20101215Amendment.pdf

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Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
(::E t\1
ZOin DEC l 5 AM to= 22 Qwest$
Spirit of Service$
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
December 14, 2010
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-05-08
Application for Approval of Amendment to the Interconnection Agreement
Dear Ms. Jewell:
Enclosed for fiing 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 t . satter.
~,.....cceefelY'110\ ri aura E. pet~.~
mep
Enclosure
cc: Service list
.Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr(g q west.com
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iUWDEr 15 A?1l0: 22
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNCTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE- T -05-08
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
. Utilities Commission on September 29,2009 (the "Agreement"). The Amendment with
PrimeTime Ventures, LLC ("PrimeTime") 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 Commssion 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 pary 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 Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment wil enable PrimeTime.
APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 1
QWEST LOCAL SERVICES PLATFORM AGREEMENT
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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 hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this ~day of December, 2010
AdamL. Sh
Attorney for Qwest
L ~Of:
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT - Page 2
QWEST LOCAL SERVICES PLATFORM AGREEMENT
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CERTIFICATE OF SERVICE
I hereby certify that on this tlt~ay of December, 2010, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡¡ewell (gpuc.state.id.us
Hand Deli very
U. S. Mail
-- Overnight Delivery
Facsimile
Email
Jeff Rhoden
President
Prime Time Ventures, LLC
288 S. Pacific Hwy
Talent, OR 97540
_ Hand Deli very
_X_ U. S. Mail
Overnight Delivery_,
Facsimile / \
Email
Maura Peterson
Paralegal, Qwest Co
APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
QWEST LOCAL SERVICES PLATFORM AGREEMENT
D?cuSign Eñvelope 10: 6AE50805-9F40-4FBC-A740-9BE950603COO
.QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
This Owest Local Services Platform™ ("OLspm") Agreement, together with the Attachments hereto and Rate Sheets,
incorporated herein by reference ("Agreemenl) is between Qwest Corporation ("Qwest"), a Colorado corporation, and
Prime Time Ventures, 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:Prime Time Ventures, LLC:
By:
Name:
Title:
Date:i
r-05E9FC6BD844...--lJ.r~_ I
L T Ch J",.pocusigne. By L T Chrlstn.en..... ristensen ...
Director - Wholesale Contrcts
11/11/2010
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owner
11/10/2010.
By:
Name:
Title:
Date:t.' ;11
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: intagreecægwest.com
With copy to:
Qwest Law Department
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectioncægwest.com
.CLEC:
Jeff Rhoden, President
Prime Time Ventures, LLC
288 S. Pacific Hwy.
Talent, OR 97540
Phone: [phone]
E-Mail: jrhodencæinfostructure.net
APPLICABLE STATES:
Qwest agrees to offr and CLEC intends to purchase Servce 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.
South Dakota
Utah
x
X
X
X
X
X--
X
X
Arizona
Colorado
Idaho
Iowa
Minnesota
Montana
Nebraska
New Mexico
Nort Dakota
Oregon
-- Washington 7.0 (with Commercal Perfrmance
Measures and Reporting, Perfrmance Targets and
Service Creits, as described in Section 7.0 of
Attchment 2 to this Agreement); or
Washington 8.0 (with Service Perfrmance Measures
and Reporting and Perfrmance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Attchment 2 to this Agreement).
-- Wyoming
. Oct 28, 2010/carime Time Venture
AZ=COS-101028-oo15; CO=COS-101028-O16; IA=C08-101028-o017; 10=COS-101028-0018; MN=COS-101028-O19; MT=COS-101028-020;
NO=COS-1 01 028-0021; NM=COS-1 01 028-022; OR=COS-1 01 028-0023; WA=CDS-1 01 028-0024; WY=COS-1 01 028-0025Qwst QLSpTM MSA - (v10-15-10) Page 1 of 11
DocuSign Envelope 10: 6AE50805-9F40-4FBC-A74D-9BE9506D3CDD
.WHEREAS, CLEC desires to purchase from Qwest certin combinations of Network Elements, ancilary functions, and additional
features, including without limitation, the local Loop, Port switching, and Shared Transport.
Now, therefore, in consideration of the tenns and conditions contined herein, ClEC and Owt mutually agree as follows:
1. Definitions. Capitalized tenns used herein are defined in
Attchment 1.
2. Effctive Date. This Agreement is effectve upon the
later of (i) January 4, 2011 or (ii) the date that it is fully executed by all
of the Partes ("Effectve Date").
2.1 ClEC's Owest Platfnn Plus TM Master Services Agrement,
if any, is tenninated immediately upon execution of this Agreement,
and Owest will provide ClEC local platfonn servces only pursuant to
the tenns and conditions of this Agreement. The effective billng date
for QlSP service will be the latest date of execution by the Parties.
3, Term.'"The tenn of this Agreement begins on the
Effecve Date and continues through December 31, 2013. In the
event that at the expiration of this Agreement ClEC has any remaining
Customer served under this Agreement, Qwst may immediately
convert ClEC to an equivalent. altemative servce at market-bse
wholesale rates.
4. Scope of Agreement; Servce Provisioning; Contrllng
Documents; Change of Law; Eligibilty for Service under this
Agreement; Non-Applicability of Change Management Process.
4.1 The Services ("Service") descnbed in this Agreement will
only be prvided in Qwesfs incumbent lEC service terntory in the
states of Anzona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, Nort Dakota, Oregon, South Dakota, Utah,
Washington and Wyoming.
4.2 In the event of a conflict in any tenn of any documents that
govem the provision of Servces hereunder, the foHowing ordr of
precedence will apply in descending order of contr: an Attchment,
Rate Sheet, this Agreement, and any effectve Order Fonn hereunder.
The Parties agree that the Service offere and purchased under this
Agreement are subject to compliance with Aplicable law and
obtaining any domestic or foreign approvals and authonzations
required or advisable.
4.3 The provisions in this Agreement are intended to be. in
compliance with and based on the existing stte Of Applicable law,
including but not limited to Federal rules, regulations, and laws, as of
the Effective Date ("Existing Rules"). Nothing in this Agreement shall
be deemed an admission by Owest or ClEC conceming the
interpretation or effec of the Existing Rules or an admission by Owest
or ClEC that the Exsting Rules should not be changed, vacated,
dismissed, stayed or modified. Nothing in this Agrement shall
preclude or estop Owt or ClEC from taking any position in any
forum conceming the proper interpretation or effect of the Existing
Rules or concerning whether the Existing Rules should be changed,
vacate, dismissed, stayed or modified.
4.4 If any change in Applicable law matenally impairs a Parts
abilty to perfnn or obtain a benefit under this Agrement, both Partes
agree to negotiate in good faith such changes as may be necesary to
address such matenal impainnent.
4.5 To recive services under this Agreement, ClEC must be a
certed ClEC under Applicable law. ClEC may not purchase or
utilize Services covere under this Agreement for its own
administrative use or for the use by an Affliate.
4.6 Except as otherwse provided in this Agreement, the Parties
agre that Serces provided under this Agreement are not subject to
the Qwst Wholesale Change Management Process ("CMP"), Owesfs
Perfnnance Indicators ("PID"), Perfnnance Assurance Plan ("PAP"),
or any other wholesale service quality standards, or liquidated
damages and remedies. Except as otherwse provided, ClEC hereby
waives any nghts it may have under the PID, PAP and all other
wholesale service quality standards to liquidated damages, and
remedies with respect to Services provided pursuant to this
Agreement. Any ClEC-propoed changes to the attbutes of any
Servce or pross enhancements will be communicated through the
stndard account interfaces. Change requests common to shared
systems and processes subjec to CMP wil continue to be addressed
via the CMP procedures.
5. CLEC Information. ClEC agrees to work with Owest in
good faith to promptly complete or update, as applicable, Qwsts
"New Customer Questionnaire" to the extent that ClEC has not
already done so, and ClEC shall hold Owest 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 descnption of the Service and applicable rates are set
forth in the Attchments hereto and Rate Sheets. The Partes 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, .
stae, or local sales, use, excise, gross receipts, trnsact or similar
taes, fee or surcarges ("Tax or "Taxes"). Taxes resulting from the
perfonnance Of this Agreement shall be beme by the Part upon which
the obligation for payment is imposed under Applicable . law, even if
the obligaton to collect and reit such Taxes is placed upon the other
Part. However, where the sellng Part is specifically pennited by
Applicable law to collect such Taxes from the purchasing Part, such
Taxes shall be bome by the Part purchasing the servce. Taxes
shall be biled as a separate item on the invoice in accrdance with
Applicable law. The Part biling such Taxes shall, at the wnten
request of the Part being biled, provide the biled Part with detailed
infonnation regarding biled Taxes, including the applicable Tax
junsdiction, rate, and base upon which the Tax is applied. If eiter
Part (the Contesting Part) contests the application of any Tax
colleced by the other Part (the Collecting Part), the Collecting Part
shall resonably cooperate in good faith with the Contesting Parts
challenge, provided that the Contesting Party pays all reasonable cots
incurr by the Collecting Part. The Contesting Part is entied to the
benefit of any refund or recvery resulting from the contest, provided
that the Contesting Part has paid the Tax contested. If the
purcasing Part provides the sellng Part wi a resale or other
exemption certificate, the sellng Part shall exempt the purcasing
Part if the sellng Part accpts the certifcae in good faith. If a Part
becomes aware that any Tax is incorrctly or errneously colleced by
that Part frm the other Part or paid by the other Part to that Part,
the Part that received such Tax shall refund the incorrctly or
erroneously collected Tax or paid Tax to the other Part.
6.3 Each Part is solely responsible for any ta on it corprate
existence, status or income and each Part shall be solely responsible
for all taxes on its own business, the measure of which is its ow net
income or net wort and shall be responsible for any related ta filings,
Oct 28, 2010/cacInme Time Ventures
AZ=CDS-10102S-0015; CO=CDS-10102S-Q016; IA=CDS-10102S-Q017; ID=CDS-101028-oo1S; MN=CDS-10102S-Q019; MT=CDS-10102S-0020;
ND=CDS-101 02S-0021 ; NM=CDS-101028-022; OR=CDS-1 01 028-0023; WA=CDS-10102S-0024; WY=CDS-101028-025Qwest OlSpTM MSA - (v1 0-15-1 0) Page 2 Of 11 .
D.ocuSign ~nvelope 10: 6AE50805-9F40-4FBC-A74D-9BE9506D3CDD
. payment, protest, audit and litigation. Each Part shall be solely
responsible for the billng, collection and prope 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 purposes of this Agreement or to
receive Service. solely as provided in this Agreement or as specifcally
reuire by the then-applicable federal rules and regulations relating toService 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, copyrght, trade name,
trademark, service mark, trade secret, or other proprietary interest or
intellectal propert, now or hereafter owned, controlled or licensable
by either Part. Neither Part may use any patent, copyright, trade
name, trademark, servce mark, trde secret, nor other proprietary
interest or intellectal propert, now or hereafter owned, controlled or
licensable by either Part without execution of a separate written
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 Part (an Indemnified Part) harmless frm and against
any loss, cost, expnse 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
intellectal propert rights of any third part. The obligation for
indemnification recited in this paragraph shall not extend to
infringement which results frm:.A. any combination of the facilties or services of the
Indemnifyng Part with facilities or service of any other Person
(including the Indemnified Part but excluding the IndemnifyngPart and any of its Affliates), which combination is not made by
or at the direction of the Indemnifying Part or is not reasonably
necssary to CLEC's use of the Servces offered by Qwst under
this Agreement; or
B. any modifcation made to the facilities or services of the
Indemnifyng Part by, on behalf of, or at the reques of the
Indemnified Part and not required by the Indemnifyng Part.
7.3 In the event of any claim, the Indemnifng Part may, at its
sole option, obtin the riht for the Indemnified Part to continue to use
any infrnging facility or service or replace or modif any infrnging
facility or service to make such facilit or service non-infrnging.
7.4 If the Indemnifng Part is not reasonably able to obtain the
right for continued use or to replace or modify the facilty or servce as
proded above and either the facUity or service is held to be infringing
by a court of copetent jurisdiction or the Indemnifng Part
resonably believes that the facilit or servce will be held to infrnge,
the Indemnifing Part will notify the Indemnified Part and the Partes
will negotiate in goo faith rearding reasonable modifications to this
Agreement necessary to mitigate damage or comply with an injunction
which may reult frm such infringement or allow cessation of furter
infngement.
7.5 The Indemnifyng Part may request that the Indemnified
Part take steps to mitigate damages resulting frm the infrngement or
alleged infrngement including, but not limited to, accpting
modifications to the facilities or services, and such request shall not be
unreasonably .denied.
7.6 To the extent required under Applicable Law, Qwst shall
use commerially reasonable effrt to obtain, from it vendors who
have licensed intellectual propert rights to Qwest in connection with
Servces provided hereunder, licenses under such intellectal propert
rights as necesary for CLEC to use such Services as conteplated
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 Qwst believes it has used its commercially reasonable
effort to obtin such rights, but has been unsucsful in obtining
such rights. Nothing in this subsection shall be construed in any way
to condition, limit, or alter a Parts indemnification obligations under
Secion 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 business assciation or
any similar arrngement with the other or its Affliates; the other Part
and its Affliates are in any way sponsoring, endorsing or certifying it
and its goods and services; or with respect to its marketing, advertising
or promotional actvies or materials, state or imply that the services
are in any way associated with or originated frm the other Part or
any of its Affliates. In addition, CLEC, including its employees,
representatives and agents, will not state or otherwse indicate, directly
or indirectly, to its end-users or prospecive end-users: (a) that they wil
be Qwest customers or that they may obtain Qwest service frm CLEC
or (b) that CLEC has or the end-user will have any relationship with
Qwest. Witout limiting the foreoing, CLEC must not use a name,
trdemark, service mark, copyrght or any oter intellecal propert
owned by Qwest or its Affliates, except that CLEC may communicate
that Qwest is one of the underlying carriers fro which CLEC
purchases services if CLEC has obtained the prior wrn consent of
the Qwest Law Departent. This is a non-exclusive agreement.
Nothing in this Agreement prevents Qwst from offering to sell or
sellng any serces to other partes.
7.8 Nothing in this Secion prvents either Part frm truthlly
describing the Servces it use to provide service to it End User
Customers, provided it does not repreent the Services as originating
frm the other Part or it Affiates or otheiwise attempt to sell its End
User Customers using the name of the other Part or its Affliate.
Qwsts name and the names of its affliates are proprietary and
nothing in this Agreement constitutes a license authoring their use,
and in no event will CLEC, including its employes, repreentatives
and agents, attempt to sell any Services to its end-users using the
name, brand or identit of Qwest or Qwests Affliates in any way.
7.9 Because a brech of the material provisions of this Secon 7.
may cause irrparable 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 Payent Obiigation. Amounts payable under this
Agreement are due and payable within thirt (30) Days after the date ofinvoice ("Payment Due Date"). If the Payment Due Date fals on a
Sunday or on a holiday which is observed on a Monday, the payment
date will be the first non-holiday day followng such Sunday or holiday.
