20101221Amendment.pdf

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Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile [phone]
Maura E. Peterson
Paralegal
Regulatory Law
December 20,2010
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
ort,"r.t,i:vt.-$
iMfiOEC 2 \ PM 2: 05
Qwest~
Spirit of Service~
Via Overnight delivery
Re: Case No. QWE-T-05-l4
Application for Approval of Amendment to the Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
'f you have any questions concerning the enclosed. Thank you for your
tter.
\ s~er
'jra
mep
Enclosure
cc: Service list
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Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr(g q west.com
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20'0 DEC 21 PH 2= 05
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-05-14
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 August 29, 2005 (the "Agreement"). The Amendment with Earnest
Communications, Inc. 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 carier not a pary to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment wil enable Earest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Earnest Communications, Inc.
QLSP Amendment
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Communications, Inc. to interconnect with Qwest facilities and to provide customers with
increased choices among local telecommunications services.
Qwest further requests that the Commission approve this Amendment without a 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 pary to the negotiations.
Expeditious approval would further the iublic interest.
Respectfully submitted this~day of December, 2
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Adam L. Sh
Attorney for Qwest
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT - Page 2
Earnest Communications, Inc.
QLSP Amendment
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CERTIFICATE OF SERVICE
I hereby certify that on this f#~ day of December 2010, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡¡ewell (gpuc.statejd.us
Hand Deli very
U. S. Mail
-X Overnight Delivery
Facsimile
Email
Paul Masters, President
Earnesxt Communications, Inc.
5275 Triangle Parkway, Suite l50
Norcross, GA 30092
Hand Deli very
-L U. S.Mail
Overnight Delivery
Facsimile
Maura Peterson
Paralegal, Qwest
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Earnest Communications, Inc.
QLSP Amendment
. DocuSigrl Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86..
¡-=1- .J.QWEST LOCAL SERVICES PLATFORM 1M AGREEMENT ?Pin nr:c 2 fL.:U.¥. UL- _ - _ -Pl1 2= 05
f Ði'H 0 p: ;,_,.,;This Qwest Local Services Platform™ ("QLSpTM") Agreement, together with the Attachments hereto at!l:R.arfJ~~Je~;¡t
incorporated herein by reference ("Agreement") is between Qwest Corporation ("Qwest"), a Colorado corporation, ana
Ernest Communications, Inc. ("CLEC"), a Georgia Corporation, (each identified for purposes of this Agreement in the
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.
By:
Name:
Title:
Date:
L201E9FC&B0545"::J
.lr~_
DoouSianed BY L T Christensen
Ernest Communications, Inc.:
r-CFBE64CB1B4B"'J
BY:I~-;::-:! Master
Qwest Corporation:
L. T. Christensen
Director - Wholesale Contract
11/23/2010
Name:
Title:
Date:
Paul Masters
President
11/23/2010
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: intagree!âgwest.com
With copy to:
Qwest Law Department
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnection!âgwest.com~
. Paul Masters
President
Ernest Communications, Inc.
5275 Triangle Parkway, Suite 150
Norcross, GA 30092
770-242-9069
pmasters!âernestgroup.com
APPLICABLE STATES:South Dakota
.. Utah
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 after this Agreement is executed.
.. Washington 7.0 (with Commercial Perfrmance
Measures and Reporting, Performance Targets and
Service Credits, as described in Section 7.0 of
Attchment 2 to this Agreement); or
.. Arizona
.. Colorado
.. Idaho
.. Iowa
.. Minnesota
.. Montana
.. Nebraska
.. New Mexico
.. North Dakota
.. Oregon
Washington 8.0 (with Service Performance Measures
and Reporting and Performance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Attachment 2 to this Agreement).
.. Wyoming
. November 12, 2010/mmslEmest Communications, Inc.Qwst OLspm MSA - (v1Q-15-10) Page 1 of 11
(AZ=CDS-101112-0032); (CO=CDS-101112-0033); (IA=CDS-101112-o034); (ID=CDS-101112-o035); (MN=CDS-101112-o036);
(MT=CDS-1 01112-0037); (ND=CDS-1 01112-0038); (NE=CDS-101112-o039); (NM=CDS-1 01112-0040); (OR=CDS-1 01112-0041 );
(UT=CDS-101112-0042); (WA=CDS-101112-0043); (W=CDS-101112-o044)
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86 ,.
WHEREAS, CLEC desires to purchase from Qwest certain combinations of Netork Elements, ancilary functions, and additional
features, including without limitation, the local Loop, Port switching, and Share Transport.
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Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Owest mutually agree as follows:
4.6 Except as otherwse provided in this Agreement, the Parties
agree that Servces provided under this Agreement are not subject to
the Qwest Wholesale Change Management Process ("CMP"), Qwests
Performance Indicators ("PID"), Performance Assurance Plan ("PAP"),
or any other wholesale service quality standards, or liquidated
damages and remedies. Except as otherwise provided, CLEC hereby
waives any rights it may have under the PID, PAP and all other
November 12, 2010/mms/Ernest Communications, Inc.
Qwest QLSpTM MSA - (v1 0-15-1 0)
(AZ=CDS-1 01112-0032); (CO=CDS-1 01112-0033); (IA=CDS-1 01112-0034); (ID=CDS-1 01112-0035); (MN=CDS-101112-o036);
(MT=CDS-101112-0037); (ND=CDS-101112-0038); (NE=CDS-101112-0039); (NM=CDS-101112-0040); (OR=CDS-101112-0041);
(UT=CDS-101112-0042); (WA=CDS-101112-0043); (W=CDS-101112-0044)
1. Definitions. Capitalized terms used herein are defined in
Attachment 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 Parties ("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, Owest may immediately
convert CLEC to an equivalent altemative service at market-based
wholesale rates.
4. Scope of Agreement; Service Provisionina; Controllng
Document; Change of Law; Eligibilty for Services under this
Agreement; Non-Applicabilty of Change Management Process.
4.1 The Services ("Services") described in this Agreement wil
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
govem the provision of Services hereunder, the following order of
precedence wil 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 Agreement shall
be deemed an admission by Qwest or CLEC conceming 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 Owest or CLEC from taking any position in any
forum conceming the proper interpretation or effect of the Exsting
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 Parties
agree to negotiate in good faith such changes as may be necessary to
address such material impairment.
4.5 To receive services under this Agreement, CLEC must be a
certifed CLEC under Applicable Law. CLEC may not purchase or
utilze Services covered under this Agreement for its own
administrative use or for the use by an Affliate.
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 process enhancements will be communicated through the
stndard accunt interfaces. Change requests common to shared
systems and processes subject to CMP wil continue to be addressed
via the CMP produres.
5. CLEC Information. ÇLEC agrees to work with Qwest in
go faith to promptly complete or update, as applicable, Qwests
"New Customer Questionnaire" to the extent that CLEC has not
alredy done so, and CLEC shall hold Qwest harmless 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 description of the Service and applicable rates are set
forth in the Attachments hereto and Rate Sheets. The Parties agree
that the referenced rates are just and reasonable.
6.2 Taxes. Fees, and other Governmental Impositions.
All charges for Service provided herein are exclusive of any federal,
stae, or local sales, use, excise, gross receipts, transaction or similar
taes, fees or surcharges ("Tax or "Taxes"). Taxes resulting from the
perfrmance of this Agreement shall be borne by the Part upon which
the obligation for payment is imposed under Applicable Law, even if
the obligation to collect and remit such Taxes is placed upon the other
Part. However, where the sellng Part is specifically permitted by .
Applicable Law to collect such Taxes from the purchasing Party, such
Taxes shall be bome by the Part purchasing the services. Taxes
shall be biled as a separate item on the invoice in accordance with
Applicable Law. The Part biling such Taxes shall, at the wrttenrequest of the Part being biled, provide the biled Party 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 Parts
challenge, provided that the Contesting Part pays all reasonable costs
incurr by the Collecting Part. The Contesting Part is entitled to the
benefit of any refund or recvery 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
exemptin certificate, the sellng Part shall exempt the purchasing
Part if the sellng Part accpts the certifcate in good faith. If a Part
becomes aware that any Tax is incorrectly or erroneously 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 taes on its ow business, the measure of which is its own net
income or net worth and shall be responsible for any related ta filings,
payment, protest, audit and litigation. Each Part shall be solely
responsible for the billng, collection and proper remittnce of all
applicable Taxes relating to its own services provided to its own
Customers.
7.Intellectual Propert.
Page 2 of 11 .
7.6 To the extent required under Applicable Law, Owest shall
use commercially reasonable efforts to obtain, frm its vendors who
have licensed intellectual propert rights to Owest in connection with
Services provided hereunder, licenses under such intellectual propert
rights as necessary for CLEC to use such Service as contemplated
hereunder and at least in the same manner used by Owest for the
Services provided hereunder. Qwest shall notify CLEC immediately in
the event that Qwest believes it has used it commercially reasonable
November 12, 2010/mmslErnest Communications, Inc.
Qwest QLSpTM MSA - (v10-15-10)
(AZ=CD5-101112-0032); (CO=CDS-101112-0033); (IA=CDS-101112-Q034); (ID=CDS-101112-Q035); (MN=CDS-101112-Q036);
(MT=CDS-101112-Q037); (ND=CDS-101112-0038); (NE=CDS-101112-0039); (NM=CDS-101112-0040); (OR=CDS-101112-0041);
(UT=CD5-101112-0042); (WA=CDS-101112-0043); (W=CDS-101112-Q044)
. pocuSigi1 Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
.7.1 Except for a license to use any facilties or equipment
(including softre) solely for the purposes of this Agreement or to
receive Service solely as provided in this Agreement or as specifically
required by the then-applicable federal rules and regulations relating to
Services provided under this Agreement, nothing contained in this
Agreement shall be construed as the grant of a license, either express
or implied, with respect to any patent, copyright, trade name,
trademark, service mark, trade secret, or other proprietary interest or
intellectal propert, now or hereafter owned, controlled or licensable
by either Part. Neither Part may use any patent, copyright, trade
name, trademark, 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 wrtten
agreement betwen the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each Part (an Indemnifyng Part) shall indemnify andhold the other Part (an Indemnified Part) harmless from and against
any loss, cost, expense or liabilty arising out of a claim that the
services provided by the Indemnifying Part provided or used pursuant
to the terms of this Agreement misappropriate or otherwse violate the
intellectual propert rights of any third part. The obligation for
indemnification recited in this paragraph shall not extend to
infringement which results frm:
A. any combination of the facilties or services of the
Indemnifyng Part with facilties or service of any other Person
(including the Indemnified Part but excluding the Indemnifying
Part and any of its Affliates), which combination is not made by
or at the direction of the Indemnifying Party or is not reasonably
necessary to CLEC's use of the Services offered by Qwest under
this Agreement; or.B. any modifcation made to the facilties or services of the
Indemnifying Part by, on behalf of, or at the request of the
Indemnified Part and not required by the Indemnifyng Part.
7.3 In the event of any claim, the Indemnifing Part may, at its
sole option, obtain the right for the Indemnified Part to continue to use
any infrnging facilty or service or replace or modify any infringing
facilty or service to make such facility or service non-infringing.
