20080324Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile (206) 343-040 ZDUB Hi~R 24 Pr1 2: D;
Qwest~
Spirit of Service~
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
March 20, 2008
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-05-09
Application for Approval of Interconnection Agreement
Trans National Communications International, Inc.
Dear Ms. Jewell:
Enclosed for fiing is an original and three copies of the Application for Approval of an
Interconnection Agreement between Qwest Corporation and Trans National Communications
International, Inc. 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 . er.
mep
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr(Ðqwest.com
Zl1ûß KAR 24 Pi'12= 0 ¡
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE-T-05-09
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilities Commission on May 5, 2005 (the "Agreement"). The Amendment with Trans National
Communications, International, Inc. ("Transnational") 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 Commuiications
Act of 1934, as amended by the Telecommuncations Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment reached
through voluntary negotiations only if the Commission finds that: the amendment (or portiones)
thereof) discriminates against a telecommunications carier 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 Trans
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Trans National Communications International, Inc.
QLSP Master Services Agreement
National to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Qwest furer 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 fuher the public interest.
Respectfuly submitted this 20th day of March, 2008.
L~'.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Trans National Communications International, Inc.
QLSP Master Services Agreement
CERTIFICATE OF SERVICE
I hereby certify that on this 20th day of March 2008, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all paries 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
i i ewel1(mpuc. state.id. us
Hand Delivery
U. S. Mail
X Overnight Delivery
Facsimile
Email
Trans National Communications IntI., Inc.
Brian C. Twomey, President
2 Charles gate West
Boston, MA 02215
Hand Delivery
-- U. S. Mail
Overnight Delivery
Facsimile
Maura Peterson
Paralegal, Qwest Corp ration
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Trans National Communications International, Inc.
QLSP Master Services Agreement
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
~hiS Owest Local Services Platform n~ ("OLSpTM") Agreement, together with the Attachments and Rate ~Øijittiríl~~i!raPJl 2= 0 I
herein by reference, ("Agreement" is between Qwest Corporation ("Qwest") and Trans National Communications
International, Inc. ("CLEC"), (each identified for purposes of this Agreement in the signature blocks below, ¡àl)ifrW)rflilMIC.
separately as a "Party" or collectively as the "Parties"). The undersigned Parties, have read and agr'~ll2lflil£isri6()MMISS¡O¡
conditions set forth in the Agreement
Qwest c,O'PO"'? 0 ',ot.. ..... . ............
By: ~~ ( L./L¿~. .---.
Trans National Communications International, Inc.:
Name: L.T. Christensen
Title: Director - Wholesale MarketsDate: .5 Is 10 ifI Î
~ ..e,.By:
Name:
~~.;~"'y
-¿4:~-;'-"
a'--'~2 to_ 1'\,
gKJ ¡riA). jc - II;~ '7
) -'dJ ,~-r /?~'I-æTitle:
Date:
NOTICE INFORMATION: All written notices required under the 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: intagree(fqwest.com
With copy to:
Owest Law Department
Associate General Counsel, Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnection(fqwest.com
Trans National Communications
International, Inc.
Brian Twomey
President
2 Charlesgate West
Boston, MA 02215
Ph: [phone]
Fax: [phone]
btwomey(ftncii.com
With copy to:
Arthur Chaillou
Product Manager
2 Charlesgate West
Boston, MA 02215
Ph: [phone]
Fax: [phone]
achaillou(ftncii.com
APPLICABLE STATES:~ North Dakota
~ Oregon
~ South Dakota~ UtahOwest agrees to offer and CLEC intends to purchase Service in
the states indicated below by CLEC's signatory initialing (or an
"X") on the applicable blanks. Note: If CLEC chooses to
indicate Washington, CLEC must select only one (1) of the
Washington Service offerings. CLEC may not change its
Washington selection after the Agreement is executed.
~ Arizona
~ Colorado
~ Idaho~ Iowa
~ Minnesota
~ Montana
~ Nebraska
~ New Mexico
Washington 7.0 (with Commercial Performance
Measures and Reporting, Performance Targets and
Service Credits, as described in Section 7.0 of
Attachment 2 to this Agreement); or
/ Washington 8.0 (with Service Performance Measures
and Reporting and Performance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Attachment 2 to this Agreement).
~ Wyoming
March 3. 2008/1hd/TNCI
AZ--CDS-080303-0001 CO--CDS-080303-0002
MT --CDS-080303-0006 NE--CDS-080303-0007
SD--CDS~080303-0011 UT--CDS-080303-0012
Owest OLSpTM MSA - (v4.0 - 11-16-07)
ID--CDS-080303-0003
NM--CDS-080303-0008
.WA--CDS-080303-0013
IA--CDS-080303-0004
ND--CDS-080303-0009
WY--CDS-080303-0014
MNc-CDS-080303-0005
OR--CDS-080303-00 1 0
Page 1 of 11
WHEREAS, CLEC desires to purchase from Owest certain combinations of Network Elements, ancilary functions, and additional
f~tures, including without limitation, the local Loop, Port, switching, and Shared Transport.
Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Owest mutually agree as follows:
1. Definitions. Capitalized terms used herein are defined in
Attachment 1.
2. Effective Date. This Agreement is effective upon the
latest execution date by the Parties ("Effective Oate").
2.1 CLEC's Owest Platform Plus™ Master Services Agreement,
if any, is terminated immediately upon execution of this Agreement,
and Owest will provide CLEC local platform services only pursuant to
the terms and conditions of this Agreement. The effective billing date
for OLSP services will be the latest date of execution by the Parties.
3. Term. The term of this Agreement begins on the
Effective Oate and continues through January 3, 2011. In the event
that at the expiration of the Agreement CLEC has any remaining
Customers served under this Agreement, Owest may immediately
convert CLEC to an equivalent alternative service at market-based
wholesale rates.
4. Scope of Agreement; Service Provisioning; Controllng
Documents; Change of Law; Eligibiliy for Services under this
Agreement; Non-Applicability of Change Management Process.
4.1 The Services ("Services") described in this Agreement will
only be provided in Owesls incumbent LEC service territory in the
states of Arizona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington and Wyoming.
4.2 In the event of a conflict in any term of any documents that
govern the provision of Services hereunder, the following order of
precedence will apply in descending order of control: an Attachment,
Rate Sheet, this Agreement, and any Order Form. The Parties agree
that the Services offered and purchased under this Agreement are
subject to compliance with all Applicable Laws and regulations; and
obtaining any domestic or foreign approvals and authorizations
required or advisable.
4.3 The provisions in this Agreement are intended to be in
compliance with and based on the existing state of the law, rules,
regulations and interpretations thereof, including but not limited to
Federal rules, regulations, and laws, as of the Effective Oate ("Existing
Rules"). Nothing in this Agreement shall be deemed an admission by
Owest or CLEC concerning the interpretation or effect of the Existing
Rules or an admission by Owest or CLEC that the Existing Rules
should not be changed. vacated, dismissed, stayed or modified.
Nothing in this Agreement shall preclude or estop Owest or CLEC from
taking any position in any forum concerning the proper interpretation or
effect of the Existing Rules or concerning whether the Existing Rules
should be. changed, vacated, dismissed, stayed or modified.
4.4 If a change in law, rule, or regulation materially impairs a
Party's ability to perform or obtain a benefit under this Agreement, both
Parties agree to negotiate in good faith such changes as may be
necessary to address such material impairment.
4.5 To receive services under this Agreement, CLEC must be a
certified CLEC under applicable state rules. CLEC may not purchase
or utilize Services covered under this Agreement for its own
administrative use or for the use by an Affiliate.
March 3, 200S/lhd1TNCI
AZ --CDS-OS0303-000 1 CO--CDS-OS0303-0002
MT--CDS.OS0303-0006 NE--CDS-OS0303-0007
SD--CDS-OS0303-0011 UT--CDS-OS0303-0012
Owest OLSpTM MSA - (v4.0 - 11-16-07)
4.6 Except as otherwise provided in this Agreement, the Parties
agree that Services provided under this Agreement are not subject to
the Owest Wholesale Change Management Process ("CMP"), Owests
Performance Indicators ("PIO"), Performance Assurance Plan ("PAP"),
or any other wholesale service quality standards, or liquidated
damages and remedies. Except as otherwise provided, CLEC hereby
waives any rights it may have under the PIO, PAP and all other
wholesale service quality standards to liquidated damages, and
remedies with respect to Services provided pursuant to this
Agreement. CLEC proposed changes to Service attributes and
process enhancements will be communicated through the standard
account interfaces. Change requests common to shared systems and
processes subject to CMP will continue to be addressed via the CMP
procedures.
5. CLEC Information. CLEC agrees to work with Owest in
good faith to complete promptly or update, as applicable, Owests
"New Customer Ouestionnaire" to the extent that CLEC has not
already done so, and CLEC shall hold Owest harmless for any
damages to or claims from CLEC caused by CLEC's failure to
complete or update the questionnaire.
6. Financial Terms.
6.1 The description of the Service and applicable rates are set
forth in the Attachments and Rate Sheets. The Parties agree that the
referenced rates are just and reasonable.
6.2 Taxes, Fees, and other Governmental Impositions.
All charges for Services provided herei are exclusive of any federal,
state, or local sales, use, excise, gross receipts, transaction or similar
taxes, fees or surcharges ("Tax" or "Taxes"). Taxes resulting from the
performance of this Agreement shall be borne by the Part upon which
the obligation for payment is imposed under Applicable Law, even if
the obligation to collect and remit such Taxes is placed upon the other
Party. However, where the selling Party is specifically permitted by an
Applicable Law to collect such Taxes from the purchasing Party, such
Taxes shall be borne by the Party purchasing the services. Each Party
is responsible for any tax on its corporate existence, status or income.
Taxes shall be billed as a separate item on the invoice in accordance
with Applicable Law. The Party Biling such Taxes shall, at the written
request of the Part billed, provide the billed Party with detailed
information regarding billed Taxes, including the applicable Tax
jurisdiction, rate, and base upon which the Tax is applied. If either
Party (the Contesting Part) contests the application of any Tax
collected by the other Party (the Collecting Party), the Collecting Party
shall reasonably cooperate in good faith with the Contesting Part's
challenge, provided that the Contesting Part pays any reasonable
costs incurred by the Collecting Party. The Contesting Party is entitled
to the benefit of any refund or recovery resulting from the contest,
provided that the Contesting Part has paid the Tax contested. If the
purchasing Party provides the selling Party with a resale or other
exemption certificate, the selling Party shall exempt the purchasing
Party if the purchasing Part accepts the certificate in good faith. If a
Party becomes aware that any Tax is incorrectly or erroneously
collected by that Part from the other Part or paid by the other Party
to that Party, that Party shall refund the incorrectly or erroneously
collected Tax or paid Tax to the other Party.
6.3 Each Party shall be solely responsible for all taxes on its
own business, the measure of which is its own net income or net worth
IO--COS-OS0303-0003
NM--COS-OS0303-000S
WA--CDS-OS0303-00 13
IA--COS-OS0303-0004
NO--COS-OS0303-0009
WY --CDS-OS0303-00 14
MN--COS-OS0303-0005
OR--COS-080303-0010
Page 2 of 11
and shall be responsible for any related tax filings, payment, protest,
audit and litigation. Each Party shall be solely responsible for the
Billing, collection and proper remittance of all applicable Taxes relating
to its own services provided to its own Customers.
7. Intellectual Property.
7.1 Except for a license to use any facilities or equipment
(including software) solely for the purposes of this Agreement or to
receive Service solely as provided in this Agreement or as specifically
required by the then.applicabie federal rules and regulations relating to
Services provided under this Agreement, nothing contained within this
Agreement shall be construed as the grant of a license, either express
or implied, with respect to any patent, copyright, trade name,
trademark, service mark, trade secret, or other proprietary interest or
intellectual property, now or hereafter owned, controlled or licensable
by either Party. Neither Party may use any patent, copyright, trade
name, trademark, service mark, trade secret, nor other proprietary
interest or intellectual property, now or hereafter owned, controlled or
licensable by either Party without execution of a separate written
agreement between the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each Party (an Indemnifying Party) shall indemnify and
hold the other Party (an Indemnified Party) harmless from and against
any loss, cost, expense or liability arising out of a claim that the
services provided by the Indemnifying Party provided or used pursuant
to the terms of this Agreement misappropriate or otherwise violate the
intellectual property rights of any third party. The obligation for
indemnification recited in this paragraph shall not extend to
infringement which results from:
A. any combination of the facilities or services of the
Indemnifying Party with facilities or services of any other Person
(including the Indemnified Party but excluding the IndemnifyingParty and any of its Affiliates), which combination is not made by
or at the direction of the Indemnifying Party or is not reasonably
necessary to CLEC's use of the Services offered by Owest under
this Agreement; or
B. any modification made to the facilities or services of the
Indemnifying Party by, on behalf of, or at the request of the
Indemnified Party and not required by the Indemnifying Party.
7.3 In the event of any claim, the Indemnifying Party may, at its
sole option obtain the right for the Indemnified Party to continue to use
the facility or service; or replace or modify the facility or service to
make such facility or service non-infringing.
7.4 If the Indemnifying Party is not reasonably able to obtain the
right for continued use or to replace or modify the facility or service as
provided above and either the facility or service is held to be infringing
by a court of competent jurisdiction; or the Indemnifying Party
reasonably believes that the facility or service will be held to infringe,
the Indemnifying Party will notify the Indemnified Party and the Parties
will negotiate in good faith regarding reasonable modifications to this
Agreement necessary to mitigate damage or comply with an injunction
which may result from such infringement; or allow cessation of further
infringement.
7.5 The Indemnifying Party may request that the Indemnified
Party take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting
modifications to the facilities or services, and such request shall not be
unreasonably denied.
March 3, 200S/lhd1TNCI
AZ --CDS-OS0303-000 1 CO--CDS-OS0303-0002
MT --CDS-OS0303-0a06 NE--CDS-OS0303-0007
SD--CDS-OS0303-00 11 UT --CDS-OS0303-00 12
Owest OLSpTM MSA - (v4.0 - 11-16-07)
ID--CDS-OS0303-0003
NM--CDS-OS0303-000S
WA--CDS-OS0303-0013
7.6 To the extent required under applicable federal and state
law, Owest shall use commercially reasonable efforts to obtain, from its
vendors who have licensed intellectual property rights to Owest in
connection with Services provided hereunder, licenses under such
intellectual property rights as necessary for CLEC to use such Services
as contemplated hereunder and at least in the same manner used by
Owest for the Services provided hereunder. Owest shall notify CLEC
immediately in the event that Owest believes it has used its
commercially reasonable efforts to obtain such rights, but has been
unsuccessful in obtaining such rights. Nothing in this subsection shall
be construed in any way to condition, limit, or alter a Part's
indemnification obligations under Section 7.2, preceding.
