20110119Amendment.pdf

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Owest
1600 7th Avenue, Room 1506
Seattle, Washington 98191
[phone]Facsimile [phone] Zßll JAN 19 lUi 9: 27
Qwest$
Spirit of Service'"
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
January i 7,2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-05-09
Application for Approval of Amendment to the Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing with this Commssion on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
mep
Enclosure
cc: Service list
.Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr (g q west.com
;1"' f"'=0~.:': ,,,i
znn 19 p,M 9= 27
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 Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment reached
through voluntary negotiations only if the Commission finds that: the amendment (or portiones)
thereof) discriminates against a telecommunications carrer not a party to this agreement; or the
implementation of such an amendment (or portion) is not consistent with the public interest,
convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the 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 Commssion. Expeditious approval of this Amendment wil enable Trans.
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page i
Trans National Communications International, Inc.
QLSP Agreement
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National to interconnect with Qwest facilties and to provide customers with increased choices
among local telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearng.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 17th day of January, 2011.
',\
Adam L. Sh
Attorney for Qwest
APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Trans National Communications International, Inc.
QLSP Agreement
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CERTIFICATE OF SERVICE
I hereby certify that on this 17th day of January, 2011, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION
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
¡jewell (gpuc.state.id.us
Hand Delivery
U. S. Mail
-Å Overnight Delivery
Facsimile
Email
Trans National Communications Intl., Inc.
Brian C. Twomey, President
2 Charlesgate West
Boston, MA 02215
Hand Deli very
-L u. S. Mail
Overnight Delivery
Facsi e
Maura Peterso
Paralegal, Qwest orporation
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Trans National Communications International, Inc.
QLSP Agreement
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QWEST LOCAL SERVICES PLATFORMTM AGREEMENT zan JAN l 9 AM 9: 28
This Qwest Local Services Platform ™ ("OLSP TM") Agreement, together with the Attachments hereto and Rate, ¡-,
incorporated herein by reference ("Agreement") is between Qwest Corporation ("Owest"), a Colorado cori:QrP ,\,..' ~
Trans National Communications International, Inc. ("CLEC"), (each identified for purposes of this Agrèèrtèh ~'t~
signature blocks below, and referred to separately as a "Party" or collectively as the "Parties"). The undersigned Parties have
read and agree to the terms and conditions set forth in this Agreement.
Qwest Corporation:
By: -'
Name:
Title:
Date:
ns International, Inc.:
By:
Name:
Title:
Date:
NOTICE INFORMA liON: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director - Interconnection Agreements
1801 California Street. 24th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: ìntagree(âgwest.com
With copy to:
Qwest Law Departent
Wholesale Interconnecton
1801 Califrnia Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.ntercnneclon(âgwest.comCLEC: .
Trans National Communications International, Inc.
Brian C. Twomey, President
2Charlesgate West
Boston. MA 02215
PH: 617-369-1210
Fax: [phone]
btwomey(âtncii.com
APPLICABLE STATES:""--"',-_., _.....,
$OUlh'Oäkòta-....---------_.----IOwest agrees to offer and CLEC intends to porl:ervice Tñ-- .=
the states indicated below by CLEC's signatory initialing (or an
"X") on the applicable blanks. Note: If CLEC chooses to
Indicate Washingtoo, CLEC must select only one (1) of the -. Utah
Washington ServIce offerings. CLEC may not change Its
Washington selection after this Agreement is executed...-.............-...
Arizona
Colorado
Idaho
Iowa
Minnesota
Montana
Nebraska
New Mexico
North Dakota
Oregon
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).
-L Wyoming
Nov 8. 2010/caclrans National Comm International
AZ=C05-10110B-0235; CQ=CDS-10110B-0236; IO=COS-10110S.,237; IA=C05-10110B-0238; MN=C05-101108.0239; MT=CDS.10110S.,240;
NE=CDS-101108.0241; NM=CÐS-10110B-0242; NO=CDS-101108.0243; OR=CDS-101108-0244; SD=CDS-10110B-0245; UT=CDS.10110B-0246;WA=CDS-10110B-0247; WY=CDS.101108-0248 .Owest QLspni MSA - (v10-15-10) Page 1 of 11
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This Qwest Local Serices Platform™ ("QLSpTM") Agreement, together with the Attchments hereto and Rate Sheets,
incorporated herein by reference ("Agreement" is between Qwest Corporation ("Qwest"), a Colorado corporation, and
Trans National Communications International, Inc. ("CLEC"), (each identified for purposes of this Agreement in the
signature blocks below, and referred to separately as a "Part" or collectively as the "Parties"). The undersigned Parties have
read and agree to the terms and conditions set forth in this Agreement.
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
Qwest Corporation:Trans National Communications International, Inc.:
By:
Name:
Title:
Date:
By:
Name: L. 1. Christensen
Title: Director - Wholesale Contracts
Date:
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director - Interconnection Agreements
1801 California Street, 24th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagreeÚÙgwest.com
With copy to:
Qwest Law Department
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectionÚÙgwest.com
CLEC:
~National Communications International, Inc.
~rI~; C. Twomey, President
2 Charlesgate West
Boston, MA 02215
PH: 617-369-1210
Fax: [phone]
btwomeyÚÙtncii.com
APPLICABLE STATES:
Qwest 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 aftr this Agreement is executed.
-- South Dakota
-- Utah
~ Arizona
-- Colorado
~ Idaho~ Iowa
~ Minnesota
~ Montana
~ Nebraska
~ NewMexico
~ North Dakota~ Oregon -L Wyoming
A10v 8, 2010/caclrans National Comm International
~=CDS-1 011 08-0235; CO=CDS-1 011 08-0236; ID=CDS-1 011 08-0237; IA=CDS-1 011 08-0238; MN=CDS-1 011 08-0239; MT=CDS-1 011 08-0240;
NE=CDS-1 011 08-0241 ; NM=CDS-101108-0242; ND=CDS-101108-0243; OR=CDS-101108-0244; SD=CDS-101108-0245; UT=CDS-101108-0246;
WA=CDS-1 011 08-0247; WY=CDS-1 011 08-0248
Qwest QLSpTM MSA - (v10-15-10)
Washington 7.0 (with Commercial Perfrmance
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).
Page 1 of 11
WHEREAS, CLEC desires to purchase from Qwest certain combinations of Network Elements, ancilary functions, and additional ..
features, including without limitaion, the local Loop, Port, swtching, and Shared Transport.
Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Qwest mutually agree as follows:
1. Definitions. Capitalized terms used herein are defined in
Attchment 1.
2. Effctive Date. This Agreement is effective upon the
later of (i) January 4, 2011 or (ii) the date that it is fully executed by all
of the Partes ("Effective Date").
3. Term. The term of this Agreement begins on the
Effecive Date and continues through December 31, 2013. In the
event that at the expiration of this Agreement CLEC has any remaining
Customers served under this Agreement, Qwt may immediately
convert CLEC to an equivalent alternative servce at market-based
wholesale rates.
4. Scope of Agreement; Servce Provisionina; Controllna
Documents; Change of Law; Eligibilty for Services under this
Agreement; Non-Applicabilty of Change Management Process.
4.1 The Services ("Services") descrbed in this Agreement will
only be provided in Qwests incumbent LEC servce terrtory 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 Attchment,
Rate Sheet, this Agreement, and any effective Order Form hereunder.
The Parties agree that the Services offered and purchased under this
Agreement are subject to compliance with Applicable Law and
obtaining any domestic or foreign approvals and authorizations
required or advisable.
4.3 The provisions in this Agreement are intended to be in
compliance with and based on the existing state of Applicable Law,
including but not limited to Federal rules, regulations, and laws. as of
the Effective Date ("Existing Rules"). Nothing in this Agreeent shall
be deemed an admission by Qwest or CLEC concerning the
interpretation or effect of the Existing Rules or an admission by Qwest
or CLEC that the Existing Rules should not be changed, vacated,
dismissed, stayed or modified. Nothing in this Agreement shall
preclude or estop Qwest or CLEC from taking any position in any
forum concerning the proper interpretation or effect of the Existing
Rules or concerning whether the Existing Rules should be changed,
vacated, dismissed, stayed or modified.
4.4 If any change in Applicable Law materially impairs a Parts
abilty to perform or obtain a benefit under this Agreement, both Partes
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
certfied CLEC under Applicable Law. CLEC may not purchase or
utilize Servces covered under this Agreement for its own
administrative use or for the use by an Affliate.
4.6 Except as otherwse provided in this Agreement, the Partes
agree that Services provided under this Agreement are not subjec to
the Qwest Wholesale Change Management Process ("CMP"), Owests
Performance Indicators ("PID"), Performance Assurance Plan ("PAP"),
or any other wholesale service quality standards, or liquidated
damages and remedies. Except as otherwse provided, CLEC hereby
waives any rights it may have under the PID, PAP and all other
wholesale service quality standards to liquidated damages, and
remedies with respect to Services provided pursuant to this
Agreement. Any CLEC-proposed changes to the attributes of any
Service or procss enhancements will be communicated through the
standard accunt interfce. Change requests common to shared
systems and proceses subject to CMP will continue to be addressed
via the CMP proceures.
5. CLEC Information. CLEC agrees to work with Qwest in
good faith to promptly complete or update, as applicable, Qwests
"New Customer Questionnaire" to the extent that CLEC has not
already done so, and CLEC shall hold Qwest harmles for any
damages to or claims from CLEC caused by CLEC's failure to promptly
complete or update the questionnaire.
6. Financial Terms.
6.1 The descrption of the Service and applicable rates are set
fort in the Attchments hereto and Rate Sheets. The Partes agree
tht the reference rates are just and reasonable.
6.2 Taxes. Fees. and other Governmental Impositions.
All charges for Service provided herein 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, eve"
the obligation to collect and remit such Taxes is place upon the 0
Part. However, where the sellng Part is specifically permitted b
Applicable Law to collect such Taxes from the purchasing Part, such
Taxes shall be borne by the Part purchasing the services. Taxes
shall be biled as a separate item on the invoice in accordance with
Applicable Law. The Part billing such Taxes shall, at the written
request of the Part being biled, provide the biled Part with detailed
information regarding biled Taxes, including the applicable Tax
jurisdiction, rate, and base upon which the Tax is applied. If either
Part (the Contesting Part) contests the application of any Tax
collected by the other Part (the Collecting Part), the Collecting Part
shall reasonably cooperate in good faith with the Contesting Part's
challenge, provided that the Contesting Part pays all reasonable costs
incurred by the Collecting Part. The Contesting Part is entitled to the
benefit of any refund or recovery resulting from the contest, provided
that the Contesting Part has paid the Tax contested. If the
purchasing Part provides the sellng Part with a resale or other
exemption certificate, the sellng Part shall exempt the purchasing
Part if the sellng Part accpts the certificate in good faith. If a Part
becomes aware that any Tax is incorrectly or errneously collected by
that Part from the other Part or paid by the other Part to that Part,
the Part that received such Tax shall refund the incorrectly or
erroneously collected Tax or paid Tax to the other Part.
6.3 Each Part is solely responsible for any tax on its corporate
existence, status or income and each Part shall be solely responsible
for all taxes on its own business, the measure of which is its own net
income or net worth and shall be responsible for any related tax filings,
payment, protest, audit and litigation. Each Part shall be solely
responsible for the biling, collection and proper remittance of all
applicable Taxes relating to its own services provided to its own
Customers.
Nov 8, 2010/caclrans National Gomm International .
AZ=CDS-101108-0235; CO=CDS-101108-0236; ID=CDS-101108-0237; IA=CDS-101108-0238; MN=CDS-101108-0239; MT=CDS-101108-0240;
NE=CDS-101108-0241; NM=CDS-101108-0242; ND=CDS-101108-0243; OR=CDS-101108-0244; SD=CDS-101108-0245; UT=CDS-101108-0246;
WA=CDS-101108-0247; WY=CDS-101108-0248QwestQLSPTM MSA-(v10-15-10) Page20f11
. Intellectual Property.
7.1 Except for a license to use any facilities or equipment
(including softre) solely for the purposes of this Agreement or toreceive Service solely as provided in this Agreement or as specifilly
required by the then-applicable federal rules and regulations relating to
Services provided under this Agreeent, nothing contained in this
Agreement shall be construed as the grant of a license, either express
or implied, with respec to any patent, copyright, trade name,
trademark, service mark, trade. secret, or other proprietary interest or
intellectual propert, now or hereafter owned, contrlled or licensable
by either Part. Neither Part may use any patent, copyrght, trade
name, trademark, service mark, trade secret, nor other proprietary
interest or intellectual propert, now or hereafter owned, controlled. or
licensable by either Part without execution of a separate written
agreement between the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each. Part (an Indemnifying Part) shall indemnify and
hold the other Part (an Indemnified Part) harmless from and against
any loss, cost, expense or liabilty arising out of a claim th.at the
services provided by the Indemnifying Part provided or used pursuant
to the terms of this Agreement misappropriate or otherwse violate the
intellectual propert rights of any third part. The obligation for
indemnification recited in this paragraph shall not extend to
infrngement which results from:
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A. any combination of the facilties or services of the
Indemnifying Part with facilties or services of any other Person
(including the Indemnified Part but excluding the Indemnifyng
Part and any of its Affliates), which combination is not made by
or at the direction of the Indemnifying Part or is not reasonably
necessary to CLEC's use of the Services offered by Qwest under
this Agreement; or
B. any modification made to the facilities or services of the
Indemnifying Part by, on behalf of, or at the request of the
Indemnified Part and not required by the Indemnifying Part.
7.3 In the event of any claim, the Indemnifying Part may, at its
sole option, obtain the right for the Indemnifed Part to continue to use
any infrnging facilty or service or replace or modify any infringing
facility or service to make such facilty or service non-infringing.
7.4 If the Indemnifying Part is not reasonably able to obtain the
right for continued use or to replace or modify the facilty or servce as
provided above and either the facility or service is held to be infrnging
by a court of competent jurisdiction or the Indemnifying Part
reasonably believes that the facility or service will be held to infringe,
the Indemnifying Part will notify the Indemnified Part and the Partes
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 furter
infringement.
7.5 The Indemnifying Part may request that the Indemnified
Part take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting
modifications to the facilties or serices, and such request shall not beunreasonably denied. .
