HomeMy WebLinkAbout20120426Amendment.pdf('IITI IDVI iiii, r t" ii
1600 7th Avenue, Room 1506
Seattle, Washington 98191 '
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(206)733-5178 ar'r
Facsimile 343-4040 (206) 2 i L rtl \ F .. i
Maura E. Peterson hDAH0 Paralegal
Regulatory Law
2 UTILIT US
Via Overnight delivery
April 25, 2012
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 Commission on behalf of Qwest Corporation dlb/a Centurylink
is an original and three (3) copies of the Application for Approval of Amendment to the
Interconnection Agreement. CenturyLink 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.
Sincerely,
Maura E.
mep
Enclosure
cc: Service list
www.centurylink.com
Lisa A. Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: (206) 398-2502
Facsimile: (206) 343-4040
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST CASE NO.: QWE-T-04-30
CORPORATION DIB/A CENTURYLINK
FOR APPROVAL OF AN APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT AMENDMENT TO THE
PURSUANT TO 47 U.S.C. §252(e) INTERCONNECTION AGREEMENT
Qwest Corporation d/b/a CenturyLink ("CenturyLink") hereby files this 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 voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portion(s) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
CenturyLink respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable BullsEye to
interconnect with CenturyLink facilities and to provide customers with increased choices among
local telecommunications services.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
BULLSEYE
QLSP Agreement
CenturyLink further requests that the Commission approve this Amendment without a
hearing. Because this Amendment was reached through voluntary negotiations, it does not raise
issues requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 25th day of Anril. 2012.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
BULLSEYE
QLSP Agreement
CERTIFICATE OF SERVICE
I hereby certify that on this 25th day of April, 2012, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jjewell@puc.state.id.us
David S. Bailey
Vice President-Corporate Development
BullsEye Telecom, Inc.
25925 Telegraph Road, Suite 210
Southfield, Ivil 48033
Hand Delivery
U. S. Mail
X Overnight Delivery
Facsimile
Email
Hand Delivery
X U.S.Mail
Overnight Delivery
Facsimile
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
BULLSEYE
QLSP Agreement
DocuSign Envelope ID: CF28CDBE'2A82-49E0-AA35-262D22E2D141
QWEST LOCAL SERVICES PLATFORM - AGREEMENT
This Qwest Local Services Platform (QLSPTh") 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 "Party" or collectively as the 'Parties"). The undersigned Parties have read and
agree to the terms and conditions set forth in this Agreement.
.4 re't
By:
Name: L. T. Christensen
Title: Director -Wholesale Contracts
Date: 12/23)2010
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620F3091D26F4F7..
W. O4v6.
By: oøcuSIand v wiwam H. obrur,
Name: William H. Oberlin
Title: CEO
Date: 12/23/2010
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation: With cov to:
Director - Interconnection Agreements Qwest Law Department
930 15th Street, 6th Floor Wholesale Interconnection
Denver, CO 80202 1801 California Street, lO Floor
Phone: 303-672-2879 Denver, CO 80202
Fax: 303-672-2713 Phone: 303-383-6553
Email: intagreeawest.corn Email: Legal. Interconnection@kawest.com
CLEC:
David S. Bailey
Vice President - Corporate Development
BullsEye Telecom, Inc.
25925 Telegraph Road, Suite 210
Southfield, Ml 48033
Phone: 248-784-2544
Fax: 248-784-250
Email: dbaiIevbulIseveieiecom.com
APPLICABLE STATES:
X South Dakota
Qwest agrees to offer and CLEC intends to purchase Service in X Utah
the states indicated below by CLEC's signatory initialing (or an
")C) on the applicable blanks. Note: If CLEC chooses to - Washington 7.0 (with Commercial Performance
indicate Washington, CLEC must select only one (1) of the Measures and Reporting, Performance Targets and
Washington Service offerings. CLEC may not change its Service Credits, as described in Section 7.0 of
Washington selection after this Agreement is executed. Attachment 2 to this Agreement); or
•.j._. Arizona X Washington 8.0 (with Service Performance Measures
_._. Colorado and Reporting and Performance Assurance Plan
X Idaho (PID/PAP) for Washington only, as described in Section
X Iowa 8.0 of Attachment 2 to this Agreement).
X Minnesota
X Montana X Wyoming
X Nebraska
_. New Mexico
X North Dakota
X
November 5, 2010/mms/BullsEye Telecom, Inc.
Qwest QLSPIM MSA - (vi O-15-1 0) Page 1 of Ii
(AZ=CDS-101 102-0118); (CO=CDS-101 102-0119); (lA'CDS-1O1 102-0120); (ID'"CDS-101 102-0121); (MN'CDS-101 102-0122);
(MT=CDS-101 102-0123): (NDCDS-101 102-0124); (NE=CDS-101 102-0125); (NMCDS-101 102-0126); (OR=CDS-101 102-0127);
(SD=CDS-101 102-0128); (UTCDS-101 102-0129); (WA=CDS-101 102-0130); (WYCDS-101 102-0136)
WHEREAS, CLEC desires to purchase from Qwest certain combinations of Network Elements, ancillary functions, and additional
features, including without limitation, the local Loop, Port, switching, and Shared Transport.
Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Qwest mutually agree as follows:
1.Definitions. Capitalized terms used herein are defined in
Attachment 1.
2.Effective Date. This Agreement is effective upon the
later of (i) January 4, 2011 or (ii) the date that it is fully executed by all
of the Parties ("Effective Date").
2.1 CLEC's Qwest Platform PlusTm Master Services Agreement,
if any, is terminated immediately upon execution of this Agreement,
and Qwest will provide CLEC local platform services only pursuant to
the terms and conditions of this Agreement The effective billing date
for QLSP services will be the latest date of execution by the Parties.
3.Term. The term of this Agreement begins on the
Effective Date and continues through December 31, 2013. In the
event that at the expiration of this Agreement CLEC has any remaining
Customers served under this Agreement, Qwest may immediately
convert CLEC to an equivalent alternative service at market-based
wholesale rates.
4.Scope of Agreement: Service Provisioning; Controlling
Documents: Change of Law; Eligibility for Services under this
Agreement: Non-Applicability of Change Manaaement Process.
4.1 The Services ("Services") described in this Agreement will
only be provided in Qwest's incumbent LEC service territory in the
states of Arizona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington and Wyoming.
4.2 In the event of a conflict in any term of any documents that
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 Form hereunder.
The Parties agree that the Services offered and purchased under this
Agreement are subject to compliance with Applicable Law and
obtaining any domestic or foreign approvals and authorizations
required or advisable.
4.3 The provisions in this Agreement are intended to be in
compliance with and based on the existing state of Applicable Law,
including but not limited to Federal rules, regulations, and laws, as of
the Effective 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 Owest 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 Party's
ability to perform or obtain a benefit under this Agreement, both Parties
agree to negotiate in good faith such changes as may be necessary to
address such material impairment.
4.5 To receive services under this Agreement, CLEC must be a
certified CLEC under Applicable Law. CLEC may not purchase or
utilize Services covered under this Agreement for its own
administrative use or for the use by an Affiliate.
4.6 Except as otherwise provided in this Agreement, the Parties
agree that Services provided under this Agreement are not subject to
the Qwest Wholesale Change Management Process ("CMP"), Qwest's
Performance Indicators ("PID"), Performance Assurance Plan ("PAP"),
or any other wholesale service quality standards, or liquidated
damages and remedies. Except as otherwise provided, CLEC hereby
waives any rights it may have under the PID, PAP and all other
wholesale service quality standards to liquidated damages, and
remedies with respect to Services provided pursuant to this
Agreement. Any CLEC-proposed changes to the attributes of any
Service or process enhancements will be communicated through the
standard account interfaces. Change requests common to shared
systems and processes subject to CMP will continue to be addressed
via the CMP procedures.
5.CLEC Information. CLEC agrees to work with Qwest in
good faith to promptly complete or update, as applicable, Qwest's
"New Customer Questionnaire" to the extent that CLEC has not
already done so, and CLEC shall hold Qwest harmless for any
damages to or claims from CLEC caused by CLEC's failure to promptly
complete or update the questionnaire.
6.Financial Terms.
6.1 The description of the Service and applicable rates are set
forth in the Attachments hereto and Rate Sheets. The Parties agree
that the referenced rates are just and reasonable.
6.2 Taxes. Fees, and her Governmental Impositions.
All charges for Services provided herein are exclusive of any federal,
state, or local sales, use, excise, gross receipts, transaction or similar
taxes, fees or surcharges ("Tax' or "Taxes"). Taxes resulting from the
performance of this Agreement shall be borne by the Party 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
Party. However, where the selling Party is specifically permitted by
Applicable Law to collect such Taxes from the purchasing Party, such
Taxes shall be borne by the Party purchasing the services. Taxes
shall be billed as a separate item on the invoice in accordance with
Applicable Law. The Party billing such Taxes shall, at the written
request of the Party being billed, provide the billed Party with detailed
information regarding billed Taxes, including the applicable Tax
jurisdiction, rate, and base upon which the Tax is applied. If either
Party (the Contesting Party) contests the application of any Tax
collected by the other Party (the Collecting Party), the Collecting Party
shall reasonably cooperate in good faith with the Contesting Party's
challenge, provided that the Contesting Party pays all reasonable costs
incurred by the Collecting Party. The Contesting Party is entitled to the
benefit of any refund or recovery resulting from the contest, provided
that the Contesting Party has paid the Tax contested. If the
purchasing Party provides the selling Party with a resale or other
exemption certificate, the selling Party shall exempt the purchasing
Party if the selling Party accepts the certificate in good faith. If a Party
becomes aware that any Tax is incorrectly or erroneously collected by
that Party from the other Party or paid by the other Party to that Party,
the Party that received such Tax shall refund the incorrectly or
erroneously collected Tax or paid Tax to the other Party.
6.3 Each Party is solely responsible for any tax on its corporate
existence, status or income and each Party shall be solely responsible
for all taxes on its own business, the measure of which is its own net
income or net worth and shall be responsible for any related tax filings,
payment, protest, audit and litigation. Each Party shall be solely
November 5, 2010/mms/BuIIsEye Telecom, Inc.
Qwest QLSP MSA - (vi 0-15-1 0) Page 2 of 11
(AZ=CDS-1 01102-0118); (CO=CDS-1 01102-0119); (IA=CDS-1 01102-0120); (ID=CDS-1 01102-0121); (MNCDS-101 102-0122);
(MT=CDS-101 102-0123); (ND=CDS-1 01102-0124); (NE=CDS-101 102-0125); (NMCDS-101 102-0126); (ORCDS-101 102-0127);
(SD=CDS-101 102-0128); (UT=CDS-101 102-0129); (WMCDS-101 102-0130); (WYCDS-101 102-0136)
responsible for the billing, collection and proper remittance of all
applicable Taxes relating to its own services provided to its own
Customers.
7. Intellectual Property.
7.1 Except for a license to use any facilities or equipment
(including software) 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, trade secret, or other proprietary interest or
intellectual property, now or hereafter owned, controlled or licensable
by either Party. Neither Party may use any patent, copyright, trade
name, trademark, service mark, trade secret, nor other proprietary
interest or intellectual property, now or hereafter owned, controlled or
licensable by either Party without execution of a separate written
agreement between the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each Party (an Indemnifying Party) shall indemnify and
hold the other Party (an Indemnified Party) harmless from and against
any loss, cost, expense or liability arising out of a claim that the
services provided by the Indemnifying Party provided or used pursuant
to the terms of this Agreement misappropriate or otherwise violate the
intellectual property rights of any third party. The obligation for
indemnification recited in this paragraph shall not extend to
infringement which results from:
A.any combination of the facilities or services of the
Indemnifying Party with facilities or services of any other Person
(including the Indemnified Party but excluding the Indemnifying
Party and any of its Affiliates), which combination is not made by
or at the direction of the Indemnifying Party or is not reasonably
necessary to CLEC's use of the Services offered by Qwest under
this Agreement; or
B.any modification made to the facilities or services of the
Indemnifying Party by, on behalf of, or at the request of the
Indemnified Party and not required by the Indemnifying Party.
7.3 In the event of any claim, the Indemnifying Party may, at its
sole option, obtain the right for the Indemnified Party to continue to use
any infringing facility or service or replace or modify any infringing
facility or service to make such facility or service non-infringing.
7.4 If the Indemnifying Party 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 facility or service is held to be infringing
by a court of competent jurisdiction or the Indemnifying Party
reasonably believes that the facility or service will be held to infringe,
the Indemnifying Party will notify the Indemnified Party 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 further
infringement.
7.5 The Indemnifying Party may request that the Indemnified
Party take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting
modifications to the facilities or services, and such request shall not be
unreasonably denied.
7.6 To the extent required under Applicable Law, Qwest shall
use commercially reasonable efforts to obtain, from its vendors who
have licensed intellectual property rights to Qwest in connection with
Services provided hereunder, licenses under such intellectual property
rights as necessary for CLEC to use such Services as contemplated
hereunder and at least in the same manner used by Owest for the
Services provided hereunder. Qwest shall notify CLEC immediately in
the event that Qwest believes it has used its commercially reasonable
efforts to obtain such rights, but has been unsuccessful in obtaining
such rights. Nothing in this subsection shall be construed in any way
to condition, limit, or alter a Party's indemnification obligations under
Section 7.2, preceding.