7.7. Neither Party shall without the express written permission of the
other Party, state or imply that it is connected, or in any way affiliated
with the other or its Affiliates; it is part of a joint business association or
any similar arrangement with the other or its Affiliates; the other Party
and its Affiliates are in any way sponsoring, endorsing or certifying it
and its goods and services; or with respect to its marketing, advertising
or promotional activities or materials, the services are in any way
associated with or originated from the other Party or any of its
Affiliates.
7.S Nothing in this Section prevents either Party from truthfully
describing the Services it uses to provide service to its End User
Customers, provided it does not represent the Services as originating
from the other Party or its Affiliates or otherwise attempt to sell its End
User Customers using the name of the other Party or its Affilates.
7.9 Because a breach of the material provisions of this Section 7
may cause irreparable harm for which monetary damages may be
inadequate, in addition to other available remedies, the non-breaching
Party may seek injunctive relief.
8. Financial Responsibilty, Payment and Security.
S.1 Payment Obligation. Amounts payable under this
Agreement are due and payable within thirty (30) Days after the date of
invoice ("Payment Due Date"). If the Payment Due Date falls on a
Sunday or on a holiday which is observed on a Monday, the payment
date will be the first non holiday day following such Sunday or holiday.
If such a payment date falls on a Saturday or on a holiday which is
observed on Tuesday, Wednesday, Thursday or Friday, the payment
date shall be the last non holiday day preceding such Saturday or
holiday. For invoices distributed electronically, the date of the invoice
date is the same as if the invoice were biled on paper, not the date the
electronic delivery occurs. If CLEC fails to make payment on or before
the Payment Due Date, Owest may invoke all available rights and
remedies.
S.2 Cessation of Order Processing. Owest may discontinue
processing orders for Services for the failure of CLEC to make full
payment for Services, less any good faith disputed amount as provided
for in this Agreement, within thirty (30) Days following the Payment
Due Date provided that Owest has first notified CLEC in writing at least
ten (10) business days prior to discontinuing the processing of orders
for Services. If Owest does not refuse to accept additional orders for
Services on the date specified in the ten (10) business days notice,
and CLEC's non-compliance continues, nothing contained herein shall
preclude Owests right to refuse to accept additional orders for
Services from CLEC without further notice. For order processing to
resume, CLEC wil be required to make full payment of all past-due
charges for Services not disputed in good faith under this Agreement,
and Owest may require a deposit (or recalculate the deposit) pursuant
to Section 8.5. In addition to other remedies that may be available at
law or equity, Owest reserves the right to seek equitable relief
including injunctive relief and specific performance.
IA--CDS-OS0303-0004
ND--CDS-080303-0009
WY --CDS-080303-0014
MN--CDS-080303-0005
OR--CDS-080303-0010
Page 2 of 11
8.3 Disconnection. Owest may disconnect any Services
provided under this Agreement for failure by CLEC to make full
payment for such Services, less any good faith disputed amount as
provided for in this Agreement, within sixty (60) Days following the
Payment Due Date provided that Owest has first notified CLEC in
writing at least ten (10) business days prior to disconnecting Services.
CLEC will pay the applicable charge set forth in the Rate Sheet
required to reconnect Services for each End User Customer
disconnected pursuant to this paragraph. In case of such
disconnection, all applicable undisputed charges, including termination
charges, will become due. If Owest does not disconnect CLEC's
Service on the date specified in the ten (10) business days notice, and
CLEC's noncompliance continues, nothing contained herein shall
preclude Owests right to disconnect any or all Services. For
reconnection of the Service to occur, CLEC will be required to make
full payment of all past and current undisputed charges under this
Agreement for Services and Owest may require a deposit (or
recalculate the deposit) pursuant to Section 8.5. In addition to other
remedies that may be available at law or equity, each Party reserves
the right to seek equitable relief, including injunctive relief and specific
penormance. Notwithstanding the foregoing, Owest will not effect a
disconnection pursuant to this section in such manner that CLEC may
not reasonably comply with Applicable Law concerning End User
Custorner disconnection and notification, provided that, the foregoing is
subject to CLEC's reasonable diligence in effecting such compliance.
8.4 Billing Disputes. Should CLEC dispute, in good faith, and
withhold payrnent on any portion of the charges under this Agreement,
CLEC will notify Owest in writing within fifteen (15) Days following the
Payment Due Date identifying the amount, reason and rationale of
such dispute. At a minimum, CLEC will pay all undisputed amounts
due to Owest. Both CLEC and Owest agree to expedite the
investigation of any disputed amounts, promptly provide reasonably
requested documentation regarding the amount disputed, and work in
good faith in an effort to resolve and settle the dispute through informal
means prior to invoking any other rights or rernedies.
A. If CLEC disputes charges and does not pay such charges by
the Payment Due Date, such charges rnay be subject to late
payment charges. If the disputed charges have been withheld
and the dispute is resolved in favor of Owest, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bill Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing further dispute resolution. If the
disputed charges have been withheld and the dispute is resolved
in favor of CLEC, Owest will credit CLEC's bil for the arnount of
the disputed charges and any late payment charges that have
been assessed no later than the second Bill Date after the
resolution of the dispute.
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 àt any time
thereafter, and the dispute is resolved in favor of the CLEC,
Owest will adjust the Billing, usually within two Billing cycles after
the resolution of the dispute, as follows: Owest will credit the
CLEC's bill for the disputed amount and any associated interest;
or if the disputed amount is greater than the bill to be credited,
pay the remaining amount to CLEC.
C. The interest calculated on the disputed amounts will be the
same rate as late payment charges. In no event, however, will
any late payment charges be assessed on any previously
assessed late payment charges.
March 3, 2008/lhd1TNCI
AZ--CDS-080303-0001 CO--CDS-080303-0002
MT--CDS-080303-0006 NE--CDS-080303-0007
SD--CDS-080303.0011 UT--CDS-080303-0012
Owest OLSpTM MSA - (v4.0 - 11-16-07)
D. If CLEC fails to dispute a rate or charge within 60 Days
following the invoice date on which the rate or charge appeared,
adjustment will be made on a going-forward basis only, beginning
with the date of the dispute.
8.5 Security Deposits. In the event of a material adverse
change in CLEC's financial condition subsequent to the Effective Date
of the Agreement, Owest may request a security deposit. A "material
adverse change in financial condition" means CLEC is a new CLEC
with no established credit history, or is a CLEC that has not
established satisfactory credit with Owest, or the Party is repeatedly
delinquent in making its payments, or is being reconnected after a
disconnection of Service or discontinuance of the processing of orders
by Owest due to a previous failure to pay undisputed charges in a
timely rnanner. Owest may require a deposit to be held as security for
the payment of charges before the orders from CLEC will be
provisioned and completed or before reconnection of Service.
"Repeatedly Delinquent" means any payment of a material amount of
total monthly Billing under the Agreement received after the Payment
Due Date, three (3) or more times during the last twelve (12) month
period. The initial deposit may not exceed the estimated total monthly
charges for a two (2) month period based upon recent Billing. The
deposit may be an irrevocable bank letter of credit, a letter of credit
with terms and conditions acceptable to Owest, or some other form of
mutually acceptable security such as a cash deposit. The deposit may
be adjusted by CLEC's actual monthly average charges, payment
history under this Agreement, or other relevant factors, but in no event
will the security deposit exceed five million dollars ($5,000,000.00).
Required deposits are due and payable within thirty (30) Days after
demand and non-payment is subject to 8.2 and 8.3 of this Section.
8.6 Interest on Deposits. Any interest earned on cash deposits
will be credited to CLEC in the arnount actually earned or at the rate
set forth in Section 8.7 below, whichever is lower, except as otherwise
required by law, provided that, for elimination of doubt, the Parties
agree that such deposits are not subject to state laws or regulations
relating to consumer or End User Customer cash deposits. Cash
deposits and accrued interest, if applicable, will be credited to CLEC's
account or refunded, as appropriate, upon the earlier of the expiration
of the term of the Agreernent or the establishment of satisfactory credit
with Owest, which will generally be one full year of timely payments of
undisputed amounts in full by CLEC. Upon a material change in
financial standing, CLEC may request, and Owest will consider, a
recalculation of the deposit. The fact that a deposit has been made
does not relieve CLEC from any requirements of this Agreement.
8.7 Late Payment Charge. If any portion of the payment is
received by Owest after the Payment Due Date, or if any portion of the
payment is received by Owest in funds that are not immediately
available, then a late payment charge wil be due to Owest. The late
payment charge is the portion of the payment not received by the
Payment Due Date multiplied by a late factor. The late factor is the
lesser of the highest interest rate (in decimal value) which may be
levied by law for commercial transactions, compounded daily for the
number of Days from the Payment Due Date to and including the date
that the CLEC actually makes the payment to Owest; or 0.000407 per
Day, compounded daily for the number of Days from the Payment Due
Date to and including the date that the CLEC actually makes the
payment to Owest.
9. Conversions. If CLEC is obtaining services from
Owest under an arrangement or agreement that includes the
application of termination liability 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 wil not be
delayed due to the applicability of TLA or minimum period charges.
The applicability of such charges is governed by the terms of the
I D--CDS-080303-0003
NM--CDS-080303-0008
WA--CDS-080303-00 13
IA--CDS-080303-0004
ND--CDS-080303-0009
WY --CDS.080303-00 14
MN--CDS-080303-0005
OR.-CDS-080303-0010
Page 3 of 11
original agreement, Tariff or arrangement. Nothing herein will be
construed as expanding the rights otherwise granted by this
Agreement or by law to elect to make such conversions.
10. Customer Contacts. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' service
needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble reports,
repair, post-sale servicing, Billing, collection and inquiry. CLEC will
inform its End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contacting Owest wil be
instructed to contact CLEC, and Owests End User Customers
contacting CLEC will be instructed to contact Owest. In responding to
calls, neither Party will make disparaging remarks about each other.
To the extent the correct provider can be determined, misdirected calls
received by either Party will be referred to the proper provider of Local
Exchange Service; however, nothing in this Agreement shall be
deemed to prohibit Owest or CLEC from discussing its products and
services with CLEC's or Owests End' User Customers who call the
other Party.
10.1 In the event Owest terminates Service to CLEC for any
reason, CLEC will provide any and all necessary notice to its End User
Customers of the termination. In no case will Owest be responsible for
providing such notice to CLEC's End User Customers.
11. Default and Breach. If either Party defaults in the payment
of any amount due hereunder, or if either Party violates any other
material provision of this Agreement and such default or violation
continues for thirty (30) Days after written notice thereof, the other
Party may terminate this Agreement and seek relief in accordance with
the Dispute Resolution provision, or any remedy under this Agreement.
12.Limitation of Liability.
12.1 CLEC's exclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwise limited by this Agreement to outage credits or other
service credits, in which case Owests total liability will not exceed the
aggregate amount of any applicable credits due.
12.2 Except for indemnification and payment obligations under
this Agreement, neither Party shall be liable to the other for indirect,
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, lost revenues, lost
savings suffered by the other Party regardless of the form of action,
whether in contract, warranty, strict liability, tort, including, without
limitation, negligence of any kind and regardless of whether the Parties
know the possibility that such damages could result.
12.3 Nothing contained in this Section shall limit either Party's
liability to the other for willful misconduct, provided that, a Party's
liability to the other Party 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 charged by
Owest to CLEC under the Agreement.
13. Indemnity.
13. 1 The Parties agree that unless otherwise specifically set forth
in this Agreement the following constitute the sole indemnification
obligations between and among the Parties:
A. Each Party (the Indemnifying Party) agrees to release,
indemnify, defend and hold harmless the other Party and each of
its officers, directors, employees and agents (each an Indemnitee)
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MT--CDS-080303-0006 NE--CDS-080303-0007
SD--CDS-080303-0011 UT--CDS-080303-0012
Owest OLSpTM MSA - (v4.0 - 11-16-07)
ID--CDS-080303-0003
NM--CDS-080303-0008
WA--CDS-080303-0013
from and against and in respect of any loss, debt, liability,
damage, obligation, claim, demand, judgment or settlement of any
nature or kind, known or unknown, liquidated or unliquidated
including, but not limited to, reasonable costs and expenses
(including attorneys' fees), whether suffered, made, instituted, or
asserted by any Person or entity, for invasion of privacy, bodily
injury or death of any Person or Persons, or for loss, damage to,
or destruction of tangible propert, whether or not owned by
others, resulting from the Indemnifying Party's breach of or failure
to perform under this Agreement, regardless of the form of action,
whether in contract, warranty, strict liability, or tort including
(without limitation) negligence of any kind.
B. In the case of claims or loss alleged or incurred by an End
User Customer of either Party arising out of or in connection with
Services provided to the End User Customer by the Party, the
Party whose End User Customer alleged or incurred such claims
or loss (the Indemnifying Party) shall defend and indemnify the
other Party and each of its officers, directors, employees and
agents (collectively the Indemnified Party) against any and all
such claims or loss by the Indemnifying Party's End User
Customers regardless of whether the underlying Service was
provided or was provisioned by the Indemnified Party, unless the
loss was caused by the gross negligence or willful misconduct of
the Indemnified Party. The obligation to indemnify with respect to
claims of the Indemnifying Party's End User Customers shall not
extend to any claims for physical bodily injury or death of any
Person or persons, or for loss, damage to, or destruction of
tangible property, whether or not owned by others, alleged to
have resulted directly from the negligence or intentional conduct
of the employees, contractors, agents, or other representatives of
the Indemnified Party.
13.2 The indemnification provided herein is conditioned upon:
A. The Indemnified Party will promptly notify the Indei¡nifying
Party of any action taken against the Indemnified Party relating to
the indemnification. Failure to so notify the Indemnifying Party will
not relieve the Indemnifying Party of any liability that the
Indemnifying Party might have, except to the extent that such
failure prejudices the Indemnifying Party's ability to defend such
claim.
B. If the Indemnifying Party wishes to defend against such
action, it will give written notice to the Indemnified Party of
acceptance of the defense of such action. In such event, the
Indemnifying Party has sole authority to defend any such action,
including the selection of legal counsel, and the Indemnified Party
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifying Party does not
accept the defense of the action, the Indemnified Party has the
right to employ counsel for such defense at the expense of the
Indemnifying Party. Each Party agrees to cooperate with the
other Party in the defense of any such action and the relevant
records of each Party will be available to the other Party with
respect to any such defense.
C. In no event wil the Indemnifying Party settle or consent to
any judgment for relief other than monetary damages pertaining
to any such action' without the prior written consent of the
Indemnified Party. In the event the Indemnified Party withholds
consent the Indemnified Party may, at its cost, take over such
defense, provided that, in such event, the Indemnifying Party shall
not be responsible for, nor shall it be obligated to indemnify the
relevant Indemnified Party against, any cost or liability in excess
of such refused compromise or settlement.
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14. Limited Warranties.
