
Desinn Channe H28 ~
Exaedite Chame Per da advanced EODDB ~
Cancellaton Charoe NoUSOC ICB
109.20.3 Non-De"n . Sout
109.20.3.1 Netrk Premises Work Chame
109.20.3.1.1 All Hours 1 st 15 minute HRH11 ~
109.20.3.1.2 All Hours next Ulree 15 minute HRHA1 ~
109.20.3.1.3 All Hours. ea addrl15 minutes HRDA1 ~
Qwest Local Services Plator TM Agrement QLSP TM Ra Sheet-V1.2.3 04.11.08
..
.
.
.
2
.
.
.
Qwest Local Services Platrm ni (QLSpnI) Rate Page. Idaho
Janua 4 2011 throu hTerm*
109.20.4 Deslan . Sout
109.20.4.1 Maintnance of Servce
109.20.4.1.1 Basic
1nQ.?0.4.1.1.1 First Increment MVXX ti
109.20.4.1.1.2 Each Additional Increment MV1X ti
109.20.4.1.2 Overtime
109.20.4.1.2.1 First Increment MVOX ti
109.20.4.1.2.2 Ea"h Additional Increment MV2X ti
109.20.4.1.3.1 Premium
109.20.4.1.3.1 Flrsllnorment MVPX ti
109.20.41.3.2 Each Additonal Incrment MV3X ti
10920,42 ..
..nTNBX ti
109.20.4.2.2 Overtme Firs and Each Additonal Incrment OTNOX ti
109.20.4.2.3 Premium First and Ea Additional Increment OTNPX ti
109.?0.4.3 Disnatch Additonal Dis""tch . No trouble found VT6DC ti
109.20.4.4 Dis""tch for Maintenance of Service. No Trouble Found VT6DM ti
109.20.4.5 Network Premises Work Charae
109.20.4.5.1 Basic
109.20.2.5.1.1 Fi"'t Incrment HRH11 ti
109.20.2.5.1.2 Each AMitional Increment HRH1 ti
109.20.4.5.2 Overtme
109.20.2.5.2.1 Firsllncrment HRH12 ti
109.20.2.5.2.2 Each Additnal Increment HRHA2 ti
109.20.45.3 Premium
109.20.2.5.:'.1 First Incrment HRH1:'i ti
109.20.2.5.3.2 Each Additonal Increment HRHA3 ti
109.20.5 Deslan and Non-Deslan . Soth
109.20.5.1 TnD Chame . Premises Visit Charae NRT Y ti
109.20.5.2 Premises Work Charae
109.20.5.2.1 Basic
109.20.5.2.1.First Incrment HRD11 ti
109.20.5.2.1.2 Each Additional Increment HRDA1 ti
109.20.5.2.2 OVerime
109.20.5.2.2.1 First Incment HRD12 ti
109.20.5.2.2.2 Each Add'tionallncre HRDA2 ti
109.20.5.2.3 Premium
1n9.20.5.2.3.1 First Increment HRD13 ti
109.20.5.2.3.2 Each Additial Increment HRDA3 ti
109.20.5.3 DateChanae VT6DC ti
109.20.5.4 Desian ChanDe H28 ti
109.20.5.5 Exnedil Charae Per day advanced EODDB ti
109.20.5.6 Cancellaton Chame NoUSOC ICB
109.23 QLSP'" Installation and Conversn Nonrecurrlna Chames NRCsl
109.23.1 Conve~on Nonreurrln" Char"es
109.23.1.1 QLSP'" Business Centrex PAL and PBX Analao non-DID Trunks Residential
109.23.1.1.First Line Mechanized URCCU S1.0
109.23.1.1.2 Each Additional Line lMAhanizd URCCY 50.50
109.23.1.1.3 First Lirm i Manual URCCV 515.00
109.23.1..4 Each Additional Une Manual URCCZ l:3.00
109.23.1.2 QLSP'" PBX DID Trunks
109.23.1.2.1 FirslTrunk URCCD 528.84
109.23.1.2.2 Each Additonal 52.73
109.23.1.3 QLSP'" ISDN BRI
109.23.1.3.1 First URCCU S30.66
109.23.1.3.2 Each Additinal 52.73
109.23.2 Installation Norecurrlna Chames
109.23.2.1 QLSP'" Business Centrex PAL and PBX Analao non.DID Trunks Resdental
109.23.2.1.1 Firs Line (Mechanizd NHCRA 550.00
109.23.2.1.2 Each Additional Une Mehanized NHCRC 518,00
109.23.2.1.3 First Line (Manual NHCRB 575.00
109.23.2.1.4 Eac Additional Une Manual NHCRD S20.00
109.23.2.2 QLSP'" Analao DID PBX Trunks S15.21
109.23.2.3 QLSP'" ISDN-BRI S272.96
109.23.3 Qwest AlN Featur"
109.23.3.1 Idaho Nor See Applicable Qw Retil 6
Tart, Catalog or Pnce List
less Discont (which will be
provided pursuant to term
and conditions In CLEC's ICA~.
