20170308CLSP Agreement Extension Amendment.pdf

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March 7,2017
Wo Overnight Delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Steet
P.O. Box 83720
Boise, Idaho 83720-0074
QWE-T-04-30CenturyLink Local Services Platform ("CLSP") Agreements
Extension Amendments
Dear Ms. Jewell:
Attached for your information is a copy of the Extension Amendment to Centurylink Local
Services Platibrm ("CLSP") Agreem6nt between BullsEye Telecom,Inc. and Qwest Corporation
dba CenturyLink QC.
Please contact me if you have any questions conceming the enclosed. Thank you.
Sincerely,
J
Legal Assistant
ljga
Enclosures
www.centu rylin k.com
1600 7th Avenue, Room 1505
Seattle, Washington 98191
20G733-s236
ATTdTrrv CenturyLink'
Re
[e-mail]
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, Docusign Envelope lD: C5FE2B7A-6129-4F28-8971-41 144D6057E0
EXTENSION AMENDMENT TO
CENTURYLINKTM LOCAL SERVICES PLATFORM ("CLSP'U''1 AGREEMENT
This amendment ("Amendment'), by and between Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado
corporation, and BullsEye Telecom, lnc. ("CLEG"), a Michigan corporation, amends the CenturyLinkrM Local Services Platform
("CtSetu'; Agreement (formerly known as'Qwest Local Services PlatformrM ("QLSetu'; Agreement') between the Parties.
WHEREAS, the Parties entered into a Qwest Local Services Platform ("QlSe*"; Agreement (now referred to as a CenturyLinkrM Local
Services Platform ("CLSe'"'; Agreement), (the "Agreement'); and
WHEREAS, the terms "CenturyLink" and "CLSP" in this Amendment shall be used in place of, and interchangeably with, the terms
"Qwest" and "QLSP", respectively, in the Agreement; and
WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein.
NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
Amendment Terms
Section 2 of the Asreement will be replaced in its entiretv as follows:
2. Effective Date. This Amendment shall be deemed effective on January 1,2017 .
Section 3 of the Aoreement will be replaced in its entiretv as follows:
3. Term. The term of this Agreement begins on the Effective Date and continues through December 31 ,2019. Upon expiration,
this Agreement will continue on a month-to-month basis until it is terminated by either Party, with at least ninety (90) Days prior
written notice, pursuant to Section 22 ol lhe Agreement, or replaced by a successor agreement. ln the event that this Agreement is
terminated and CLEC has any remaining Customers served under this Agreement, CLEC may convert to an equivalent alternative
service at market-based wholesale rates.
Attachment 2 - Service Descriotion - of the Aqreement is herebv amended as follows:
1. Section 1 of Attachment 2 will have the following added
1.6.7 Should CenturyLink cease offering a service to its End User Customers that is also available under this Agreement,
upon thirty (30) Days prior written notice to CLEC, CenturyLink will also cease offering the service to CLEC. ln the event that
any existing services are terminated, CenturyLink and CLEC will agree on a mutually acceptable migration plan for any CLEC
End User Customers.
2. Section 3.2.4 of Attachment 2 is replaced with the following
3.2.4 115o/o YOY Volume Growth Plan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or
exceeds 110o/o ol the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is
equal to or greater than one thousand (1 ,000) CLSP lines, CLEC will qualify for a 30% discount off the Business Port MRCs
and a 6% discount off the Residential Port MRCs applicable during the next calendar year.
3. by the addition of the following Sections 3.2.5 and 3.2.6 immediately after Section 3.2.4.
"3.2.5 130%YOYVolumeGrowthPlan: lfthenumberof CLEC'stotal CLSPlinesasof October3l of eachyearequalsor
exceeds 139o/o ol the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is
equal to or greater than four thousand one hundred (4,100) CLSP lines, CLEC will qualify for a 35o/o discount off of the
Business Port MRCs and a 6% discount off of the Residential Port MRCs applicable during the next calendar year.