If such a payment date falls on a saturday or on a holiday which is
observed on Tuesday, Wednesay, Thursday or Friday, the payment
date shall be the last non-holiday day preeding such Saturday or
holiday. For invoices distrbuted electnically, the date of the invoic
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 28, 201 O/caclrime Time Ventures
. AZ=CDS-101028-0015; CO=CDS-101028-16; IA=CDS-101028-Q17; ID=CDS-101028-0018; MN=CDS-101028-019; MT=CDS-101028-020;
ND=CDS-101028-0021; NM=CDS.101028~022; OR=CDS-101028-0023; WA=CDS-101028~024; WY=CDS-101028~025Qwest QLSpTM MSA - (v1Q-15-10) Page 3 of 11
DocuSign Envelope 10: 6AE50805-9F40-4FBC-A74D-9BE9506D3CDD
8.2 Cessation of Order Processing. Qwst may discontinue
processing orders for Service for any breach by CLEC of this
Agreement, including without limitation, the failure of CLEC to make full
payment for Services, less any good faith disputed amount as provided
for in this Agreement, within thirt (30) Days following the Payment
Due Date; provided that Qwest has first notied CLEC in wring at
least ten (10) busines days prior to discontinuing the processing of
orders for Services. If Qwest does not refuse to accept additional
orders for services on the date specified in the ten (10) business days
notice, and CLEC's non-cmpliancecontinues, nothing contained
herein shall preclude Owests right to refuse to accpt additional orers
for Services from CLEC without further notice. For order procesing to
resume, CLEC wil be reuired to cure any brech and make full
payment of all past-due charges for Servces not disputed in goo faith
under this Agreement, and Qwest may require a depoit (or relculate
the deposit) pursuant to Section 8.5. In additon to other remedies that
may be available at law or equity, Qwst reserves the right to seek
equitable relief including injunctve relief a.nd speifc perfonnance.
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 Service, less any good faith disputed amount as
provided for in this Agrement, within sixt (60) Days following the
Payment Due Date provided that Qwest has first notifed CLEC in
writing at least ten (10) business days prior to disconnecting Servce.
CLEC wil pay the applicable charge set fort 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 tenninatin
charges,will become due and payable. If Qwt does not disconnect
CLEC's Servce on the date specified in the ten (10) business days
notice, and CLEC's noncompliance continues, nothing contained
herein shall prelude Owests right to disconnect any or all Services.
For reconnection of the Service to ocur, 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 Secton 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
perfonnance. Notwhstanding the foregoing, Owest will not effect a
disconnection pursuant to this Section 8.3 in such manner that CLEC
may not resonably comply with Applicable Law coceming End User
Customer disconnecon and notifcation, provided that, the foregoing is
subject to CLEC's reasonable dilgence in effectng suc compliance.
8.4 Biling Disputes. Should CLEC dispute, in goo faith, and
withhold payment on any portion of the charges under this Agreement,
CLEC will notify Owest in writing within fifteen (15) Days following the
Payment Due Date identifng the amount, reason and rationale of
such dispute. At a minimum, CLEC will pay all undisputed amounts
due to Qwst. Both CLEC and Qwest agree to expedite the
investigation of any disputed amounts, promptly provide reasonably
requested documentation regarding the amount disputed, and work in
goo faith in an effort to resolve and settle the dispute through infonnal
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 disput charges have been wiheld
and the dispute is reslved in favor of Qwest, 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 furter dispute reolution. If the
disputed charges have been withheld and the dispute is reolved
,.
in favor of CLEC, Owest will creit CLEC's bil for the amount of
the disputed charges and any late payment charges that have
been assesed no later than the second Bil Date after the
resolution of the dispute.
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B. If CLEC pays the disputed charges and the dispute is
resolved in favor of Owest, no further action is required. If CLEC
pays the charges disputed at the time of payment or at any time
thereafter, and the dispute is resolved in favor of the CLEC,
Qwt wil adjust the Billng, usually within tw Biling 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 wil be the
same rate as late payment charges. In no event, however, wil
any late payment charges be assessed on any previously
assessed late payment charges.
D. If CLEC fails to dispute a rate or charge within 60 Days
following the invoice date on which the rate or charge appeared,
adjustent will be made on a going-forwrd basis only, beginning
wi the date of the dispute.
8.5 Securit Depoits. In the event of a material adverse
change in CLEC's financial condition subsequent to the Effective Date
of this Agreement, Qwest may request a security deposit. A "material
adverse change in financial condition" means CLEC is a new CLECwi no established creit history, or is a CLEC that has not
esblished saisfactor credit with Owest, or the Part is repeatedly
delinquent in making its payments, or is being reconnected after a
disconecn of Service or discontinuance of the processing of orders
by Owest due to a previous failure to pay undisputed charges in a
timely manner or due to the failure by CLEC to cure a brech of this
Agreement in a timely manner. Qwst may reuire a deposit to be
held as security for the payment of charges before the orders from
CLEC will be provisioned and completed or before reconnecion of
Servce. "Repeatedly Delinquent" means any paymnt of a material
amount of total monthly Billng under this Agreement received afer the
Payment Due Date. thre (3) or more times during the last twelve (12)
month period. The deposit may not exceed the estmated tol monthly
charges for a tw (2) month period based upon recent Billng. The
deposit may be an irrvocable bank letter of crdit, a letter of credit
with tenns and conditions accptable to Qwest, or some other fonn of
mutually accptable securi such as a cash deposit. The deposit may
be adjusted by CLEC's actual monthly average charges, payment
history under this Agrement, or other relevant factors, but in no event
will the security deposit exceed five millon dollars ($5,000,000.00).
Require deposits are due and payable within thirt (30) Days after
demand and non-payment is subject to the tenns and provisions of
Section 8.2 and Section 8.3 of this Agreement.
.
8.6 Interes on Deposits. Any interet eamed on cash deposit
will 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 otheiwse
require by law, provided that, for elimination of doubt, the Parties
agre that such deposit are not subject to state laws or regulations
relating to consumer or End User Customer cash deposits. Cash
deposits and acced interest, if applicable, will be credited to CLEC's
accunt or refunded, as appropriate, upon the earlier of the expiration
of the tenn of this Agreement or the establishment of satisfactory credit
with Qwest, which will generally be one full year of consecutive timely
payments of undisputed amounts in full by CLEC. Upon a material
change in financial standing, CLEC may request, and Qwst will
consider, a recalculation Of the deposit. The fact that a deposit has
Oct 28, 2010/caclPrime Time Ventures
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ND=CDS-101028-Q021; NM=CDS-1 01 028-22; OR=CDS-1 01 028-0023; WA=CDS-101028-Q024; WY=CDS-101028-Q025
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. been made does not relieve CLEC frm any requirements of this
Agreement.
8.7 . Late Payment Charge. If any porton of the payment is
received by Qwest after the Payment Due Date, or if any portion of the
pay~ent is reeived by Qwest in funds that are not immediately
available, then a late payment charge will be due to Qwest. The late
payment charge is the porton of the payment not received by the
Payment Due Date multiplied by a late factor. The late factor is the
les~er 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 frm the Payment Due Date to and including the date
that the CLEC actally makes the payment to Qwest; or (ii) 0.00047
per Day, compounded daily for the number of Days from the Payment
Due Date to and including the date that the CLEC actally makes the
payment to Qwest.
8.8 CLEC must not remit payment for the Servces with funds
obtained through the Amrican Recovery and Reinvestment Act (or
ARRA) or other similar stimulus grants or loans that would obligate
Qwest to provide certin information or perfrm certin functons
unles those functons and obligations are specifically agreed to by the
parties in this Agrement or in an amendment to this Agreement.
9. Conversions. If CLEC is obtaining servces from
Qwst under an arrngement or agrement that includes the
application of termination liabilit assessment (TLA) or minimum period
charges, and if CLEC wishes to convert such services to a Service
under this Agreement, the conversion of such services will not be
delayed due to the applicabilty of TLA or minimum period charges.
The applicabilty of such charges is govemed by the terms of the
original agreement, Tariff or arrangement. Noting herein will be
constred as expanding the rights otherwse granted by this
Agreement or by law to elect to make such conversions.
.10. Customer Contact. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' servce
nee~s: in~luding without limitation, sales, servce design, order 'taking,
Provisioning, change orders, training, maintenance, trouble report,
repair, post-sale servicing, Billng, collecon and inquiry. CLEC wil
inform it End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contacting Qwst will be
instrcted to contact CLEC, and Qwests End User Customers
contacting CLEC will. be instrcted to contact Qwest. In responding to
calls, neither Part will make disparaging remarks about the other
Part. To the extent the correct provider can be determined
misdirected calls received by either Part will be referr to the proe~
provider of Local Exchange Service; howver, nothing in this
Agreement shall be deemed to prohibit Qwest or CLEC from
discussing it prouct and servces with CLEC's or Qwests End User
Custmers who call the other Part.
10.1. In the event Qwest tenninates Service to CLEC for any
reason, CLEC will provide any and all necessary notice to it End User
Customers of the termination. In no case will Qwest be responsible for
providing such notic 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
material provision of this Agreement and such default or violatin
continues for thirt (30) Days after written notice thereof, the other
Part may terminate this Agreement and seek relief in accrdance with
~nr ~medy ~vailable under this Agreement, including without
limitation, the Dispute Resolution provisions of Secion 25 herein and
in addition to the foregoing, Qwest may cease to accpt orders fro~
CLEC for Servces in accrdance with Section 8.2 above. The
remedies available to each Part pursuant to this Agrement are not to
be considered 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 credits or other
service creits, in which case Qwests total liabilty wil not exc the
aggregate amount of any applicable credits due.
12.2 Except for indemnification and payment obligations under
this Agreement, neither Part shall be liable to the other for indirec,
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, lost revenues, lost
savings suffere by the other Part reardless of the form of acton,
whether in contract, warrnty, strct liabilit, tort, including, without
limitation, negligence of any kind and regardless of whether the Parties
know the possibilty that such damagescould result.
12.3 Nothing contained in this Secton shall limit either Parts
liabilty to the other for willfl misconduct, provided that, a Parts
liabilty to the other Part pursuant to the foregoing exclusion, other
than direct damages, will be limited to a total cap equal to one hundred
per cent (100%) of the annualized run rate of total amounts chared by
Qwt to CLEC under this Agreement.
13. Indemnity.
13. 1 The Parties agre that unless otherwse specically set forth
in this Agreement, the following constitute the sole indemnification
obligations betwen and among the Parties:
A. Each Part (the Indemnifyng Party) agrees to release,
indemnify, defend and hold harmless the other Part and each of
it offcers, directors, employees and agents (each, an
Indemnitee) fro 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, resonable cots and
expenses (including attomeys' fees), whether sufere, made,
instited, or asserted by any Persn or entity, for invasion of
privacy, bodily injury or death of any Person or Persons, or for
loss, damage to, or destuction of tangible propert, whether or
not owned by others, resulting frm the Indemnifying Parts
breach of or failure to perform under this Agrement, reardless
of the form of action, whether in contrct, warrnty, strict liabilit,
or tort including (without limitation) negligence of any kind.
B. In the case of claims or losses alleged or incurrd by an End
User Customer of either Part arising out of or in connecn with
Servces provided to the End User Customer by the Part, the
Part whose End User Customer alleged or incurrd such claims
or loss (the Indemnifying Part) shall defend and indemnify 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 Indemnifng Parts End User Customers
reardless of whether the underlying Servce was provided or was
provisioned by the Indemnified Part, unless the loss was caused
by the gros negligence or willfl misconduct of the Indemnified
Part. The obligation to indemnify wih respect to claims of the
Indemnifng Part's End User Custoers shall not extend to any
claims for physical bodily injury or death of any Peron or
persons, or for loss, damage to, or destruction of tangible
propert, whther or not owned by others, alleged to have
reulted directy from the negligence or intentional conduct of the
. Oct 28, 2010/caclrime Time Ventures
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ND=CDS-10~28.,021; NM=CDS-1 01 028-022; OR=CDS-1 01028-0023; WA=CDS-101028-24; WY=CDS-10102S.,025QwstQLSP MSA-(v1Q-15-10) Page5of11
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employees, contractors, agent, or other representatives of th
Indemnified Part.
13.2 The indemnification provided herin is conditioed upon the
following:
A. The Indemnified Part will prompty notif the Indemnifng
Part of any action taken against the Indemnifed Part relating to
the indemnification. Failure to so notify the Indemnifyng Part will
not relieve the Indemnifying Part of any liabilty that the
Indemnifying Part might have, except to the extent that such
failure prejudices the Indemnifyng Parts abilty to defend such
claim.
B. If the Indemnifyng Part wishes to defend against such
action, it will give written notice to the Indemnifed Part of
accptance of the defense of such action. In such event, the
Indemnifying Part has sole authority to defend any such acton,
including the selecion of legal counsel, and the Indemnified Part
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifng Part does not
accept the defense of the action, th Indemnifed Part has the
right to employ counsel for such defense at the expense of the
Indemnifyng Part. Each Part agrees to coperate with the
other Part in the defense of any such action and the relevant
records of each Part will be available to the other Part with
respect to any such defense.
C. In no event will the Indemnifyng 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 Indemnifed Part
withholds consent, the Indemnified Part may, at its cot, take
over such defense; provided that, in such event, the Indemnifing
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 refused compromise or settement.
14. Limited Warranties.
14.1 Each Part will provide suitably qualified persnnel to perfonn its
obligations under this Agreement and provide all Servces hereunder in
a good and workmanlike manner and in matenal confonnance.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 expresly
provided in this Agrement, 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 otherwise act on the othets
behalf. The relationship arising from this Agrement does not
constitute an agency, joint venture, partership, employee relationship
or frnchise. Qwest is acting as an independent contractor and will
have exclusive contrl of the manner and means of perfnning its
obligations. Notwhstanding anything herein to the contrary, Qwst
reserves the right, in its sole discrtion, to modify or change the name
of the Services.
16. Assignment.
16.1 CLEC may not assign this Agrement or any rights or
obligations hereunder without the poor wrtten consent of Qwest, which
conset will not be unreasonabl wihheld. Notithstanding the
fooing and subjec to poor credit review, submission of appropriatelegal docmentaon (including, but not limited to, any appropriate
Secretary of Stte or oter filings or documents specified by. Qwest)
and approval by Qwest of CLEC's proposed assignee, CLEC may
assign this Agreement without prior written consent of Qwest to any
Affliate, successor through merger, or acquirer of substantially all of its
assets; and Qwest may assign this Agreement without prior wrtten
consent to any Affiliate, successor through merger, or acquirer of
substntially all of it business assets; provided that in all cases the
assignee of CLEC or Qwest, as applicable, acknowledge in wrting its
assumption of the obligations of the assignor hereunder. Any
attempted assignmnt in violation heref is of no force or effect and is
void. Witout limiting the generalit of the foreoing, this Agreement
will be binding as to the Parties' respecve succsors and assigns.