7.7. Neither Party shall without the express written permission of the
other Party, state or imply that it is connected, or in any way affiliated
with the other or its Affiliates; it is part of a joint business association or
any similar arrangement with the other or its Affiliates; the other Party
and its Affiliates are in any way sponsoring, endorsing or certifying it
and its goods and services; or with respect to its marketing, advertising
or promotional activities or materials, state or imply that the services
are in any way associated with or originated from the other Party or
any of its Affiliates. In addition, CLEC, including its employees,
representatives and agents, will not state or otherwise indicate, directly
or indirectly, to its end-users or prospective end-users: (a) that they will
be Qwest customers or that they may obtain Qwest service from CLEC
or (b) that CLEC has or the end-user will have any relationship with
Qwest. Without limiting the foregoing, CLEC must not use a name,
trademark, service mark, copyright or any other intellectual property
owned by Qwest or its Affiliates, except that CLEC may communicate
that Qwest is one of the underlying carriers from which CLEC
purchases services if CLEC has obtained the prior written consent of
the Owest Law Department. This is a non-exclusive agreement.
Nothing in this Agreement prevents Qwest from offering to sell or
selling any services to other parties.
7.8 Nothing in this Section prevents either Party from truthfully
describing the Services it uses to provide service to its End User
Customers, provided it does not represent the Services as originating
from the other Party or its Affiliates or otherwise attempt to sell its End
User Customers using the name of the other Party or its Affiliates.
Qwest's name and the names of its affiliates are proprietary and
nothing in this Agreement constitutes 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 Qwest or Qwest's Affiliates 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
inadequate, in addition to other available remedies, the non-breaching
Party may seek injunctive relief.
8. Financial Responsibility. Payment and Security.
8.1 Payment Obligation. Amounts payable under this
Agreement are due and payable within thirty (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 billed on paper, not the date the
electronic delivery occurs. If CLEC fails to make payment on or before
the Payment Due Date, Qwest may invoke all available rights and
remedies.
November 5, 201 0/mms/BullsEye Telecom, Inc.
Qwest QLSP 114 MSA - (vi 0-15-10) Page 3 of 11
(AZ=CDS-101 102-0118); (CO=CDS-101 102-0119); (IA=CDS-101 102-0120); (ID=CDS-101102-012 1); (MNCDS-101102-0122);
(MT=CDS-1 01102-0123); (ND=CDS-1 01102-0124); (NE=CDS-101 102-0125); (NM=CDS-1 01102-0126); (ORCDS-101 102-0127);
(SD=CDS-101 102-0128); (UT=CDS-1 01102-0129); (WA=CDS-1 01102-0130); (WYCDS-101 102-0136)
8.2 Cessation of Order Processing. Qwest may discontinue
processing orders for Services for any breach by CLEC of this
Agreement, including 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 thirty (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 Services on the date specified in the ten (10) business days
notice, and CLEC's non-compliance continues, nothing contained
herein shall preclude Qwest's right to refuse to accept 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, Qwest reserves the right to seek
equitable relief including injunctive relief and specific performance.
8.3 Disconnection. Qwest may disconnect any Services
provided under this Agreement for any breach by CLEC of this
Agreement that is not cured by CLEC in accordance with Section 11
herein, including without limitation, failure by CLEC to make full
payment for such Services, less any good faith disputed amount as
provided for in this Agreement, within sixty (60) Days following the
Payment Due Date provided that Qwest has first notified CLEC in
writing at least ten (10) business days prior to disconnecting Services.
CLEC 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 termination
charges, will become due and payable. If Qwest does not disconnect
CLEC's Service on the date specified in the ten (10) business days
notice, and CLEC's noncompliance continues, nothing contained
herein shall preclude Qwest's right to disconnect any or all Services.
For reconnection of the Service to occur, CLEC will be required to
make full payment of all past and current undisputed charges under
this Agreement for Services and Qwest may require a deposit (or
recalculate the deposit) pursuant to Section 8.5. In addition to other
remedies that may be available at law or equity, Qwest reserves the
right to seek equitable relief, including injunctive relief and specific
performance. Notwithstanding 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 concerning End User
Customer disconnection and notification, provided that, the foregoing is
subject to CLEC's reasonable diligence in effecting such compliance.
8.4 Billing Disputes. Should CLEC dispute, in good faith, and
withhold payment on any portion 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 settle the dispute through informal
means prior to invoking any other rights or remedies.
A. If CLEC disputes charges and does not pay such charges by
the Payment Due Date, such charges may be subject to late
payment charges. If the disputed charges have been withheld
and the dispute is resolved in favor of Qwest, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bill 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 bill for the amount of
the disputed charges and any late payment charges that have
been assessed no later than the second Bill Date after the
resolution of the dispute.
B.If CLEC pays the disputed charges and the dispute is
resolved in favor of Qwest, no furtheraction 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 Billing, usually within two Billing cycles after
the resolution of the dispute, as follows: Qwest will credit the
CLEC's bill 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-forward basis only, beginning
with the date of the dispute.
8.5 Security Deposits. In the event of a material adverse
change in CLEC's financial condition subsequent to the Effective Date
of this Agreement, Qwest may request a security deposit. A "material
adverse change in financial condition" means CLEC is a new CLEC
with no established credit history, or is a CLEC that has not
established satisfactory credit with Qwest, or the Party is repeatedly
delinquent in making its payments, or is being reconnected after a
disconnection of Service or discontinuance of the processing of orders
by Qwest due to a previous failure to pay undisputed charges in a
timely manner or due to the failure by CLEC to cure a breach of this
Agreement in a timely manner. Qwest may require a deposit to be
held as 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 Billing 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 two (2) month period based upon recent Billing. The
deposit may be an irrevocable bank letter of credit, a letter of credit
with terms and conditions acceptable to Owest, or some other form of
mutually acceptable security such as a cash deposit The deposit may
be adjusted by CLEC's actual monthly average charges, payment
history under this Agreement, or other relevant factors, but in no event
will the security deposit exceed five million dollars ($5,000,000.00).
Required deposits are due and payable within thirty (30) Days after
demand and non-payment is subject to the terms and provisions of
Section 8.2 and Section 8.3 of this Agreement
8.6 Interest on Deposits. Any interest earned on cash deposits
will be credited to CLEC in the amount actually earned or at the rate
set forth in Section 8.7 below, whichever is lower, except as otherwise
required by law, provided that, for elimination of doubt, the Parties
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
account or refunded, as appropriate, upon the earlier of the expiration
of the term of this Agreement or the establishment of satisfactory credit
with Qwest, which will generally be one full year of consecutive 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 this
Agreement.
November 5, 2010/mms/BullsEye Telecom, Inc.
Qwest QLSPTm MSA—(vlO-15-10) Page 4 o 11
(AZCDS-101 102-0118); (CO=CDS-1 01102-0119); (lA=CDS-101 102-0120); (IDCDS-101 102-0121); (MNCDS-101102-0122);
(MTCDS-101102-0123); (ND=CDS-1 01102-0124); (NE=CDS-1 01102-0125); (NMCDS-101 102-0126); (OR=CDS-1 01102-0127);
(SDCDS-101 102-0128); (UT=CDS-1 01102-0129); (WA=CDS-1 01102-0130); (WYCDS-101 102-0136)
8.7 Late Payment Charge. If any portion of the payment is
received by Qwest after the Payment Due Date, or if any portion of the
payment is received by Qwest in funds that are not immediately
available, then a late payment charge will be due to Qwest. The late
payment charge is the portion of the payment not received by the
Payment Due Date multiplied by a late factor. The late factor is the
lesser of (i) the highest interest rate (in decimal value) which may be
levied by law for commercial transactions, compounded daily for the
number of Days from the Payment Due Date to and including the date
that the CLEC actually makes the payment to Qwest; or (ii) 0.000407
per Day, compounded daily for the number of Days from the Payment
Due Date to and including the date that the CLEC actually makes the
payment to Qwest.
8.8 CLEC must not remit payment for the Services with funds
obtained through the American Recovery and Reinvestment Act (or
ARRA) or other similar stimulus grants or loans that would obligate
Owest to provide certain information or perform certain functions
unless those functions and obligations are specifically agreed to by the
parties in this Agreement or in an amendment to this Agreement.
9.Conversions. If CLEC is obtaining services from
Qwest under an arrangement or agreement that includes the
application of termination liability assessment (TLA) or minimum period
charges, and if CLEC wishes to convert such services to a Service
under this Agreement, the conversion of such services will not be
delayed due to the applicability of TLA or minimum period charges.
The applicability of such charges is governed by the terms of the
original agreement, Tariff or arrangement Nothing herein will be
construed as expanding the rights otherwise granted by this
Agreement or by law to elect to make such conversions.
10.Customer Contacts. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' service
needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble reports,
repair, post-sale servicing, Billing, 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 Qwest's End User Customers
contacting CLEC will be instructed to contact Qwest. In responding to
calls, neither Party will make disparaging remarks about the other
Party. To the extent the correct provider can be determined,
misdirected calls received by either Party will be referred to the proper
provider of Local Exchange Service; however, nothing in this
Agreement shall be deemed to prohibit Qwest or CLEC from
discussing its products and services with CLEC's or Qwest's End User
Customers who call the other Party.
10.1 In the event Qwest terminates Service to CLEC for any
reason, CLEC will provide any and all necessary notice to its End User
Customers of the termination. In no case will Qwest be responsible for
providing such notice to CLECs End User Customers.
11.Default and Breach. If either Party defaults in the payment
of any amount due hereunder, or if either Party violates any other
material provision of this Agreement and such default or violation
continues for thirty (30) Days after written notice thereof, the other
Party may terminate this Agreement and seek relief in accordance with
any remedy available under this Agreement, including without
limitation, the Dispute Resolution provisions of Section 25 herein and,
in addition to the foregoing, Qwest may cease to accept orders from
CLEC for Services in accordance with Section 8.2 above. The
remedies available to each Party pursuant to this Agreement are not to
be considered exclusive of one another and will be cumulative.
12.Limitation of Liability.
12.1 CLEC's exclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwise limited by this Agreement to outage credits or other
service credits, in which case Qwesf s total liability will not exceed the
aggregate amount of any applicable credits due.
12.2 Except for indemnification and payment obligations under
this Agreement, neither Party 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 Party regardless of the form of action,
whether in contract, warranty, strict liability, tort, including, without
limitation, negligence of any kind and regardless of whether the Parties
know the possibility that such damages could result.
12.3 Nothing contained in this Section shall limit either Party's
liability to the other for willful misconduct, provided that, a Party's
liability to the other Party pursuant to the foregoing exclusion, other
than direct damages, will be limited to a total cap equal to one hundred
per cent (100%) of the annualized run rate of total amounts charged by
Qwest to CLEC under this Agreement.
13.Indemnity.
13.1 The Parties agree that unless otherwise specifically set forth
in this Agreement, the following constitute the sole indemnification
obligations between and among the Parties:
A.Each Party (the Indemnifying Party) agrees to release,
indemnify, defend and hold harmless the other Party and each of
its officers, directors, employees and agents (each, an
Indemnitee) from and against and in respect of any loss, debt,
liability, damage, obligation, claim, demand, judgment or
settlement of any nature or kind, known or unknown, liquidated or
unliquidated including, but not limited to, reasonable costs and
expenses (including attorneys' fees), whether suffered, made,
instituted, or asserted by any Person or entity, for invasion of
privacy, bodily injury or death of any Person or Persons, or for
loss, damage to, or destruction of tangible property, whether or
not owned by others, resulting from the Indemnifying Party's
breach of or failure to perform under this Agreement, regardless
of the form of action, whether in contract, warranty, strict liability,
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 Party arising out of or in connection with
Services provided to the End User Customer by the Party, the
Party whose End User Customer alleged or incurred such claims
or loss (the Indemnifying Party) shall defend and indemnify the
other Party and each of its officers, directors, employees and
agents (each, an Indemnified Party) against any and all such
claims or loss by the Indemnifying Party's End User Customers
regardless of whether the underlying Service was provided or was
provisioned by the Indemnified Party, unless the loss was caused
by the gross negligence or willful misconduct of the Indemnified
Party. The obligation to indemnify with respect to claims of the
Indemnifying Party'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 destruction of tangible
property, 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 Party.
13.2 The indemnification provided herein is conditioned upon the
following:
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(MT=CDS-1 01102-0123); (ND=CDS-101 102-0124); (NE=CDS-1 01102-0125); (NM=CDS-1 01102-0126); (ORCDS-101 102-0127);
(SDCDS-101 102-0128); (UTCDS-101 102-0129); (WA=CDS-1 01102-0130); (WYCDS-101 102-0136)
A.The Indemnified Party will promptly notify the Indemnifying
Party of any action taken against the Indemnified Party relating to
the indemnification. Failure to so notify the Indemnifying Party will
not relieve the Indemnifying Party of any liability that the
Indemnifying Party might have, except to the extent that such
failure prejudices the Indemnifying Party's ability to defend such
claim.
B.If the Indemnifying Party wishes to defend against such
action, it will give written notice to the Indemnified Party of
acceptance of the defense of such action. In such event, the
Indemnifying Party has sole authority to defend any such action,
including the selection of legal counsel, and the Indemnified Party
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifying Party does not
accept the defense of the action, the Indemnified Party has the
right to employ counsel for such defense at the expense of the
Indemnifying Party. Each Party agrees to cooperate with the
other Party in the defense of any such action and the relevant
records of each Party will be available to the other Party with
respect to any such defense.
C.In no event will the Indemnifying Party settle or consent to
any judgment for relief other than monetary damages pertaining
to any such action without the prior written consent of the
Indemnified Party. In the event that the Indemnified Party
withholds consent, the Indemnified Party may, at its cost, take
over such defense; provided that, in such event, the Indemnifying
Party shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnified Party against, any cost or
liability in excess of such refused compromise or settlement.
14.Limited Warranties.
14.1 Each Party will provide suitably qualified personnel to perform its
obligations under this Agreement and provide all Services hereunder in
a good and workmanlike manner and in material 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 Party has the authority to bind the
other by contract or otherwise or make any representations or
guarantees on behalf of the other or otherwise act on the other's
behalf. The relationship arising from this Agreement does not
constitute an agency, joint venture, partnership, employee relationship
or franchise. Qwest is acting as an independent contractor and will
have exclusive control of the manner and means of performing its
obligations. Notwithstanding anything herein to the contrary, Qwest
reserves the right, in its sole discretion, to modify or change the name
of the Services.