14.1 Each Party will provide suitably qualified personnel to perform this
Agreement and all Services hereunder in a good and workmanlike
manner and in material conformance with all Applicable Laws and
regulations.
14.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
OW EST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED
HEREUNDER. OWEST SPECIFICALLY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
15. Relationship. Except to the limited extent expressly
provided in this Agreement neither Party has the authority to bind the
other by contract or otherwise or make any representations or
guarantees on behalf of the other or otherwise act on the other's
behalf; and the relationship arising from this Agreement does not
constitute an agency, joint venture, partnership, employee relationship,
or franchise.
16. Assignment.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior written consent of Owest, which
consent will not be unreasonably withheld. Notwithstanding the
foregoing and subject to the prior credit review, submission of
appropriate legal documentation (including, but not limited, to any
appropriate Secretary of State or other filings or documents specified
by Owest and approval by Owest of CLEC's proposed assignee. CLEC
may assign this Agreement without prior written consent of Owest to
any Affiliate, successor through merger, or acquirer of substantially all
of its assets; and Owest may assign this Agreement without prior
written consent to alì Affiliate, successor through merger, or acquirer
of substantially all of its business assets; provided that in all cases the
assignee of CLEC or Owest, as applicable, acknowledge in writing its
assumption of the obligations of the assignor hereunder. Any
attempted assignment in violation hereof is of no force or effect and is
void. Without limiting the generality of the foregoing, this Agreement
will be binding the Parties' respective successors and assigns.
16.2 In the event that Owest transfers to any unaffiliated party
exchanges including End User Customers that CLEC serves in whole
or in part through Services provided by Owest under this Agreement,
Owest will ensure that the transferee serve as a successor to and fully
perform all of Owests responsibilities and obligations under this
Agreement for a period of ninety (90) Days from the effective date of
such transfer or until such later time as the FCC may direct pursuant to
the FCC's then applicable statutory authority to impose such
responsibilities either as a condition of the transfer or under such other
state statutory authority as may give it such power. In the event of
such a proposed transfer, Owest will use best efforts to faciltate
discussions between CLEC and the transferee with respect to
transferee's assumption of Owests obligations after the above-stated
transition period pursuant to the terms of this Agreement.
17. Reporting Requirements. If reporting obligations or
requirements are imposed upon either Party by any third party or
regulatory agency in connection with either this Agreement or the
Services, including use of the Services by CLEC or its End Users, the
other Party agrees to assist that Party in complying with such
obligations and requirements, as reasonably required by that Party.
March 3, 200S/lhd1TNCI
AZ--CDS-OS0303-0001 CO--CDS-OS0303-0002
MT--CDS-OS0303-0006 NE--CDS-OS0303-0007
SD--CDS-OS0303-0011 UT--CDS-OS0303-0012
Owest OLSpTM MSA - (v4.0 - 11-16-07)
1D--CDS-080303-0003
NM--CDS-080303-000S
WA--CDS-080303-0013
18. SurvivaL. The expiration or termination of this Agreement
does not relieve either Party of those obligations that by their nature
are intended to survive.
19. ConfidentialitY! Nondisclosure.
19.1 Neither Part will, without the prior written consent of the
other Party issue any public announcement regarding, or make any
other disclosure of the terms of, this Agreement; or disclose or use
(except as expressly permitted by, or required to achieve the purposes
of, this Agreement) the Confidential Information of the other Part.
Consent may only be given on behalf of a Part by its Legal
Department. However, a Party may disclose Confidential Information if
required to do so by a governmental agency, by operation of law, or if
necessary in any proceeding to establish rights or obligations under
this Agreement, provided that the disclosing Party gives the non-
disclosing Party reasonable prior written notice. Notwithstanding the
foregoing, if reporting or filing obligations or requirements are imposed
upon Owest by any third party or regulatory agency in connection with
this Agreement, CLEC agrees to assist Owest in complying with such
obligations and requirements, as reasonably required by Owest and to
hold Owest harmless for any failure by CLEC in this regard. Owests
compliance with any regulatory filing obligation will not constitute a
violation of this section.
19.2 All Confidential Information will remain the property of the
disclosing Party. A Party who receives Confidential Information via an
oral communication may request written confirmation that the material
is Confidential Information. A Party who delivers Confidential
Information via an oral communication may request written
confirmation that the Party receiving the information understands that
the material is Confidential Information. Each Party has the right to
correct an inadvertent failure to identify information as Confidential
Information by giving written notification within thirty (30) Days after the
information is disclosed. The receiving Party will from that time
forward, treat such information as Confidential Information.
19.3 Upon request by the disclosing Party, the receiving Party will
return all tangible copies of Confidential Information, whether written,
graphic or otherwise, except that the receiving Party may retain one
copy for archival purposes.
19.4 Each Party will keep all of the other Party's Confidential
Information confidential and will disclose it on a need to know basis
only. Each Party will use the other Party's Confidential Information
only in connection with this Agreement and in accordance with
Applicable Law. Neither Party will use the other Party's Confidential
Information for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in writing. If
either Party loses, or makes an unauthorized disclosure of, the other
Party's Confidential Information, it will notify such other Party
immediately and use reasonable efforts to retrieve the information.
19.5 Effective Date of this Section. Notwithstanding any other
provision of this Agreement, the Confidential Information provisions of
this Agreement apply to all information furnished by either Party to the
other in furtherance of the purpose of this Agreement, even if furnished
before the Effective Date.
19.6 Each Party agrees that the disclosing Party could be
irreparably injured by a breach of the confidentiality obligations of this
Agreement by the receiving Part or its representatives and that the
disclosing Party is entitled to seek equitable relief, including injunctive
relief and specific performance in the event of any breach of the
confidentiality provisions of this Agreement. Such remedies are not
the exclusive remedies for a breach of the confidentiality provisions of
this Agreement, but are in addition to all other remedies available at
law or in equity.
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Page 5 of 11
19.7 Nothing herein should be construed as limiting either Party's
rights with respect to its own Confidential Information or its obligations
with respect to the other Party's Confidential Information under Section
222 of the Act.
20. Waiver. Except as otherwise provided herein, neither
Party's failure to enforce any right or remedy available to it under this
Agreement will be construed as a waiver of such right or a waiver of
any other provision hereunder.
21. Regulatory Approval. Each Party reserves its rights with
respect to whether this Agreement is subject to Sections 251 and 252
of the Act. In the event the FCC, a state commission or any other
governmental authority or agency rejects or modifies any material
provision in this Agreement, either Party may immediately upon written
notice to the other Party terminate this Agreement. If a Party is
required by a lawful, binding order to file this Agreement or a provision
thereof with the FCC or state regulatory authorities for approval or
regulatory review, the filing Party shall provide written notice to the
other Party of the existence of such lawful, binding order so that the
other Party may seek an injunction or other relief frorn such order. In
addition, the filing Party agrees to reasonably cooperate to amend and
make modifications to the Agreement to allow the filing of the
Agreement or the specific part of the Agreement affected by the order
to the extent reasonably necessary.
22. Notices. Any notices required by or concerning this
Agreement will be in writing and will be sufficiently given if delivered
personally, delivered by prepaid overnight express service, sent by
facsimile with electronic confirmation, or sent by certified mail, return
receipt requested, or by email where specified in this Agreement to
Owest and CLEC at the addresses shown on the cover sheet of this
Agreement.
23. Force Majeure. Neither Party shall be liable for any delay
or failure in performance of any part of this Agreement from any cause
beyond its control and without its fault or negligence including, without
limitation, acts of nature, acts of civil or military authority, government
regulations, embargoes, epidemics, terrorist acts, riots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, power blackouts, volcanic action, other major
environmental disturbances, or unusually severe weather conditions
(collectively, a Force Majeure Event). Inability to secure products orservices of other Persons or transportation facilities or acts or
omissions of transportation carriers shall be considered Force Majeure
Events to the extent any delay or failure in performance caused by
these circumstances is beyond the Party's control and without that
Party's fault or negligence. The Party affected by a Force Majeure
Event shall give prompt notice to the other Party, shall be excused
from performance of its obligations hereunder on a day to day basis to
the extent those obligations are prevented by the Force Majeure
Event, and shall use reasonable efforts to remove or mitigate the
Force Majeure Event. In the event of a labor dispute or strike the
Parties agree to provide Service to each other at a level equivalent to
the level they provide themselves.
24. Governing Law. Colorado state law, without regard to
choice-of-law principles, governs all matters arising out of, or relating
to, this Agreement.
25. Dispute Resolution.
25.1 The Parties will attempt in good faith to resolve through
negotiation any dispute, claim or controversy arising out of, or relating
to, this Agreement. Either Party may give written notice to the other
Party of any dispute not resolved in the normal course of business.
Each Party will within seven (7) Days after delivery of the written notice
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MT--CDS-080303-0006 NE--CDS-080303-0007
SD--CDS-080303-0011 UT--CDS-080303-0012
Owest OLSpTM MSA - (v4.0 - 11-16-07)
ID--CDS-080303-0003
NM--CDS-080303-0008
WA--CDS-080303-0013
of dispute, designate a vice-president level employee or a
representative with authority to make commitments to review, meet,
and negotiate, in good faith, to resolve the dispute. The Parties intend
that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, frequency, duration, and
conclusions of these discussions will be at the discretion 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 purposes of these
negotiations will be treated as Confidential Information developed for
purposes of settlement, and will be exempt from discovery and
production, and are not admissible in any subsequent proceedings
without the concurrence of both Parties.
25.2 If the designated representatives have not reached a
resolution of the dispute within fifteen (15) Days after the written notice
(or such longer period as agreed to in writing by the Parties), then
either Party may commence a civil action. Any action will be brought in
the United States District Court for the District of Colorado if it has
subject matter jurisdiction over the action, and shall otherwise be
brought in the- Denver District Court for the State of Colorado. The
Parties agree that such courts have personal jurisdiction over them.
25.3 Waiver of Jury Trial and Class Action. Each Party, to the
extent permitted by law, knowingly, voluntarily, and intentionally waives
its right to a trial by jury and any right to pursue any claim or action
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity
25.4 No cause of action regardless of the form of action, arising
out of, or relating to this Agreement, may be brought by either Party
more than two (2) years after the cause of action arises.
26. Headings. The headings used in this Agreement are for
convenience only and do not in any way limit or otherwise affect the
meaning of any.ærms of this Agreement.
27. Authorization. Each Party represents and warrants that
A. the full legal name of the legal entity intended to provide and
receive the benefits and Services under this Agreement is
accurately set forth herein;
B. the person signing this Agreement has been duly authorized
to execute this Agreement on that.Party's behalf;
C. the execution hereof is not in conflict with law, the terms of
any charter, bylaw, articles of association, or any agreement to
which such Part is bound or affected; and
D. each Party may act in reliance upon any instruction,
instrument, or signature reasonably believed by it to be authorized
and genuine.
28. Third Party Beneficiaries. The' terms, representations,
warranties and agreements of the Parties set forth in this Agreement
are not intended for, nor wil they be for the benefit of or enforceable
by, any third party (including, without limitation, Customer's Affilates
and End Users).
29. Insurance. Each Party shall at all times during the term of
this Agreement, at its own cost and expense, carry and maintain the
insurance coverage listed below with insurers having a "Best's" rating
of B+XIII with respect to liability arising from its operations for which
that Party has assumed legal responsibility in this Agreement. If a
Party or its parent company has assets equal to or exceeding
$10,000,000,000, that Party may utilize an Affiliate captive insurance
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Page 6 of 11
company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Party is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Section, to the extent its affiiated Party
fails to meet such obligations.
29.1 Workers' Compensation with statutory limits as required in
the state of operation and Employers' Liability insurance with limits of
not less than $100,000 each accident.
29.2 Commercial General Liabiliy insurance covering claims for
bodily injury, death, personal injury or property damage, including
coverage for independent contractor's protection (required if any work
will be subcontracted), products and/or completed operations and
contractual liability with respect to the liability assumed by each Party
hereunder. The limits of insurance shall not be less than $1,000,000
each occurrence and $2,000,000 general aggregate limit.
29.3 "All Risk" Property coverage on a full replacement cost basis
insuring all of such Party's personal property situated on or within the
Premises.
29.4 Each Party 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 Party as an additional insured under
commercial general liability coverage;
B. provide thirty (30) Days prior written notice of cancellation of,
material change or exclusions in the policy(s) to which
certificate(s) relate;
C. indicate that coverage is primary and not excess of, or
contributory with, any other valid and collectible insurance
purchased by such Party; and
D. acknowledge severability of interest/cross liability coverage.
30. Communications Assistance Law Enforcement Act of
1994. Each Party represents and warrants that any equipment,
facilities or Services provided to the other Party under this Agreement
comply with the CALEA. Each Party will indemnify and hold the other
Party harmless from any and all penalties imposed upon the other
Party for such noncompliance and will at the non-compliant Party's
sole cost and expense, modify or replace any equipment, facilities or
Services provided to the other Party under this Agreement to ensure
that such equipment, facilities and Services fully comply with CALEA.
31. Entire Agreement. This Agreement (including all
Attachments, Rate Sheets, and other documents referred to herein)
constitutes the full and entire understanding and agreement between
the Parties with regard to the subjects of this Agreement and
supersedes any prior understandings, agreements, or representations
by or between the Parties, written or oral, including but not limited to,
any term sheet or memorandum of understanding entered into by the
Parties, to the extent they relate in any way to the subjects of this
Agreement. Notwithstanding the foregoing, certain elements used in
combination with the Service provided under this Agreement are
provided by Owest to CLEC under the terms and conditions of ICAs
and/or SGATs, where CLEC has opted into an -SGAT as its
Interconnection Agreement ("ICA"), and nothing contained herein is
intended by the Parties to amend, alter, or otherwise modify those
terms and conditions.
32. Proof of Authorization.
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SD--CDS-080303-0011 UT --CDS-080303-0012
Owest OLSpTM MSA - (v4.0 - 11-16-07)
ID--CDS-080303-0003
NM--CDS-080303-0008
WA--CDS-080303-0013
32.1 Each Party shall be responsible for obtaining and
maintaining Proof of Authorization (POA), as required by applicable
federal and state law, as amended from time to time.
32.2 Each Party will make POAs available to the other Party upon
request. In the event of an allegation of an unauthorized change or
unauthorized service in accordance with all Applicable Laws and rules,
the Party charged with the alleged infraction shall be responsible for
resolving such claim, and it shall indemnify and hold harmless the
other Party for any losses, damages, penalties, or other claims in
connection with the alleged unauthorized change or service.
33. General Terms.
33.1 Owest will provide general repair and maintenance services
on its facilities, including those facilities supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Owest.
33.2 In order to maintain and modernize the network properly,
Owest may make necessary modifications and changes to its network
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Network maintenance and modernization
activities will result in transmission parameters that are within
transmission limits of the Service ordered by CLEC. Owest will provide
advance notice of changes that affect network Interoperability pursuant
to applicable FCC rules.