7.4 If the Indemnifyng Party is not reasonably able to obtain the
right for continued use or to replace or modify the facilty or service as
provided above and either the facilty or service is held to be infrnging
by a court of competent jurisdiction or the Indemnifyng Part
reasonably believes that the facitty or service wil be held to infringe,
the Indemnifing Party wil notify the Indemnified Part and the Partes
wil 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 cesation of further
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
modifcations to the facilties or services, and such request shall not be
unreasonably denied.
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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, preceing.
7.7. Neither Part shall without the express wrtten permission of the
other Part, state or imply that it is connected, or in any way affliated
with the other or its Affliates; it is part of a joint business asociation or
any similar arrangement 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 wih respect to its marketing, advertising
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 addition, CLEC, including its employees,
representatives and agents, will not state or otherwise indicate, directy
or indirectly, to its end-users or prospectve end-users: (a) that they will
be Owest customers or that they may obtain Qwest service from CLEC
or (b) that CLEC has or the end-user wil have any relationship with
Owest. Without limiting the foregoing, CLEC must not use a name,
trademark, service mark, copyright or any other intellecual propert
owned by Owest or its Affliates, except that CLEC may communicate
that Qwest is one of the underlying carrers from which CLEC
purchases services if CLEC has obtained the prior wrtten consent of
the Qwest Law Department. 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 truthfully
describing the Services it uses to provide service to its End User
Customers, provided it does not represent the Services as originating
from the other 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 Agreement constittes 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 Qwest or Qwests Affliates in any way.
7.9 Because a breach of the material provisions of ths Secton 7
may cause irrparable harm for which monetary damages may be
inadequate, in addition to other available remedies, the non-breaching
Part may seek injunctive relief.
8.Financial Responsibilty Payment and Security.
8.1 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 preceding such Saturday or
holiday. For invoices distributed electronically, the date of the invoice
date is the same as if the invoice were biled on paper, not the date the
electronic delivery occurs. If CLEC fails to make payment on or before
the Payment Due Date, Qwest may invoke all available rights and
remedies.
8.2 Cesstion of Order Processing. Owest may discontinue
processing orders for Services for any breach by CLEC of this
Agreement, including without limitation, the failure of CLEC to make full
payment for Servces, 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 fir notified CLEC in writing at
least ten (10) business days prior to discntinuing the proessing of
orders for Services. If Qwest does not refuse to accpt additional
orders for Service on the date specified in the ten (10) business days
Page30f11
B. If CLEC pays the disputed charges and the dispute is
resolved in favor of Owest, 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,
Owest wil adjust the Billng, usually within two Biling cycles after
November 12, 2010/mmslEmest Communications, Inc.
Owest OLSpTM MSA- (v1D-15-10)
(AZ=CD5-1 01112-0032); (CO=CDS-1 01112-0033); (IA=CDS-1 01112-0034); (ID=CDS-1 01112-0035); (MN=CDS-101112-0036); .
(MT=CDS-101112-o037); (ND=CDS-101112-o038); (NE=CDS-101112-o039); (NM=CDS-101112-0040); (OR=CDS-101112-o041),
(UT=CD5-101112-0042); (WA=CDS-101112-o043); (W=CDS-101112-o044)
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
notice, and CLEC's non-empliance continues, nothing contained
herein shall preclude Owests nght to refuse to accpt 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 goo faith
under this Agreement, and Owest may reuire a deposit (or recalculate
the deposit) pursuant to Section 8.5. In addition to other remedies that
may be available at law or equity, Owest reserves the nght to seek
equitable relief including injunctive relief and specific performance.
8.3 Disconnection. Owet may disconnect any Service
provided under this Agreement for any breach by CLEC of this
Agreement that is not cured by CLEC in accordance with Section 11
herein, including without limitation, failure by CLEC to make full
payment for such Services, less any good faith disputed amount as
provided for in this Agreement, within sixty (60) Days following the
Payment Due Date provided that Owest has first notified CLEC in
wrting at least ten (10) business days pnor to disconnecting Services.
CLEC wil 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, wil become due and payable. If Owest does not disconnect
CLEC's Service on the date specified in the ten (10) business days
notice, and CLEC's noncompliance continues, nothing contained
herein shall preclude Owests 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 Services and Owest may require a deposit (or
recalculate the deposit) pursuant to Secton 8.5. In addition to other
remedies that may be available at law or equity, Owest reserves the
nght to seek equitable relief, including injunctive relief and specific
performance. Notwthstanding the foreoing, Owest will not effect a
disconnection pursuant to this Section 8.3 in such manner that CLEC
may not reasonably comply with Applicable Law concerning End User
Customer disconnection and notifcation, provided that, the foregoing is
subject to CLEC's reasonable dilgence in effecng such compliance.
8.4 Billng Disputes. Should CLEC dispute, in good faith, and
withhold payment on any portion of the charges under this Agreement,
CLEC wil notify Owest in writing within fifteen (15) Days following the
Payment Due Date identifyng the amount, reason and rationale of
such dispute. At a minimum, CLEC will pay all undisputed amounts
due to Owest. Both CLEC and Owest agree to expedite the
investigation of any disputed amounts, promptly provide reasonably
requested documentation regarding the amount disputed, and work in
good faith in an effort to resolve and sette the dispute through informal
means pnor to invoking any other nghts 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 Owest, CLEC wil 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 dispute is resolved
in favor of CLEC, Owest wil credit CLEC's bil for the amount of
the disputed charges and any late payment charges that have
been assessed no later than the second Bil Date after the
resolution of the dispute.
the reslution 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, wil
any late payment charges be assessed on any previously
assessed late payment charges.
D. If CLEC fails to dispute a rate or charge within 60 Days
following the invoice date on which the rate or ~harge app~ar~d,
adjustment wil be made on a going-forward 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 conditon subsequent to the Effective Date
of this Agreement, Qwst may request a security 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 satisfactry credit with Owest, or the Part is repeatedly
delinquent in making its payments, or is being reconn~cted after a
disconnection of Service or discontinuance of the processing of orders
by Owest due to a previous failure to pay undisputed charges in .a
timely manner or due to the failure by CLEC to c~re a breac~ of this
Agreement in a timely manner. Owest may require a deposit to be
held as security for the payment of charges before the orde~ from
CLEC will be provisioned and completed or before reconnection .of
Servce. "Repeatedly Delinquent" means any payment of a material
amount of total monthly Billng under this Agreement received after the
Payment Due Date, three (3) or more times dunng. the last twelve (12)
month penod. The deposit may not exceed the estimated to~~1 monthly
charges for a tw (2) month penod based upon r.ecent Billing. Th~
deposit may be an irrevocable bank letter of credit, a letter of credit
wi terms and conditions accptable to Owest, or some other form of
mutally acceptable securi such as a cash deposit.. The deposit may
be adjusted by CLEC's actual monthly average charge~, 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) D~~s after
demand and non-payment is subject to the terms and provisions of
Section 8.2 and Section 8.3 of this Agreement.
.
8.6 Interest on Deposits. Any interest earned on cash deposits
will be credited to CLEC in the amount actually eamed or at the rate
set forth in Section 8.7 below, whichever is lower, except as otherwse
require by law, provided that, for elimination of doubt, the Pa~ies
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, wil be.credited to C.LE~'s
account or refunded, as appropnate, upon the earlier of the expiration
of the term of this Agreement or the establishment of satisfactory credit
with Owest, which wil generally be one full year of consecutive tim~ly
payments of undisputed amounts in full by CLEC. Upon a maten?1
change in financial standing, CLEC may request, and Owe~t will
consider a recalculation of the deposit. The fact that a deposit has
been m~de does not relieve CLEC from any reuirements of this
Agreement.
8.7 Late Payment Charge. If any portion of the payment is
received by Owest after the Payment Due Date, or if any p?rtion ~f the
payment is received by Owest in funds that are not immediately
available, then a late payment charge will be due to ~t. The late
payment charge is the portion of the payment not recived b.y the
Payment Due Date multiplied by a late factor. The late ~ctor 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
Page 4 of 11 .
. DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
. number of Days from the Payment Due Date to and including the date
that the CLEC actually makes the payment to Qwest; 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 functions
unless those functions and obligations are specifically agreed to by the
parties in this Agreement or in an amendment to this Agreement.
9. Conversions. If CLEC is obtaining services from
Owest under an arrngement or agreement that includes the
application of termination liabilty assessment (TLA) or minimum period
charges, and if CLEC wishes to convert such services to a Service
under this Agreement, the conversion of such servces will not be
delayed due to the applicabilty of TLA or minimum period charges.
The applicabilty of such charges is govemed by the terms of the
original agreement, Tariff or arrngement. Nothing herein wil be
construed as expanding the rights otherwse granted by this
Agreement or by law to elect to make such conversions.
10. Customer Contact. CLEC, . or CLEC's authorized agent,
are the single point of contact for its End User Customers' service
needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble report,
repair, post-sale servicing, Biling, collection and inquiry. CLEC will
inform it End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contacting Qwst will be
instructed to contact CLEC, and Qwests End User Customers
contacting CLEC wil be instructed to contact Qwet. 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 wil be referred to the proper
provider of Local Exchange Service; however, nothing in this
Agreement shall be deemed to prohibit Qwest or CLEC from
discussing its proucts and services with CLEC's or Qwests End User
Customers who call the other Part.
10.1 In the event Owest terminates Service to CLEC for any
reason, CLEC will provide any and all necessary notice to its End User
Customers of the termination. In no case will Qwest be responsible for
providing such notice to CLEC's End User Customers.
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 Section 25 herein and,
in addition to the foregoing, Qwest may cease to accpt orders from
CLEC for Services 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.
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, lost revenues, lost
savings suffere by the other Part regardless of the form of action,
whether in contract, warranty, strict liabilit, tort, including, without
limitation, negligence of any kind and regardless of whethèl the Parties
know the possibilty that such damages could result.
12.3 Nothing contained in this Section shall limit either Parts
liabilty to the other for willful misconduct, provided that, a Parts
liabilty to the other Part pursuant to the foregoing exclusion, other
than direct damages, will be limited to a tota cap equal to one hundred
per cent (100%) of the annualized run rate of total amounts charged by
Qwest to CLEC under this Agreement.
13. Indemnity.
13. 1 The Parties agree that unless otherwse specifically set forth
in this Agreement, the following constitute the sole indemnification
obligations between and among the Parties:
A. Each Part (the Indemnifying Party) 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 cots and
expenses (including attomeys' 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 Parts
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 incurrd 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 incurr such claims
or loss (the Indemnifying Part) shall defend and indemnify the
other Part and each of its offcers, directors, employees and
agents (each, an Indemnifed Part) against any and all such
claims or loss by the Indemnifying Part's End User Customers
regardless of whether the underlying Service was provided or was
provisioned by the Indemnified Part, unless the loss was caused
by the gros negligence or willfl misconduct of the Indemnified
Part. The obligation to indemnify wih respect to claims of the
Indemnifying Part's End User Customers shall not extend to any
claims for physical boily injury or death of any Person or
persons, or for loss, damage to, or destrction of tangible
propert, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the
employees, contrctors, agents, or other representatives of the
Indemnified Part.