16.Assignment.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior written consent of Qwest, which
consent will not be unreasonably withheld. Notwithstanding 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)
and approval by Qwest of CLEC's proposed assignee, CLEC may
assign this Agreement without prior written consent of Qwest to any
Affiliate, successor through merger, or acquirer of substantially all of its
assets; and Qwest may assign this Agreement without prior written
consent to any Affiliate, successor through merger, or acquirer of
substantially all of its business assets; provided that in all cases the
assignee of CLEC or Owest, as applicable, acknowledge in writing its
assumption of the obligations of the assignor hereunder. Any
attempted assignment in violation hereof is of no force or effect and is
void. Without limiting the generality of the foregoing, this Agreement
will be binding as to the Parties' respective successors and assigns.
16.2 In the event that Qwest transfers to any unaffiliated party
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 Owest's responsibilities and obligations under this
Agreement for a period of ninety (90) Days from the effective date of
such transfer or until such later time as the FCC may direct pursuant to
the FCC's then applicable statutory authority to impose such
responsibilities either as a condition of the transfer or under such other
state statutory authority as may give it such power. In the event of
such a proposed transfer, Qwest will use its best efforts to facilitate
discussions between CLEC and the transferee with respect to the
transferee's assumption of Qwest's obligations after the transition
period set forth above in accordance with the terms and provisions of
this Agreement.
17.Reporting Requirements. If reporting obligations or
requirements are imposed upon either Party by any third party or
regulatory agency in connection with this Agreement or the Services,
including use of the Services by CLEC or its End Users, the other
Party agrees to assist that Party in complying with such obligations and
requirements, as reasonably required by that Party.
18.Survival. The expiration or termination of this Agreement
does not relieve either Party of those obligations that by their nature
are intended to survive.
19.Confidentiality! Nondisclosure.
19.1 Neither Party will, without the prior written consent of the
other Party (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 Party or its Affiliates; 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 Party. Consent
may only be given on behalf of a Party by its Legal Department.
However, a Party 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 Party gives the non-disclosing
Party reasonable prior written notice and the receiving Party will
cooperate with the disclosing Party to seek or take appropriate
protective measures and will make such disclosure in a manner to best
protect the Confidential Information from further disclosure.
Notwithstanding the foregoing, if reporting or filing obligations or
requirements are imposed upon Qwest by any third party 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. Qwest's compliance with any regulatory
filing obligation will not constitute a violation of this section. Each Party
will use reasonable efforts to protect the other's Confidential
Information, and will use at least the same efforts to protect such
Confidential Information as the Party would use to protect its own.
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(MT=CDS-101 102-0123); (ND=CDS-1 01102-0124); (NE=CDS-101 102-0125); (NM=CDS-101 102-0126); (OR=CDS-101 102-0127);
(SD=CDS-101 102-0128); (UT=CDS-101102-0129); (WA=CDS-101 102-0130); (WYCDS-101 102-0136)
19.2 All Confidential Information will remain the property of the
disclosing Party. A Party who receives Confidential Information via an
oral communication may request written confirmation that the material
is Confidential Information. A Party who delivers Confidential
Information via an oral communication may request written
confirmation that the Party receiving the information understands that
the material is Confidential Information. Each Party has the right to
correct an inadvertent failure to identify information as Confidential
Information by giving written notification within thirty (30) Days after the
information is disclosed. The receiving Party will from that time
forward, treat such information as Confidential Information.
19.3 Upon request by the disclosing Party, the receiving Party will
return all tangible copies of Confidential Information, whether written,
graphic or otherwise, except that the receiving Party may retain one
copy for archival purposes.
19.4 Each Party will keep all of the other Party's Confidential
Information confidential and will disclose it on a need to know basis
only. Each Party will use the other Party's Confidential Information
only in connection with this Agreement and in accordance with
Applicable Law. Neither Party will use the other Party's Confidential
Information for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in writing. If
either Party loses, or makes an unauthorized disclosure of, the other
Party's Confidential Information, it will notify such other Party
immediately and use reasonable efforts to retrieve the information.
19.5 Effective Date of this Section. Notwithstanding any other
provision of this Agreement, the Confidential Information provisions of
this Agreement apply to all information furnished by either Party to the
other in furtherance of the purpose of this Agreement, even if furnished
before the Effective Date.
19.6 Each Party agrees that the disclosing Party could be
irreparably injured by a breach of the confidentiality obligations of this
Agreement by the receiving Party or its representatives and that the
disclosing Party is entitled to seek equitable relief, including injunctive
relief and specific performance in the event of any breach of the
confidentiality provisions of this Agreement. Such remedies are not
the exclusive remedies for a breach of the confidentiality provisions of
this Agreement, but are in addition to all other remedies available at
law or in equity.
the FCC or state regulatory authorities for approval or regulatory
review, the filing Party shall provide written notice to the other Party of
the existence of such lawful, binding order so that the other Party may
seek an injunction or other relief from such order. In addition, the filing
Party 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 concerning this
Agreement will be in writing and will be sufficiently given if delivered
personally, delivered by prepaid overnight express service, sent by
facsimile with electronic confirmation, or sent by certified mail, return
receipt requested, or by email where specified in this Agreement to
Qwest and CLEC at the addresses shown on the cover sheet of this
Agreement. Notwithstanding anything herein to the contrary, Qwest
may provide notice via email or by posting to Qwest's website without
duplicate written notification for: (v) marketing notices; (w) notices
provided under Section 8; (x) rate change notices; or (y) notices
regarding changes in maintenance windows.
23.Force Maieure. Neither Party shall be liable for any delay
or failure in performance of any part of this Agreement from any cause
beyond its control and without its fault or negligence including, without
limitation, acts of nature, acts of civil or military authority, government
regulations, embargoes, epidemics, terrorist acts, riots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, power blackouts, volcanic action, other major
environmental disturbances, or unusually severe weather conditions
(each, a Force Majeure Event). Inability to secure products or services
of other Persons or transportation facilities or acts or omissions of
transportation carriers shall be considered Force Majeure Events to
the extent any delay or failure in performance caused by these
circumstances is beyond the Party's control and without that Party's
fault or negligence. The Party affected by a Force Majeure Event shall
give prompt notice to the other Party, 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 efforts 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
19.7 Nothing herein should be construed as limiting either Party's choice-of-law principles, governs all matters arising out of, or relating
rights with respect to its own Confidential Information or its obligations to, this Agreement.
with respect to the other Party's Confidential Information under Section
222 of the Act. 25. Dispute Resolution.
20.Waiver. Except as otherwise provided herein, neither 25.1 The Parties will attempt in good faith to resolve through
Party's failure to enforce any right or remedy available to it under this negotiation any dispute, claim or controversy arising out of, or relating
Agreement will be construed as a waiver of such right or a waiver of to, this Agreement. Either Party may give written notice to the other
any other provision hereunder. Party of any dispute not resolved in the normal course of business.
Each Party will, within seven (7) Days after delivery of the written
21.Regulatory Approval. Each Party reserves its rights with notice of dispute, designate a vice-president level employee or a
respect to whether this Agreement is subject to Sections 251 and 252 representative with authority to make commitments to review, meet,
of the Act. In the event the FCC, a state commission or any other and negotiate, in good faith, to resolve the dispute. The Parties intend
governmental authority or agency rejects or modifies any material that these negotiations be conducted by non-lawyer, business
provision in this Agreement, whether by direct action or by virtue of representatives, and the locations, format, frequency, duration, and
generic proceedings, including without limitation, any pricing terms, conclusions of these discussions will be at the discretion of the
either Party may immediately upon written notice to the other Party representatives. By mutual agreement, the representatives may use
terminate this Agreement in whole or in part, including without other procedures to assist in these negotiations. The discussions and
limitation, with respect to Service in any state. In the event a Party correspondence among the representatives for the purposes of these
exercises its right to terminate pursuant to this Section 21, the other negotiations will be treated as Confidential Information developed for
Party agrees to consent to any regulatory approvals necessary to purposes of settlement, and will be exempt from discovery and
disconnect any circuits provided pursuant to this Agreement and production, and are not admissible in any subsequent proceedings
further agrees to provide any required notice to affected customers without the concurrence of both Parties.
within five (5) business days of such notice. If a Party is required by a
lawful, binding order to file this Agreement or a provision thereof with 25.2 If the designated representatives have not reached a
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(MT=CDS-101 102-0123); (ND=CDS-1 01102-0124); (NE=CDS-1 01102-0125); (NM=CDS-iOi 102-0126); (ORCDS-101 102-0127);
(SD=CDS-ioi 102-0128); (UT=CDS-iOi 102-0129); (WA=CDS-1 01102-0130); (WYCDS-101 102-0136)
resolution of the dispute within fifteen (15) Days after the written notice
(or such longer period as agreed to in wilting by the Parties), then
either Party may commence a civil action. Any action will be brought in
the United States District Court for the District of Colorado if it has
subject matter jurisdiction over the action, and shall otherwise be
brought in the Denver District Court for the State of Colorado. The
Parties agree that such courts have personal jurisdiction over them.
25.3 Waiver of Jury Trial and Class Action. Each Party, to the
extent permitted by law, knowingly, voluntarily, and intentionally waives
its right to a trial by jury and any right to pursue any claim or action
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
25.4 No cause of action regardless of the form of action, arising
out of, or relating to this Agreement, may be brought by either Party
more than two (2) years after the cause of action arises.
26. Headings. The headings used in this Agreement are for
convenience only and do not in any way limit or otherwise affect the
meaning of any terms of this Agreement.
27. Authorization. Each Party 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 authorized
to execute this Agreement on that Party's 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 Party is bound or affected; and
D.each Party may act in reliance upon any instruction,
instrument, or signature reasonably believed by it to be authorized
and genuine.
28. Third Party Beneficiaries. The terms, representations,
warranties and agreements of the Parties set forth in this Agreement
are not intended for, nor will they be for the benefit of or enforceable
by, any third party (including, without limitation, CLEC's Affiliates and
End Users).
29. Insurance. Each Party shall at all times during the term of
this Agreement, at its own cost and expense, carry and maintain the
insurance coverage listed below with insurers having a "Best's" rating
of B+XllI with respect to liability arising from its operations for which
that Party has assumed legal responsibility in this Agreement. If a
Party or its parent company has assets equal to or exceeding
$10,000,000,000, that Party may utilize an Affiliate captive insurance
company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Party is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Section, to the extent its affiliated Party
fails to meet such obligations.
29.3"All Risk" Property coverage on a full replacement cost basis
insuring all of such Party's personal property situated on or within the
Premises.
29.4 Each Party 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 Party as an additional insured under
commercial general liability coverage;
B.indicate that coverage is primary and not excess of, or
contributory with, any other valid and collectible insurance
purchased by such Party; and
C.acknowledge severability of interest/cross liability coverage.
30.Communications Assistance Law Enforcement Act of
14. Each Party represents and warrants that any equipment,
facilities or Services provided to the other Party under this Agreement
comply with the CALEA. Each Party will indemnify and hold the other
Party harmless from any and all penalties imposed upon the other
Party for such noncompliance and will at the non-compliant Party's
sole cost and expense, modify or replace any equipment, facilities or
Services provided to the other Party under this Agreement to ensure
that such equipment, facilities and Services fully comply with CALEA.
31.Entire Agreement. This Agreement (including all
Attachments, Rate Sheets, and other documents referred to herein)
constitutes the full and entire understanding and agreement between
the Parties with regard to the subjects of this Agreement and
supersedes any prior understandings, agreements, or representations
by or between the Parties, written or oral, including but not limited to,
any term sheet or memorandum of understanding entered into by the
Parties, to the extent they relate in any way to the subjects of this
Agreement. Notwithstanding the foregoing, certain elements used in
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 otherwise modify those terms and
conditions.
32.Proof of Authorization.
32.1 Each Party 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 Party will make POAs available to the other Party upon
request. In the event of an allegation of an unauthorized change or
unauthorized service in accordance with Applicable Law, the Party
charged with the alleged infraction shall be responsible for resolving
such claim, and it shall indemnify and hold harmless the other Party for
any losses, damages, penalties, or other claims in connection with the
alleged unauthorized change or service.
29.1 Workers' Compensation with statutory limits as required in
the state of operation and Employers' Liability insurance with limits of
not less than $100,000 each accident.
29.2 Commercial General Liability insurance covering claims for
bodily injury, death, personal injury or property damage, including
coverage for independent contractor's protection (required if any work
will be subcontracted), products and/or completed operations and 33.2 In order to maintain and modernize the network properly,
contractual liability with respect to the liability assumed by each Party Qwest may make necessary modifications and changes to its network
hereunder. The limits of insurance shall not be less than $1,000,000 on an as needed basis. Such changes may result in minor changes to
each occurrence and $2,000,000 general aggregate limit, transmission parameters. Network maintenance and modernization
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(MTCDS-101 102-0123); (ND=CDS-1 01102-0124); (NE=CDS-1 01102-0125); (NMCDS-101 102-0126); (OR=CDS-1 01102-0127);
(SDCDS-101 102-0128); (UT=CDS-101 102-0129); (WA=CDS-101 102-0130); (WYCDS-101 102-0136)
33. General Terms.
33.1 Owest will provide general repair and maintenance services
on its facilities, including those facilities supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Qwest.
activities will result in transmission parameters that are within
transmission limits of the Service ordered by CLEC. Qwest will provide
advance notice of changes that affect network lnteroperability pursuant
to applicable FCC rules.
33.3 Network Security.
1.any Environmental Hazard that the Indemnifying Party,
its contractors or agents introduce to the work locations; or
2.the presence or release of any Environmental Hazard
for which the Indemnifying Party is responsible under
Applicable Law.
