20110118Amendment.pdf

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Owest
1600 7th Avenue, Room 1506
Seattle, Washington 98191
[phone]
Facsimile [phone]
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Lin t J~\N i n.1
Qwest~
Spirit of Service~
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
January 14, 2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-05-06
Application for Approval of Amendment to the Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
mep
Enclosure
cc: Service list
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.Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr(! q west.com
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE-T-05-06
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment..
to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public
. Utilities Commssion on May 5, 2005 (the "Agreement"). The Amendment with Pipertel
Communications, LLC ("Pipertel") 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
portiones) thereof) discriminates against a telecommunications carer 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.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commssion 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 wil enable Pipertel.
APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 1
Pipertel Communications, LLC
QLSP Amendment
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Communications, Inc. to interconnect with Qwest facilities and to provide customers with
increased choices among local telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearng.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this i.d'ay of January, 2011.
~Ö'\
AdamL. She
Attorney for Qwes
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Pipertel Communications, LLC
QLSP Amendment
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CERTIFICATE OF SERVICE
I hereby certify that on this _ day of January, 2011, 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 Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡jewell (ßpuc.state.id.us
Hand Deli very
U. S. Mail
-X Overnight Delivery
Facsimile
Email
PiperTel Communications, LLC
Christopher Staton, President
28404 Meadow Drive
Evergreen, CO 80439
Hand Deli very
~ U. S.Mail
Overnight Delivery
Facsimile
lA~~-"'L
Maura Peterson
Paralegal, Qwest Corporation
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Pipertel Communications, LLC
QLSP Amendment
OocuSign Envelope ID: 9EA7 A8E5-739C-42E3-B9C4-9F10793AF5CC
.QWEST LOCAL SERVICES PLATFORM ™ AGREEMENT
This Owst Local Services Platform TM ("OLSpTM") Agreement, together with the Attachments hereto and Rate Sheets,
incorporated herein by reference ("Agreement") is between Qwest Corporation ("Qwest"), a Colorado corporation, and
PiperTel Communications, LLC ("CLEC"), (each identified for purposes of this Agreement in the signature blocks below,
and referred to separately as a "Part or collectively as the "Parties"). The undersigned Parties have read and agree to the
terms and conditions set forth in this Agreement.
Qwest Corporation:
r-05E9FC68BD57464...-¡By: I /. r tJ_ I
LDocuSliined El L T Christnsen..Name: L. T. Christensen
PiperTel Communications, LLC:
F;;:SS:~~~~~vn~mt!~
General Manager
12/14/2010Title:
Date:
Director - Wholesale Contracts
12/14/2010
By:
Name:
Title:
Date:
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest.Corporation:
Director - Interconnection Agreements
1801 California Street, 24th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagreecmgwest.com
With copy to:
Owest Law Department
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectioncmgwest.com
CLEC:
. PiperTel Communications, LLC
Christopher Staton, President
28404 Meadow Drive
Evergreen, CO 80439
Phone: [phone]
Email: cstatoncmpipertel.com
APPLICABLE STATES:Utah
-- Arizona
-- Colorado
-- Idaho
-- Iowa
-- Minnesota
-- Montana
Nebraska
-- New Mexico
-- North Dakota
-- Oregon
South Dakota
Washington 7.0 (with Commercial Performance
Measures and Reporting, Performance Targets and
Service Credits, as described in Secton 7.0 of
Attchment 2 to this Agreement); or
-- Washington 8.0 (with Service Perfrmance Measures
and Reporting and Performance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Attchment 2 to this Agreement).
Owest agrees to offer and CLEC intends to purchase Service in
the states indicated below by CLEC's signatory initialing (or an
"X") on the applicable blanks. Note: If CLEC chooses to
indicate Washington, CLEC must select only one (1) of the
Washington Service offerings. CLEC may not change its
Washington selection after this Agreement is executed.
-- Wyoming
. Oct 22, 2010/cacIipertei Communications
AZ=CDS-101022-o012; CO=CDS-101022-0013; IA=CDS-101022-0014; ID=CDS-101022-0015; MN=CDS-101022-0016; MT=CDS-101022-o017;
ND=CDS-101022-o018; NM=CDS-101022-o019; OR=CDS-1 01 022-0020; WA=CDS-101022-o021; WY=CDS-1 01 022-0022Qwest QLSpTM MSA - (v1Q-15-10) Page 1 of 11
DocuSign Envelope 10: 9EA7 A8E5-739C-42E3-B9C4-9F10793AF5CC
WHEREAS, CLEC desires to purchase from Qwest certin combination of Network Element, ancilary functions, and additional
features, including without limitaion, the local Loop, Port, switching, and Share Transport.
.
Now, therefore, in consideration of the tenns and conditions contained herein, ClEC and Qwest mutually agre as follows:
1. Definitions. Capitalized tenns used herein are defined in
Attchment 1.
2. Effctive 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 Partes ("Effective Date").
2.1 ClEC's Qwest Platonn Plus TM Master Services Agreement,
if any, is tenninated immediately upon execution of this Agrement,
and Qwst will provide ClEC local platfonn services only pursuant to
the tenns and conditions of this Agreement. The effectie billng date
for QlSP services will be the latest date of execution by the Partes.
3. Term. The tenn of this Agreement begins on the
Effective Date and continues through December 31, 2013. In the
event that at the expiration of this Agreement ClEC has any remaining
Customers served under this Agreement, Qwest may immediately
convert ClEC to an equivalent altemative service at market-based
wholesale rates.
4. Scope of Aareement; Service Provisioning; Controllng
Documents; Change of Law; Eligibilty for Services under this
Aareement; Non-Applicabilty of Change Management Process.
4.1 The Servces ("Services") descrbed in this Agreement will
only be provided in Qwests incumbent lEC servce tertory in th
states of Arizona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakot, Utah,
Washington and Wyoming.
4.2 In the event of a conflict in any tenn of any documents that
govem the provision of Services hereunder, the following order of
precedence will apply in descending order of control: an Attachment,
Rate Sheet, this Agreement, and any effective Order Fonn hereunder.
The 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 Applicble 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 conceming the
interpretation or effect of the Existing Rules or an admission by Qwest
or ClEC that the Existing Rules should not be changed, vacaed,
dismissed, stayed or modified. Nothing in this Agreement shall
preclude or estop Qwest or ClEC from taking any position in any
forum concerning the proper interpretation or effect of the Exsting
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
abilty 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 impainnent.
4.5 To receive services under this Agreement, ClEC must be a
certifed ClEC under Applicable law. ClEC may not purchase or
utilze Services covered under this Agreement for its own
administrative use or forthe use by an Affliate.
4.6 Except as otherwse provided in this Agreement, the Parties
agree that Services provided under this Agreement are not subject to
the Qwest Wholesale Change Management Procss ("CMP"), Qwests
Perfonnance Indicators ("PID"), Perfonnance 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 qualit standards to liquidated damages, and
remedies with respect to Services provided pursuant to this
Agreement. Any ClEC-proposed changes to the attributes of any
Service or process enhancements will be communicated through the
standard accunt interfces. Change. requests common to shared
systems and processes subject to CMP wil 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, Qwests
"New Customer Questionnaire" "to the extent that ClEC has not
already done so, and ClEC shall hold Qwest hannless for any
damages to or claims from ClEC caused by ClEC's failure to promptly
complete or update the questionnaire.
6. Financial Terms.
6.1 The descrption of the Servce and applicable rates are set
fort in the Attchment hereto and Rate Sheets. The Parties agre
that the referenced rates are just and reasonable.
6.2 Taxes. Fees. and other Governmental Impositions. .All charges for Services provided herein are exclusive of any federal,
state, or local sales, use, excise, gross receipts, transaction or similar
taes, fees or surcharges ("Tax" or "Taxes"). Taxes resulting from the
perfonnance of this Agreement shall be borne by the Part upon which
the obligation for payment is imposed under Applicable law, even if
the obligation to collect and remit such Taxes is placed upon the other
Part. However, where the sellng Part is specifically pennitted by
Applicable law to collect such Taxes from the purchasing Party, such
Taxes shall be borne by the Part purchasing the services. Taxes
shall be biled as a separate item on the invoice in accordance with
Applicable law. The Part billng such Taxes shall, at the written
reue of the Part being biled, provide the biled Part with detailed
infontion regarding biled Taxes, including the applicable Tax
jurisdiction, rate, and base upon which the Tax is applied. If either
Part (the Contesting Part) contests the application of any Tax
colleced by the other Part (the Collecting Part), the Collecting Part
shall reasonably cooperate in good faith with the Contesting Parts
challenge, provided that the Contesting Party pays all reasonable costs
incurred by the Collecting Part. The Contesting Part is entitled to the
benefit of any refund or recovery resulting from the contest, provided
that the Contesting Part has paid the Tax contested. If the
purchasing Part provides the sellng Part with' a resale or other
exemption certificate, the sellng Part shall exempt the purchasing
Part if the selling Part accpts the certificate in good faith. If a Part
becomes aware that any Tax is incorrectly or errneously collected by
that Part from the other Part or paid by the other Part to that Part,
the Part that received such Tax shall refund the incorrectly or
errneously collected Tax or paid Tax to the,other Part.
6.3 Each Part is solely reponsible for any tax on its corporate
existence, status or income and each Part shall be solely responsible
for all taes on its own business, the measure of which is its own net
income or net worth and shall be responsible for any related ta filings,
Oct 22, 2010/caclipertei Communications
AZ=CDS-101022-0012; CO=CDS-101022-Q013; IA=CDS-101022-Q014; 16)=CDS-101022-0015; MN=CDS-101022-Q016; MT=CDS-101022-Q017;
ND=CDS-101022-0018; NM=CDS-101022-Q019; OR=CDS-1 01 022-0020; WA=CDS-101022-Q021; WY=CDS-101022-0022
Qwest QlSpTM MSA - (v10-15-10) Page 2 of 11
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DocuSign Envelope 10: 9EA7A8E5-739C-42E3-B9C4-9F10793AF5CC
. payment, protest, audit and litigation. Each Part shall be solely
responsible for the biling, 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 facilties or equipment
(including softare) solely for the purpses of this Agreement or toreceive Service solely as provided in this Agreement or as specifcally
reuired 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 propert, now or hereafter owned, controlled or licensable
by either Part. Neither Part may use any patent, copyright, trade
name, trademark, service mark, trade secret, nor other proprietary
interest or intellectual propert, now or hereafter owned, controlled or
licensable by either Part without execution of a separate wrtten
agreement between the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each Part (an Indemnifying Part) shall indemnify and
hold the other Party (an Indemnified Part) harmless from and against
any loss, cost, expense or liabilty arising out of a claim that the
services provided by the Indemnifying Part provided or used pursuant
to the terms of this Agreement misappropriate or otherwse violate the
intellectual propert rights of any third part. The obligation for
indemnifcation recited in this paragraph shall not extend to
infringement which results from:.A. any combination of the facilties or services of the
Indemnifying Part with facilities or services of any other Person
(including the Indemnified Part but excluding the IndemnifyingPart and any of its Affliates), which combination is not made by
or at the directon of the Indemnifyng Party or is not reasonably
necessary to CLEC's use of the Services offered by Qwest under
this Agreement; or
B. any modifcation made to the facilties or services of the
Indemnifying Part by, on behalf of, or at the request of the
Indemnified Part and not required by the Indemnifyng Part.
7.3 In the event of any claim, the Indemnifing Part may, at its
sole option, obtain the right for the Indemnified Part to continue to use
any infrnging facilty or service or replace or modify any infringing
facilty or service to make such facility or service non-infrnging.
7.4 If the Indemnifying Part is not reasonably able to obtain the
right for continued use or to replace or modify the facility or service as
provided above and either the facility or service is held to be infringing
by a court of copetent jurisdiction or the Indemnifing Part
reasonably believes that the facilty or service wil be held to infringe,
the Indemnifying Party wil notify the Indemnified Part and the Partes
will negotiate in goo faith regarding reasonable modifications to this
Agreement necesary to mitigate damage or comply with an injunction
which may result from such infringement or allow cesstion of furter
infringement.
7.5 The Indemnifying Part may request that the Indemnified
Part take steps to mitigate damages resulting from the infrngement or
alleged infringement including, but not limited to, accepting
modifications to the facilties 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 it vendors who
have licensed intellectual propert rights to Qwst in connection with
Services provided hereunder, licenses under such intellectual propert
rights as necessary for CLEC to use such Services as contemplated
hereunder and at least in the same manner used by Qwest 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 Parts indemnification obligations under
Secton 7.2, preceding.
7.7. Neither Part shall without the express written permission of the
other Part, state or imply that it is connected, or in any way affliated
with the other or its Affliates; it is part of a joint busines association or
any similar arrngement with the other or it Affliates; the other Part
and its Affliates are in any way sponsoring, endorsing or certifyng it
and its goods and services; or with respect to its marketing, advertising
or promotional activites or materials, state or imply that the services
are in any way associated with or originated from the other Part or
any of it Affliates. 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 wil
be Qwest customers or that they may obtain Qwest service from CLEC
or (b) that CLEC has or the end-user wil have any relationship with
Qwest. Without limiting the foregoing, CLEC must not use a name,
trademark, service mark, copyright or any other intellectual propert
owned by Qwest or its Affliates, except that CLEC may communicate
that Qwst is one of the underlying carrers from which CLEC
purchases services if CLEC has obtained the prior wrtten consent of
the Qwst Law Department. This is a non-exclusive agreement.
Nothing in this Agreement prevents Qwest from offering to sell or
sellng any services to other parties.
7.8 Nothing in this Section prevents either Part 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 Part or it Affliates or otherwse attempt to sell its End
User Customers using the name of the other Party or its Affliates.
Qwests name and the names of its affliates 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 Qwests Affliates in any way.
7.9 Because a breach ofthe material provisions ofthis Section 7
may cause irreparable harm for which monetary damages may be
inadequate, in addition to other available remedies, the non-breaching
Part may seek injunctive relief.
8. Financial Responsibilty Payment and Security.
8.1 Payment Obliaation. Amounts payable under this
Agreement are due and payable within thirt (30) Days after the date of
invoice ("Payment Due Date"). If the Payment Due Date falls on a
Sunday or on a holiday which is observed on a Monday, the payment
date wil be the first non-holiday day following such Sunday or holiday.
If such a payment date falls on a Saturday or on a holiday which is
observed on Tuesday, Wednesday, Thursday or Friday, the payment
date shall be the last non-holiday day preceding such Saturday or
holiday. For invoices distributed electronically, the date of the invoice
date is the same as if the invoice were biled on paper, not the date the
electronic delivery occurs. If CLEC fails to make payment on or before
the Payment Due Date, Qwest may invoke all available rights and
remedies.