7.6 To the extent required under Applicable Law, Qwest shall
use commercially reasonable efforts to obtain, from its vendors who
have licensed intellectual propert rights to Qwest in connecton with
Services provided hereunder, licenses under such intellectual propert
rights as necessary for CLEC to use such Servces as contemplated
hereunder and at least in the same manner used by Owest for the
Servces provided hereunder. Owest shall notify CLEC immediately in
the event that Owest believes it has used its commercally reasonable
effort to obtain such rights,. but has been unsuccssful in obtaining
such rights. Nothing in this subsection shall be construed in any way
to condition, limit, or alter a Parts indemnification obligations under
Section 7.2, precing.
7.7. Neither Part shall without the express wrtten permission of the
other Part, state or imply that it is conneced, or in any way affliated
with the other or its Affliates; it is part of a joint business association or
any similar arrngement with the other or its Affliates; the other Part
and its Affliates are in any way sponsoring, endorsing or certifying it
and its goods and services; or with respect to its marketing, advertsing
or promotional activities or materials, state or imply that the services
are in any way associated with or originated from the other Part or
any of its Affliates. In additon, CLEC, including its employees,
representatives and agents, will not state or otherwse indicate, directly
or indirectly, to its end-users or prospective end-users: (a) that they will
be Owest customers or that they may obtain Owest service from CLEC
or (b) that CLEC has or the end-user will have any relationship with
Owest. Without limiting the foregoing, CLEC must not use a name,
trademark, service mark, copyright or any other intellectual propert
owned by Owest or its Affliates, except that CLEC may communicate
that Qwest is one of the underlying carriers from which CLEC
purchases services if CLEC has obtained the prior wrtten consent of
the Owest Law Departent. This is a non-exclusive agreement.
Nothing in this Agreement prevents Qwest from offering to sell or
sellng any services to other parties.
7.8 Nothing in this Section prevents either Part from trthfully
describing the Services it uses to provide service to its End User
Customers, provided it does not represent the Servces as originating
from the other Part or its Affliates or otherwse attempt to sell its End
User Customers using the name of the other Part or its Affliates.
Qwests name and the names of its affliates are proprietary and
nothing in this Agreeent constitutes a license authorizing their use,
and in no event will CLEC, including its employees, representatives
and agents, attempt to sell any Services to its end-users using the
name, brand or identity of Owest or Owests Affliates in any way.
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
Part may seek injunctive relief.
8. Financial Responsibilty, Payment and Security.
8.1 Payment Obligation. Amounts payable under this
Agreement are due and payable within thirt (30) Days after the date of
invoice ("Payment Due Date"). If the Payment Due Date falls on a
Sunday or on a holiday which is observed on a Monday, the payment
date 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 preceing 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.
.v 8, 2010/caclrans National Comm International
=CDS-1 011 08-0235; CO=CDS-1 011 08-0236; i D=CDS-1 011 08-0237; IA=CDS-1 011 08-0238; MN=CDS-1 011 08-0239; MT=CDS-1 011 08-0240;
NE=CDS-101108-0241; NM=CDS-101108-0242; ND=CDS-101108-0243; OR=CDS-101108-0244; SD=CDS-101108-0245; UT=CDS-101108-0246;
WA=CDS-1 01108-0247; WY=CDS-1 011 08-0248Qwst OLSpTM MSA - (v1 0-15-1 0) Page 3 of 11
8.2 Cessation of Order Processing. Qwest may discontinue
processing orders for Service for any breach by CLEC of this
Agreement, including without limitation, the failure of CLEC to make full
payment for Services, less any good faith disputed amount as provided
for in this Agreement, within thirt (30) Days following the Payment
Due Date; provided that Qwest has first notified CLEC in wrting at
least ten (10) business days pnor to discontinuing the procesing of
orders for Servce. If Qwest does not refuse to accpt additional
orders for Services on the date specified in the ten (10) business days
notice, and CLEC's non-compliance continues, nothing contained
herein shall preclude Qwests nght to refuse to accept additional orders
for Services from CLEC without further notice. For order processing to
resume, CLEC will be required to cure any breach and make full
payment of all past-due charges for Services not disputed in good faith
under this Agreement, and Qwest may require a deposit (or recalculate
the deposit) pursuant to Section 8.5. In addition to other remedies that
may be available at law or equity, Qwest reserves the nght to seek
equitable relief including injunctive relief and specfic perfrmance.
8.3 Disconnection. Qwst may disconnect any Services
provided under this Agreement for any breach by CLEC of this
Agreement that is not cured by CLEC in accrdance with Secon 11
herein, including without limitation, failure by CLEC to make full
payment for such Service, less any good faith disputed amount as
provided for in this Agreement, within sixt (60) Days following the
Payment Due Date provided that Qwst has first notified CLEC in
writing at least ten (10) business days pnor 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 Section 8.3. In case of such
disconnection, all applicable undisputed charges, including termination
charges, will become due and payable. If Qwst 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 Qwests nght 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 Service and Qwst 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, Qwest reserves the
nght to seek equitable relief, including injunctive relief and specific
perfrmance. Notwthstanding the foregoing, Owest will not effect a
disconnection pursuant to this Section 8.3 in such manner that CLEC
may not reasonably comply with Applicable Law conceming End User
Customer disconnection and notification, provided that, the foregoing is
subject to CLEC's reasonable dilgence in effectng such compliance.
8.4 Biling Disputes. Should CLEC dispute, in good faith, and
withhold payment on any porton of the charges under this Agreement,
CLEC will notify Qwest in writing within fifteen (15) Days following the
Payment Due Date identifying the amount, reason and rationale of
such dispute. At a minimum, CLEC will pay all undisputed amounts
due to Qwest. Both CLEC and Qwest agree to 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 remedies.
A. If CLEC disputes charges and does not pay such charges by
the Payment Due Date, such charges may be subject to late
payment charges. If the disputed charges have been withheld
and the dispute is resolved in favor of Qwest, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing further dispute resolution. If the
disputed charges have been withheld and the diSPU, te is reSOlVed.,.
in favor of CLEC, Qwst wiD credit CLEC's bil for the amount
the disputed charges and any late payment charges that ha
been assesed no later than the second Bil Date after the
reolution of the dispute.
B. If CLEC pays the disputed charges and the dispute is
resolved in favor of Qwest, no furter action is required. If CLEC
pays the charges disputed at the time of payment or at any time
thereafter, and the dispute is resolved in favor of the CLEC,
Qwest will adjust the Biling, usually within tw Biling cycles after
the resolution of the dispute, as follows: Owest will credit the
CLEC's bil for the disputed amount and any associated interest;
or if the disputed amount is greater than the bil to be credited,
pay the remaining amount to CLEC.
C. The interest calculated on the disputed amounts will be the
same rate as late payment charges. In no event, however, will
any late payment charges be assessed on any previously
assessed late payment charges.
D. If CLEC fails to dispute a rate or charge within 60 Days
following the invoice date on which the rate or charge appeared,
adjustment will be made on a going-forwrd basis only, beginning
with the date of the dispute.
8.5 Security Deposits. In the event of a matenal adverse
change in CLEC's financial condition subsequent to the Effective Date
of this Agreement, Qwst may request a secunty deposit. A "matenal
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 Qwest, or the Part is repeatedly
delinquent in making its payments, or is being reconnected after a
disconnecon of Service or discontinuance of the processing of orde.,
by Qwest due to a previous failure to pay undisputed charges in
timely manner or due to the failure by CLEC to cure a breach of this
Agreement in a timely manner. Qwest may require a deposit to be
held as secnty for the payment of charges before the orders from
CLEC will be provisioned and completed or before reconnection of
Servce. "Repeatedly Delinquent" means any payment of a material
amount of total monthly Biling under this Agreement received after the
Payment Due Date, three (3) or more times dunng the last twelve (12)
month period. The deposit may not exceed the estimated total monthly
charges for a tw (2) month penod based upon recent Billing. The
deposit may be an irrevocable bank letter of credit, a letter of credit
with terms and conditions accptable to Owest, or some other form of
mutually accptable secunty 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 secunty deposit exceed five milion dollars ($5,000,000.00).
Required deposits are due and payable within thirt (30) Days after
demand and non-payment is subject to the terms and provisions of
Secton 8.2 and Secton 8.3 of this Agreement.
8.6 Interest on Deposits. Any interest eamed on cash deposits
will be credited to CLEC in the amount actually eamed or at ,the rate
set fort in Secton 8.7 below, whichever is lower, except as otherwse
required by law, provided that, for elimination of doubt, the Partes
agree that such deposits are not subject to state laws or regulations
relating to consumer or End User Customer cash deposits. Cash
deposits and accrued interest, if applicable, will be credited to CLEC's
accunt or refunded, as appropnate, upon the earlier of the expiration
of the term of this Agreement or the establishment of satisfactory credit
with Qwest, which will generally be one full year of consecutive timely
payments of undisputed amounts in full by CLEC. Upon a matenal
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change in financial standing, CLEC may request, and Owest will
ensider, a reclculation of the deposit. The fact that a deposit hasen made does not relieve CLEC from any requirements of this
Agreement.
8.7 . Late Payment Charge. If any porton of the payment is
received by Qwet after the Payment Due Date, or if any portion of the
payment is received by Qwest in funds that are not immediately
available, then a late payment charge will 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 (i) the highest interest rate (in decimal value) which may be
levied by law for commercial transactions, compounded daily for the
number of Days from the Payment Due Date to and including the date
that the CLEC actually makes the payment to Owst; or (ii) 0.000407
per Day, compounded daily for the number of Days from the Payment
Due Date to and including the date that the CLEC actually makes the
payment to Qwest.
8.8 CLEC must not remit payment for the Services with funds
obtained through the American Recovery and Reinvestment Act (or
ARRA) or other similar stimulus grants or loans that would obligate
Qwest to provide certin information or perform certin functons
unless those functions and obligations are specifically agreed to by the
partes in this Agreement or in an amendment to this Agreement.
9. Conversions. If CLEC is obtaining servces from
Owest under an arrangement or agreement that includes the
application of termination liabilty assessment (TLA) or minimum period
charges, and ifCLEC wishes to convert such services to a Service
under this Agreement, the conversion of such services will not be
delayed due to the applicabilty of TLA or minimum period charges.
The applicabilty of such charges is governed by the terms of the
original agreement, Tariff or arrangement. Nothing herein will be
.nstrued as expanding the rights otherwse granted by this
reement 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' servce
ne~s: in~luding without limitation, sales, service design, order taking,
Provisioning, change orders, trining, 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 Owet will be
instructed to contact CLEC, and Qwests End User Customers
contacting CLEC will be instructed to contact Qwest. In responding to
calls, neither Part will make disparaging remarks about the other
Part. To the extent the correct provider can be determined,
misdirected calls received by either Part will be 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 servces with CLEC's or Qwests End User
Customers who call the other Part.
10.1 In the event Qwest 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 Qwest be responsible for
providing such notice to CLEC's End User Customers.
in addition to the foregoing, Owest may cease to accpt orders from
CLEC for Servces in accrdance with Section 8.2 above. The
remedies available to each Part pursuant to this Agreement are not to
be considered exclusive of one another and will be cumulative.
12.Limitation of Liabilty.
12.1 CLEC's exclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwse limited by this Agreement to outage credits or other
service credits, in which case Owsts total liabilty will not exce the
aggregate amount of any applicable credits due.
12.2 Except for indemnification and payment obligations under
this Agreement, neither Part shall be liable to the other for indirect,
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, lost revenues, lost
savings suffered by the other Part regardless of the form of action,
whether in contract, warrnty, strct liabilty, 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 Part's
liabilty to the other for willful misconduct, provided that, a Part's
liabilty to the other Part pursuant to the foregoing exclusion, other
than direct damages, will be limited to a total cap equal to one hundred
per cent (100%) of the annualized run rate of total amounts charged by
Owest to CLEC under this Agreement.
13.Indemnity.
13. 1 The Partes agree that unless otherwse specifically set fort
in this Agreement, the following constiute the sole indemnification
obligations between and among the Parties:
A. Each Part (the Indemnifying Part) agrees to release,
indemnify, defend and hold harmless the other Part and each ofits offcers, directors, employees and agents (each, an
Indemnitee) from and against and in respect of any loss, debt,
liabilty, damage, obligation, claim, demand, judgment or
settlement of any nature or kind, known or unknown, liquidated or
unliquidated including, but not limited to, reasonable 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 Part's
breach of or failure to perform under this Agreement, regardless
of the form of action, whether in contract, warranty, strict liabilty,
or tort including (without limitation) negligence of any kind.
B. In the case of claims or losses alleged or incurred by an End
User Customer of either Part arising out of or in connection with
Services provided to the End User Customer by the Part, the
Part whose End User Customer alleged or incurred such claims
or loss (the Indemnifying Part) shall defend and indemnify the
other Part and each of its offcers, directors, employees and
agents (each, an Indemnified Part) against any and all such
claims or loss by the Indemnifying Part's End User Customers
regardless of whether the underlying Service was provided or was
provisioned by the Indemnifed Part, unless thé loss was caused
by the gross negligence or willful misconduct of the Indemnified
Part. The obligation to indemnify with respect to claims of the
Indemnifying Part's End User Customers shall not extend to any
claims for physical bodily injury or death of any Person or
11. Default and Breach. If either Part defaults in the payment
of any amount due hereunder, or if either Part violates any other
material provision of this Agreement and such default or violation
continues for thirt (30) Days after written notice thereof, the other
Part may terminate this Agreement and seek relief in accrdance with
any remedy available under this Agreement, including without
limitation, the Dispute Resolution provisions of Secion 25 herein and,
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persons, or for loss, damage to, or destrcton of tangible
propert, 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 Part.
13.2 The indemnification provided herein is conditioned upon the
following:
A. The Indemnified Part will promptly notify the Indemnifying
Part of any action taken against the Indemnified Part relating to
the indemnification. Failure to so notify the Indemnifying Part will
not relieve the Indemnifying Part of any liabilty that the
Indemnifying Part might have, except to the extent that such
failure prejudices the Indemnifying Parts abilty to defend such
claim.
B. If the Indemnifying Part wishes to defend against suc
action, it will give wrtten notice to the Indemnified Part of
acceptance of the defense of such acton. In such event, the
Indemnifying Part has sole authority to defend any such action,
including the selecton of legal counsel, and the Indemnified Part
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifying Part does not
accept the defense of the acton, the Indemnified Part has the
right to employ counsel for such defense at the expense of the
Indemnifying Part. Each Part agrees to cooperate with the
other Part in the defense of any such action and the relevant
records of each Part will be available to the other Part with
respect to any such defense.