16.2 In the event that Qwest trnsfers to any unaffliated part
exchanges, including End User Customers that CLEC serves in whole
or in part through Services provided by Qwest under this Agrement,
Qwest will ensure that the transferee serves as a succssor to and
fully perfors all of Qwests responsibilities and obligations under this
Agreement for a period of ninety (90) Days frm the effecive date of
such transfer or unti such later time as the FCC may direct pursuant to
the FCC's then applicable statutory authority to impose such
reponsibilities either as a condition of the trnsfer or under such other
state sttutory authority as may give it such power. In the event of
such a proposed trnsfer, Qwt will use its best effrt to facilitte
discussions between CLEC and the trnsferee with respect to the
transfere's asumption of Qwsts obligations after the transition
period set fort above in accance with the tenns and provisions ofthis Agreent.
.
17. Repoing Reguirements. If reporting obligations or
reuireen ar imposed upon either Part by any third part or
reulatory agency in conecton with this Agreement or the Services,including use of the Service by CLEC or its End Users, the other
Part agres to assist that Part in complyng with such obligations and
reuirement, as reasonably require by that Part.
18. SurvivaL. The expiration or termination of this Agrement
does not relieve either Part of those obligations that by their nature
are intended to survive. .
.
19. Confidentiality Nondisclosure.
19.1 Neither Part will, without the prior wrtten consent of the
other Part (a) issue any public announcement regarding, or make any
other disclosure of the tenns of, this Agreement or use the name or
marks of the other Part or it Affliates; or (b) disclose or use (except
as expressly pennitted by, or require to achieve the purpses of, this
Agreement) the Confidential Infonnation of the other Part. Consent
may only be given on behalf of a Part by its Legal Department.
However, a Part may disclose Confidential Infonnation if reuired 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 Part gives the non-disclosing
Part reasonable prior written notice and the receiving Part will
cooperate with the disclosing Part to seek or take appropriate
protectve measures and will make such discosure in a manner to best
protect the Confidential Infnnaton frm further disclosure.
Notthstanding the foregoing, if reporting or filing obligations or
requirements are imposed upon Qwest by any third part or reulatory
agency in connection wi this Agreement, CLEC agrees to assist
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ND=CDS-1 01 02S-0021; NM=CDS-1 01 028-0022; OR=CDS-1 01 028-0023; WA=CD8-101028-24; WY=CDS-1 01 028-0025QwestQLSPTM MSA-(v1Q-15-10) Page60f11 .
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. Qwst in complying with such obligations and requirements, as
reasonably required by Qwest and to hold Qwest harmless for any
failure by CLEC in this reard. Qwests compliance with any reulatory
filing obligation wil not constitue a violation of this sectin. Each Part
wil use reasonable effrt 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 receives 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 Informaton. Each Part has the right to
correct an inadvertent failure to identif information as Cofidential
Information by giving wrtten notification within thirt (30) Days after the
information is disclose. The receiving. Part wil 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 Confiential Information, whether wren,
graphic or otherwse, except that the reiving 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 connecion with this Agreement and in accrdance wit
Applicable Law. Neither Part will 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 wrting. 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 Effecive Date of this Section. Notwthstanding any other
provision of this Agreement, the Confiential Information provisions of
this Agreement apply to all information fumished by eiter Part to the
other in furtherance of the purpse of this Agreement, even if fumished
before the Effecve Date.
19.6 Each Part agrees that the disclosing Part could be
irrparaly injure by a breach of the confidentialit obligations of this
Agreement by the receiving Part or its representaties and that the
disclosing Part is entitled to seek equitable relief, including injunctve
relief and specifc perfrmance in the event of any breach of the
confidentiality provisions of this Agreement. Such remedies are not
the exclusive remedies for a brech of the confidentiality provisions of
this Agreement, but are in addition to all other remedies available at
law or in equit.
19.7 Noting herein should be constred as limiting either Parts
rights with respec to it own Confidential Information or its obligations
with repect to the other Parts Confidential Information under Secton
222 of the Act.
20. Waiver. Except as otherwse provided herein, neither
Parts failure to enforc any right or remedy available to it under this
Agreement will be constred as a waiver of such right or a waiver of
any other provision hereunder.
21. Regulatory Approval. Each Part reserves it rights with
respect to whether this Agreement is subject to Sections 251 and 252
of the Act. In the event the FCC, a state comission or any other
govemmental autority or agency reject or modifies any material
prvision in this Agreement, whether by direct action or by virte ofgeneric procedings, 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 Servce 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
furter agrees to provide any required notice to affected customers
within five (5) business days of such notice. If a Part is required by a
lawful, binding order to file this Agreement or a provision theref with
the FCC or stae reulatory 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 coperate to amend and make
modifications to this Agreement to allow the filing of this Agreement or
the specific part of this Agreement affeced by the order to the extent
reasonably neceary.
22. Notices. Any notices required by or conceming this
Agreement wil be in wrng and will be suffciently given if delivered
personally, delivered by prepaid ovemight express servce, sent byfacsimile with electronic confirmaton, or sent by certed mail, return
receipt requested, or by email where specified in this Agreent to
Qwest and CLEC at the addreses show on the cover sheet of this
Agreement. Notwthstnding anyting herein to the contrary, Qwet
may provide notice via email or by posting to Qwts website without
duplicate wrtten notifcaon for: (v) marketing notices; (w) notices
provided under Secton S; (x) rate change notice; or (y) notices
rearding changes in maintenance windows.
23. Force Maleure. Neither Part shall be liable fo any delay
or failure in performance of any part of this Agreement frm any cause
beyond its control and wihout its fault or negligence including, wiout
limittion, act of nature, act of civil or miltary authority, govemment
regulations, embargoes, epidemics, terrrist act, riots, insurrctions,
fires, explosions, earthquakes, nuclear accidents, floos, workstoppages, powr blackout, volcanic action, other major
environmental disturbances, or unusually severe weather coditions
(each, a Force Majeure Event). Inabilty to secure prouct or servicesof other Persons or transportation facilites or act or omissions of
transporttion carrers shall be considered Forc Majeure Events to
the extent any delay or failure in performance caused by these
circmstnces is beyond the Part's contr and without that Parts
fault or negligence. The Part affcted by a Forc Majeure Event shall
give prompt notice to the other Part, shall be excused frm
performance of it obligations hereunder on a day to day basis to the
extent those obligations are prevented by the Force Majeure Event,
and shall use resonable efort to remove or mitigate the Forc
Majeure Event. In the event of a labor dispute or strike the Parties
agre to provide service to each other at a level equivalent to the levelthey provide themselves.
24. Governing Law. Colorado state law, without regard to
choice-of-Iaw principles, governs all matters ariing out of, or relatng
to, this Agrement.
25. Dispute Resolution.
25.1 The Parties will attempt in goo 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 cours of business.
Each Part will, wihin seven (7) Days after delivery of the wrtten
notice of dispute, designate a vice-president level employee or a
repreentative with authori to make comitments to review, meet,
and negotiate, in good faith, to reolve the dispute. The Part intend
that these negotiations be conducted by non-lawer, business
representatives, and the loctions, format, frequency, duration, and
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conclusions of these discussions will be at the discreion of the
representatives. By mutual agreement, the representatives may use
other procedures to assist in these negotiations. The discussions and
correspondence among the representatives for the purpses of these
negotiations wil be trated as Confidential Infonnation developed for
purposes of settlement, and will be exempt frm 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 reached a
resolution of the dispute within fifteen (15) Days after the written notice
(or such longer period as agreed to in wring by the Partes), then
either Part may commence a civil acton. Any action wil be brought in
the United States Distrct Court for the District of Colorado if it has
subject mater jurisdiction over the acton, and shall otherwse be
brought in the Denver District Court for the State of Coorado. The
Parties agree that such court have persnal jurisdicton over them.
25.3 Waiver of Jury Trial and Class Action. Each Part, to the
extent pennitted by law, knowingly, voluntarily, and intentionally waives
its right to a tral 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, arising
out of, or relating to this Agreement, may be brought by either Part
more than two (2) years after the cause of acton arises.
26. Headinas. The headings used in this Agreent are for
convenience only and do not in any way limit or otherwse affect the
meaning of any tenns of this Agrement.
27. Authorizaion. Each Part represents and warrnts that:
A. the full legal name of the legal enti intended to provide and
receive the benefits and Services under this Agrement is
accurately set forth herein;
B. the person signing this Agreent has been duly authorized
to execute this Agreement on that Parts behalf;
C. the execution hereof is not in conflict with law, the tenns of
any charter, bylaw, articles of association, or any agrement to
which such Part is bound or affeced; and
D. each Part may act in reliance upon any instruction,
instrument, or signature reasonably believed by it to be authorized
and genuine.
28. Third Part Beneficiaries. The tenns, representations,
warrnties and agreements of the Partes set fort in this Agreement
are not intended for, nor will 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+XIII with respect to liabilty arising from its operations for which
that Part has assumed legal responsibilty in this Agreement. If a
Part or it parent company has assets equal to or exceding
$10,000,000,000, that Part may utilize an Affliate captive insurance
company in lieu of a "Bests" rated insurer. To the extent that the
parent company of a Part is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be reponsible for the insurace
obligations contained in this Section, to the extent its affliated Part
fails to meet such obligations.
29.1 Workers' Compensation with statutory limits as reuired in
the state of operation and Employers' Liabilty insurance with limits of
not less than $100,000 each accdent..
29.2 Commercial General Liabilty insurance covering claims for
bodily injury, death, personal injury or propert damage, including
coverage for independent contrctor's protection (require if any work
will be subcontracted), prouct and/or completed operations and
contractual liabilty wi repect to the liabilty assumed by each Part
hereunder. The limit of insurance shall not be less than $1,000,000
each occurrnce and $2,000,000 general aggregate limit.
29.3 "All Risk" Propert coverage on a full replacement cost 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
certificate(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 insured under
commercial general liabilty coverage;
B. indicate that coverage is primary and not excess of, or
contbutory with, any other valid and collectible insurance
purchase by such Part; and
C. acknowledge severabilit of interet/cros liabilty coverage.
30. Communicaions Assistnce Law Enforcement Act of
1994. Each Part repreent and warrants that any equipment,
facilties or Services provided to the other Part under this Agreement
copl with the CALEA. Each Part will indemnify and hold the other
Part hannles frm any and all penalties imposed upon the other
Part for such noncompliance and will at the non-compliant Parts .
sole cost and expense, modify or replace any equipment, facilities or
Servces provided to the other Part under this Agreement to ensure
that such equipment, facilities and Servces fully comply with CALEA.
31. Entire Aareement. This Agreement (including all
Attchments, Rate Sheets, and other documents referrd to herein)
constitues the full and entire understanding and agreement betwen
the Parties with reard to the subject of this Agreement and
supersedes any prior understandings, agreements, or reresentations
by or been the Parties, wrtten or oral, including but not limited to,any teo sheet or memorandum of understanding entere into by the
Pares, to the extent they relate in any way to the subjects of this
Agrent. Notwthstnding the foreoing, certin elements used in
cobination wi the Service provided under this Agreement are
provided by Qwest to CLEC under the tenns and conditions of its
intercnnecion agreement, and nothing contained herein is intended
by the Parties to amend, alter, or otherwse modif those tenns and
conditions.
32. Proof of Authorization.
32.1 Each Part Shall be reponsible for obtaining and
maintaining Proof of Authorition (POA), as reuired by applicable
federal and state law, as amended fr time to time.
32.2 Each Part will make POAs available to the other Part upon
reuest. In the event of an allegation of an unauthorized change orunauthorized service in accrdance with Applicable Law, the Part
charged with the alleged infrction shall be responsible for reMng
such claim, and it shall indemnify and hold harmless the other Part for
any losses, damages, penalties, or other claims in connection with the
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. alleged unauthorized change or servce.
33. General Terms.
33.1 Qwst will provide general repair and maintenance service
on its facilities, including those facilties supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Qwest.
33.5. Individual Case Basis Requests. CLEC may reuest
additional Servces not specifed in this Agrement and Qwest wil
consider such requests on an Individual Case Basis.
33.6. Responsibilty For Environmental Contamination.
33.2 In order to maintain and modemize the netwrk properly,
Owest may make necessary modifcations and changes to its netwrk
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Network maintenance and modemization
activiies will result in transmission parameters that are within
transmission limits of the Service ordered by CLEC. Qwest wil provide
advance notice of changes that affct netwrk Interoperability pursuant
to applicable FCC rules.
A. Neither Part shall be liable to the other fOr any costs
whatsoever resulting frm the presence or release of any
Environmental Hazard that either Part did not intrduce to the
afeced work location. Each Part shall defend and hold
hannless the other Part and its respecive offcers, directors and
employees frm and against any losses, damages, claims,
demands, suits, liabilities, fines, penalts and expnses
(including reasonable attomeys' fees) that arise out of or result
from:
1. any Enviromental Hazrd that the Indemni~ng Part,
its contractors or agents introuce to the work locations; or
33.3 Netwrk Secunt.
A. Protection of Servce and Propert. Each Part will exercise
the same degree of care to prevent hann or damage to the other
Part and any third partes, its employees, agents or End User
Customers, or their propert as it employs to protect its own
employees, agents, End User Customers and propert, , but in no
case less than a comercally reasonable degree of care.
2. the presence or release of any Environmental Hazard
fOr which the Indemnifng Part is responsible under
Applicable Law.
.
B. Each Part is responsible to provide securi and privacy of
comunications. This entails protecting the confidential nature of
Telecmmunications 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
repreentative discose the nature of over1eard conversations, or
who partcipated in such communications or even that such
comunication has taken place. Violation of such security may
entail state and federal crminal penalties, as well as civil
penaltes. CLEC is responsible for covering its employee on
such security requirements and penalties.
B. In the event any suspect materials within Qwst-owned,
opeated or leased facilties are identied to CLEC by Qwest to be
asbestos containing, CLEC will ensure that to the extent any
actvities which it undertkes in the facilty disturb such suspec
materials, such CLEC activities will be in accrdance with
Applicable Law, including without limitation, applicable local, state
and federal enviromental and health and safety statuts and
regulations. Except fOr abatement activities undertaken by CLEC
or equipment placement activities that result in the generation of
asbestos-cntaining material, CLEC does not have any
responsibilty for managing, nor is it ~e owner of, nor does it ~~ve
any liabilit fOr, or in connection ~h, any ~sbestos-cntining
materil. Qwest agrees to immediately notify CLEC if Qwest
undertkes any asbestos control or asbestos abatement activities
that potentially could af CLEC personnel, equipment or
operations, including, but not limited to, cotaminaton of
equipment.