109.23.3.2 Idaho South See Applicable Qwest Retil 6
Tart, Catalog or Pnce List
less Discunt (which will be
provided puruant to term
and condions in CLEC's ICA).
109.23.4 Qwest Voice Mess..ln.. SArvces
awest Local Servs Platonn TM Agreement QLSp™ Rate Sheet-1.2.3 04.11.08 3
109.23.4.1 Idaho Nort See Applicable Owt RetU
Tari, Cat or Price Lis
le Disnt (which WILL be
prded pursant to tenn
and conditons in CLEC's ICA).
See Aplicble Qwst Retil
Tari, Catlog or Price List
less Discunt (which will be
provided pursuant to terms
and conditions in CLEC's ICA).
6109.23.4.2 Idaho South
112 o eralonal Su ort ms
112.1 Develoments and Enhancement r Local Servce Re uest112.2 On oin 0 erations er Local Servce Re uest
112.3 Daily Usage Record FUe, per Record
All charges and increment
equal the comparable charges
and increments provided in th
Qwest Wholesale PCAT.
!i.Universl Service Order Codes (USOCs) have been provided In an effort to ease item descrpton and USOC assoaton with charges. In the event USOCs are
inaccurate or are revied, Qw reerves the right to corrct the Ra Sheet In the event of any signifcant change(s), notcation will be provided via the standard
See Applicable Qwet Retail Tari, Catlog or Pri List for all charges and incremen.
QLSpTM Business and Residenal sece utilize the same Class of Servce and line Universal Servce Order codes (USOCs). QLSpTM Residental servces will be
biled at the Analog Port rate and only those lines that speifcally qualif for and are identied as servng a reidental end-ur customer by the presence of the
LAWUR USOC wil reeive the Residential end user crdU.
2 QLSpTM serv includes nondiscriminatory access to all vertcal sw feature that are loaded in Owesfs End Ofce Switch. See the PCAT for all compatible and
avaUable vertcal swich features. Only vertcal switch feature with Non-Recurrng, Recurrng, or Per Occurrnce charges are listed. Non-Recurrng charges are
applicable whenever a featre is added - whether on new installation, convion, or change order activit. Those vertcal switch feure not lised have a ra of $0 for
Monthly Recurrng, Non-Recurrng, or Per Occurrnce charges.
3 Reserved for fure use.
4 The Subseuent Order Charge is applicable on a per order basis when changes are requested to exsting service, including changing a telephone number, initating or
removing Suspension or Serice, denying or retoring service, ading, removing, or changing featre, and other similar reues.
QLSpTM ISDN BRI and PBX are "Deign". Remaining QLSpTM servce ar "Nign". All chrges and incrments shall be the sae as the comparable chargés and
increments provided in Owest Retail Tari, Catogs, or Price Lis and are sub to chnge baed on changes in those underlying Qw RetaU Tari, Catalogs, or
Price Lists. In the event a rate changes, notin will be proded via the stndard nocan pr.
6 Where the servce has ben deemed to be a Telecommunication servce, the Disunt will be proded pursuant to CLEC's ICA. Where the servce is not a
Telecmmunications Servce, the discount will be 18%.
Owst Local Services Platfrm ™ Agrement QLSp™ Rate Sheet-V1.2.3 04.11.08
.
.
.
.
4