C. In no event will the Indemnifying Part sette or consent to
any judgment for relief other than monetary damages pertining
to any such action without the prior wrtten consent of the
Indemnified Part. In the event that the Indemnified Part
withholds consent, the Indemnified Part may, at its cost, take
over such defense; provided that, in such event, the Indemnifying
Part shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnified Part against, any cost or
liabilty in excess of such refused compromise or settement.
14. Limited Warranties.
14.1 Each Part will provide suitably qualified personnel to perfrm its
obligations under this Agreement and provide all Services hereunder in
a good and workmanlike manner and in material conformance with all
Applicable Laws and regulations.
14.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
QWEST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED
HEREUNDER. QWEST SPECIFICALLY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
15. Relationship. Except to the limited extent expressly
provided in this Agreement, neither Part has the authority to bind the
other by contract or otherwse or make any representations or
guarantees on behalf of the other or otherwse act on the othets
behalf. The relationship arising frm this Agreement does not
constitute an agency, joint venture, partnership, employee relationship
or franchise. Qwest is actng as an independent contractor and will
have exclusive control of the manner and means of performing its
obligations. Notwthstanding anyting herein to the contrary, Ow~s .
reserves the right, in its sole discretion, to modify or change the na
of the Servce.
16. Assignment.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior wrtten consent of Owest, which
consent will not be unreasonably withheld. Notwthstanding the
foregoing and subject to 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 Qwest)
and approval by Qwest of CLEC's proposed assignee, CLEC may
assign this Agreement without prior wrtten consent of Qwest to any
Affliate, succsor through merger, or acquirer of substantially all of its
assets; and Qwest may assign this Agreement without prior wrtten
consent to any Affliate, succssor through merger, or acquirer of
substantially all of its busines assets; provided that in all cases the
assignee of CLEC or Owst, 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 as to the Partes' respective succssors and assigns.
16.2 In the event that Qwest transfers to any unaffliated part
exchanges, including End User Customers that CLEC serves in whole
or in part through Services provided by Qwest under this Agreement,
Owst will ensure that the trnsferee serves as a succsor to and
fully perfrms all of Qwests responsibilties and obligations under this
Agreement for a period of ninety (90) Days from the efective date of
such trnsfer or until such later time as the FCC may direct pursuant to
the FCC's then applicable statutory authority to impose such
responsibilties either as a condition of the transfer or under such other
state statuory authority as may give it such power. In the event of
such a proposed trnsfer, Qwest will use its best effort to facilta.
discussions betwen CLEC and the transferee with respect to t
trnsferee's assumption of Owests obligations after the trnsitio
period set fort above in accrdance with the terms and provisions of
this Agreement.
17. Reporting Requirements. If reporting obligations or
requirements are imposed upon either Part by any third part or
regulatory agency in connection with this Agreement or the Services,
including use of the Services by CLEC or its End Users, the other
Part agrees to assist that Part in complying with such obligations and
requirements, as reasonably required by that Part.
18. Survival. The expiration or termination of this Agreement
does not relieve either Part of those obligations that by their nature
are intended to survive.
19. Confidentiality Nondisclosure.
19.1 Neither Part will, without the prior wrtten consent of the
other Part (a) issue any public announcement regarding, or make any
other disclosure of the terms of, this Agreement or use the name or
marks of the other Part or its Affliates; or (b) disclose or use (except
as expressly permitted by, or 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 Departent.
However, a Part 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 Part gives the non-disclosing
Part reasonable prior wrtten notice and the receiving Part will
coperate with the disclosing Part to seek or take appropriate
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lirotective measures and will make such disclosure in a manner to best
otect the Confidential Information from further disclosure.
twthstanding the foregoing, if reportng or filing obligations or
requirements are imposed upon Owest by any third part or regulatory
agency in connection with this Agreement, CLEC agrees to assist
Qwest. in complying with such obligations and requirements, as
reasonably required by Qwest 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 secton. Each Part
will use reasonable effort to protect the othets Confidential
Information, and will use at least the same effort to protect such
Confidential Information as the Part would use to protect its own.
19.2 All Confidential Information will remain the propert of the
disclosing Part. A Part who receives Confidential Information via an
oral communieation may request wrtten confirmation that the material
is Confidential Înformation. A Part who delivers Confidential
Information via an oral communication may request written
confirmation that the Part receiving the information understands that
the material is Confidential Information. Each Part has the right to
correct an inadvertent failure to identify information as Confidential
Information by giving wrtten notification within thirt (30) Days after the
information is disclosed. The receiving Part will from that time
forwrd, treat such information as Confidential Information.
19.3 Upon request by the disclosing Part, the receiving Part will
retum all tangible copies of Confidential Information, whether wrtten,
graphic or otherwse, except that the receiving Part may retain one
copy for archival purposes.
19.4 Each Part will keep all of the other Part's Confidential
Information confidential and will disclose it on a need to know basis
only. Each Part will use the other Parts Confidential Information
only in connection with this Agreement and in accrdance with
.Plicabie Law. Neither Part will use the other Part's Confidentialormation for any other purpose except upon such terms and
nditions as may be agreed upon between the Partes in writing. If
either Part loses, or makes an unauthorized disclosure of, the other
Part's Confidential I nfornation , it will notify such other Part
immediately and use reasonable efforts to retrieve the information.
19.5 Effectve Date of this Section. Notwthstanding any other
provision of this Agreement, the Confidential Information provisions of
this Agreement apply to all information furnished by either Part to the
other .in furtherance of the purpose of this Agreement, even if furnished
before the Effective Date.
19.6 Each Part agrees that the disclosing Part could be
irreparably injured by a breach of the confidentiality obligations of this
Agreement by the receiving Part or its representatives and that the
disclosing Part is entitled to seek equitable relief, including injunctive
relief and specific performance in the event of any breach of the
confidentiality provisions of this Agreement. Such remedies are not
the exclusive remedies for a breach of the confidentiality provisions of
this Agreement, but are in addition to all other remedies available at
law or in equity.
19.7 Nothing herein should be construed as limiting either Part's
rights with respect to its own Confidential Information or its obligations
with respect to the other Part's Confidential Information under Section
222 of the Act.
20. Waiver. Except as otherwse provided herein, neither
Part's failure to 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 Part reserves its rights with
respect to whether this Agreement is subject to Sections 251 and 252
of the Act. In the event the FCC, a state commission or any other
governmental authority or agency rejects or modifies any material
provision in this Agreement, whether by direct action or by virtue of
generic proceedings, including without limitation, any pricing terms,
either Part may immediately upon wrtten notice to the other Part
terminate this Agreement in whole or in part, including without
limitation, with respect to Servce in any state. In the event a Part
exercises its right to terminate pursuant to this Section 21, the other
Part agrees to consent to any regulatory approvals necessary to
disconnect any. circuits provided pursuant to this Agreement and
further agrees to provide any required notice to affeced customers
within five (5) business days of such notice. If a Part is required by a
lawful, binding order to file this Agreement or a provision thereof with
the FCC or state regulatory authorities for approval or regulatory
review, the filing Part shall provide written notice to the other Part of
the existence of such lawful, binding order so that the other Part may
seek an injunction or other relief frm such order. In addition, the filing
Part agrees to reasonably cooperate to amend and make
modifications to this Agreement to allow the filing of this Agreement or
the specific part of this Agreement affected by the order to the extent
reasonably necessary.
22. Notices. Any notice required by or concerning this
Agreement will be in wrting and will be suffciently given If delivered
personally, delivered by prepaid overnight express service, sent by
facsimile with electronic confirmation, or sent by certfied mail, return
receipt requested, or by email where specified in this Agreement to
Qwest and CLEC at the addresses shown on the cover sheet of this
Agreement. Notwthstanding anyting herein to the contrary, Qwest
may provide notice via email or by posting to Owests website without
duplicate wrtten notification for. (v) marketing notices; (w) notice
provided under Section 8; (x) rate change notice; or (y) notice
regarding changes in maintenance windows.
23. Force Majeure. Neither Part shall be liable for any delay
or failure in performance of any part of this Agreement from any cause
beyond its control and without its fault or negligence including, without
. limitation, acts of nature, acts of civil or miltary authority, government
regulations, embargoes, epidemics, terrorist acts, riots, insurrections,
fires, explosions, eartquakes, nuclear accidents, floods, work
stoppages, power blackouts, volcanic action, other major
environmental disturbances, or unusually severe weather conditions
(each, a Force Majeure Event). Inabilty to secure product or services
of other Persons or trnsporttion facilties or act or omissions of
transporttion carriers shall be considered Force Majeure Events to
the extent any delay or failure in performance caused by these
circumstances is beyond the Part's control and withut that Part's
fault or negligence. The Part affeced by a Force Majeure Event shall
give prompt notice to the other Part, shall be excused from
performance of its obligations hereunder on a day to day basis to the
extent those obligations are prevented by the Force Majeure Event,
and shall use reasonable effort to remove or mitigate the Force
Majeure Event. In the event of a labor dispute or strke the Parties
agree to provide Service to each other at a level equivalent to the level
they provide themselves.
24. Governing Law. Colorado state law, without regard to
choice-of-Iaw principles, 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 Part may give wrtten notice to the other
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Part of any dispute not resolved in the normal course of business.
Each Part will, within seven (7) Days after delivery of the wrtten
notice 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 reslve the dispute. The Parties intend
that these negotiations be conducted by non-lawyer, business
representatives, and the loctions, format, frequency, duration, and
conclusions of these discussions will be at the discetion 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 thes
negotiations will be treated as Confidential Information developed for
purposes of settement, and will be exempt frm discovery and
production, and are not admissible in any subsequent proceedings
without the concurrence of both Parties.
25.2 If the designated representatives have not reached a
resolution of the dispute within fifteen (15) Days after the written notice
(or such longer period as agreed to in writing by the Parties), then
either Part may commence a civil action. Any action will be brought in
the United States District Court for the Distrct of Colorado if it has
subject matter jurisdiction over the action, and shall otherwse 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 Jurv Trial and Class Acton. Each Part, 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 acton
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 Part
more than tw (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 otherwse affec the
meaning of any terms of this Agreement.
27. Authorization. Each Part 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 Part'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 Part 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 will they be for the benefit of or enforceable
by, any third part (including, without limitation, CLEC's Affliates and
End Users).
29. Insurance. Each Part shall at all times during the 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 liabilty arising from its operations for which
that Part has assumed legal responsibilty in this Agreement. If aPart or its parent company has assets equal to or exceedi.
$10,000,000,000, that Part may utilize an Affliate captive insuran
company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Part is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Secton, to the extent its affliated Part
fails to meet such obligations.
29.1 Worker' Compensation with statutory limits as required in
the state of operation and Employers' Liabilty insurance with limits of
not less than $100,000 each accdent.
29.2 Commercial General Liabilty insurance covering claims for
bodily injury, death, personal injury or propert damage, including
coverage for independent contractor's protection (required if any work
will be subcontracted), products and/or completed operations and
contractual liabilty with respect to the liabilty assumed by each Part
hereunder. The limits of insurance shall not be less than $1,000,000
each occurrence and $2,000,000 general aggregate limit.
29.3' "All Risk" Propert coverage on a full replacement cost basis
insuring all of such Parts personal propert situated on or within the
Premises.
29.4 Each Part may be asked by the other to provide
certficate(s) of insurance evidencing coverage, and thereafter shall
provide such certificate(s) upon request. Such certificates shall:
A. name the other Part as an additional insured under
commercial general liabilty coverage;
B. indicate that coverage is primary and not excess of, or
contrbutory with, any other valid and collectible insuranãpurchased by such Part; and .
C. acknowledge severabilty of interest/cross liabilty coverage.
30. Communications Assistance. Law Enforcement Act of
1994. Each Part represents and warrants that any equipment,
facilities or Servces provided to the other Part under this Agreement
comply with the CALEA. Each Part will indemnify and hold the other
Part harmless from any and all penalties imposed upon the other
Part for such noncompliance and will at the non-compliant Part's
sole cost and expense, modify or replace any equipment, facilties or
Services provided to the other Part under this Agreement to ensure
that such equipment, facilties and Services fully comply with CALEA.
31. Entire Agreement. This Agreement (including all
Attchments, Rate Sheets, and other documents referred to herein)
constitutes the full and entire understanding and agreement between
the Parties with regard to the subject of this Agreement and
supersedes any prior understandings, agreements, or representations
by or between the Parties, wrtten 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. Notwthstanding the foregoing, certin elements used in
combination with the Service provided under this Agreement are
provided by Qwest to CLEC under the terms and conditions of its
interconnection agreement, and nothing contained herein is intended
by the Parties to amend, alter, or otherwse modify those terms and
conditions.
32. Proof of Authorizaion.
Nov 8, 2010/caclrans National Comm International .
AZ=CDS-101108-0235; CO=CDS-101108-0236; ID=CDS-101108-0237; IA=CDS-101108-0238; MN=CDS-101108-0239; MT=CDS-101108-0240; .
NE=CDS-101108-0241; NM=CDS-101108-0242; ND=CDS-101108-0243; OR=CDS-101108-0244; SD=CDS-101108-0245; UT=CDS-101108-0246;
WA=CDS-101108-0247; WY=CDS-101108-0248Qwest QLSpTM MSA - (v1 0-15-1 0) Page 8 of 11
32.2 Each Part will make POAs available to the other Part upon
request. In the event of an allegation of an unauthorized change or
unauthorized servce in accrdance with Applicable Law, the Part
charged with the alleged infraction shall be responsible for resolving
such claim, and it shall indemnify and hold harmless the other Part for
any losses, damages, penalties, or other claims in connection with the
alleged unauthorized change or service.
('Unauthorized Use"), whether or not such Unauthorized Use
could have been reasonably prevented by Qwest, except to the
extent Qwest has been notified in advance by CLEC of the
existence of such Unauthorized Use, and fails to take
commercially reasonable steps to assist in stopping or preventing
such actvity.
..1 Each Part shall be responsible for obtaining and
. intaining Proof of Authorization (POA), as required by applicable
eral and state law, as amended from time to time.
33. General TermS.
33.4. Construction. Owest will provide necessary constructon
only to the extent required by Applicable Law.
33.5. Individual Case Basis Requests. CLEC may request
additional Services not spefied in this Agreement and Owst will
consider such requests on an Individual Case Basis.
33.6.Responsibilty For Environmental Contamination.
33.1 Owest will provide general repair and maintenance service
on its facilties, including those facilities supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable servces provided by Owest.