13.2 The indemnification provided herein is conditioned upon the
following:
12.1 CLEC's exclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unles CLEC's damages
are otherwise limited by this Agreement to outage creits or other
service crdits, in which case Qwests total liabilty will not exceed the
aggregate amount of any applicble credits due.
12.2 Except for indemnifcation and payment obligations under
this Agreement, neither Part shall be liable to the other for indirect,
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(MT=CDS-1 01112-0037); (ND=CDS-1 01112-0038); (NE=CDS-1 01112-0039); (NM=CDS-1 01112-0040); (OR=CDS-1 01112-0041);
(UT=CDS-101112-0042); (WA=CDS-101112-0043); (W=CDS-101112-004)
.
A. The Indemnified Part will promptly notify the Indemnifying
Part of any action taken against the Indemnified Part relating to
the indemnifcation. Failure to so notify the Indemnifying Part will
not relieve the Indemnifying Part of any liability that the
Indemnifying Part might have, except to the extent that such
failure prejudices the Indemnifying Parts abilit to defend such
claim.
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
B. If the Indemnifying Party wishes to defend against such
action, it wil give written notice to the Indemnified Part of
acceptance of the defense of such action. In such event, the
Indemnifying Part has sole authority to defend any such action,
including the selection of legal counsel, and the Indemnifed Party
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifing Part does not
accept the defense of the action, the Indemnified Part has the
right to employ counsel for such defense at the expnse of the
Indemnifying Part. Each Part agres to coperate with the
other Part in the defense of any such action and the relevant
records of each Part wil be available to the other Part with
respect to any such defense.
C. In no event wil the Indemnifying Part settle or consent to
any judgment for relief other than monetary damages pertining
to any such action without the prior written consent of the
Indemnified Part. In the event that the Indemnified Part
withholds consent, the Indemnified Part may, at its cot, 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 cot or
liability in excess of such refused compromise or settement.
14. Limited Warranties.
14.1 Each Party wil provide suitably qualifed personnel to perform 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. OWEST SPECIFICALLY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
15. Relationship. Except to the limited extent expressly
provided in this Agreement, neither Part has the authority to bind the
other by contract or otherwse or make any representations or
guarantees on behalf of the other or otherwise act on the othets
behalf. The relationship arising from this Agreement does not
constitute an agency, joint venture, partnership, employee relationship
or franchise. Qwest is acting as an independent contractor and wil
have exclusive control of the manner and means of performing its
obligations. Notwthstanding anything herein to the contrary, Qwest
reserves the right, in its sole discretion, to modif or change the name
of the Servces.
16. Assignment.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior written consent of Qwest, which
consent wil 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 Owest)
and approval by Qwest of CLEC's proposed assignee, CLEC may
assign this Agreement without prior written consent of Owest to any
Affliate, successor through merger, or acquirer of substantially all of its
assets; and Owest may assign this Agreement without prior wrtten
consent to any Affliate, successor through merger, or acquirer of
substantially all of its business assets; provided that in all cases the
assignee of CLEC or Owest, as applicable, acknowledge in writing its
assumption of the obligations of the assignor hereunder. Any
attempted assignment in violation hereof is of no force or effect and is .
void. Without limiting the generality of the foregoing, this Agreement
will be binding as to the Parties' respective successrs and assigns.
16.2 In the event that Owest transfers to any unaffliated part
exchanges, including End User Customers that CLEC serves in whole
or in part through Service provided by Owest under this Agreement,
Owest will ensure that the transferee serves as a successor to and
fully perfrms all of Qwets responsibilties and obligations under this
Agreement for a period of ninety (90) Days frm the effective 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
reponsibilities either as a condition of the transfer or under such other
state statutory authority as may give it such power. In the event of
such a proposed transfer, Owest will use its best effort to facilitate
discussions between CLEC and the transferee with respect to the
trnsferee's assumption of Owests obligations after the transition
period set forth above in accordance 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 conneion 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
reuirements, 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 wil, 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 expresly permitted by, or required to achieve the purposes of, this
Agreement) the Confidential Information of the other Part. Consent
may only be given on behalf of a Part by its Legal Department.
Howver, a Part may disclose Confidential Information if required to
do so by a govemmental 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 written notice and the receiving Part wil
cooperate with the disclosing Part to seek or take appropriate
protective measures and wil make such disclosure in a manner to best
protect the Confidential Information from further disclosure.
Notwthstanding the foregoing, if reporting or filing obligations or
reuirements are imposed upon Owest by any third part or regulatory
agency in connection with this Agreement, CLEC agrees to assist
Owest 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 wil not constitute a violation of this section. Each Part
wil use reasonable effort to protect the othets Confidential
Information, and wil 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 Party who receives Confidential Information via an
oral communication may request written confirmation that the material
is Confidential Information. A Party who delivers Confidential
Information via an oral communication may reuest written
confirmation that the Part receiving the information understands that
the material is Confidential Information. Each Part has the right to
corrct an inadvertent failure to identify information as Confidential
Information by giving written notification within thirt (30) Days after the .November 12, 2010/mms/Ernest Communications, Inc.Owest OLSpTM MSA - (v10-15-10) Page 6 of 11
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(MT=CDS-101112-0037); (ND=CDS-101112-0038); (NE=CDS-101112-0039); (NM=CDS-101112-0040); (OR=CDS-101112-0041);
(UT=CDS-101112-0042); (WA=CDS-101112-Q043); (W=CDS-101112-004)
. DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
. information is disclosed. The receiving Part will from that time
forward, treat such information as Confidential Information.
19.3 Upon request by the disclosing Part, the receiving Part wil
return all tangible copies of Confidential Information, whether wrtten,
graphic or otherwse, except that the receiving Party may retain one
copy for archival purposes.
19.4 Each Part wil keep all of the other Part's Confidential
Information confidential and wil disclose it on a need to know basis
only. Each Part wil use the other Parts Confidential Information
only in connection with this Agreement and in accrdance with
Applicable Law. Neither Part will use the other Parts Confidential
Information for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in wrting. If
either Part loses, or makes an unauthorized disclosure of, the other
Part's Confidential Information, it wil notify such other Party
immediately and use reasonable effort to retrieve the information.
19.5 Effective Date of this Section. Notwthstanding any other
provision of this Agreement, the Confidential Information provisions of
this Agreement apply to all information fumished by either Part to the
other in furtherance of the purpse of this Agreement, even if fumished
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 wil be construed as a waiver of such right or a waiver of
any other provision hereunder.
21. Reaulatory Approval. Each Part reserves its rights with
respect to whether this Agreent is subject to Sections 251 and 252
of the Act. In the event the FCC, a state commission or any other
govemmental authority or agency rejects or modifies any material
provision in this Agreement, whether by direct acton or by virtue of
generic procedings, 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 Service 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 affected customers
within five (5) business days of such notice. If a Part is required by a
lawful, binding order to file this Agreement or a provision thereof with
the FCC or state regulatory authorities for approval or regulatory
review, the filing Part shall provide wrtten 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 from such order. In addition, the filing
Part agrees to reasonably cooperate to amend and make
modifcations 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 notices required by or conceming this
Agreement will be in writing and will be suffciently given if delivered
personally, delivered by prepaid ovemight express service, sent by
facsimile with electronic confirmation, or sent by certifed mail, return
receipt requested, or by email where specified in this Agreement to
Qwest and CLEC at the addresss shown on the cover sheet of this
Agreement. Notwthstanding anything herein to the contrary, Qwest
may provide notice via email or by posting to Qwests website without
duplicate wrtten notifcation for: (v) marketing notices; (w) notices
provided under Secton 8; (x) rate change notices; or (y) notices
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, insurrctions,
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). Inabilit to secure product or servicesof other Persons or transporttion facilities or act or omissions of
transportation carrers shall be considered Force Majeure Events to
the extent any delay or failure in performance caused by these
circumstances is beyond the Parts control and without that Parts
fault or negligence. The Part affected 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 strike the Partes
agree to provide Service to each other at a level equivalent to the level
they provide themselves.
24. Governina Law. Colorado state law, without regard to
choice-of-law principles, govems all matters arising out of, or relating
to, this Agrement.
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
Part of any dispute not resolved in the normal course of business.
Each Part wil, 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 resove the dispute. The Parties intend
that these negotiations be conducted by non-lawer, business
representatives, and the locations, format, frequency, duration, and
conclusions of these discussions will be at the discretion of the
representatives. By mutual agreement, the representatives may use
other procedures to assist in these negotiations. The discussions and
corrspondence among the representatives for the purposes of these
negotiations will be treated as Confidential Information developed for
purpses of settement, and will be exempt from discovery and
production, and are not admissible in any subsequent procedings
without the concurrnce of boh Parties.
25.2 If the designated representatives have not reached a
resolution of the dispute wihin fifteen (15) Days after the wrtten notice
(or such longer period as agreed to in wrting 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
subjec 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 court have personal jurisdiction over them.
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(MT=CDS-1 01112-0037); (ND=CDS-1 01112-0038); (NE=CDS-1 01112-D039); (NM=CDS-1 01112-000); (OR=CDS-1 01112-0041 );
(UT=CDS-101112-0042); (WA=CDS-101112-0043); (W=CDS-101112-004)
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
25.3 Waiver of Jurv Trial and Class Action. 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 action
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
25.4 No cause of action regardless of the form of action, arising
out of, or relating to this Agreement, may be brought by either Part
more than two (2) years after the cause of action arises.
26. Headinas. The headings used in this Agreement are for
convenience only and do not in any way limit or otherwse affect 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 benefis 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 agrement 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 Part Beneficiaries. The terms, representations,
warrnties and agreements of the Partes set forth in this Agreeent
are not intended for, nor wil they be for the benefi of or enforceble
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, carr and maintain the
insurance coverage listed below with insurers having a "Best's" rating
of B+XII with respect to liabilty arising from its operations for which
that Part has assumed legal responsibilty in this Agreement. If a
Part or its parent company has assets equal to or exceeding
$10,000,000,000, that Part may utilze an Affliate captive insurance
company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Party is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Section, to the extent its affliated Part
fails to meet such obligations.
29.1 Workers' Compensation with statutory limits as required in
the state of operation and Employers' Liabilty insurance with limit of
not less than $100,000 each accident.
29.2 Commerial 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 "Ali 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'.
certfie(s) of insurance evidencing coverage, and thereafter shall
provide such certifcate(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
contributory with, any other valid and collectible insurance
purchased by such Part; and
C. acknowledge severability of interest/cross liabilty coverage.
30. Communications Assistance Law Enforcement Act of
1994. Each Part represents and warrnts that any equipment,
facilties or Service provided to the other Part under this Agreement
comply with the CALEA. Each Part wil indemnify and hold the other
Part harmless from any and all penalties imposed upon the other
Part for such noncompliance and wil at the non-compliant Part's
sole cost and expense, modify or replace any equipment, faciliies or
Servces provided to the other Part under this Agreement to ensure
that such equipment, facilities and Services fully comply with CALEA.