A.Protection of Service and Property. Each Party will exercise B. In the event any suspect materials within Qwest-owned,
the same degree of care to prevent harm or damage to the other operated or leased facilities are identified to CLEC by Qwest to be
Party and any third parties, its employees, agents or End User asbestos containing, CLEC will ensure that to the extent any
Customers, or their property as it employs to protect its own activities which it undertakes in the facility disturb such suspect
employees, agents, End User Customers and property, , but in no materials, such CLEC activities will be in accordance with
case less than a commercially reasonable degree of care. Applicable Law, including without limitation, applicable local, state
and federal environmental and health and safety statutes and
B.Each Party is responsible to provide security and privacy of regulations. Except for abatement activities undertaken by CLEC
communications. This entails protecting the confidential nature of or equipment placement activities that result in the generation of
Telecommunications transmissions between End User Customers asbestos-containing material, CLEC does not have any
during technician work operations and at all times. Specifically, responsibility for managing, nor is it the owner of, nor does it have
no employee, agent or representative shall monitor any circuits any liability for, or in connection with, any asbestos-containing
except as required to repair or provide Service of any End User material. Qwest agrees to immediately notify CLEC if Qwest
Customer at any time. Nor shall an employee, agent or undertakes any asbestos control or asbestos abatement activities
representative disclose the nature of overheard conversations, or that potentially could affect CLEC personnel, equipment or
who participated in such communications or even that such operations, including, but not limited to, contamination of
communication has taken place. Violation of such security may equipment.
entail state and federal criminal penalties, as well as civil
penalties. CLEC is responsible for covering its employees on
such security requirements and penalties.
C.The Parties' networks are part of the national security
network, and as such, are protected by federal law. Deliberate
sabotage or disablement of any portion of the underlying
equipment used to provide the network is a violation of federal
statutes with severe penalties, especially in times of national
emergency or state of war. The Parties are responsible for their
employees with respect to such security requirements and
penalties.
D.Qwest shall not be liable for any losses, damages or other
claims, including, but not limited to, uncollectible or unbillable
revenues, resulting from accidental, erroneous, malicious,
fraudulent or otherwise unauthorized use of Services or facilities
('Unauthorized Use"), whether or not such Unauthorized Use
could have been reasonably prevented by Qwest, 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. Owest will provide necessary construction
only to the extent required by Applicable Law.
33.5. Individual Case Basis Requests. CLEC may request
additional Services not specified in this Agreement and Qwest will
consider such requests on an Individual Case Basis.
33.6. Responsibility For Environmental Contamination.
A. Neither Party shall be liable to the other for any costs
whatsoever resulting from the presence or release of any
Environmental Hazard that either Party did not introduce to the
affected work location. Each Party shall defend and hold
harmless the other Party and its respective officers, directors and
employees from and against any losses, damages, claims,
demands, suits, liabilities, fines, penalties and expenses
(including reasonable attorneys' fees) that arise out of or result
from:
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(MT=CDS-1 01102-0123); (ND=CDS-1 01102-0124); (NE=CDS-101 102-0125); (NM=CDS-101 102-0126); (OR=CDS-1 01102-0127);
(SD=CDS-101 102-0128); (IJT=CD5-1 01102-0129); (WA=CDS-101 102-0130); (WYCDS-101 102-0136)
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
ATTACHMENT 1- DEFINITIONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as
amended.
"Advanced Intelligent Network" or "AIN" is a Telecommunications network
architecture in which call processing, call routing and network management
are provided by means of centralized databases.
"Affiliate" means a Person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the term 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 percent.
"Automatic Location Identification" or "ALl" is the automatic display at the
Public Safety Answering Point of the caller's telephone number, the
address/location of the telephone and supplementary emergency services
information for Enhanced 911 (E91 1).
"Applicable Law" means all laws, statutes, common law including, but not
limited to, the Act, the regulations, rules, and final orders of the FCC, a
state regulatory authority, and any final orders and decisions of a court of
competent jurisdiction reviewing the regulations, rules, or orders of the
FCC or a state regulatory authority.
"Bill Date" means the date on which a Billing period ends, as identified on
the bill.
"Billing" involves the provision of appropriate usage data by one
Telecommunications Carrier to another to facilitate Customer Billing with
attendant acknowledgments and status reports. It also involves the
exchange of information between Telecommunications Carriers to process
claims and adjustments.
"Carrier" or "Common Carrier" See Telecommunications Carrier
"Central Office" means a building or a space within a building where
transmission facilities or circuits are connected or switched.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C.
Section 332 and FCC rules and orders interpreting that statute.
"Communications Assistance for Law Enforcement Act" or "CALEA" refers
to the duties and obligations of Carriers 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 Party knows or has reason to know is
confidential, proprietary, or trade secret information of the disclosing Party;
and/or (b) is of such a nature that the receiving Party should reasonably
understand that the disclosing Party desires to protect such information
against unrestricted disclosure. Confidential Information will not include
information that is in the public domain through no breach of this
Agreement by the receiving Party or is already known or is independently
developed by the receiving Party.
"Customer" means the Person purchasing a Telecommunications Service
or an information service or both from a Carrier.
"Day" means calendar days unless otherwise specified.
"Demarcation Point" is defined as the point at which the LEC ceases to
own or control Customer Premises wiring including without limitation inside
wiring.
"Directory Assistance Database" contains only those published and non-
listed telephone number listings obtained by Qwest from its own End User
Customers and other Telecommunications Carriers.
"Directory Assistance 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 party retail Customer that subscribes
to a Telecommunications Service provided by either of the Parties or by
another Carrier or by two (2) or more Carriers.
"Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental Response
Compensation and Liability Act, Superfund Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
Occupational Safety and Health Act and provisions with similar purposes in
applicable foreign, state and local jurisdictions) or (ii) poses risks to human
health, safety or the environment (including, without limitation, indoor,
outdoor or orbital space environments) and is regulated under any
Applicable Law.
"FCC" means the Federal Communications Commission.
"lnterexchange Carrier" or "IXC" means a Carrier that provides lnterLATA
or IntraLATA Toll services.
"Line Information Database" or "LIDB" stores various telephone line
numbers and Special Billing Number (SBN) data used by operator services
systems to process and bill Alternately Billed Services (ABS) calls. The
operator services system accesses LIDB data to provide originating line
(calling number), Billing number and terminating line (called number)
information. LIDB is used for calling card validation, fraud prevention,
Billing or service restrictions and the sub-account information to be
included on the call's Billing record. Telcordia's GR-446-CORE defines the
interface between the administration system and LIDB including specific
message formats (Telcordia's TR-NWP-000029, Section 10).
"Line Side" refers to End Office 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,
answering machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carrier" or "LEC" means any Carrier that is engaged in
the provision of Telephone Exchange Service or Exchange Access. Such
term does not include a Carrier 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
distribution frame (or its equivalent) in a Qwest Central Office and the Loop
Demarcation Point at an End User Customer's Premises
"Local Service Request" or "LSR' means the industry standard forms and
supporting documentation used for ordering local services.
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(MT=CDS-101 102-0123); (ND=CDS-101 102-0124); (NE=CDS-101 102-0125); (NMCDS-101 102-0126): (OR=CDS-101 102-0127);
(SD=CDS-101 102-0128); (UT=CDS-1 01102-0129); (WA=CDS-1 01102-0130); (WYCDS-101 102-0136)
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
ATTACHMENT 1- DEFINITIONS
"Miscellaneous Charges" mean charges that Qwest may assess in addition
to recurring and nonrecurring rates set forth in the Rate Sheet, for activities
CLEC requests Qwest to perform, activities CLEC authorizes, or charges
that are a result of CLEC's actions, such as cancellation charges,
additional labor and maintenance. Miscellaneous Charges are not already
included in Qwest's recurring or nonrecurring rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Network Element" is a facility or equipment used in the provision of
Telecommunications Service or an information service or both. It also
includes features, functions, and capabilities that are provided by means of
such facility or equipment, including subscriber numbers, databases,
signaling systems, and information sufficient for Billing and collection or
used in the transmission, routing, or other provision of a
Telecommunications Service or an information service or both, as is more
fully described in this Agreement.
"Operational Support Systems" or "OSS" mean pre-ordering, Provisioning,
maintenance, repair and billing 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 trunk connection point, including a line card and
associated peripheral equipment, on a Central Office Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilities connected to the Central Office Switch. Each
Line Side Port is typically associated with one or more telephone numbers
that serve as the Customer's network address.
"Premises" refers to Qwest's Central Offices and Serving Wire Centers; all
buildings or similar structures owned, leased, or otherwise controlled by
Qwest that house its network facilities; all structures that house Owest
facilities on public rights-of-way, including but not limited to vaults
containing Loop concentrators or similar structures; and all land owned,
leased, or otherwise controlled by Qwest that is adjacent to these Central
Offices, Wire Centers, buildings and structures.
"Proof of Authorization" or "PDX shall consist of verification of the End
User Customer's selection and authorization adequate to document the
End User Customer's selection of its local service provider and may take
the form of a third party verification format.
"Provisioning" involves the exchange of information between
Telecommunications Carriers where one executes a request for a set of
products and services from the other with attendant acknowledgments and
status reports.
"Public Switched Network" includes all Switches and transmission facilities,
whether by wire or radio, provided by any Common Carrier including LECs,
lXCs and CMRS providers that use the North American Numbering Plan in
connection with the provision of switched services.
"Serving Wire Center" denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a particular
Customer Premises.
"Shared Transport" is defined as local interoffice transmission facilities
shared by more than one Carrier, including Qwest, between End Office
Switches, between End Office Switches and Tandem Switches (local and
Access Tandem Switches), and between Tandem Switches within the
Local Calling Area, as described more fully in this Agreement.
"Switch" means a switching device employed by a Carrier within the Public
Switched Network. Switch includes but is not limited to End Office
Switches, Tandem Switches, Access Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End Office/Tandem Switches.
"Switched Access Traffic," as specifically defined in Qwest's interstate
Switched Access Tariffs, is traffic that originates at one of the Party'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 Party's End User
Customers, whether or not the traffic transits the other Party's network.
"Tariff" as used throughout this Agreement refers to Qwest interstate
Tariffs and state Tariffs, price lists, and price schedules.
"Telecommunications Carrier" means any provider of Telecommunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Act). A
Telecommunications Carrier shall be treated as a Common Carrier under
the Act only to the extent that it is engaged in providing
Telecommunications Services, except that the FCC shall determine
whether the provision of fixed and mobile satellite service shall be treated
as common carriage.
"Telecommunications Services" means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilities used.
"Telephone Exchange Service" means a Service within a telephone
exchange, or within a connected system of telephone exchanges within the
same exchange area operated to furnish to End User Customers
intercommunicating Service of the character ordinarily 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 facilities (or combinations thereof) by which a
subscriber can originate and terminate a Telecommunications Service.
'Trunk Side" refers to Switch connections that have been programmed to
treat the circuit as connected to another switching entity.
'Wire Center" denotes a building or space within a building that serves as
an aggregation point on a given Carrier's network, where transmission
facilities are connected or switched. Wire Center can also denote a
building where one or more Central Offices, used for the provision of basic
exchange Telecommunications Services and access Services, are located.
Terms not otherwise 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 defined in the Act, or its implementing orders or rules, are
intended to include the definition as set forth in the Act and the rules
implementing the Act.
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(MT=CD5-101 102-0123); (ND=CDS-101 102-0124); (NE=CDS-101 102-0125); (NM=CDS-101 102-0126); (ORCDS-101 102-0127);
(SDCDS-101 102-0128); (UT=CDS-1 01102-0129); (WA=CDS-101 102-0130); (WYCDS-101 102-0136)
QWEST LOCAL SERVICES PLATFORM® AGREEMENT
ATTACHMENT 2—QLSP® Service Description
1.0 Qwest will provide Qwest Local Services Platform®
("QLSP®") Services according to the terms and conditions
set forth in the QLSP Agreement between the Parties (the
"Agreement") and in this Attachment 2 to the Agreement,
which is incorporated into and made a part of the Agreement
(this "Attachment"). Except as otherwise set forth in this
Attachment, capitalized terms used but not otherwise
defined herein have the definitions assigned to them in the
Agreement. CLEC may use QLSP Services to provide any
Telecommunications Services, information services (or both)
that CLEC chooses to offer to the extent that such services
are granted herein or not limited hereby.
1.1 General QLSP Service Description.
1.1.1 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Advanced
Intelligent Network ("AIN") Services, e.g., remote access
forwarding, and Qwest Voice Messaging Services ("VMS")
may also be purchased with compatible QLSP Services.
These Network Elements will be provided in compliance with
all Telcordia and other industry standards and technical and
performance specifications to allow CLEC to combine the
QLSP Services with a compatible voicemail product and
stutter dial tone. Qwest will provide access to 911
emergency services and directory listings in accordance 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 RLT) 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, Owest combines the Network
Elements that make up QLSP Service with analog/digital
capable Loops, with such Loops (including services such as
line splitting) being provided in accordance with the rates,
terms and conditions of the CLEC's ICAs. CLEC may also
purchase Qwest Commercial High Speed Internet (HSl)
Service (also known as Qwest Digital Subscriber Line®
(DSL)), under a separate Services agreement, to be used
with compatible QLSP Service.
1.1.2 QLSP Service is available in six different service
arrangements, each of which is described more fully below:
QLSP Residential; QLSP Business; QLSP Centrex
(including Centrex 21, Centrex Plus and, in Minnesota only,
Centron); QLSP ISDN BRI; QLSP Public Access Lines
("PAL"); QLSP PBX Analog DID and non-DID (one way and
two way) trunks.
1.1.3 Nothing in this Attachment or the Agreement
precludes Qwest from withdrawing availability of
comparable, functionally equivalent services from its retail
end user customers. In the event of such withdrawal or
discontinuation, Qwest may also withdraw availability of the
equivalent QLSP Service.