Oct 22, 2010/caclPipertei Communications
AZ=CDS-101022-0012; CO=CDS-101022-0013; IA=CDS-101022-0014; ID=CDS-101022-0015; MN=CDS-101022-0016; MT=CDS-101022-0017;
ND=CDS-101022-0018; NM=CDS-101022-0019; OR=CDS-1 01 022-0020; WA=CDS-101022-0021; WY=CDS-101022-Q022Qwest QLSpTM MSA - (v1Q-15-10) Page 3 of 11
DocuSign Envelope 10: 9EA7A8E5-739C-2E3-B9C4-9F10793AF5CC
8.2 Cessation of Order Processing. Qwest may discontinue
processing orders for Services for any breach by CLEC of this
Agreement, induding without limitation, the failure of CLEC to make full
payment for Services, less any good faith disputed amount as provided
for in this Agreement, within thirt (30) Days following the Payment
Due Date; provided that Qwest has first notied CLEC in wrting at
least ten (10) business days prior to discontinuing the processing of
orders for Service. If Qwest does not refuse to accpt additional
orders for Services on the date specified in the ten (10) business days
notice, and CLEC's non-cmpliance continues, nothing contained
herein shall preclude Qwests right to refuse to accpt additional orders
for Servces from CLEC without furter notice. For ordr proing to
resume, CLEC wil be required to cure any breach and make full
payment of all past-due charges for Servces not dispted in good faith
under this Agreement, and Qwest may reuire a deposit (or reclculate
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 accrdance with Section 11
herein, including without limitation, failure by CLEC to make full
payment for such Services, less any good faith disputed amount as
provided for in this Agreement, wit~in sixt (60) Days followng the
Payment Due Date provided that Qwest has first notified CLEC in
wrting at least ten (10) business days prior to disconnecting Service.
CLEC wil pay the applicable charge set forth in the Rate Sheet
required to reconnect Services for each End User Customer
disconnected pursuant to this Secton 8.3. In case of such
disconnection, all applicable undisputed charges, including termination
charges, wil become due and payable. If Qwestdoes not disconect
CLEC's Service on the date specified in the ten (10) business days
notice, and CLEC's noncompliance continues, nothing contained
herein shall preclude Qwests right to disconnect any or all Services.
For reconnection of the Servce 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, Qwet rerves the
right to seek equitable relief, including injunctive relief and speific
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 conceming End User
Customer disconnection and notifcation, provided that, the foregoing is
subject to CLEC's reasonable dilgence in effectng such copliance.
8.4 Billng 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 expdite 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 Qwst, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing further dispute resolution. If the
disputed charges have been withheld and the dispute is resolved
in favor of CLEC, Qwest will credit CLEC's bil for the amount of .
the disputed charges and any late payment charges that have
been assessed no later than the second Bil Date after the
resolution of the dispute.
B. If CLEC pays the disputed charges and the dispute is
resolved in favor of Qwest, no further action is reuired. If CLEC
pays the charges disputed at the time of payment or at any timethereafter, and the dispute is resolved in favor of the CLEC,
Qwst will adjust the Billng, usually within tw Billng cycles after
the reolution of the dispute, as follows: Qwest wil credit the
CLEC's bil for the disputed amount and any associated interest;
or if the disputed amount is greater than the bil 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 assessd on any previously
assessed late payment charges.
D. If CLEC fails to dispute a rate or charge within 60 Days
followng the invoice date on which the rate or charge appeared,
adjustmnt will be made on a going-forwrd basis only, beginning
wi the date of the dispute.
8.5 Security Deposits. In the event of a material adverse
change in CLEC's financial condition subsequent to the Effecive Date
of this Agrement, Qwest may request a security deposit. A "material
advers change in financial condition" means CLEC is a new CLEC
wih no established creit history, or is a CLEC that has not
established satisfactory creit with Qwest, or the Part 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
Servce. "Repeatedly Delinquent" means any payment of a materal
amount of total monthly Biling under this Agreement received after the
Payment Due Date, three (3) or more times during the last twelve (12)
month period. The deposit may not exceed the estimated total monthly
charges for a two (2) month period based upon recent Biling. The
depoit may be an irrevocable bank letter of credit, a letter of credit
wih terms and conditions accptable to Qwest, 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 milion dollars ($5,000,000.00).
Required deposits are due and payable within thirt (30) Days after
demand and non-payment is subject to the 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
wil be credited to CLEC in the amount actually eamed or at the rate
set forth in Section 8.7 below, whichever is lower, except as otherwse
require 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
accunt or refunded, as appropriate, upon the earlier of the expiration
of the term of this Agreement or the establishment of satisfactory credit
with Qwest, which wil 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 wil
consider, a recalculation of the deposit. The fact that a deposit has
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. been made does not relieve CLEC from any requirements of this
Agreement.
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
pay~ent is received. by Qwest in funds that are not immediately
available,then a late payment charge wil 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 Servces with funds
obtained through the Amencan Recovery and Reinvestment Act (or
ARRA) or other similar stimulus grants or loans that would obligate
Qwest to provide certin information or perfonn certin functons
unles those functons and obligations are specifcally agreed to by the
parties in this Agreement or in an amendment to this Agreement.
9. Conversions. If CLEC is obtaining servces frm
Qwest under an arrngement or agreement that includes the
application of tennination liabilty assessment (TLA) or minimum penod
charges, and if CLEC wishes to convert such services to a Service
under this Agreement, the conversion of such servces will not be
delayed due to the applicabilty of TLA or minimum penod charges.
The applicabilty of such charges is govemed by the tenns of the
onginal agreement, Tanff or arrngement. Nothing herein wil be
construed as expanding the nghts otherwse granted by this
Agreement or by law to elect to make such conversions.
. 10. Customer Contact. CLEC, or CLEC's authonzed agent,
are the single point of contact for its End User Customers' service
needs, including without limitation, sales, service design, order taking,
Prov!sioning, change orders, training, maintenance, trouble reports,
repair, post-sale servicing, Biling, collection and inquiry. CLEC wil
infonn 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 Qwests End User Customers
contacting CLEC will be instructed to contact Qwest. In responding to
calls, neither Part wil make disparaging remarks about the other
Part. To the extent the correct provider can be detennined
mis~irected calls received by either Part wil be referr to the prope~
provider of Local Exchange Service; however, nothing in this
Agreement shall be deemed to prohibit Qwest or CLEC from
discussing its product and services with CLEC's or Qwests End User
Customers who call the other Part.
10.1 In the event Qwest tenninates Service to CLEC for any
reason, CLEC wil provide any and all necessary notice to its End User
Customers of the tennination. In no case will Qwest be responsible for
providing such notice to CLEC's End User Customers.
11. Default and Breach. If either Part default in the payment
of any amount due hereunder, or if either Part violates any other
matenal provision of this Agreement and such default or violation
continues for thirt (30) Days after wntten notice thereof, the other
Part may tenninate this Agreement and seek relief in accordance with
any remedy available under this Agreement, including without
limittion, the Dispute Resolution provisions of Secion 25 herein and,
in addition to the foregoing, Qwest may cease to accept orders from
CLEC for Services in accrdance with Section 8.2 above. The.
remedies available to each Part pursuant to this Agreement are not to
be considere exclusive of one another and wil be cumulative.
12. Limitation of Liabilty.
12.1 CLEC's exclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwse limited by this Agreement to outage creits or other
service credits, in which case Qwsts total liabilty will not exceed the
aggregate amount of any applicable credits due.
12.2 Except for indemnification and payment obligtions under
this Agreement, neither Part shall be liable to the other for indirect,
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, lost revenues, lost
savings suffered by the other Party regardless of the fonn of action,
whether in contract, warrnty, stnct liability, tort, including, without
limitation, negligence of any kind and regardless of whether the Partes
know the possibilty that such damages could result.
12.3 Nothing contained in this Section shall limit either Part's
liabilty to the other for willful misconduct, provided that, a Parts
liabilty to the other Party pursùant 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 otherwse specifically set forth
in this Agreement, the following constitute the sole indemnification
obligations between and among the Parties:
A. Each Part (the Indemnifying Party) agrees to release,
indemnify, defend and hold harmless the other Part and each of
its offcers, directors, employees and agents (each, an
Indemnitee) from and against and in respect of any los, debt,
liabilty, damage, obligation, claim, demand, judgment or
settlement of any nature or kind, known or unknown, liquidated or
unliquidated including, but not limited to, reasonable cots and
expenses (including attomeys' fees), whether suffered, made,
instituted, or asserted by any Person or entity, for invasion of
pnvacy, bodily injury or death of any Person or Persons, or for
loss, damage to, or destruction of tangible propert, whether or
not owned by others, resulting from the Indemnifyng Parts
breach of or failure to perfonn under this Agreement, regardless
of the fonn of action, whether in contract, warranty, stnct liabilty,
or tort including (without limitation) negligence of any kind.
B. In the cae of claims or losses alleged or incurrd by an End
User Customer of either Part arising out of or in connection with
Services provided to the End User Customer by the Part, the
Part whose End User Customer alleged or incurred such claims
or loss (the Indemnifying Part) shall defend and indemnif the
other Part and each of its offcers, directors, employees and
agents (each, an Indemnifed Part) against any and all such
claims or los by the Indemnifyng Party's End User Customers
regardless of whether the underlying Service was provided or was
provisioned by the Indemnified Part, unless the loss was caused
by the gross negligence or wilful misconduct of the Indemnified
Part. The obligation to indemnify with respect to claims of the
Indemnifing Parts End User Customers shallnQÌ extend to any
claims for physical bodily injury or death of any Person or
persons, or for loss, damage to, or destruction of tangible
propert, whether or not owned by others, alleged to have
resulted directy from the negligence or intentional conduct of the
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employees, contractors, agents, or other representatives of th
Indemnified Part.
13.2 The indemnification provided herein is conditioned upon the
following:
A. The Indemnifed Part wil proptly notify the Indemnifying
Part of any action taken against the Indemnifed Part relating to
the indemnification. Failure to so notify the Indemnifyng Part wilnot relieve the Indemnifng Part of any liabilty that the
Indemnifying Part might have, except to the extent that such
failure prejudices the Indemnifying Party's abilty to defend such
claim.
B. If the Indemnifying Part wishes to defend against such
action, it wil give written notice to the Indemnifed Part of
acceptnce of the defense of such action. In such event, the
Indemnifying Part has sole authority to defend any such action,
including the selection of legal counsel, and the Indemnified Part
may engage separate legal counsel only at its sole cot and
expense. In the event that the Indemnifing Part does not
accept the defense of the action, the Indemnified Part has the
right to employ counsel for such defense at the expnse of the
Indemnifying Part. Each Part agrees to coperate with the
other Part in the defense of any such action and the relevant
records of each Party will be available to the other Part with
respect to any such defense.
C. In no event will the Indemnifying Part settle or consent to
any judgment for relief other than monetary damages pertining
to any such action without the prior wrtten consent of the
Indemnified Part. In the event that the Indemnified Part
withholds consent, the Indemnifi Part may, at its cot, take
over such defense; provided that, in such event, the Indemnifyng
Part shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnified Part against, any cot or
liabilty in excess of such refuse compromise or seement.
14. Limited Warranties.
14.1 Each Part wil 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 Part has the authority to bind the
other by contract or otherwse or make any representations or
guarantees on behalf of the other or otherwse act on the othets
behalf. The relationship arising from this Agrement 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 Qwst, which
consent will not be unreasonably withheld. Notwithstanding the
foregoing and subject to prior credit review, submission of appropriate
legal documentaton (including, but not limited to, any appropriate
Secretary of State or other filings or documents specifed by Qwest)
and approval by Qwest of CLEC's proposed assignee, CLEC may
assign this Agreement without prior written consent of Qwest to any
Affliate, successor through merger, or acquirer of substantially all of its
assets; and Qwest may assign this Agreement without prior written
consent to any Affliate, succssor through merger, or acquirer of
substantially all of its business assets; provided that in all cases the
assignee of CLEC or Qwest, 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
wil be binding as to the Partes' respective succssors and assigns.
16.2 In the event that Qwest transfers to any unaffliated part
exchanges, including End User Customers that CLEC serves in whole
or in part through Services provided by Qwest under this Agreement,
Qwest will ensure that the transferee serves as a successor to and
fully performs all of Qwests 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 prpoed trnsfer, Qwest will use its best efforts to faciltate
discuions between CLEC and the transferee with respect to the
trnsferee's asumption of Qwests obligations after the transition
peri set forth above in accordance with the terms and provisions ofthis Agreement. .
17. Reporting Requirements. If reporting obligations or
reuirement are imposed upon either Part by any third part or
reulator agency in connection with this Agreement or the Services,
including use of the Services by CLEC or its End Users, the other
Part agrees to assist that Part in complying with such obligations and
requirements, as reasonably required by that Part.
18. Survival. The expiration or termination of this Agreement
does not relieve either Part of those obligations that by their nature
are intended to survive.
19. ConfdentiaJity Nondisclosure.
19.1 Neither Part will, without the prior written consent of the
oter Part (a) issue any public announcement regarding, or make any
other disclosure of the terms of, this Agreement or use the name or
marks of the other Part or its Affliates; or (b) disclose or use (except
as expressly permitted by, or reuired to achieve the purposes of, this
Agreement) the Confidential Information of the other Part. Consent
may only be given on behalf of a Part by its Legal Department.
However, a Part may disclose Confidential Information if required to
do so by a govemmental agency, by operation of law, or if necessary
in any proceding to establish rights or obligations under this
Agreement, provided that the disclosing Party gives the non-disclosing
Part resonable prior written notice and the receiving Part will
cooperate wih the disclosing Part to seek or take appropriate
protectve 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
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. Qwest in complying with such obligations and requirements, as
reasonably required by Qwest and to hold Qwest harmless for any
failure by CLEC in this regard. Qwests copliance with any regulatory
filing obligation will not costitute a violation of this section. Each Part
wil use reasonable efforts to protect the other's Confidential
Information, and will use at least the same effort to protect such
Confidential Information as the Part would use to protect its own.
19.2 All Confidential Information wil remain the propert of the
disclosing Part. A Part who reçeives Confidential Information via an
oral communication may request wrtten confirmation that the material
is Confidential Information. A Part who delivers Confidential
Information via an oral communication may request wrtten
confirmation that the Part receiving the information understands that
the material is Confidential Information. Each Part has the right to
correct an inadvertent failure to identify information as Confidential
Information by giving written notification within thirt (30) Days after the
information is disclosed. The receiving Part will from that time
forward, treat such information as Confidential Information.
19.3 Upon request by the disclosing Part, the receiving Part will
retum all tangible copies of Confidential Information, whether written,
graphic or otherwise, except that the receiving Part may retain one
copy for archival purposes.
19.4 Each Part will keep all of the other Parts Confidential
Information confidential and will disclose it on a need to know basis
only. Each Part will use the other Parts Confidential Information
only in connection with this Agreement and in accordance with
Applicable Law. Neither Part wil use the other Parts Confidential
Information for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in writing. If
either Part loses, or makes an unauthorized disclosure of, the other
Parts Confidential Information, it will notify such other Part
. immediately and use reasonable effort 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 fumished by either Part to the
other in furtherance of the purpose of this Agreement, even if fumished
before the Effective Date.
19.6 Each Part agrees that the disclosing Part could be
irreparably injured by a breach of the confidentiality obligations of this
Agreement by the receiving Part 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.
19.7 Nothing herein should be construed as limiting either Parts
rights with respect to its own Confidential Information or its obligations
with respect to the other Part's Confidential Information under Section
222 of the Act.
20. Waiver. Except as otherwse provided herein, neither
Part's failure to enforc any right or remedy available to it under this
Agrement will be construed as a waiver of such right or a waiver of
any other provision hereunder.