31. Entire Agrement. 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 betwen the Parties, written or oral, including but not limited to,
any term sheet or memorandum of understanding entered into by the
Parties, to the extent they relate in any way to the subject of this
Agreement. Notwthstanding the foregoing, certain elements used in
combination with the Service provided under this Agreement are
prvided by Qwest to CLEC under the terms and conditions of its
intercnnecion agreeent, and nothing contained herein is intended
by the Parties to amend, alter, or otherwise modify those terms and
conditions..
32. Proof of Authorization.
32.1 Each Part shall be responsible for obtaining and
maintaining Proof of Authorization (POA), as required by applicable
federal and state law, as amended from time to time.
32.2 Each Part will make POAs available toJheother Part upon
request. In the event of an allegation of an unauthorized change or
unauthorized service in accrdance with Applicable Law, the Part
charged wih the alleged infraction shall be responsible for resolving
such claim, and it shall indemnif and hold harmless the other Part for
any losss, damages, penalties, or other claims in connection with the
alleged unauthorized change or service.
33. General Terms.
33.1 Qwest will provide general repair and maintenance services
on its facilties, including those facilties supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Qwest.
33.2 In order to maintain and modemize the netwrk properly,
Qwet may make necessary modifications and changes to its network
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Network maintenance and modemization
actvities wil result in transmission parameters that are within
transmission limits of the Service ordered by CLEC. Qwest wil provide
advance notice of changes that afect network Interoperabilty pursuant
to applicable FCC rules..November 12, 2010/mms/Emest Communications, Inc.Qwest QLSpTM MSA - (v1D-15-10) Page 8 of 11
(AZ=CDS-101112-0032); (CO=CDS-101112-0033); (IA=CDS-101112-o034); (ID=CDS-101112-o035); (MN=CDS-101112-0036);
(MT=CDS-101112-o037); (ND=CDS-101112-0038); (NE=CDS-101112-o039); (NM=CDS-101112-0040); (OR=CDS-101112-0041);
(UT=CDS-101112-0042); (WA=CDS-101112-0043); (W=CDS-101112-004)
. PocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
.33.3 Network Securitv.Applicable Law.
B. Each Party is responsible to provide security and privacy of
communications. This entails protecting the confidential nature of
Telecomunications 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 converstions, 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 Owest-owned,
operated or leased facilities are identified to CLEC by Qwest to be
asbestos containing, CLEC wil ensure that to the extent any
activities which it undertkes in the facilty disturb such suspect
materials, such CLEC activities will be in accordance with
Applicable Law, including without limitation, applicable local, stae
and federal environmental and health and safety statutes and
regulations. Except for abatement activities undertaken by CLEC
or equipment placement activities that result in the generation of
asbestos-entaining material, CLEC does not have any
responsibility for managing, nor is it the owner of, nor does it have
any liabilty for, or in connection with, any asbestos-containing
material. Qwest agrees to immediately notify CLEC if Qwest
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.
A. Protection of Service and Propert. Each Part will exercise
the same degree of care to prevent hann 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.
C. The Parties' networks 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 network is a violation of federal
statutes with severe penalties, especially in times of national
emergency or state of war. The Parties are responsible for their
employees with respect to such security requirements and
penalties..D. Qwest shall not be liable for any losses, damages or other
claims, including, but not limited to, uncollecble or un bilable
revenues, resulting from accidental, errneous, malicious,
fraudulent or otherwse unauthorized use of Services or facilities
('Unauthorized Use"), whether or not such Unauthorized Usecould 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 activity.
33.4. Construction. Qwest wil provide necessary construction
only to the extent required by Applicable Law.
33.5. Individual Case Basis Requests. CLEC may reuest
additional Services not specified in this Agreement and Owest wil
consider such requests on an Individual Case Basis.
33.6. Responsibilty For Environmental Contamination.
A. Neither Part shall be liable to the other for any costs
whatsever resulting from the presence or release of any
Environmentl Hazard that either Part did not introduce to the
affected work location. Each Part shall defend and hold
hannles the other Part and its respective offcers, directors and
employees from and against any losses, damages, claims,
demands, suits, liabilities, fines, penalties and expenses
(including reasonable attomeys' fees) that arise out of or result
from:
1. any Environmental Hazrd that the Indemnifing Part,
its contractors or agents introduce to the work locations; or.2. the presence or release of any Environmental Hazard
for which the Indemnifying Part is responsible under
November 12, 2010/mmslErnest Communications, Inc.QwestQLSpm MSA-(v1Q-15-10) Page90f11
(AZ=CDS-101112-0032); (CO=CDS-101112-Q033); (IA=CDS-101112-Q034); (ID=CDS-101112-0035); (MN=CDS-101112-Q036);
(MT=CDS-101112-Q037); (ND=CDS-101112-Q038); (NE=CDS-101112-Q039); (NM=CDS-101112-0040); (OR=CDS-101112-Q041);
(UT=CDS-101112-0042); (WA=CDS-101112-Q043); (W=CDS-101112-Q044)
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
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 Network" or "AIN" is a Telecommunications netwrk
architecture in which call processing, call routing and netwrk management
are provided by means of centralized databases.
"Affliate" means a Person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the term 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 percnt.
"Automatic Location Identification" or "ALI" is the automatic display at the
Public Safety Answering Point of the caller's telephone number, the
address/location of the telephone and supplementary emergency services
information for Enhanced 911 (E911).
"Applicable Law" means all laws, statutes, common law including, but not
limited to, the Act, the regulations, rules, and final orders of the FCC, a
state regulatory authority, and any final orders and decisions of a court of
competent jurisdiction reviewing the regulations, rules, or orders of the
FCC or a state regulatory authority.
"Bil Date" means the date on which a Biling period ends, as identified on
the bilL.
"Billng" involves the provision of appropriate usage data by one
Telecommunications Carrer to another to facilitate Customer Biling with
attendant acknowledgments and status reports. It also involves the
exchange of information between Telecommunications Carriers to process
claims and adjustments.
"Carrer" or "Common Carrer" See Telecommunications Carrier.
"Central Ofce" means a building or a space within a building where
transmission facilties or circuit 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 Carrers 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
confidential, proprietary, or trade secret information of the disclosing Part;
and/or (b) is of such a nature that the receiving Part should reasonably
understand that the disclosing Part desires to protect such information
against unrestricted disclosure. Confidential Information will not include
information that is in the public domain through no breach of this
Agreement by the receiving Party or is already known or is independently
developed by the receiving Part.
"Customer" means the Persn purchasing a Telecommunications Service
or an information service or both from a Carrer.
"Day" means calendar days unless otherwse specified.
"Demarcation Point" is defined as the point at which the LEC ceases to
own or control Customer Premises wiring including without limitation inside
wiring.
"Directory Assistance Database" contains only those published and no.
listed telephone number listings obtained by Qwest from its own End Us
Customers and other Telecommunications Carrers.
"Directory Asistance Service" includes, but is not limited to, making
available to callers, upon request, information contained in the Directory
Assistance Database. Directory Assistance Service includes, where
available, the option to complete the call at the caller's direction.
"Due Date" means the specific date on which the requested Service is to
be available to the CLEC or to CLEC's End User Customer, as applicable.
"End User Customer" means a third part retail Customer that subscribes
to a Telecommunications Service provided by either of the Parties or by
another Carrer or by tw (2) or more Carrers.
"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 limittion, the Comprehensive Environmental Response
Compensation and Liabilty Act, Superfund Amendment and
Reauthorization Act, Resurce Conservation Recovery Act, the
Occupational Safety and Health Act and provisions with similar purposes in
applicable foreign, stae and locl 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 Carrer" or "IXC. means a Carrer that provides InterLTA
or IntraLATA Toll servce.
"Line Information Database" or "L1DB" stores various telephone ii.
numbers and Special Billng Number (SBN) data used by operator servic .
systems to process and bil Altemately Billed Services (ABS) calls. The
operator servces system accsses L1DB data to provide originating line
(callng number), Billng number and terminating line (called number)information. L1DB is used for callng card validation, fraud prevention,
Biling or service restrictions and the sub-accunt information to be
included on the call's Biling record. Telcordia's GR-446-CORE defines the
interface between the administration system and L1DB including specific
mesge formats (Telcordia's TR-NWP-000029, Section 10).
"Line Side" refers to End Ofce Switch connections that have been
programmed to treat the circuit as a local line connected to a terminating
station (e.g., an End User Customer's telephone station set, a PBX,
answering machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carrer" or "LEC" means any Carrer that is engaged in
the provision of Telephone Exchange Service or Exchange Access. Such
term does not include a Carrer insofar as such Carrer is engaged in the
provision of Commercial Mobile Radio Service under Section 332(c) of the
Act, except to the extent that the FCC finds that such service should be
included in the definition of such term.
"Loop" or "Unbundled Loop" is defined as a transmission facilty between a
distrbuton frame (or its equivalent) in a Qwest central Ofce and the Loop
Demarction Point at an End User Customer's Premises
"Local Service Request" or "LSR" means the industry standard forms and
supporting documentation used for ordering local services..November 12, 2010/mmslEmest Communications, Inc.Qwest QLSpTM MSA - (v10-15-10) Page 10 of 11
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(MT=CDS-101112-0037); (ND=CDS-101112-Q038); (NE=CDS-101112-0039); (NM=CDS-101112-0040); (OR=CDS-101112-Q041);
(UT=CDS-101112-0042); (WA=CDS-101112-0043); (W=CDS-101112-0044)
.
'" DocùSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
.sceiianeous Charges" mean charges that Qwest may assess in addition
recurrng and nonrecurrng rates set forth in the Rate Sheet, for activities
CLEC requests Owest to perform, activities CLEC authorizes, or charges
that. .are a result of CLEC's actions, such as cancellation charges,
~dditional .Iabor and, mainten~nce. Miscellaneous Charges are not already
included in Owests recumng or nonrecurrng rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Netwrk Element" is a facilit or equipment used in the provision of
Telecommunications Service or an information service or both. It also
includes features, functions, and capabilties that are provided by means of
such facilty or equipment, including subscriber numbers databases
signaling systems, and information suffcient for Billing and' collection o~
used in the transmission, routing, or other provision of a
Telecommunications Service or an information service or both, as is more
fully described in this Agreement.
"Operational Support Systems" or "OSS" mean pre-ordering, Provisioning,
maintenance, repair and billng systems.
"Order Form" means service order request forms issued by Qwest asamended from time to time. '
"Persn" is a general term meaning an individual or association,
corporation, firm, joint-stock company, organization, partnership, trust or
any other form or kind of entit.
"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 Customets netwrk address.
.remises" refers to Owest's Centrl Offce and Serving Wire Centers' all
buildings or similar structures owned, leased, or otherwise controlled by
Qwest that house its network facilties; all structures that house Qwest
facilties on public rights-of-way, including but not limited to vaults
containing Loop concentrators or similar structures; and all land owned,
leased, or otherwise controlled by Qwest that is adjacent to these Central
Ofces, Wire Centers, buildings and structures.