1.2 Combination of QLSP Service with Loops. Except as
described below, the Loop will be provided by Qwest under
the applicable ICAs in effect between Qwest and CLEC at
the time the order is placed. As part of the QLSP Service,
Qwest will combine the Local Switching and Shared
Transport Network Elements with the Loop.
1.2.1 Pursuant to the order issued by the FCC
pertaining to the availability of Unbundled Network Element
("UNE") Loops under Section 251(c)(3) of the Act in its
Report and Order-Petition of Qwest Corporation for
Forbearance Pursuant to 47 U.S.C. § 160(c) in the Omaha
Metropolitan Statistical Area, FCC 05-170, WC Docket No.
04-223, (effective September 16, 2005), Qwest will provide
to CLEC the Loop element of QLSP Services purchased in
the following nine Omaha Nebraska Wire Centers under the
terms and conditions of the Agreement and this Attachment
at Rates provided in the Rate Sheet: Omaha Douglas;
Omaha Izard Street; Omaha 90th Street; Omaha Fort Street;
Omaha Fowler Street; Omaha 0 Street; Omaha 78th Street;
Omaha 135th Street; and Omaha 156th Street.
1.2.2 The following QLSP Service types will be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(including Centrex 21); Centrex Plus; Centron in Minnesota
only; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP Residential.
1.2.3 QLSP PBX Analog 2-Way DID Trunks will be
combined with 4 wire loops.
1.3 Local Switching. The Local Switching Network Element
("Local Switching") is collectively the Line Side and Trunk
Side facilities in the local serving Qwest end office Switch
which provides the basic switching function, the port, plus
the features, functions, and capabilities of the switch
including all compatible, available, and loaded vertical
features (e.g., anonymous call rejection) that are loaded in
that switch. Vertical features are software attributes on end
office Switches and are listed on the Qwest wholesale
website. Qwest signaling is provided with Local Switching
solely as described in Section 1.4.2 of this Attachment. The
following Local Switching ports are available with QLSP
Service: Analog Line Ports, Digital Line Ports Supporting
Basic Rate Interface—Integrated Services Digital Network
("BRI ISDN"), and Analog Trunk Ports.
1.3.1 Analog Line Port. Line Port attributes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detection; audible and power ringing;
Automatic Message Accounting (AMA Recording); and
blocking options.
1.3.2 Digital Line Port Supporting BRI ISDN. BRI ISDN
is a digital architecture that provides integrated voice and
data capability (2 wire). A BRI ISDN Port is a Digital 2B+D
(2 Bearer Channels for voice or data and I Delta Channel for
signaling and D Channel Packet) Line Side Switch
connection with BRI ISDN voice and data basic elements.
For flexibility and customization, optional features can be
added. BRI ISDN Port does not offer B Channel Packet
service capabilities. The serving arrangement conforms to
the internationally developed, published, and recognized
standards generated by International Telegraph and
Telephone Union (formerly CCITT).
1.3.3 Analog Trunk Port. DSO analog trunk Ports can be
configured as DID, DOD, and two-way.
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.
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Attachment 2– QLSP® - (v8-20-1 0)
(AZ=CDS-1 01102-0118); (CO=CDS-1 01102-0119); (IA=CDS-1 01102-0120); (ID=CDS-1 01102-0121); (MN=CDS-1 01102-0122);
(MT=CDS-1 01102-0123); (ND=CDS-1 01102-0124); (NE=CDS-1 01102-0125); (NM=CDS-1 01102-0126); (OR=CDS-1 01102-0127);
(SD=CDS-1 01102-0128); (UT=CDS-1 01102-0129); (WA=CDS-1 01102-0130); (WYCDS-101 102-0136)
QWEST LOCAL SERVICES PLATFORM® AGREEMENT
ATTACHMENT 2—QLSP® Service Description
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Office. For 2-Wire service, the trunks are
converted at the End User Customers location.
1.3.3.3. Two-way analog DID trunks are capable of
initialing out going calls, and may be equipped with
either rotary or touch-tone (DTMF) for this purpose.
When the trunk is equipped with DID call transfer
feature, both the trunk and telephone instruments
must be equipped with DTMF.
1.3.3.4 Two-way analog DID trunks 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 Qwest to the PBX will be
handled as a special assembly request on an
Individual Case Basis.
1.3.4 Usage. Local Switching Usage is billed on a
Minute of Use ("MOU" basis as described within this
Attachment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
1.4 Vertical Features and Ancillary Functions and Services.
1.4.1 QLSP Service includes nondiscriminatory access to
all vertical features that are loaded in the Local serving
Qwest end office switch.
1.4.2 Local Switching includes use of Qwest's signaling
network (ISUP call set-up) solely for Local Traffic. "Local
Traffic" and "Local Calls" means calls that originate and
terminate within the Local Calling Area as defined in the
Qwest tariff. Qwest will provide service control points in the
same manner, and via the same signaling links, as Qwest
uses such service control points and signaling links to
provide service to its End User Customers served by that
switch. Qwesrs call related databases include the Line
Information Database (LIDB), Intemetwork Calling Name
Database (ICNAM), 8XX Database for toll free calling, AIN
Databases, and Local Number Portability Database. CLEC
will not have access to Qwest's AIN-based services that
qualify for proprietary treatment, except as expressly
provided for in the Agreement or this Attachment. Local
Switching does not include use of Qwest's signaling network
for Toll Traffic. "Toll Traffic" and "Toll Calls" means intra local
access and transport area (LATA") or interLATA calls that
originate and terminate outside of the Local Calling Area as
defined in the Qwest tariff. For all Toll Traffic originated by
or terminated to CLEC's QLSP End User Customer, Qwest
may bill applicable tariff charges, including SS7 message
charges [ISDN User Part (ISUP) and Transaction
Capabilities Application Part (TCAP)], to the lnterexchange
Carrier (IXC) or other wholesale SS7 provider.
1.4.3 ICNAM and LIDB. CLEC will have non-
discriminatory access to Qwest's LIDB database and ICNAM
database as part of the delivery of QLSP Service.
1.4.4 The LIDB database contains the following data:
various telephone line numbers and special billing number
(SBN) data; originating line (calling number); billing number
and terminating line (called number) information; calling card
validation; fraud prevention; Billing or service restrictions;
sub-account information to be included on the call's Billing
record; and calling card, billed to third number, and collect
call information used in processing Alternately Billed
Services (ABS).
1.4.5 The ICNAM database is used with certain end
office Switch features to provide the calling party's name to
CLEC's End User Customer with the applicable feature
capability. The ICNAM database contains current listed
name data by working telephone number served or
administered by Qwest, including listed name data provided
by other Telecommunications Carriers participating in
Qwest's calling name delivery service arrangement
1.4.6 Qwest will provide the listed name of the calling
party that relates to the calling telephone number (when the
information is actually available in Qwest's database and the
delivery is not blocked or otherwise limited by the calling
party or other appropriate request).
1.4.7 For CLEC's QLSP End User Customers, Qwest
will load and update CLEC's QLSP End User Customers'
name information into the LIDB and ICNAM databases from
CLEC's completed service orders. CLEC is responsible for
the accuracy of its End User Customers' information.
1.4.8 Qwest will exercise reasonable efforts to provide
accurate and complete LIDB and ICNAM information. The
information is provided on an as-is basis with all faults.
Qwest does not warrant or guarantee the correctness or the
completeness of such information; however, Qwest will
access the same database for CLEC's QLSP End User
Customers as Qwest accesses for its own End User
Customers. Qwest will not be liable for system outage or
inaccessibility or for losses arising from the authorized use of
the data by CLEC.
1.4.9 Qwest will not charge CLEC for the storage of
CLEC's QLSP End User Customers' information in the LIDB
or ICNAM databases.
1.5 Shared Transport and Toll.
1.5.1 Shared Transport. The Shared Transport
Network Element ("Shared Transport") provides the
collective interoffice transmission facilities shared by various
Carriers (including Qwest) between end-office switches and
between end-office switches and local tandem switches
within the Local Calling Area. Shared Transport uses the
existing routing tables resident in Qwest switches to carry
the End User Customers originating and terminating
local/extended area service interoffice Local traffic on the
Qwest interoffice message trunk network. CLEC traffic will
be carried on the same transmission facilities between end-
office switches, between end-office switches and tandem
switches and between tandem switches on the same
network facilities that Qwest uses for its own traffic. Shared
Transport does not include use of tandem switches or
transport between tandem switches and end-office switches
for Local Calls that originate from end users served by non-
Qwest Telecommunications Carriers ('Carrier(s)") which
terminate to QLSP End Users.
1.5.2 Originating Toll Calls from, and terminating Toll
Calls to, QLSP End Users will be delivered to/from the
designated lXCs from the Qwest end-office switches and
access tandems. Use of access tandem switches are not
November 5, 201 0/mms/BullsEye Telecom, Inc.
Attachment 2— QLSP® - (v8-20-1 0) 2
(AZ=CDS-1 01102-0118); (CO=CDS-101 102-0119); (lA=CDS-101 102-0120); (lD=CDS-101 102-0121); (MN=CDS-101 102-0122);
(MT=CDS-101 102-0123); (ND=CDS-1 01102-0124); (NE=CDS-101 102-0125); (NM=CDS-1 01102-0126); (OR=CDS-101 102-0127);
(SD=CDS-1 01102-0128); (UT=CDS-1 01102-0129); (WA=CDS-1 01102-0130); (WYCDS-101 102-0136)
QWEST LOCAL SERVICES PLATFORM® AGREEMENT
ATTACHMENT 2-01_SP® Service Description
1.6
included in the Agreement or this Attachment and access
tandem charges, if any, may be billed by Qwest to the IXC(s)
under the applicable access tariff.
1.5.3 IntraLATA and InterLATA Carrier Designation.
QLSP includes the capability for selection of the interLATA
and intraLATA Toll provider(s) on a 2-Primary lnterexchange
Carrier (PlC) basis. CLEC will designate the PlC
assignment(s) on behalf of its End User Customers for
interLATA and intraLATA Services. All CLEC initiated PlC
changes will be in accordance with all Applicable Laws, rules
and regulations. Qwest will not be liable for CLEC's
improper PIG change requests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Qwest does not
authorize CLEC to offer, request, or select Qwest LPIC 5123
service to CLEC's End User Customers for intraLATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwest LPIC 5123 to CLEC's End User
Customers, Owest will bill CLEC and CLEC will pay Qwest
the rates contained or referenced in the attached Rate
Sheet.
1.5.5 Usage. Shared Transport is billed on a MOU
basis as described within this Attachment. Rates for
"Shared Transport Usage" or "Shared Transport MOUs" are
provided in the QLSP Rate Sheet
QLSP Service Arrangement Descriptions.
1.6.1 QLSP Business is available to CLEC for CLEC's
business End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's lCAs, except for those
Loops that are otherwise provided for in the Agreement.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Services
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 otherwise 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
QLSP Residential. The Conversion NRC(s) provided in
the Rate Sheet will apply.
of an analog Line Side Port and Shared Transport provided
under the Agreement with an analog - 2 wire voice grade
Loop provided in accordance with CLEC's ICAs, except for
those Loops that are otherwise provided for in the
Agreement.
1.6.5 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
ICA5, except for those Loops that are otherwise
provided for in the Agreement.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 2 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in the Agreement.
1.6.5.3 PBX with analog 2- way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog —4 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in the Agreement.
1.6.6 QLSP Residential is available to CLEC for CLEC's
residential End User Customers and is the 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
otherwise provided for in the Agreement QLSP Residential
may be ordered and provisioned only for residential End
User Customer application. The definition of residential
service is the same as in Qwest's retail tariffs as applied to
Qwest's End User Customers.
1.6.6.1 In order for CLEC to receive QLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must identify
residential end users by working telephone number
(WTN) utilizing the LSR process as described in the
Qwest wholesale website.
Additional Terms and Conditions and Service Features. 2.0
2.1 Qwest does not warrant the availability of facilities at any
serving wire center. QLSP Services will not be available if
facilities are not available. Qwest represents and warrants
that it will not otherwise restrict facilities eligible to provide
QLSP Service and that any and all facilities that would
otherwise be available for retail service to a Qwest End User
Customer will be considered eligible for use by CLEC for
QLSP Service to serve that same End User Customer.
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
1.6.4 QLSP PAL is available to CLEC for only CLEC's either LIPS or GST. Unless specifically requested otherwise,
Prn,nhr,n rui,' Pm.iej~re 1PPc\ a nd is the combination Qwest provisions POTS Services as LPS. GST is generally
IF V •"
November 5, 201 0/mms/BullsEye Telecom, Inc.
Attachment 2— QLSP® - (v8-20-1 0)
(AZCDS-101 102-0118); (CO=CDS-1 01102-0119); (IA=CDS-101 102-0120); (IDCDS-101 102-0121); (MN=CDS-1 01102-0122);
(MT=CDS-1 01102-0123); (ND=CDS-101 102-0124); (NE=CDS-1 01102-0125); (NM=CDS-1 01102-0126); (OR=CDS-1 01102-0127);
(SDCDS-1 01102-0128); (UT=CDS-1 01102-0129); (WA=CDS-1 01102-0130); (WYCDS-101 102-0136)
1.6.2.2 Qwest will provide access 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 ICA5, 2.2
except for those Loops that are otherwise provided for in the
Agreement.
QWEST LOCAL SERVICES PLATFORM® AGREEMENT
ATTACHMENT 2—QLSP® Service Description
provisioned for Private Branch Exchange ("PBX") type
services. LPS/GST Changes allow the CLEC to request a
facility served by LPS to be changed to GST or vice versa.
Additional information and ordering requirements are
detailed on the Qwest Wholesale website.
2.2.1 The Subsequent Order Charge provided in the
QLSP Rate Sheet and the Qwest retail Tariff nonrecurring
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, will be added to service orders
requesting LPS/GST Changes.
2.3 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.