C. The Parties' netwrks are part of the national security
n.etwrk, and as such, are protected by feeral law. Deliberate
sabotage or disablement of any portion of the underlying
equipment use to provide the netwrk is a violation of federal
states 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 losse, damages or othr
claims, including, but not limited to, uncollecible or un bilable
revenues, resulting from accidental, errneous, malicious,
fraudulent or otherwse unauthorized use of Servce or facilties
('Unautorized Use"), whether or not such Unauthorized Use
could have been reasonably prvented by Qwest, except to the
extent Qwest has been notified in advance by CLEC of the
existence of such Unauthoried Use, and fails to take
comercally reasonable steps to assist in stopping or preventing
such activity.
33.4. Constction. Qwest wil provide necessary constrction
only to the extent required by Applicable Law.
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ND=CDS-101028-Q021; NM=CDS-101028-022; OR=CDS-101028-0023; WA=CDS-101028-024; WY=CDS-10102S-Q025Qwest QLSpTM MSA - (v1 0-15-1 0) Page 9 of 11
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QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. se.), as
amended.
"Advanced Intellgent Network" or "AIN" is a Telecommunications network
architecture in which call processing, call routing and netwrk management
are provided by means of centralized databases.
"Affliate" means a Person that (directly or indirectly) owns or controls, is
owned or contrlled by, or is under common ownership or control with,
another person. For purpses of this paragraph, the term 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 percnt.
"Automatic Location Identification" or "AU" 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 notlimited to, the Act, the regulations, rules, and final orders of the FCC, a
stte reulatory authori, and any final orders and decisions of a court of
copetent jurisdicton 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 identifed on
the bill.
"Billng" involves the provision of appropriate usage data by one
Telecommunications Carrer to anoter to faciltate Customer Biling with
attndant acknowledgments and status report. It also involves the
exchange of information between Telecommunications Carrers to pross
claims and adjustments.
"Carrer" or "Common Carrer" See Telecommunications Carrer.
"Central Ofce" means a building or a space within a building where
transmission facilties or circuit are connected or swiched.
"Commercal Mobile Radio Service" or "CMRS" is defined in 47 U.S.C.
Section 332 and FCC rules and orders interpreting that statute.
"Communications Assistance for Law Enforcement Acf' or "CALEA" refers
to the duties and obligations of Carrers under Section 229 ofthe 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 Part;
and/or (b) is of such a nature that the receiving Part should reasonably
understand that the disclosing Part desires to protec such information
against unrestricted disclosure. Confidential Information will not include
information that is in the public domain through no brech of this
Agrement by the receiving Part or is already known or is independently
developed by the receiving Part.
"Customer" means the Person purchasing a Telecommunications Service
or an information service or both frm a Carrer.
"Day" means calendar days unless otherwse specified.
"Demarcaon Point" is defined as the point at which the LEC cese to
own or control Customer Premises wiring including without limitation inside
wiring.
"Directory Assistance Database" contains only those published and non.
listed telephone number listings obtained by Qwest from its own End Use
Customers and other Telecmunications Carrers.
"Directory Asistance Serice" includes, but is not limited to, making
available to callers, upon reuest, information contained in the Directory
Asistanc 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 Customet' means a third part retail Customer that subscribes
to a Telecommunications Service provided by either of the Partes or by
another Carrer or by tw (2) or more Carrers.
"Environmental Hazrd" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, copensation, fine or penalty under any Applicable Law
(including, wiout limitation, the Comprehensive Environmental ResponseCompensaon and Liabilty Act, Superfund Amendment and
Reauthorzation Act, Resourc Conservation Recovery Act, the
Occupational Safety and Health Act and provisions with similar purposes in
applicable foreign, state and locl jurisdictions) or (ii) poes risks to human
health, safety or the environment (including, without limittion, indoor,
outdoor or orbital space environments) and is regulated under any
Applicable Law.
"FCC" means the Federal Communications Commission.
"Interxchange Carrer" or "IXC" means a Carrier that provides InterLATA
or IntraLATA Toll servce.
"Line Information Database" or "UDB" stores various telephone lin.
numbers and Special Billng Number (SBN) data used by operator service
systems to process and bil A1temately Biled Services (ABS) calls. The
opertor seces sysem accsses UDB data to provide originating line
(calling number), Billng number and terminating line (called number)infortion. UDB is used for callng card validation, fraud prevention,
Billng or servce restrictions and the sub-account information to be
included on the call's Billng record. Telcordia's GR-446-CORE defines the
interface beteen the administration system and UDB including specific
message formats (Telcoia's TR-NWP-00OO29, Secton 10).
"Line Side" refers to End Ofce Switch connections that have been
prorammed to treat the circuit as a local line connected to a terminating
ston (e.g., an End User Customets telephone station set, a PBX,
answring machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carrer" or "LEC" means any Carrer that is engaged in
the proision of Telephone Exchange Service or Exchange Accss. Such
te does not include a Carrer insofar as such Carrer is engaged in the
provision of Commercal Mobile Radio Service under Section 332(c) of the
Act, except to the extent that the FCC finds that such servce should be
included in the defnition of such term.
"Loop" or "Unbundled Loop" is defined as a trnsmission facilit betwen a
distribution frme (or its equivalent) in a Qwest Central Offce and the Loop
Demarction Point at an End User Customets Premises
"Locl Service Request or "LSR" means the industr standard forms and
supportng docmentation used for ordering local servces.
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101028-0021; NM=CDS-1 01 028-0022; OR=CDS-1 01 028-0023; WA=CDS-1 01 028-0024; WY=CDS.1 01 028-0025Qwest QLSplM MSA- (v10-15-10) Page 10 of 11 .
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QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
.'sceii~neous Charges" i:ean charges that Qwest may assess in addition
cumng and nonrecumng rates set forth in the Rate Sheet, for activites
EC reuests Qwest to perorm, activities CLEC authorizes, or charges
that. .are a result of ~LEC's actions, such as cancellation charges,
~dditinal .Iabor and mainten~nce. Miscellaneous Charges are not already
included in Qwests recumng or nonrecurrng rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Netwrk Element" is a facilty 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 facilty or equipment, including subscriber numbers databases
signaling systems, and information suffcient for Billng and' collecon o~used in the transmission, routing, or other provision of a
Telecommunications Service or an information service or both, as is more
fully described in this Agreement.
"Operational Support Systems" or "OSS" mean pre-ordering, Provisioningmaintenance, repair and billng systems. '
.Order Form" means service order reuest forms issued by Owest asamended frm time to time. '
"Persn" is a general term meaning an individual or association
corporation, firm, joint-stock copany, organizaion, partnership, trst o~
any other form or kind of enti.
"Port" means a line or trnk connection point, including a line card and
associated peripheral equipment, on a Centrl Ofce Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilities connected to the Centrl Offce Switch. Each
Line Side Port is tyically associated with one or more telephone numbers
that serve as the Custoer's netwrk addres.
A.mises" refers to Qwests Centrl Offce and Serving Wire Centers' all
~ings or similar strctures owned, leased, or oterwse controlled' by
Qwst that house its network facilities; all structures that house Qwst
facilties on public rights-o-way, including but not limited to vaults
containing Loop concentators or similar structures; and all land owned,
leased, or otherwe contrlled by Owest that is adjacent to these Centl
Offce, Wire Centers, buildings and structures.
"Pro of Authorization" or "POA" shall consist of verification of the End
User Customer's selecton and authorition adequate to document the
End User Customer's. selection of its locl servce provider and may take
the form of a third part verificaon format.
"Provisioning" involves the exchange of information betwn
Telecommunications Carrers where one executes a request for a set of
prouct and servces frm the other with attendant acknowledgments and
status reports.
"Public Swtched Netwrk includes all Switches and transmission facilities,
whether by wire or ra~io, provided by any Common Carrer including LECs,
IXCs and CMRS providers that use the North American Numbering Plan in
connecton wih the provision of switched services.
"Servng Wire Center" denotes the Wire Center from which dial tone for
local exchange servce wold normally be provided to a partcular
Customer Premises.
Accss Tandem Switches), and betwen Tandem Switches within the
Local Callng Area, as described more fully in this Agreement.
"Switch" means a switching device employed by a Carrier within the Public
Switched Network. Switch includes but is not limite to End Offce
Switches, Tandem Switches, Accss Tandem Switches, Remote Swtching
Modules, and Packet Switches. Switches may be employed as a
combination of End Offceandem Switches.
"Switched Accss Traffc," as specifically defined in Qwsts interstate
Switched Accss Tariff, is trffc that originates at one of the Parts End
User Customers and terminates at an IXC Pòint of Presence, or originates
at an IXC Point of Presence and terminates at one of the Parts End User
Customers, whether or not the traffc transits the other Part's netrk.
"Tariff as used throughout this Agrement refers to Qwet interstate
Tariff and state Tariff, price lists, and price schedules.
"Telecommunications Carrer" means any provider of Telecommunications
Servces, except that such term does not include aggreators of
Telecommunications Services (as defined in Section 226 of the Ac). A
Telecommunications Carrer shall be treated as a Common Carrer under
the Act only to the extent that it is engaged in providing
Telecommunications Service, excpt that the FCC shall determine
whether the provision of fied and mobile satellte servce shall be treated
as common carrage.
"Telecommunications Services" means the offering of telecounications
for a fee direy to the public, or to such classs of users as to be
effectely available direy to the public, reardless of the faciltis used.
"Telephone Exchange Serice" means a Service within a telephone
exchange, or within a conneced sysem of telephone exchanges within thsame exchange are operated to fumish to End User Custmers
intercommunicating Servce of the character orinarily fumishe by a single
exchange, and which is cover by the exchange Service charge, or
comparable Servce provided throgh a system of Swites, trnsmission
equipment or other facilties (or cobinations theref) by which a
subscriber can orginate and terminate a Telecmmunications Servic.
"Trunk Side" refers to Switch conections that have been prorammed to
treat the circuit as connected to another swiching entity.
"Wire Center" denotes a building or space within a building that serves as
an aggreation point on a given Carrer's netwrk, where trnsmission
facilities are connectd or swiched. Wire Center can also denote a
building where one or more Centrl Offces. used for the provision of basic
exchange Telecmunicatins Service and accs Service, are locted.
Terms not otherwse defined here but defined in the Act and th orders and
the rules implementing the Ac or elswhere in this Agreement, shall have
the meaning defined there. The definition of term that are include here
and are also defined in the Act, or its implementng order or rules, are
intended to include the defnition as set fort in the Act and the rules
implementng the Ac.
"Shared Transport is defined as local interoffce trnsmission facilties
share by more. than one carrer, including Qwest, between End Ofce
Switches, between End Ofce Switches and Tandem Switches (local and
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.1.
.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
Qwest will provide Qwest Local Serices Platform~
("QLS~) Services accrding to the terms and conditionsset fort in the QLSP Agreement between the Parties (the
"Agreement") and in this Attachment 2 to the Agreement,
which is incorporated into and made a part of the Agreement
(this "Attchmenl). Except as otherwse set fort in thisAttchment, capitalized terms used but not otherwse
defined herein have the definitions assigned to them in the
Agreement. CLEC may use QLSP Services to provide any
Telecommunications Services, information services (or both)
that CLEC chooses to offer to the extent that such services
are granted herein or not limited hereby.
1.2.1 Pursuant to the order issued by the FCC
pertining to the availabilty of Unbundled Netwrk Element
rUNE") Loops under Section 251(c)(3) of the Act in itsReport and Order-Petition of Qwest Corpration for
Forbearance Pursuant to 47 U.S.C. § 160(0) in the Omaha
Metropoitan Statistica/ Area, FCC 05-170, WC Docket No.
04-223, (effve September 16, 2005), Qwest will provide
to CLEC the Loop element of QLSP Services purchased in
the followng nine Omaha Nebraska Wire Centers under the
terms and conditins of the Agrement and this Attchment
at Rates provided in the Rate Sheet: Omaha Douglas;
Omaha Izard Street; Omaha 90th Street; Omaha Fort Street;
Omaha Fower Stret; Omaha 0 Street; Omaha 7Sth Street;
Omaha 135th Strt; and Omaha 156th Street.
1.2.2 The following QLSP Servce tys will be
combined with 2-wre loops: QLSP Business; QLSP centrx
(including Centrex 21); Centrx Plus; Centron 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 cosist of Locl Switching and
Shared Transport in combination. Qwst Advanced
Intellgent Netwrk ("AIN") Services, e.g., reote accs
forwarding, and Qwest Voice Messaging Services ("VMS")
may also be purchased with compatible QLSP Services.
These Netwrk Elements will be provided in compliance with
all Telcordia and oter indust standards and technical and
performance specifications to allow CLEC to cobine the
QLSP Service with a compatible voicemail prouct and
stutter dial tone. Qwst will provide access to 911
emergenc service and directory listings in accordance with
the terms and conditions of CLEC's interconnecon
agrements ("ICAs"), excpt that the business end user rate
in the applicable tariff applies to all end user premium and
privacy directry listings (with the exception 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 the QLSP Service, Qwest combines the Netwrk
Elements that make up QLSP Service with analog/digital
capable Loops, with suc Loops (including services such as
line splitting) being provided in accrdance with the rates,
terms and conditions of the CLEC's ICAs. CLEC may also
purchase Qwest Commercial High Speed Intemet (HSI)
Servce (also know as Qwest Digitl Subscriber Lin~
(DSL)), under a separate Services agreement, to be used
with compatible QLSP Service.
1.2.3 QLSP PBX Analog 2-Way DID Trunks will be
combined with 4 wire loops.
1.3 Local Switching. The Local Swtching Netwrk Element
("Local Swiching") is collecvely the Line Side and TrunkSide facilties in the local serving Qwest end ofce Switch
which provides the basic switching functon, the po, plus
the featres, functons, and capabilties of the swich
including all compatible, available, and loaded vertical
features (e.g., anonymous call rejection) that are loaded in
that swich. Vertcal features are softare attributes on end
offce Switches and are listed on the Qwest wholesale
website. Qwest signaling is provided with Local Switching
solely as described in Secton 1.4.2 of this Attchment. The
following Local Swiching port are available with QLSP
Service: Analog Line Port, Digital Line Port Supporting
Basic Rate InterceIntegrated Servces Digital Netwrk
("BRI ISDN"), and Analog Trunk Port.
1.3.1 Analog Line Port Line Port attributes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detecton; audible and power ringing;
Automatic Message Accunting (AMA Recoing); and
blocking options.
1.1.2 QLSP Servce is available in six different service
arrangements, each of which is described more fully below.
QLSP Residential; QLSP Business; QLSP Centrex
(including centrex 21, Centrex Plus and, in Minnesota only,Centrn); QLSP ISDN BRI; QLSP Public Acss Lines
("PAL"); QLSP PBX Analog DID and non-DID (one way andtw way) trunks.