3.2.6 140% YOY Volume Growth Plan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or
exceeds 140% ot the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is
equal to or greater than seven thousand five hundred (7,500) CLSP lines, CLEC will qualify for a 4oo/o discount off of the
Business Port MRCs and a 60/o discount off of the Residential Port MRCs applicable during the next calendar year."
4. by the addition of the following Sections 3.3.1, 3.3.2, 3.3.3 and 3.3.4 immediately after Section 3.3.
'3.3.1 The Parties agree that the 115% YOY Volume Growth Plan set forth in Section 3.2.4 will be the applied discount until
the October 31 count is completed for purposes of determining discount eligibility for the following year, if any.
February 3, 2017,/swd-lb/BullsEye Telecom/CLSP 2016 Anendment to CLSPil Agreement
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co, tA, tD, MN, MT, ND, NE, NM, OR, SD, UT, WA, WY
Page 1 of 2
'DocuSign Envelope lD: C5FE2B7A-6129-4F28-8971-41 144D6057E0
EXTENSION AMENDMENT TO
GENTURYLINKTM LOCAL SERVTCES PLATFORM ("CLSp'*"1 AGREEMENT
3.3.2 Early Discount. lf CLEC equals or exceeds the Volume Growth Plan level requirements set forth in Section 3.2.5 or
Section 3.2.6 prior to the end of the yearly October 31 Volume Growth Plan measurement period, the discount set forth in such
applicable Volume GroMh Plan will be implemented in the month following the attainment of such Volume Growth Plan level
(an "Early Discount").
3.3.3 lf CLEC attains an Early Discount, CLEC must maintain the minimum number of in-service CLSP lines required for
such Early Discount. lf such minimum number of in-service CLSP lines are not maintained until the yearly October 31 line
count, CenturyLink may, at any time, reverse any Early Discount and modify CLEC to its othenrvise applicable discount level, if
any, which corresponds to CLEC's attained Volume Growth Plan level (but not below the discount level set forth in Section
3.3.1). lf CenturyLink modifies the Early Discount due to any failure of CLEC to maintain minimum line counts, no further Early
Discount will be applied.
3.3.4 GLSP Volumes. For purposes of calculating CLEC's total CLSP Volumes for each Volume Growth Plan period,
CenturyLink will include all CLEC CLSP lines in service under this Agreement. lf CLEC is involved in a merger or acquisition
and the CLSP lines of such other merger or acquisition party are thereafter governed by this Agreement, the CLSP Volume
calculation will be made as if those lines had always been governed by this Agreement such that the other party's CLSP lines
in service as of the beginning of a particular Volume Growth Plan period will not be treated as growth lines in the immediately
succeeding Volume Growth Plan period."
Further Amendments
Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force
and effect. The provisions of this Amendment, including the provisions of this sentence, may not be amended, modified or
supplemented, and waivers or consents to departures from the provisions of this Amendment may not be given without the written
consent thereto by both of the Parties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or
covenant hereunder, whether intentional or not, will be deemed to extend to any prioror subsequent default, misrepresentation, or
breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Entire Aqreement
The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and
agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any prior
understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the
subject matter of the Agreement, as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each
of which is deemed an original, but all of which shall constitute one and the same instrument.
Qwest Corporation dba CenturyLink QC
ax:;*By:
Name: Diane Roth
Title:Direclor - Whnlasale Contracts
2/LO/20L7
Date:
BullsEye Telecom, lnc.:
DGUSigned by:
LU{fiar^ k. 9la.yliw
By:
Name: William H. Oberlin
Title: CEO
2/9/20L7
Date:
February 3, 2017,/swd-lb/BullsEye Telecom/CLSP 2016 Amendment to CLSPTM Agreement,z,co, tA! tD, MN, MT, ND, NE, NM, OR, SD, UT, WA, Wy
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