2.3.1 Qwest will provide to CLEC Local Call usage
information within Qwests control with respect to calls
originated by or terminated to CLEC QLSP End User
Customers in the form of the actual information that is
comparable to the information Qwest uses to bill its own End
User Customers.
2.3.2 Qwest will provide to CLEC usage information
necessary for CLEC to bill for interLATA and intraLATA
exchange access to the IXC (excluding intraLATA usage
information if Qwest LPIC 5123 is selected as the intraLATA
Toll provider) in the form of either the actual usage or a
negotiated or approved surrogate for this information, as
such billing is described and allowed under section 3.7 of
this Attachment. These exchange access records will be
provided as Category 11 EMI records via the DUF.
2.3.3 Qwest will provide DUF records for the following:
all usage occurrences billable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrupt (BLI);
originating local usage; usage sensitive CLASS features;
and Qwest-provided intraLATA toll.
2.3.4 Local Call usage records will be provided as
Category 01 or Category 10 EMI records via the DUF.
Terminating Local Call usage records are not collected or
available and will not be provided.
2.4 Feature and interLATA or intraLATA PlC changes or
additions for QLSP, will be processed concurrently with the
QLSP order as specified by CLEC.
2.5 Access to 911/E911 emergency Services for CLEC's End
User Customers will be available in accordance with CLEC's
ICAs. If Qwest is no longer obligated to provide access to
911/E911 emergency services in accordance with 47 U.S.C.
§251, Qwest 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.
2.6 Qwest AIN and VMS are offered on a commercial basis and
may be purchased with QLSP at the rates set forth in the
attached Rate Sheet Retail promotions may not be
combined with QLSP.
2.7 If Qwest develops and deploys new local switch features for
its End User Customers, those switch features will be
available with QLSP Service in the same areas and subject
to the same limitations. The rates that Qwest charges for
such new local switch features will not in any case be higher
than the retail rate Owest charges for such features.
2.8 Nothing in the Agreement alters or affects CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
2.9 Qwest Operator Services and Directory Assistance Services
are provided under the terms and conditions of CLEC's
ICAs.
3.0 Rates and Charges.
3.1 The recurring ("MRC") and NRC rates for QLSP Services
and all associated QLSP applicable usage-based rates and
miscellaneous charges are set forth or incorporated by
reference into the attached QLSP Rate Sheets. Rates for
QLSP Services are in addition to the applicable rates for
elements and Services provided under CLEC's ICA5.
Applicable intercarrier compensation rates and charges
(such as access 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 Effective Date through Term. Starting on the
Effective Date of the Agreement, rates for the Service will be
those provided or referenced in the attached Rate Sheet.
The MRC5 for the switch port will be adjusted annually,
effective January 1 of each year through the term of the
Agreement. CLEC is eligible for and will receive discounts
on the Basic Plan switch port MRC5 if it meets the volume
plans described below. Discounts are not cumulative and
Qwest will apply the highest discount rate for which CLEC
qualifies. Basic Plan MRCs will apply if CLEC does not
qualify for any discount
3.2.1 90% YOY Volume Retention Plan: If the
number of CLEC's QLSP total lines as of October 31 of
each year equals or exceeds 90% of the sum of
CLEC's QLSP total lines as of October 31 of the
preceding year, CLEC will qualify for a 10% discount off
of the Business Port and a 2% discount off of the
Residential Port MRCs applicable during the next
calendar year.
3.2.4 115% YOY Volume Growth Plan: If the
number of CLEC's total QLSP lines as of October 31 of
each year equals or exceeds 115% of the sum of
CLEC's total QLSP lines as of October 31 of the
preceding year, and the YOY line increase is equal to
or greater than one thousand five hundred (1,500)
QLSP lines, CLEC will qualify for a 30% discount off of
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 number
November 5, 201 0/mms/BuIIsEye Telecom, Inc.
Attachment 2— QLSP® - (v8-20-10) 4
(AZCDS-101 102-0118); (CO=CDS-101 102-0119); (IA=CDS-101 102-0120); (ID=CDS-101 102-0121); (MN=CDS-101 102-0122);
(MT=CDS-1 01102-0123); (ND=CDS-1 01102-0124); (NECDS-101102-0125); (NM=CDS-101 102-0126); (ORCDS-101102-0127);
(SD=CDS-101 102-0128); (UTCDS-101 102-0129); (WACDS-101 102-01 30); (WYCDS-101 102-01 36)
QWEST LOCAL SERVICES PLATFORM® AGREEMENT
ATTACHMENT 2—QLSP® Service Description
of CLEC's QLSP tines as of October 31, 2009 compared to including but not limited to flat rate transport charges, in
CLEC's total number of QLSP tines as of October 31, 2010 accordance with the applicable Tariff
in order to calculate CLEC's discount eligibility on January 4,
2011. Each subsequent adjustment will be effective on each 3.8 Local Switching Usage and Shared Transport Minute of
January 1 during the term of the Agreement. Use (MOU) This section describes te use of the Qwest
network for different call types originated by or terminated to
3.4 Except as otherwise provided herein, the Loop element QLSP End Users. This section does not affect QwesVs
combined with a QLSP Service will be provided in rights to charge lXCs for signaling as described in Section
accordance with CLEC's ICAs with Qwest at the rates set 1.4.2 of this Attachment.
forth in those ICA5.
3.4.1 Loops provided under the Agreement. Upon
thirty (30) Days notice via the standard commercial
notification process, Qwest may change monthly recurring
charges for the Omaha, Nebraska Loop elements provided
under the Agreement. Additionally, notwithstanding the
rates reflected in the Nebraska QLSP Rate Sheet, the
Parties understand and agree that Qwest has the right to
adjust commercial port rates in Nebraska after the Nebraska
PSC issues a final order related to Application No.
C-35541P1-1 12 and CLEC's continued use of any Services in
Nebraska constitutes its acceptance of such updated rates.
3.5 CLEC will be responsible for billing its QLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statute, regulation or as otherwise
required.
3.6 CLEC will pay Qwest the PIG change charge associated with
CLEC End User Customer changes of interLATA or
intraLATA Carriers. Any change in CLEC's End User
Customers' interLATA or intraLATA Carrier must be
requested by CLEC on behalf of its End User Customer.
3.7 Intercarrier Compensation. Except as specifically
described in this Section, the Agreement does not change or
amend applicable intercarrier compensation arrangements
(including but not limited to Switched Access, Signaling, or
Transit charges) between any parties, including between
Qwest and Carriers or IXCs.
3.7.1 Switched Access. For QLSP End User
Customer(s), Qwest will not charge to or collect from the IXC
usage based end office and loop Switched Access charges
(such as Switched Access Local Switching, End Office
Shared 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.
3.7.2 Signaling. Qwest retains its rights to charge IXC5
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as LIDB,
ICNAM and 8XX) associated with interLATA and intraLATA
Toll Calls originated by or terminated to a QLSP End User
under the applicable Tariff.
3.7.3 Transit. For any call originated by an end user
served by a Carrier that routes through Qwest's network and
which terminates to a QLSP End User, Qwest retains its
rights to bill the originating Carrier Transit charges for that
call under the originating Carrier's Agreement.
3.7.4 Other. Qwest retains its rights to bill lXCs or other
Carriers, as applicable, any and all other access charges
and assessments not expressly addressed in this section,
3.8.1 Originating IntraOffice Local Calls - This
originating Local Call requires switching by the local serving
Qwest end office 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 Carrier, Qwest may pay that Carrier certain terminating
compensation charges under terms and conditions of a
separate ICA.
3.8.2 Originating InterOffice Local Calls. This
originating Local Call requires switching by the local serving
Qwest end office and other interoffice switching for Local
traffic. 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 Carrier, Qwest may pay that Carrier certain
terminating compensation charges under terms and
conditions of a separate ICA
3.8.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local serving Qwest end office.
If the QLSP End User's selected IXC does not have direct
trunking to the local serving Qwest end office, Shared
Transport is required to deliver that call to the Access
Tandem for delivery to the IXC. When this call type is
originated by a QLSP end user, Local Switch Usage
provided in the QLSP Rate Sheet applies. Additionally, if
Shared Transport is necessary to deliver the call to the
Access Tandem, Shared Transport Usage charges provided
in the QLSP Rate Sheet will apply. For these call types that
require Shared Transport, Owest retains its rights to bill the
IXC for Tandem elements under the Tariff.
3.8.4 Terminating IntraOffice and InterOffice Local
Calls. This terminating Local Call requires switching by the
local serving Qwest end office and in certain instances other
interoffice switching within the Local Calling area. When a
call is terminated to a QLSP end user, no charges will apply
under QLSP. For these call types that originate from an end
user served by a Carrier, Qwest retains its rights to bill that
Carrier certain Transit charges as described in Section 3.7
above.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
Call always requires switching by the local serving Qwest
end office. If the originating caller's IXC does not have direct
trunking to the QLSP end user's local serving Qwest end
office switch, Shared Transport is required to terminate the
call to the receiving QLSP end user. When this call type is
terminated to a QLSP end user, Local Switch Usage
charges provided in the Rate Sheet will apply. Additionally,
if Shared Transport is necessary to deliver the call to the
QLSP end user from the access tandem, Shared Transport
November 5, 2010/mms/BullsEye Telecom, Inc.
Attachment 2— QLSP® - (v8-20-1 0) 5
(AZ=CDS-1 01102-0118); (CO=CDS-1 01102-0119); (IA=CDS-1 01102-0120); (IDCDS-101 102-0121); (MN=CDS-1 01102-0122);
(MT=CDS-1 01102-0123); (ND=CDS-1 01102-0124); (NE=CDS-1 01102-0125); (NMCDS-101 102-0126); (OR=CDS-1 01102-0127);
(SD=CDS-1 01102-0128); (UT=CDS-1 01102-0129); (WA=CDS-1 01102-0130); (WYCDS-101 102-0136)
QWEST LOCAL SERVICES PLATFORM® AGREEMENT
ATTACHMENT 2—QLSP® Service Description
Usage charges provided in the Rate Sheet will apply. For bill its End Users or other Carriers (including Qwest), Qwest
these call types that require Shared Transport, Qwest retains will work with CLEC in good faith to deliver such information.
its rights to bill the IXC for Tandem elements under the
Tariff. 6.0 Maintenance and Repair.
3.8.6 Originating Toll Calls when QC is the
IntraLATA Toll provider. See Section 1.5.4 above.
3.9 Qwest will have a reasonable amount of time to implement
system or other changes necessary to bill CLEC for rates or
charges associated with QLSP Services
3.10 QLSP Services have a one-month minimum service period
requirement for each CLEC End User Customer. The one-
month minimum service period is the period of time that
CLEC is required to pay 100% of the MRC for the Service
even it CLEC does not retain Service for the entire month.
QLSP Services are billed month to month and will after the
one month minimum service period is satisfied be pro-rated
for partial months based on the number of days Service was
provided.
3.11 The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing service,
including changing a telephone number, initiating or
removing suspension of Service, denying or restoring
service, adding, removing or changing features, and other
similar requests.
4.0 Systems and Interlaces.
4.1 Qwest and CLEC will support the use of current OSS
interfaces and OSS business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time.
4.2 QLSP Services are ordered utilizing the LSR process as
described in the Qwest wholesale website.
4.3 Prior to placing an order on behalf of each End User
Customer, CLEC will be responsible for obtaining and will
have in its possession a Proof of Authorization as set forth in
the Agreement.
4.4 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 bill 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.
4.5 The Parties will provide each other with points of contact for
order entry, problem resolution, repair, and in the event
special attention is required on service request.
5.0 Qwest will bill CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Billing period, in an
agreed upon standard electronic format Billing information
will include a summary bill and individual End User
Customer sub-account information. If CLEC needs
additional or different billing information in order to properly
6.1 Qwest will maintain facilities and equipment that comprise
the QLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Owest facilities or equipment, other than by
connection or disconnection to any interface between Qwest
and the End User Customer, without the written consent of
Qwest.
6.2 Qwest will provide general repair and maintenance Services
on its facilities, including those facilities supporting QLSP
Services purchased by CLEC. Qwest will repair and restore
any equipment or any other maintainable component that
adversely impacts CLEC's use of QLSP Service. Qwest and
CLEC will cooperate with each other to implement
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).
7.1 Each Party will provide suitably qualified personnel to
perform its obligations under the Agreement and all QLSP
Services in a timely and efficient manner with diligence and
care, consistent with the professional standards of practice
in the industry, and in conformance with Applicable Law.
The QLSP Service attributes and process enhancements are
not subject to the Change Management Process ('CMP").
CLEC proposed changes to QLSP Service attributes and
process enhancements will be communicated through the
standard account interfaces. Change requests common to
shared systems and processes subject to CMP will continue
to be addressed via the CMP procedures.
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 (F005) On Time; (b) Installation
Commitments Met; (c) Order Installation Interval; (d) Out of
Service Cleared within 24 Hours; (e) Mean Time to Restore;
and (t)Trouble Rate.
7.3 Commercial measurement definitions, methodologies,
performance targets and reporting requirements are set forth
in Attachment 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 Service after January 4, 2011.
7.4 CLEC will be entWed to service credits only for each
instance of a missed installation commitment and each
instance of an out of service condition that is not cleared
within 24 hours occurring after January 4, 2011. All service
credits will be applied automatically by Qwest as credit
against CLEC's bill for the billing 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. Any
November 5, 201 0/mms/BullsEye Telecom, Inc.
Attachment 2— QLSP® - (v8-20-10)
(AZCDS-101 102-0118); (CO=CDS-1 01102-0119); (IA=CDS-1 01102-0120); (lD=CDS-101 102-0121); (MN=CDS-101 102-0122);
(MT=CDS-1 01102-0123); (ND=CDS-1 01102-0124); (NE=CDS-1 01102-0125); (NM=CDS-1 01102-0126); (ORCDS-101 102-0127);
(SD=CDS-101102-0128); (UTCDS-101102-0129); (WA=CDS-1 01102-0130); (WYCDS-101102-0136)
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
accordance with CMP, PID, PAP or any other wholesale
service quality standards will no longer be applied beginning
the first full month after January 4, 2011.