33.3 Network Security.
A. Protection of Service and Propert. Each Party will exercise
the same degree of care to prevent harm or damage to the other
Party and any third parties, its employees, agents or End User
Customers, or their property as it employs to protect its own
personnel, End User Customers and property, etc., but in no case
less than a commercially reasonable degree of care.
B. Each Party is responsible to provide security and privacy of
communications. This entails protecting the confidential nature of
Telecommunications transmissions between End User Customers
during technician work operations and at all times. Specifically,
no employee, agent or representative shall monitor any circuits
except as required to repair or provide Service of any End User
Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or
who participated in such communications or even that such
communication has taken place. Violation of such security may
entail state and federal criminal penalties, as well as civil
penalties. CLEC is responsible for covering its employees on
such security requirements and penalties.
C. The Parties' networks are part of the national security
network, and as such, are protected by federal law. Deliberate
sabotage or disablement of any portion of the underlying
equipment used to provide the network is a violation of federal
statutes with severe penalties, especially in times of national
emergency or state of war. The Parties are responsible for
covering their employees on such security requirements and
penalties.
D. Owest shall not be liable for any losses, damages or other
claims, including, but not limited to, uncollectible or unbilable
revenues, resulting from accidental, erroneous, malicious,
fraudulent or otherwise unauthorized use of Services or faciliies
('Unauthorized Use"), whether or not such Unauthorized Use
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Page 7 of 11
could have been reasonably prevented by Owest, except to the
extent Owest has been notified in advance by CLEC of theexistence of such Unauthorized Use, and fails to take
commercially reasonable steps to assist in stopping or preventing
such activity.
33.4. Construction. Owest will provide necessary construction
only to the extent required by Applicable Law.
33.5. Individual Case Basis Requests. CLEe may request
additional Services not specified in this Agreement and Owest will
consider such requests on an Individual Case Basis ("ICB").
33.6. Responsibility For Environmental Contamination.
A. Neither Party shall be liable to the other for any costs
whatsoever resulting from the presence or release of any
Environmental Hazard that either Party did not introduce to the
affected work location. Both Parties shall defend and hold
harmless the other, its officers, directors and employees from and
against any losses, damages, claims, demands, suits, liabilities,
fines, penalties and expenses (including reasonable attorneys'
fees) that arise out of or result from:
1. any Environmental Hazard that the Indemnifying Party,
its contractors or agents introduce to the work locations; or
2. the presence or release of any Environmental Hazard
for which the Indemnifying Party is responsible under
Applicable Law.
B. In the event any suspect materials within Owest-owned,
operated or leased facilities are identified to CLEC by Owest to be
asbestos containing, CLEC will ensure that to the extent any
activities which it undertakes in the facility disturb such suspect
materials, such CLEC activities will"Üe in accordance with
applicable local, state and federal environmental and health and
safety statutes and regulations. Except for abatement activities
undertaken by CLEC or equipment placement activities that result
in the generation of asbestos-containing material, CLEC does not
have any responsibility for managing, nor is it the owner of, nor
does it have any liability for, or in connection with, any asbestos-
containing materiaL. Owest agrees to immediately notify CLEC if
Owest undertakes any asbestos control or asbestos abatement
activities that potentially could affect CLEC personnel, equipment
or operations, including, but not limited to, contamination of
equipment.
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AZ --CDS-080303-000 1 CO--CDS-080303-0002
MT --CDS-080303-0006 NE--CDS-080303-0007
SD--CDS-080303-0011 UT--CDS-080303-0012
Owest OLSpTM MSA - (v4.0 - 11-16-07)
ID--CDS-080303-0003
NM--CDS-080303-0008
WA--CDS-080303-0013
IA--CDS-080303-0004
ND--CDS-080303-0009
WY --CDS-080303-00 14
MN--CDS-080303-0005
OR--CDS-080303-0010
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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. seq.), as
amended.
"Advanced Intelligent Network" or "AIN" is a Telecommunications network
architecture in which call processing, call routing and network management
are provided by means of centralized databases.
"Affiliate" means a Person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the term 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 percent.
"Automatic Location Identification" or "ALI" is the automatic display at the
Public Safety Answering Point of the caller's telephone number, the
address/location of the telephone and supplementary emergency services
information for Enhanced 911 (E911).
"Applicable Law" means all laws, statutes, common law including, but not
limited to. the Act. the regulations, rules, and final orders of the FCC, a
state regulatory authority, and any final orders and decisions of a court of
competent jurisdiction reviewing the regulations, rules, or orders of the
FCC or a state regulatory authority.
"Bil Date" means the date on which a Billing period ends, as identified on
the bilL
"Billing" involves the provision of appropriate usage data by one
Telecommunications Carrier to another to facilitate Customer Billing with
attendant acknowledgments and status reports. It also involves the
exchange of information between Telecommunications Carriers to process
claims and adjustments
"Carrier" or "Common Carrier" See Telecommunications Carrier.
"Central Office" means a building or a space within a building where
transmission facilities or circuits are connected or switched.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C.
Section 332 and FCC rules and orders interpreting that statute.
"Communications Assistance for Law Enforcement Act" or "CALEA" refers
to the duties and obligations of Carriers under Section 229 of the Act.
"Confidential Information" means any information that is not generally
available to the public, whether of a technical, business, or other nature
and that: (a) the receiving Party knows or has reason to know is
confidential. proprietary. or trade secret information of the disclosing Party;
and/or (b) is of such a nature that the receiving Party should reasonably
understand that the disclosing Party desires to protect such information
against unrestricted disclosure. Confidential Information will not include
information that is in the public domain through no breach of this
Agreement by the receiving Party or is already known or is independently
developed by the receiving Party.
"Customer" means the Person purchasing a Telecommunications Service
or an information service or both from a Carrier.
"Day" means calendar days unless otherwise specified.
"Demarcation Point" is defined as the point at which the LEC ceases to
own or control Customer Premises wiring including without limitation inside
wiring.
March 3, 2008/lhd1TNCI
AZ--CDS-080303-0001 CO--CDS-080303-0002
MT--CDS-080303-0006 NE--CDS-080303-0007
SD--CDS-080303-0011 UT--CDS-080303-0012
Owest OLSpTM MSA - (v4.0 - 11-16-07)
ID--CDS-080303-0003
NM--CDS-080303-0008
WA--CDS-080303-0013
"Directory Assistance Database" contains only those published and non-
listed telephone number listings obtained by Owest from its own End User
Customers and other Telecommunications Carriers.
"Directory Assistance Service" includes, but is not limited to, making
available to callers, upon request, information contained in the Directory
Assistance Database. Directory Assistance Service includes, where
available, the option to complete the call at the caller's direction.
"Due Date" means the specific date on which the requested Service is to
be available to the CLEC or to CLEC's End User Customer, as applicable.
"End User Customer" means a third party retail Customer that subscribes
to a Telecommunications Service provided by either of the Parties or by
another Carrier or by two (2) or more Carriers.
"Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental Response
Compensation and Liability Act, Superfund Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
Occupational Safety and Health Act and provisions with similar purposes in
applicable foreign, state and local jurisdictions) or (ii) poses risks to human
health, safety or the environment (including, without limitation, indoor,
outdoor or orbital space environments) and is regulated under any
Applicable Law.
"FCC" means the Federal Communications Commission.
"Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA
or IntraLATA Toll services.
"Line Information Database" or "L1DB" stores various telephone line
numbers and Special Billing Number ..SBN) data used by operator services
systems to process and bill Alternately Billed Services (ABS) calls. The
operator services system accesses L1DB data to provide originating line
(calling number), Billing number and terminating line (called number)
information. L1DB is used for calling card validation, fraud prevention,
Billing or service restrictions and the sub-account information to be
included on the calls Biling record. Telcordia's GR-446-CORE defines the
interface between the administration system and L1DB including specific
message formats (Telcordia's TR-NWP-000029, Section 10).
"Line Side" refers to End Office Switch connections that have been
programmed to treat the circuit as a local line connected to a terminating
station (e.g., an End User Customer's telephone station set, a PBX,
answering machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carrier" or "LEC" means any Carrier that is engaged in
the provision of Telephone Exchange Service or Exchange Access. Such
term does not include a Carrier insofar as such Carrier is engaged in the
provision of Commercial Mobile Radio Service under Section 332(c) of the
Act, except to the extent that the FCC finds that such service should be
included in the definition of such term.
"Loop" or "Unbundled Loop" is defined as a transmission facilit between a
distribution frame (or its equivalent) in a Owest Central Office and the Loop
Demarcation Point at an End User Customer's Premises
"Local Service Request" or "LSR" means the industry standard forms and
supporting documentation used for ordering local services.
IA--CDS-080303-0004
ND--CDS-080303-0009
WY --CDS-080303-00 14
MN--CDS-080303-0005
OR--CDS-080303-00 10
Page 9 of 11
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITIONS
"Miscellaneous Charges" mean charges that Owest may assess in addition
to recurring and nonrecurring rates set forth in the Rate Sheet, for activities
CLEC requests Owest to perform, activities CLEC authorizes, or charges
that are a result of CLEC's actions, such as cancellation charges,
additional labor and maintenance. Miscellaneous Charges are not already
included in Owests recurring or nonrecurring rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Network Element" is a facility or equipment used in the provision of
Telecommunications Service or an information service or both. It also
includes features, functions, and capabilities that are provided by means of
such facility or equipment, including subscriber numbers, databases,
signaling systems, and information sufficient for Billing and collection orused in the transmission, routing, or other provision of a
Telecommunications Service or an information service or both, as is more
fully described in the Agreement.
"Operational Support Systems" or "OSS" mean pre-ordering, Provisioning,
maintenance, repair and billing systems.
"Order Form" means service order request forms issued by Owest, as
amended from time to time.
"Person" is a general term meaning an individual or association,
corporation, firm, joint-stock company, organization, partnership, trust or
any other form or kind of entity.
"Port" means a line or trunk connection point, including a line card and
associated peripheral equipment, on a Central Office Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilities connected to the Central Office Switch. Each
Line Side Port is typically associated with one or more telephone numbers
that serve as the Customer's network address. .
"Premises" refers to Owests Central Offices and Serving Wire Centers; all
-buildings or similar structures owned, leased, or otherwise controlled by
Owest that house its network facilities; all structures that house Owest
facilities on public rights-of-way, including but not limited to vaults
containing Loop concentrators or similar structures; and all land owned,
leased, or otherwise controlled by Owest that is adjacent to these Central
Offces, Wire Centers, buildings and structures.
"Proof of Authorization" or "POA" shall consist of verification of the End
User Customer's selection and authorization adequate to document the
End User Customer's selection of its local service provider and may take
the form of a third party verification format.
"Provisioning" involves the exchange of infomiation between
Telecommunications Carriers where one executes a request for a set of
products and services from the other with attendant acknowledgments and
status reports.
"Public Switched Network" includes all Switches and transmission facilities,
whether by wire or radio, provided by any Common Carrier including LECs,
IXCs and CMRS providers that use the North American Numbering Plan in
connection with the provision of switched services.
"Serving Wire Center" denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a particular
Customer Premises.
"Shared Transport" is defined as local interoffice transmission facilities
shared by more than one Carrier, including Owest, between End Office
Switches, between End Office Switches and Tandem Switches (local and
March 3, 200S/lhd1TNCI
AZ --CDS-OS0303-000 1 CO--CDS-OS0303-0002
MT --CDS-OS0303-0006 NE--CDS-OS0303-0007
SD--CDS.OS0303-0011 UT..CDS-OS0303-0012
Owest OLSpTM MSA - (v4.0 - 11-16-07)
ID..CDS-OS0303-0003
NM--CDS-OS0303-000S
WA--CDS-OS0303-0013 J
Access Tandem Switches), and between Tandem Switches within the
Local Calling Area, as described more fully in the Agreement.
"Switch" means a switching device employed by a Carrier within the Public
Switched Network. Switch includes but is not limited to End Offce
Switches, Tandem Switches, Access Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End OfficelTandem Switches.
"Switched Access Traffic," as specifically defined in Owests interstate
Switched Access Tariffs, is traffic that originates at one of the Part's End
User Customers and terminates at an IXC Point of Presence, or originates
at an IXC Point of Presence and terminates at one of the Party's End User
Customers, whether or not the traffic transits the other Party's network.
"Tariff" as used throughout this Agreement refers to Owest interstate
Tariffs and state Tariffs, price lists, and price schedules.
"Telecommunications Carrier" means any provider of Telecommunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Act). A
Telecommunications Carrier shall be treated as a Common Carrier under
the Act only to the extent that it is engaged in providing
Telecommunications Services, except that the FCC shall determine
whether the provision of fixed and mobile satellite service shall be treated
as common carriage.
"Telecommunications Services" means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilities used.
"Telephone Exchange Service" means a Service within a telephone
exchange, or within a connected system of telephone exchanges within the
same exchange area operated to furnish to End User Customers
intercommunicating Service of the character ordinarily furnished by a single
exchange, and which is covered by the exchange Service charge, or
comparable Service provided through a system of Switches, transmission
equipment or other facilities (or. combinations thereof) by which a
subscriber can originate and terminate a Telecommunications Service.
"Trunk Side" refers to Switch connections that have been programmed to
treat the circuit as connected to another switching entity.
"Wire Center" denotes a building or space within a building that serves as
an aggregation point on a given Carrier's network, where transmission
facilities are connected or switched. Wire Center can' also denote a
building where one or more Central Offices, used for the provision of basic
exchange Telecommunications Services and access Services, are located.
Terms not otherwise defined here but defined in the Act and the orders and
the rules implementing the Act or elsewhere in the Agreement, shall have
the meaning defined there. The definition of terms that are included here
and are also defined in the Act, or its implementing orders or rules, are
intended to include the definition as set forth in the Act and the rules
implementing the Act.
IA--CDS-OS0303-0004
ND--CDS-080303-0009
WY --CDS-OS0303-0014
MN-.CDS-080303-0005
OR--CDS-OS0303-0010
Page 10 of 11
QWEST LOCAL SERVICES PLATFORMQ9 AGREEMENT
ATTACHMENT 2-QLSPQ9 Service Description
1.0 Owest wil provide Owest Local Services Platform4i
("OLSP4i") Services according to the following terms and
conditions. Except as set forth in this Attachment,
capitalized terms have the definitions assigned to them in
the Agreement. CLEC may use OLSP 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.
1.2.2 The following OLSP Service types will be
combined with 2-wire loops: OLSP Business; OLSP Centrex
(including Centrex 21); Centrex Plus; Centron in Minnesota
Only; OLSP ISDN BRI; OLSP PAL; OLSP PBX Analog non-
DID and 1-Way DID Trunks; and OLSP ResidentiaL.
1.2.3 OLSP PBX Analog 2-Way DID Trunks wil be
combined with 4 wire loops.