21. Regulatory Approval. Each Part reserves its rights with
respect to whether this Agreement is subject to Sections 251 and 252
of the Act. In the event the FCC, a state commission or any other
govemmental authority or agency reject or modifies any material
provision in this Agreement, whether by direct action or by virtue of
generic proceedings, including without limitation, any pricing terms,.
either Part may immediately upon written notice to the other Part
terminate this. Agreement in whole or in part, including without
limitation, with respect to Service in any state. In the event a Part
exercises its right to terminate pursuant to this Section 21, the other
Part agrees to consent to any regulatory approvals necessary to
disconnect any circuits provided pursuant to this Agreement and
further agrees to provide any required notice to affected customers
within five (5) business days of such notice. If a Part is required by a
lawfl, binding order to file this Agreement or a provision then:iof with
the FCC or state regulatory authorities for approval or regulatory
review, the filing Part shall provide wrtten notice to the other Part of
the existence of such lawfl, binding order so that the other Part may
seek an injunction or other relief from such order. In addition, the filing
Part agrees to reasonably cooperate to amend and make
modifications to this Agreement to allow the filing of this Agreement or
the specific part of this Agreement affected by the order to the extent
reasonably necessry.
22. Notices. Any notices required by or conceming this
Agreement wil be in writing and will be suffciently given if delivered
personally, delivered by prepaid overnight express service, sent by
facsimile with electronic confirmation, or sent by certifed 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. Notwthstanding anything herein to the contrary, Qwest
may provide notice via email or by posting to Qwests website without
duplicate written notificaton for: (v) marketing notices; (w) notices
provided under Section 8; (x) rate change notices; or (y) notices
regarding changes in maintenance windows.
23. Force Majeure. Neither Part shall be liable for any delay
or failure in performance of any part of this Agreement frm any cause
beyond its control and without its fault or negligence including, without
limitation, act of nature, act of civil or miltary authority, government
regulations, embargoes, epidemics, terrrist 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). Inabilty to secure products or services
of other Persons or transportation facilities or acts or omissions of
transportation carrers shall be considered Forc Majeure Events to
the extent any delay or failure in performance caused by these
circumstances is beyond the Parts control and without that Parts
fault or negligence. The Part affected by a Force Majeure Event shall
give prompt notice to the other Part, shall be excused from
performance of its obligations hereunder on a day to day basis to the
extent those obligations are prevented by the Force Majeure Event,
and shall use reasonable effort to remove or mitigate the Force
Majeure Event. In the event of a labor dispute or strike the Parties
agree to provide Service to each other at a level equivalent to the level
they provide themselves.
24. Governing Law. Colorado state law, without regard to
choice-of-Iaw principles, govems all matters arising out of, or relating
to, this Agreement.
25. Dispute Resolution.
25.1 The Parties wil attempt. in good faith to resolve through
negotiation any dispute, claim or controversy arising out of, or relating
to, this Agreement. Either Part may give wrtten notice to the other
Part of any dispute not resolved in the normal course of business.
Each Part wil, within seven (7) Days after delivery of the written
notice of dispute, designate a vice-preident level employee or a
representative with authority to make commitments to review, meet,
and negotiate, in good faith, to resolve the dispute. The Parties intend
that these negotiations be conducted by non-lawyer, business
repreentatives, and the locations, format, fruency, duration, and
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conclusions of these discussions will be at the discretion of the
representatives. By mutual agrement, the reprsentaives may use
other procedures to assist in these negotiations. The discussions and
correspondence among the representatives for the purpses of these
negotiations will be treated as Confidential Infonnation developed for
purposes of settlement, and will be exempt from discovery and
production, and are not admissible in any subsequent proceedings
without the concurrence of both Parties.
25.2 If the designated representatives have not reched a
resolution of the dispute within fifteen (15) Days after the wren notice
(or such longer period as agreed to in wring by the Parties), theneither Part may commence a civil acton. Any acton 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 otherse be
brought in the Denver District Court for the Stae of Colorado. The
Parties agree that such courts have personal jurisdiction over them.
25.3 Waiver of Jurv Trial and Class Action. Each Part, to the
extent pennitted 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 fonn of action, ariing
out of, or relating to this Agreement, may be brought by either Part
more than two (2) years after the cause of acton ari.
26. Headings. The headings used in this Agreement are for
convenience only and do not in any way limit or otherwse aff the
meaning of any tenns of this Agrement.
27. Authorization. Each Part represents and warrnts that:
A. the full legal name of the legal entity intended to provide and
receive the benefis and Servces under this Agreement is
accurately set forth herein;
B. the person signing this Agreement has been duly authoried
to execute this Agreement on that Part's behalf;
C. the execution hereof is not in conflict with law, the tenns of
any charter, bylaw, articles of association, or any agreement to
which such Part is bound or affeced; and
D. each Part may act in reliance upon any instructon,
instrument, or signature reasonably believed by it to be authorized
and genuine.
28. Third Part Beneficiaries. The tenns, representations,
_ warrnties and agreements of the Parties set forth in this Agreement
are not intended for, nor wil they be for the benefit of or enforceable
by, any third part (including, without limitation, CLEC's Affliates and
End Users).
29. Insurance. Each Part shall at all times during the tenn of
this Agreement, at its own cost and expense, carr and maintain the
insurance coverage listed below with insurers having a "Bests. rating
of B+XII with respect to liability arising from its operations for which
that Part has assumed legal responsibilty in this Agreement. If a
Part or its parent company has assets equal to or exceeing
$10,000,000,000, that Part may utilze an Affliate captive insurance
company in lieu of a "Bests. 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 affliated Part
fails to meet such obligations.
29.1. Workers' Copensation wih statutory limits as required in .
the state of operation and t=mployers' Liabilty insurance with limits of
not less than $100,000 each accident.
29.2 Commercial General. Liabilty insurance covering claims for
bodily injury, death, persnal injury or propert damage, including
coverage for independent contractor's protection (required if any work
will be subcontracted), product and/or completed operations and
contractual liabilty with respect to the liabilty assumed by each Part
hereunder. The limits of insurance shall not be less than $1,000,000
each occurrce and $2,000,000 general aggregate limit.
29.3 "All Risk" Propert coverage on a full replacement cot basis
insuring all of such Parts personal propert situated on or within the
Premises.
29.4 Each Part may be asked by the other to provide
certficate(s) of insurance evidencing coverage, and thereafter shall
provide such certificate(s) upon request. Such certificates shall:
A. name the other Part as an additional iRsured under
commercial general liabilty coverage;
B. indicate that coverage is primary and not excess of, or
contributry with, any. othèr valid and collectible insurance
purcased by such Part; and
C. acknowledge severability of interest/cros liability coverage.
30. Communications Asistance Law Enforcement Ac of
199. Each Part represents and warrnts that any equipment,
facilties or Servce provided to the other Part under this Agreement
comply wi the CAL EA. Each Part wil indemnify and hold the other
Part hannles. from any and all penalties imposed upon the other .
Part for such noncompliance and will at the non-empliant Parts
sole cost and expense, modify or replace any equipment, facilties or .
Services provided to the other Party under this Agreement to ensure
that such equipment, facilities and Servces fully comply with CALEA.
31. Entire Agreement. This Agreement (including all
Attchments, Rate Sheets, and other documents referred to herein)
constitues the full and entire understanding and agreement between
the Parties with reard to the subject of this Agreement and
supersedes any prior understandings, agreements, or representations
by or betwen the Parties, written or oral, including but not limited to,
any tenn sheet or memorandum of understanding entered into by the
Parties, to the extent they relate in any way to the subjects of this
Agreeent. Notwthstanding the foregoing, certain elements used in
combination with the Service provided under this Agreement are
provided by Qwest to CLEC under the tenns and conditions of its
interconnection agreement, and nothing contained herein is intended
by the Parties to amend, alter, or otherwse modify those tenns and
conditions.
32. Proof of Authorization.
32.1 Each Part shall be responsible for obtaining and
maintaining Proof of Authorization (POA), as required by applicable
federal and state law, as amended from time to time.
32.2 Each Part will make POAs available to the other Part upon
request. In the event of an allegation of an unauthorized change or
unauthorized service in accordance with Applicable Law, the Part
charged with the alleged infraction shall be responsible for resolving
such claim, and it shall indemnif and hold hannless the other Part for
any losses, damages, penalties, or other claims in connection with the
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. alleged unauthorized change or service.
33. General Terms.
33.1 Qwst wil provide general repair and maintenance services
on its facilties, including those facilties supporting Services purchased
by CLEC under this Agrement, at a level that is consistent with other
comparable services provided by Qwest.
33.5. Individual Case Basis Requests. CLEC may request
additional Services not specied in this Agreement and Qwest wil
consider such request on an Individual Case Basis.
33.6. Responsibilty For Environmental Contamination.
33.2 In order to maintain and modemize the netwrk properly,
Qwest may make necesary modifications and changes to its netwrk
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Network maintenance and modemization
activities wil result in transmission parameters that are within
transmission limits of the Service ordered by CLEC. Qwest will provide
advance notice of changes that affct network Interoperabilty pursuant
to applicable FCC rules.
A. Neither Party shall be liable to the other for. any costs
whatsoever resulting from the presence or release of any
Environmental Hazrd that either Party did not introduce to the
affected work location. Each Part shall defend and hold
harmless the other Part and its respectve offcers, directors and
employees from and. against any losses, damages, claims,
demands, suits, liabilties, fines, penalties and expenses
(including reasonable attomeys' fees) that arise out of or result
from:
1. any Environmental Hazard that the Indemnifng Part,
its contractors or agents introduce to the work locations; or
33.3 Network Security.
A. Protection of Service and Propert. Each Part will exercise
the same degree of care to prevent hanT or damage to the other
Part and any third parties, its employees, agents or End User
Customers, or their propert as it employs to protect its own
employees, agents, End User Customers and property, , but in no
case less than a commercially reasonable degree of care.
2. the presence or release of any Environmentl Hazard
for which the Indemnifying Part is responsible under
Applicable Law.
.
B. Each Party is responsible to provide security and privacy of
communications. This entails protecting the confiential nature of
Telecommunications transmissions between End User Customers
during technician work operations and at all times. Specifically,
no employee, agent or representative shall monitor any circuits
except as required to repair or provide Service of any End User
Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or
who participated in such communications or even that such
communication has taken place. Violation of such security may
entail state and federal criminal penalties, as well as civil
penalties. CLEC is responsible for covering its employees on
such security requirements and penalties.
B. In the event any suspect meterials within Qwest-owned,
operated or leased facilties are identified to CLEC by Qwest to be
asbestos containing, CLEC will ensure that to the extent any
activities which it undertkes in the facilty disturb such suspect
materials, such CLEC activities will be in accrdance with
Applicable Law, including without limitation, applicable local, state
and federal environmental and health and safety statutes and
regulations. Except for abatement activities undertaken by CLEC
or equipment placement activities that reult in the generation of
asbestos-cntaining material, CLEC does not have any
responsibilty for managing, nor is it the owner of, nor does it have
any liabilty for, or in connection with, any asbestos-cntaining
material. Qwest agrees to immediately notify CLEC if Qwest
undertkes any asbestos control or asbestos abatement activities
that potentially could afect CLEC personnel, equipment or
operations, including, but not limited to, contamination of
equipment.
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 unbilable
revenues, resulting from accidental, errneous, malicious,
fraudulent or otherwse unauthorized use of Services or facilties
('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. Qwest wil provide necessary construction
only to the extent required by Applicable Law..Oct 22, 2010/caclipertei Communications
AZ=CDS-101022-0012; CO=CDS-101022-0013; IA=CDS-101022-0014; ID=CDS-101022-0015; MN=CDS-101022-0016; MT=CDS-101022-Q017;
ND=CDS-101022-0018; NM=CDS-101022-0019; OR=CDS-101022-0020; WA=CDS-101022-Q021; WY=CDS-1 01 022-0022Qwest QLSpTM MSA - (v10-15-10) Page 9 of 11
DocuSign Envelope 10: 9EA7A8E5-739C-2E3-B9C4-9F10793AF5CC
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITIONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as
amended.
"Advanced Intellgent Network" or "AIN" is a Telecommunications network
architecture in which call processing, call routing and network management
are provided by means of centralized databases.
"Affliate" means a Person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with,
another persn. For purposes of this paragraph, the term 'own' means to
own an equity interest (or the equivalent there of more than 10 percent.
"Automatic Location Identification" or "ALI" is the automatic display at the
Public Safety Answering Point of the callets telephone number, the
address/location of the telephone and supplementary emergency services
information for Enhanced 911 (E911).
"Applicable Law" means all laws, statutes, common law including, but not
limited to, the Act, the regulations, rules, and final orders of the FCC, a
state regulatory authority, and any final orders and decisions of a court of
competent jurisdiction reviewing the regulations, rules, or orders of the
FCC or a state regulatory authority.
"Bil Date" means the date on which a Billng period ends, as identified on
the bilL.
"Biling" involves the provision of appropriate usage dat by one
Telecommunications Carrer to another to facilitate Customer Biling wi
attendant acknowledgments and status reports. It also involves the
exchange of information between Telecommunications Carrers to process
claims and adjustments.
"Carrer" or "Common Carret' See Telecommunications Carrier.
"Central Ofce" means a building or a space within a building where
transmission facilties 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 Enforcment Ac or "CALEA" refers
to the duties and obligations of carrers under Section 229 of the Act.
.Confidential Information" means any information that is not generally
available to the public, whether of a technical, business, or other nature
and that: (a) the receiving Part knows or has reason to know is
confidential, proprietary, or trade secret information of the disclosing Party;
and/or (b) is of such a nature that the receiving Part should reasonably
understand that the disclosing Part desires to protect such information
against unrestricted disclosure. Confidential Information will not include
information that is in the public domain through no breach of this
Agreement by the receiving Part or is already known or is independently
developed by the receiving Part.
"Customer" means the Persn purchasing a Telecommunications Service
or an information service or both from a Carrer.
"Day" means calendar days unless otherwse specified.
"Demarcation Point" is defined as the point at which the LEC ceases to
own or control Customer Premises wiring including without limitation inside
wiring.
"Directory Assistance Database" contains only those published and n.
listed telephone number listings obtained by Qwest from its own End U
Customers and other Telecommunications Carrers.
"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 callets direction.
"Due Date" means the specific date on which the requested Service is to
be available to the CLEC or to CLEC's End User Customer, as applicable.
"End User Customer" means a third part retail Customer that subscribes
to a Telecommunications Service provided by either of the Parties or by
another Carrer or by tw (2) or more Carrers.
"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 Liabilty Act, Superfund Amendment and
Reauthorizaion Act, Resource Conservation Recvery 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, saety or the environment (including, without limitation, indoor,
outdoor or orbital space environments) and is regulated under any
Aplicable Law.
"FCC" mens the Federal Communications Commission.
"Interxchange Carrer" or "IXC" means a Carrer that provideslnterLATA
or IntraLATA Toll services.
"Line Information Database" or "L1DB" stores various telephone .
numbers and Special Biling Number (SBN) data used by operator servi
systems to process and bil Alternately Biled Service (ABS) calls. The
operator servce system accsses L1DB data to provide originating line
(calling number), Billng number and terminating line (called number)
infotion. L1DB is used for callng card validation, fraud prevention,
Billng or servce restctions and the sub-accunt information to be
included on the call's Billng record. Telcordia's GR-446-eORE defines the
interface between the administration system and L1DB including specific
messge formats (Telcordia's TR-NWP-000029, Section 10).
"Line Side" refers to End Offce Switch connections that have been
programmed to treat the circuit as a local line connected to a terminating
station (e.g., an End User Customets telephone station set, a PBX,
answering machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carriet' or "LEC" means any Carrier that is engaged in
the provision of Telephone Exchange Service or Exchange Accss. Such
term does not include a Carrer insofar as such Carrer is engaged in the
prvision of Commercial Mobile Radio Service under Section 332(c) of theAct, 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 facilit between a
distribution frame (or its equivalent) in a Qwest central Offce and the Loop
Demarction Point at an End User Customets Premises
"Local Servce Request" or "LSR" means the industry standard forms and
supporting documentation used for ordering local services.