7.4.1 Installation Commitments Met. For each
installation commitment that Qwest, through its own
fault, fails to meet, Qwest will provide a service credit
equal to 100% of the nonrecurring charge for that
installation. Qwest will use the state installation
nonrecurring charge contained in the Agreement for
that order type in calculating the credit. The definition
of a "missed installation commitment" and the
associated exclusions are described in Attachment 3 to
the Agreement.
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Owest, through its
own fault, fails to resolve within 24 hours, Qwest will
provide a service credit equal to one day's recurring
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 two times the monthly recurring charge
divided by 30).
8.0 Service Performance Measures and Reporting and
Performance Assurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selected by CLEC as indicated
on the Signature Page to the Agreement).
8.1 If selected by CLEC under the terms and conditions of the
Agreement and this Attachment, Qwest will, in Washington
only, provide performance measurements, reporting, and
remedies compliant with the Washington Performance
Indicator Definitions ('PID5") and the Qwest Washington
Performance Assurance Plan ("PAP") for the Services, if
eligible, provided under the Agreement and this Attachment.
Only in the state of Washington, and only if expressly
selected by CLEC under the terms and conditions of the
Agreement and this Attachment, does this PID and PAP
replace, in their entirety, the Commercial Performance
Measures and Reporting, Performance Targets and Service
Credits terms and conditions for Services provided under the
Agreement and this Attachment outlined in Section 7.0 of
this Attachment
8.2 The PIDs and PAP for Washington in their current form are
posted in the Owest Wholesale PCAT, currently called
Negotiations Template Agreement PCAT, under Exhibit B
and Exhibit K for Washington, respectively. Those PID5 and
that PAP are incorporated by referenced into, and made a
part of, this Attachment. Subsequent changes to the PID5 or
PAP submitted to the WUTC will be incorporated into the
applicable exhibit as soon as they are effective either by
operation of law or WUTC order, whichever occurs first and
without further amendment to this Attachment.
8.3 To select the Service Performance Measures and Reporting
and Performance Assurance Plan (PID/PAP) option, CLEC
must be a certified CLEC under applicable state rules and
have elected the PlO and PAP under its Washington
interconnection agreement with Qwest.
8.4 Eligible QLSP Services will be included in the UNE-P PAP
results beginning the first full month following the Effective
Date of the Agreement.
8.5 Notwithstanding the dispute resolution provisions in the
Agreement, the Parties will resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution process described in the PAP.
November 5, 201 0/mms/BullsEye Telecom, Inc.
Attachment 2— QLSP® - (v8-20-10)
(AZ=CDS-1 01102-0118); (CO=CDS-1 01102-0119); (IA=CDS-1 01102-0120); (IDCDS-101 102-0121); (MNCDS-101 102-0122);
(MT=CDS-1 01102-0123); (ND=CDS-1 01102-0124); (NE=CDS-1 01102-0125); (NMCDS-101 102-0126); (OR=CDS-1 01102-0127);
(SD=CDS-1 01102-0128); (UT=CDS-1 01102-0129); (WA=CDS-1 01102-0130); (WYCDS-101 102-0136)
ATTACHMENT 3
Performance Targets for Qwest QLSPTM Service
ATTACHMENT 3- Performance Targets for Owest QLSP 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., EDI 997 transactions are not included.)
• For FOC-1 A, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwest's 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 Qwest's 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 will 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 Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional level.
Individual CLEC • FOC-IA: FOCs provided for fully electronic LSRs received via IMA-
GUI or IMA-EDI
FOC-1 B: FOCs provided for electronic/manual LSRs received via
aMA-GUI or IMA-EDI
Formula:
FOC-IA = {[Count of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR
received date/time (based on scheduled up time))" is within 20 minutes] -- (Total Number of
original FOC Notifications transmitted for the service category in the reporting period)} x 100
FOC-1 B = {[Count of LSRs for which the original FOC's "(FOC Notification Date & Time) - (Application
Date & Time)" is within the intervals specified for the service category involved] ~ (Total
Number of original FOC Notifications transmitted for the service category in the reporting
period)} x 100
ATTACHMENT 3- Performance Targets for Qwest QLSPTM Service Page 2
Exclusions:
• LSRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the
"Performance Targets" section below, or service/request types, deemed to be projects.
• Hours on Weekends and holidays. (Except for FOC-IA, which only excludes hours outside the
scheduled system up time.)
• LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements.
• Records with invalid product codes.
• Records missing data essential to the calculation of the measurement per the measure definition.
• Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to
disallow duplicate LSR #'s.)
• Invalid start/stop dates/times.
Product Reporting: Performance Target:
FOC-IA 95% within 20 minutes
QLSP-POTS
FOC-1 B 95% within standard FOC
intervals(specified below)
Standard FOC Intervals
Product Group NOTE I FOC
Interval
QLSP-POTS (1-39 lines) FOC-IA:20
Minutes
FOC-! B24
hrs24hrs
Availability:
Performance will 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
product type are considered ICB.
ATTACHMENT 3- Performance Targets for Qwest QLSP Service
Page 3
1CM-I - Installation Commitments Met
Purpose:
Evaluates the extent to which Qwest installs services for Customers by the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
• All inward orders (Change, New, and Transfer order types) assigned a due date by 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 C orders
representing inward activity (with "I" and "T" action coded line USOCs). Also included are orders with
customer-requested due dates longer than the standard interval.
Completion date on or before the Applicable Due Date recorded by 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 Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional level.
Individual CLEC • Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
1CM-IA Dispatches (Includes within MSA and outside MSA); and
1CM-I B No dispatches.
• Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
1CM-IC Interval Zone I 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 Performance Target:
MSA-Tvoe:
QLSP-POTS QLSP-POTS (Dispatch and No Dispatch) 95%
Zone-Type:
Availability:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month 's
reporting).
Notes:
ATTACHMENT 3- Performance Targets for Qwest QLSPTM Service Page 5
Oil-I - Order Installation Interval
Purpose:
Evaluates the timeliness of QwesVs installation of services for CLECs, focusing on the average time to
install service.
Description:
Measures the average interval (in business days) between the application date and the completion
date for service orders accepted and implemented.
• Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all 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. NOTE 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 any, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE 1
Reporting Period: One month Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional level.
Individual CLEC • Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
OIl-IA Dispatches (Includes within MSA and outside MSA); and
Oil-lB No dispatches.
• Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
OIl-I C 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 official company services.
• Records with invalid due dates or application dates.
• Records with invalid completion dates.
• Records with invalid product codes.
• Records missing data essential to the calculation of the measurement per the measure definition.
• Orders involving individual case basis (ICB) handling based on quantities of lines or orders
deemed to be projects.
ATTACHMENT 3- Performance Targets for Qwest QLSPTM Service Page 6
Product Reporting: I
MSA-Type - Reported As:
QLSP-POTS Average business days
Zone-Type -
Performance Target:
QLSP-POTS (Dispatched) 6 Days
QLSP-POTS (No Dispatch) 3.5 Days
Availability: Notes:
1. According to this definition, the Applicable Due Date can
Performance will be change, per successive CLEC-initiated due date changes or
measured beginning in the
first full month of QLSP
service (for the following
delays, up to the point when a Qwest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(i.e., with no further changes) as the date on which it was set
month's reporting). 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 QLSPTM Service Page 7
00524-1 - Out of Service Cleared within 24 Hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (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 (i.e., unable to place or receive calls), subject to exclusions
specified below.
• Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
Reporting Period: One month Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional level.
Individual CLEC • Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
00S24-IA Dispatches (Includes within MSA and outside MSA); and
0OS24-1 B No dispatches.
• Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
00S24-IC Interval Zone 1 and Interval Zone 2 areas.
Formula:
[(Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) I (Total Number of Out of Service Trouble Reports closed in the reporting period)] x 100
Exclusions:
• Trouble reports 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.
ATTACHMENT 3- Performance Targets for Qwest QLSPTM Service
Page 8
Product Reporting: Performance Targets:
MSA-Type -
• QLSP POTS Dispatch and Non-Dispatch 90%
Zone-TyDe -
Availability: Notes:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3- Performance Targets for Qwest QLSPTM Service Page 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 Unit of Measure: Hours and Minutes
Reporting: Disaggregation Reporting: Regional level.
Individual CLEC • Results for product/services listed in Product Reporting under "MSA Type
Disaggregation' will be reported according to orders involving:
MTTR-IA Dispatches (Includes within MSA and outside MSA); and
MTTR-1 B No dispatches.
• Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
MTTR-IC Interval Zone I 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.
ATTACHMENT 3 - Performance Targets for Qwest QLSPTM Service
Page 10
Product Reporting: Performance Target:
MSA-Tvoe - QLSP-POTS (No Dispatch) 5 Hours
QLSP-POTS QLSP-POTS (Dispatched) 14 Hours
Zone-Type -
S
Availability: Notes:
Performance will be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
ATTACHMENT 3- Performance Targets for Qwest QLSPTM Service
Page 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
only service-affecting.
Reporting Period: One month Unit of Measure: Percent
Reporting Individual CLEC Disaggregation Reporting: Regional level.
Formula:
[(Total number of trouble reports closed in the reporting period involving the specified service
grouping) ~ (Total number of the specified services that are in service in the reporting period)] x 100
Exclusions:
• Trouble reports coded as follows:
- For products measured from 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 missing data essential to the calculation of the measurement per the measure definition.
ATTACHMENT 3- Performance Targets for Qwest QLSPTM Service Page 12
Product Reporting: Performance Target:
MSA Type:
• QLSP-POTS J_Diagnostic
Zone Type: I
•
Availability: Notes:
Performance will be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
ATTACHMENT 3- Performance Targets for Qwest QLSPTM Service
Page 13
Qwest Local Services Plafform (QLSP) Rate Page - Idaho
[--..--.A 'jAil eI,.-,. ..k T..,.*
109.8 Shared Transport Purchased As Part of QLSP'
108.8.1 QLSP Residential. Business, and PAL in ID-S (Per MOU) _________ $0.0011100
109.8.2 QLSP Centrex, ISDN BRI, PAL in ID-N, and PBX Analog Trunks (Per line/trunk) UGUST $0.35
109.11 Local SwItching Purchased As Part of QLSP
109.11.1 Porte, Basic Plan
109.11.1.1 Analog Port ________ $6.21
109.11.1.2 Residential end user credit LAWUR ($3.07)
109.11.1.3 Effective QLSP Residential Analog Port _________ $3.14
109.11.1.4 Digital Port (Supporting BRI ISDN) ________ $17.40
109.11.1.5 PBX DID Port _______ $7.30
109.11.2 Intentionally Blank
109.11.3 Ports, If 90% YOY Volume Retention Plan Requirements Are Met
109.11.3.1 Analog Port _________ $5.59
109.11.3.2 Analog Port. Residential end user credit LAWUR ($2.51)
109.11.3.3 Effective QLSP Residential Analog Port ________ $3.08
109.11.3.4 DigItal Port (Supporting BRI ISDN) _________ $17.40
109.11.3.5 PBX DID Port _________ $7.30
109.11.4 Intentionally Blank
109.11.5 Ports, If 115% YOY Volume Growth Plan Requirements Are Met
109.11.5.1 Analog Port _________
109.11.5.2 Analog Port. Residential end user credit I.AWUR ($1.40)
109.11.5.3 Effective QLSP Residential Analog Port _________ $2.95
109.11.5.4 Digital Port (Supporting BRI ISDN) _________ $17.40
109.11.5.5 PBX DID Port _________ $7.30
109.11.6 Intentionally Blank
109.11.7 Local Switch Usage
109.11.7.1 QLSPm Residential, Business, and PAL in ID-S (Per MOU)
109.11.7.2 QLSP Centrex, ISDN BRI. PAL in ID-N. and PBX Analog Trunks (Per Line/Trunk)
_________ $0001343
UGUFM $1.13
109.11.8 SwItch Features -
109.11.8.1 Account Codes - per System AZ8PS $750 -
109.11.8.2 Attendant Access Line, per Station Line DZR - $10.00 -
109.11.8.3 Audible Message Waiting MGN. $120 -
109.11.8.4 Authorization Codes,- per System AFYPS,,,.....,.,, $85.00 -
109.11.8.5 Automatic Line ETVPB $80 -
109.11.8.6 Automatic Route Selection - Common EquiDment. per System F5GPG $2200.00 -
109.11.8.7 Call Drop FID ONLY -
109.11.8.8 Call Exclusion - Automatic NXB 'jQ $50 -
109.11.8.9 Call Exclusion - Manual NA FID
N)__
$5.0
109.11.8.10 Call Forwarding Busy Line - Incoming Only 69B1X $5.0 -
109.11.8.11 Call Forwarding Don't Answer Incoming Only 69A - $50 -
109.11.8.12 Call Forwarding: Busy Line! Don't Answer Programmable Service Establishment SEPIFA,,.,_.. $50.0 -
109.11.8.13 Call Forwarding: Don't Answer! Call Forwarding Busy Customer Programmable, per Line IFSW $100 -
109.11.8.14 Call Waiting Indication,- per Timing State WILIT - $25.00 -
109.11.8.15 Centrex Common Equipment HYE. HYS $160.00 -
109.11.8.16 CLASS - Call Trace, Per Occurrence NO USOC $04 -
109.11.8.17 CLASS - Continuous Radial NSS - $ 0.00 -
109.11.8.18 CLASS - LastCall Return NSQ - $10 -
109.11.8.19 CLASS - Priority Calling NSK $10-00 -
109.11.8.20 CLASS - Selective Call Forwarding NCE - $10.00 -
109.11.8.21 CLASS - Selective Call Rejection FKQPN,_ . -
109.11.8.22 Direct Station Selection / Busy Lamp Field. per Arrangement BUD_
109.11.8.23 Directed Call Pickup with Barge-in 61VID_
109.11.8.24 Directed Call Pickup without Barge-in 69D
109.11.8.25 Distinctive Ring/Distinctive Call Waiting RNN_
109.11.8.26 Expensive Route Warning Tone, per System AQWPS $
109.11.8.27 Group Intercom GCN_
109.11.8.28 Hot Line, per Line HLN, HLA $8
109.11.8.29 Hunting: Multiposition Hunt Queuing MH5 $80 -
109.11.8.30 Hunting: Multioosition with Announcement in Queue MHWL_,_...... $5.0 -
109.11.8.31 Hunting: Multiposition with Music in Queue MOJj $1001)
109.11.8.32 ISDN Short Hunt NHGPG,
HQ)j,_
$10.0
109.11.8.33 Loudspeaker Paging, per Trunk Group PTQP
109.11.8.34 Make Busy Arrangements. ocr Group - 9AEX,P9 $20 -
109.11.8.35 Make Busy Arrangements, per Line MSL $10 -
109.11.8.36 Message Center. per Main Station Line MFR $8 -
109.11.8.37 Message Waiting Visual kFI
109.11.8.38 Music On Hold, per System MHHPS
- 109.11.8.39 Privacy Release K7KPK -
109.11.8.40 Query Time QT1PK......,,,,,,,
109.11.8.41 SMDR-P - ArchivedData SR7CX $300.00 -
109.11.8.42 SMDR-P - Service Establishment Charge, Initial Installation
SEPSR-
SEPSP, $1
- -
109.11 43 Station Camp-On Service, per Main Station CPK.....,,_..,.