33.2 In order to maintain and modemize the netwrk properly,
Owest may make necessary modifications and changes to its netwrk
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Netwrk maintenance and modemization
activities will result in transmission parameters that are within
transmission limits of the Service ordered by CLEC.Qwest will provide
advance notice of changes that affect netwrk Interoperabilty pursuant
to applicable FCC rules.
A. Neither Part shall be liable to the other for any costs
whatsoever resulting from the presence or release of any
Environmental Hazard that either Part did not introduce to the
affected work location. Each Part shall defend and hold
harmless the other Part and its respective offcers, directors and
employees from and against any losses, damages, claims,
demands, suits, liabilties, fines, penalties and expenses
(including reasonable attomeys' fees) that arise out of or result
from:
1. any Environmental Hazard that the Indemnifying Part,
its contractors or agents introduce to the work locations; or
33.3 Netwrk Security.2. the presence or release of any Environmental Hazard
for which the Indemnifying Part is responsible under
Applicable Law..A. Protection of Service and Propert. Each Part will exercise
the same degree of care to prevent harm or damage to the other
Part and any third parties. its employees, agents or End User
Customers, or their propert as it employs to protect its own
employees, agents, End User Customers and propert, , but in no
case less than a commercially reasonable degree of care.
B. Each Part 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.
B. In the event any suspect materials within Owst-owned,
operated or leased facilties are identified to CLEC by Owst to be
asbestos containing, CLEC will ensure that to the extent any
activities which it undertkes in the facilty disturb such suspect
materials, such CLEC activities will be in accrdance with
Applicable Law, including without limitation, applicable local, state
and federal environmental and health and safety statutes and
regulations. Except for abatement activities Undertken by CLEC
or equipment placement actvities that result in the generation of
asbestos-cntaining material, CLEC does not have any
responsibilty for managing, nor is it the owner of, nor does it have
any liabilty for, or in connection with, any asbestos-containing
materiaL. Owet agrees to immediately notify CLEC if Owst
undertkes any asbestos control or asbestos abatement activities
that potentially could affect CLEC personnel, equipment or
operations, including, but not limited to, contamination of
equipment.
C. The Parties' netwrk are part of the national security
netwrk, and as such, are protected by federal law. Deliberate
sabotage or disablement of any portion of the underlying
equipment used to provide the netwrk is a violation of federal
statutes with severe penalties, especially in times of national
emergency or state of war. The Parties are responsible for their
employees with respect to such security requirements and
pealties.
D. Owest shall not be liable for any losses, damages or other
claims, including, but not limited to, uncollecible or un bilable
revenues, resulting from accidental, erroneous, malicious,
fraudulent or otherwse unauthorized use of Services or facilities
&'V 8, 2010/caclrans National Comm Intemational
~=CDS-1 011 08-0235; CO=CDS-1 011 08-0236; ID=CDS-1 011 08-0237; IA=CDS-1 011 08-0238; MN=CDS-1 011 08-0239; MT=CDS-1 011 08-0240;
NE=CDS-101108-0241; NM=CDS-101108-0242; ND=CDS-101108-0243; OR=CDS-101108-0244; SD=CDS-101108-0245; UT=CDS-101108-0246;
WA=CDS-101108-0247; WY=CDS-101108-0248Owst QLSpTM MSA - (v10-15-10) Page 9 of 11
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as
amended.
"Advanced Intellgent Netwrk" or "AIN" is a Telecmmunications netwrk
architecure in which call processing, call routing and netwrk management
are provided by means of centralized databases.
"Affliate" means a Person that (directly or indirectly) owns or contrls, is
owned or controlled by, or is under common ownership or contrl 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 callets telephone number, the
address/location of the telephone and supplementary emergency services
information for Enhanced 911 (E911).
"Applicable Law" means all laws, statutes, common law including, but notlimited to, the Act, the regulations, rules, and final orders of the FCC, a
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 Biling penod ends, as identified on
the bil.
"Billng" involves the provision of appropnate usage data by one
Telecommunications Carner to another to faciltate Customer Billng with
attendant acknowledgments and status reports. It also involves the
exchange of information between Telecommunications Carners to process
claims and adjustments.
"Carriet' or "Common Carner" See Telecommunications Carner.
"Central Ofce" 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 Part knows or has reason to know is
confiential, proprietary, or trde secret information of the disclosing Part;
and/or (b) is of such a nature that the receiving Part should reasonably
understand that the disclosing Part desires to protect such information
against unrestricted disclosure. Confidential Information will not include
information that is in the public domain through no breach of this
Agreement by the receiving Part or is already known or is independently
developed by the receiving Part.
"Customer" means the Person purchasing a Telecmmunications Service
or an information service or both from a Carner.
"Day" means calendar days unless otherwse specified.
"Directory Assistance Database" contains only those published and non-
listed telephone number listings obtained by Qwest from its.own Ene
Customers and other Telecmmunications Carners.
"Directory Asistance Servce" 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 part retail Customer that subscribes
to a Telecommunications Servce provided by either of the Partes or by
another Carrier or by tw (2) or more Carners.
"Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental Response
Compensation and Liabilty Act, Superfnd Amendment and
Reauthonzation Act, Resource Conservation Recovery Act, the
Occpational 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 Carnet' or "IXC" means a Carner that provides InterLA T A
or Intra LATA Toll services.
"Line Information Database" or "L1DB" stores various telePho"&
numbers and Special Biling Number (SBN) data used by operator ~~_
systems to process and bil Alterately Biled Services (ABS) calls. The
operator services system accesses L1DB data to provide originating line
(callng number), Biling number and terminating line (called number)information. L1DB is used for callng card validation, fraud prevention,
Biling or service restnctons and the sub-accunt information to be
included on the call's Biling record. Telcordia's GR-44-CORE defines the
interface betwen the administration system and L1DB including specific
message formats (Telcordia's TR-NWP-000029, Section 10).
"Line Side" refers to End Offce Switch connections that have been
programmed to treat the circuit as a local line connected to a terminating
station (e.g., an End User Customets telephone station set, a PBX,
answering machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carnet' or "LEC" means any Carrier that is engaged in
the provision of Telephone Exchange Service or Exchange Accss. Such
term does not include a Carner insofar as such Carner is engaged in the
provision of Commercal Mobile Radio Service under Section 332(c) of the
Act, except to the extent that the FCC finds that such service should be
included in the definition of such term.
"Loop" or "Unbundled Loop" is defined as a transmission facilty between a
distnbution frame (or its equivalent) in a Qwest Central Offce and the Loop
Demarcation Point at an End User Customer's Premises
"Demarcation Point" is defined as the point at which the LEC ceses to
own or control Customer Premises winng including without limitation inside
wiring.
Nov 8, 2010/caclrans National Comm International .
AZ=CDS-101108-0235; CO=CDS-101108-0236; ID=CDS-101108-0237; IA=CDS-101108-0238; MN=CDS-101108-0239; MT=CDS-101108-0240; NE=CD
101108-0241; NM=CDS-101108-0242; ND=CDS-101108-0243; OR=CDS-101108-0244; SD=CDS-101108-0245;UT=CDS-101108-0246; WA=CDS-101108-
0247; WY=CDS-101108-0248
Qwest QLSpTM MSA - (v10-15-10)
"Local Servce Request" or "LSR" means the industry standard forms and
supporting documentation used for ordering local services.
Page 10 of 11
~
.
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
"Miscellaneous Charges" mean charges that Qwest may assess in addition
~rring and nonrecurrng rates set fort in the Rate Sheet, for activities
requests Qwest to perform, activities CLEC authorizes, or charges
tha are a result of CLEC's actions, such as cancellation charges.
additional labor and maintenance. Miscellaneous Charges are not already
included in Qwests recurrng or nonrecurrng rates. Miscellaneous
Charges shall be contained in or reference in the Rate Sheet.
"Netwrk Element" is a facilty or equipment used in the provision of
Telecommunications Servce or an information service or both. It also
includes features, functions, and capabilties that are provided by means of
such facilty or equipment, including subscriber numbers, databases,
signaling systems, and information suffcient for Biling 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 this Agreement.
"Operational Support Systems" or "OSS" mean pre-ordering, Provisioning,
maintenance, repair and billng systems.
"Order Form" means service order request forms issued by Qwest, as
amended from time to time.
"Person" is a general term meaning an individual or association,
corporation, firm, joint-stock company, organization, partnership, trust or
any other form or kind of entity.
"Port" means a line or trunk connection point, including a line card and
associated peripheral equipment, on a Central Offce Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilties connected to the Central Ofce Switch. Each
Line Side Port is typically associated with one or more telephone numbers
that serve as the Customer's netwrk address.
I. . . ises" re~e~ to Qwests Central Offces and Serving Wire Centers; allbui ings or similar structres owned, leased. or otherwse controlled by
Qwst that house its netwrk facilities; all strctures that house Qwest
facilities on public rights-of-way, including but not limited to vaults
containing Loop concentrators or similar structures; and all land owned,
leased, or otherwse controlled by Qwest that is adjacent to these Central
Offces, Wire Centers, buildings and strctures.
"Proof of Authorization" or "POA" shall consist of verification of the End
User Customer's selecton and authorization adequate to document the
End User Customer's selecton of its local servce provider and may take
the form of a third part verification format.
"Provisioning" involves the exchange of information between
Telecommunications Carrers where one,executes a request for a set of
products and services from the other with attendant acknowledgments and
status reports.
"Public Switched Netwrk" includes all Switches and transmission facilties,
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.
"Sering Wire Center" denotes the Wire Center frm which dial tone for
local exchange service would normally be provided to a particular
Customer Premises.
Switches, between End Ofce Switches and Tandem Switches (local and
Access Tandem Switches), and between Tandem Switches within the
Local Callng Area, as described more fully in this Agreement.
"Switch" means a switching device employed by a Carrer within the Public
Switched Netwrk. Switch includes but is not limited to End Offce
Switches, Tandem Switches, Accss Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End Offceandem Switches.
"Switched Accss Traffc," as specifically defined in Qwests interstate
Switched Access Tariff, is traffc 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 Parts End User
Customers, whether or not the traffc transits the other Part's netwrk.
"Tariff' as used throughout this Agreement refers to Qwest interstate
Tariff and state Tariff, price lists, and price schedules.
"Telecommunications Carrier" means any provider of Telecmmunications
Serves, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Act). A
Telecommunications Carrer shall be treated as a Common Carrier under
the Act only to the extent that it is engaged in providing
Telecommunications Service, except that the FCC shall determine
whether the provision of fixed and mobile satellte service shall be treated
as common carr~ge.
"Telecommunications Service" 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 facilties used.
"Telephone Exchange Service" means a Service within a telephone
exchange, or within a conneced system of telephone exchanges within the
same exchange area operated to furnish to End User Customers
intercommunicating Service of the character ordinarily fumished by a single
exchange, and which is covered by the exchange Service charge, or
comparable Service provided through a system of Switches, trnsmission
equipment or other facilties (or combinations thereof) by which a
subscnber 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 Carrer's netwrk, where trnsmission
facilties are connected or switched. Wire Center can also denote a
building where one or more Central. Ofces, used for the provision of basic
exchange Telecommunications Services and accss Services, are locted.
Terms not otherwse defined here but defined in the Act and the orders and
the rules implementing the Act or elsewhere in this Agreement, shall have
the meaning defined there. The definition of terms that are included here
and are also defined in the Act, or its implementing orders or rules, are
intended to include the definition as set forth in the Act and the rules
implementing the Act.
"Shared Transport" is defined as local interoffce transmission facilties
shared by more than one Carrier, including Qwest, between End Offce
.' 2010/caclrans National Comm International
OS-1 011 08-0235; CO=COS-1 011 08-0236; IO=COS-1 011 08-0237; IA=COS-1 011 08-0238; MN=COS-1 011 08-0239; MT=COS-1 011 08-0240; NE=COS-
101108-0241; NM=COS-101108-0242; NO=COS-101108-0243; OR=COS-101108-0244; SO=COS-101108-0245; UT=COS-101108-0246' WA=COS-101108-0247; WY=COS-101108-0248 'Qwest QLSpTM MSA - (v10-15-10) Page 11 of 11 .
.0
.
QWEST LOCAL SERVICES PLATFORM(ß AGREEMENT
ATTACHMENT 2-QLSP(ß Service Description
Qwst will provide Qwest Local Servces Platfo~
("QLSP~) Services accrding to the term and conditionsset fort in the QLSP Agreement between the Partes (the
"Agreemenl) and in this Attchment 2 to the Agreement,
Which is incorporated into and made a part of the Agreement
(this "Attchmenf'). Except as otherwse set fort in thisAttchment, capitalized terms used but not otherwse
defined herein have the definitions assigned to them in the
Agreement. CLEC may use QLSP Services to provide any
Telecommunications Services, information services (or both)
that CLEC chooses to offer to the extent that such services
are granted herein or not limited hereby.
1.2.1 Pursuant to the order. issued by the FCC
pertining to the availabilty of Unbundled Netwrk Element
("UNE") Loops under Section 251(c)(3) of the Act in itsReport and Order-Petition of Qwst Corporation fo
Forbearance Pursuant to 47 U.S.C. § 160(c) in the Omaha
Metropolian Statistical Area, FCC 05-170, WC Docket No.
04-223, (effecive September 16, 2005), Qwest will provide
to CLEC the Loop element of QLSP Services purchased in
the following nine Omaha Nebraska Wire Centers under the
terms and conditions of the Agreement and this Attchment
at Rates provided in the Rate Sheet: Omaha. Douglas;
Omaha Izard Street; Omaha 90th Street; Omaha Fort Street;
Omaha Fowler Street; Omaha 0 Street; Omaha 78th Street;
Omaha 135th Street; and Omaha 156th Street.
1.2.2 The following QLSP Servce types will be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(including Centrex 21); Centrex Plus; Centron in Minnesotaonly; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP ResidentiaL.
1.1 General QLSP Service Description.
1.1.1 OLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Advanced
Intellgent Netwrk ("AIN") Servces, e.g., remote accss
forwrding, and Qwest Voice Messaging Services ("VMS")
may also be purchased with compatible OLSP Services.
These Netwrk Elements will be provided in compliance with
all Telcordia and other industry standards and technical and
perfrmance specifications to allow CLEC to combine the
QLSP Service with a compatible voicemail product and
stuter dial tone. Qwest will provide access to 911
emergency services and directory listings in accrdance with
the terms and conditions of CLEC's interconnection
agreements ("ICAs"), except that the business end user rate
in the applicable tariff applies to all end user premium and
privacy directory listings (with the exception of residential
additional listings, I.e., USOC RL T) When services are
provisioned to CLEC under this Agreement Whether CLEC's
end user is a residential end user or a business end user.