1.1 General OLSP Service Description.
1.3 Local Switching. The Local Switching Network Element
("Local Switching") is collectively the Line Side and Trunk
Side facilties in the local serving Owest end office Switch
which provides the basic switching function, the port, plus
the features, functions, and capabilities of the switch
including all compatible, available, and loaded vertical
features, e.g., anonymous call rejection, that are loaded in
that switch. Vertical features are softare attributes on end
office Switches and are listed on the Owest wholesale
website. Owest signaling is provided with Local Switching
solely as described in Section 1.4.2 of this Attachment. The
following Local Switching ports are available with OLSP
Service: Analog Line Ports, Digital Line Ports Supporting
Basic Rate Interface-Integrated Services Digital Network
("BRI ISDN"), and Analog Trunk Ports.
1.1.1 OLSP Services consist of Local Switching and
Shared Transport in combination. Owest Advanced
Intelligent Network ("AIN") Services, e.g., remote access
forwarding, and Owest Voice Messaging Services ("VMS")
may also be purchased with compatible OLSP Services.
These Network Elements will be provided in compliance with
all Telcordia and other industry standards and technical and
pertormance specifications to allow CLEC to combine the
OLSP Services with a compatible voicemail product and
stutter dial tone. Owest will provide access to 911
emergency services and directory listings in accordance with
the terms and conditions of CLEC's interconnection
agreements ("ICAs"). As part of the OLSP Service, Owest
combines the Network Elements that make up OLSP Service
with analog/digital capable Loops, with such Loops
(including services such as line splitting) being provided in
accordance with the rates, terms and conditions of the
CLEC's ICAs. CLEC may also purchase Owest Commercial
High Speed Internet (HSI) Service (also known as Owest
Digital Subscriber Line( (DSL)), under a separate Services
agreement, to be used with compatible OLSP Service.
1.3.1 Analog Line Port. Line Port attributes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detection; audible and power ringing;
Automatic Message Accounting (AMA Recording); and
blocking options.
1.1.3 Nothing in this Agreement precludes Owest from
withdrawing availabilty of comparable, functionally
equivalent services from its retail end user customers. In the
event of such withdrawal or discontinuation, Owest may also
withdraw availability of the equivalent OLSP Service.
1.3.2 Digital Line Port Supporting SRI ISDN. BRI ISDN
is a digital architecture that provides integrated voice and
data capability (2 wire). A BRI ISDN Port is a Digital 2B+D
(2 Bearer Channels for voice or data and 1 Delta Channel for
signaling and D Channel Packet) Line Side Switch
connection with BRI ISDN voice and data basic elements.
For flexibility and customization, optional features can be
added. BRI ISDN Port does not offer B Channel Packet
service capabilities. The. serving arrangement conforms to
the internationally developed, published, and recognized
standards generated by Intemational Telegraph and
Telephone Union (formerly CCITI).
1.1.2 OLSP Service is available in six different service
arrangements, each of which is described more fully below:
OLSP Residential; OLSP Business; OLSP c.entrex
(including Centrex 21, Centrex Plus, and in Minnesota onlyCentron); OLSP ISDN BRI; OLSP Public Access Lines
("PAL"); OLSP PBX Analog DID and non-DID (one way and
two way) trunks.
1.3.3 Analog Trunk Port. DSO analog trunk Ports can be
configured as DID, DOD, and two-way.
1.2 Combination of OLSP Service with Loops. Except as
described below, the Loop will be provided by Owest under
the applicable ICAs in effect between Owest and CLEC at
the time the order is placed. As part of the OLSP Service,
Owest will combine the Local Switching and Shared
Transport Network Elements with the Loop.
1.3.3.1 Analog trunk Ports provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or
4-Wire connections. This Trunk Side connection
inherently includes hunting within the trunk group.
1.2.1 Pursuant to the order issued by the FCC
pertaining to the availability of Unbundled Network Element
("UNE") Loops under Section 251(c)(3) of the "Act" in itsReport and Order;Petiton of Owest Corporation for
Forbearance Pursuant to 47 U.S.C. § 160(c in the Omaha
Metropolitan Statistical Area, FCC 05-170, WC Docket No.
04-223, (effective September 16, 2005) ("OFO"), Owest will
provide to CLEC the Loop element of OLSP Services
purchased in the following nine Omaha Nebraska Wire
Centers under the terms and conditions of this Agreement at
Rates provided in the Rate Sheet: Omaha Douglas; Omaha
Izard Street; Omaha 90th Street; Omaha Fort Street; Omaha
Fowler Street; Omaha 0 Street; Omaha 78th Street; Omaha
135th Street; and Omaha 156th Street.
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Office. For 2-Wire service, the trunks are
converted at the End User Customer's location.
1.3.3.3. Two-way analog DID trunks are capable of
initiating out going calls, and may be equipped with
either rotary or touch-tone (DTMF) for this purpose.
When the trunk is equipped with DID call transfer
feature, both the trunk and telephone instruments
must be equipped with DTMF.
1.3.3.4 Two-way analog DID trunks require E&M
signaling. Owest will use Type I and II E&M
signaling to provide these trunks to the PBX. Type ii
Attachment 2 - OLSPQY (v5.0 - 2-13-08)
QWEST LOCAL SERVICES PLATFORMII AGREEMENT
ATTACHMENT 2-QLSPII Service Description
E&M signaling from Owest to the PBX will be
handled as a special assembly request via ICB.
party or other appropriate request).
1.3.4 Usage. Local Switching Usage is billed on a
Minute of Use ("MOU" basis as described within this
Attachment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the OLSP Rate Sheet.
1.4.7 For CLEC's OLSP End User Customers, Owest
will load and update CLEC's OLSP End User Customers'
name information into the L1DB and ICNAM databases from
CLEC's completed service orders. CLEC is responsible for
the accuracy of its End User Customers' information.
1.4 Vertical Features and Ancilary Functions and Services.1.4.8 Owest will exercise reasonable efforts to provide
accurate and complete L1DB and ICNAM information. The
information is provided on an as-is basis with all faults.
Owest does not warrant or guarantee the correctness or the
completeness of such information; however, Owest wil
access the same database for CLEC's OLSP End User
Customers as Owest accesses for its own End User
Customers. Owest will not be liable for system outage or
inaccessibility or for losses arising from the authorized use of
the data by CLEC.
1.4.1 OLSP Service includes nondiscriminatory access to
all vertical features that are loaded in the Local serving
Owest end office switch.
1 .4.2 Local Switching includes use of Owests signaling
network (ISUP call set-up) solely for Local Traffic. "Local
Traffic" and "Local Calls" means calls that originate and
terminate within the Local Calling Area as defined in the
Owest tariff. Owest will provide service control points in the
same manner, and via the same signaling links, as Owest
uses such service control points and signaling links to
provide service to its End User Customers served by that
switch. Owests call related databases include the Line
Information Database (L1DB), Internetwork Calling Name
Database (ICNAM), 8XX Database for toll free calling,
Advanced Intelligent Network Databases (AIN), and Local
Number Portability Database. CLEC will not have access to
Owests AIN based services that qualify for proprietary
treatment, except as expressly provided for in this
Agreement. Local Switching does not include use of
Owests signaling network for Toll Traffic. "Toll Traffic" and
"Toll Calls" means intra local access and transport area
("LA T A") or interLAT A. calls that originate and terminate
outside of the Local Calling Area as defined in the Owest
tariff For all Toll Traffic originated by or terminated to
CLEC's OLSP End User Customer, Owest may bill
applicable tariff charges, including SS7 message charges
(ISDN User Part (ISUP) and Transaction CapabilitiesApplication Part (TCAP)), to the Interexchange Carrier (IXC)
or other wholesale SS7 provider.
1.4.9 Owest will not charge CLEC for the storage of
CLEC's OLSP End User Customers' information in the L1DB
or ICNAM databases.
1.5 Shared Transport and Toll.
1.4.3 ICNAM and L1DB. CLEC will have non-
discriminatory access to Owests L1DB database and ICNAM
database as part of the delivery of OLSP Service.
1.5.1 Shared Transport. The Shared Transport
Network Element ("Shared Transport") provides the
collective interoffce transmission facilities shared by various
Carriers (including Owest) between end-office switches and
between end-office switches and local tandem switches
within the Local Calling Area. Shared Transport uses the
existing routing tables resident in Owest switches to carry
the End User Customer's originating and terminating
local/extended area service ("EAS") interoffice Local traffic
on the Owest interoffice message trunk network. CLEC
traffic will be carried on the same tral'smission facilities
between end-office switches, between end-office switches
and tandem switches, and between tandem switches on the
same network facilities that Owest uses for its own traffic.
Shared Transport does not include use of tandem switches
or transport between tandem switches and end-office
switches for Local Calls that originate from end users served
by non-Owest Telecommunications Carriers ("Carrier(s)")
which terminate to OLSP End Users.
1.4.4 The L1DB database contains the following data:
various telephone line numbers and special billing number
(SBN) data; originating line (calling number); billing number
and terminating line (called number) information; calling card
validation; fraud prevention; Billing or service restrictions;
sub-account information to be included on the call's Billing
record; and calling card, billed to third number, and collect
call information used in processing Alternately Billed
Services (ABS).
1.5.2 Originating Toll Calls from, and terminating Toll
Calls to, OLSP End Users will be delivered to/from the
designated IXCs from the Owest end-office switches and
access tandems. Use of access tandem switches are not
included in this Agreement and access tandem charges, if
any, may be billed by Owest to the IXC(s) under the
applicable access tariff.
1.4.5 The ICNAM database is used with certain end
offce Switch features to provide the calling party's name to
CLEC's End User Customer with the applicable feature
capability. ICNAM database contains current listed name
data by working telephone number served or administered
by Owest, including listed name data provided by other
Telecommunications Carriers participating in Owests calling
name delivery service arrangement.
1.5.3 IntraLATA and InterLATA Carrier Designation.
OLSP includes the capability for selection of the interLATA
and intraLATA Toll provider(s) on a 2-Primary Interexchange
Carrier (PIC) basis. CLEC wil designate the PIC
assignment(s) on behalf of its End User Customers for
interLATA and intraLATA Services. All CLEC initiated PIC
changes wil be in accordance with all Applicable Laws, rules
ançl regulations. Owest wil not be liable for CLEC's
improper PiC change requests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Owest does not
authorize CLEC to offer, request, or select Owest LPIC 5123
service to CLEC's End User Customers for intraLATA toii
service with any OLSP Service in any state. In the event
CLEC assigns the Owest LPIC 5123 to CLEC's End User
1.4.6 Owest will provide the listed name of the calling
party that relates to the calling telephone number (when the
information is actually available in Owests database and the
delivery is not blocked or otherwise limited by the calling
Attachment 2 - OLSPII (v5.0 - 2-13-08)2
QWEST LOCAL SERVICES PLATFORMQY AGREEMENT
ATTACHMENT 2-QLSPCI Service Description
Customers, Owest will bill CLEC and CLEC wil pay Owest
the rates contained or referenced in the attached Rate
Sheet.
1.5.5 Usage Shared Transport is billed on a MOU basis
as described within this Attachment. Rates for "Shared
Transport Usage" or "Shared Transport MOUs" are provided
in the OLSP Rate Sheet.
1.6 OLSP Service Arrangement Descriptions.
1.6.1 OLSP 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
this Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except for those
Loops that are otherwise provided for in this Agreement.
1.6.2 OLSP Centrex is available to CLEC for CLEC's
business End User Customers. OLSP Centrex Services
include Centrex 21, Centrex Plus, and in Minnesota,
Centron, and are the combination of an analog Line Side
Port and Shared Transport provided under this Agreement
with an analog - 2 wire voice grade Loop provided in
accordance with CLEC's ICAs, except for those Loops that
are otherwise provided for in this Agreement.
1.6.2.1 CLEC may request a conversion from Centrex
21, Centrex-Plus or Centron service to OLSP Business or
OLSP ResidentiaL. The Conversion NRC(s) provided in
the Rate Sheet will apply.
1.6.2.2 Owest will provide access to Customer
Management System (CMS) with OLSP-Centrex at the
rates set forth in tha Rate Sheet.
16.3 OLSP ISDN BRI is available to CLEC for CLEC's
End User Customers and is the combination of a Digital Line
Side Port (supporting BRI ISDN), and Shared Transport
provided under this Agreement with a Basic Rate ISDN
capable Loop provided in accordance with CLEC's ICAs,
except for those Loops that are otherwise provided for in
this Agreement.
1.6.4 OLSP PAL is available to CLEC for only CLEC's
Payphone Service Providers (PSPs) and is the combination
of an analog Line Side Port and Shared Transport provided
under this Agreement with an analog - 2 wire voice grade
Loop provided in accordance with CLEC's ICAs, except for
those. Loops that are otherwise provided for in this
Agreement.
1.6.5 OLSP 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 this Agreement with an analog - 2 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in this Agreement.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under this Agreement with an Analog - 2 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwise
Attachment 2 - OLSPQY (v5.0 - 2-13-08)
provided for in this Agreement.
1.6.5.3 PBX with analog 2- way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under this Agreement with an Analog - 4 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in this Agreement.
1.6.6 OLSP Residential is available to CLEC for CLEC's
residential End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
this Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except as
otherwise provided for in this Agreement. OLSP Residential
may be ordered and provisioned only for residential End
User Customer application. The definition of residential
service is the same as in Owests retail tariffs as applied to
Owests End User Customers.
1.6.6.1 In order for CLEC to receive OLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must identify
residential end users by working telephone number
(WTN) utilizing the LSR process as described in the
Owest wholesale website.
2.0 Additional Terms and Conditions and Service Features.
2.1 Owest does not warrant the availability of facilities at any
serving wire center. OLSP Services will not be available if
facilities are not available. Owest represents and warrants
that it will not otherwise restrict facilities eligible to provide
OLSP Service and that any and all facilities that would
otherwise be available for retail service to a Owest End User
Customer will be considered eligible for use by CLEC for
OLSP Service to serve that same End User Customer.
2.2 Loop Start ("LPS") to Ground Start ("GST") and GST to
LST Changes ("LPS/GST Change") are available with
OLSP Services. POTS Services, e.g., a OLSP Centrex 21
line, can functionally and operationally be provisioned as
either LPS or GST. Unless specifically requested otherwise,
Owest provisions POTS Services as LPS. GST is generally
provisioned for Private Branch Exchange ("PBX") type
services. LPS/GST Changes allow the CLEC to request a
facility served by LPS to be changed to GST or vice versa.
Additional information and orderîng requirements are
detailed on the Owest Wholesale website.
2.2.1 The Subsequent Order Charge provided in the
OLSP Rate Sheet and the Owest retail Tariff nonrecurring
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, will be added to service orders
requesting LPS/GST Changes.
2.3 Daily Usage Feed (DUF). Owest wil provide to CLEC
certain originating and terminating call records ("usage
information") generated by CLEC's OLSP end user via a
DUF.