"Proof of Authorization" or "POA" shall consist of verificaion of the End
User Customets selection and authorization adequate to document the
End User Customets selection of its local service provider and may take
the form of a third part verification format.
"Provisioning" involves the exchange of information betwen
Telecommunications carrers where one executes a request for a set of
products and services from the other with attendant acknowledgments and
staus report.
"Public Switched Netwrk" includes all Switches and transmission facilties,
whether by wire or radio, provided by any Common Carrer including LECs
IXCs and CMRS providers that use the North American Numberng Plan i~
connection with the provision of switched services.
"Serving Wire cantet' denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a particular
Customer Premise.
Access Tandem Switches), and between Tandem Switches within the
Local Callng Area, as described more fully in this Agrement.
"Switch" means a switching device employed by a carrier within the Public
Switched Network. Switch includes but is not limited to End Ofce
Switches, Tandem Switches, Accss Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End OffcefTandem Switches.
"Switched Accss Traffc," as specifically defined in Qwests interstate
Switched Accss Tariff, is traffc that originates at one of the Parts 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 trffc transits the other Part's netwrk.
"Taritr as used throughout this Agreement refers to Qwest interstate
Tariff and state Tariff, price lists, and price schedules.
"Telecommunications Carret' means any provider of Telecmmunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Secton 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 Services, except that the FCC shall determine
whether the provision of fixed and mobile satellte servce shall be treated
as common carrage.
''Telecommunications Services" means the offering of telecmmunications
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 Serice" means a Service within a telephone
exchange, or within a connected system of telephone exchanges within the
same exchange area operated to fumish to End User Customers
intercommunicating Servce of the character ordinarily fumished by a single
exchange, and which is covered by the exchange Service charge, or
comparable Servce provided through a system of Switches, transmission
equipment or other facilties (or combinations thereof) by which a
subscriber can originate and terminate a Telecmmunications Service.
"Trunk Side" refers to Switch connections that have ben programmed to
treat the circuit as connected to another switching entity.
"Wire Centet' denotes a building or space within a building that serves as
an aggregation point on a given Carrets netwrk, where transmission
facilties are connected or switched. Wire Center can also denote a
building where one or more cantral Offces, used for the provision of basic
exchange Telecommunications Service and accss Service, are locted.
Terms not otherwise defined here but defined in the Act and the orders and
the rules implementing the Act or elsewhere in this Agreemen, 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 interoffic transmission facilties
sh~red by more than one Carrer, including Qwest, between End Offce
Switches, between End Ofce Switches and Tandem Switches (local and
eovember 12, 2010/mmsJEmest Communications, Inc.westQLSpTM MSA-(v10-15-10) Page 11 of11
(AZ=CDS-101112-Q032); (CO=CDS-101112-0033); (IA=CDS-101112-Q034); (ID=CDS-101112-Q035); (MN=CDS-101112-Q036);
(MT=CDS-1 01112-Q037); (ND=CDS-101112-oo38); (NE=CDS-1 01112-0039); (NM=CDS-1 01112-0040); (OR=CDS-1 01112-0041 );
(UT=CDS-101112-0042); (WA=CDS-101112-Q043); (W=CDS-101112-0044)
"
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
~
.1.
.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
Qwest will provide Qwest Local Services Platfrm~
("QLS~) Services accrding to the terms and conditionsset forth in the QLSP Agrement between the Parties (the
"Agreement) and in this Attchment 2 to the Agreement,
which is incorporated into and made a part of the Agreement
(this "Attchment). Except as otherwise set forth in this
Attchent, capitalized terms used but not otherwse
defined herein have the definitions assigned to them in the
Agrement. CLEC may use QLSP Services to provide any
Telecommunications Services, information service (or both)
that CLEC chooes to offer to the extent that such service
are granted herein or not limited hereby.
1.2.1 Pursuant to the orer 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 Qwest Corpration for
Forbearance Pursuant to 47 U.S.C. § 160(c) in the Omaha
Metropolitan Statistical Are, FCC 05-170, WC Docet No.
04-223, (effctive September 16, 2005), Qwst will provide
to CLEC the Loop element of QLSP Services purchased in
the followng nine Omaha Nebraska Wire Centers under the
terms and conditions of the Agreement and this Attchment
at Rates proided in the Rate Sheet: Omaha Douglas;
Omaha Izard Street; Omaha 90th Stret; Omaha Fort Street;
Omaha Fower Street; Omaha 0 Stret; Omaha 78th Stret;
Omaha 135th Stre; and Omaha 156th Street.
1.2.2 The following QLSP Service types will be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(including Centrex 21); Centrex Plus; Centrn 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 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Advance
Intellgent Netwrk ("AIN") Services, e.g., remote accs
forwarding, and Qwest Voice Messaging Services ("VMS")
may also be purchased with compatible QLSP Services.
These Netwrk Elements wil be provided in compliance with
all Telcordia and other industry standards and technical and
performance specifications to allow CLEC to combine the
QLSP Service with a compatible. voicemail product and
stutter dial tone. Qwest will provide access to 911
emergency service and direcory listings in accrdance with
the terms and conditions of CLEC's intercnnecion
agreements ("ICAs"), excpt that the busines end user rate
in the applicable tariff applies to all end user premium and
privacy direry listings (with the exception of residential
additional listings, i.e., USOC RL T) when services are
provisioned to CLEC under this Agreement whether CLEC's
end user is a residential end user or a business end user.
As part of the QLSP Service, Qwest combines the Netwrk
Elements that make up QLSP Service with analog/digital
capable Loops, with such Loops (including services such as
line spliting) being provided in accordance wit the rates,
terms and conditions of the CLEC's ICAs. CLEC may also
purchase Qwst Commercial High Speed Intemet (HSI)
Servce (also know as Qwest Digital Subscriber Line4
(DSL)), under a separate Services agrement, to be used
with compatible QLSP Service.
1.2.3 QLSP PBX Analog 2-Way DID Trunks will be
combined wih 4 wire loops.
1.3 Local Switching. The Local Switching Netwrk Element
("Locl Switching") is collecively the Line Side and TrunkSide facilties in the local servng Qwst end offce Swtch
which provides the basic switching function, the po, plus
the features, functons, and capabilities of the switch
including all compatible, available, and loaded vertcal
features (e.g., anonymous call rejection) that are loaded in
that switch. Vertcal features are softare attributes on end
offce Swiches and are listed on the Qwest whlesale
website. Qwest signaling is provided with Local Switching
solely as described in Section 1.4.2 ofthis Attchment. The
following Local Switching port are available wi QLSP
Servce: Analog Line Port, Digital Line Port Supporting
Basic Rate Interfntegrated Servces Digital Netw
("BRI ISDN"), and Analog Trunk Port.
1.3.1 Analog Line Port Line Port attbutes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detection; audible and power ringing;
Automatic Message Accunting (AMA Recording); and
blockng options.1.1.2 QLSP Serice is available in six diferent service
arrangements, each of which is described more fully below:
QLSP Residential; QLSP Busines; QLSPCentrex
(including Centrex 21, Centrex Plus and, in Minnesota only,Centron); QLSP ISDN BRI; QLSP Public Accss Lines
("PAL"); QLSP PBX Analog DID and non-DID (one way andtwo way) trunks.
1.3.2 Digital Line Port Supporting BRlISDN. BRI ISDN
is a digital architecure that provides integrated voice and
data capabilty (2 wire). A BRI ISDN Port is a Digital 28+D
(2 Bearer Channels for voice or data and 1 Delt Channel forsignaling and D Channel Packet) Line Side Switch
connecton wih BRI ISDN voice and data basic element.
For flexibilty and customization, optional features can be
added. BRI ISDN Port doe not offer B Channel Packet
service capabilities. The serving arrngement conforms to
the intemationally developed, published, and regnized
standards generaed by Intemational Telegraph and
Telephone Union (former1y CCITI).
1.1.3 Nothing in this Attchment or the Agrement
precludes Qwest frm withdrawing availabilty of
comparable, functionally equivalent services frm it retail
end user customers. In the event of such withdrawal or
discontinuation, Qwest may also withdraw availabilty of the
equivalent QLSP Service,
1.2 Combination of QLSP Service with Loops. Except as
describe below, the Loop will be provided by Qwet under
the applicable ICAs in effect between Qwest and CLEC at
the time the order is placed. As part of the QLSP Servce,
Qwest will. combine the Local Switching and Shared
Transport Netwrk Elements with the Loop.
1.3.3.1 Analog trnk Port proide a 2-Way
Analog Trunk with DID, E&M Signaling and 2.Wire or
4-Wire connections. This Trunk Side connecton
inherently includes hunting within the trnk grop.
1.3.3 Analog Trunk Port. DSO analog trnk Port can be
configured as DID, DOD, and twway.
.. ovember 12, 2010/mmslErnest Communications, Inc.
Ätchment 2 - QLS~ - (v8-2Q-10)
(AZ=CDS-101112-o032); (CO=CDS-101112-o033); (IA=CDS-101112-o034); (ID=CDS-101112-o035); (MN=CDS-101112-0036);
(MT=CDS-101112-o037); (ND=CDS-101112-o038); (NE=CDS-101112-o039); (NM=CDS-101112-00); (OR=CDS-101112-o041);
(UT=CDS-101112-o042); (WA=CDS-101112-0043); (W=CDS-101112-o04)
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86 ..
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
1.3.3.2 All trnks are designed as 4.Wire leaving
the Central Offce. For 2-Wire service, the trnks are
converted at the End User Customer's location.
record; and calling card, biled to third number, and collect
call information used in processing A1temately Biled
Services (ASS).
.
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 purpse.
When the trunk is equipped with DID call trnsfer
feature, both the trunk and telephone instruments
must be equipped with DTMF.
1.4.5 The ICNAM database is used with certin end
offce Switch features to provide the callng parts name to
CLEC's End User Customer with the applicable feature
capabilty. The ICNAM database contains current listed
name data by working telephone number served or
administere by Qwest, including listed name data provided
by other Telecommunications Carrers participating in
Qwests callng name delivery service arrangement.1.3.3.4 Two-way analog DID trunks require E&M
signaling. Qwest wil 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 special assembly request on an
Individual Case Basis.
1.4.6 Qwest will provide the listed name of the callng
part that relates to the calling telephone number (when the
information is actally available in Qwests database and the
delivery is not biocked or otherwse limited by the callng
part or other appropriate request).
1.3.4 Usage. Local Swching Usage is biled on a
Minute of Use ("MOU" basis as descrbed within this
Attchment. Rates for "Locl Switch Usage" or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
1,4.7 For CLEC's QLSP End User Customers, Owest
will load and update CLEC's QLSP End User Customers'
name information into the L1DB and ICNAM databases frm
CLEC's completed servce orders. CLEC is responsible for
the accuracy of its End User Customers' information.1.4 Vertical Features and Ancilary Functions and Services.
1.4.1 QLSP Service includes nondiscriminatory access to
all vertical features that are loaded in the Local serving
Qwest end offce switch.
1.4.8 Qwest wil exercise reasonable efort to provide
accurate and complete L1DB and ICNAM information. The
information is provided on an as-is basis with all faults.