As part of the QLSP Servce, Qwest combines the Netwrk
Elements that make up QLSP 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 Qwest Commercial High Speed Internet (HSI)
Service (also known as Qwest Digital Subscriber Linec
(DSL)), under a separate Servces agreement, to be used
with compatible OLSP Service.
1.2.3 QLSP PBX Analog 2-Way DID Trunks will be
combined with 4 wire loops.
1.3 Local Switching. The Local Switching Netw Element
("Local Switching") is collectively the Line Side and TrunkSide facilities in the local serving Qwest end offce Switch
Which provides the basic switching functon, the port, plus
the features, functions, and capabilties of the switch
including all compatible, available, and loaded vertical
features (e.g., anonymous call rejection) that are loaded in
that switch. Vertcal features are softre attributes on end
offce Switches and are listed on the Qwest Wholesale
website. Qwst signaling is provided with Local Switching
solely as descrbed in Secton 1.4.2 of this Attchment. The
following Local Switching port are available with QLSP
Service: Analog Line Port, Digital Line Port Supporting
Basic Rate Interface-Integrated Serices Digital Netwrk
("BRI ISDN"), and Analog Trunk Port.
1.3.1 Analog Line Port Line Port attributes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detection; audible and power ringing;
Automatic Message Accunting (AMA Recording); and
blocking options.
1.1.2 OLSP Service is available in six different service
arrangements, each of Which is describe more fully below:
QLSP Residential; QLSP Business; QLSP Centrex
(including Centrex 21, Centrex Plus and, in Minnesota only,
Centron); QLSP ISDN BRI; QLSP Public Access Lines
("PAL"); QLSP PBX Analog DID and non-DID (one way andtw way) trunks.
1.3.2, Digital Line Port Supporting BRI ISDN. BRI ISDN
is a digital architecture that provides integrated voice and
data capabilty (2 wire). A BRI ISDN Port is a Digital 2B+D
(2 Bearer Channels for voice or data and 1 Delta Channel forsignaling and 0 Channel Packet) Line Side Switch
connection with BRI ISDN voice and data basic elements.
For flexibilty and customization, optional features can be
added. BRI ISDN Port does not offer B Channel Packet
service capabilties. The servng arrangement conforms to
the internationally developed, published, and recgnized
standards generated by International Telegraph and
Telephone Union (formerly CCITT).
1.1.3 Nothing in this Attchment or the Agreement
precludes Qwest from withdrawing availabilty of
comparable, functionally equivalent servces from its retail
end user customers. In the event of such withdrawal or
discontinuation, Qwest may also withdraw availabilty of the
equivalent OLSP Service.
1.2 Combination of QLSP Service with Loops. Except as
described below, the Loop will be provided by Qwest under
the applicable ICAs in effect between Qwest and CLEC at
the time the order is placed. As part of the QLSP Service,
Qwest will combine the Local Switching and Shared
Transport Netwrk Elements with the Loop.
1.3.3 Analog Trunk Port. DSO analog trunk Ports can be
configured as DID, DOD, and tw-way.
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.
.~v 8, 2Ò10/caclrans National Commlntemational
~=CDS-101108-0235; CO=CDS-101108-0236; ID=CDS-101108-0237; IA=CDS-101108-0238; MN=CDS-101108-0239; MT=CDS-101108-0240;
NE=CDS-101108-0241; NM=CDS-101108-0242; ND=CDS-101108-0243; OR=CDS-101108-0244; SD=CDS-101108-0245; UT=CDS-101108-0246;
WA=CDS-101108-0247; WY=CDS-101108-0248
Attchment 2 - QLSP(ß - (v8-20-10)
QWEST LOCAL SERVICES PLATFORMiR AGREEMENT
ATTACHMENT 2-QLSPiR Service Description
1.3.3.2 All trnks are designed as 4-Wire leaving
the Central Ofce. For 2-Wire service, the trnks are
converted at the End User Customets location.
record; and callng card, biled to third number, and coiie_
call information used in processing Alternately Bil
Servce (ABS).
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 instrments
must be equipped with DTMF.
1.4.5 The ICNAM database is used with certain end
offce Switch features to provide the callng part's name to
CLEC's End User Customer with the applicable feature
capabilty. The ICNAM database contains current listed
name data by working telephone number served or
administered by Qwest, including listed name data provided
by other Telecommunications Carrers participating in
Qwsts callng name delivery service arrangement.1.3.3.4 Two-way analog DID trunks require E&M
signaling. Qwest will use Type I and II E&M
signaling to provide these trunks to the PBX. Type II
E&M signaling from Qwest to the PBX will be
handled as a specal assembly request on an
Individual Case Basis.
1.4.6 Owest will provide the listed name of the callng
part that relates to the callng telephone number (when the
information is actually available in Qwests database and the
delivery is not blocked or otherwse limited by the callng
part or other appropriate request).
1.3.4 Usage. Local Switching Usage is biled on a
Minute of Use ("MOU" basis as descrbed within this
Attachment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
1.4 Vertical Features and Ancilary Functions and Services.
1.4.7 For CLEC's QLSP End User Customers; Qwest
will load and update CLEC's QLSP End User Customers'
name information into the L1DB and ICNAM databases from
CLEC's completed servce orders. CLEC is responsible for
the accuracy of its End User Customers' information.
1.4.1 QLSP Service includes nondiscriminatory accs to
all vertcal features that are loaded in the Local serving
Qwest end offce switch.
1.4.8 Qwest will exercise reasonable effort to provide
accurate and complete L1DB and ICNAM information. The
information is provided on an as-is basis with all faults.
Qwst does not warrnt or guarantee the correctess or the
completeness of such information; however, Qwest will
accs the same database for CLEC's QLSP End User
Customers as Qwest accesses for its own End User
Customers. Qwest will not be liable for system outage or
inaccsibilty or for losses arising from the authorized use.
the data by CLEC.
1.4.2 Local Switching includes use of Qwests signaling
netwrk (ISUP call set-up) solely for Local Traffc. "Local
Traffc" and "Local Calls" means calls that originate and
terminate within the Local Callng Area as defined in the
Qwest tariff. Qwest will provide service control points in the
same manner, and via the same signaling links, as Qwest
uses such. service control points and signaling links to
provide service to its End User Customers served by that
switch. Qwests call related databases include the Line
Information Database (L1DB), Internetwrk Callng Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portbilty Database. CLEC
will not have acces to Qwests AIN-based services that
qualify for proprietary treatment, except as expressly
provided for in the Agreement or this Attchment. Local
Switching does not include use of Qwests signaling netwrk
for Toll Traffc. "Toll Traffc" and "Toll Calls" means intr local
accs and transport area ("LATA") or interLTA calls that
originate and terminate outside of the Local Callng Area as
defined in the Qwest tariff. For all Toll Traffc originated by
or terminated to CLEC's QLSP End User Customer, Owest
may bil applicable tariff charges, including SS7 message
charges (ISDN User Part (ISUP) and Transacton
Capabilties Application Part (TCAP)J, to the Interexchange
Carrier (IXC) or other wholesale SS7 provider.
1.4.9 Owest will not charge CLEC for the storage of
CLEC's QLSP 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-
discrminatory accss to Qwests L1DB database and ICNAM
database as part of the delivery of QLSP Service.
1.5.1 Shared Transport. The Shared Transport
Netwrk Element ("Shared Transport) provides the
collective interoffce transmission facilties shared by various
Carriers (including Qwest) between end-offce switches and
between end-offce switches and local tandem switches
within the Local Callng Area. Shared Transport uses the
existing routing tables resident in Qwest switches to carr
the End User Customets originating and terminating
local/extended area service interoffce Local traffc on the
Qwest interoffce message trunk netwrk. CLEC traffc will
be carred on the same transmission facilties between end-
offce switches, between end-offce switches and tandem
switches and betwen tandem switches on the same
netwrk facilties that Owest uses for its own traffc. Shared
Transport does not include use of tandem switches or
transport between tandem switches and end-offce switches
for Local C¡:lls that originate from end users served by non-
Qwest Telecommunications Carriers ("Carrier(s)" which
terminate to QLSP End Users.
1.5.2 Originating Toll Calls from, and terminating Toll
Calls to, QLSP End Users will be delivered to/from the
designated IXCs from the Qwest end-offce switches and
access tandems. Use of access tandem switches are n.
Nov 8, 2010/caC'rans National Comm International
AZ=CDS-1 011 08-0235; CO=CDS-1 011 08-0236; I D=CDS-1 011 08-0237; IA=CDS-1 011 08-0238; MN=CDS-1 011 08-0239; MT=CDS-1 011 08-0240; .
NE=CDS-101108-0241; NM=CDS-101108-0242; ND=CDS-101108-0243; OR=CDS-101108-0244; SD=CDS-101108-0245; UT=CDS-101108-0246;
WA=CDS-101108-0247; WY=CDS-101108-0248
Attchment 2 - QLSPiR- (v8-20-10)
1.4.4 The L1DB database contains the following data:
various telephone line numbers and special biling number
(SBN) data; originating line (calling number); biling number
and terminating line (called number) information; callng card
validation; fraud prevention; Billng or service restrictions;
sub-accunt information to be included on the call's Billng
2
QWEST LOCAL SERVICES PLATFORM¡ß AGREEMENT
ATTACHMENT 2-QLSP¡ß Service Description.included in the Agreement or this Attchment and acces
tandem Chrges, if any, may be biDed by Qwest to the IXC(s)
under the applicable accss tariff.
of an analog Line Side Port and Shared Transport provided
under the Agreement with an analog - 2 wire voice grade
Loop provided in accrdance with CLEC's ICAs, except for
those Loops that are otherwse provided for in the
Agreement.1.5.3 IntraLAT A and InterLA T A Carrier Designation.
QLSP includes the capability for selection of the interLAT A
and intrLATA Toll provider(s) on a 2-Primary Interexchange
Carrer (PIC) basis. CLEC will designate the PIC
assignment(s) on behalf of its End User Customers for
interLTA and intra LATA Services. All CLEC initiated PIC
changes will be in accrdance with all Applicable Laws, rules
and regulations. Owest will not be liable for CLEC's
improper PIC change requests.
1.5.4 Qwest .lntraLATA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Owest does not
authorize CLEC to offer, request, or select Qwest LPIC 5123
service to CLEC's End User Customers for intra LATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwest LPIC 5123 to CLEC's End User
Customers, Qwst will bil CLEC and CLEC will pay Qwst
the rates contained or referenced in the attched Rate
Sheet.
1.6.5 QLSP PBX is available to CLEC for CLEC's
business End User Customers.
1.6.5.1 PBX analog non-DID trunks are combinations
of an analog Line Side Port and Shared Transport
provided under the Agreement with an analog - 2 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6.5.2 PBX with analog i-way DID trunks are
combinations of a DID trnk Port and Shared Transport
provided under the Agreement with an Analog - 2 wire
voice grade Loop provided in accrdanc with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.5.5 Usage. Shared Transport is biled on a MOU
basis as describe within this Attachment. Rates for
"Shared Transport Usage" or "Shared Transport MOUs" are
provided in the QLSP Rate Sheet.
1.6 QLSP Service Arrangement Descriptions.
1.6.5.3 PBX with analog 2- way DID trnks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 4 wire
voice grade Loop provided in accrdance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Services
include Centrex 21, Centrex Plus and, in Minnesota only,
Centron, and are the combination of an analog Line Side
Port and Shared Transport provided under the Agreement
with an analog - 2 wire voice grade Loop provided in
accrdance with CLEC's I CAs, except for those Loops that
are otherwse provided for in the Agreement.
1.6.6 QLSP Residential is available to CLEC for CLEC's
residential End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except as
otherwse provided for in the Agreement. QLSP Residential
may be ordered and provisioned only for residential End
User Customer application. The definition of residential
service is the same as in Qwests retail tariff as applied to
Qwests End User Customers.
.1.6.1 QLSP Business is available to CLEC for CLEC's
business End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accrdance with CLEC's I CAs, except for those
Loops that are otherwse provided for in the Agreement.
1.6.2.1 CLEC may request a conversion from Centrex
21, Centrex-Plus or Centron service to QLSP Business or
QLSP ResidentiaL. The Conversion NRC(s) provided in
the Rate Sheet will apply.
1.6.6.1 In order for CLEC to recive QLSP
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) utilzing the LSR process as described in theQwst wholesale website.
2.0 Additional Terms and Conditions and Service Features.
2.1 Qwest does not warrant the availabilty of facilities at any
serving wire center. QLSP Services will not be available if
facilties are not available. Owest represents and warrants
that it will not otherwse restrict facilties eligible to provide
QLSP Service and that any and all facilties that would
otherwse be available for retail service to a Qwst End User
Customer will be considered eligible for use by CLEC for
QLSP Service to serve that same End User Customer.
1.6.2.2 Owest will provide accs to Customer
Management System (CMS) with OLSP-Centrex at the
rates set fort in the Rate Sheet.
Loop Start ("LPS") to Ground Start ("GST") and GST to
LST Changes ("LPSIGST Change") are available with
QLSP Services. POTS Services (e.g., a QLSP Centrex 21
line) can functionally and operationally be provisioned as
1.6.4 QLSP PAL is available to CLEC for only CLEC's either LPS ~r. GST. Unless s~eccally requeste~ otherwse,
Payphone Service Providers (PSPs) and is the combination Qwst provisions POTS Services as LPS. GST is generally. . 'ov 8, 2010/caclrans National Comm International
. =CDS-101108-0235; CO=CDS-101108-0236; ID=CDS-101108-0237; IA=CDS-101108-0238; MN=CDS-101108-0239; MT=CDS-101108-0240;
NE=CDS-101108-0241; NM=CDS-101108-0242; ND=CDS-101108-0243; OR=CDS-101108-0244; SD=CDS-101108-0245; UT=CDS-101108-0246;
WA=CDS-101108-247; WY=CDS-101108-0248
Attchment 2 - QLSP¡ß - (v8-20-10)
1.6.3 QLSP ISDN BRI is available to CLEC for CLEC's
End User Customers and is the combination of a Digital Line
Side Port (supporting BRI ISDN), and Shared Transport
provided under the Agreement with a Basic Rate ISDN-
capable Loop provided in accordance with CLEC's ICAs,
except for those Loops that are otherwse provided for in the
Agreement.