Oct 22, 2010/cacfPipertel Communications .
AZ=CDS-101022-0012; CO=CDS-101022.0013; IA=CDS-101022-0014; ID=CDS-101022-o015; MN=CDS-101022-0016; MT=CDS-101022-o017; ND=CDS.
101022-0018; NM=CDS-1 01 022-0019; OR=CDS-1 01 022-0020; WA=CDS-1 01 022-0021; WY=CDS-1 01 022-0022Qwest QLSpTM MSA - (v1Q-15-10) Page 10 of 11
'*
DocuSign Envelope 10: 9E7A8E5-739C-42E3-B9C4-9F10793AF5CC
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITIONS
.sceiianeous Charges" mean charges that Qwest may assess in addition
recurrng and nonrecurrng 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 Qwests recurring or nonrecurrng rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Netwrk 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 capabilties that are provided by means of
such facility or equipment, including subscriber .numbers, databases,
signaling systems, and information suffcient for Biling and collecion orused 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 billng systems.
"Order Form" means service order request forms issued by Qwest, as
amended from time to time.
"Person" is a general term meaning an individual or association,
corporation, firm, joint-stock company, organization, partnership, trust or
any other form or kind of entity.
"Port" means a line or trunk connection point, including a line card and
associated peripheral equipment, on a Central Offce Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilities connected to the central Ofce Switch. Each
Line Side Port is typically associated with one or more telephone numbers
that seive as the Customets network address.
AemiSeS" refers to Qwests Central Offces and Serving Wire Centers; all
~~dingS or similar structures owned, leased, or otherwse controlled by
Qwest that house its network facilities; all structures that house Qwest
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 contrlled by Qwest that is adjacent to these central
Offces, Wire Centers, buildings and structures.
"Proof of Authorization" or "POA" shall consist of verification of the End
User Customets selection and authorization adequate to document the
End User Customets selection of its local service provider and may take
the form of a third party verificaion format.
"Provisioning" involves the exchange of information beteen
Telecommunications Carrers where one executes a request for a set of
products and servces from the other with attendant acknowledgments and
staus reports.
"Public Switched Network" includes all Switches and transmission facilities,
whether by wire or radio, provided by any Common Carrer including LECs,
IXCs and CMRS providers that use the North American Numbering Plan in
connection with the provision of switched services.
"Servng Wire Centet' denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a particular
Customer Premises.
Access Tandem Switches), and between Tandem Switches within the
Local Callng Area, as described more fully in this Agreement.
"Switch" means a switching device employe by a Carrer within the Public
Switched Network. Switch includes but is not limited to End Ofce
Switches, Tandem Switches, Accss Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End OffcefTandem Switches.
"Switched Access Traffc," as specifically defined in Qwests interstate
Switched Access Tariff, is traffc that originates at one of the Parts End
User Customers and terminates at an IXC Point of Presnce, or originates
at an IXC Point of Presence and terminates at one of the Part's End User
Customers, whether or not the traffc transits the other Part's netwrk.
"Tariff' as used throughout this Agreement refers to Qwest interstate
Tariff and state Tariffs, pri lists, and price schedules.
"Telecommunications Carret' means any provider of Telecommunications
Servces, except that such term does not include aggregators of
Telecommunications Services (as defined in section 226 of the Act). A
Telecommunications Carrer shall be treated as a Common Carrer 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 satellte service shall be treated
as common carrage.
"Telecommunications Service" means the offering of telecommunications
for a fee directly to the public, or to such clases of users as to be
effectvely available directly to the public, regardless of the facilties 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 fumish 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 asubscriber can originate and terminate a Telecmunications Service.
"Trunk Side" refers to Switch connections that have been programmed to
treat the circuit as connected to another switching entity.
"Wire Centet' denotes a building or space within a building that serves as
an aggregation point on a given Carrets netwrk, where transmission
facilties are connected or switched. Wire Center can also denote a
building where one or more Central Ofces, used for the provision of basic
exchange Telecommunications Services and access Services, are located.
Terms not otherwse defined here but defined in the Act and the orders and
the rules implementing the Act or elsewhere in this Agreement, shall have
the meaning defined there. The definition of terms that are included here
and are also 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.
"Shared Transport" is defined as local interoffce transmission facilties
shared by more than one Carrer, including Qwest, betwn End Ofce
Switches, betwn End Ofce Switches and Tandem Switches (local and
.22, 2010/caclPipertei Communications
=CDS-101022-0012; CO=CDS-101022-0013; IA=CDS-101022-0014; ID=CDS-101022-0015; MN=CDS-101022-0016; MT=CDS-101022-o017; ND=CDS-
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.1.0
.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT2-QLSP~ Service Description
Qwst will provide Qwest Local Services Platfrm~
("QLSpq) Services according to the terms and conditionsset forth in the QLSP Agrement betwen the Parties (the
"Agreement") and in this Atchment 2 to the Agrement,
which is incorprated into and made a part of the Agrement
(this "Attchment"). Excpt as otheiwise set forth in this
Attchment, capitlized terms used but not otherwse
defned herein have the defnitions 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.
1.2.1 Pursuant to the order issued by the FCC
pertining to the availabilty of Unbundled Netrk Element
("UNE") Loops under Secton 251(c)(3) of the Act in itsReport and Order-Petition of Qwest Corpration for
Forbarance Pursuant to 47 U.S.C. § 160(c in the Omaha
Metrpolitan Statistical An/a, FCC 05-170, WC Docet No.
04-223, (effective September 16, 2005), Qwest wil provide
to CLEC the Loop element of QLSP Servces purchased in
the following nine Omaha Nebraska Wire Centers under the
terms and conditions of the Agreement and this Attchment
at Rates provided in the Rate Sheet: Omaha Douglas;
Omaha Izard Street; Omaha 90th Stret; Omaha Fort Street;
Omaha Fowler Stret; Omaha 0 Street; Omaha 78th Street;
Omaha 135th Street; and Omaha 156th Street.
1.2.2 The followng QLSP Service types will be
combined with 2-wre loops: QLSP Busines; QLSP Centrex
(including Centrex 21); Centrx Plus; Centr in Minnesota
only; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP ResidentiaL.
1.1 General QLSP Service Description.
1.1.1 QLSP Services' consist of Local Switching and
Shared Transport in combination. Qwest Advance
Intellgent Network ("AIN") Services, e.g., reote accs
foiwarding, and Qwest Voice Messaging Services ("\MS")
may also be purchased with compatible QLSP Service.
These Netwrk Elements will be provided in compliance wi
all Telcordia and other industry standards and technical and
perfrmance specifications to allow CLEC to combine the
QLSP Service with a compatible voicemail product and
stutter dial tone. Qwest will provide accss to 911
emergency servce and directory listings in accrdance with
the terms and conditions of CLEC's intercnnecon
agreements ("I CAs"), except that the busines end user rate
in the applicable tariff applies to all end user premium and
privacy direory listings (with the excption of residential
additional listings, I.e., USOC RL T) when services are
provisioned to CLEC under this Agreement whether CLEC's
end user is a residential end user or a business end user.
As part of theQLSP Service, Owest combines the Netwrk
Elements that make up QLSP Servce 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
purcase Owest Commercial High Sped Intemet (HSI)
Service (also known as Qwest Digital Subscrber Lin~
(DSL)), under a separate Services agrement, 'to be used
with copatible QLSP Service.
1.2.3 QLSP PBX Analog 2-Way DID Trunks wil be
combined with 4 wire loops.
1.3 Local Switching. The Local Switching Netwrk Element
("Local Switching") is collectively the Line Side and Trunk
Side facilties in the local serving Owest end offce Switch
which provides the basic switching function, the port, plus
the features, functons, and . capabilties of the switch
including all compatible, available, and loaded vertical
features (e.g., anonymous call rejecton) that are loaded in
that switch. Vertcal features are softre attbutes on end
offce Swiches and are listed on the Owest wholesale
website. Qwet signaling is provided with Local Swtching
solely as described in Secton 1.4.2 of this Atchment. The
following Local Switching port are available wit QLSP
Servce: Analog Line Port, Digital Line Port Supportng
Basic Rate Interfcentegrated Services Digital Netw
("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 detecon; audible and power ringing;
Automatic Messge Accunting (AMA Recording); and
blocking options. .1.1.2 QLSP Service is available in six diffrent 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,Centrn); QLSP ISDN BRI; QLSP Public Accss Lines
("PAL"); QLSP PBX Analog DID and non-DID (one way and.
two way) trunks.
1.3.2 Digital Line Port Supporting BRI ISDN. BRI ISDN
is a digital arcitere that provides integrated voce and
data capabilty (2 wire). A BRI ISDN Port is a Digital 2B+D
(2 Bearer Channels for voice or data and 1 Delta Channel forsignaling and 0 Channel Packet) Line Side Swich
connecton with BRI ISDN voice and data basic elements.
For flexibilty and customization, optional features can be
added. BRl ISDN Port does not offer B Channel Packet
service capabilities; The serving arrngement conforms to
the interationally developed, published, and reconized
standards generated by Intemational Telegraph and
Telephone Union (formerly CCITT).
1.1.3 Nothing in this Attachment or the Agreementprecludes Qwest fr wihdrawing availabilty of
comparable, functionally equivalent services frm it retail
end user customers. In the event of such withdrawal or
discontinuation, Owest may also withdraw availabilty of the
equivalent QLSP Service.
1.2 Combination of QLSP Service with Loops. Excpt as
described below, the Loop will be provided by Qwest under
the applicable ICAs in effect betwen Qwest and CLEC at
the time the order is place. As part of the QLSP Servce,
Qwest will combine the Local Swiching and Shared
Transport Netwrk Elements with the Loop.
1.3.3.1 Analog trnk Port provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or
4-Wire connecions, This Trunk Side connecton
inherently includes hunting within the trnk group.
1.3.3 Analog Trunk Port. DSO analog trnk Port Gan be
configured as DID, DOD, and twway.
. Oct 22, 2010/caclipertel Communications
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ND=CDS-101022-o018; NM=CDS-101022-o019; OR=CD8-1 01 022-0020; WA=CDS-101022-o021; WY=CDS~101022-0022
Attchment 2 - QLSP~ - (v8-20-10)
DocuSign Envelope 10: 9EA7A8E5-739C-42E3-B9C49F10793AF5CC
1.3.3.2 All trnks are designed as 4-Wire leaving
the Central Ofce. For 2-Wire service, the trnks are
converted at the End User Custer's location.
QWEST LOCAL SERVICES PLATFORMq¡ AGREEMENT
ATTACHMENT 2-QLSPq¡ Service Description
record; and calling card, biled to third number, and collect .
call infonnation used in processing Altemately Biled
Services (ABS).
1.3.3.3. Two-way analog DID trnks are capable of
initating out going calls, and may be equipped wih
either rotary or touch-tone (DTMF) for this purpse.
When the trunk is equippe wi DID call trnsfer
feature, both the trnk and telephone instrments
must be equipped wih DTMF.
1.4.5 The ICNAM database is used with certain end
offce Switch features to provide the callng parts name to
CLEC's End User Customer with the applicable feature
capabilty. The ICNAM database contains currnt listed
name data by working telephone number served or
administere by Qwest, including listed name data provided
by other Telecommunictions carners participating in
Qwsts callng name delivery service arrngement.1.3.3.4 Two-ay analog DID trnks reuire E&M
signaling. Qwest will use Type I and II E&M
signaling to provide these trnks to the PBX. Typ II
E&M signaling fro Qwst to the PBX will be
handled as a special assembly request on an
Individual Case Basis.
1.4.6 Qwest will provide the listed name of the callng
part that relates to the callng telephone number (when the
infonnation is actually available in Qwsts database and the
delivery is not blocked or otherwse limited by the callng
part or other appropriate request).
1.3.4 Usage. Local Swiching Usage is biled on a
Minute of Use ("MOU". basis as described wihin this
Attchment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
1.4.7 For CLEC's QLSP End User Customers, Qwest
will load and update CLEC's QLSP End User Customers'
name infnnation into the L1DB and ICNAM databases frm
CLEC's completed servce orders. CLEC is responsible for
the accracy of its End User Customers' infonnation.1.4 Vertical Feature and Ancilary Functons and Services.
1.4.1 QLSP Service indudes nondiscriminato acc to
all . vertical features that are loaded in the locl servng
Qwest end offce switch.
1.4.8 Qwest will exercise reasonable effort to provide
accrate and complete L1DB and ICNAM inforation. The
infonnation is provided on an as-is basis with all faults.
Qwt does not warrnt or guarantee the correcness or the
completnes of such infonnatin; howver, Qwest wil
accs the same database for CLEC's QLSP End User
Customers as Qwst accesses for its own End User
Customers. Qwst will not be liable for system outge or
inacceibilty or for losses arising frm the autoried use of .
the data by ClEC.
1.4.2 Local Switching includes use of Qwests signaling
network (ISUP call set-up) solely for local Traffc. "local
Traffc" and "local calls" means calls that originate and
tenninate within the local callng Area as defined in the
Qwest tariff. Qwest will provide service contrl points jn the
same manner, and via the same signaling links, as Qwest
uses such servce contrl point and signaling links to
provide i:ervice to its End User Custoers served by that
swtch. Qwests call related databases include the line
Infonnation Database (lIDB), Intemetwrk calling Name
Database (ICNAM), 8XX Database for toll fr calling, AIN
Databases, and local Number Portbilit Databae. CLEC
will not have acces to Qwests AIN-based servces that
qualify for proprietary treatment, except. as expressly
provided for in the Agreement or this Attchment. Local
Switching does not include use of Qwests signaling netw
for Toll Traffc. "Toll Traffc" and "Toll calls" means intr local
acc and transport area ("LATA") or interLTA calls that
originate and tenninate outside of the local callng Ar as
defined in the Qwest tariff. For all Toll Traffc originated by
or tenninated to ClEC's QLSP End User Customer, Qwest
may bil applicable tariff charges. induding SS7 message
charges (ISDN User Part (ISUP) and Transacton
Capabilities Application Part (TCAP)), to the Interexchange
Carrier (IXC) or other wholesale SS7 provider.
1.4.9 Qwest will not charge CLEC for the storage of
ClEC's QlSP End User Custoers' infnnation in the lIDB
or ICNAM databases.
1.5 Share Transport and Toll.
1.4.3 ICNAM and lIDB. ClEC will - have non-
discriminatory accss to Qwests L1DB database and ICNAM
database as part of the delivery of QlSP Servce.
1.5.1 Shared Transport. The Shared Transport
Netwrk Element ("Shared Transport) provides the
collective interoce trnsmission facilties shared by various
carners (including Qwest) between end-offce switchs and
betwen end-offce switches and local tandem switches
wihin the Local Calling Area. Share Transport uses the
existing routing tables resident in Qwest switches to carr
the End User Customer's originating and terminating
10caVextended area service interoffce Local traffc on the
Qwest interoffce message trunk netwrk, ClEC traffc will
be carned on the same transmission facilities betwen end-
offce switches, between end-offce switches. and tandem
switches and betwen tandem switches on the same
netwrk facilties that Qwest uses for it own trffc. Shared
Transport does not include use of tandem switches or
transport betwn tandem switches and end-offce switches
for Local calls that originate frm end users served by non-
Qwest Telecommunications Carners ("carner(s)" which
tenninate to QLSP End Users.1,4.4 The L1DB database contins the followng data:
various telephone line numbers and special biling number
(SBN) data; originating line (calling number); biling number
and tenninating line (called number) infonnation; callng card
validation; frud prevention; Billng or service restrictons;
sub-accunt information to be included on the call's Billng
1.5.2 Originating Toll Calls frm, and tenninating Toll
calls to, QLSP End Users wil be delivered to/from the
designated IXCs frm the Qwest end-offce swiches and
acces tandems. Use of accss tandem switches are notOct 22, 2010/caipertel Communications .