109.11 44 Time of Day Control for ARS. ocr System ATBPS $125.00 -
109.11 45 Time of Day NCOS Update A4T
109.11 46 Time of Day Routing, per Line
109.11.6.47 Trunk Verification from Designated Station BVS $100.00 -
109.11.8.48 UCD in Hunt Group, per Line MHM
109.11.8.49 Premium Port Features- Additional Charge ________ $2.08 -
109.11.8.49.1 CMS - System Establishment - Initial Installation MB5XX $1000.01' -
109.11.8.492 CMS - System Establishment, Subsequent Installation (PV)NO $500.00 -
109.11.8.49.3 CMS - Packet Control Capability, per System PTGPS $1500.00 -
109.11.8.49.4 Conference Calling - Meet Me MJJPK $5.00 -
109.11.8.49.5 Conference Calling - Preset MO9PK $5.00 -
109.11.8.49.6 Conference Calling - Station Dial (6-Way) GVT $5.00 -
Qwest Local Services PlatformTu Agreement QLSPTM Rate Sheet-V1.2.3 04.11.08
Qwest Local Services Platform (QLSPTM) Rate Page - Idaho
A Ofli I Gh..,..,.h T..m*
109.11.9 Other
109.11.9.1 Custom Number
109.11.9.1.1 Idaho North See Applicable Owest Retail
Tariff, Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions in CLEC's ICA).
6
109.11.9.1.2 Idaho South See Applicable Owest Retail
Tariff, Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions in CLECs ICA).
6
109.11.9.2 PBX DID Complex Translations Digits OuuIsed Change Signaling _______ _______ $15.22
109.11.9.3 PBX DID Complex Translations Signailna Change _________ ________ $35.52 -
109.11.9.4 PDX DID Block Compromise _________ ________ $25.53 -
109.11.9.5 PBX DID Group of 20 Numbers _______ _______ $31.36 -
109.11.9.6 PBX DID Reserve Sequential # Block ________ _______ $25.38 -
109.11.9.7 PBX DID Reserve Nonseguentlal Telephone Numbers $23.6 -
109.11.9.8 PBX DID NonseguentialTelephorre Numbers $33.18 -
109.11.10 Subsequent Order Charge NHCUU $12.17 4
109.11.11 Qwest Corporation (QC) IntraLATA ToN, LPIC 5123
109.11.11.1 Idaho North See Applicable Owest Retail
Tariff, Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions in CLECs ICA).
6
109.11.11.2 Idaho South See Applicable Qwest Retail
Tariff, Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions in CLEC's ICA).
6
109.20 Miscellaneous Charges 5
109.20.1 Design - North
109.20.1.1 Maintenance of Service
109.20.1.1.1 Basic
109.20.1.1.1.1 First Increment MVWXX
109.20.1.1.1.2 Each Additional Increment MVW1X
109.20.1.1.2 Overtime
109.20.1.1.2.1 First Increment MVWOX
109.20.1.1.2.2 Each Additional Increment MVW2X
109.20.1.1.3 Premium
109.20.1.1.3.1 First Increment MVWPX
109.20.1.1.3.2 Each Additional Increment MVW3X
109.20.1.2 Optional Testing (Additional Labor)
109.20.1.2.1 Basic. First and Each Additional Increment ()TNBX
109.20.1.2.2 Overtime, First and Each Additional Increment OTNOX
109.20.1.2.3 Premium. First and Each Additional Increment OTNPX
109.20.1.3 Dispatch (Additional Dispatch - No trouble found) "T6DC
109.20.1.4 Dispatch for Maintenance of Service - No Trouble Found VT6DM
109.20.2 Design and Non-Design - North
109.20.2.1 Trio Charge - Premises Visit Charge SCO
109.20.2.2 Premises Work Charge
109.20.2.2.1 Basic
109.20.2.2.1.1 First Increment HRD11
109.20.2.2.1.2 Each Additional Increment HRDA1
109.20.2.2.2 Overtime
109.20.2.2.2.1 First Increment HRD12
109.20.2.2.2.2 Each Additional Increment HRDA2
109.20.2.2.3 Premium
109.20.2.2.3.1 First Increment HRDI3
109.20.2.2.3.2 Each Additional Increment HRDA3
109.20.2.3 Network Premises Work Charge
109.20.2.3.1 Basic, First Increment HRRI 1
109.20.2.3.2 Basic, Each Additional Increment HRRA1
109.20.2.3.3 Overtime, First Increment HRRI2
109.20.2.3.4 Overtime, Each Additional Increment HRRA2
109.20.2.3.5 Premium, First Increment HRR13
109.20.2.3.6 Premium. Each Additional Increment HRRA3
109.20.2.4 Date Change VT6DC
Design Change H28
Expedite Charge. Per day advanced .ODDB
Cancellation Charge '10 USOC ICB -
109.20.3 Non-Design - South
109.20.3.1 Network Premises Work Charge
109.20.3.1.1 All Hours, 1st 15 minutes HRH1I
109.20.3.1.2 All Hours, next three 15 minutes HRHAI
109.20.3.1.3 All Hours, as addt'l 15 minutes 1HRDA1
Qwest Local Services PlatformTM Agreement OLSPTM Rate Sheet-V1.2.3 04.11.08
Qwest Local Services PlatformTM (QLSP) Rate Page - Idaho
Ien..sr, A 9011 *hrniinh Trm*
109.20.4 DesIgn - South
109.20.4.1 Maintenance of Service
109.20.4.1.1 Basic
109.20.4.1.1.1 First Increment ,65/
109.20.4.1.1.2 Each Additional Increment MVWIX
109.20.4.1.2 Overtime
109.20.4.1.2.1 First Increment MVWOX
109.20.4.1.2.2 Each Additional Increment MVW2X
109.20.4.1.3.1 Premium
109.20.4.1.3.1 First Increment MVWPX
109.20.4.1.3.2 Each Additional Increment MVW3X
109.20.41 Optional Testino (Additional La bor)
109.20.4.2.1 Basic, First and Each Additional Increment OTNEX
109.20.4.2.2 Overtime. First and Each Additional Increment OTNOX
109.20.4.2.3 Premium, First and Each Additional Increment OTNPX
109.20.4.3 Dispatch (Additional Dispatch - No trouble found) VT6DC
109.20.4.4 Dispatch for Maintenance of Service - No Trouble Found VT6DM
109.20.4.5 Network Premises Work Charge
109.20.4.5.1 Basic
109.20.2.5.1.1 First Increment HRH11
109.20.2.5.1.2 Each Additional Increment 1IRHA1
109.20.4.5.2 Overtime
109.20.2.5.2.1 First Increment HRHI2
109.20.2.5.2.2 Each Additional Increment HRHA2
109.20.4.5.3 Premium
109.20.2.5.3.1 First Increment HRHI3
109.20.2.5.3.2 Each Additional Increment HRHA3
109.20.5 Design and Non-Design - South
109.20.5.1 Trip Charqe - Premises Visit Charqe NRTCY ** -
109.20.5.2 Premises Work Charge
109.20.5.2.1 Basic
109.20.5.2.1.1 First Increment PIRD1I
109.20.5.2.1.2 Each Additional Increment HRDAI
109.20.5.2.2 Overtime
109.20.5.2.2.1 First Increment HRD12
109.20.5.2.2.2 Each Additional Increment HRDA2
109.20.5.2.3 Premium
109.20.5.2.3.1 First Increment HRD13
109.20.5.2.3.2 Each Additional Increment HRDA3
109.20.5.3 Date Change VT6DC
109.20.5.4 Design Change H28
109.20.5.5 Expedite Charge. Per day advanced EODDB
109.20.5.6 Cancellation Charge No USOC ICB -
109.23 QLSP" Installation and Conversion Nonrecurring Charges (NRC5)
109.231 Conversion Nonrecurring Charges
109.23.1.1 QLSP Business, Centrex, PAL, and PBX Analog non-DID Trunks, Residential
109.23.1.1.1 First Line (Mechanized) IJRCCU $1.50 -
109.23.1.1.2 Each Additional Line (Mechanized) URCCY $0.50 -
109.23.1.1.3 First Line (Manual) ')RCCV $15.00 -
109.23.1.1.4 Each Additional Line (Manual) URCCZ $3.00 -
109.23.1.2 QLSPm PBX DID Trunks
109.23.1.2.1 FirstTrunk URCCD $28.84 -
109.23.1.2.2 Each Additional _________ ________ $2.73 -
109.23.1.3 QLSP ISDN BRI
109.23.1.3.1 First IJRCCU $20.66
109.23.1.3.2 Each Additional _________ _______ $2.73 -
109.23.2 installation Nonrecurring Charges
10923.2.1 QLSP Business, Centrex. PAL, and PBX Analog non-DID Trunks. Residential
$20.001
109.23.2.1.1 First Line (Mechanized) NHCRA $50.00 -
109.23.2.1.2 Each Additional Line (Mechanized) NHCRC $18.00 -
10923.2.1.3 First Line (Manual) NHCRB $75.00 -
109.23.2.1.4 Each Additional Line (Manual) NHCRD -
109.23.2.2 Q15 Analog DID PBX Trunks _______ $15.21
109.23.2.3 QLSPm ISDN-BRI _______ $272.96
109.23.3 Qwest MN Features
109.23.3.1 Idaho North See Applicable Owest Retail
Tariff. Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions In CLEC's ICA).
6
109.23.3.2 Idaho South See Applicable Owest Retail
Tariff, Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions in CLEC's ICA).
6
109.23.4 Owest Voice Messaging Services
Qwest Local Services PlatformlM Agreement QLSP Rate Sheet-VI .2.3 04.11.08
Qwest Local Services PIafform (QLSP) Rate Page - Idaho
A 'A44 4l....,.h Trn..,*
109.23.4.1 Idaho North See Applicable Owest Retail
U
6
Tariff, Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions In CLECs CA).
109.23.4.2 Idaho South See Applicable Owest Retail
Tariff, Catalog or Price List
less Discount (which will be
provided pursuant to terms
and conditions in CLEC's ICA).
112 Operational Support Systems
112.1 Develoments and Enhancements, per Local Service Request All charges and increments
equal the comparable charges
and increments provided in th
Qwest Wholesale PCAT.
-
112.2 Ongoing Operations, per Local Service Request
112.3 Daily Usage Records File, per Record
_________
Notes
Universal Service Order Codes (USOCs) have been provided in an effort to ease item description and USOC association with charges. In the event US005 are
inaccurate or are revised, Qwest reserves the tight to correct the Rate Sheet. In the event of any significant change(s), notification will be provided via the standard
See Applicable Owest Retail Tariff, Catalog or Price List for all charges and increments.
1 QLSP Business and Residential services utilize the same Class of Service and line Universal Service Order codes (lJ5OCs). QLSP Residential services will be
billed at the Analog Port rate and only those lines that specifically qualify for and are identified as serving a residential end-user customer by the presence of the
LAWUR USOC will receive the Residential end user credit
2 OLSP service includes nondiscriminatory access to all vertical switch features that are loaded in Qwesfs End Office Switch. See the PCAT for all compatible and
available vertical switch features. Only vertical switch features with Non-Recurring, Recurring, or Per Occurrence charges are listed. Non-Recurring charges are
applicable whenever a feature is added - whether on new installation, conversion, or change order activity. Those vertical switch features not listed have a rate of $0 for
Monthly Recurring, Non-Recurring, or Per Occurrence charges.
3 Reserved for future use.
4 The Subsequent Order Charge is applicable on a per order basis when changes are requested to existing service, including changing a telephone number, initiating or
removing Suspension or Service, denying or restoring service, adding, removing, or changing features, and other similar requests.
5 QLSP" ISDN BRI and PBX are "Design'. Remaining QLSP services are "Non-Design". All charges and increments shall be the same as the comparable charges
and increments provided in Qwest Retail Tariffs, Catalogs, or Price Lists and are subject to change based on changes in those underlying Owest Retail Tariffs,
Catalogs, or Price Lists. In the event a rate changes, notification will be provided via the standard notification process.
6 Where the service has been deemed to be a Telecommunications Service, the Discount will be provided pursuant to CLEC's ICA. Where the service is not a
Telecommunications Service, the discount will be 18%.
Owest Local Services Platfousre Agreement QLSPre Rate Sheet-V1.2.3 04.11.08