1.3.2 Digital Line Port Supporting BRI ISDN. BRI ISDN
is a digital architre that provides integrated voice and
data capabilty (2 wire). A BRIISDN Port is a Digital2B+D
(2 Bearer Channels for voice or dat and 1 Delt Channel forsignaling and 0 Channel Packet) Line Side Swich
connecton wi BRI ISDN voice and data basic element.
For flexibilty and customization, optinål features can be
added. SRI ISDN Port does not offer B Channel Packet
service capabilities. The serving arrngement conforms to
the intemationally develope, published, and recognized
standards generated by Intemational Telegraph and
Telephone Union (formerly CCITT.
1.1.3 Nothing in this Attchment or. the Agrementprecludes Qwst frm withdrawing availabilty of
comparable, functionally equivalent services frm it retail
end user customers. In the event of such withdrawal or
discontinuation, Qwest may also withdraw availabilty of the
equivalent QLSP Service.
1.2 Combination of QLSP Service with Loops. Except as
described below, the Loop will be provided by Qwest under
the applicable ICAs in effec betwen Qwest and CLEC at
the time the order is placed. As part of the QLSP Servce,
Qwest will combine the Local Switching 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 connections. This Trunk Side connecton
inherently includes hunting within the trunk group.
1.3.3 Analog Trunk Port. DSO analog trnk Port can be
configured as DID, DOD, and twway.
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Attchment 2 - QLSP~ - (v8-2Q-10)
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QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Offce. For 2-Wire service, the trnks are
converted at the End User Customets location.
rerd; and callng card, biled to third number, and collect
call infonnation used in processing Alternately Biled
Services (ABS).
.
1.3.3.3. Two-way analog DID trunks are capable of
initiating out going calls, and may be equippe with
either rotary or touch-tone (DTMF) for this purp.
When the trnk is equipped with DID call trnsfer
feature, both the trunk and telephone instrments
must be equipped with 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 current listed
name data by working telephone number served or
administere by Qwest, including listed name data provided
by oter Telecommunications carrers partcipating in
Qwsts callng name delivery service arrngement.1.3.3.4 Two-way analog DID trnks require E&M
signaling. Qwest wil use Type land II E&M
signaling to provide these trunks to the PBX. Type II
E&M signaling fro Qwest 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 Qwests database and the
delivery is not blocked or otherwse limited by the calling
part or other appropriate request).
1.3.4 Usage. Local Switching Usage is billed on a
Minute of USé ("MOU" basis as descnbed within this
Attchment. Rates for 'Locl Switch Usage" or 'Local
Swich 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 infonnation into the LIDS and ICNAM databases frm
CLEC's completed servce orders. CLEC is responsible for
the accuracy of it End User Customers' infonnation.1.4 Vertical Features and Ancilary Functions and Servces.
1.4.1 QLSP Service includes nondiscnminatory accss to
all vertical features that are loaded in the Local serving
Qwest end offce switch.
1.4.8 Qwst wil exercise reasonable effort to provide
accurate and complete L1DB and ICNAM infonnation. The
infonnation is provided on an as-is basis with all faults.
Qwst does not warrnt or guarantee the corrctness or the
completeness of such information; however, Qwest will
accs the same database for CLEC's QLSP End User
Customers as Qwest accsses for its own End User
Customers. Qwest will not be liable for system outage or
inaccibilty or for losses ansing frm the autonzed use of .
the data by CLEC.
1.4.2 Local Swiching includes use of Qwests signaling
netwrk (ISUP call set-up) solely for Local Traffc. "Locl
Traffc" and "Local Calls" means calls that onginate and
terminate within the Local Callng Area as defined in the
Qwest tanff. Qwest will provide servce contrl points in the
same manner, and via the same signaling links, as Qwest
uses such servce contrl points and signaling links to
provide service to its End User Customers served by that
swtch. Qwests call related databases include the Une
Informatin Database (L1DB), Internetwrk callng Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portbilty Database. CLEC
will not have acces to Qwests AIN-based servces that
qualify fo propnetary treatment, except as expressly
provided for in the Agreement or this Attchment. Local
Switching does not include use of Qwests signaling netwrk
for Toll Traffc. "Toll Traffc" and "Toll Calls" means intr local
access and transport area ("LATA") or interLTA calls that
onginate and terminate outside of the Locl callng Area as
defined in the Qwest tarff. For all Toll Traffc onginated by
or terminated to CLEC's QLSP End User Customer, Qwest
may bil applicable tanff charges, including SS7 message
charges (ISDN User Part (iS UP) and Transaction
Capabilties Application Part (TCAP)), to the Interexchange
Carrier (IXC) or other wholesale SS7 provider.
1.4.9 Qwest wil not charge CLEC for the storage of
CLEC's QLSP End User Customers' information in the L1DB
or ICNAM datbases.
1.5 Shared Transport and Toll.
1.4.3 ICNAM and L1DB. CLEC will have non-
discnminatory accss to Qwsts L1DB database and ICNAM
database as part of the delivery of QLSP Service.
1.5.1 Shared Transport. The Shared Transport
Netwrk Element ("Share Transport) provides the
collecive interoffce transmission facilities shared by vanous
Carrers (including Qwest) betwn end-offce switches and
between end-offce switches and locl tandem swiches
within the Local calling Ara. Shared Transport use the
existing roting tables resident in Qwst switches to cany
the End User Customets onginating and terminating
10caVextended area service interoffce Local trffc on the
Qwest interoffce message trunk netwrk. . CLEC traffc wil
be carred on the same transmission facilties betwn end-
offce switches, between end-offce switches and tandem
switches and between tandem switches on the same
netwrk facilities that Qwes uses for its own trffc. Shared
Transport does not include use of tandem swiches or
transport betn tandem switches and end-offce switches
for Local Calls that onginate frm end users served by non-
Qwe Telecommunicans Carrers ("carrer(s)" which
terminate to QLSP End Users.1.4.4 The L1DB database contains the following data:
vanous telephone line numbers and special biling number
(SBN) data; onginating line (calling number); billng number
and terminating line (called number) infonnation; callng card
validation; frud prevention; Billng or servce restnctions;
sub-accunt information to be included on the call's Billng
1.5.2 Onginating Toll Calls frm, and terminating Toll
calls to, QLSP End Users will be delivere tolfm the
designated IXCs frm the Qwest end-offce switches and
accs tandems.. Use of accss tandem switces are not
Oct 28, 2010/caclPnme Time Ventures .
AZ=CDS-101028-0015; CO=CDS-101028-0016; IA=CDS-101028-O17; ID=CDS-101028-0018; MN=CDS-101028-o019; MT=CDS-101028-0020;
ND=CDS-101028-o021; NM=CDS-101028-0022; OR=CDS-101028-0023; WA=CDS-101028-0024; WY=CDS-101028-o025Attchment 2 - QLSP~ - (v8-2Q-10) 2
OocuSign Envelope 10: 6AE50S05-9F40-4FBC-A74D-9BE9506D3CDD
QWEST LOCAL SER~CES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description.
1.5.3 IntraLATA and InterLATA Carrier Designation.
QLSP includes the capabilty for selection of the interLTA
and intraLATA Toll provider(s) on a 2-Primary Interexchange
Carrer (PIC) basis. CLEC wil designate the PiC
assignment(s) on behalf of its End User Customers for
interLATA and intra LATA Services. All CLEC initiated PiC
changes wil be in accordance with all Applicable Laws, rules
and regulations. Qwest wil not be liable for CLEC's
improper PIC change reuests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Qwest does not
authorize CLEC to offer, request, or select Qwest LPIC 5123
service to CLEC's End User Customers for intraLATA toll
servce with any QLSP Servce in any state. In the event
CLEC assigns the Qwst LPIC 5123 to CLEC's End User
Customers, Owest will bil CLEC and CLEC will pay Qwestthe rates contained or referenced in the attched Rate
Sheet.
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.
included in the Agreement or this Attchment and access
tandem charges, if any, may be billed by Qwest to the IXC(s)
under the applicable access tari.
1.6.5 QLSP PBX is available to CLEC for CLEC's
business End User Customers.
1.6.5.1 PBX analog non-DID trunks are combinations
of an analog Line Side Port and Shared Transport
provided under the 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 Agreement.
1.6.5.2 PBX with analog 1-way 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, excpt for those Loops that are otherse
provided for in the Agreement.
1.5.5 Usage. Shared Transport is billed on a MOU
basis as described 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 Agrement with an Analog - 4 wire
voice grade Loop provided in accoance with CLEC's
ICAs, except 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 Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accrdance with CLEC's ICAs, except for those
Loops that are otherwse provided fo in the Agreement.
1.6.6 QLSP Residential is available to CLEC for CLEC's
residential End User Custers and is the combinatin 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 ICA, except as
otherwse provided for in the Agreement. QLSP Residential
may be ordere and provisioned only for residential End
User Customer application. The definiton of reidential
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 Centrx Servce
include Centrx 21, Centrex Plus and, in Minnesota only,
Centrn, and are the cobination 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, excpt for those Loops that
are otherwse provided for in the Agreement.
1.6.2.1 CLEC may request a converion fr Centrex
21, Centrex-Plus or Centron servce to QLSP Business 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 identify
residential end users by workng telephone number
(WN) utilizing the LSR process as descrbed in theQwst wholesale website.
2.0 Additional Terms and Conditions and Service Features.
2.1 Qwest does not warrnt the availabilty of facilities at any
serving wire center. QLSP Servces will not be available if
facilties are not available. Qwst repreents and warrants
that it will not otherwse restrct facilities eligible to provide
QLSP Servce and that any and all facilities that would
otherwse be available for retail service to a Qwst End User
Customer will be considered eligible fo use by CLEC for
QLSP Service to serve that same End User Customer.
1.6.2.2 Qwst will provide access to Customer
Management System (CMS) with QLSP-Cntrex at the
rates set fort in the Rate Sheet.
1.6.3 QLSP ISDN BRI is available to CLEC for CLEC's
End User Customers and is the combinaton of a Digital Line
Side Port (supportng BRI ISDN), and Shared Transport
provided under the Agreement with a Basic Rate ISDN-
capable Loop provided in accordance with CLEC's ICAs,
except for those Loops that are otherwse provided for in the
Agreement.
2.2 Loop Start C"LPS") to Ground Start C"GST") and GST to
LST Changes C"LPS/GST Change") are available wih
QLSP Servces. POTS Servce (e.g., a QLSP Centrex 21
line) can functonally and operatinally be prvisioned as
either LPS or GST. Unless specifcally requested otherwse,
Owest provisions POTS Servce as LPS. GST is generally1.6.4 QLSP PAL is available to CLEC for only CLEC's
Payphone Service Providers (PSPs) and is the cobination
. Oct 28, 201 O/cacJrime Time Ventures
AZ=CDS-101028-0015; CO=CDS-10102S-Q16; IA=CDS-101028-Q17; ID=CDS-101028-0018; MN=CDS-101028-D019; MT=CDS-101028-020;
ND=CDS-101 028-0021; NM=CDS-101028-022; OR=CDS-1 01 028-0023; WA=CDS-101028-Q24; WY=CDS-101028-025Attchment 2 - QLSP~ - (v8-2Q-10) 3
DocuSign Envelope 10: 6AE50805-9F40-4FBC-A74D-9BE9506D3CDD
QWEST LOCAL SERVICES PLATFORM(l AGREEMENT
ATTACHMENT 2-QLSP(l Service Description
provisioned for Priate Branch Exchange ("PBX") tye
services. LPS/GST Changes allow the CLEC to request a
facilty served by LPS to be changed to GST or vice versa.
Additional information and ordering requirements are
detailed on the Qwest Wholesale website.
2.3
2.2.1 The Subsequent Order Charge provided in the
QLSP Rate Sheet and the Qwest retail Tari nonrecurrng
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, will be added to service orders
reuesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwst will provide to CLEC
certin originating and terminatng call res ("usage
information") generated by CLEC's QLSP end user via a
DUF.
3.3
2.7 If Qwest develops and deploys new local switch features for .
it End User Customers, those switch features wil be
available with QLSP Service in the same areas and subject
to the same limitations. The rates that Qwest charges for
such new local switch features will not in any case be higher
than the retail rate Qwest charges for such features.
2.3.1 Qwest will provide to CLEC Local Call usage
information within Qwests control with respect to calls
originated by or terminated to CLEC QLSP End User
Customers in the form of the actual information that is
comparable to the information Qwest uses to bil its own End
User Customers.
2.3.2 Qwest will provide to CLEC usage information
necessary for CLEC to bil for interLTA and intraLATA
exchange accss to the IXC (excluding intraLATA usage
information if Qwest LPIC 5123 is selecd as the intra LATA
Toll provider) in the form of eiter the actal usage or a
negotiated or approved surrate for this information, as
such biling is described and allowe under sectn 3.7 of
this Attchment. These exchange acc records will be
provided as Category 11 EMI res via the DUF.
2.3.3 Qwst will provide DUF records for the following:
all usage occurrnces billable to CLEC's QLSP lines,
including Busy Line Veri (BLV), Busy Line Intemipt (BLI);
originating local usage; usage sensitie CLASS feature;
and Qwest-provided intra TA tolL.
2.3.4 Local Call usage rerds will be provided as
Category 01 or Category 10 EMI records via the DUF.
Terminating Locl Call usage rerds are not colleced or
available and will not be provided.
2.4 Feature and interLATA or intrLATA PIC change or
additions for QLSP, will be proceed concurrntly with the
QLSP order as specified by CLEC.
2.8 Nothing in the Agreement alters or affects CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
2.5 Accss to 9111E911 emergency Services for CLEC's End
User Customers will be available in accordance with CLEC's
ICAs. If Qwest is no longer obligated to provide access to
911/E911 emergency service in accordance with 47 U.S.C.
§251 , Qwest will then provide such services under the
Agreement with respect to all CLEC QLSP Service End User
Customers and new QLSP Service End User Customers, to
the same degree and extent that 9111E911 emergency
services were provided by Qwest prior to the elimination of
911/E911 emergency services as an obligation under 47
U.S.C. §251.
2.9 Qwst Operator Services and Directory Asistance Services
are provided under the terms and conditions of CLEC's
ICAs.
2.6 Qwest AIN and VMS are offered on a commercial basis and
may be purchased with QLSP at the rates set forth in the
attached Rate Sheet. Retail promotions may not be
combined with QLSP.
3.0 Rate and Charges.
The recurrng ("MRC") and NRC rates for QLSP Services
and all associated QLSP applicable usage-based rates and
miscellaneous charges are set fort or incorporated by
reference into the attached QLSP Rate Sheets. Rates for
QLSP Services are in addition to the applicable rates for
element and Service provided under CLEC's ICAs.
Applicable intercrrer compensation rates and charges
(such as accs charges, reciprocal compensation, andother charges for element and serices) are applicable and
are provided under a separate Agreement or Tariff.
QLSP ra Effctive Date through Term. Startng on the
Effece Date of the Agrement, rates for the Service will be
those provided or referenced in the attched Rate Sheet.