AZ=CDS-101022-0012; CO=CDS-101022-o013; IA=CDS-101022-o014; ID=CDS-101022-0015; MN=CDS-101022-o016; MT=CDS-101022-o017;
ND=CDS-1 01 022-0018; NM=CDS-101022-o019; OR=CDS-101022-0020; WA=CDS-101022-o021; WY=CDS-101022-o022Attchment 2 - QLSPq¡ - (v8-20-10) 2
DocuSign Envelope 10: 9EA7 A8E5-739C-2E3-B9C4-9F1 0793AF5CC
QWEST LOCAL SERVICES PLATFORM4ì AGREEMENT
ATTACHMENT 2-QLSP4ì Service Description.
1.5.3 IntraLATA and InterLATA Carrer Designation.
QLSP includes the capabilty for selection of the interLATA
and intraLATA Toll provider(s) on a 2-Primary Interexchange
carrer (PIC) basis. CLEC will designate the PIC
assignment(s) on behalf of its End User Customers for
interLTA and intrLATA Services. All CLEC initiated PIC
changes will be in accordance with all Applicable Laws, rules
and regulations. Qwest will not be liable for CLEC's
improper PIC change requests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Qwest does not
authorize CLEC to ofr, reuest, or select Qwst LPIC 5123
servce to CLEC's End User Customers for intr LATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwest LPIC 5123 to CLEC's End User
Customers, Qwest wil bil CLEC and CLEC will pay Qwest
the rates contained or referenced in the attched Rate
Sheet.
of an analog Line Side Port and Shared Transport provied
under the Agreement with an analog - 2 wire voice grade
Loop provided in accordance with CLEC's ICAs, except for
those Loops that are otherwse provided for in the
Agreement.
included in the Agreement or this Atchment and accss
tandem charges, if any, may be biled by Qwet to the IXC(s)
under the applicable access tarif.
1.6.5 QLSP PBX is available to CLEC for CLEC's
busines End User Customers.
1.6.5.1 PBX analog non-DID trnks 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
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6.5.2 PBX with analog 1-wy DID trnks 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 otherwse
provided for in the Agreement.
1.5.5 Usage. Shared Transport is billed on a MOU
basis as describe within this Attchment. Rates for
"Shared Transport Usage" or .Shared Transport MOUs. are
provided in the QLSP Rate Sheet.
1.6.5.3 PBX with analog 2- way DID trnks are
combinations of a DID trunk Port and Share Transport
provided under the Agreement with an Analog - 4 wire
voice grade Loop provided in accrdance with CLEC's
ICAs, excpt for those Loops that are otherwse
provided for in the Agreement.1.6 QLSP Service Arngement 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 Share Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except for those
Loops that are otherwse provided for in the Agreement.
1.6.6 QLSP Residential is available to CLEC for CLEC's
residential End User Customers and is the combinatn of an
analog Line Side Port and Shared Transport prvided under
the Agrement with an analog - 2 wire voice grae Loop
provided in accordance with CLEC's ICAs, except as
otherwse provided for in the Agreement. QLSP Residential
may be ordered and provisioned only for residential End
User Customer application. The definition of residential
service is the same as in Qwests retail tariff as applied to
Qwsts End User Customers.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Servces
include Centrex 21, Centrex Plus and, in Minnesota only,
Centrn, and are the combination of an analog Line Side
Port and Shared Transport provided under the Agrement
with an analog - 2 wire voice grade Loop provided in
accrdance with CLEC's ICAs, except for those Loops that
are otherwse provided for in the Agrent.
1.6.2.1 CLEC may reuest a conversion fr Centrex
21, Centrex-Plus or Centron service to QLSP Busines or
QLSP Residential. The Conversion NRC(s) provided in
the Rate Sheet will apply.
1.6.6.1 In order for CLEC to receive QLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must identif
residential end users by working telephone number
(WN) utilizing the LSR proce as descrbe in the
Qwest wholesale website.
2.0 Additional Terms and Conditions and Service Features.
2.1 Qwest does not warrant the availabilty of facilities at any
serving wire center. QLSP Services will not be available if
facilities are not available. Qwest repreents and warrants
that it will not otherwse restrict facilites eligible to provide
QLSP Service and that any and all faciliti that would
otherwse be available for retail servce to a Qwest End User
Customer will be considered eligible for use by CLEC for
QLSP Service to serve that same End User Customer.
1.6.2.2 Qwst will provide acces 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 (supportng BRI ISDN), and Shared Transport
provided under the Agrement with a Basic Rate ISDN-
capable Loop provided in accrdance with CLEC's I CAs,
except for those Loops that are otherwse provided for in the
Agrement.
2.2 Loop Start ("LPS") to Ground. Start ("GST") and GST to
LST Changes ("LPS/GST Change") are available with
QLSP Services. POTS Services (e.g., a QLSP Centrex 21
line) can functionally and operationally be proisioned as
either LPS or GST. Unless specifcally requeed oterwse,
Qwest provisions POTS Services as LPS. GSTis generally1.6.4 QLSP PAL is available to CLEC for only CLEC's
Payphone Serce Providers (PSPs) and is the combination
. Oct 22, 20101caclipertel Communications
AZ=CDS-101022-0012; CO=CDS-101022-Q013; IA=CDS-101022-Q14; ID=CDS-101022-0015; MN=CDS-101022-Q016; MT=CDS-101022-Q017;
ND=CDS-101022-0018; NM=CDS-101022-0019; OR=CDS-101022-0020; WA=CDS-101022-Q021; WY=CD8-101022-Q022
Attchment 2 - QLSP4ì - (v8-20-10)3
DocuSign Envelope 10: 9EA7 A8E5-739C-2E3-B9C4-9F10793AF5CC
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
If Qwt develops and deploys new local switch features for .
it End User Customers, those switch feature will be
available wih QLSP service in the same areas and subject
to the same limitations. The rates that Qwest charges for
such new local switch feature wil not in any cae be higher
than the retail rate Qwest charges for such features.
provisioned for Private Branch Exchange ("PBX") ty
services. LPS/GST Changes allow the CLEC to reuest a
facilit served by LPS to be changed to GST or vice vers.
Additional infonnation and ordering reuirements are
detailed on the Qwest Wholesale website.
2.3
2.2.1 The Subsequent Order Charge proided in the
QLSP Rate Sheet and the Qwst retail Tariff nonrecurrng
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, will be added to servce orders
requesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwest wil provide to CLEC
certin originating and terminating call records ("usage
information") generated by CLEC's QLSP end user via a
DUF.
2.7
2.8 Nothing in the Agreement alters or affects CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
2.3.1 Qwest will provide to CLEC Local Call usage
information within Qwests contrl with respect to calls
originated by or terminated to CLEC QLSP End User
Customers in the fo of the actual informaton that is
coparale to the infonnatn Qwst use to bil its ow End
User Custmers.
2.3.2 Qwest will provide to CLEC usage infoation
necesary for CLEC to bil for interLTA and intrLATA
exchange access to the IXC (excluding intrLATA usage
information if Qwest LPIC 5123 is seleced as the intrLATA
Toll provider) in the form of either the actal usage or a
negotiated or approved surrgate for this information, as
such billng is descrbed and allowe under section 3.7 of
this Attchment. These exchange acc recs will be
provided as Category 11 EMI res via the DUF.
2.3.3 Qwest will provide DUF records for the folong:
all usage occurrences bilable to CLEC's QLSP lines,
including Busy Line Verify (BL V), Busy Line Interrpt (BLI);
originating local usage; usage sensitive CLASS feature;
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.
Termnating Local Call usage records are not colleced or
available and will not be provided.
2.4 Feature and interLATA or intraLATA PIC change or
additions for QLSP, will be processed concurrnty wi the
QLSP order as specified by CLEC.
2.9 Qwest Operator Services and Directory Asistance Services
are provided under the tenns and conditions of CLEC's
ICAs.
2.5 Accss 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 accss to
911/E911 emergency servces in accordance with 47 U.S.C.
§251 , Qwest will then provide such servces under the
Agrement wih respec 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
service were provided by Qwest prior to the elimination of
911/E911 emergency services as an obligation under 47
U.S.C. §251.
3.0 Rate and Charges.
2.6 Qwest AIN and VMS are offred on a comercal basis and
may be purchased wi QLSP at the rates set fort in the
attached Rate Sheet. Retail promotions may not be
combined with QLSP.
3.1 The recurrng ("MRC") and NRC rates for QLSP Servce
and all assciated QLSP applicable usage-based rates and
miscllaneous charges are set forth or incorprated by
reference into the attched QLSP Rate Sheets. Rates for
QLSP Service are in addition to the applicable rates for
element and Service provided under CLEC's ICAs.
Applicale intercrrer compensation rates and charges
(such as accs charges, reciprol compensation, andother charges for elements and servces) are applicable and
are provided under a separate Agrement or Tariff.
QLSP rates Effctive Date through Term. Starting on the
Effective Date of the Agreement, rates for the Service will be
those provided or referenced in the attched Rate Sheet.
The MRCs for the swich port wil be adjusted annually,
efectve Januar 1 of each year through the tenn of the
Agreent. CLEC is eligible for and wil reeive discounts .on the Basic Plan switch port MRCs if it meets the volume
plans describe below. Discounts are not cumulative and
Qwst will apply the highest discount rate for which CLEC
qualifes. Basic Plan MRCs wil apply if CLEC does not
qualif for any discount.
3.2
3.2.1 90% yay Volume Retention Plan: If the
number of CLEC's QLSP total lines as of Octobe 31 of
each year equals Qr exceeds 90% of the sum of
CLEC's QLSP totl lines as of October 31 of the
preceing year, CLEC will qualify for a 10% discount off
of the Business Port and a 2% discount off of the
Residential Port MRCs applicable during the next
calendar year.
3.2.4 115% yay 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 totl QLSP lines as of October 31 of the
preceing 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.
For purpes of counting CLEC's total QLSP lines in secton
3.2 as of October 31 of each year, Qwest will include all
QLSP lines, if any, frm the previous year. For example, to
determine 2011 QLSP rates, Qwest will use the total numberOct 22, 2010/caclPipertel Communications .
AZ=CDS-1 01 022-0012; CO=CDS-101022-o013; IA=CDS-101022-o014; ID=CDS-1 01 022-0015; MN=CDS-101022-o016; MT=CDS-101022-0017;
ND=CDS-101022-o018; NM=CDS-101022-o019; OR=CDS-101022-0020; WA=CD8-101022-0021; WY=CDS-101022-o022Attchment 2 - QLSP~ - (v8-20-10) 4
3.3
DocuSign Envelope 10: 9EA7A8E5-739C-42E3-B9C4-9F10793AF5CC
.
.3.7
QWEST LOCAL SERVICES PLATFORM¡g AGREEMENT
ATTACHMENT 2-QLSP¡g Service Description
3.4
of CLEC's QLSP lines as of October 31, 2009 compared to
CLEC's total number of QLSP lines as of October 31, 2010
in order to calculate CLEC's discount eligibilty on January 4,
2011. Each subsequent adjustment wil be effective on each
January 1 during the term of the Agreement.
Except as oterwse provided herein, the Loop element
combined with a QLSP Service will be provided in
accordance with CLEC's ICAs with Qwst at the rates set
foh in those ICAs.
including but not limited to flat rate transport charges, in
accoance with the applicable Tarif
3.8 Local Switching Usage and Shared Transport Minute of
Use (MOU) This section descnbes th use of the Qwest
netwrk for different cal types onginated by or terminated to
QlSP End Users. This section does not affect Qwests
nghts to charge IXCs for signaling as descnbed in Secion
1.4.2 of this Attchment.
3.5
3.4.1 Loops provided under the Agreement. Upon
thirt (30) Days notice via the standard comercial
notifietion process, Qwest may change monthly recurrng
charges for the Omaha, Nebraska Loop elements provided
under the Agreement. Additonally, notwthstanding the
rates reflected in the Nebraska QLSP Rate Sheet, the
Parties undersnd and agree that Qwst has the nght to
adjust commercial port rates in Nebraska after the Nebraska
PSC issues a final order relate to Application No.
C-3554/PI-112 and CLEC's continued use of any Servces in
Nebraska constiMes it accptance of such updated rates.
CLEC will be responsible for billng its QLSP End User
Customers for all Miscellaneous Charges and surcharges
reuired of CLEC by staMe, regulation or as otherwse
reuired.
3.8.2 Originating InterOffce Local Calls. This
onginating Local cali requires swiching by the local serving
Qwst end offce and other interoffce switcing for Local
traffc. When this call type is onginated by a QLSP end user,
Local Switch Usage per MOU and Share Transport per
MOU charges provided in the Rate Sheet will apply. For
these call tyes that also terminate to an end user served by
a non-Qst Carrer, Qwest may pay that Carrer certin
terminating compensation charges under terms and
conditions of a separate ICA
3.8.1 Originating IntraOfce : Local Calls - This
onginating Local caii reuires switching by the local serving
Qwest end offce Switch only. When this call type is
onginated by a QLSP End User, Local Switch Usage
charges provided in the QLSP Rate Shee will apply. For
these call tyes that also terminate to an end user served by
a Carrer, Qwest may pay that Carrer certin terminating
compensation charges under terms and conditions of a
separate ICA.
3.6 CLEC will pay Qwest the PiC change charge associated with
CLEC End User Customer changes of interLTA or
intraLA TA carrers. Any change in CLEC's End User
Customer' interTA or intrLATA Carrer must be
reuested by CLEC on behalf of it End User Customer.
Intercrrer Compensation. Except as specifcally
descnbed in this Section, the Agrement does not change or
amend. applicable intercarner copensation arrngements
(including but not limited to Switched Acces, Signaling, orTransit charges) betwen any parties, including between
Qwest and Carrers or IXCs.
3.8.3 Originating IXC Toll Calls. This originating ToO
caii requires switching by the local servng Qwest end offce.
If the QLSP End Usets selected IXC does not have direct
trunking to the local servng Qwst end offce, Share
Transport is required to deliver that call to the Accss
Tandem for delivery to the IXC. When this call type is
originated by a QLSP end user, Local Swich Usage
provided in the QLSP Rate Sheet applies. Additionally, if
Shared Transport is necssary to deliver the call to the
Accss Tandem, Shared Transpo Usage charges provided
in the QLSP Rate Sheet will apply. For thes call tyes that
require Shared Transport, Qwst retains its rights to bil the
IXC for Tandem elements under the Tanff.
3.7.1 Switched Access. For QLSP End User
Customer(s), Qwest will not charge to or collect frm the IXC
usage based end offce and loo Switched Access charges
(such as Switched Accss Locl SwitChing, End OfceShared Port, Tandem Transmission and Carrer Common
Line) for InterLTA or IntraLATA Toll Calls onginating or
terminating from that QLSP End User Customets line to an
IXC.