2.2
3
2.3
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
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 ordering requirements are
detailed on the Qwest Wholesale website.
2.2.1 The Subsequent Order Charge provided in the
QLSP Rate Sheet and the Owest retail Tariff nonrecurrng
charge ("NRC") for LPS/GST Changes, les an 18%
wholesale discount, will be added to serce orders
requesting LPS/GST Changes.
Daily Usage Feed (DUF). Owst will provide to CLEC
certain originating and terminating call records ("usage
information") generated by CLEC's QLSP end user via a
DUF.
2.3.1 Owest will provide to CI.EC Local Call usage
information within Qwests control with respect to calls
originated by or terminated to CLEC QLSP End User
Customers in the form of the actual information that is
comparable to the information Qwt uses to bil its own End
User Customers.
2.3.2 Owest will provide to CLEC usage information
necessary for CLEC to bil for interLTA and intrLATA
exchange accss to the IXC (excluding intr LATA usage
information if Owest LPIC 5123 is selected as the intraLATA
Toll provider) in the form of either the actual usage or a
negotiated or approved surrogate for this information, as
such billng is described and allowed under secton 3.7 of
this Attachment. These exchange access records will be
provided as Category 11 EMI records via the DUF.
2.3.3 Qwest will provide DUF records for the following:
all usage occurrences bilable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrpt (BLI);
originating local usage; usage sensitive CLASS features;
and Owest-provided intraLA T A tolL.
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.
2.4 Feature and interLA T A or intraLA T A PiC changes or
additions for QLSP, will be processed concurrently with the
QLSP order as specified by CLEC.
2.7 If Qwest develops and deploys new local switch features i_.
its End User Customers, those switch features will
available with OLSP Servce in the same areas and subje
to the same limitations. The rates that Qwest charges for
such new local switch features will not in any case be higher
than the retail rate Qwest charges for such features.
2.5 Access to 911/E911 emergency Services for CLEC's End
User Customers will be available in accordance with CLEC's
I CAs. If Qwest is no longer obligated to provide accss to
911/E911 emergency services in accordance with 47 U.S.C.
§251 , Qwest will then provide such services under the
Agreement with respect to all CLEC QLSP Service End User
Customers and new OLSP Service End User Customers, to
the same degree and extent that 9111E911 emergency
services were provided by Qwest prior to the elimination of
911/E911 emergency services as an obligation under 47
U.S.C. §251.
2.8 Nothing in the Agreement alters or affects CLEC's right tò
receive any applicable universal servce subsidy or other
similar payments.
2.6 Owest AIN and VMS are offered on a commercial basis and
may be purchased with QLSP at the rates set fort in the
attched Rate Sheet. Retail promotions may not be
combined with QLSP.
2.9 Owest Operator Services and Directory Assistance Services
are provided under the terms and conditions of CLEC's
ICAs.
3.0 Rates and Charges.
3.1 The recurrng ("MRC") and NRC rates for QLSP Services
and all associated QLSP applicable usage-based rates and
miscellaneous charges are set fort or incorporated by
reference into the attached QLSP Rate Sheets. Rates for
QLSP Servce are in addition to the applicable rates for
elements and Services provided under CLEC's I CAs.
Applicable intercarrier compensation rates and charges
(such as accs charges, reciprocal compensation, and
other charges for elements and servces) 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 will 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 diSCOU_
on the Basic Plan switch port MRCs if it meets the volu
plans described below. Discounts are not cumulative an .
Owest will apply the highest discount rate for which CLEC
qualifies. Basic Plan MRCs will apply if CLEC does not
qualify for any discount.
3.2.1 90% YOY Volume Retention Plan: If the
number of CLEC's QLSP total lines as of October 31 of
each year equals or exceeds 90% of the sum of
CLEC's QLSP total lines as of October 31 of the
preceding year, CLEC will qualify for a 10% discount off
of the Business Port and a 2% discount off of the
Residential Port MRCs applicable during the next
calendar year.
3.2.4 115% YOY Volume Growth Plan: If the
number of CLEC's total QLSP lines as of October 31 of
each year equals or exceeds 115% of the sum of
CLEC's total QLSP lines as of October 31 of the
preceding year, and the YOY line increase is equal to
or greater than one thousand five hundred (1,500)
QLSP lines, CLEC will qualify for a 30% discount off of
the Business Port MRCs and a 6% discount off of the
Residential Port MRCs applicable during the next
calendar year.
For purposes of counting CLEC's total QLSP lines in section
3.2 as of October 31 of each year, Qwest will include all
QLSP lines, if any, from the previous year. For example, to
determine 2011 QLSP rates, Owest will use the total numb.
Nov 8, 2010/caclrans National Comm International
AZ=CDS-1 011 08-0235; CO=CDS-1 011 08-0236; ID=CDS-1 011 08-0237; IA=CDS-1 011 08-0238; MN=CDS-1 011 08-0239; MT=CDS-1 011 08-0240; ...
NE=CDS-101108-0241; NM=CDS-101108-0242; ND=CDS-101108-0243; OR=CDS-101108-0244; SD=CDS-101108-0245; UT=CDS-101108-0246;
WA=CDS-101108-0247; WY=CDS-101108-0248
Attchment 2 - OLSP~ - (v8-20-10)
3.3
4
.
.7
QWEST LOCAL SERVICES PLATFORM(l AGREEMENT
ATTACHMENT 2-QLSP(l Service Description
of CLEC's QLSP lines as of October 31, 2009 compared to
CLEC's total number of QLSP lines as of October 31,2010
in order to calculate CLEC's discount eligibilty on January 4,
2011. Each subsequent adjustment will be effective on each
January 1 during the term of the Agreement.
including but not limited to flat rate trnsport charges, in
accrdance with the applicable Tariff
3.8 Local Switching Usage and Shared Transport Minute of
Use (MOO) This secton. describes the use of the Qwst
netwrk for different call types oriinated by or terminated to
QLSP End Users. This secton does not affect Qwsts
rights to charge IXCs for signaling as described in Section
1.4.2 of this Attchment.
3.4 Except as otherwse provided herein, the Loop element
combined with a QLSP Service will be provided in
accrdance with CLEC's ICAs with Qwest at the rates set
forth in those ICAs.
3.4.1 Loops provided under the Agreement. Upon
thirt (30) Days notice via the standard commercial
notification process, Qwest may change monthly recurrng
charges for the Omaha, Nebraska Loop elements provided
under the Agreement. Additionally, notwthstanding the
rates reflected in the Nebraska QLSP Rate Sheet, the
Parties understand and agree that Qwest has the right to
adjust commercal port rates in Nebraska after the Nebraska
PSC issues a final order related to Application No.
C-3554/PI-112 and CLEC's continued use of any S,ervices in
Nebraska constitutes its accptance of such updated rates.
3.8.1 Originating IntraOfce Local Calls - This
originating Local Call requires switching by the local servng
Qwest end offce Switch only. When this call tye is
originated by a QLSP End User, Local Switch Usage
charges provided in the QLSP Rate Sheet will apply. For
these call types that also terminate to an end user served by
a Carrer, Qwest may pay that Carrer certin terminating
compensation charges under terms and conditions of a
separate ICA.
3.5 CLEC will be responsible for biling its QLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statute, regulation or as otherwse
required.
3.8.2 Originating InterOffce Local Calls. This
originating Local Call requires switching by the local serving
Qwst end offce and other interoffce switching for Local
traffc. When this call type is originated by a QLSP end user,
Local Switch Usage per MOU and Shared Transport per
MOU charges provided in the Rate Sheet will apply. For
these call tyes that also terminate to an end user served by
a non-Owest Carrier, Owest may pay that carrer certin
terminating compensation charges under terms and
conditions of a separate ICA
3.6 CLEC will pay Owest the PiC change charge associated with
CLEC End User Customer changes of interLTA or
intra LATA Carriers. Any change in CLEC's End User
Customers' interLA T A or intraLA T A Carrer must be
requested by CLEC on behalf of its End User Customer.
Intercarrier Compensation. Except as specifically
described in this Secton, the Agreement does not change or
amend applicable intercarrier compensation arrngements
(including but not limited to Switched Accss, Signaling, or
Transit charges) between any parties, including between
Qwst and Carriers or IXCs.
3.8.3 Originating IXC Toll Calls. This originating Toll
cali requires switching by the local serving Qwst end offce.
If the QLSP End User's selected IXC does not have direct
trnking to the locl serving Qwst end offce, 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 QLSP end user, Local Switch Usage
provided in the QLSP Rate Sheet applies. Additionally, if
Shared Transport is necessary to deliver the call to the
Accss Tandem, Shared Transport Usage charges provided
in the QLSP 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.
3.7.1 Switched Access. For QLSP End User
Customer(s), Qwest will not charge to or collect from the IXC
usage based end offce and loop Switched Access charges
(such as Switched Acc Local Switching, End OffceShared Port, Tandem Transmission and Carrer Common
Line) for InterLATA or IntraLATA Toll Calls originating or
terminating from that QLSP End User Customer's line to an
IXC.
3.8.4 Terminating IntraOfce and InterOce Local
Calls. This terminating Local Call requires switching by the
local serving Qwest end offce and in certin instances other
interoffce switching within the Local Callng area. When a
call is terminated to a QLSP end user, no charges will apply
under QLSP. For these call types that originate from an end
user served by a Carrer, Qwst retains its rights to bil that
Carrier certin Transit charges as deScribed in Section 3.7
above.
3.7.2 Signaling. Qwest retains its rights to charge IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as LIDS,
ICNAM and 8XX) associated with interLATA and intrLATA
Toll Calls originated by or terminated to a QLSP End User
under the applicable Tariff.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
Call always requires switching by the local serving Qwest
end offce. If the originating caller's IXC does not have direct
trunking to the QLSP end user's local serving Qwest end
offce switch, Shared Transport is required to terminate the
call to the receiving QLSP end user. When this call type is
terminated to a QLSP 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
and assessments not expressly addressed in this section, QLSP end user from the access tandem, Shared Transport
.ov 8, 2010/caclrans National Comm International
"'=CDS-1 011 08-0235; CO=CDS-1 011 08-0236; ID=CDS-1 011 08-0237; IA=CDS-1 011 08-0238; MN=CDS-1 01108-0239; MT=CDS-1 011 08-0240;
NE=CDS-101108-0241; NM=CDS-101108-0242; ND=CDS-101108-0243; OR=CDS-101108-0244; SD=CDS-101108-0245; UT=CDS-101108-0246;
WA=CDS-1 011 08-0247; WY=CDS-1 011 08-0248Attchment 2 - QLSP(l - (v8-20-10) 5
3.7.3 Transit. For any call originated by an end user
served by a Carrier that routes through Qwests netwrk and
which terminates to a QLSP End User, Qwest retains its
rights to bil the originating Carrier Transit charges for that
call under the originating Carrier's Agreement.
3.7.4 Other. Qwest retains its rights to billXCs or other
Carriers, as applicable, any and all other accs charges
3.9
3.10
3.11
4.0
4.1
4.2
4.3
4.4
4.5
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, Qwt retains
its rights to bil the IXC for Tandem elements under the
Tariff.
3.8.6 Originating Toll Calls When QC is the
IntraLATA Toll provider. See Secon 1.5.4 above.
Qwest will have a reasonable amount of time to implement
system or other changes necessary to bil CLEC for rates or
charges associated with QLSP Services
QLSP Servces have a one-month minimum servce 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.
QLSP Services are billed month to month and will after the
one month minimum servce period is satisfied be prorated
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 of Service, denying or restoring
service, adding, removing or changing features, and other
similar requests.
Systems and Interfaces.
Owest and CLEC will support the use of current OSS
interfaces and OSS business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time.
OLSP Services are ordered utilizing the LSR proces as
described in the Qwest wholesale website.
Prior to placing an order on behalf of each End User
Customer, CLEC will be responsible for obtaining and will
have in its possession a Proof of Authorization as set fort in
the Agreement.
When Qwest 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, Qwt willrender its closing bil to CLEC effective as of the
disconnection. Owest will notify CLEC by FAX, OSS
interface, or other agreed upon processes when an End
User Customer moves to Owest or another servce provider.
Qwest will not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End
User Customer.
The Partes will provide each other with points of contact for
order entry, problem resolution, repair, and in the event
special attention is required on service request.
6.0
6.1
bil its End Users or other Carrers (including Qwst), Qw~
will work with CLEC in good faith to deliver such infOrmatio,.
Maintenance and Repair.
Qwest will maintain facilties and equipment that comprise
the QLSP Serce provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Qwest facilties or equipment, other than by
connecton or disconnection to any interfce betwen Owest
and the End User Customer, without the written consent of
Qwest.
6.2 Owest will provide general repair and maintenance Services
on its facilties, including those facilties supporting QLSP
Services purchased by CLEC. Qwest will repair and restore
any equipment or any other maintainable component that
adversely impact CLEC's use of QLSP Service, Qwst and
CLEC will cooperate with each other to implement
proceures and processes for handling servce-affecting
. events. There will be no charge for the Services provided
under this Secon 6, except as set fort in the Rate Sheet.
7.0 Commercial Performance Measures and Reporting,
Performance Targets and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
indicated on Signature Page).
Each Part will provide suitably qualified personnel to
perfrm its obligations under the Agreement and all QLSP
Services in a timely and effcient manner with dilgence and
care, consistent with the professional standards of practice
in the industr, and in conformance with Applicable Law.
The QLSP Service attributes and process enhancements a.
not subject to the Change Management Process ("CMP
CLEC proposed changes to QLSP Service attributes an
process enhancements will be communicated through the
standard accunt interfces. Change requests common to
shared systems and processes subject to CMP will continue
to be addressed via the CMP procedures.
7.1
7.2 Owest will provide commercial performance measurements
and reportng against established performance targets with
QLSP Service. The following performance measurements
will apply to QLSP Residential and QLSP Business: (a) Firm
Order Confirmations (FOCs) On Time; (b) 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 set fort
in Attachment 3 to the Agreement. Qwest 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 4, 2011.
CLEC will be entiled 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
Qwest will bil CLEC, on a monthly basis, within seven to ten within 24 hours occurrng after January 4, 2011. All service
Days of the last day of the most recent Biling period, in an credits will be applied automatically by Owest as credit
agreed upon standard electronic format. Biling information against CLEC's bil for the biling period following the one inwill include a summary bil and individual End User which the credits were accrued. Credits for ServicesCustomer sub-accunt information. If CLEC needs provided under the Agreement will be applied for activity
additional or different biling information in order to properly beginning the first full month after January 4, 2011. A.