Qwst doe not warrnt or guarantee the corress or the
copletnes of such information; however, Owest will
accs the same database for CLEC's QLSP End User
Customers as Owst accesses for its own End User
Custmers. Owst will not be liable for system outage or .
inaccibilty or for loses arising frm the authorized use of
the data by CLEC.
1.4.2 Local Switching includes use of Qwts signaling
netwrk (ISUP call set-up) solely for Local Traffc. "Locl
Traffc" and "Local Calls" means calls that originate and
terminate within the Local Callng Area as defined in the
Owest tariff. Qwest will provide service contrl pont in the
same- manner, and via the same signaling links, as Qwst
uses such servce contrl points and signaling links to
provide servce to its End User Customers served by that
switch. Owests call related databases include the Line
Information Database (L1DB), Intemetwrk Callng Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portbilty Datbase. CLEC
will not have accs to Qwest's AIN-bsed 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 intra local
accss and transport area ("LATA") or interLTA calls that
originate and terminate outside of the Local Callng Ara as
defined in the Owest tariff. For all Toll Traffc originated by
or terminated to CLEC's QLSP End User Customer, Qwest
may bil applicable tariff charges, including SS7 message
charges (ISDN User Part (ISUP) and Transacton
Capabilties Application Part (TCAP)), to the Interexchange
Carrer (IXC) or other wholesale SS7 provider.
1.4,9 Qwest 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 wil have non-
discriminatory accss to Qwests L1DB database and ICNAM
database as part of the delivery of QLSP Service.
1.5.1 Shared Transport. The Share Transport
Netwrk Element ("Shared Transport") provides the
collecive interoce transmission facilities shared by various
Carrers (including Owst) between end-offce switches and
between end-offce switches and local tandem switches
within the Locl Callng Ara. Shared Transport uses the
existing routing tables resident in Qwst switches to carr
the End User Customer's originating and tenninating
local/extended area service interoffce Local traffc on the
Qwest interoffce message trunk netwrk. CLEC traffc will
be carred on the same transmission facilities betwen end-
offce switches, between end-offce switches and tandem
switches and betwen tandem switches on the same
netwrk facilities that Qwest uses for it own trffc. Shared
Transport does not include use of tandem swiches or
transport betwn tandem switches and end-offce switches
for Local Calls that originate from end users served by non.
Qwst Telecmmunications Carrers ("Carrer(s)" which
terminate to QLSP End Users.
1.4.4 The L1DB database contains the followng data:
various telephone line numbers and speal biling number
(SBN) data; originating line (callng number); billng number
and terminating line (called number) information; callng card
validation; frud prevention; Biling or servce restrictons;
sub-accunt information to be included on the calls Biling
1.5.2 Originating Toll Calls frm, and terminating Toll
Calls to, QLSP End Users will be delivere to/fr the
designated IXCs frm the Qwest end-offce swiches and
accs tandems. Use of accss tandem switches are not
November 12, 2010/mmslEmest Communications, Inc.
Attchment 2 - QLSpt - (v8-2D-10)
(AZ=CDS-101112-0032); (CO=CDS-101112-o033); (IA=CDS-101112-o034); (ID=CDS-101112-o035); (MN=CDS-101112-o036);
(MT=CDS-1 01112-0037); (ND=CDS-1 01112-0038); (NE=CDS-101112-0039); (NM=CDS-1 01112-0040); (OR=CDS-1 01112-0041);
(UT=CDS-101112-0042); (WA=CD5-101112-o043); (w=CDS-101112-o044)
2 .
."
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
.QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
included in the Agreement or this Attchment and access
tandem charges, if any, may be biled by Qwest to the IXC(s)
under the applicable access tarif.
of an analog Lie 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 otherwise proided for in the
Agrement.1.5.3 IntraLATA and InterLATA Carrier Designation.
QLSP includes the capabilty for selecion of the interL TA
and intrLATA Toll provider(s) on a 2-Primary Interexchange
Carrier (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 accordance with all Applicable Laws, rules
and regulations. Qwest will not be liable for CLEC's
improper PIC change reuests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Qwest does not
authorie CLEC to offr, request, or select Qwest LPIC 5123
service to CLEC's End User Customers for intrLATA toll
service with any QLSP Servce in any state. In the event
CLEC assigns the Qwest LPIC 5123 to CLEC's End User
Customers, Qwest will bil CLEC and CLEC will pay Qwest
the rates contined 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 accrdance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trunk Port and Share Transport
proded under the Agreement with an Analog - 2 wire
voice grade Loop proded in accordance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.5.5 Usage. Share Transport is billed on a MOU
basis as described wihin this Attchment. Rates for
.Share Transport Usage" or .Shared Transport MOUs" are
provided in the QLSP Rate Sheet.
1.6.5.3 PBX with analog 2- way DID trunkS ar
combinations of a DID trunk Port and Shared Transport
proided 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 QLSP Servce Arangement Descriptions..1.6,1 QLSP Business is available to CLEC for CLEC's
business End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance wit CLEC's ICAs, except for those
Loops that are otherwse provided for in the Agrement.
1.6.6 QLSP Residential is available to CLEC for CLEC's
residental End User Customers and is the combination of an
analog Line Side Por and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accrdance with CLEC's ICAs, except as
otherwse provided for in the Agreement. QLSP Residential
may be ordere and provisioned only for residential End
User Customer application. The definiton of residential
service is the same as in Qwests retail tariff as applied to
Qwests End User Customers.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Servces
include Centrx 21, Centrex Plus and, in Minnesota only,
Centrn, and are the combination of an analog Line Side
Port and Shared Transport provided under the Agrement
with an analog - 2 wire voice grade Loop provided in
accrdance with CLEC's ICAs, except for those Loops that
are otherse provided for in the Agreement.
1.6.2.1 CLEC may reuest 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 receive QLSP
Residential. rates via the monthly Residential End User
Credit provided in the Rae Sheet, CLEC must identify
residential end users by working telephone number
(WN) utilizing the LSR proce as descrbe in theQwst wholesale website.
2.0 Additional Terms and Conditions and Service Features.
2.1 Qwest does not warrnt the availability of failities at any
serving wire ceter. QLSP Serices will not be available if
facilities are not available. Qwst represents and warrnts
that it will not otherwse restrict facilities eligible to provide
QLSP Service and that any and all facilties that would
otherwse be available for retail service to a Qwest End User
Customer will be considere eligible for use by CLEC for
QLSP Service to serve that same End User Custmer.
1.6.2.2 Qwest will provide access to Customer
Management System (CMS) with QLSP-Centrx at the
rates set forth in the Rate Sheet.
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 (supportng BRI ISDN), and Share Transport
provided under the Agreement with a Basic Rate ISDN-
capable Loop provided in accrdance with CLEC's ICAs,
except for those Loops that are otherwse provided for in the
Agreement.
2.2 Loop Start ("LPS") to Ground Start ("GST") and GST to
LST Changes ("LPS/GST Change") are available with
QLSP Servces. POTS Services (e.g., a QLSP Centrex 21
line) can functionally and oprationally be prvisioned as
either LPS or GST, Unless specifcally requested otherwise,
Qwest provisions POTS Services as LPS. GST is generally
1.6.4QLSP PAL is available to CLEC for only CLEC's
. Payphone Servce. Providers (PSPs) and is the combination
November 12, 2010/mmslErnest Communications, Inc.
, Attchment 2 - QLS~- (v8-2G-10)
(AZ=CD5-101112-G032); (CO=CDS-101112-G033); (IA=CDS-101112-G034); (ID=CDS-101112-G035); (MN=CDS-101112-O36);
(MT=CDS-101112-G037); (ND=CDS-101112-G038); (NE=CDS-101112-G039); (NM=CD5-101112-G040); (OR=CDS-101112-G041);
(UT=CDS-101112-0042); (WA=CDS-101112-G043); (W=CDS-101112-G044)
3
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
.:.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
provisioned for Private Branc Exchange ("PBX") ty
services. LPS/GST Changes allow the CLEC to request a
facilty served by LPS to be changed to GST or vice versa.
Additional information and ordering requirements are
detailed on the Qwest Wholesale website.
2.3
2.2.1 The Subsequent Order Charge provided in the
QLSP Rate Sheet and the Qwest retail Tariff nonrecurrng
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, will be added to service orders
reuesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwest will provide to CLEC
certin originating and terminating call records ("usage
information") generated by CLEC's QLSP end user via a
DUF.
.2.7 If Owest develops and deploys new local switch features for
its End User Customers, those swich features wil be
available with QLSP Service in the same areas and subject
to the same limitations. The rates that Qwest charges for
such new local switch features wil not in any case be higher
than the retail rate Qwest charges for such features.
2.3.1 Owest will provide to CLEC Local Call usage
information within Qwsts contrl with respect to calls
originated by or terminate to CLEC QLSP End User
Customers in the form of the actual information that is
comparable to the information Owest uses to bill its own End
User Customers.
2.3.2 Owest will provide to CLEC usage information
necessary for CLEC to bil for interLTA and intraLATA
exchange access to the IXC (excluding intraLATA usage
information if Owest LPIC 5123 is seleced as the intra LATA
Toll provider) in the form of eiter the actual usage or a
negotiated or approved surrgate for this information, as
such billng is describe and allowed under section 3.7 of
this Atchment. These exchange acc records will be
provided as Category 11 EMI records via the DUF.
2.3.3 Qwest will provide DUF records for the folowng:
all usage occurrnces bilable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrpt (BLI);originating local usage; usage sensitive CLASS features;
and Qwest-provided intraLATA toll.
2.3.4 Local Call usage record will be provided as
Category 01 or Category 10 EMI records via the DUF.
Terminating Local Call usage recrds are not collected or
available and will not be provided.
2.4 Feature and interLATA or intrLATA PiC changes or
additions for QLSP, will be processed concurrently with the
QLSP order as specified by CLEC.
2.8 Nothing in the Agreement alters or affect CLEC's right to
receive any applicable universal service subsidy or other
similar payments,
2.5 Accss to 9111E911 emergency Servces for CLEC's End
User Customers will be available in accrdance with CLEC's
ICAs. 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 UserCustomers and new QLSP Service End User Customers, to
the same degree and extent that 911/E911 emergency
services wee provided by Qwest prior to the elimination of
911/E911 emergency service as an obligation under 47
U.S.C. §251.
2.9 Qwest Operator Services and Directory Assistance Services
are provided under the terms and conditions of CLEC's
ICAs.
2.6 Qwest AIN and VMS are offered on a comercal basis and
may be purchased with QLSP at the rates set fort in the
attached Rate Sheet. Retail promotions may not be
combined with QLSP.
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 forth or incorporated by
reference into the attched QLSP Rate Sheets. Rates for
QLSP Service are in addition to the applicable rates for
elements and Service provided under CLEC's ICAs.
Applicable intercrrier compensation rates and charges
(such as accs charges, reciprocal compensation, and
other charges for elements and services) are applicable and
are provided under a separate Agreement or Tariff.
3.2 QLSP rates Effctive Date through Term. Starting on the
Effece Date of the Agrement, rates for the Servce will be
those prvided or referenced in the attched Rate Sheet.