3.8.4 Terminating IntraOfce and InterOce Local
Calls. This terminating Local Call requires switching by the
local servng Qwst end offce and in certin instance other
interoffce switching within the Local Callng area. When a .
call is terminated to a QLSP end user, no charges will apply
under QLSP. For these call tys that onginate from an end
user served by a Carrer, Qwest retains it rights to bUI that
carrer certin Transit charges as described in Secon 3.7
above.
3.7.2 Signaling. Qwest retains it rights to charge IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as L1DB,
ICNAM and 8XX) associated with interLATA and intraLATA
Toll calls originated by or terminated to a QLSP End User
under the applicable Tari.
3.7.3 Transit. For any call originated by an end user
served by a carrier that route through Qwest's netwrk and
which terminates to a QLSP End User, Qwest retains it
rights to bil the originating Carrer Transit charges for that
call under the originating Carriets Agreement.
3.8.5 Terminating IXC Toll calls. This terminating Toll
cali always reuires switching by the local serving Qwst
end offce. If the originating callets IXC does not have direc
trunking to the QLSP end usets local serving Qwest end
ofce swich, Share Transport is require to terminate the
call to the receiving QLSP end user. When this call tye is
terminated to a QLSP end user, Local Switch Usage
charges provided in the Rate Sheet wil apply. Additionally,
if Shared Transport is necessary to deliver the call to the
QLSP end user frm the acce tandem, Share Transport
3.7.4 Other. OWest retains it rights to billXCs or other
Carrers, as applicable, any and all other accss charges
and assesments not expressly addressed in this section,
. Oc 22, 2010/caclPiperel Communications
AZ=CDS-101022-0012; CO=CDS-101022-O13; IA=CD8-101022-Q014; ID=CDS-101022-Q015; MN=CDS.101022-O16; MT=CDS.101022-Q017;
ND=CDS-101022-Q018; NM=CDS-101022-Q019; OR=CDS-101022.0020; WA=CDS-101022-Q021; WY=CDS-101022-Q022Atthment 2 - QLSP¡g - (v8-20.10) 5
DocuSign Envelope 10: 9EA7A8E5-739C-42E3-B9C4-9F10793AF5CC
4.5
5.0
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, Qwet retains
its rights to bil the IXC for Tandem elements under the
Tariff.
3.8.6 Originating Toll Calls when QC is the
IntraLATA Toll provider. See Section 1.5.4 above.
3.9 Qwest will have a reasonable amount of time to implement
system or other changes necessary to bil CLEC for raes or
charges associated with QLSP Servces
bil it End Users or other Carriers (including Qwest), Qwest .
will work with CLEC in good faith to deliver such information.
6.0
6.1
Maintenance and Repair.
Qwest will maintain facilties and equipment that comprise
the QLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrnge, move, disconnect or attempt
to repair Owest facilties or equipment, other than by
connecton or discnnection to any interface between Qwest
and the End User Custoer, without the wrtten consent of
Qwst.
3.10 QLSP Services have a one-month minimum servce period
reuirement for each CLEC End User Customer. The one-
month minimum servce peri is the period of time that
CLEC is required to pay 100% of the MRC for the Serv
even if CLEC does not retain Service for the entire month.
QLSP Services are biled month to month and will aftr the
one month minimum service period is satisfied be pro-rated
for partial months based on the number of days Service was
provided.
6.2 Owest will provide general repair and maintenance Servces
on its facilties, including those facilties supporting QLSP
Servces purchased by CLEC. Owest wil repair and restore
any equipment or any other maintainable component that
adversely impact CLEC's use of QLSP Service. Qwest and
CLEC will cooperate with each other to implement
proceures and processes for handling servce-affecting
events. There will be no charg for the Services provided
under this Secion 6, except as set fort in the Rate Sheet
3.11 The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing servce,
including changing a telephone number, initatng or
removing suspension of Servce, denying or restorng
service, adding, removing or changing feature, and other
similar requests.
7.0 Commercial Perfrmance Measures and Reporting,
Perfrmance Targets and Service Credits (including in
Washington, if Washington 7.0 is selecd by CLEC as
indicaed on Signature Page).
Each Part will provide suitably qualified persnnel to
perfrm its obligations under the Agreement and all QLSP
Servces in a timely and effcient manner with dilgence and
care, consistent wi the professional standards of practice
in the industry, and in conformance with Applicable Law.
The QLSP Servce attbutes and pross enhancements are .
not subjec to the Change Management Procss ("CMP").
CLEC proposed changes to QLSP Servce attributes and
process enhancements will be communicate through the
standard accunt interfces. Change requests common to
shared systems and processes subject to CMP will continue
to be addresed via the CMP procures.
4.0 Systems and Interfces.
7.1
7.2 Qwt will provide commercal perfrmance measurements
and reportng against. established performance targets with
QLSP Service. The following perfrmance measurements
will apply to QLSP Residential and QLSP Business: (a) Firm
Order Confrmations (FOCs) On Time; (b) Instllation
Commitments Met; (c) Order Installation Interval; (d) Out of
Servce Cleare within 24 Hours; (e) Mean Time to Restore;
and (f)Trouble Rate.
4.1 Qwest and CLEC will support the use of currnt OSS
interface and OSS business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time.
7.3 Commercial measurement definitions, methodologies,
performance targets and reporting requirements are set fort
in Attchment 3 to the Agreement. Qwest will provide CLEC
wih the raw data necessary to allow CLEC to disaggregate
results at the state leveL. Reporting of these performance
measure will be applied for activty beginning the firs full
month of Service after January 4, 2011.
CLEC will be entitled to service creits only for each
instance of a missed installation commitment and each
instance of an out of service conditon that is not cleared
within 24 hours occurrng after January 4,2011. All servce
credits wil be applied automatically by Owest as credit
against CLEC's bil for the biling 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 aftr January 4, 2011. Any
4.2 QLSP Servces are ordered utilzing the LSR process as
described in the Qwest wholesale website.
7.4
Oct 22, 2010/caclipertei Communications
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4.3 Prior to placing an order on behalf of eac End User
Customer, CLEC will be responsible for obtaining and will
have in its possession a Prof of Authorizaion as set fort in
the Agreement.
4.4 When Qwest or another provider of choice, at the End User
Customets reuest, orders the discontinuance of the End
User Customets existing service with CLEC. Qwest willrender its closing bil to CLEC effive as of the
disconnecton. Qwest will notify CLEC by FAX, OSS
interface, or other agreed upon processes when an End
User Customer moves to Qwest or another servce provider.
Qwet will not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End
User Customer.
The Partes wil provide each other with points of contact for
order entr, problem. resolution, repair, and in the event
special attention is required on service request.
Owest will bil CLEC, on a monthly basis, wihin seven to ten
Days of the last day of the most recent Billng period, in an
agred upon standard electronic format. Billng information
will include a summary bil and indivdual End User
Customer sub-accunt information. If CLEC needs
additional or diffrent biling information in order to properly
DocuSign Envelope 10: 9EA7A8E5-739C-42E3-B9C4-9F10793AF5CC
.
.8,1
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
credits or payments related to the Services provided prior to
the first full month following January 4, 2011 and in
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 Owest, through its own
fault, fails to meet, Owest wil provide a service credit
equal to 100% of the nonrecurrng charge for thatinstallation. Owest will use the stae installation
nonrecurring charge contained in the Agreement for
that order tye in calculating the credit. The definition
of a "missed installation comitent" and the
assoiated exclusions are described in Attchment 3 to
the Agreement.
7.4.2 Outof Service Cleared within 24 Hours. For
each out-of-service condition that Owst, through its
ow fault, fails to resolve within 24 hours, Owest will
provide a service credit equal to one day's recurrng
charge (monthly recurring charge divided by 30) for
each day out of service beyond the first 24 hours. (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEC wil be entitled to a creit equal to the
monthly recurrng charge divided by 30. If the out-of-
service condition existed for 48 to 71 hours, the creit
would equal two times the monthly recurrng charge
divided by 30).
8.0 Service Performance Measures and ReportIng and
Performance Asurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 Is selected by CLEC as indicated
on the Signature Page to the Agreement).
8.4 Eligible QLSP Service wil be included in the UNE-P PAP
results beginning the first full month following the Effective
Date of the Agreement.
Notwthstanding the dispute resolution provisions in the
Agrement, the Parties will resolve any dispute, claim or
contrversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution process descrbe in the PAP.
If selected by CLEC under the terms and conditons of the
Agreement and this Attchment, Owest will, in Washingtononly, provide performance measurements, reporting, and
remedies copliant with the Washington Perfrmance
Indicator Definitions ("PI Os") and the Qwest Washington
Performance Asurance Plan ("PAP") for the services, if
eligible, provided under the Agreement and this Attchment.
Only in the state of Washington, and only if expressly
selected by CLEC under the terms and conditions of the
Agreement and this Attchment, does this PID and PAPreplace, in their entirety, the Commercal Perfrmance
Measure and Reportng, Performance Targets and Service
Credits terms and conditons fo services provided under the
Agreement and this Attchment outlined in Section 7.0 ofthis Atchment.
8.2 The PIDs and PAP for Washingtn in their currnt form are
posted in the Owest Wholesale PCAT, currtly called
Negotiations Template Agrement PCAT, under Exibit B
and ExhibitK for Washington, respectively. Those PIDs and
that PAP are incorprated by referenced into, and made a
part of, this Attchment. Subsequent changes to the PIDs or
PAP submitted to the WUTC will be incoorated 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 Attchment.
8.5
. Oct 22, 2010/caclPipertel Communications
AZ=CDS-101022-Q12; CO=CDS-101022-0013; IA=CDS-101022-Q014; ID=CDS-101022-0015; MN=CDS-101022-Q016; MT=CDS-101022-Q017;
ND=CDS-101022-Q018; NM=CDS-101022-Q019; OR=CDS-101 022-Q020; WA=CDS-101022-Q021; WY=CD8-101022-Q022Attachment 2 - OLSP~ - (v8-20-10) 7
8.3 To select the Service Perfrmance Measures and Reporting
and Perfrmance Asurance Plan (PID/PAP) option, CLEC
must be a certified CLEC under applicable state rules and
have eleced the PID and PAP under its Washington
interconnection agreement with Qwst.
DocuSign Envelope 10: 9EA7A8E5-739C-2E3-B9C4-9F10793AF5CC
.
.
.
ATTACHMENT 3
Performance Targets for Owest OLSp™ Service
Oct 22, 2010/caclPipertei Communications AZ=CDS-101022-o012; CO=CDS-101022-o013; IA=CDS-101022-o014; ID=CD8-101022-
0015; MN=CDS-1 01 022-016; MT=CDS-1 01 022-0017; ND=CD8-1 01 022-0018; NM=CDS-1 01 022-0019; OR=CDS-1 01 022-020;
WA=CDS-101022-o021; WY=CDS-101022-o022
ATTACHMENT 3 - Perfrmance Targets for Qwt QLSp™ Service
DocuSignEnvelope 10: 9EA7 ABE5-739C-2E3-B9C4-9F10793AF5CC
FOC.' - 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
soecified 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
dunng the reporting period, subject to exclusions specified below. (Acknowledgments sent
separately from an FOC (e.g., EDI 997 transactions are not included.)
· For FOC-1A, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwests response with a FOC notification (notification date and time).
· For FOC-1 B, the interval measured is the period between the application date and time, as defined
herein, and Qwests response with a FOC notification (notification date and time).
. "Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC.
· "Electronic/manual. LSRs are recived electronically via IMA-GUI or IMA-EDI and involve manual
processing.
· LSRs wil be evaluated accrding to the FOC interval categones shown in the "Performance
Targets. section below, based on the number of lines requested on the LSR or, where multiple
LSRs from the same CLEC are related, based on the combined number of lines requested on the
related LSRs.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reportng: Regional leveL.
Individual CLEC . FOC-1A: FOCs provided for fuliY electronic LSRs received via IMA-
GUI or IMA-EDI
FOC-1 B: FOCs provided for electronic/manual LSRs received via
IMA-GUI or IMA-EDI
.
.
Formula:
FOC-1A = ((Count of LSRs for which the onginal 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 penod)l x 100
FOC-1B = ((Count of LSRs for which the onginal FOC's "(FOC Notification Date & Time) - (Application
Date & Time)" is within the intervals specifed for the servce category involved) -(Total
Number of original FOC Notifications transmitted for the service category in the reporting
oenod)ix 100
Oct 22, 2010/caclPipertei Communications .
AZ=CDS-101022-Q012; CO=CDS-101022-Q013; IA=CDS-101022-Q014; ID=CDS-101022-Q15; MN=CDS-101022-0016; MT=CDS-
101022-0017; ND=CDS-101022-0018; NM=CDS-101022-Q019; OR=CDS-101022-0020; WA=CDS-101022-0021; Page 2
WY=CDS-1 01 022-0022
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
DocuSlgn Envelope 10: 9EA7 A8E5-739C-42E3-B9C4-9F10793AF5CC
.
.
.
Exclusions:.LSRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the
"Performance Targets. section below, or servicelrequest types, deemed to be project..Hours on Weekends and holidays. (Except for FOC-1A, 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 codéS..Records missing data essential to the calculation of the measurement per the measure definition..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid StarVStOD dates/times.
Product Reporting:Penormance Taraet:
FOC-1A 95% within 20 minutes
QLSP-POTS
FOC-1B 95% within standard FOC
intervals (specified below)
Standard FOe Intervals
Product Group NOTE 1 FOC
Interval
QLSP-POTS (1-39 lines)FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
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 tvoe are considered ICB.
Oct 22, 2010/caclPipertei Communications
AZ=CDS-101022.o012; CO=CDS-1 01 022.0013; IA=CDS-101022.o014; ID=CDS-101022.o015; MN=CDS-101022.o016; MT=CDS-
101022-0017; ND=CDS-101022-0018; NM=CDS-101022-Q19; OR=CDS-101022.o020; WA=CDS-101022-0021; Page 3
WY=CDS-1 01 022.0022
ATIACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
DocuSign Envelope 10: 9EA7 A8E5-739C-42E3-B9C4-9F10793AF5CC
ICM-1 - Installation Commitments Met
Purpose:
Evaluates the extent to which Owest installs services for Customers bv the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met..All inward orders (Change, New, and Transfer order types) assigned a due date by Owest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order tyes included in this measurement consist of all Corders
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 Owest 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 Owest changes a due
date for Owest 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 Owest-initiated, changed due date, if
any.
Reporting Period: One month
I Unit of Measure: Percent
Reporting:Disaggregation Reporting: Regional level.
Individual CLEC .Results for productservices listed in Pl'duct Reporting under "MSA Type
Disaggregation" will be reported accrding to orders involving:
ICM-1A Dispatches (Includes witin MSA and outside MSA); and
ICM-1B No dispatches..Results for productservices listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
.ICM-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) -(Total Orders
Completed in the Reporting Period)) x 100
Exclusions:.Disconnect, From (another form of disconnect) and Record order types..Due dates missed for standard categories of customer and non-Qwest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued, no accss to customer premises, and customer hold for
payment. Standard categories of non-Owest reasons are: Weather, Disaster, and Work Stoppage..Records involving offcial company services..Records with invalid due dates or application dates..Records with invalid completion dates..Records with invalid product codes..Records niissing data essential to the calculation of the measurement per the measure definition.
Product Reporting Penormance Target:
MSA-TvDe:
OLSP-POTS OLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
.
.
Oct 22, 2010/caclPipertei CommunicationsAZ=CDS-101022-0012; CO=CDS-101022-o013; IA=CDS-101022-0014; ID=CDS-101022- .
