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Home My WebLink About20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7th Avenue, Room 1 506 Seattle, Washington 98191 (206) 73&5178 Facsimile (206) 343'4040 Maura E. Petercon Paralegal Rogulatory Law January 17,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 sITdTlrv CenturyLink' " ... a-*r . , .-l Via Overnight delivery Cvr-L-T- Os-o1 Re: CenturyLink Local Services Platform ((CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your offrce on January 16,2014, enclosed are the signature pages for all of the CLSPs which have been extended. For your convenience, we are also enclosing a matrix listing the CLSPs and the docket numbers associated with the original agreements. Please contact have any questions concerning the enclosed. Thank you. Sincerely, Maura E. Pe MEP/jga Enclosure oo- EXTENSION AMENDMENT TO RYLINKTM LOCAL SERVICES PLATFORM ("GLSP'*"1 AGREEMENTCENTU This amendment ('Amendment"), by and between Qrrest Corporation dba CenturyLink QC ("CenturyLInk"), .a Golorado corporation, and Mclmetro Accesi Transmission Services LLb ("CLEC"), amends the CenturyLinkil Local Services Platform ('CLSe'ul Agreement (formerly known as "Qwest Local Services Platformil ("QLSe*l Agreement') between the Parties' WHEREAS, the Parties entered into a Qwest Local Services Platfonn ('QlSe*l Agreement (now referred to as a CenturyLinkil Local Services Platform fCLSPrM') Agreement), (the "Agreement'); and WHEREAS, the terms 'CenturyLink' and 'CLSP' in this Amendment shall be used in place ol and interchangeably with, the terms "Qwest'and 'QLSP", respectively, in the Agreement; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipi and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section 2 of the Aareement will be reolaced ln lE entlrefnr as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aqreementwill be feplaced ln iE entiretu as follows: 3. Term. The term of this Agreement begins on the Effective Date and continues through December 31, 2016. Upon expiration, this Agreement will continue on a month-to-month basis until it is terminated by either Party, with at least ninety (90) Days prior written notice, pursuant to Section 22 of lhe Agreement, or replaced by a successor agreement. Atlachment 2 - Serulce Descriotlon - of the Aareement is herebv anended as follows: 1. Section 1 of Attachment 2 will have the following added: 1.6.7 Should CenturyLink cease offering a service to its End User Customers that is also available under this Agreement, upon thirty (30) Days prior written notice to CLEC, CenturyLink will also cease offering the service to CLEC. Notwithstanding the foregoing, CenturyLink will not effect a discontinuation of any service pursuant to this Section 1.6.7 in such manner that CLEC may not reasonably comply with Applicable Law conceming End User Customer discontinuation of service, disconnection and notification, provided that, the foregoing is subject to CLEC's reasonable diligence in effecting such compliance. Section 3.2.4 of Attachment 2 is replaced with the following: 3.2.4 115o/o YOY Volume Growth PIan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or exceeds 1'lOo/o ol the sum of CLEC's totalCLSP lines as of October3l of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,000) CLSP lines, CLEC will qualiff for a 30% discount off the Business Port MRCs and a 60/o discount ofi the Residential Port MRCs applicable during the next calendar year. Section 7 of Attachment 2 will have the following changes: 7.0 , Commercial Peformance and Service Credits. 7.2 Removed in its entirety. 7.3 Removed in its entirety. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. Decemberl0, 20'13/kjdCLSP 2014 Extension Amendment to CLSPil AgreemenUMClmetro Access AZ-CDS-101021-0086; CO-CDS-101021-0087; IA-CDS-101021-0088i ID-CDS-101021-0089; MN-CDS-101021-0090 MT-CDS-101021-0091; ND-CDS-101021-0092; NE-CDS-101021-0093; NM-CDS-101021-0094; OR-CDS-101021-0095; SD-CDS-101021-0096; UT-CDS-I01021-0097; WA-CDS-101021-0098; WY-CDS-101021-0099 3. 4. Page 'l of 2 CenturyLlnkil Loca! Seruicee Platform (CLSPil) Rate Page - AZ, CO, lA, lD, MT, ND, NE, NM, OR, SD, UT, WA, WY January 1, 2014 through Term CenturyLinkil Local Servlces Platform (CLSPil) Rate Page - Mlnnesota January 1,2011 through Term 109.fi.2 ,ortr, It 80% YOY Volume Retonflon Plrn Requlrementt Are ltlet r09.1 1.2.1 qrdos Port il/, t09.11.2.2 )g Po.t, Resu€nthl end us€r cr€dlt .AWUR N,, r09.11.2.3 :ffedlve CLSPil R€Eidential fuialoo Port N/' tos.11.2.4 Er Port (suppor,ung ERt tsDN)M' r09.11.2.5 ,BX DID Pod N,, t092:t2 rutallrtlon l{onrecurdne Chr|ue! t@.23.2.1 ;LSPrr Eurlne3r, Centrlx, PAL, rnd PBX AnaloS non-DlD Trunka, Rerldenilal rc9.4.2.1.1 lFIst Une (tr,l€ctladz€d)\IHCRA $25.0C DocuSign Envelope tD: 661 E48F3-B8D6-4C78-A7D7-1 BSE9CDBBA9O EXTENSION AMENDMENTTO GENTURYLINKTi. LOCAL SERVTCES PLATFORM ("CLSP'*"; AGREEMENT 4. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. The centuruLlnk OLSP Rate sheets are amended per the attached rate sheetkl. Section 109.23.2.1.1of each CLSP rate Sheet will reflect a rate reduction from $50.00 to $25.00. Section 109.11 .2 of the CLSP Rate Page will be removed in its entirety - for Minnesota only. Further Amendments Except-as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force and effect. The provisions oi this Amendment, inciuding the provisio-ns of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures frornthe piovisions of this Amendment may not be given without the written consent tlereto by both of the Parties hereto. No waiver by any Party of any default, misrepresentation, or breach of wananty or covenant hereunder, whether intentional or not, will be deemed io eX6nd to iny prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Entire AEreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter of the Agreement, as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. !.q9g1Uer 17 ,2013N1,ICLSP 2014 Extension Arnendment to CLSpil AgreementTNCI Operating company LLC/AZ=CDS-101108-0235; CO=CDS-101106-0236; to=CDS-.t01108-0237; lA=CDS-101108-0238; MN=CDS-I01108-0239; MT=CDS-101108-0240; NE=CDS-1011060241; NM=CDS-10110&0242; ND=CDS-101108-0243; OR=CDS-101 108-0244; gp=695-101 1 O8-024S; UT=CDS-101 10&0246; WA=CDS-101 108-0247; MIy=CDS-lOl 108-0248 1. 2. Title: - Director - Wholesale Contracts Date: t2/L9/20L3 L2/L9/20L3 Page 2 ot 2