The MRCs for the swch port will be adjusted annually,
effecve January 1 of each year through the term of the
Agrement. CLEC is eligible for and will reive discounts .
on the Basic Plan swtch port MRCs if it meets the volume
plans described below. Discounts are not cumulative and
Qwest will apply the highest discount rate for which CLEC
qualifies. Basic Plan MRCs wil apply if CLEC does not
qualify for any discunt.
3.1
3.2
3.2.1 900/0 YOY Volume Retention Plan: If the
number of CLEC's QLSP total lines as of October 31 of
each year equals or exceeds 90% of the sum of
CLEC's QLSP total lines as of October 31 of the
preing year, CLEC will qualify for a 10% discunt off
of the Business Port and a 2% discount off of the
Residential Port MRCs applicable during the next
calendar year.
3.2.4 115%YOY Volume Growth Plan: If the
number of CLEC's total QLSP lines as of October 31 of
each year equals or exceeds 115% of the sum of
CLEC's total QLSP lines as of October 31 of the
preceding year, and the YOY line increase is equal to
or greater than one thousand fie hundred (1,500)
QLSP lines, CLEC will qualify for a 30% discount off of
the Business Port MRCs and a 6% discount of of the
Residential Port MRCs applicable during the next
calendar year.
For purposes of counting CLEC's total QLSP lines in section
3.2 as of October 31 of each year, Qwest wil include all
QLSP lines, if any, from the previous year. For example, to
determine 2011 QLSP rates, Qwst will use the totl number
Oct 28, 201 O/caclrime Time Ventures .
AZ=CDS-101028-0015; CO=CDS-101028-o016; IA=CDS-101028-17; ID=CDS-101028-018; MN=CDS-101028-0019; MT=CDS-101028-o020; .
ND=CDS-1 01 028-0021; NM=CDS-1 01 028-0022; OR=CDS-1 01 028-0023; WA=CDS-1 01 028-0024; WY=CDS-1 01 028-0025Attachment 2 - QLSP(l - (v8-2Q-10) 4
OocuSign Ìinvelope 10: 6AE50S05-9F40-4FBC-A74D-9BE9506D3CDD
..
.
.3.7
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ 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 will be effective on each
January 1 during the term of the Agreement.
Except as otherwse provided herein, the Loop element
combined with a QLSP Service will be provided in
accrdance with CLEC's ICAs with Qwest at the rates set
forth in those ICAs.
including but not limited to flat rate transpor charges, in
accordance with the applicable Tariff
3.8 Local Switching Usage and Share Transport Minulè of
Use (MOU) This section descrbes the use of the Qwest
netwrk for different call types originated by or terminated to
QLSP End Users. This section does not affect Qwests
rights to charge IXCs for signaling as describe in Secon
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
notification process, Qwest may change monthly recurrng
charges for the Omaha, Nebraska Loop elements provided
under the Agreement. Additionally, notwthstanding the
rates reflected in the Nebraska QLSP Rate Sheet, the
Parties understand and agree that Qwst has the right to
adjust commercial port rates in Nebraska after the Nebraska
PSC issues a final order related to Application No.
e-554/PI-112 and CLEC's continued use of any Services in
Nebraska constiMes its acceptance of such updated rates.
CLEC will be responsible for biling its QLSP End User
Customers for all Miscellaneous Charges and surcharges
reuire of CLEC by statute, reulation or as otherwserequire.
3.8.2 Originating InterOffce Local Calls. This
originating Local Call reuires switching by the local serving
Qwest end offce and other interoffce switcing for Local
traffc. When this call type is originated 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-Qwest 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
originating Local Call reuires switching by the local serving
Qwest end offce Switch only. When this call tye is
originated by a QLSP End User, Local Switch Usage
charges provided in the QLSP Rate Sheet wil apply. For
these call tyes that also terminate to an end user served by
a Carrer, Qwest may pay that Carrier certin terminating
compensation charges under ters and conditions of a
separate ICA.
3.6 CLEC will pay Qwest the PiC change charge associated with
CLEC End User Customer changes of interLATA or
intraLATA Carrers. Any change in CLEC's End User
Customers' interTA or intraLATA Carrer must be
requested by CLEC on behalf of its End User Customer.
Intercarrier Compensation. Excpt as specifcally
described in this Section, the Agrement does not change or
amend applicable intercarrier copensation arrngements
(including but not limited to Switcd Acces, Signaling, or
Transit charges) betwen any parties, including between
Qwt and Carrers or IXCs.
3.S.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local serving Qwest end ofce.
If the QLSP End Users selected IXC does not have direct
trunking to the locl servng Qwst end offce, Shared
Transport is required to deliver that call to the Acc
Tandem for delivery to the IXC. When this call ty is
originated by a QLSP end user, Local Switch Usage
provided in the QLSP Rae Sheet applies. Additionally, if
Shared Transport is necesary to deliver the call to the
Accss Tandem, Shared Transport Usage charges provided
in the QLSP Rate Sheet wil apply. For these cali tys that
require Shared Transport, Qwest retains its rights to bill the
IXC for Tandem elements under the Tariff.
3.7.1 Switched Access. For QLSP End User
Customer(s), Qwest will not charge to or collec frm the IXC
usage based end offce and loop Swtched Accss charges
(such as Switched Acc Local Switching, End OffceShared Port, Tandem Transmission and Carrer Common
Line) for InterLTA or IntrLATA Toll Calls originating or
terminating from that QLSP End User Customer's line to an
IXC.
3.8.4 Terminating IntraOffce and Intece Local
Calls. This terminating Local Call requires switching by the
local serving Qwst end offce and in certin instancs other
interoffce swiching within the Locl Calling are. When a
call is terminated to a QLSP end user, no charges will apply
under QLSP. For these call tys that originate frm an end
user served by a Carrer, Qwest retains it rights to bil that
Carrer certin Transit charges as described in Secon 3.7
above.
3.7.2 Signaling. Qwst 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 SXX) associated wit interLTA 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 routes through Qwests netwrk and
which terminates to a QLSP End User, Qwst retains it
rihts to bil the originating Carrer Transit charges for that
call under the originating Carrer's Agreement.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
Call always reuire switching by the local serng Qwest
end ofce. If the originating caller's IXC dos not have direc
trnking to th QLSP end user's local serving Owt end
ofce switch, Share Transport is require to terminate the
call to the receiving QLSP end user. When this cali tye is
terminated to a QLSP end user, Loca Switch Usage
charges provided in the Rate Sheet will apply. Additionally,
if Share Transport is necssary to deliver the call to the
QLSP end user frm the accss tandem, Share Transport
3.7.4 Other. Qwet retains it rights to billXCs or other
Carriers, as applicable, any. and all other aecesscharges
and assessments not expressly addressed in this section,
. Oct 2S, 2010/caclPrime Time Ventures
AZ=CDS-10102S-0015; CO=CDS-10102S-0016; IA=CDS-10102S-Q17; ID=CDS-101028-018; MN=CDS-10102S-0019; MT=CDS-101028-020;
ND=CDS-1 01028-0021; NM=CDS-101028-022; OR=CDS-1 01 02S-0023; WA=CD8-101028-Q24; WY=CD8-101028-o025Attchment 2 - QLSP~ - (v8-2Q-10) 5
DocuSign Envelope 10: 6AE50S05-9F40-4FBC-A74D-9BE9506D3CDD
4.5
5.0
QWEST LOCAL SERVICES PLATFORM(l AGREEMENT
ATTACHMENT 2-QLSP(l Service Description
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, Qwt retains
its nghts to bil the IXC for Tandem elements under the
Tanff.
3.8.6 Originating Toll Calls when QC is the
Intra LATA Toll provider. See Secon 1.5.4 above.
3.9 Qwest wil have a reasonable amount of time to implement
system or other changes necessry to bil CLEC for raes or
charges associated with QLSP Services
bil its End Users or other earners (including Qwst), 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 compnse
the QLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Qwest facilties or equipment, other than by
connecton or discnnecton to any interface between Qwest
and the End User Customer, without the wntten consent of
Qwest.
3.10 QLSP Services have a one-month minimum service penod
requirement for each CLEC End User Customer. The one-
month minimum servce penod is the penod of time that
CLEC is required to pay 100% of the MRC for the Service
even if CLEC does not retain Service for the entire month.
QLSP Services are biled month to month and wil after the
one month minimum service penod is satisfied be pro-rated
for partal months based on the number of days Service was
provided.
6.2 Qwest will provide general repair and maintenance Services
on its facilities, including those facilities supportng QLSP
Services purchased by CLEC. Qwest will repair and restore
any equipment or any other maintainable component that
adversely impact CLEC's use of QLSP Service. Qwest and
CLEC will cooperae with each oUier to implement
proedures and processes for handling servce-affectng
events. There will be no charge for the Serv 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 reuested to existing servce,
including changing a telephone number, initiating or
removing suspension of Servce, denying or restonng
service, adding, removing or changing features, and other
similar requests.
7.0 Commercial Performance Measures and Reporting,
Perfrmance Targets and Service Credits (including In
Washington, if Washington 7.0 is selecd by CLEC as
indicated on Signature Page).
Each Part wil 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 with the professional standards of practice
in the industry, and in coformance with Applicable Law.
The QLSP Servce attnbutes and process enhancements are
not subjec toUie Change Management Process ("CMP"). .
CLEC propoed changes to QLSP Service attributes and
pros enhancements wil be communicated through Uie
stndard accunt interfaces. Change requests common to
shared systems and processes subject to CMP will continue
to be addressed via the CMP procures.
4.0 Systems and Interfaces.
7.1
7.2 Qwst will proide commercal perfrmance measurements
and reporting against established performance targets with
QLSP Service. The following performance measurements
will apply to QLSP Residential and QLSP Business: (a) Firm
Order Confirmations (FOCs) On Time; (b) Instllation
Commitnts 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
interaces and OSS busines rules for QLSP, including
electronic ordenng and flow, as the same may evolve over
time.
7.3 Commercal measurement definitions, methodologies,
performance targets and reporting requirements are set forth
in Attchment 3 to the Agrement. Qwest will provide CLEC
with the raw data necessry to allow CLEC to disaggregate
results at the state leveL. Reporting of these performance
measures will be applied for activity beginning the firs full
monUi of Servce after January 4, 2011.
CLEC will be entitled to service credit only for each
instance of a missed installation commitment and each
instance of an out of servce condition that is not cleared
within 24 hours occrnng after January 4, 2011. All service
credits will be applied automatically by Qwest as creit
against CLEC's bil for the biling period following Uie one in
which the crdits were accred. Credits for Services
provided under the Agrement will be applied for activty
beginning the first full month aftr January 4, 2011. Any
4.2 QLSP service are ordere utilzing the LSR prces as
descnbed in the Qwst wholesale website.
7.4
Oct 28, 2010/cacInme Time Ventures
AZ=CDS-101028-Q15; CO=CDS-10102S"0016; IA=CDS-101028-0017; ID=CDS-101028-001S; MN=CDS-101028-O19; MT=CDS-101028-020;
ND=CDS-101028-0021; NM=CDS-10102S-0022; OR=CDS-101 02S-0023; WA=CDS-10102S-0024; WY=CDS-101028-o025Attchment 2 - QLSP(l - (v8-2Q-10) . 6
4.3 Pnor to placing an order on behalf of each End User
Customer, CLEC will be responsible for obtaining and will
have in its possession a Proof of Authonzation as set fort in
the Agreement.
4.4 When Qwest or another provider of choice, at the End User
Customets request, orders the discontinuance of the End
User Customets existing service with CLEC, Qwest will
render its closing bill to CLEC effective as of the
disconnecion. Qwet will notify CLEC by FAX, OSS
interface, or other agred upon processes when an End
User Customer moves to Qwest or another service provider.
Qwest will not provide CLEC or Qwest retail personnel with
the name of Uie other service provider selected by the End
User Customer.
The Partes will provide each other with points of contact for
order entry, problem resolution, repair, and in the event
special attention is reuired on service request.
Qwest will bil CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Billng penod, in an
agred upon standard electrnic format. Billng informationwill include a summary bil and individual End User
Customer sub-account information. If CLEC needs
additional or diffrent biling information in order to properly .
(;ocuSlgn 'Efvelope 10: 6AE50805-9F40-4FBC-A74D-9BE9506D3CDD..
.
.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, PIO, PAP or any other wholesale
service quality standards will no longer be applied beginning
the first full month after January 4, 2011.
7.4.1 Installation Commitments Met. For each
installation commitment that Qwest, through its own
fault, fails to meet, Qwest will provide a service credit
equal to 100% of the nonrecurrng charge for that
instllation. Qwest will use the state installation
nonrecurrng charge contained in the Agreement for
that order type in calculating the credit. The definiton
of a "missed installation commitent" and the
associated exclusions are described in Attachment 3 to
the Agreement.
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Qwest, through its
ow fault, fails to resolve within 24 hours, Qwst wil
provide a service credit equal to one day'S recurrng
charge (monthly recurrng charge divided by 30) for
each day out of service beyond the firs 24 hours. (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEC will be entitled to a credit equal to the
monthly recurrng charge divided by 30. If the out-of-
service condition existed for 48 to 71 hours, the creit
would equal tw times the monthly recurrng charge
divided by 30).
8.0 Service Peñonnance Measures and Reporting and
Peñonnance Assurance Plan (PIO/PAP) (for Washington
only, If Washington 8.0 Is selected by CLEC as Indicad
on the Signature Page to the Agreement).
If select by CLEC under the terms and conditions of the
Agreement and this Attchment, Qwest will, in Washington
only, prode perfrmance measurements, reportng, and
remedies compliant wih the Washington Perfrmance
Indicator Definitions ("PI Os") and the Qwt Washington
Penormance Assurance Plan ("PAP") for th 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 PAP
replace, in their entirety, the Commercial Perfrmance
Measure and Reportng, Perfrmance Targets and Service
Creits terms and conditions for Servces provided under the
Agreement and this Attchment outlined in Section 7.0 of
this Atchment.
8.4 Eligible .QLSP Service will be included in the UNE-P PAP
results beginning the firs full month following the Effective
Date of the Agrement.
Notwthstanding the dispute resolution provisions in the
Agreement, the Parties will resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution pros descrbed in the PAP.
8.2 The PIDs and PAP for Washington in their currnt form are
poted in the Qwst Wholesale PCAT, currently called
Negotiations Template Agreement PCAT, under Exhibit B
and Exhibit K for Washington, respectively. Those PIDs and
that PAP are incorprated by reference into, and made a
part of, this Attchment. Subsequent changes to the PIDs orPAP submitted to the WUTC will be incorporated into the
applicable exhibit as soon as they are effctve either by
operation of law or WUTC order, whichever occurs firs and
without furter amendment to this Attchment.
8.5
.
Oct 28, 2010/caclPrime Time Ventures .