~Ä=~~~~1~~~;~~g;~;~~~~1~~~~;~~~~~-o017; ND=CDS-101 022-0018; NM=CDS-101 022-0019; OR=CDS-101
022-Q2lPage 4
ATTACHMENT 3 - Performance Targets for Owest QLSp™ Service
DocuSign Envelope 10: 9EA7A8E5-739C-42E3-B9C4-9F10793AF5CC
.
.
.
Availabilty:Notes:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
Oct 22, 2010/caclipertei CommunicationsAZ=CDS-101022-Q012; CO=CDS-101022-Q013; IA=CDS-101022-0014; ID=CDS-101022-
0015; MN=CDS-101022-Q016; MT=CDS-101022-Q017; ND=CDS-101022-Q018; NM=CDS-101022-Q019; OR=CDS-101022-002tp 5WA=CDS-101022-0021; WY=CDS-101022-Q022 age
ATTACHMENT 3 - Perfnnance Targets for Qwest QLSpTM Servce
DocuSign Envelope 10: 9EA7A8E5-739C-42E3-B9C4-9F10793AF5CC
011.1 . Order Installation Interval
Purpose:
Evaluates the timeliness of Qwests installation of services for CLECs, focusing on the average time to
install service.
Description:
Measures the average interval (in business days) between the application date and the completion
date for service orders 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. OTE 1
. Time intervals assocated with CLEC-initiated due date changes or delays occurrng after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest
Qwest-initiated due date, if anv, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if anv. NOTE
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional level.
Individual CLEC . Results for productservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported accrding to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSA); and
011-1 B No dispatches. .
· Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported accrding to installations:
011-1 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 assocated wit 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.
Oct 22, 2010/caclPipertei CommunicationsAZ=CDS-1 01 022-0012; CO=CDS-101022-o013; IA=CDS-1 01 022-0014; ID=CDS-101022- .
0015; MN=CDS-101022-o016; MT=CDS-101022-0017; ND=CDS-101022-0Q18; NM=CDS-101022-o019; OR=CDS-101022-o02!page 6
WA=CDS-101022-0021; WY=CDS-101022-0022
ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
DocuSignEnvelope 10; 9EA7 A8E5-739C-42E3-B9C4-9F10793AF5CC
.
.
.
Exclusions:
. Orders with CLEC requested due dates greater than the current standard interval.
. Disconnect, From (another form of disconnect) and Record order types~
. Records involving offcial company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
. Orders involving individual case basis (ICB) handling based on quantities of lines or orders
deemed to be ro'ects.
Product Re ortin
MSA-T
QLSP-POTS
Re ortdAs:
Avera e business da s
Zone-T e-
Penormance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
6 Days
3.5 Days
Availabilty:Notes:
1. Accrding to this definition, the Applicable Due Date can
change, per successive CLEC-initiated due date changes or
delays, up to the point when a Qwest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(i.e., with no further changes) as the date on which it was set
prior to the first Qwest-initiated due date change, if any.
Following the first Qwest-initiated due date change, any further
CLEC-initiated due date changes or delays are measured as
time intervals that are subtracted as indicated in the formula.
These delay time intervals are calculated as stated in the
description. (Though infrequent, in cases where multiple
Qwest-initiated due date changes occur, the stated method for
calculating delay intervals is applied to each pair of Qwest-
initiated due date change and subsequent CLEC-initiated due
date change or delay. The intervals thus calculated from each
pairing of Qwest and CLEC-initiated due dates are summed
and then subtracted as indicated in the formula.) The result of
this approach is that Qwest-initiated impact on intervals are
counted in the reported interval, and CLEC-initiated impacts on
intervals are not counted in the reported intervaL.
Performance wil be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
Oct 22, 2010/caclPipertel CommunicationsAZ=CD8-101022-0012; CO=CDS-101022-Q013; IA=CDS-101022-Q014; ID=CDS-101022-
0015; MN=CDS-101022-0016; MT=CDS-101022-Q017; ND=CDS-101022-Q018; NM=CDS-101022-Q019; OR=CDS-101 022-Q2IPage 7
WA=CDS-101022-0021; WY=CDS-101022-Q022
ATIACHMENT 3 - Performance Targets for Qwst QLSp™ Service
DocuSign Envelope 10: 9EA7A8E5"739C-42E3-B9C4-9F10793AF5CC
00524.1 . Out of Service Cleared within 24 Hours .Purpose:
Evaluates timeliness of repair for specified services, focusing on trouble report 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 report from CLECs or from retail customers..Includes all trouble report, closed during the reporting period, which involve a specified
service that is out-of-service (Le., unable to place or receive calls), subject to exclusions
specified below..Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
Reporting Period: One month
I Unit of Measure: Percent
Reporting:Disaggregation Reporting: Regional leveL.
Individual CLEC .Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" will be reportd accrding to orders involving:
00S24-1A Dispatches (Includes within MSA and outside MSA); and
00S24-1 B No dispatches..Results for productservces listed in. Product Reporting under "Zone-type
Disaggregation" will be reported accrding to installations:
00S24-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:.
((Number of Out of Service Trouble Report closed in the reporting period that are cleared within 24
hours) . (Total Number of Out of Service Trouble Report closed in the reporting period)) x 100 .
Oct 22, 2010/caclPipertei CommunicationsAZ=CDS-101 022-Q012; CO=CDS-101022-Q013; IA=CDS-101022-Q014; ID=CDS-101022- .
0015; MN=CDS-101022-0016; MT=CDS-101022-0017; ND=CDS-101022-Q018; NM=CDS-101022-o019; OR=COS-101 022-Q02lPage 8
WA=CDS-1 01 022-0021; WY=CDS-101022-o022
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Servce
DocuSign. Envelope 10: 9EA7 ASE&- 739C-2E3-B9C4-9F1 0793AF5CC
.
.
.
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 report coded to trouble codes for No Trouble Found (NTF), Test
o K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal 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 MT AS data (product listed for MSA-type disaggregation). trouble
report involving a "no access" delay.
. Trouble report on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement per the measure definition.
Oct 22, 2010/caclPipertel CommunicationsAZ=CDS-101022-Q012; CO=CDS-101022-Q013; IA=CDS-101022-Q14; ID=CDS-101022-
0015; MN=CDS-101022-0016; MT=CDS-101022-Q017; ND=CDS-101022-Q018; NM=CDS-101022-Q019; OR=CDS-101022-Q02ip 9WA=CDS-101022-Q021; WY=CDS.101022-Q022 age
ATTACHMENT 3 - Performance Targets for Qwst QLSp™ service
DocuSignEnveope 10: 9EA7A8E5-739C-42E3-B9C4-9F10793AF5CC
.
Product Reporting:Performance Targets:
MSA-TvDe -.QLSP POTS .Dispatch and Non-Dispatch 190%
Zone-TvDe -
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
.
.
Oct 22, 2010/caclPipertei CommunicationsAZ=CDS-101022.o012; CO=CD8-101022.o013; IA=CDS-101022.o014; ID=CDS-101022- .
~1;h~~~~~~2~~rig~;~~~~~~;~~21~~~~-0017; ND=CDS-101022.o018; NM=CDS-101022.o019; OR=CDS-1 01 022-002tpage 10
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
DocuSignEnvelope 10: 9EA7A8E5-739C-2E3-B9C4-9F10793AF5CC
.
.
.
MTTR.1 . Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusina how lono it takes to restore services to prooer ooeration.
Description:
Measures the average time taken to clear trouble report.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified below.
. Includes customer direct reports, customer-relayed reports, and test assist report that result in a
trouble report.
. Time measured is from date and time of receiot to date and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Hours and Minutes
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for productservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported accrding to orders involving:
MTTR-1A Dispatches (Includes within MSA and outside MSA); and
MTTR-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
MTTR-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
..((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) -(Total number of
Trouble Reports closed in the reporting period)
Exclusions:
. Trouble report coded as follows:
_ For products measured from MTAS data (products listed for MSA-tye disaggregation), trouble
report 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, Carrer,
Alternate Provider).
_ For products measured from WFA (Workorce Administration) data (products listed for Zone-
type disaggregation) trouble report 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
report 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 offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement per the measure definition.
Oct 22, 2010/caclPipertei CommunicationsAZ=CDS-101022.Q012; CO=CDS-101022.Q013; IA=CDS-101022-Q14; ID=CDS-101022-
0015; MN=CDS-101022.Q016; MT=CDS-101022.Q017; ND=CDS-101022-0018; NM=CDS-101022-Q019; OR=CDS-101022.Q02tP 11WA=CDS-101022.Q021; WY=CDS-101022-0022 age
ATIACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
DocuSign Envelope 10: 9EA7 ASE5-739C-42E3-B9C4-9F10793AF5CC
Product ReDortina:Penormance Target:
MSA-Type -QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-TvDe -
.
Availabilty:Notes:
Performance wil be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
.
.
Oct 22, 2010/caclPiperi CommunicationsAZ=CDS-101022-0012; CO=CDS-101 022-Q013; IA=CDS-101022-Q014; ID=CDS-101022- .
0015; MN=CDS-101022-Q016; MT=CDS-101022-Q017; ND=CDS-101022-Q018; NM=CDS-101022-0019; OR=CDS-101022-Q02!page 12WA=CDS-101022-0021; WY=CDS-101022-Q022 .
ATIACHMENT 3 - Performance Targets for Owest QLSp™ Service
OocuSignEl1velope 10: 9EA7A8E5-739C-42E3-B9C4-9F10793AF5CC
.
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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 report, including those that are out of service and those that are
only service-affectina.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 product measured from MT AS 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 product measured from WFA (Workforce Administration) data (products listed for Zone-
type) trouble reports coded to trouble codes for No Trouble Found (NT F), 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 Mno access" are excluded from repair time for products/services listed in
Product Reporting under MZone-typeM.
. For product 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 instållation work is reported by the
technician/installer as complete.
. Records involving offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement Der the measure definition.
Oct 22, 2010/caclPipertei CommunicationsAZ=CDS-1 01 022-0012; CO=CDS-1 01 022-0013; IA=CDS-1 01 022-0014; ID=CDS-1 01 022.
0015; MN=CDS.101022-o016; MT=CDS-101022-o017; ND=CDS-101022-o018; NM=CDS-101022-o019; OR=CDS-101022-002!pa e 13WA=CDS-101022-o021; WY=CDS-101022-0022 g
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
DocuSign Envelope 10: 9EA7 ASE5-739C-42E3-B9C49F10793AF5CC
Product Reporting:Penormance Target:
MSAType:.QLSP-POTS Diagnostic
Zone Type:...
Availabilty:Notes:
Penormance wil be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
Oct 22, 2010/caclPipeel CommunicationsAZ=CDS-101022-0012; CO=CDS-101022-o013; IA=CDS-101022-0014; ID=CDS-101022-
0015; MN=CDS-101022-Q016; MT=CDS-101022-0017; ND=CDS-101022-Q018; NM=CDS-101022-0019; OR=CDS-101022-002~age 14
WA=CDS-1 01 022-0021; WY=CDS-1 01 022-0022
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Servce
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DoIg _10: 8EA8739E3B9C41015C
Qwest Loçal Servces Platfrm11 (QLSp11)Rate Page . Idaho
109.8.1 QlSP" Rasldantll Business and PAL In ID- Pa,MOU 0.0011100
109.8. QlSP" Cantx ISDN BRI PAL In IO-N and PBX Analo Trunks Pa linetrnk' UGUST 10.35.
109.11 Local Swhlna Purcas As Pii of QLP'"
109.11.1 Port BaslcPlan109.11.1.1 AnlnnPort
109.11.1.2 Reldantialand usa' crall
109.11.1.3 Efføc QLSP" Resldantial Analo Port
109.11.1.4 Olnlll Port Sunnnrtinn BRIISON
109.11.1.5 PBX DID Port
109.11.2
109.11.3
.
109.11.
109.11.
109.11.
109.11.7
109.11.8
Intntnall Blank
Port If 90% YOY Volume Rantn Plan ulremanls Al Me
109.11.3.1 Analn Port
109.11.3.2 Analn Port Radantlland usarcndlt
109.11.3.3 Effact OLP" Reldantial Anlo Port
109.11.3.4 Olalll Port Sunnnrtnn BRIISON
109.11..5 PBX DID Port
Intentnallv Blank
Port If 115% YOY Volume Gro Plan ll-ulrmanl IV Me
109.11.5.1 Anlnn Port
109.11.5.2 Anlnn Pnr Rasldantialand usar crll
109.11.5.3 E_ QlSP'" Rasldential Anloa Port
109.11.5.4 Olnlll Port Sunnn"ln BRIISDN
109.11.5.5 PBX DID Port
Intntnaliv Blank
LoIS_U..-
109.11.7.1 QlSP" Resldantial, Busln8S,and PALin ID-S Pa,MOU
109.11.7.2 QlSP" Centrex ISONBRI PALlnlD-N and PBX An"' Trunks Pa,UnalTrunk\
Swtch Fa8lre
109.11.8.1 Aaunt Coes :n, S..m
109.11.8.2 Atlndant Ac Una ~r Stli line109.11.8.3 Auibl Ma- Wall""109.11.8.4 Auhot1nCoas-~,S m109.11.8.5 AuiomUna
109.11.8.6 Autmati Rote Salen . Commo Eoulomen
109.11.8.7 CallOrn
109.11.8.8 Call Exusion - Aumetl
109.11.8.9 Call Exusion - Manual
S..am
$6.21
LAWUR 113.07
$3.14117.40
$7.30
$5.59
LAWUR '1l2.51
13.08
117.40
17.30
14.35
LAWUR $1.0
2.95
17.40
7.30
0.001343
UGUFM l1.3
2
AZPS 75.00
OZR 10.00Me MN 12.00
AFS 85.00
ETV 8.00
F5GPG 12200.00
FlO ONLY 15.00
NXB ISDN\$5.00
NAIO $5.00
IOSN'
6981X 5.00
69A 5.00
SEPFA 50.00
FSW 10.00
WUT 5.00
HYE HYS S160.oo
NOUSOC 0.46
NSS 10.00
NSQ 10.00
NSK 10.00
NCE 10.00
FKQPN,NSY $10.00
BUD 8.00
6MO 5.00695.00
RNN !I.OO
QWPS 90.00
GCN 8.00
HLN, HLA $8.00
MH5 15.00
MHW L~.oo
MOHPS $100.00
NHGPG,$10.00
NHGPN
PTQPG lC
A9AE P89 $20.00
MB1 $10.00
MFR lA.OO
MV5 ICB
MHHPS $75.00K715.00
QT1PK 15.00
SR7CX $30.00
SEPSP,$165.00
SEPSR
CPK 18.00
rBPS $125.00
""T 11.00
TB 11.00
BVS $100.00
MHM S6.oo
$2.08B5 $1000.00CPO$500.00
PTGP 1500.00
MJJPK S5.oo
.