The MRCs for the switch port will be adjusted annually, .'.
eff January 1 of each year through the term of the
Agrement. CLEC is eligible for and will receive discounts
on the Basic Plan switch port MRCs if it meets the volume
plans descrbed below. Discounts are not cumulative and
Qwst will apply the highest discount rate for which CLEC
qualifes. 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
preing 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 Ocober 31 of
each year equals or exceeds 115% of the sum of
CLEC's total QLSP lines as of October 31 of the
preding 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% discunt off of the
Residential Port MRCs applicable during the next
calendar year.
3.3 For purpses of counting CLEC's total QLSP lines in secion
3.2 as of October 31 of each year, Qwest will include all
QLSP lines, if any, frm the previous year. For eXàmple, to
determine 2011 QLSP rates, Qwest will use the total number .November 12, 2010/mmslEmest Communicaons, Inc.
Attchment 2 - QLS~ - (Vll2Q-10)
(AZ=CDS-101112-0032); (CO=CDS-101112-Q033); (IA=CDS-101112-Q034); (ID=CDS-101112-Q035); (MN=CDS-101112-Q036);
(MT=CDS-101112-Q037); (ND=CDS-101112-Q038); (NE=CDS-101112-Q039); (NM=CDS-101112-0040); (OR=CDS-101112-Q041);
(UT=CDS-101112-D2); (WA=CDS-101112-D3); (W=CDS-101112-Q044)
4
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
.
.3.7
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
3.4
of CLEC's QLSP lines as of October 31, 2009 compared to
CLEC's total number of QLSP lines as of October 31, 2010
in order to calculat CLEC's discount eligibilty on January 4,
2011. Each subsequent adjustment wil be effective on each
January 1 during the term of the Agreement.
Except as otherwse provided herein, the Loop element
combined with a QLSP Service will be provided in
accordance with CLEC's ICAs with Qwest at the rates set
forth in those ICAs.
including but not limited to flat rate trnsport charges, in
accordance with the applicable Tariff
3.8 Local Switching Usage and Shared Transport Minute of
Use (MOU) This secion descrbes the use of the Qwest
network for different call types originated by or terminated to
QLSP End Users. This section does not affect Qwests
rights to charge IXCs for signaling as described in Secion
1.4.2 of this Attchment.
3.5
3.4,1 Loops provided under the Agreement. Upon
thirt (30) Days notice via the standard commercial
notification proces, Qwest may change monthly recurrng
charges for the Omaha, Nebraska Loop elements provided
under the Agreement. Additionally, notwthstanding the
rates reflected in the Nebrask 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-3554PI-112 and CLEC's continued use of any Services in
Nebraska constitutes its acceptance of such updated rates.
CLEC will be responsible for billng its QLSP End User
Customers for all Miscellaneous Charges and surcharges
reuired of CLEC by statute, reulation or as otherwserequire.
3.8.2 Originating InterOffce Local Calls. This
originating Local Call reuires switching by the local servng
Qwst end offce and other interoffce switcing for Local
trffc. When this call type is originated by a QLSP end user,
Local Switch Usage per MOU and Share Transport per
MOU charges provided in the Rate Sheet will apply. For
these call tyes that also terminate to an end user served by
a non-Qwest Carrer, Qwest may pay that Carrer certain
terminating compensation charges under terms and
conditions of a separate ICA
3.8.1 Originating IntOffce Loeal Calls - This
originating Local cali reuires switching by the local serving
Qwest end offce Switch only. When this call tye is
originated by a QLSP End User, Local Switch Usage
charges provided in the QLSP Rate Sheet will apply. For
these call tyes that also terminate to an end user served by
a Carrer, Qwest may pay that Carrer certin terminating
compensation charges under ters and conditions of a
separate ICA.
3.6 CLEC will pay Qwest the PIC change charge associated with
CLEC End User Customer changes of interL TA or
intrLATA Carrers. Any change in CLEC's End User
Customers' interLTA or intraLATA Carrer must be
requested by CLEC on behalf of it End User Customer.
Interearrer Compensation. Except as speifcally
described in this Section, the Agreement does not change or
amend applicable intercarrer copensation arrngements
(including but not limited to Switched Accss, Signaling, orTransit charges) between any parties, including betwn
Qwest and carrers or IXCs.
3.8.3 Originating IXC Toll Calls. This originating Toll
cali requires swiching by the local serving Qwest end ofce.
If the QLSP End User's seleced IXC does not have direct
trnking to. the local servng Qwest end offce, ShareTransport is reuire to deliver that call to the Acc
Tandem for delivery to the IXC. When this call tye is
originated by a QLSP end user, Local Swich Usage
provided in the QLSP Rate Sheet applies. Additionally, if
Share Transport is necary to deliver the call to the
Acs Tandem, Shared Transport Usage charges provided
in the QLSP Rate Sheet will apply. For these call tys that
require. Shared Transport, Qwt 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 collec fr the IXC
usage based end offce and loop Switched Accss charges
(such as Switched Accss Local Switching, End Ofce
Shared Port, Tandem Transmission and Carrer Common
Line) for InterLTA or IntraLATA Toll Calls originating or
terminating fro that QLSP End User Customer's line to an
IXC.
3.8.4 Terinating IntrOfce and InterOce Local
Calls. This terminating Local Call requires switching by the
local servng Qwst end offce and in certain instanc 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 tyes that originate from an end
user served by a Carrer, Qwest retains it rights to bill that
Carrer certin Transit charges as describe in Secon 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 wel as L1DB,
ICNAM and 8XX) associated with interLTA and intrLATA
Toll Calls originated by or terminated to a QLSP End User
under the applicable Tari.
3.7.3 Transit. For any call originated by an end user
served by a Carrer that routes through Qwests netwrk and
which terminates to a QLSP End User, Qwst retains it
rights to bill the originating carrer Transit charges for that
call under the originating Carrer's Agreement.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
cali always reuire swtcing by the local serving Qwst
end offce. If the originating caller's IXC does not have direct
trunking to the QLSP end user's local serving Qwst end
offce switch, Share Transport is reuired to terminate the
call to the reiving QLSP end user. When this call ty is
teinated to a QLSP end user, Local Swich Usage
charges provided in the Rate Sheet will apply. Additionally,
if Share Transport is necsary to deliver the call to the
QLSP end user frm the acss tandem, Share Transport
3.7.4 Other. Qwest retains it rights to billXCs or other
Carrers, as applicable, any and all other accss charges
. and assessment not expressly addressed in this section,
November 12, 2010lmmslmest Communications, Inc.
Attchment 2 - QLS~ - (v8-20-10)
(AZ=CDS-101112-Q032); (CO=CDS-101112-Q033); (IA=CDS-101112-Q034); (ID=CDS-101112-Q035); (MN=CDS-101112-Q036);
(MT=CDS-101112-Q037); (ND=CDS-101112-Q038); (NE=CDS-101112-Q039); (NM=CD5-101112-oo40); (OR=CDS-101112-01);
(UT=CD5-101112-oo42); (WA=CDS-101112-Q043); (W=CDS-101112-Q04)
5
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
4.5
5.0
"
QWEST LOCAL SERVICES PLATFORMQl AGREEMENT
ATTACHMENT 2-QLSPQl Service Description
Usage charges provided in the Rate Sheet will apply. For
these call types that require Share Transport, Qwest retains
its rights to bill the IXC for Tandem elements under the
Tariff.
3.8.6 Originating Toll Calls when QC is the
IntraLATA Toll provider. See Section 1.5.4 above.
3.9 Qwest wil have a reasonable amount of time to implement
system or other changes necessary to bil CLEC for raes or
charges associated with QLSP Services
Qwest will bil CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Biling period, in an
agreed upon standard elecnic fonnat. Biling infonnation
will include a summary bil and individual End User
Customer sub-accunt infonnation. If CLEC needs
additional or different billng intonnation in order to properly
November 12, 2010/mmslEmest Communictions, Inc.
Attchment 2 - QLSpQ - (v8-20-10)
(AZ=CDS-101112-0032); (CO=CDS-101112-o033); (IA=CDS-101112-o034); (ID=CDS-101112-o035); (MN=CDS-101112-o036);
(MT=CDS-101112-0037); (ND=CDS-101112-0038); (NE=CDS-101112-o039); (NM=CDS-101112-0040); (OR=CDS-101112-o041);
(UT=CDS-101112-0042); (WA=CDS-101112-o043); (W=CDS-101112-004)
3.10 QLSP Services have a one-month minimum serce period
requirement for each CLEC End User Customer. The one.
month minimum servce period is the period of time that
CLEC is required to pay 100% of the MRC for the Servce
even if CLEC does not retain Service for the entire month.
QLSP Services are biled month to month and will after the
one month minimum service period is satisfied be pro-rated
for partal months based on the number of days Service was
provided.
3.11 The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing servce,
including changing a telephone number, initiating or
removing suspension of Service, denying or restorng
service, adding, removing or changing features, and oter
similar requests.
4.0 Systems and Interfces.
4.1 Qwest and CLEC wil support the use of current OSS
interface and OSS business rules for QLSP, including
electnic ordering and flow, as the same may evolve over
time.
4.2 QLSP Services are ordered utilizing the LSR process as
described in the Qwest wholesale website.
4.3 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.
4.4 When Qwet or another provider of choice, at the End User
Customets request, orders the discontinuance of the End
User Customets existing servce with CLEC, Qwest will
render its closing bil to CLEC effecive as of the
disconnection. Qwest wil notify CLEC by FAX, OSS
interface, or other agred upon processes when an End
User Customer moves to Qwest or another service provider.
Qwest will not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End
User Customer.
The Partes will provide each other with points of contact for
order entr, problem resolution, repair, and in the event
special attention is reuire on servce request.
.bil its End User or other Carriers (including Qwest), Qwest
will work with CLEC in good faith to deliver such infonnation.
6.0
6,1
Maintenance and Repair.
Qwest will maintain facilties and equipment that comprise
the QLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Qwest facilties or equipment, other than by
connecton or disconnection to any interface between Qwest
and the End User Customer, without the written consent of
Qwest.
6.2 Qwest wil provide general repair and maintenance Services
on its facilities, including those facilities supportng QLSP
Services purchased by CLEC. Qwst wil repair and restore
any equipment or any other maintainable component that
adversely impacts CLEC's use of QLSP Service. Qwest and
CLEC will cooperate with each other to implement
procedures and processes for handling service-affecting
events. There will be no charge for the Services provided
under this Section 6, except as set forth in the Rate Sheet.
7.0 Commercial Perfnnance Measures and Reporting,
Performance Targets and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
indicad on Signature Page).
Each Part will provide suitably qualified persnnel to
perfnn its obligations under the Agreement and all QLSPServces in a timely and effcient manner wit dilgence and
care, consistent with the professional standards of practice
in the industry, and in confonnance with Applicable Law. .
The QLSP Servce atributes and pross enhancement are
not subjec to the Change Management Process ("CMP").
CLEC proposed changes to QLSP Servce attributes and
proce enhancements will be communicated through the
standard account interfce. Change requests common to
share systems and processes subject to CMP will continue
to be addreed via the CMP procedures.