Nov 8, 2010/caclrans National Comm International
AZ=CDS-1 011 08-0235; CO=CDS-1 011 08-0236; I D=CDS-1 011 08-0237; IA=CDS-1 011 08-0238; MN=CDS-1 011 08-0239; MT=CDS-1 011 08-0240; .
NE=CDS-101108-0241; NM=CDS-101108-0242; ND=CDS-101108-0243; OR=CDS-101108-0244; SD=CDS-101108-0245; UT=CDS-101108-0246;
WA=CDS-101108-0247; WY=CDS-101108-0248
Attachment 2 - QLSPiß - (v8-20-10)
5.0
7.4
6
.
8.0
.
8.2
QWEST LOCAL SERVICES PLATFORMil AGREEMENT
ATTACHMENT 2-QLSPil service Description
credits or payments related to the Service provided prior to
the first full month following January 4, 2011 and in
accrdance with CMP, PID, PAP or any other wholesale
service quality standards will no longer be applied beginning
the first full month after January 4, 2011.
7.4.1 Installation Commitments Met. For each
installation commitment that Owst, through its own
fault, fails to meet, Qwt will providè a service credit
eqal to 100% of the nonrecurrng charge for thatinstallation. Qwest will use the state installation
nonrecurring charge contained in the Agreement for
that order type in calculating the credit. The definition
of a "missed installation commitment" and the
associated exclusions are described in Attchment 3 to
the Agreement.
Eligible QLSP Services will be inCluded in the UNE-P. PAP
results beginning the first full month following the Effective
Date of the Agreement.
8.4
8.5 Notwthstanding the dispute resolution provisions in the
Agreement, the Partes 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.
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Qwest, through its
own fault, fails to resolve within 24 hours, Qwest 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 tw times the monthly recurrng charge
divided by 30).
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 the Signature Page to the Agreement).
If selected by CLEC under the terms and conditions of the
Agreement and this Attachment, Qwest will, in Washington
only, provide performance measurements, reporting, and
remedies compliant with the Washington Performance
Indicator Definitions ("PIDs") and the Qwest Washington
Performance Assurance Plan ("PAP") for the Services, if
eligible, provided under the Agreement and this Attachment.
Only in the state of Washington, and only if expressly
selected by CLEC under the terms and conditions of the
Agreement and this Attchment, does this PID and PAP
replace, in their entirety, the Commercial Performance
Measures and Reportng, Performance Targets and Service
Credits terms and conditions for Services provided under the
Agreement and this Attachment outlined in Section 7.0 of
this Attchment.
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 reference into, and made a
part of, this Attchment. 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 Attchment.
8.3 To select the Service Performance Measures and Reportng
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 Owst.
.ov 8, 2010/caclrans National Comm International
ÄZ=CDS-1 011 08-0235; CO=CDS-1011 08-0236; ID=CDS-1 011 08-0237; IA=CDS-1 011 08-0238; MN=CDS-1 011 08-0239; MT=CDS-1 011 08-0240;
NE=CDS-1 011 08-0241; NM=CDS-1 011 08-0242; ND=CDS-1 011 08-0243; OR=CDS-1 011 08-0244; SD=CDS-1011 08-0245; UT=CDS-1 011 08-0246;
WA=CDS-101108-0247; WY=CDS-101108-0248Attachment 2 - QLSPil- (v8-20-10) 7
.
.
.
ATTACHMENT 3
Performance Targets for Qwest QLSpTM Service
ATIACHMENT 3 - Performance Targets for Owest QLSp™ Service
FOC.1 - Firm Order Confirmations (FOCs) On Time
Purpose:
Monitors the timeliness with which Qwest returns Firm Order Confirmations (FOCs) to CLECs in
response to LSRs received from CLECs, focusing on the degree to which FOCs are provided within
specified intervals.
Description:
Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the
intervals specified under "Performance Targets" below for FOC notifications.
. Includes all LSRs that are submitted through IMA-GUI and IMA-EDI interfaces that receive an FOC
during the reporting period, subject to exclusions specified below. (Acknowledgments sent
separately from an FOC (e.g., EDI 997 transactions are not included.)
. For FOC-1A, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwest' response with a FOC notifcation (notification date and time).
. For FOC-1 B, the interval measured is the period between the application date and time, as defined
herein, and Qwests response with a FOC notification (notifcation date and time).
. "Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC.
. "Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EDI and involve manual
processing.
. LSRs 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-1A: FOCs provided for fully electronic LSRs received via IMA-
GUI or IMA-EDI
FOC-1 B: FOCs provided for electronic/manual LSRs received via
IMA-GUI or IMA-EDI
Formula:
FOC-1A = ((Count of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR
received date/time (based on scheduled up time))" is within 20 minutes) + (Total Number of
original FOC Notifications transmitted for the service category in the reporting periodH 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
DeriodH x 100
ATTACHMENT 3 - Performance Targets for Owest QLSp™ Service
Page 2
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.
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.
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.
Exclusions:.LSRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the
"Performance Targets" section below, or service/request types, deemed to be projects..Hours on Weekends and holidays. (Except for FOC-1A, which only excludes hours outside the
scheduled system up time.).LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the measure definition..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to
disallow duplicate LSR #'s.).Invalid startstop dat~s/times.
Product Reporting:Penormance Target:
FOC-1A 95% within 20 minutes
QLSP-POTS
FOC-1B 95% within standard FOC
intervals (specified below)
Standard FOe Intervals
Product Group NOTE 1 FOe
.Interval
QLSP-POTS (1-39 lines) FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
Performance will be measured
beginning the first full month of
QLSP service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
product tvoe are considered ICB.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 3
ICM-1 - Installation Commitments Met
Purpose:
Evaluates the extent to which Qwest installs services for Customers bv the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
. All inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all Corders
representing inward activity (with "I" and"r action coded line USOCs). Also included are orders with
customer-requested due dates longer than the standard intervaL.
. Completion date on or before the Applicable Due Date recorded by Qwest is counted as a met
due date. The Applicable Due Date is the original due date or, if changed or delayed by the
customer, the most recently revised due date, subject to the following: If Qwest changes a due
date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that
is (a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if
any.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil 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 the Reporting Period)) x 100 .
Exclusions:
. Disconnect, From (another form of disconnect) and Record order types.
. Due dates missed for standard categories of customer and non-Qwest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving 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.
.
ATTACHMENT 3 - Performance Targets for Owest QLSp™ Service
Page 4
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Product Reportina Penormance Target:
MSA-TvDe:
QLSP-POTS QLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
Availabilty:Notes:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Perfrmance Targets for Qwest QLSpTM 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 accpted 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. NOTE 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 anr, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSÁ); and
01l-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported accrding to installations:
01l-1C Interval Zone 1 and Interval Zone 2 areas.
.
.
Formula:
L((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.
.
ATTACHMENT 3 - Performance Targets for Qwt QLSpTM Service
Page 6
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Re 0 edAs:
Avera e business da s
Zone-T e-
Performance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
6 Days
3.5 Days
Availabilty:Notes:
1 . According to this definition, the Applicable Due Date can
change, per successive CLEC-initiated due date changes or
delays, up to the point when a Qwest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(Le., with no further changes) as the date on which it was set
prior to the first Qwest-initiated due date change, if any.
Following the first Qwest-initiated due date change, any further
CLEC-initiated due date changes or delays are measured as
time intervals that are subtracted as indicated in the formula.
These delay time intervals are calculated as stated in the
description. (Though infrequent, in cases where multiple
Qwest-initiated due date changes occur, the stated method for
calculating delay intervals is applied to each pair of Qwest-
initiated due date change and subsequent CLEC-initiated due
date change or delay. The intervals thus calculated from each
pairing of Qwest and CLEC-initiated due dates are summed
and then subtracted as indicated in the formula.) The result of
this approach is that Qwest-initiated impacts on intervals are
counted in the reported interval, and CLEC-initiated impacts on
intervals are not counted in the reported intervaL.
Performance will be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwst QLSpTM Service
Page 7
00524.1 . Out of Service Cleared within 24 Hours~~~ .
Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (i.e., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service trouble reports, 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 (i.e., unable to place or receive calls), subject to exclusions
specified below.
. Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported accrding to orders involving:
00S24-1A Dispatches (Includes within MSA and outside MSA); and00S24-1 B No dispatches. ·
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
00S24-1 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) I (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-Qwest (includes CPE, Customer
Instruction, Carrier, Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test
o K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type Disaggregation".
. For products measured from MTAS 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 missina data essential to the calculation of the measurement oer the measure definition..
ATTACHMENT 3 - Performance Targets for Owest QLSpTM Service
Page 8
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Product Reporting:PenormanceTaraets:
MSA-Tvoe -.QLSP POTS Dispatch and Non-Dispatch 190%
Zone-Tvoe-
Availabilty:Notes:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 9
MTTR-1 - Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusina how lona 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" wil be reported accrding to orders involving:
MTTR-1A Dispatches (Includes within MSA and outside MSA); and
MTTR-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
MTTR-1C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
¿((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) + (Total number of
Trouble Reports closed in the reporting period)
Exclusions:
. Trouble 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 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 (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Owest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type Disaggregation".
. For products measured from MTAS 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.
.
ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 10
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Product Reporting:Peñormance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-TvDe-.
Availabilty:Notes:
Performance wil be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwst QLSp™ Servce
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 areonly 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 coed as follows:
- For products measured from MTAS 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 (Workorce 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 missing data essential to the calculation of the measurement per the measure definition.
.
ATTACHMENT 3 - Performance Targets for Owest QLSpTM Service
Page 12
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Product Reporting:Performance Target:
MSAType:.QLSP-POTS Diagnostic
Zone TVDe: .
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
ATTACHMENT 3 - Perfrmance Targets for Owest QLSpTM Service
Page 13
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Qwest Local Services PlatfTM (QLSpTM) Rate Page -Idaho
109.8 Shared Tran-rt Purchasd As Part of LSP"
109.8.1 OLSP'" Residential Business and PAL In LO- Per MOU $0,0011100
109.8.2 OLSP'" Centy ISDN BRI PAL in lOoN and PBX Analoa Trunks ¡Per Iinelrunkl UGUST -¡0.35
109.11 Local Swltchlnn Purchased As Part of 0LSP"
109.11.1 Po.. Basc Plan
109,11.1.1 Anal~ Port ''',21
109.11.1.2 Residential end use crit LAWUR 3.07 1
109,11,1,3 Effectve OLSP'" Residentil Analo Port 3.14 1
109.11.1.4 Di ital Port Sun~rtnn BRI ISDNl 17.40
109.11.1,5 PBX DID Port 7,AA
109.11.2 Int..ntionallv Blank
109.11.3 Po.. If 90% YOY Volume Retnton Plan Rllulreme Are Met
109.11,3.1 Anal~ Port 5.5
109,11,3,2 Anal~ Port Reidental end us crti LAWUR 251 1
109,11.3.3 Effectve OLSP'" Residen¡"'1 Analoa Port 3.08 1
109.11.3,4 Dinital Po" ISunnortnn BRI IS Nl 17,40
109.11.3,5 PBX DID Port 7,30
109.11.4 Intentionallu Blank
109.11.5 Po.. If 115% YOY Volume Grow Plan R..ulrements Ar Met
109.11.5.1 Anal~ Port '4,35
109.11.5.2 AnarPort Residental end us crert LAWUR '~1.0 1
109.11.5,3 Effectve OLSP'" Residential Analoa Port 2.95 1
109.11.5.4 Dinital Port I"unnortnn BRI ISDNl 17.40
10°.11.5,5 PBX 10 Port 7,AA
109.11.6 Intentionallu Blank
109.11.7 Locl Switch Usa"e
109.11.7,1 LSP'" Residential, Business, and PAL In LO- P..r MOW '0.001343
109,11,7,2 QLSP'" Centrx ISDN BRI PAL in lOoN and PBX Analnn Trunks Per Linefrunk UGUFM '1.3
109.11.8 -"h Features 2
109.11,8.1 Account CodAs, ner S~tem AZPS 75.00
109.11,8.2 Att..ndant Acc Line ~'Staon Line DZR 10,00
109.11,8.3 Audible Meo""e Waitinn MGN W/W 12.00
109.11.8.4 Authorization Codes :n SVem AFYS 85.00
109.11,8.5 Autmatic Line ETVPB S8.00
109.11.8,6 Automatic Route Selecton - Common Eouioment. oer S""tem F5GPG '2200,00
109.11.8.7 Call Dron FlO ONLY 55.00
109,11,8,8 Call Exclusion. Automatc NXB'ISDN'55.00
109,11.8,9 Call Exclusion. Manual NA-FID $5.00
ID~N\
109.11,8.10 Call Foiwardin BusvLlne . Incomino Onlv 69B1X 5,00
109,11,8.11 Call Foiwa; Don't Answer Incomino 001 69A 5.00
109.11.8,12 Call Foiwa..lnn: Busu Line I Don' Anser Prorammable Sllce Establishment SEPFA 50,00
109.11.8,13 Call Foiwardinn: Don't Answer I Call Foiwardinn Busv Customer Prorammable ~r Line FSW 10.00
100,11.8.14 Cal Waitnn Indican. nerTimino State WUT 25.00
109,11.8,15 CAntrx Common EnuinmAnt HYE HYS 5160,00
109,11.8.16 CLASS. r.all Trace Per Occurrnce NOUSOC M.46
109.11,8.17 CLASS. Continuous Redial NSS 10.00
109.11.8,18 CLASS. Last Call Retum NSQ 10.00
109.11,8.19 CLASS. Prio;¡Callinn NSK 10.00
109,11,8.20 CLASS. Selecte Call Foiwardino NCE 10.00
109.11.8.21 CLASS. "Alecte Call Reectn FKQPN NS 10.00
109.11,8.22 Direct Station Selecon I Bus Lamn Fieltl ner Arroement BUD 8.00
109,11,8.23 Direed r.all Piokun wi Rame-n 6MD 5,00
109.11.8.24 Dire Cali Pickun witout Bame-n 690 5,00
109.11,8,25 Distin""vs RlnnDistinctver.1i Waitino RNN 5.or
109,11.8,26 Exnensive Route Waminn Tone. ""r SYStem AQWPS 90.00
100,11.8,27 Groun Intrcm GCN $8.00
109.11.8.28 Hot Line, per Line HLN,HLA $8.00
109,11,8,29 Huntnn Mu¡ition Hoeuinn MH5 ~5,OO
109.11.8.30 Huntnn: Mulli~iton wi Announcement in Queue MHW $5.00
109, 1.8,31 Huntinn: Mult~iton with Music in Queue MOHPS $100.00
109.11.8.32 ISDN Short Hunt NHGPG,$10,00
NHGPN
109,11,8,33 LoudsnAaker p.ninn ~r Trunk Groun PTQ"'I B
109.11.8.34 MakA Bus" Arr""ement ner Groun A9AEX P89 ~20.00
10!,ll,8,35 Make Bu""Arrnneme.. ne Line MBl ~10.00
109,11.8.36 Messan Center ner Main Station Line MFR ~8.00
109,11.8.37 Mes..ne Waitinn Visual MV5 ICB
109,11.8,38 Music On Hold ner S~tem MHHPS $75.00
109.11.8.39 Privac" gAleasA K7KPK $5,00
109.11,8.40 Quen, TIme QT1PK 55.00
109.11,8.41 SMDR-P.Arhiveti Dat SR7CX ~:vO.oo
109.11.8.42 SMDR.P. Service establishment Charge, Initial Installation SEPSP.$165.00
SEPSR
109.11.R.43 Station Camn.n Servce ner Main Statin CPK $8,00
109,11.8,44 Time of Da" Contrl for ARS rSvstem ATBPS $125,00
109.11.R.45 TimA ofDa" NCOS Undate A4T $1.00
109.11,8.46 Time of Oa" Routinn ner Line ATB 51.0
109,11.8.47 Trunk Verication from Deslnnated Station BVS ~100,OO
109,11.8.48 UCD in Hunt Groun ""r Line MHM ~6.00
109.11,8.49 Premium Port Features- Addltionel Charae $2.08
109.11,8.49.1 CMS. S""'em Establishment. Inltia Instllation MB5XX 51000.00
109,11.8.49,2 CMS. S'-tem Establishment "ubsnuent Install~tion CPVO ~500.00
109,11.8.49,3 CMS. Packet Contl Canabilltu ""r S""tem PTGPS ~1500.00
109.11.8.49.4 Conference Callnn . Meet Me MJJPK ~5,OO
109.11,8.49,5 Conference Callno . Preet M09PK $5.00
109.11.8.49.6 Conference Callno. Station Dial 6-Wavl GVT $5.00
Qwe Local Servces Plaorm TM Agreement QLSp™ Ra Sheet.Vl,2,3 04.11.08
Qwest Locl Servces Platform TM (QLSplI) Rate Page. Idaho
109.11.9 Oter
109.11.9.1 Custom Number
109,11,9,1.Idaho Nor Se Applicable Qwst Retil 6
Tari, Catog 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 Qwest Retil 6
Tari, Catlog or Price List
les Discount (which will be
provided pursuant to terms
and conditions in CLEC's ICA).