109.11.8.10 Call Forwrdlna Bu"" llna - Incolna Onlv
109.11.8.11 Call Foardln" Don' Answr Incmlnn Onlv
109.11.8.12 Call Forrdlna: Bu"" line I Don' An' pmnrammabl 5erv Estblishment
109.11.8.13 Call Forrdlnn: Do' Anfl' I Call Forwrdlnn Bu"" CuBlma P""rammabla a." Una
109.11.8.14 Call Wallnn Inlcn - n." TImlna Slate
109.11.8.15 Cantrex Con i;nulnmet
109.11.8.18 CLS - Call Tra Par OCrrnca
109.11.8.17 CLS - Cotinuos Raial
109.11.8.18 CLAS-LaCaIRatum
109.11.8.19 CLASS - Pri'" Cal¡r-
109.11.8.20 CLAS - Sala Call Forwrdlnn
109.11.8.21 CLAS - Sala Call Ra)an
109.11.8.22 DIre Statin Sale I Bu lamn Fla. 1l' Arnament
109.11.8.23 Dlrø Can P1ck" wt Ba In
109.11.8.24 Dlra Can P1ckiin wIul Ba n109.11.8.25 Dlstln R1nnJnlsnc Cal Walt
109.11.8.26 i:y~nsl Route Wamlnn Tone. DØr 5vm
109.11.8.27 GIOUn Intarcm
109.11.8.28 Hot llna, pe lin
109.11.8.29 Hunti"": Mull-n Hunt QUBUlna
109.11.8.30 Hunti"": Mu.1n1i wt Announcement In QuBUe
109.11.8.31 Hunti"": Mu.""1t wi Music In Quea
109.11.8.32 ISDN Sho Hunt
109.11.8.33 louds-kaPMif ~,TrunkGron
109.11.8.34 Make Bu"" An;,..nfs Grn
109.11.8.35 Make Bu"" Amnnmanfs ~,llna
109.11.8.36 Me"a Canla""r Main Stan llna
109.11.8.37 M-.~a Wall"' Visual
109.11.8.36 Music On Hold - $uo-m
109.11.8.39 Prla~Rala
109.11.8.40 QueNTIme
109.11.8.41 SMOR-P -Ariv Data109.11.8.42 SMO-P - Sarvce establishmet Charg, Inltllnslllln
109.11.8.43 Slali Cam~ On 5erv ~,Maln Ston
109.11.8.44 TlofDavCotrfo,ARS rSvsm
109.11.8.45 Time of Oav NCOS U""ate
1 09.11.8.46 Tlma of Oav Routin" ~r L1na
109,11.8.47 Trunk Verttln frm Oasl te Stan
109.11.8.48 UCO In HuntGro",~rllna
109.11.8.49 Premium Por Feaure" Addllonl Ch...
109.11.8.49.1 CMS - sVSii Esbllshmet- Inltllnsllatlon
109.11.8.492 CMS - Svsam Estblimet SubRuantlnstallatlo
109.11.8.49.3 CMS - Packt Co t:blllI. na S..
109.11.8.49.4 ConfarecaCallnn- MatMa
Qwest Lol 5erv Plalfonn"" Agreamant QlSP"" Rate Sheet-12.3 04.11.08
Dolgn Env 10: 9EA7A8739CE34-107
Qwest Local Servces Platfrmll (QLSplI) Rate Page . Idaho
109.11.8.49.5 Conference Cailino. Preset M09PK 5.00
109.11.8.49.6 Conference Camno - Statlan Dlaiia-Wavl GVT I 55.00
109.11.9 othar
109.11.9.1 Custom Number
109.11.9.1.1 Idaho Nort Saa Applible Qw Ral 6
Tari, Catalo or P~ce Ustlas
Dlunt (whic WIL be
prded pursuant ia te and
candllJns In CLEC's ICA).
109.11.9.1.2 Idah South Saa Aplicable awst RatH 6
Tari, Catalo or P~ca Ustlas
Dlsunt (whic WILL be
pred pursuant ia te and
candlt In CLEC's ICA).
109.11.9.2 PBX DID CoDl TranslalJns D11t 0u1D1s $15.22
109.11.9.3 PBX DID ComDl Translatl Slanaii Cha 535.5
109.11.9.4 PBX DID Bla Cooromlsa $25.53
109.11.9.5 PBX DID Grouo of 20 Numbers $31.36
109.11.9.6 PBX DID Rear Seouental # Bla $25.38
109.11.9.7 PBX DID Res Nonsouentl Te/eoho Numbers 523.67
109.11.9.8 PBX DID Naneouantil Teleahae Numbers $33.18
109.11.10 Subseouent O~r Chmae NHCUU 512.17 4
109.11.11 aws! Co..tlon QC IntLATA Toll LPC 5123109.11.11.1 IdhoNort See Aplicable awst Ratll 6
Tari, Catalo or P~ce Ustlas
Discunt (whic will be
proed pursuant ia tami and
candllJns In CLEC's ICA).
109.11.11.2 Idaho Soth Saa Aplicable Qwt RetaU 6Tari, Calo or P~ca List las
Dlsunt (which will be
prided pursuant ia tenn andcandltns In CLEC's ICA).
109.20 Misllane Chal'".5
109.0.1 Deslan . Nort
109.20.1.1 Malntanance of Servce
109.20.1.1.1 Basic
109.20.1.1.1.1 Firt Incment MVXX ..
109.2.1.1..2 Each Adltnallncrment MV1X ..
109.2.1.1.2 Ovrt
109.20.1.12.1 FIlnment MVOX ..
109.20.1.1.2.2 Eac Addltllnc lA2X ..
109.20.1.1.3 Pralum
109.20.1.1.3.1 Firs Inmant MVPX ..
109.20.1.1.3.2 Ea Addltnsllncmet MV3X ..
109.20.1.2 OOtlnal Tesna IAddltnal La\
109.20.1.2.1 Basic Firs snd Each Addltonallncrment OTNX ..
109.20.1.2.2 Ovme Firs and Each Adltnallncrment OTNOX ..
109.20.1.2.3 Premlum Fir an Each Adltallncmant OTNPX ..
109.20.1.3 DlsDatd IAddltal Dlsoatd - No truble found 60 ..
109.20.1.4 DIsDatd for Mainteanc of Sarv . No Troubl Found VT6DM ..
109.20.2 Deon and Non-slan . Nort
109.20.2.1 T~D Charae - Premises VlslI Charae .seo ..
109.20.2.2 Premiss Work Chsræ
109.20.2.2.1 Sasc
109.20.2.2.1.1 Fir Incment HRD11 ..
109.20.2.2.1.2 Each Addltnallncrment HRDA1 ..
109.20.2.2.2 Ovartlma
109.20.2.2.2.1 Fit Incrnt HRD12 ..
109.20.2.2.2.2 Each Addltllncment HRDA2 ..
109.20.2.2.3 Premium
109.20.2.2.3.1 FI Incment HRD13 ..
109.20.2.2.3.2 Each Addllianalincent HRDA3 ..
109.20.2.3 Netw Premise Wor ChamA
109.20.2.3.1 Basic Firs Incrmsnt HRR11 ..
109.20.2.3.2 Basic Each Addltnallnct HRR1 ..
109.20.2.3.3 Ovma Firs Incrment HRR12 ..
109.20.2.3.4 Overtlma Each Addltnallncrment HRR ..
109.20.2.3.5 Premlum Firs Incment HRR13 ..
109.20.2.3.6 Premium Each Addillalincment HRRA3 ..
109.20.2.4 Date Chanae VT60 ..
Daslan Chanae H28 ..
Exlt Charae Par da. advenc EODDB ..
Cancelatin Charaa NoUSOC ICB
109.20.3 Non-Dslan . South
109.20.3.1 Netwrk Premises Work ChamA
109.20.3.1.1 All Hours 1st 15 minute HRH11 ..
Qw Lol Sorv Platfrm 1M Agreent QLSP1M Rete Sheet-1.2.3 04.11.08
.
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2
#
DoS;g En II 9E7A85-73~10793l!C
.
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Qwest Local Servce. Platfrm TI (QLSpTI) Rae Page -Idaho
Janua 4 2011 throu hTerm*
109.20.3.1.2 All Hours ne thr 15 minutes HRHA1 -
109.20.3.1.3 Al Hours ea addtl15 miute HRDA1 ..
109.20.4 Deal"n . Sout
109.20.4.1 Malnlanc of Sarvce
109.2.4.1.1 Basic
109.20.4.1.1.1 Fir Incrment INXX -
109.20.4.1.1.2 Each Addllnallncrmant IN1X -
109.20.4.1.2 Ovrtlme
109.20.4.1.2.1 Fir Incrnt INOX -
109.20.4.1.2.2 Ea Addltallncmant IN2X -
109.20.4.1.3.1 Pralum
109.20.4.1.3.1 Flnilncrment MVWPX -
109.20.4.1.3.2 Each Addllonellncnt MVW3X -
1na-:.4.2 Dntiosl Teoii" (Additional Labor
1 09.20.4.2.1 B ic FIrst anrl Each AdlllnAllncrment TNBX -
109.20.4.2.2 Ova Flni and Each AdIUonallncrment OTNOX -
109.20.4.2.3 Premium Flni an Each Addllnallncrement OTNPX -
109.20.4.3 Dislc (Additl Dislc - No truble foundl VT6DC -
109.20.4.4 D1nalc for Maintanance of Sarv - No Trouble Found IfDM -
109.20.4.5 Ne~ Prem~ Wo~ CMme
109.20.4.5.1 Basic
109.20.2.5.1.1 Fir Incrnt HRH11 -
109.20.2.5.1.2 Each Addltllncmat HRHA1 -
109.20.4.5.2 Ovrt
109.20.2.5.2.1 Fir Incrment HRH12 -
109.20.2.5.2.2 Each Addltallncent HRHA .-
109.20.4.5.3 Prmium
109.20.2.5.3.1 Fir Incrment HRH13 -
109.20.2.5.3.2 Each Adital Incmen HRHA -
109.20.5 Delnn .nd No~"'n . SouØ
109.20.5.1 Trin Chme - Premis V1K ....e NRTCY -
109.20.5.2 Premis Wo~ ChIO
109.20.5.2.1 Basic
109.20.5.2.1.1 Fir Incma HRD11 -
109.20.5.2.1.2 Eac Addllnallncrant HRDA1 -
109.20.5.2.2 Ovrtlme
109.20.5.2.2.1 Fir Incrma HRD12 -
109.20.5.2.2.2 Eac Addllnallncrment HRDA2 -
109.20.5.2.3 Premium
109.20.5.2.3.1 Finlncrma HRD13 -
109.20.5.2.3.2 Each Addital Incment HRDA3 -
109.20.5.3 Da Chanae VTDC -
109.20.5.4 Delon CMna.H26 -
109.20.5.5 Exlt Chma Par day advance EODDB -
109.20.5.6 callatlon Chame NoUSO ICB
108.23 QLP" Inllllaton .nc Conv..n Noreurr- Chl-./''Re.'
108.3.1 Converson Nonrerrna Cha 81
109.23.1.1 QLP" iUl11l Cen..v. p.' and PBX An.I- nanoDlD Trunks ReldenU.1
109.23.1.1.1 Flni Line lUacenlz URCCU 51.SO
109.23.1.1.2 Each AddKlonal Une Manlzad URCCY SO.SO
109.23.1.1.3 FIrst Une lUanual URCC 515.00
109.23.1.1.4 Each Addllnal Une Manuel URCCZ 53.00
109.23.1.2 OLRP" PBX DID Trunks .
109.2.1.2.1 Flni TlUnk URCCD 526.64
109.23.1.2.2 Eech Addltl 52.73
109.23.1.3 OUP" ISDN BRI
109.23.1.3.1 Flni URCCU 530.66
109.23.1.3.2 Each Addlt.1 52.73
108.23.Inllllalon Noreurr.. Ch..e.
109.23.2.1 QLP" Bull.. Cenlnx p.' .nd PB An.lo" iiID Trunks Re.ldentll
109.23.2.1.1 Flni Line Macenizd NHCR 5SO.0I
109.23.2.1.2 Eac Adltel Une Mechiz NHCRC $1S.OO
109.23.2.1.3 FIrst Line lUanuai NHCRB 575.00
109.23.2.1.4 Each AddKlonel lie Menual NHCRD 520.00
109.23.2.2 QLP" Anal.. DID PBX Trunks 515.21
109.23.2.3 QLP" ISDN-B 272.96
109.3.Qwl A1N F.at..
109.23.3.1 IdehoNorth S.e Applcale Ows! Rot"6
Tari, Cetalo or Price Usles
Disunt (whic wHl be
prad pursuant to te and
condltonaln CLEC's ICA).
Qw Locl Sarv Plallnn 1M Agraent QLSP1M Rete Sht-1.2.3 04.11.08 3
Oolgn En 10: 9E1A8732E10195C
109.23.3.2 Idaho South Saa AppDcabl Qwt Ratall
Tari, catalo or Prica List lass
Discont (whic WIL ba
prvided purauant to term andcondlUo in CLEC's ICA).
109.23.Qw Volca Me.. I Sarlcas
109.23.4.1 Idaho Nort Sea AppDcabl awst Ratil 6Tari, catalo or Prca LI les
Discont (whic WIL ba
plOvided pursuant to term and
condlts In CLEC's ICA).
Saa Applcabl Qw RatH 6Tari, catalo or Pri LI les
Disunt (wic WILL ba
proed pursuant to Ies and
coit In CLEC's ICA).
109.23.4;2 Idaho Soth
112 o raonalSu rlS il
112.1 Devaloments an Enhancmants Lol Sarvca Re ues112.2 On' 0 eratlns Lol Serv Ruest
112.3 Deily Usaga Recos Fil, perRacrd
Al charges and Ints
aqual tha coparable cherges
end Incrments proed In the
Qwe Whoale PCAT.ll.Universl Servca Ordar Coes (USOC) hava be proed in en efor to aase Ilm desti end USOC astlon with charg. In the evant USOC are inaccrate
or are reed, Qw reserv th riht to corr th Ra Shet In th avt 01 any slgnllnt chang(s), noon WIL ba proided vi the stndar notltln prcass.
See Applbla Qw Rall Tari, Ca or Pr LI fo ai ch and in.
QLSP'" Busine and Reldanl ii ut th same Cla 01 Se end Iia Unlrsl Sarv Or coes (USOCa). QLSP'" Reidentil servs WIL ba billed at
the Anlo Port ra and only th Un tht apall quall fo and are ldtl as serv a _ end-user cust by the pranca 01 th LAWUR USOC wil
reiv the Residenl en ua crit i
2 QLSP'" serv Indudae nondiscrminatry ac to all wrl aw fara tht are lo In Qw End Ofca Sw. Sea th PCAT for all comptible and availabla
vaca aw feature. Only vartl sw laature wi Norr, Reinng, or Pe Occrrnc chares are lis. Non-ecurrng char are applicable whnevar a
feature is added. whathar on ne lnlatln, convarsn, or chng orer ac. Th varUcal sw feture no lis hava a ra 01 $0 for Monthly Recurrng, Non-
Rerrng, or Per Ocrrca charg.
3 Raserv for future usa.
4 The Subseuent Order Charge 10 applicabl on a per ordar basis when ches ar reues to exsUng seivic. Incling chang e telephoe number, InlUating or
reovng Suspeion or Servce. denying or rering servca, adin, re, or chngin faro, and oter sila reues.
5 QLSP'" ISDN BRI and PBX are "Dgn'. Remain QLP'" ii are "N.. AI ch an 1.. sI ba th sa as the coparabl chrges andIncmants pred In Qw Ral Tanf, Cetalo, or Pr Us an ar subj to ch ba on ch in th undor Qw Retell Tanf, catalos, or Prica
List. In the evant a rae chenges, nocati wiD ba pro vi th stnd no pi.
6 Where the serv has ban deeme to ba a Telomunlcns Selca, th Diunt WIL ba prvied pursant to CLEC'sICA. Whe the serv 10 not e
Telecomunlcellons Serv, the discount will ba 18%.
Qw Locl Seivic Plalfon 1M Agrement QLSP1M Rate Shaat.V1.2.3 04.11.08
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4