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HomeMy WebLinkAbout20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7th Ayenue, Room 1 506 Seattle, Washington 98191 (206) 733-5178 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law January 17,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 sITd ,;* TrrY Centurylink' Via Overnight delivery &u; vn'os 'os Re: CenturyLink Local Services Platform ("CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your office on January 16,2014, enclosed are the signature pages for all of the CLSPs which have been extended. For your convenience, we are also enclosing a matrix listing the CLSPs and the docket numbers associated with the original agreements. Please contact have any questions concerning the enclosed. Thank you. Sincerely, Maura E. MEP/jga Enclosure EXTENSION AMENDMENT TO CENTURYLINKTM LOCAL SERVICES PLATFORM ("CLSP'*"1 AGREEMENT This amendment ('Amendment"), by and between Qurest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and MGImetro Access Transmission Services LLC ("CLEC"), amends the CenturyLinkru Local Services Platform ("CLSeru1 Agreement (formerly known as'Qwest Local Services Platformru ("QLSe*1 Agreement") between the Parties. WHEREAS, the Parties entered into a Qwest Local Services Platform ("QLSet"1 Agreement (now referred to as a CenturyLinkil Local Services Platform ("C tsp trl Agreement), (the,,Ag reemenf,); 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 sufflciency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section ? of the Aareement wlll be replaced in lE entirelrr as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aareement wiil be reolaced in iE entiretv as follows: 3. Term. The term of this Agreement begins on the Effective Date and continues through December 31, 2016. Upon expiration, this Agreement will continue on a month-to-month basis until it is terminated by either Party, with at least ninety (90) Days prior written notice, pursuant to Section 22 of the Agreement, or replaced by a successor agreement. Attachment 2 - Seruice Description - of the Aoreement 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. Notwithstanding the foregoing, CenturyLink will not effect a discontinuation of any service pursuant to this Section 1.6.7 in such manner that CLEC may not reasonably comply with Applicable Law conceming End User Customer discontinuation of service, disconnection and notification, provided that, the foregoing is subject to CLEC's reasonable diligence in effecting such compliance. . 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 of the sum of CLEC's total CLSP lines as of October 3't of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,000) CLSP lines, CLEC will qualifu 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. Section 7 of Attachment 2 will have the following changes: 7.0 Commercial Performance and Service Credits. 7.2 Removed in its entirety. 7.3 Removed in its entirety. 4. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. Decemberl0, 2013ikjdCLSP 2014 Extension Amendment to CLSPil AgreemenUMClmetro Access AZ-CDS-10r021-0086; CO-CDS-101021-0087; |A-CDS-101021-0088; lb-CDS-101021-0089; MN-CDS-101021-0090 MT'CDS-101021-0091; ND-CDS-I01021-0092; NE-CDS-I01021-0093; NM-CDS-101021-0094; OR-CDS-101021-0095; SD-CDS-101021-0096; UT-CDS-I0102i-0097;W&CDS-10102j-0098;Wy-CDS-j01021-0099 Page 1 of2 CenturyLlnkil Local Servlces Plafform (CLSPil) Rate Page - AZ. CO,IA" lD, MT, ND, NE, NM, OR, SD, UT, WA, WY January 1, 2014 through Term CenturyLlnkil Local Services Platform (CLSPil) RaG Page - illlnnesota January 1,2011 through Term t09.fl2 ,oitr, lf 81196 YoY volume Retsntlon Plrn Rroulrament! Are llet tog.11.2.1 \nalos Port N/' 10s.11.2.2 ,o Port, Rosldential end us€r credit .AWUR N/' 109.11.2.3 Eftecdve CLSPil Resil€nlial Analos Port N/' 10s.11.2.1 DEnar Port (supporthg ERI lsDN)N/' r09.1 1.2.5 eBX DID Port N,, 109.42 ndallatlon ilonrecurrlng Chamel 109.23.2.1 CLSPil Budne.., Centr.r, PAl. end PBX Amlog nonolD Trunk , Ro3ldentlel 1W.n.2.1.1 lFlrst Llne (lvhcharized){HCRA $25.0C DocrSign Envelope lD: 459C87A$6BAO-401 &AF79-93CDEFESB91 C EXTENSION AMENDMENTTO CENTU RYLINKTT LOCAL SERVICES PLATFORM ("CLSP'I'I " 1 AGREEM ENT apply. Conversely, should the count(s) not meet the 3,000 Line GroMh Threshold Plan count on October 31, 2013 as defined in Section 3.2.5, the CLEC nould be subject to the YOY terms of Section 3.2,3.2.1 and3.2.4. 4. Section 7 of Attachment 2 will have the following changes: 7.0 Gommercial Performance and Service Credits. 7.2 Removed in its entirety. 7.3 Removed in its entirety, 5. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transpo(ation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. The CenturvLlnk CLSP Ra,lp- Sh*ts arc amended oerthe attached rate sheetbl. 1. Section 109.23.2.1.1of each CLSP rate Sheet will reflect a rate reduction from $50.00 to $25.00. 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 frornthe 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 prior or subsequent default, misrepresentation, or breach ofwananty or covenant hereunder or affect in any way,any rights arising by virtue of any prior or subsequent such occurrence. Entlre Aoreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter of the Agreement, as amended. The Pades intending to be legally bound have executed this Amendment as of the dates set fo(h below, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. Novem ber 1 1, 201 3/m m s/Metropolitan Telecommunications of ldaho/CDs- 1 0 1 02 1 -0 1'l 7 CLSP 2014 Extension Amendment to CLSPTM Agreement Title: Director - Wholesale Contracts Date: LL/L3/20L3 t',,r, . .oo,r=YlrrZZOrg Page2 ol2