109,11.9.2 PBX DID Comnlex Translatons Dinil Outnulsed ChAnne Ri' nalinn $15.2
109,11,9,3 PBX 010 Comnlex Translatons Sinnalinn Channe $35.5
109,11,9.4 PBX DID Block Comnromise $25.
109.11.9.5 PBX DID Groo of 20 Numbers $31,3
109,11,9,6 PBX DID Rese Seouential # Bloc $25.3
109.11,9.7 PBX DID Resrve Nonsuental TeleDhone Numbe $23.6
109,11,9,8 PBX DID Nonsuental Teienhone Numbe $33.1
109.11.10 Subseouent ORler Charae NHCUU $12,17 4
109.11.11 Qwest Cornnraon IQC IntaLATA Toll LPIC 5123
109.11.11.1 Idaho Nort See Applicable Qwest Retil 6
Tari, Catlog or Price List
les Discount (which will be
prvided pursuant to terms
and conditins in CLEC's ICA).
109,ll,l1.2ldahoSout See Applicable Qwst Retil 6
Tari, Catalog or Prce List
less Discount (which will be
provided pursuant to terms
and conditions in CLEC's ICA).
109.20 MIscellaneous Charges 5
109.20,1 Deslan'. Nort
109.20,1,1 Maintnanc of Servce
109,20,1.1,1 Basic
109.20.1.1.1,1 Firs Incment MVXX ü
109,20,1,1,1,2 Each Additonal Incrment MV1X ü
109.20.1,1.2 Overtme
109,20.1.1.2,1 Firs Incment MVOX ü
109.20.1.1.2.2 Ead1 Additnal Incrment MV2X ü
109.20.1,1.3 Premium
109,20,1,1,3,1 Firs Increment MVPX ü
109.20,1.1,3.2 Each Additonal Increment MV3X ü
109,20.1.2 Ontional Testino (Additional Labor
109.20.1.2.1 Basic Firs and Each Additonal Increment OTNBX ü
109,20.1,2,2 Overtme Firs and Each Additional Increment OTNOX ü
109,20,1.2.3 Premium First and Each Additonal Incrment OTNPX ü
109.20.1,3 Disoatch Additional Dlsoatch . No truble found VT6DC ü
109.20.1.4 DiSnath for Maintenance of Service. No Trouble Found VT6DM ü
109.20.2 D..lnn and Non-Deslnn . Nort
109,20,2,1 Trin Chame . P"'mis'" Visit hame SCO ü
109,20,2,2 Premises Work Charoe
109,20,2.2.1 Basic
109,20,2,2,1,1 First Increment HRD11 ü
109.20.2.2.1.2 Each AddKlonallncrement HROAl ü
109.20.2,2.2 Overtme
109.20,2.2.2.1 Firs Increment HRD12 ü
109.20.2.2.2,2 Each Additonal Increment HRDA2 ü
109.20,2,2,3 Premium
109.20,2.2.3,1 First Increment HRD13 ü
109.20,2.2,3.2 Each Additional Increment HRDA3 ü
109,20.2.3 Neork Premises Work Chame
109.20.2.3.1 Basic First Increment HRR11 ü
109,20,2.3,2 Basic Each Additinnal In-rement HRRA1 ü
109,20,2.3.3 nvertme First Increment HRR12 ü
109.20.2.3.4 Overtme Each Additional Increment HRRA ü
109,20,2,3.5 Premium Firs Increment HRR13 ü
109.20.2.3.6 Premium Each Additonal Incrment HRRA3 ü
109.20.2.4 DateChanoe VT6DC ü
Deslon Channe H28 ü
Fxn.ite Chame Per dav advanced EODDB ü
Cancellaton Chame NoUSOC ICB
109.20.3 Non-Deslon . Sout
109,20.3.1 Network Premises Work Chame
109,20,3,1,1 All Hours 1 st 15 minute HRH11 ü
109,20,3.1,2 All Hours next thre 15 minutes HRHAl ü
109,20.3.1.3 All Hours ea addtl 15 minutes HRDAl ü
Qwest LocalServlces Platform™ Agreement QLSP TM Rate Sheet-Vl.2,3 04.11.08
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2
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Qwest Local Services PlatformTM(QLSPTM) Rate Page -Idaho
Janua 4 2011 throu hTerm*
109.20.4 Deslfn . Sou
109.20.4,1 Mai..nance of Service
109.20.4,1,1 Basic
109.20.4.1.1.1 First Incent WNXX ..
109.204.1,1,2 Each Additinal Increment WN 1 X ..
109,20.4.1.? Ovrtme
109,20.4, .2,1 First Increment WNOX ..
109.20.4.1.2.2 Each Additonal Increment WN 'x ..
100.20.4,1.3.1 Premium
109.20.4.1.3.1 First Incrent WNPX ..
109.20.4.1,~.2 Each Additional Incrment WN3X ..
,na?nA'
Ov~~~ First~Each Additional Increment
"..AX ..
109.20.4.2,2 OTNOX ..
109.20.4.2.3 P~mium Firs and E~ch Additinal Incrment OTNPX ..
109.20.4.3 Disnatch Additonal Di""tch . No truble found VT6DC ..
109,20.4,4 Disnatch for Maintenance of Service. No Trouble Found VT6DM ..
109.20.4,5 Network Premis Work Cha e
109.20.4.5.1 Basic
109,20.2.5.1.1 First Increment HRHll ..
109,20.2,5.1,2 Each Additonal Increment HRHAl ..
109.20.4.5,2 Overtme
109,20.2,5,2.1 Firs Incment HRH12 ..
109.20.2.5,2.2 Each Additional Increment HRH ..
109,20.4,5,3 Premium
109,20.2,5,3,1 First Increment HRH13 ..
109.20,2.5,3.2 Each Adrlitonallncrment HRHA3 ..
109.20.5 Desinn and Non-Desinn . South
109.20.5,1 Trin Cha~e . Premises Visit Chame NRTCY ..
109.20,5,2 Premise Work ha~A
100,2n.5,2,l Basic
109,20.5,2.1,1 First Inc..ment HRD11 ..
109,20.5,2.1,2 Each Additonal Incrment HRDAl ..
109.?0.5,2.2 Overtme
109,20.5.2.2,1 Firs Increen HRD12 ..
109.20.5.2.2,2 E~ch Additonal Increment HROA2 ..
109,20,5 2.3 P..mium
109,20.5,2,3,1 First Incrment HRD13 ..
109,20.5.2,3.2 Each Additnal Increent HRDA~..
10°.20.',3 DateChanne VT6DC ..
109.20.5.4 Deinn Channe H28 ..
109.20,5.5 Exoedlt Cha~e Per da" advance EODDB ..
109.20,5.6 ~ancelation Chame NoUSOC ICB
109.23 OLSP'" Instllation and Conversion Nonrecurrl¡;Cha~es INRCs!
109.23.1 Coovenilon Nonrecurrn" Cha~es
109.23,1.1 QLSP'" Busines Centrex PAL and PBX Analoa non-DID Trunks Resiential
109,23.1,1,1 First Line Mechanized "RCCU $1.50
109.23.1.1.2 Each Additional Line (Mechanized\URCCY 50,50
109.2~.1.1.3 Firs Line Manual URCCV 515,00
109,23,1,1.4 Each Additional Line (Manuall URCCZ 53.00
109.23.1,2 0LSP'" PBX DID Trunks
109.23.1.2.1 First Tn 'nk URCCD 528,84
109,23.1,2,2 Each Additonal 52,73
109.23.1.3 QLSP'" ISDN BRI
109.23,1.3,1 Fi~t URCCU $30.66
109.23.1,3.2 Each Additonal 52,73
109.23.2 Instaatlon Nonrecurrnn Cha~es
109,23,2,1 QLSP'" Business Cent PAL and PBX Anloa non-DID Trunks Residentl
109.23,2.1.First Line 'MechanÔ7ed NH''RA 5.0;.00
109,23.2,1,2 Each Additonal Line Mechanlzdl HCRC !l18,OO
109.23,2.1.3 Fi"'. Line (Manual NHCRB !l7,.no
109.23.2.1.4 Ð'h Additional Line Manual NHCRD !l20.00
109,23,2,2 QLSP'" Anal~ DID PBX Trunks $15.21
109.23.2.3 0LSP'" ISDN.BRI $272.96
109.23.3 Qwesl A1N Features
109.23,3,1 Idaho Nort See Applicable Owes Retail 6
Tari, Catalog or Price List
les Discount (which will be
provided pursuant to tenos
and conditions in CLEC's ICA).
109.23.3.2 Idaho Sout se Applicable Owest Reil 6
Tari, Catalog or Price List
les Discount (which will be
prvided pursuant to tenos
and conditions In CLEC's ICA)
109.3.4 o. Voice Mes"in" Service
Owes Local Services Plattono TN Agreement QLSpTN Rate Sheet-l.2.3 04,11.08 3
109,23.4.1 Idaho Nort See Applicable Owest Retail
Tari, Calog or Price List
les Diunt (which will be
provided pursant to tenn
and conditons In CLEC's ICA).
se Applice Owest Retil
Tari, Catlog or Price List
les Discount (which will be
provided pursuant to tenn
and conditions in CLEC's ICA),
6
6
109,23.4.2 Idaho Sout
112 o eraonal Su It S ems
112.1 Develoments and Enhancements er Local Service Re uest
112.2 On oi 0 erations er Local Servce Re uest
112.3 Daily Usage Records File, per Record
All charges and incrments
equal the comparable charges
and increments provided in th
Owes! Wholesale PeAL
!'*Universal Service Order Codes (USOCs) have ben proided In an efort to ease item decription and USOC assocaton wi charges, In the evet USOCs are
inaccurate or are revised, Owest rervs the riht to corrct the Rate She, In the event of any signifcant change(s), notication will be provided via the standard
See Applicable Qwest Retail Tari, Catlog or Price List for atl charges and Incrme,
QLSP'" Business and Residential servce utilize the same Class of Seice and line Universl Servce Order co (USOCS). QLSP'" Residential servces will be
billed at the Analog Port rae and only those lines that speifcally qualif for and are identie as servng a residential end.user cumer by the presence of the
LAWUR USOC wil receive the Residental end user credil
2 QLSP'" servce includes nondiscminatry acc to all vertcal sw feat th are loaded In Qws End Ofce Sw, See the PCA T for all compatble and
available vertcal switch featre, Only vertcal switc featre wi Non-Recrrng, Recrrng. or Per Occrrnce charges are listd. Non-ecurrg charges are
applicable whenever a feature is aded. wheter on new Installaton, coversion, or change orr acty, Thos vertcal swih featre not list have a rate of $0 for
Monthly Recurrng, Non.Recrrng, or Per Occurrnce charges,
3 Reserved for future use.
4 The Subsquent Order Charge is applicable on a per order basis wh changes ar reuested to exsting servce, including changing a telephone number, initiatng or
removing Suspension or Servce, denying or restoring serv, adding, removng, or changing fere, and oter similar rees.
5 QLSP'" ISDN BRI and PBX are "Deign". Remaining QLSP'" sece are *NonDeign". All chares and increent shall be the same as the comparable charges and
increment provided in Owest Retil Tari, Catlogs, or Prce Lis and are subj to chane ba on chaes In thos underiying Owest Retail Tari, Catalos, or
Price Lists. In the event a rate changes, noticaon will be prvided via the stdard no pr.
6 Where the service has ben deemed to be a Telecommunicaons Servce, the DiSnt will be provided pursuant to CLEC's ICA, Where the servce is not a
Telecmmunicaons Servce, the discount wil be 18%,
Qwest Local Servces Plalfonn™ Agreement QLSp™ Rae Sheet.V1,2.3 04.11,08
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