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HomeMy WebLinkAbout20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7th Avenue, Room 1506 Seattle, Washington 98191 (206) 733-s178 Facsimile (206) 34&4040 Maura E. Peterson Paralegal Regulatory Law January 17,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 472 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 sI74 +i1 TrrY .-U CenturyLink'!I 'r 1 ii: Via Overnight delivery Qw E--r otoQ CenturyLink Local Services Platform ("CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your office on January 16,2014, enclosed are the signature pages for all of the CLSPs which have been extended. For your convenience, we are also enclosing a matrix listing the CLSPs and the docket numbers associated with the original agreements. Please contact have any questions concerning the enclosed. Thank you. Sincerely, Maura E. MEP/jga Enclosure EXTENSION AMENDMENT TO CENTURYLINKTM LOCAL SERVICES PLATFORM ("CLSP'U''; AGREEMENT This amendment ('Amendment'), by and between Qrrest Corporation dba CenturyLink QC ("Ce_nturyLink"), .a Colorado corporation, and MGlmetro Accesj Transmission Services LLb ("CLEC"), amends ihe CenturyLinkrM Local Services Platform ("CLSe'ul Agreement (formerly known as'Qwest Local Services Platformru ("QLSerul Agreement") between the Parties. WHEREAS, the Parties entered into a Qwest Local Services Platform ('QlSe*'1 Agreement (now referred to as a CenturyLinkrM Local Services Platform ("C|-SR *'1 Agreement), (the "Ag reement'); and WHEREAS, the terms 'CenturyLink' and -CLSP" in this Amendment shall be used in place of, and interchangeably with' the terms "Qwest'and 'QLSP', respectively, in the Agreement; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the releipi and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section 2. of the Aqreement will be reolaced in iE entiretv as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,20'14. Section 3 of the Aqreementwitl be replaced in iE entiretv as follows: 3. Term. The term of this Agreement begins on the Effective Date and continues through December 31, 2016' Upon expiration, this Agreement will continue tn a month-io-month basis until it is terminated by either Pafi, with at least ninety (90) Days prior wriften notice, pursuant to Section 22 of lhe Agreement, or replaced by a successor agreement. Attachment 2 - Seruice Description - of the Aqreement ls herebv amended as follows: 1. Section 1 of Attachment 2 will have the following added: 1.6.7 Should CenturyLink cease offering a service to its End User Customers that is also available under this Agreement, upon thirty (30) Days prior written noticeio CLEC, CenturyLink will also cease offering the service to CLEC' Notwithstanding ttre foregoing, beniuryLink will not effect a discontinuation of any service pursuant to this Section 1.6.7 in such manner that CLEC iray-not reaionably comply with Applicable Law conceming End User Customer discontinuation of service, disconnection and notificatbn, provided tnat, the foregoing is subject to CLEC's reasonable diligence in effecting such compliance. . Section 3.2.4 of Attachment 2 is replaced with the following: 3.2.4 115o/o YOY Votume Growth Plan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or exceeds 110o/o ol the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,000) CLSP lines, CLEC will qualiff for a 30% discount off the Business Port MRCs and a 60lo discount off the Residential Port MRCs applicable during the next calendar year. 3. Section 7 of Attachment 2 will have the following changes: 7.O Gommercial Performance and Service Credits. 7.2 Removed in its entirety. 7.3 Removed in its entirety. 4. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer the Washington Performance Assu=rance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. Decemberl0, 20131kjG/CLSP 2014 Extension Amendment to CLSPn' AgreemenUMClmetro Access AZ-CDS-1OlO21-OOti6;CO-CDS-101021-0087;IA-CDS-101021-0088;rD-CDS-101021-0089;MN-CDS-10102',|-0090 MT-CDS-10102'l-0091; ND-CDS-101021-0092; NE-CDS-101021-0093; NM-CDS-101021-0094; OR-CDS-101021'00951 SD-CDS-I01021-0096; UT-CDS-101021-0097; WA-CDS-101021-0098; WY-CDS-101021-0099 Page 1 of2 CenturyLlnkil Local Servlces Platform (CLSPil) Rate Page -AZ, CO, lA, lD, ilT, ND, NE, NM, OR, SD, UT, WA, WY January 1, 2014 through Term CenturyLlnkil Local Servlces Platform (CLSPil) Rate Page - Minnesota January 1,2011 through Term I09.fi.2 'ort!, lf E{rX YOY Volume Retontlon Plan Requlrqnerta AI. tet tog.11-2_1 \nalos Port t{/, 109.l'.t.2.2 ,o Port. R€sidenaial 6rd us€r cr€dft .AWUR N,, r09.11.2.3 =fiscffve CLSPil Resid€ntial Analoo Porl t'l/, 109.11.2.4 tal Poft (suppodlrE BRI lsDN)N/' 109.1 1.2_5 )BX DID Port N,, r09.zl,ndalletlon ilonrecurlm Chrms! tolt.23.2.1 ;LSPil Bualna!3, Cent 0r, PAL, lnd PBX Antloo non.I)lD Trunk3, R$ldentlrl 109.23.2.1.1 I FIst Une ([,]€ch6rIzod){HCRA $2s.0( DocuSign Envelope lD: C8AS6S5rcD87-4DA2-A3OF-B37O329A71FD EXTENSION AMENDMENT TO GENTURYLINKTil LOCAL SERVTCES PLATFORM ("CLSP'*"; AGREEMENT Further Amendments Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force and effect. The provisions of this Amendment, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures frornthe provisions of this Amendment may not be given without the written consent thereto by both of the Parties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or afiect in any way any rights arising by virtue of any prior or subsequent such occunence. Entlre Aoreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any prior understandlngs, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter of the Agreement, as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set fo(h below, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. PiperTel Communications, by: By: (,{,yis Stofot" By: Name: L. T. Christensen Name: Title:Title: Director-Whole.saleContracts.ceneral Manager Date: t2/5/20L3 Date:L2/s/20L3 October 25, 2013/kjc/CLSP 201 4 Extension Amendment to CLSPTM AgreemenUPipertel Communications/ AZ=CDS-101022-0012iCO=CDS-101022-0013; lA=CDS-101022-0014; lD=CDS-|OIOZZ-OOIS; MN=CDS-101022-0016; MT=CDS-'10'1022-0017; ND=CDS-101022-001 8; NM=CDS-101022-0019; OR=CDS-10'l 022-0020; WA=CDS-1 01022-OO2'l; WY=CDS-'I 01022-0022 page 2 ot 2