2.3.1 Owest will provide to CLEC Local Call usage
information within Owests control with respect to calls
originated by or terminated to CLEC OLSP End User
Customers in the form of the actual information that is
comparable to the information Owest uses to bill its own End
User Customers.
3
2.4
2.5
2.6
2.7
2.8
2.9
3.0
3.1
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
2.3.2 Owest will provide to CLEC usage information
necessary for CLEC to bill for interLA T A and intraLA T A
exchange access to the IXC (excluding Owest where it is the
intraLATA Toll provider) in the form of either the actual
usage or a negotiated or approved surrogate for this
information, as such billing is described and allowed under
section 3 7 of this Attachment. These exchange access
records will be provided as Category 11 EMI records via the
DUF
other charges for elements and services) are applicable and
are provided under a separate Agreement or Tariff.
3.2 QLSP rates Effective Date through Term. Starting on the
Effective Date of the Agreement, rates for the Service wil be
those provided or referenced in the attached Rate Sheet.
The MRCs for the switch port will be adjusted annually,
effective January 1 of each year through the term of the
Agreement. CLEC is eligible for and will receive discounts
on the Basic Plan switch port MRCs if it meets the volume
plans described below. Discounts are not cumulative and
Owest will apply the highest discount rate to which CLEC is
entitled. Basic Plan MRCs wil apply if CLEC does not
qualify for any discount.
2.3.3 Owest will provide DUF records for the following:
all usage occurrences billable to CLEC's OLSP lines,
including Busy Line Verify (BLV), Busy Line Interrupt (BLI);
originating local usage; usage sensitive CLASS features;
and Owest-provided intraLATA tolL.3.2.1 80% Year Over Year ("YOY") Volume
Retention Plan: If the number of CLEC's OLSP total
lines (Working Telephone Numbers fWTNsD as of
October 31 of each year equals or exceeds 80% of the
Sum of CLEC's OLSP total lines as of October 31 of the
preceding year, CLEC will be entitled to a 5% discount
off of the Business Port and a 1 % discount off of the
Residential Port MRCs applicable during the next
calendar year.
2.3.4 Local Call usage records will be provided as
Category 01 or Category 10 EMI records via the DUF.
Terminating Local Call usage records are not collected or
available and will not be provided.
Feature and interLATA or intra LATA PIC changes or
additions for OLSP, will be processed concurrently with the
OLSP order as specified by CLEC.
Access to 911/E911 emergency Services for CLEC's End
User Customers will be available in accordance with CLEC's
ICAs. If Owest is no longer obligated to provide access to
911/E911 emergency services in accordance with 47 U.S.C.
§251, Owest will then provide such services under this
Agreement with respect to all CLEC OLSP Service End User
Customers and new OLSP Service End User Customers, to
the same degree and extent that 911/E911 emergency
services were provided by Owest prior to the elimination of
911/E911 emergency services as an obligation under 47
US.C §251
3.2.2 90% YOY Volume Retention Plan: If the
number of CLEC's OLSP total lines as of October 31 of
each year equals or exceeds 90% of the sum of
CLEC's OLSP total lines as of October 31 of the
preceding year, CLEC will be entitled to a 10% discount
off of the Business Port and a 2% discount off of the
Residential Port MRCs applicable during the next
calendar year.
Owest AIN and VMS are offered on a commercial basis and
may be purchased with OLSP at the rates set forth in the
attached Rate Sheet. Retail promotions may not be
combined with OLSP.
3.2.3 110% YOY Volume Growth Plan: If the
number of CLEC's OLSP total lines as of October 31 of
each year equals' or exceeds 110% of the sum of
CLEC's total OLSP lines as of October 31 of the
preceding year, and the YOY line increase is equal to
or greater than two thousand (2000) OLSP lines, CLEC
will be entitled to a 20% discount off of the Business
Port and a 4% discount off of the Residential Port
MRCs applicable during the next calendar year.
If Owest develops and deploys new local switch features for
its End User Customers, those switch features will be
available in the same areas and subject to the same
limitations with OLSP Service. The rates that Owest
charges for such new local switch features will not in any
case be higher than the retail rate Owest charges.
3.2.4 120% YOY Volume Growth Plan: If the
number of CLEC's total OLSP lines as of October 31 of
each year equals or exceeds 120% of the sum of
CLEC's total OLSP lines as of October 31 of the
preceding year, and the YOY line increase is equal to
or greater than two thousand (2000) OLSP lines, CLEC
will be entitled to a 30% discount off of the Business
Port and a 6% discount off of the Residential Port
MRCs applicable during the next calendar year.Nothing in this Agreement alters or affects CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
3.2.5 135% YOY Volume Growth Plan: If the
number of CLEC's total OLSP lines as of October 31 of
each year equals or exceeds 135% of the sum of
CLEC's OLSP total lines as of October 31 of the
preceding year and the YOY line increase is equal to or
greater than two thousand (2000) OLSP lines, CLEC
will be entitled to a 35% discount off of the Business
Port and a 8% discount off of the Residential Port
MRCs applicable during the next calendar year.
Owest Operator Services and Directory Assistance Services
are provided under the terms and conditions of CLEC's
ICAs.
Rates and Charges.
The recurring ("MRC") and NRC rates for OLSP Services
and all associated OLSP applicable usage-based rates and
miscellaneous charges are set forth or incorporated by
reference into the attached OLSP Rate Sheets. Rates for
OLSP Services are in addition to the applicable rates for
elements and Services provided under CLEC's ICAs.
Applicable intercarrier compensation rates and charges
(such as access charges, reciprocal compensation, and
3.3 For purposes of counting CLEC's total OLSP lines in section
3.2 as of October 31 of each year, Owest wil include all
OLSP lines and all Owest Platform Plus™ ("OPPTM") lines, if
any, from the previous year. For example, to determine
2008 OLSP rates, Owest will use the total number of CLEC's
OLSP lines as of October 31, 2007 compared to CLEC's
Attachment 2 ~ OLSPiI (v5.0 - 2-13-08)4
3.7
3.8
OWEST LOCAL SERVICES PLATFORMt! AGREEMENT
ATT ACHMENT 2-0LSPt! Service Description
total number of OLSP lines as of October 31, 2006 in order
to calculate CLEC's discount eligibility on January 1, 2008.
3.8.1 Originating IntraOffice Local Calls - This
originating Local Call requires switching by the local serving
Owest end office Switch only. When this call type is
originated by a OLSP End User, Local Switch Usage
charges provided in the OLSP Rate Sheet will apply. For
these call types that also terminate to an end user served by
a Carrier, Owest may pay that Carrier certain terminating
compensation charges under terms and conditions of a
separate ICA.
3.4 Except as otherwise provided here within, the Loop element
combined with a OLSP Service will be provided in
accordance with CLEC's ICAs with Owest at the rates set
forth in those ICAs.
3.4.1 Loops provided under this Agreement. Upon
thirty (30) Days notice via the standard commercial
notification process, Owest may change monthly recurring
charges for the Omaha, Nebraska Loop elements provided
under this Agreement.
3.8.2 Originating InterOffice Local Calls. This
originating Local Call requires switching by the local serving
Owest end office and other interoffice switching for Local
traffic. When this call type is originated by a OLSP end user,
Local Switch Usage per MOU and Shared Transport per
MOU charges provided in the Rate Sheet will apply. For
these call types that also terminate to an end user served by
a non-Owest Carrier, Owest may pay that Carrier certain
terminating compensation charges under terms and
conditions of a separate ICA
3.5 CLEC will be responsible for billing its OLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statute, regulation or otherwise
required.
3.6 CLEC will pay Owest the PiC change charge associated with
CLEC End User Customer changes of interLATA or
intraLATA Carriers. Any change in CLEC's End User
Customers' interLATA or intraLATA Carrier must be
requested by CLEC on behalf of its End User Customer.
3.8.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local serving Owest end office.
If the OLSP End User's selected IXC does not have direct
trunking to the local serving Owest end office, Shared
Transport is required to deliver that call to the Access
Tandem for delivery to the IXC. When this call type is
originated by a OLSP end user, Local Switch Usage
provided in the OLSP Rate Sheet applies. Additionally if,
Shared Transport is necessary to deliver the call to the
Access Tandem, Shared Transport Usage charges provided
in the OLSP Rate Sheet will apply. For these call types that
require Shared Transport, Owest retains its rights to bill the
IXC for Tandem elements under the Tariff.
Intercarrier Compensation. Except as specifically
described in this Section, this Agreement does not change or
amend applicable intercarrier compensation arrangements
(including but not limited to Switched Access, Signaling, orTransit charges) between any parties, including between
Owest and Carriers or IXCs.
3.7.1 Switched Access. For OLSP End User
Customer(s), Owest will not charge to or collect from the IXC
usage based end office and loop Switched Access charges
(such as Switched Access Local Switching, End OfficeShared Port, Tandem Transmission and Carrier Common
Line) for InterLATA or IntraLATA Toll Calls originating or
terminating from that OLSP End User Customer's line to an
IXC.
3.8.4 Terminating IntraOffice and InterOffice Local
Calls. This terminating Local Call requires switching by the
local serving Owest end office and in certain instances other
interoffice switching within the Local Calling area. When a
call is terminated to a OLSP end user, no charges wil apply
under OLSP. For these call types that originate from an end
user served by a Carrier, Owest retains its rights to bil that
Carrier certain Transit charges as described in Section 3.7
above.
3.7.2 Signaling. Owest retains its rights to charge IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as L1DB,
ICNAM and 8XX) associated with interLATA and intra LATA
Toll Calls originated by or terminated to a OLSP End User
under the applicable Tariff.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
Call always requires switching by the local serving Owest
end offce. If the originating caller's IXC does not have direct
trunking to the OLSP end user's local serving Owest end
office switch, Shared Transport is required to terminate the
call to the receiving OLSP end user. When this call type is
terminated to a OLSP end user, Local Switch Usage
charges provided in the Rate Sheet will apply. Additionally
if, Shared Transport is necessary to deliver the call to the
OLSP end user from the access tandem, Shared Transport
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, Owest retains
its rights to bil the IXC for Tandem elements under the
Tariff.
3.7.3 Transit. For any call originated by an end user
served by a Carrier that routes through Owests network and
which terminates to a OLSP End User, Owest retains its
rights to bill the originating Carrier Transit charges for that
call under the originating Carrier's Agreement.
3.7.4 Other. Owest retains its rights to billlXCs or other
Carriers, as applicable, any and all other access charges
and assessments not expressly addressed in this section,
including but not limited to flat rated transport charges, in
accordance with the applicable Tariff
Local Switching Usage and Shared Transport Minute of
Use (MOU) This section describes the use of the Owest
network for different call types originated by or terminated to
OLSP End Users. This section does not effect Owests
rights to charge IXCs for signaling as described in Section
1 .4.2 of this Attachment.
3.8.6 Originating Toll Calls when ac is the
IntraLATA Toll provider. See Section 1.5.4 above.
3.9 Owest wil have a reasonable amount of time to implement
system or other changes necessary to bill CLEC for rates or
charges associated with OLSP Services
Attachment 2 -OLSPt! (v5.0 - 2-13-08)5
3.10
3.11
4.0
4.1
4.2
4.3
4.4
4.5
5.0
6.0
6.1
6.2
QWEST LOCAL SERVICES PLATFORMQY AGREEMENT
ATTACHMENT 2-QLSPQY Service Description
OLSP Services have a one-month minimum service period
requirement for each CLEC End User Customer. The one-
month minimum service period is the period 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.
OLSP Services are billed month to month and wil after the
one month minimum service period is satisfied be pro-rated
for partial months based on the number of days Service was
provided.
The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing service,
including changing a telephone number, initiating or
removing suspension or Service, denying or restoring
service. adding, removing or changing features, and other
similar requests.
Systems and Interfaces.
Owest and CLEC will support use of current OSS interfaces
and OSS business rules for OLSP, including electronic
ordering and flow, as the same may evolve over time.
OLSP Services are ordered utilizing the LSR process as
described in the Owest wholesale website.
Prior to placing an order on behalf of each End User
Customer, CLEC will be responsible for obtaining and have
in its possession a Proof of Authorization as set forth in this
Agreement.
When Owest or another provider of choice, at the End User
Customer's request, orders the discontinuance of the End
User Customer's existing service with CLEC, Owest will
render its closing bill to CLEC effective with the
disconnection. Owest will notify CLEC òy FAX, OSS
interface, or other agreed upon processes when an End
User Customer moves to Owest or another service provider.
Owest will not provide CLEC or Owest retail personnel with
the name of the other service provider selected by the End
User Customer.
The Parties will provide each other with points of contact for
order entry, problem resolution, repair, and in the event
special attention is required on service request.
Owest will bill CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Billing period, in an
agreed upon standard electronic format. Billing information
will include a summary bill, and individual End User
Customer sub-account information. If CLEC needs
additional or different billing information in order to properly
bill its End Users or other Carriers (including Owest), Owest
will work with CLEC in good faith to deliver such information.
Maintenance and Repair.
Owest will maintain facilties and equipment that comprise
the OLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Owest facilities or equipment, other than by
connection or disconnection to any interface between Owest
and the End User Customer, without the written consent of
Owest.
Owest will provide general repair and maintenance Services
on its facilities, including those facilities supporting OLSP
Services purchased by CLEC. Owest will repair and restore
Attachment 2 - OLSPQY (v5.0 - 2-13-08)
any equipment or any other maintainable component that
adversely impacts CLEC's use of OLSP Service. Owest and
CLEC will cooperate with each other to implement
procedures and processes for handling service-affecting
events. There wil be no charge for the Services provided
under this section except as set forth in the Rate Sheet.
7.0 Commercial Penormance Measures and Reporting,
Penormance Targets and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
indicated on Signature Page).
7.1 Each Party will provide suitably qualiied personnel to
perform its obligations under this Agreement and all OLSP
Services in a timely and efficient manner with dilgence and
care, consistent with the professional standards of practice
in the industry, and in conformance with all Applicable Laws
and regulations. The OLSP Service attributes and process
enhancements are not subject to the Change Management
Process ("CMP"). CLEC proposed changes to OLSP
Service attributes and process enhancements will be
communicated through the standard account interfaces.
Change requests common to shared systems and processes
subject to CMP will continue to be addressed via the CMP
procedures.
7.2 Owest will provide commercial performance measurements
and reporting against established performance targets with
OLSP Service. The following performance measurements
will apply to OLSP Residential and OLSP Business: (a) Firm
Order Confirmations (FOCs) On Time; (b) Installation
Commitments Met; (c) Order Installation Interval; (d) Out of
Service Cleared within 24 Hours; (e) Mean Time to Restore;
and (f)Trouble Rate.