AZ=CDS-101028-0015; CO=CDS-101028-o016; IA=CDS-101028-o017; ID=CDS-101028-018; MN=CDS-101028-019; MT=CDS-101028-020;
ND=CDS~101028-o021; NM=CDS-101028-022; OR=CDS-101028-o023; WA=CDS-101028-Q24; WY=CDS-101028-o025Attchment 2 _ QLSP~ _ (v8-2Q-10) 7
8.3 To selec the Service Perfrmance Measures and Reportng
and Perfrmance Assurance Plan (PIDIPAP) option, CLEC
must be a certfied CLEC under applicable state rules and
have electd the PID and PAP under its Washington
intercnnecton agreement with Qwest.
DocuSign Ënvelope 10: 6AE50S05-9F40-4FBC-A74D-9BE9506D3CDD
.ATTACHMENT 3
Performance Targets for Owest OLSp™ Service
.
.
ATTACHMENT 3 - Perfnnance Targets for Qwt QLSpm Servce
DocuSigriEnvelope 11:); 6AE50805-9F40-4FBC-A74D-9BE9506D3CDD
FOC.1 - Firm Order Confirmations (FOCs) On Time
Purpose:
Monitors the timeliness with which Qwest returns Firm Order Confirmations (FOCs) to CLECs in
response to LSRs received from CLECs, focusing on the degree to which FOCs are provided within
specified intervals.
Description:
Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the
intervals specified under "Performance Targets" below for FOC notifications.
· Includes all LSRs that are submitted through IMA-GUI and IMA-EDI interfaces that receive an FOC .
during the reporting period, subject to exclusions specified below. (Acknowledgments sent
separately from an FOC (e.g., EDI 997 transactions are not included.)
· For FOC-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-1B, the interval measured is the period between the application date and time, as defined
herein, and Qwest' response with a FOC notification (notification date and time).
· "Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC.
· "Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EDI and involve manual
processing.
· LSRs wil be evaluated according to the FOC interval categories shown in the "Performance
Targets" section below, based on the number of lines requested on the LSR or, where multiple
LSRs from the same CLEC are related, based on the combined number of lines requested on the
related LSRs.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regionallevel.
Individual CLEC . FOC-1A: FOCs provided for fully electronic LSRs received via IMA-
GUI or IMA-EDI
FOC-1B: FOCs provided for electronic/manual LSRs received via
IMA-GUI or IMA-EDI
.
.
Formula:
FOC-1A = t(Count of LSRs for which the original FOC's "(FOC Notification Date &Time) - (LSR
received date/time (based on scheduled up time))" is within 20 minutes) ..(Total Number of
original FOC Notifications transmitted for the service category in the reporting period)) x 100
FOC-1B = t(Count of LSRs for which the original FOC's "(FOC Notification Date & Time)- (Application
Date & Time)" is within the intervals specified for the service category involved) e(Total
Number of original FOC Notifications transmitted for the service category in the reporting
periodU x 100
.
ATIACHMENT 3 - Perfoimance Targets for Qwest QLSp™ Service
Page 2
böcuSign Envelope 10: 6AE50S05-9F40-FBC-A74D-9BE9506D3CDD
.
.
.
Exclusions:.LSRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the
"Performance Targets" section below, or service/request types, deemed to be projects..Hours on Weekends and holidays. (Except for FOC-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 codes..Records missing data essential to the calculation of the measurement per the measure definition..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid starVstoD dates/times.
Product Reporting:Penormance Tarnet:
FOC-1A 95% within 20 minutes
QLSP-POTS
FOC-1B 95% within standard FOC
intervals (specified below)
Standard FOC Intervals
Product Group NOTE 1 FOC
Interval
QLSP-POTS (1-39 lines) FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
Performance wil 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
oroduct type are considered ICB.
ATTACHMENT 3 . Perfrmance Targets for Qwt QLSpm Service
Page 3
DocuSign Envelope 10: 6AE50805-9F4Q-4FBC-A74D-9BE9506D3CDD
ICM.1 . Installation Commitments Met
Purpose:
Evaluates the extent to which Qwest installs services for Customers by the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
· All inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all 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 Qwest is counted as a met
due date. The Applicable Due Date is the original due date or, if changed or delayed by the
customer, the most recntly revised due date, subject to the following: If Qwest changes a due
date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that
is (a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if
any.Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for productservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1B No dispatches.
· Results for product/servces 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 reportng period on or before the Applicable Due Date) -(Total Orders
Completed in the Reporting Period)! x 100 .
Exclusions:
· Disconnect, From (another form of disconnect) and Record order types.
. Due dates missed for standard categories of customer and non-Qwest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving 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.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 4
DocuSign Envelope 10: 6AE50S05-9F40-FBC-A74D-9BE9506D3CDD
.
.
.
Product Reportina Performance Target:
MSA-TvDe:
QLSP-POTS QLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
Availabilty:Notes:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATIACHMENT 3 - Perfnnance Targets for Qwt QLSp™ Service
Page 5
DocuSign Envelope 10: 6AE50805-9F40-4FBC-A74D-9BE9506D3CDD
011.1 . Order Installation Interval
Purpose:
Evaluates the timeliness of Owests 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
Owest 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 Owest changes a due date for Owest
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 Owest-initiated, changed due date, if any. OTE 1
· Time intervals associated with CLEC-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest
Owest-initiated due date, if an¥, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" will be reported accrding to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSA); and
011-1 B No dispatches.
41 Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported accrding to installations:
OIl-1C Interval Zone 1 and Interval Zone 2 areas.
.
.
Formula:
-((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date
and the Applicable Date) - (Time intervals associated with CLEC-initiated due date changes or delays
occurring after the Applicable Due Date)) -Total Number of Orders Completed in the reportng period
Explanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business days) by total number of service orders completed in the reporting period.
Exclusions:
· Orders with CLEC requested due dates greater than the current standard intervaL.
· Disconnect, From (another form of disconnect) and Record order types.
· Records involving 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 proiects.
.
ATTACHMENT 3 . Performance Targets for Owest QLSpm Service
Page 6
DocuSign Envelope 10: 6AE50S05-9F40-4FBC-A74D-9BE9506D3CDD
.
.
.
Re ortedAs:
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. According 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
(Le., with no furter 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 Owest and CLEC-initiated due dates are summed
and then subtracted as indicated in the formula.) The result of
this approach is that Qwest-initiated impacts on intervals are
counted in the reported interval, and CLEC-initiated impact 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).
ATTACHMENT 3 - Perfnnance Targets for Qwest QLSpTM Servic Page 7
DocuSign Envelope 10; 6AE50805-9F40-4FBC-A74D-9BE9506D3CDD
00S24.1 . Out of Service Cleared within 24 Hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (I.e., 24 hours
for out-of-service conditions\.
Description:
Measures the percentage of out of service trouble reports, involvng specified services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
· Includes all trouble reports, closed during the reporting period, which involve a specified
service that is out-of-service (I.e., unable to place or receive calls), subject to exclusions
specified below.
· Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.Individual CLEC . Results for productservces listed in Product Reporting under "MSA Type
Disaggregation" will be reported accrding to orders involving:
00S24-1A Dispatches (Includes within MSA and outside MSA); and
00S24-1 B No dispatches.
· Results for productservices listed in Product Reportng under "Zone-type
Disaggregation" wil be reported accrding to installations:
00S24-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) -(Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100 .Exclusions:
· Trouble report coded as follows:
· For products measured from MTAS data (product 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 (Workorce Administrtion) 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 report 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-tye disaggregation), trouble
reports involving a "no access" delay.
· Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
· Records involving offcial company services.
· Records with invalid trouble receipt dates.
· Records with invalid cleared or closed dates.
· Records with invalid product codes.
· Records missino data essential to the calculation of the measurement Der the measure definition.
.
ATTACHMENT 3 - Perfonnance Targets for Qwst QLSp™ Service
Page 8
DocuSign Envelope ID:6AE50S05-9F40-4FBC-A74D-9BE9506D3CDD
.
.
.
Product Reporting:Performance Taraets:
MSA-TvDe -.OLSP POTS Dispatch and Non-Dispatch 190%
Zone-TvDe -
Availabilty:Notes:
Penormance wil
be measured
beginning the first
full month of OLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Perfonnance Targets for Qwst QLSpTM Serv
Page 9
DocuSignEnvelope ID:.6AE50S05-9F40-4FBC-A74D-9BE9506D3CDD
MTTR-1 - Mean Time to Restore .
Purpose:
Evaluates timeliness of reoair, focusing how long it takes to restore services to proper operation.
Description:
Measures the average time taken to clear trouble reports.
· Includes all trouble report closed during the reporting period, subjec to exclusions specified below.
... Includes customer direct reports, customer-relayed reports, and test assist reports that result in a
trouble report.
.. Time measured is from date and time of receiot to date and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Hours and Minutes
i
i
Disaggregation Reporting: Regional leveL.
. 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 Reportng under "Zone-type
Disaggregation" wil be reported according to installations:
MTTR-1C Interval Zone 1 and Interval Zone 2 areas.
Reporting:
Individual CLEC
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 (product listed for MSA-tye disaggregation), trouble
report coded to disposition codes for: Customer Acton; Non-Telco Plant; Trouble Beyond the
Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
· For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0
K (TOK), Carrer 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 (product listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
· Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving 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 oer the measure definition.
.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 10
DocuSignEnvelope 10: 6AE50S05-9F4Ó-4FBC..A74D-9BE9506D3COD
.
.
.
Product Reporting:Penormance Target:
MSA-Type..QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-TvDe-.
Availabilty:Notes:
Penormance will be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 11
DocuSign Envelope ID:6AE50805-9F40-4FBC-A74D-9BE9506D3CDD
TR.1 . Trouble Rate
Purpose:
Evaluates the overall rate of trouble reports as a percntage of the total installed base of the service or
element.
Description:
Measures trouble report 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
onlv 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 products measured from MT AS data (products listed for MSA-type, 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, Carrier,
Alternate Provider).
- For products measured from WFA (Workorc Administration) data (products listed for Zone-
tye) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrer 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 Owest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under .Zone-type".
. For products measured from MT AS data (products listed for MSA-type, trouble reports involving a
"no access" delay.)
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving 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.
.
.
ATTACHMENT 3 - Perfrmance Targets for Owest QLSp™ Servce
Page 12
pocu$igltEnv9lópe 10: 6AE50S05-9F40-4i=BC-A74D-9BE9506D3COD
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Product Reporting:Performance Target:
MSATvDe:
.QLSP-POTS Diagnostic
Zone Type: ..
Availabilty:Notes:
Performance wil be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
ATIACHMENT 3 - Perfnnance Targets for Qwt QLSp™ Servce Page 13
OOSign Enpe 10: 6A8QCA7oD-BE9D300-
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Qwest Local Servces Platfrm™ (QLSpTM) Rate Page. Idaho
Janua 4 2011 throu h Term*
109.8 Shani TranSDort Purchased "' Psrt of QLS"
109.8.1 QLSP" Rasldentil Business end PAL in ID- Pe, MOU'$0.0011100
109.8.2 QLSP" centrx ISDN BRI PAL In ID-N and PBX Analn Trunks Per linetrnk UGUST $0.35
109.11 Loal SwlhlnD Pu,chiid "' Part of QLP"
109.11.1 Port BBc Plan
109.11.1.1 Anln Port $6.21
109.11.1.2 Reidential end use, crit LAWUR 1S3.07 1
109.11.1.3 Efflv QLSP" Residential Ana"' Port $3.14 1
109.11.1.4 Dlntil Port Suoooino BRIISDN $17.40
109.11.1.5 PBX DID Porl $7.30
109.11.2 Intntlonsllv Blank
109.11.3 Port If 90% YOY Volume Ral8ntln Plan R-ulrsments Ar Me
109.11.3.1 Analn Porl 55.59
109.11.3.2 Analn Po Residential end user crR LAWUR (52.51 1
109.11.3.3 Effec QLSP" Residential Anal~ Porl 53.08 1
109.11..4 Dlnital Porl SuoDOrllnn BRIISDN 17.40
109.11..5 PBX DID Por 7.30
109.11.Intentlnallv Blank
109.11.Port If 115% YOYVolume Grcwt Plan R-ulrmeri Ar Me
109.11.5.1 An~$4.35
109.11.5.2 Anàì sldental user crdlt LAWUR $1.40 1
109.11.5.3 Effec Anln Po 52.95 1
109.11.5.4 i5IPort sii 517.40
109.11.5.5 PBX DID Porl 57.30
109.11.8 Intetlnallv Blsnk
109.11.7 Loal Sw Ussfts
109.11.7.1 QLSP" Resldentil, Business, and PAL In ID- /Pe, MOU 0.001343
109.11.7.2 QLSP" cetr ISDN BRI PAL In ID-N an PBX Analn Trunks IPr Unerunk UGUFM 51.13
109.11.Swlh Featurss 2
109.11.8.1 Acnt Codes - 08' Svsm '7APS 575.00
109.11.8.2 Attndant Ac Une, O8r Sttin Une DZR 510.00
109.11.8.3 Audible Meseae WaRlno MGN MNW 512.00
109.11.8.4 Authortion Coes - .., ""Am I\S $85.00
109.11.8.5 Auomati Lbi ElV 58.00
109.11.8.8 Aumati Route Seleon - Commo i:nulnment .., Svsm F5GPG 220.00
109.11.8.7 cellDnD FlO ONLY 55.00
109.11.8.8 ceii Exclusio - Automati NXB ISDNI $5.00
109.11.8.9 ceii Exusion - Maual NAFID $6.00
IOSNI
109.11.8.10 ceii Forwrdlno Busy Line - Inclnn Onlv 891X $5.00
109.11.8.11 ceii Forwrdlno Do' Aniwe, IncominD Onlv 69A 55.00
109.11.8.12 ceii Forwrdino: Busv Line I Do' An' Pmrammable servce Esblishment SEPFA 550.00
109.11.8.13 ceii Forwrdino: Don' Answr I Call Forrdlno Busv Custr Pmrammable .. Line FSW 510.00
109.11.8.14 ceil Waltn Indlcatin,- Der nminD Stte WUT 125.00
109.11.8.15 centieCo EoulDmat HYE HYS 5180.00
109.11.8.18 CLS-CaIlTra Pe,OCnanc NOUSO $0.46
109.11.8.17 CLS - Cotinuous Radial NSS 510.00
109.11.8.18 CLAS - Last ceil Retm NSQ $10.00
109.11.8.19 CLASS - Prrilv Callino NSK 510.00
109.11.8.20 CLS - sele ceil Forrdl NCE 510.00
109.11.8.21 CLSS - selee ceil Rajeet FKOPN.NSY $10.00
109.11.8.22 Dire Stati Selen I Busy LP- Field. ..r Ar ment BUD .00
109.11.8.23 D1rs Call Plo wi Ba -in 8M 5.00
109.11.8.24 Dlrs Call Plcko with B...n 690 5.00
109.11.8.25 Dlstncl R1nostncl cai Wa""'RNN 5.00
109.11.8.26 i:""nsRoutaWamlnnTon -s..ie AQWPS .00
109.11.8.27 Grun Intm GCN 8.00
109.11.8.28 Hot Une, pe Line HLN, HLA $6.00
109.11.8.29 Hunlln: Mult-1t Hunt Queulnn MH5 55.00
109.11.8.30 Huntlo: Mult-1t wt Annoncement In Queue MHW 55.00
109.11.8.31 Huntino: Multoosn wt Music in Queue MOHPS 5100.00
109.11.8.32 ISDN Sho Hunt NHGPG,$10.00
NHGPN
109.11.8.33 Louds-kaP"",In. .., Trunk Gran PTOPG ICB
109.11.8.34 Make BusAr ..ments .., Groun AQAi. P89 $20.00
109.11.8.35 Make BUsAr ..menls .., Lii MBl 510.00
109.11.8.36 Mene ceter .., Main Statio Lin MFR $8.00
109.11.8.37 MAe Waltno VIsual MV5 ICB
109.11.8.36 Music On Hol'",SVRem MHHPS 575.00
109.11.8.39 PrivBRelease K7 $5.00
109.11.8.40 QU8r nme QT1PK 55.00
109.11.8.41 SMOR-P-ArIvData SR7CX 300.00
109.11.8.42 SMOR-P - Servce Eslishment Charge, Inltl instllti SEPSP.$165.00
SEPSR
109.11.8.43 Statin cemon serv. "' Main Sttin CPK 1&.00
109.11.8.44 TI of Dav Cont lo ARS oer Svm ATBPS $125.00
109.11.8.45 TiolDevNCOSIJnata MT 51.00
109.11.8.46 TI 01 Dav Rout. ""r Line ATB $1.00
109.11.8.47 Truk Vertin frm Del nated Statio BVS 100.00
109.11.8.46 UCD In Hunt Grao. ""r Line MHM $6.00
109.11.8.49 Prsmlum Por Faatu.. Addllon Chi"'e II 52.08
109.11.8.49.1 CMS - SVRAm Esbishment -Inltllnslltl 51000.00
109.11.8.49.2 CMS - SVRAm Eotablhment Subs"uent Installan $500.00
109.11.8.49.3 CMS - Peckt Cont ce~hl .. S..Am 51500.00
109.11.8.49.4 Corece Cal1no - Meet Me $5.00
Qw Lol Sirv Pletl'" Ag QLSP'" Rata She-Vl.2.3 04.11.08
DoSIg Env 10: 6A804Q-74D-D3DD
Qwest Local Servces PlatfrmlM (QLSP"") Rate Page . Idaho
J
109.11.8.49.5 Conference Callno . Pre M09l"K $5.00
1 09.11.8.49.6 Conference Callina - Statl Dlel 6-Wevl GVT 5.00
109.11.Otr
109.11.9.1 Custm Number
109.11.9.1.1 Ideha No See Applicble Qw Retail 6
Tari, Catalo ar Price List less
Discount (whic WILL be
provided pursuant ta tes and
conditons In CLEC's ICA).
109.11.9.1.2 Idah South See Applicable Qw Reil 6
Tari, Catalo or Price Lis less
Discunt (whic WILL be
proided pursuant to lerm and
caltons In CLEC's ICA).
109.11.9.2 PBX DID Coole Trenslstl DIIt Outols Chnoe Slnalno $15.22109.11.9.3 PBX DID Comole Translatins Sianalin Chnoe $35.52
109.11.9.4 PBX DID Blo Comoromlse $25.53
109.11.9.5 PBX DID Grao of 20 Numbrs $31.36109.11.9.6 PBX DID Reser Seauential # Blck $25.38109.11.9.7 PBX DID Reser Nonsouentil Teleohone Numbers 23.67
109.11.9.8 PBX DID Nonseuentil Teleohone Numbers $33.18
109.11.10 Subsnuent Order Chara NHCUU 112.17 4
109.11.11 awsl Co..ralln ac InlrLATA Toll LPIC 5123
109.11.11.1 Idaho Nort See ApHcabl Qw Rel 6Tari, Cata or Pr Us les
Discount (whic WILL be
prded pursuant to lerm and
..conditon In CLEC's ICA).
109.11.11.2 Idaho So See Applicable awst Retal 6
Tari, Calelog or Price Lis les
Discount (whic will be
praed pursuant to term and
conditns In CLEC's ICA).
109.20 Ml8lanes Chsrg 5
109.20.1 Delan . Nort
109.20.1.1 Malnlenance of Serca
109.20.1.1.1 Basic
109.20.1..1.1 Firt Incrment MVWXX -
109.20.1.1.1.2 Eech Addlilonallncrement MV1X -
109.2.1.1.2 Overilme
109.20.1.1.2.1 Firlncmet MVOX -
109.20.1.1.2.2 Eac Adltllncont MV2X -
109.20.1.1.3 Premium
109.20.1.1.3.1 Ars Incnt MVPX -
109.20.1.1.3.2 Eac Addllallncment MV3X -
109.20.1.2 Ontiol Tesno Additonal Labor
109.20.1.2.1 Basic Firs and Ea Adltnallncrrn OTNBX -
109.20.1.2.2 Overma Firs and Each Adllnct OTNOX -
109.20.1.2.3 Premium Firand Eac Addllalincrern OTNPX -
109.20.1.3 Dls""tc Additional Disoatc - No trble found ff6De -
109.20.1.4 Dlsnatc for Maintenance of serv . No Troubl Found fT6DM -
109.20.2 Delnn and Non-slnn . Nort
109.20.2.1 Trin Chama - Premis Visit Charoe SCO -
109.20.2.2 Premises WOl ChamA
109.20.2.2.1 Basic
109.20.2.2.1.1 Firs Incrmet HRDll -
109.20.2.2.1.2 Each Addlilonallncient HRDA1 -
109.20.2.2.2 Overtme
109.2.2.2.2.1 Firlncrmet HRD12 -
109.20.2.2.2.2 Each Additnal Incrment HRDA -
109.20.2.2.3 Preium
109.20.2.2.3.1 Ars Incment HRD13 -
109.20.2.2.3.2 Each Adltllncrman HRDA -
109.20.2.3 Netw Prmises Work ChalO
109.20.2.3.1 Basic Ars Incment 1 -
109.20.2.3.2 Basic Each Additlnalincent -
109.20.2.3.3 Overtme Ars Incrment -
109.20.2.3.4 Ovrtme Eac Addltnallncrnt -
109.20.2.3.5 Preium Firs Inaeent HRR13 -
109.20.2.3.6 Premium Each Additnal Incrment HRR -
109.20.2.4 DaChanne H6De -
Delon Channe H28 -
Exnall Chame Per dav advace EODDB -
Cancellatin Charoe NoUSOC IeB
109.20.3 Non-Dlnn . Sout
109.20.3.1 Netw Premies Work Cha", e
109.20.3.1.1 AI Hours 1 st 15 minut HRH11 -
Qw Lol serv Platform'" Agreement OLSP'" Rete Sheet-V1.2.3 04.11.08
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~DoS;g e_,o: 0A..FBC74D-E9D3COO..
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Qwest Local Servces Platfrm™ (QLSpTM) Rate Page . IdahoJ 4 1 T *anua 20 1 throu h erm
109.20.3.1.2 All Houni nex thre 15 minute HRHAI
-
109.20.3.1.3 All Houni sa addll15 minute HRDAI -
108.20.4 Deslnn . Sout
109.20.4.1 Malntsanes of SeMes
109.20.4.1.1 Basic
109.20.4.1.1.1 Fir Incrmet WW'X -
109.20.4.1.1.2 Each Addltallncren MVW1X -
109.20.4.1.2 Overtme
109.20.4.1.2.1 Firs Incment WWOX -
109.20.4.1.2.2 Each Addltllncmant WW2X -
109.20.4.1.3.1 Premium
109.20.4.1.3.1 Firs Incrment WWPX -
109.20.4.1.3.2 Each Adltnallncmant MVW3X -
lru.2n.4.2 nal Tes Additnal Labor
109.20.4.2.1 Basi Firs and Each Ad nal ncrme-;TNRX
-
109.20.4.2.2 Ovrtime Flnit and Each Aditonal Incrme OTNX -
109.20.4.2.3 Premlum FI and Eac Additnal Incmet OTNPX -
109.20.4.3 DIatc (Additionl Disoatc - No truble foundl TBDC -
109.20.4.4 Dls~tch for Malntsanes of Servic - No Trouble Found VT6DM -
109.20.4.5 N_ Premlse Work Chame
109.20.4.5.1 Basic
109.20.2.5.1.1 Firs Incment HRHll -
109.20.2.5.1.2 Eac Addltnallncrant HRHAI ..
109.20.4.5.2 Overtme
109.20.2.5.2.1 Firs Incment HRH12 -
109.20.2.5.2.2 Eac Additnal Incrt HRHA -
109.20.4.5.3 Premium
109.20.2.5.3.1 Fir Incment HRH13 -
109.20.2.5.3.2 Each Addltnallncrmant HRHA -
109.20.5 DelCn and Non.oslan . Soulh
109.20.5.1 Trio Cham e - Premiss VIsK Ch""e NRTCY -
109.20.5.2 Premlse Work Chamø
109.20.5.2.1 Basic
109.20.5.2.1.1 Firs Incment HRDll -
109.20.5.2.1.2 Each Addltallncren HRDAI -
109.20.5.2.2 Ovrt
109.20.5.2.2.1 Firs Increment HRD12 -
109.20.5.2.2.2 Each Additnal Incme HRDA -
109.20.5.2.3 Premium
109.20.5.2.3.1 Firs Incrment HRD13
-
109.20.5.2.3.2 Eac Additnal Incrt HRDA3 -
109.20.5.3 Dat ChannA VT6DC -
109.20.5.4 Delon Chann H2S -
109.20.5.5 i:xolt Chame Par dav advanc EODDB -
109.20.5.6 cancllatin Chame NoUSOC ICB
1l1.23 QLBP" _natin and Convrsion Nonraurrnn Chames NRCI
108.3.1 Convrsion Nonraurr Cha
109.23.1.1 OLP" Busine can"". PAL snd PBX Analon no-DIO Trunk Reidntial109.23.1.1. Racanlzl URCC ~1.50
109.23.1.1.2 Itnal UnalMeanlzad URCCY ~0.50
109.23.1.1.3 ./Manual URCV 515.00
109.2.1.1.4 dltal Una lManuaD URCC s.~.00
109.23.1.2 QLP" PBX DID Trunks
109.23.1.2.1 Firs Trunk URCC 528.84
109.23.1.2.2 Each Additnal
52.73
109.23.1.3 QLP" ISDN BR
109.23.1.3.1 Firs URCCU 530.68
109.23.1.3.2 Each Additnal
52.73
108.2.2 Inslallatin Nonraurrnn Cha~
109.23.2.1 QLP" Busine cantx PAl and PBX Analoo non.o Trunks Reldenal
109.23.2.1.1 Firs Una /Macanlzl NHCR 550.00
109.23.2.1.2 Each Addltal Una CMeanlzadl NHCRC 518.00
109.23.2.1.3 Firs Una lUanual\NHCRB 575.00
109.23.2.1.4 Each Additnal Llna 'Maual NHCRD $20.00
109.23.2.2 QLP" Analon DID PBX Trunks $15.21
109.23.2.3 QLP" ISDN.BR
5272.96
109.23.3 Qw AlN Feature
109.23.3.1 Idaho Nort Se Appncable Qw Raln 6
Tart, calalo or Pri Ust las
Discnt (whic wil be
proad pursant to tami and
coitns In CLEC's ICA).
Qw Locl serv Pia'" Agreant aLSP'" Ra Shae-Vl.2.3 04.11.08
3
""Sig En 10: 6A~""f''D-E9D
Se App6cble Qw Retail
Taif, ealo or Pri Us le
DIunt (wic wi be
prvied pursuant to tem and
condllons In CLEC's ICA).
109.3.4 Qw Vol.. Mess In Serv...109.23.4.1 Idaho Nort 6See Appncable Qw Retail
Taif, ealo or Price Us less
Discunt (which WIL be
provided pursuant to tami and
codlUons In CLEC's lCA).
Se ApHceble Qw Retil
Taif, Catalo or Price Ust les
DIscount (whic WIL be
provided pursuant to tes and
coiti In CLEC's ICA).
109.23.4.2 Idaho Sout 6
112 o ratinal Su or S
112.1 Devaoments and Enhancment r Loc Serv ue112.2 On 01 0 rations r Locl Serce R ues
112.3 0a Usae Records File, per Rec
All chrges and incrnts
aqual th coparable charges
and Incrment proed In theQw Whoe PCT.!l.Unlvrsal Serce Order Coes (UsOC) have been provied In an effor to ease Item dascrptl and USOC ascition wi charges. In the evnt USOCS ara Inaccrate
or ara ravised, Qw rases th riht to corr the Rate Shea!. In the evant of any signifnt changa(s), notlceUon WIL be pred via the standard notificUon prce.
See Applicable Qw Retail Taif, Catalo or Price List fo all ches an Incants.
CLSP'" Busines and Residential serv utliz th sema Clan of Sarv an lin Univl Serv Order coes (USees). CLS'" Reldanalserlce wlll be bHled at
the Analo Port rate and only thos. lines that speiflly qualif fo an ara id as serng a reidental an-user custmer by th pranc of the LAWUR USO WILralv the Residentil and user crall.
CLSP'" servce Includes nondiscrinato aec to all vel sw feture that ara loed In Qws End Of Sw. Sea the PCAT for all copatible and available
vartcal sw feature. Only vert sw feture wlh Non-rrg, Recrrng, or Per Occirnc charg ara li. NonRecurrng charg ara applicable whener afeatura is added. whether on new InsllaUon, corsion, or chane orer ac. Th vertl swh fetu no lis have a rate of $0 fo Monthly Recrr, Non-
Recrrng, or Per Occrrence cherg.
3 Rerv fo Mura use.
Th Subsuent Order Charg Is eppHcable on a per order bais when chngss ara reuest to exing ser, Incling chngin a telehone number, Inllating or
ralng Suspension or Servce, denying or rag serv, addin, ramo, or changing feture, an oter simlar reuasi.
CLSP'" ISDN BRI an PBX ara "Design". Remaining CLSP'" serce ara "Non-Deign". All chrges and Incren shal be the same as the coparable charges and
Incrments proided In Qw Reil Tari, Catelogs, or Pri Lis and ara subja to change bas on changes In the underiylng Qw Retell Tari, Catalo, or PriceLis. In the evnt a ra chanss, noticatl wlll be proed vi the stndard notication prss.
6 Whara the sece has been deemed to be a Teiemunlcations Salc, the Discount wlll be proed pursant to CLEC's ICA. Wher th servic is not a
TeloclMunlctls Ser, the discount will be 18%.
Qw Lol Sarv Platform 1M Agreent CLSp™ Rete Sheet-V1.2.3 04.11.08
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