7.3 Commercial measurement definitions, methodologies,
performance targets and reporting requirements are
attached as Attachment 3. Owest will provide CLEC with the
raw data necessary to allow CLEC to disaggregate results at
the state leveL. Reporting of these performance measures
will be applied for activity beginning the first full month of
Service after January 1, 2007.
7.4 CLEC wil be entitled to service credits only for each
instance of a missed installation commitment and each
instance of an out of service condition that is not cleared
within 24 hours occurring after January 1, 2007. All service
credits will be applied automatically by Owest as credit
against CLEC's bill for the billing period following the one in
which the credits were accrued. Credits for Services
provided under this Agreement wil be applied for activity
beginning the first full month after January 1, 2007. Any
credits or payments related to the Services provided prior to
the first full month following January 1, 2007 and in
accordance with to CMP, PID, PAP or all other wholesale
service quality standards wil no longer be applied beginning
the first full month after January 1, 2007.
7.4.1 Installation Commitments Met. For each
installation commitment that Owest, through its own
fault, fails to meet, Owest wil provide a service credit
equal to 100% of the nonrecurring charge for that
installation. Owest wil use the state installation
nonrecurring charge contained in this Agreement for
that order type in calculating the credit. The definition
of a "missed installation commitment" and the
associated exclusions are described in Attachment 3.
6
QWEST LOCAL SERVICES PLATFORM(R AGREEMENT
ATTACHMENT 2-QLSP(R Service Description
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Owest, through its
own fault, fails to resolve within 24 hours, Owest will
provide a service credit equal to one day's recurring
charge (monthly recurring charge divided by 30) for
each day out of service beyond the first 24 hours. (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEC will be entitled to a credit equal to the
monthly recurring charge divided by 30. If the out-of-
service condition existed for 48 to 71 hours, the credit
would equal two times the monthly recurring charge
divided by 30).
8.0 Service Performance Measures and Reporting and
Performance Assurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selected by CLEC as indicated
on Signature Page).
8.1 If selected by CLEC under the terms and conditions of this
Agreement, Owest will, in Washington only, provide
performance measurements, reporting, and remedies
compliant with the Washington Performance Indicator
Definitions ("PIDs") and the Owest Washington Performance
Assurance Plan ("PAP") for the Services, if eligible, provided
under this Agreement. Only in the state of Washington, and
only if expressly selected by CLEC under the terms and
conditions of this Agreement, does this PID and PAP
replace, in their entirety, the Commercial Performance
Measures and Reporting, Performance Targets and Service
Credits terms and conditions for Services provided under
this Agreement outlined in Section 7.0 of this Agreement.
8.2 The PIDs and PAP for Washington in their current form are
posted in the Owest Wholesale PCAT, currently called
Negotiations Template Agreement PCAT, under Exhibit B
and Exhibit K for Washington, respectively. Those PIDs and
that PAP are incorporated by referenced into, and made a
part of, this Agreement. Subsequent changes to the PIDs or
PAP submitted to the WUTC will be incorporated into the
applicable exhibit as soon as they are effective either by
operation of law or WUTC order, whichever occurs first and
without further amendment to this Agreement.
8.3 To select the Service Performance Measures and Reporting
and Performance Assurance Plan (PID/PAP) option, CLEC
must be a certified CLEC under applicable state rules and
have elected the PID and PAP under its Washington
interconnection agreement with Owest.
8.4 Eligible OLSP Services will be included in the UNE-PPAP
results beginning the first full month following Agreement
execution.
8.5 Notwithstanding 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 process described in the PAP.
Attachment 2 - OLSP(R (v5.0 - 2-13.08)7
ATTACHMENT 3
Performance Targets for Owest OLSP ™ Service
ATIACHMENT3
Performance Targets for Owest OLSp™ Service
FOC-1 - Firm Order Confirmations (FOCs) On Time
Purpose:
Monitors the timeliness with which Owest 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., EDt 997 transactions are not included.)
. For FOC-1 A, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Owests response with a FOC notification (notification date and time).
. For FOC-1 B, the interval measured is the period between the application date and time, as defined
herein, and Owests response with a FOC notification (notification date and time).
. "Fully electronic" LSRsare 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 will 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: Regional leveL.
Individual CLEC . FOC-1 A: FOCs provided for fully electronic LSRs received via IMA-
GUI or IMA-EDI
FOC-1 B: FOCs provtded for electronic/manual LSRs received via
IMA-GUI or IMA-EDI
Formula:
FOC-1A = ((Count of LSRs for which the original FOC's "(FOe 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-1 B = ((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) + (Total
Number of original FOC Notifications transmitted for the service category in the reporting
period)) x 100
ATTACHMENT 3
Performance Targets for Owest OLSp™ Service Page 2
Exclusions:.LSRs involving individual case basis (1GB) 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 FOG-1A, which only excludes hours outside the
scheduled system up time.)
.LSRs with GLEG-requested FOG arrangements different from standard FOG 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 capability to
disallow duplicate LSR #'s.)
.Invalid startstop dates/times.
Product Reporting:Performance Target:
FOG-1A 95% within 20 minutes
OLSP-POTS
FOG-1B 95% within standard FOG
intervals (specified below)
Standard FOe Intervals
Product Group NOTE 1 FOe
Interval
OLSP-POTS (1-39 lines)FOG-1A:20
Minutes
FOG-!B24
hrs 24 hrs
Availabilty:
Performance will be measured
beginning the first full month of
OLSP service (for the following
month's reporting).
Notes:
LSRs with quántities above the highest number specified for each
product tvpe are considered 1GB.
ATTACHMENT 3
Performance Targets for Owest OLSp™ Service Page 3
ICM-1 -Installation Commitments Met
Purpose:
Evaluates the extent to which Owest 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 Owest 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 Owest is counted as a met
due date. The Applicable Due Date is the original due date or, if changed or delayed by the
customer, the most recently revised due date, subject to the following: If Owest changes a due
date for Owest reasons, the Applicable Due Date is the customer-initiated due date, if any, that
is (a) subsequent to the original due date and (b) prior to a Owest-initiated, changed due date, if
any.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
ICM-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) +- (Total Orders
Completed in t.e 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-Owest 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-Owest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving official 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.
ATIACHMENT3
Performance Targets for Owest OLSp™ Service Page 4
Product Reporting Performance Target:
MSA-Tvoe:
OLSP-POTS OLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
Availability:Notes:
Performance will
be measured
beginning the first
full month of OLSP
service (for the
following month's
reporting).
ATTACHMENT 3
Performance Targets for Owest OLSp™ Service Page 5
011-1 - Order Installation Interval
Purpose:
Evaluates the timeliness of Qwests installation of services for CLECs, focusing on the average time to
install service.
Description:
Measures the average interval (in business days) between the application date and the completion
date for service orders accepted and implemented.
. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
. Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date is the CLEC-initiated due date, if any, that is (a~ subsequent to
the original due date and (b) prior to a Qwest-initiated, changed due date, if any. OTE 1
. Time intervals 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
Qwest-initiated due date, if any, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE 1
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 according to orders involving:
011-1 A Dispatches (Includes within MSA and outside MSA); and
011-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
011-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
¿((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date
and the Applicable Date) - (Time intervals associated with CLEC-initiated due date changes or delays
occurring after the Applicable Due Date)) + Total Number of Orders Completed in the reporting period
Explanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business days) by total number of service orders completed in the reporting period.
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 official 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 projects.
ATIACHMENT3
Performance Targets for Qwest QLSp™ Service Page 6
Product Reporting:
MSA-T e-
OLSP-POTS
Re orted As:
Avera e business da s
Performance Target:
OLSP-POTS (Dispatched)
OLSP-POTS (No Dispatch)
6 Days
3.5 Days
Availabilty:Notes:
1 . According to this definition, the Applicable Due Date can
change, per successive GLEG-initiated due date changes or
delays, up to the point when a Owest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(i.e., with no further changes) as the date on which it was set
prior to the first Owest-initiated due date change, if any.
Following the first Owest-initiated due date change, any further
GLEG-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
Owest-initiated due date changes occur, the stated method for
calculating delay intervals is applied to each pair of Owest-
initiateq due date change and subsequent GLEG-initiated due
date change or delay. The intervals thus calculated from each
pairing of Owest and GLEG-initiated due dates are summed
and then subtracted as indicated in the formula.) The result of
this approach is that Owest-initiated impacts on intervals are
counted in the reported interval, and GLEG-initiated impacts on
intervals are not counted in the reported interval.
Performance will be
measured beginning in the
first full month of OLSP
service (for the following
month's reporting).
ATIACHMENT 3
Performance Targets for Owest OLSp™ Service Page 7
00524-1 - 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 (Le., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble 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 (Le., unable to place or receive calls), subject to exclusions
specified below.
. Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual GLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
OOS24-1 A Dispatches (Includes within MSA and outside MSA); and
OOS24-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
OOS24-1 C 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 reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit
Found OK, and Miscellaneous - Non-Dispatch, non-Owest (includes GPE, 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
OK (TOK), Carrier Action (lEG) 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 Disaggregation".
. For products measured from MT AS data (products 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 official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement oer the measure definition.
ATTACHMENT 3
Performance Targets for Owest OLSp™ Service Page 8
Product Reporting:Performance Targets:
MSA-Tvoe -
.OLSP POTS Dispatch and Non-Dispatch 190%
Zone-Tvoe -
Availability:Notes:
Performance will
be measured
beginning the first
full month of OLSP
service (for the
following month's
reporting).
ATIACHMENT 3
Performance Targets for Owest OLSp™ Service Page 9
MTIR-1 - Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusinq how lonq it takes to restore services to proper operation.
Description:
Measures the average time taken to clear trouble reports.
. Includes all trouble reports closed during the reporting period, subject 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 receipt to date and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Hours and Minutes
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
MTTR-1 A Dispatches (Includes within MSA and outside MSA); and
MTTR-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
MTTR-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
¿((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) + (Total number of
Trouble Reports closed in the reporting period)
Exclusions:
. Trouble reports coded as follows:
- For products measured from MT AS data (products listed for MSA-type disaggregation), trouble
reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the
Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Owest (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), Carrier Action (lEG) 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 Disaggregation".
. For products measured from MT AS data (products 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 official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed 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 Owest OLSp™ Service Page 10
Product Reporting:Performance Target:
MSA-Type -QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-Tvoe -
.
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
ATIACHMENT 3
Performance Targets for Owest OLSp™ Service Page 11
TR-1 - Trouble Rate
Purpose:
Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or
element.
Description:
Measures trouble reports by product and compares them to the number of lines in service.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified
below.
. Includes all applicable trouble reports, including those that are out of service and those that are
only service-affectinq.
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 reports coded
to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network
Interface: No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type".
. 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 official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missinq data essential to the calculation of the measurement per the measure definition.
ATTACHMENT 3
Performance Targets for Owest OLSp™ Service Page 12
Product Reporting:Penormance Target:
MSA Type:.
.QLSP-POTS Diagnostic
Zone Type:
.
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
ATIACHMENT3
Performance Targets for Owest OLSpTMService Page 13
Qwest Local Services Platform™ (QLSpTM) Rate Page . Idaho
Januar 1, 2007 throu h Term"
109.8 Shared Transoort Purchased As Part 01 OLSpTM
109.8.1 OLSpTM Residential, Business, and PAL in ID-S Per MOUI $0.0011100
109.8.2 OLSpTM Centrex, ISDN BRI, PAL in ID-N, and PBX Analoo Trunks (Per line/trunk UGUST $0.35
109.11 Local Switchlna Purchased As Part 01 OLSpTM
109.11.1 Ports Basic Plan
109.11.1.1 Analon Port $6.21
109.11..2 Residential end user credit LAWUR $3.07 1
109.11.1.3 Effective OLSpTM Residential Anal~ Port $3.14 1
109.11.1.4 Dinital Port ISunnortinn BRI ISDN $17.40
109.11.1.5 PBX DID Port $7.30
109.11.2 Parts II 80% YOY Volume Retention Plan Renuirements Are Met
109.11.2.1 Analon Port $5.90
109.11.2.2 Analoo Port, Residential end user credit LAWUR $2.79 1
109.11.2.3 Effective OLSpTM Residential Anal~ Port $3.11 1
109.11.2.4 Dinital Port /Sunnortinn BRI ISDN $17.40
109.11.2.5 PBX DID Port $7.30
109.11.3 Ports If 90% YOY Volume Retention Plan Reouirements Are Met
109.11.3.1 Analoo Part $5.59
109.11.3.2 Analoo Port, Residential end user credit LAWUR $2.51 1
109.11.3.3 Ellective OLSpTM Residential Analoo Port $3.08 1
109.11.3.4 Dioital Port lSuortinaBRI ISDN)$17.40
109.11.3.5 PBX DID Port $7.30
109.11.4 Ports 11110% YOY Volume Growth Plan Reauirements Are Met
109.11.4.1 Aralon Port $4.97
109.11.4.2 Analoa Port, Residential end user credit LAWUR $1.95 1
109.11.4.3 Effective QLSpTM Residential Analon Part $3.01 1
109.11.4.4 Dinital Port Sunnortinn BRI ISDN $17.40
109.11.4.5 PBX DID Port $7.30
109.11.5 Ports If 120% YOY Volume Growth Plan Reouirements Are Met
109.11.5.1 Analoo Port $4.35
109.11.5.2 Analon Port, Residential end user credit LAWUR $1.40 1
109.11.5.3 Effective QLSpTM Residential AnaloQ Port $2.95 1
109.11.5.4 Dinital Part Sunnortinn BRIISDN $17.40
109.11.5.5 PBX DID Port $7.30
109.11.6 Ports, If 135% YOY Volume Growth Plan Renuirements Are Met
109.11.6.1 Analoo Part $4.04
109.11.6.2 Analoo Port, Residential end user credit LAWUR ($1.15 1
109.11.6.3 Effective OLSpTM Residential Analoo Part $2.89 1
10911.6.4 Dinital Part Sunnortinn BRI ISDN $17.40
109.11.6.5 PBX DID Port $7.30-
109.11.7 Local Switch Usaoe
109.11.7.1 OLSpTM Residenlial, Business, and PAL in ID-S (Per MOU $0.001343
109.11.7.2 OLSpTM Centrex, ISDN BRI, PAL in ID-N. and PBX Analoo Trunks Per Line!runkl UGUFM $1.3
109.11.8 Switch Features 2
109.11.8.1 Account Codes - ner S",iem AZ8PS $77.41
109.11.8.2 Attendant Access Une:Dr Station Line DZR $1.12
109.11.8.3 Audible Message Waiting MGN,$0.98
MWW
109.11.8.4 Authorization Codes,- ner S\ftem AFYPS $231.08
109.11.8.5 Automatic Line ETVPB $0.33
109.11.8.6 Automatic Roule Selection - Cammon Eouioment, oer SYStem F5GPG $2,015.21
109.11.8.7 Call Dron FlO ONLY $0.23
109.11.8.8 Call Exclusion - Automatic NXB $0.70
ISDN)
109.11.8.9 Call Exclusion - Manual NA-FID $0.46
IDSN\
109.11.8.10 Call Forwardina BusvLine - Incomino Onlv 69B1X $20.63
109.11.8.11 Call Forwrdinn Don't Answer Incomino Onlv 69A $20.63
109.11.8.12 Call Forwardinn: Busv LIne / Don't Answer PraQrammable Seivice Establishment SEPFA $11.27
109.11.8.13 Call Forwrding: Don't Answer / Call Forwarding Busy Customer Programmable, per Line FSW $0.62
109.11.8.14 Call Waitino Indication,- oer Timina State WUT $0.70
109.11.8.15 Centrex Common Equipment HYE, HYS $1,370.25
109.11.8.16 CLASS - Call Trace, Per OCcurrence NOUSOC $1.43
109.11.8.17 CLASS - Continuous Redial NSS $1.28
109.11.8.18 CLASS - Last Call Return NSO $1.29
109.11.8.19 CLASS - Prioritv Callnn NSK $1.21
109.11.8.20 CLASS - Selective Call Forwrdino NCE $1.28
109.11.8.21 CLASS - Selective Call Rejection FKOPN,$1.21
NSY
109.11.8.22 Direct Station Selection / Busv Lamn Field, per Arranoement BUD $0.24
109.11.8.23 Directed Call Pickun with Barne-in 6MD $13.01
109.11.8.24 Directed Call Pickun without Barne-in 690 $13.87
109.11.8.25 Distinctive Rino/Distinctive Call WaitinQ RNN $27.74
109.11.8.26 Exnensive Route Warninn Tone, ~r SYStem AOWPS $49.48
109.11.8.27 Groun Intercom GCN $0.31
109.11.8.28 Hot Line. Der Line HLN HLA $1.05
109.11.8.29 Huntinn: Muiiiñosition Hunt Queuinn MH5 $29.25
109.11.8.30 Huntina: Multinosition with Announcement in Queue MHW $31.72
109.11.8.31 Huntino' MultiDsition with Music in Oueue MOHPS $28.04
109.11.8.32 ISDN Short Hunt NHGPG,$1.17
NHGPN
Qwest Local Services Platform TM Agreement OLSp™ Rate Sheet-Vl.0 08.15.06 12
Qwest Local Services Platform™ (QLSpTM) Rate Page -IdahoJ 1 2007 Tanuar,throu h erm
109.11.8.33 LoudSOaker pañii Trunk Grouo PTOPG $183.80
109.11.8.34 Make Busy Arrangements, per Group A9AEX,$0.53
P89
109.11.8.35 Make Busv Arrannements, ner Line MB1 $0.53
109.11.8.36 Messaoe Center, ner Main Station Line MFR $0.31
109.11.8.37 Messaoe W aitinn Visual MV5 $0.31
109.11.8.38 Music On Hold, ner S""tem MHHPS $20.75
109.11.8.39 Priacv Release K7KPK $0.42
109.11.8.40 OuervTime OT1PK $0.31
109.11.8.41 SMDR.P . Archived Data SR7CX $170.75 .
109.11.8.42 SMDR-P . Service Establishment Charge, Initial Installation SEPSP,$323.33
SEPSR
109.11.8.43 Station Cari-o Service,ner Main Station CPK $0.31
109.11.8.44 Time of Oav Control for ARS, ner Svstem ATBPS $95.48
109.11.8.45 Time of Dav NCOS Undate A4T $0.41
109.11.8.46 TIme of Oa; Routi"",-;:"r Line ATB $0.46
109.11.8.47 Trunk Verification from Oesinnated Station BVS $0.35
109.11.8.48 UCD in Hunt Groun, oer Line MHM $0.64
109.11.8.49 Premium Port Features- Additional CharQe $2.08
109.118.49.1 CMS . Svstem Establishment. Initial Installation MB5XX $962.10
109.11.6.49.2 CMS . Svstem Establishment, Subseouent Installation CPVWO $481.05
109.11.8.49.3 CMS . Packet Control Caoabilitv, oer Svstem PTGPS $481.05
109.11.8.49.4 Conlerence Callina . Meet Me MJJPK $32.24
109.11.8.49.5 Conlerence Callnn . Preset M09PK $32.24
109.11.8.49.6 Conference Callon - Station Dial 6-Wav)GVT $47.48
109.11.9 Other
109.11.9.1 Custom Number
109.11.9.1.1 Idaho North See Applicable Owest Retail 6
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and
conditions in CLEC's ICA).
109.11.9.1.2 Idaho South See Applicable Owest Retail 6
Tariff, Catalog or Price list less
Discount (which will be provided
pursuant to terms and
conditions in CLEC's ICA).
109.11.9.2 PBX DID Comnlex Translations Dinits Outoulsed Chanoe Sionalino $15.22
109.11.9.3 PBX DID ComDiex Translations Sinnalino Chanoe $35.52
109.11.9.4 PBX DID Block Comnromise $25.53
109.11.9.5 PBX DID Groun of 20 Numbers $31.36
109.11.9.6 PBX DID Reserve Senuential # Block $25.38
109.11.9.7 PBX DID Reserve Nonsenuential Teleohone Numbers $23.67
109.11.9.8 PBX DID Nonseouential Teieione Numbers $33.18
109.11.10 Subseouent Order Charoe NHCUU $12.17 4
109.11.11 Owest Corooration aC\ Intra LATA Toll LPIC 5123
109.11.11.1 Idaho North See Applicable Owst Retail 6
Tariff. Catalog or Prie List less
Discount (which will be provided
pursuant to terms and
conditions in CLEC's ICA).
109.11.11.2 Idaho South See Applicable Owest Retail 6
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and
conditions in CLEC's ICA).
109.20 Miscellaneous Charoes 5
109.20.1 Desion - North
109.20.1.1 Maintenance of Service
109.20.1.1.1 Basic
109.20.1.1.1.1 First Increment MVWXX $35.00
109.20.1.1.1.2 Each Additional Increment MVW1X $35.00
109.20.1.1.2 Overtime
109.20.1.1.2.1 First Increment MVWOX $43.00
109.20.1.1.2.2 Each Additional Increment MVW2X $43.00
109.20.1.1.3 Premium
109.20.1.1.3.1 First Increment MVWPX $50.00
109.20.1.1.3.2 Each Additional Increment MVW3X $50.00
109.20.1.2 Gntional T estinn i Additional Labor\
109.20.1.2.1 Basic, First and Each Additional Increment OTNBX $45.00
109.20.1.2.2 Overtime, First and Each Additional Increment OTNOX $45.00
109.20.1.2.3 Premium, First and Each Additional Increment OTNPX $50.00
109.20.1.3 Disnatch Additional DiSnatch - No trouble found)VT6DC $100.00
109.20.1.4 Disnatch for Maintenance of Service. No Trouble Found VT6DM $100.00
109.20.2 Deslnn and Non-Desion - North
109.20.2.1 Trin Charae - Premises Visn Charne SCO $25.00
109.20.2.2 Premises Work Charn
109.20.2.2.1 Basic
Qwest Local Services Platform TM Agreement OLSp™ Rate Sheet-V 1.0 08.15.06 13
anuar ,7 t rou erm
109.20.2.2.1.1 First Increment HRD11 . $60.00
109.20.2.2.1.2 Each Additional Increment HRDAl $30.00
109.20.2.2.2 Overtime
109.20.2.2.2.1 First Increment HRD12 $70.00
109.20.2.2.2.2 Each Additional Increment HRDA2 $35.00
109.20.2.2.3 Premium
109.20.2.2.3.1 First Increment HRD13 $80.00
109.20.2.2.3.2 Each Additional Increment HRDA3 $40.00
109.20.3 Non-Design. South
109.20.3.1 Network Premises Work Charqe
109.20.3.1.All Hours, 1 st 15 minutes HRHl1 $38.00
109.20.3.1.2 All Hours, next three 15 minutes HRHA1 $10.00
109.20.3.1.3 All Hours, ea addtl 15 minutes HRDAl $7.50
109.20.4 Desinn - South
109.20.4.1 Maintenance of Service
109.20.4.1.1 Basic
109204.1..1 First Increment MVWXX $27.00
109.204.1.12 Each Additional Increment MVW1X $27.00
109.204.1.2 Overtime
109.20.4.1.2.1 First Increment MVWOX $36.00
109.20.4.1.2.2 Each Additional Increment MVW2X $36.00
109.20.4.13.1 Premium
109.204.1.3.1 First Increment MVWPX $45.00
10920.4.1.3.2 Each Addjtjonallncrement MVW3X $45.00
109.20.4.2 Ootional Testina (Additional Labor
109.20.4.2.1 Basic, First and Each Additional Increment OTNBX $28.00
109.20.4.2.2 Overtime, First and Each Additional Increment OTNOX $36.00
109.204.2.3 Premium, First and Each Additjonallncrement OTNPX $45.00
109.20.4.3 Dispatch Additional Dispatch - No trouble found VT6DC $100.00
109.20.4.4 Oisoatch for Maintenance of Service. No Trouble Found VT6DM $100.00
109.20.45 NetworkPremises Work Chama
109.20.4.51 Basic
109.20.2.5.1.First Increment HRH11 $38.00
109.2025.12 Each Additional Increment HRHAl $10.00
109.20452 Overtime
109.20.2.5.2.1 First Increment HRH12 $54.00
109.202522 Each Additional Increment HRHA2 $15.00-
109.2045.3 PremÎum
109.20.2.531 First Increment HRH13 $59.00
109.20.2.5.3.2 Each Additional Increment HRHA3 $20.00
109.20.5 Desian and Non-Desian - South
109.20.5.1 Trip Charqe . Premises Visit Charqe NRTCY $25.00
109.20.5.2 Premises Work Charae
109.20.5.2.1 Basic
109.20.5.211 First Increment HRD11 $60.00
109.20.5.2.1.2 Each Additional Increment HRDA1 $30.00
109.20.5.2.2 Overtime
109.20.5.2.2.1 First Increment HRD12 $70.00
109.20.52.2.2 Each Additional Increment HRDA2 $35.00
109.20.5.2.3 Premium
109.20.5.2.3.1 First Increment HRD13 $80.00
109.20.5.2.3.2 Each Additional Increment HRDA3 $40.00
109.20.5.3 Date Chanqe VT6DC $100.00
109.20.5.4 Desian Chanae H28 $50.00
109.20.5.5 Expedite Charae, Per dav advanced EODDB $200.00
109.20.5.6 Cancellation Charae NoUSOC ICB
.
109.23 QLSpTM Installation and Conversion Nonrecurring Charges NRCs)
109.23.1 Conversion NonrecurrinQ Charaes
109.23.1.1 QLSP'M Business, Centrex PAL and PBX Analoo non.DID Trunks Residential
109.23.1.1.1 First line Mechanized URCCU $1.50
109.23.1.1.2 Each Additional Line Mechanized URCCY $0.50
109.23.1.1.3 First Line Manual URCCV $15.00
109.23.1.1.4 Each Additional Line Manual URCCZ $3.00
109.23.1.2 OLSp'M PBX DID Trunks
109.23.1.2.1 First Trunk URCCD $28.84
109.23.1.2.2 Each Additional $2.73
109.23.1.3 OLSP'" ISDN BRI
109.23.1.3 1 First URCCU $30.66
109.23.1.3.2 Each Additional $2.73
109.23.2 Installation Nonrecurrina Charaes
109.23.21 QLSpTM Business Centrex PALi and PBX Analog non-DID Trunks Residential
109.23.2.1.1 First Line (Mechanized NHCRA $50.00
Qwest Local Services Platform™ (QLSpTM) Rate Page -Idaho
J 1 200 h hT
Qwest Local Services Platform TM Agreement QLSp™ Rate Sheet.V1.0 08.15.06 14
109.23.2.2 OLSpTM Analo DID PBX Trunks $15.21
109.23.2.3 OLSpTM ISDN-BRI $272.96
109.23.3 Owest AIN Features
109.23.3.1 Idaho North
109.23.3.2 Idaho South
See Applicable Owsl Retail
Tariff, Calalog or Prie List less
Discount (which will be provided
pursuant to terms and
conditions in CLEC's ICA).
See Applicable Owest Retail
Tariff, Catalog or Price Listless
Discount (which will be provided
pursuant to terms and
conditions in CLEC's ICA).
6
6
109.23.4 Owes. Voice Messa in Services
109.23.4.1 Idaho North
109.23.4.2 Idaho South
See Applicable Owst Retaii
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and
conditions in CLEC's ICA).
See Applicable Owsl Retail
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and
conditions in CLEC's ICA).
6
112 o rational Su art S stems
112.1 Develoments and Enhancements, Sf Local Service Rs uest
112.2 On Din 0 erations, Sf Local Service As uest
112.3 Daily Usage Records File, per Record
All charges and increments
equal the comparable charges
and increments provided in the
Owest Wholesale PCA T.
Notes
Universal Service Order Codes (USOCs) have been provided in an effort to ease item description and USOC association with charges. In the event USOCs are inaccurate
or are revised, Owest reserves the right to correct the Rate Sheet. In the event of any significant change(s), notification will be provided via the standard notification
QLSpTM Business and Residential services utilize the same Class of Service and line Universal Service Order codes (USOCs). QLSpTM Residential services will be biled
at the Analog Port rate and only those lines that specifically qualify for and are identified as serving a residential end-user customer by the presence of the LAWUR USOC
wil receive the Residential end user credit.
2 QLSpTM service includes nondiscriminatory access to all vertical switch features that are loaded in Owests End Ofice Switch. See the PCAT for all compatible and
available vertical switch features. Only vertical switch features with Non-Recurring, Recurring, or Per Occurrence charges are listed. Non-Recurring charges are applicable
whenever a feature is added. whether on new installation, conversion, or change order activity. Those vertical switch features not listed have a rate of $0 for Monthly
Recurring, Non-Recurring, or Per Occurrence charges.
3 Reserved for future use.
4 The Subsequent Order Charge is applicable on a per order basis when changes are requested to existing service, including changing a telephone number, initiating or
removing Suspension or Service, denying or restoring service, adding, removing, or changing features, and other similar requests.
5 OLSpTM ISDN BRI and PBX are 'Design'. Remaining OLSpTM services are 'Non-Design". All charges and increments shall be the same as the comparable charges and
increments provided in Owest Retail Tariffs, Catalogs, or Price lists and are subject to change based on changes in those underlying Owest Retail Tariffs, Catalogs, or
Price Lists. In the event a rate changes, notification wil be provided via the standard notification process.
6 Where the service has been deemed to be a Telecommunications Service, the Discount will be provided pursuant to CLEC's ICA. Where the servtee is not a
Telecommunications Service, the discount will be 18%.
Qwst Local Services Platform™ Agreement OLSp™ Rate Sheel-V1.0 08.15.06 15