7.1
7.2 Qwest wil provide commercal perfnnance measurements
and reporting against estblished perfonnance targets with
QLSP Service. The following perfonnance measurements
will apply to QLSP Residential and QLSP Business: (a) Finn
Order Confinnations (FOCs) On Time; (b) Instllation
Commitments Met; (c) Order Installation Interval; (d) Out of
Service Cleared wihin 24 Hours; (e) Mean Time to Restore;
and (f)Trouble Rate.
7.3 Commercal measurement definitions, metodologies,
perfonnance targets and reportng reuirements are set forthin Attchment 3 to the Agreement. Qwest will provide CLEC
wih the raw data necessary to allow CLEC to disaggregate
result at the state level, Reporting of these perforance
measure will be applied for activty beginning the firs full
month of Servce after January 4, 2011.
7.4 CLEC will be entitled to service creits only for each
instance of a missed instllation commitment and each
instance of an out of seice condition that is not cleared
wihin 24 hours occrrng after January 4, 2011. All servce
credits will be applied automatically by Qwest as credit
against CLEC's bil for the biling period followng the one in
which the crdits were accrued. Creits for Services
provided under the Agreement wil be applied for activity
beginning the first full month after January 4, 2011. Any .6
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
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8.1
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
crdits or payments related to the Service provided prior to
the first full month following January 4, 2011 and in
accordance 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 Owest, through its own
fault, fails to meet, Qwest will provide a service credit
equal to 100% of the nonrecurring charge for thatinstallation. Owest will use the state installation
nonrecurrng charge contained in the Agreement for
that order type in calculating the credit. The definition
of a "missed installation commitmenl and the
associated exclusions are described in Attchment 3 to
the Agreement.
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Qwst, through its
ow fault, fails to resolve within 24 hours, Qwest will
provide a service credit equal to one day's recurrng
charge (monthly recurrng charge divided by 30) for
each day out of service beyond the first 24 hours. (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEC will be entitled to a creit equal to the
monthly recurrng charge divided by 30. If the out-of-
service condition existed for 48 to 71 hours, the credit
would equal tw times the monthly recurring charge
divided by 30).
8.0 Service Perfnnance Measures and Reporting and
Perfonnance Asurance Plan (PID/PAP) (for Washingtn
only, If Washington 8,0 Is selected by CLEC as indicated
on the Signature Page to the Agreement).
If seleced by CLEC under the terms and conditions of the
Agreement and this Attchment, Qwest wil, in Washington
only, provide perfrmance measurements, reportng, and
remedies copliant with the Washington Perfrmance
Indicaor Definitions ("PIDs") and the Qwest Washington
Perormance Assurance Plan ("PAP") for the Service, if
eligible, provided under the Agrement and this Attchment.
Only in the state of Washington, and only if. expressly
selected by CLEC under the terms and conditions of the
Agreement and this Attachment, does this PID and PAPreplace, in their entirety, the Commercal. Perfrmance
Measure and Reportng, Performance Targets and Service
Creits terms and conditions for Servces provided under the
Agreement and this Attchment outlined in Section 7.0 of
this Attachment.
8.4 Eligible QLSP Services will be included in the UNE-P PAP
results beginning the first full month following the Effecive
Date of the Agreement.
Notwthstanding the dispute resolution prvisions in the
Agrement, the Parties will resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution proces desbed in the PAP.
8.2 The PIDs and PAP for Washington in their currnt form are
posted in the Owest Wholesale PCAT, currntly called
Negotiations Template Agrement PCAT, under Exibit B
and Exibit K for Washingto, repectively. Those PIDs and
that PAP are incorprated by reference into, and made a
part of, this Atchment. Subsequent changes to the PIDs orPAP submitd to the WUTC will be incorporated into the
applicable exhibit as soon as they are effectve either by
operation of law or WUTC order, whichever occurs first and
without futher amendment to this Attchment.
8.5
8.3 To select the Servce Performance Measures and Reportng
and Perfrmance Asurance Plan (PIDIPAP) option, CLEC
must be a certfied CLEC under applicable state rules and
have eleced the PID and PAP under its Washingtn
intercnnection agreement with Qwst.
. November 12, 2010/mmslEmest Communications, Inc.
J Attchment2-QLS~-(v8-2o-10)
(AZ=CDS-1 01112-Q032); (CO=CDS-101112-Q033); (IA=CDS-101112-Q034); (ID=CDS-1 01112-0035); (MN=CDS-101112-O36);
(MT=CDS-101112-Q037); (ND=CDS-101112-Q038); (NE=CDS-101112-Q039); (NM=CD5-101112-0040); (OR=CDS-101112-Q041);
(UT=CDS-101112-0042); (WA=CDS-101112-Q043); (W=CDS-101112-Q)
7
l DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
.ATTACHMENT 3
Performance Targets for Qwest QLSpTM Service
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ATTACHMENT 3 - Perfomiance Targets for Qwest QLSp™ Servce
~DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
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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., EDI997 transactions are not included.)
. For FOC-1A, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwests response with a FOC notification (notification date and time).
. For FOC-1B, the interval measured is the period between the application date and time, as defined
herein, and Qwests response with a FOC notification (notification date and time).
. "Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC.
. "Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EDI and involve manual
processing.
. LSRs wil be evaluated according to the FOC interval categories shown in the "Performance
Targets" section below, based on the number of lines requested on the LSR or, where multiple
LSRs from the same CLEC are related, based on the combined number of lines requested on the
related LSRs.
Reporting Period: One month i Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regionallevel.
Individual CLEC . FOC-1A: FOCs provided for fully electronic LSRs received via IMA-
GUI or IMA-EDI
FOC-1 B: FOCs provided for electronic/manual LSRs received via
IMA-GUI or IMA-EDI
Formula:
FOC-1 A = HCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR
received date/time (based on scheduled up time))" is within 20 minutes) -(Total Number of
original FOC Notifications transmitted for the service category in the reporting period)) x 100
FOC-1 B = HCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (Application
Date & Time)" is within the intervals specified for the service category involved) -(Total
Number of original FOC Notifications transmitted for the service category in the reporting
period)) x 100
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 2
DocuSignEriVél6pe ID; Dt63F138-2691-4BC5-BEC8-8B6466E94E86
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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 starVstop dates/times.
Product Reporting:Performance Taraet:
FOC-1A 95% within 20 minutes
QLSP-POTS
FOC-1B 95% within standard FOC
intervals (specified below)
Standard FOC Intervals
Product Group NOTE 1 FOC
Interval
QLSP-POTS (1-39 lines)FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
Performance wil be measured
beginning the first full month of
QLSP service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
product tvpe are considered ICB.
ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Servce
Page 3
DocuSign Envelope 10; D163F138-2691-4BC5-BEC8-8B6466E94E86
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ICM.1 . Installation Commitments Met
Purpose:
Evaluates the extent to which Owest 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 Owest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all Corders
representing inward activity (with "i" and "T" action coded line USOCs). Also included are orders with
customer-requested due dates longer than the standard intervaL.
. Completion date on or before the Applicable Due Date recorded by Owest is counted as a met
due date. The Applicable Due Date is the original due date or, if changed or delayed by the
customer, the most recently revised due date, subject to the following: If Owest changes a due
date for Owest reasons, the Applicable Due Date is the customer-initiated due date, if any, that
is (a) subsequent to the original due date and (b) prior to a Owest-initiated, changed due date, if
any.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individuai CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
ICM-1C 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-Owest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-Owest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving offcial company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 4
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
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Product Reporting Peñormance Target:
MSA-TvDe:
QLSP-POTS QLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 5
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
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011-1 - Order Installation Interval
Purpose:
Evaluates the timeliness of Owests installation of services for CLECs, focusing on the average time to
install service.
Description:
Measures the average interval (in business days) between the application date and the completion
date for service orders accepted and implemented.
. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Owest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
. Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Owest changes a due date for Owest
reasons, the Applicable Due Date is the CLEC-initiated due date, if any, that is (a~ subsequent to
the original due date and (b) prior to a Owest-initiated, changed due date, if any. OTE 1
. Time intervals associated with CLEC-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest
Owest-initiated due date, if an¥, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSA); and
011-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
01l-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
.I(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 offcial company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
. Orders involving individual case basis (ICB) handling based on quantities of lines or orders
deemed to be projects.
ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
Page 6
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
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Re orted As:
Avera e business da s
Zone-T e-
Performance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
6 Days
3.5 Days
Availabilty:
Performance wil be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
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.
ATTACHMENT 3 - PerfonTance Targets for Qwest QLSpTM Service
Page 7
DocuSign Envelope ID; D163F138-2691-4BC5BEC8-8B6466E94E86
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00524.1 . Out of Service Cleared within 24 Hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (Le., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble report from CLECs or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified
service that is out-of-service (Le., unable to place or receive calls), subject to exclusions
specified below.
. Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
OOS24-1A Dispatches (Includes within MSA and outside MSA); and
00S24-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
00S24-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) . (Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100
Exclusions:
. Trouble 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
OK (TOK), Carrier Action (lEG) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Owest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type Disaggregation".
. For products measured from 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 offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement per the measure definition.
ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
Page 8
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
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Product Reporting:Penormance Targets:
MSA-TvDe -
... QLSP POTS Dispatch and Non-Dispatch 190%
Zone-TvDe -
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 9
.
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
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MTTR.1 . Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusing how 10nQ it takes to restore services to orooer ooeration.
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 receiot 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 producUservices 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-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported accrding to installations:
MTTR-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
-((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) -(Total number of
Trouble Reports closed in the reporting period)
Exclusions:
. Trouble reports coded as follows:
- For products measured from 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 offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missinQ data essential to the calculation of the measurement oer the measure definition.
ATIACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
Page 10
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DocuSign Envelope 10: D163F138-2691-4BC5-BEC8-8B6466E94E86
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Product Reporting:Peñormance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-Tvne -.
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 11
.
DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
. 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 report, including those that are out of service and those that are
only service-affecting.Reporting Period: One month Unit of Measure: Percent
Reporting Individual CLEC Disaggregation Reporting: Regional leveL.
Formula:
((Total number of trouble reports closed in the reporting period involving the specified service
grouping) -(Total number of the specified services that are in service in the reporting period)) x 100
Exclusions:
. Trouble reports coded as follows:
- For products measured from MT AS data (products listed for MSA-type, trouble reports coded
to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network
Intenace; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type".
. For products measured from MT AS data (products listed for MSA-type, trouble reports involving a
"no access" delay.)
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement Der the measure definition.
.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 12
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DocuSign Envelope ID: D163F138-2691-4BC5-BEC8-8B6466E94E86
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Product Reporting:Penormance Target:
MSAType:
... QLSP-POTS Diagnostic
Zone Type: .
Availabilty:Notes:
Penormance wil be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
ATTACHMENT 3 - Performance Targets for Owest QLSp™ Service
Page 13
anua 4 2011 throu h Term*
109.8 Shared T art of QLSP'"109.8.1 Busines and PAL In ID- fPerMOUI $0.0011100109.8. ISDN BRI PAL In ID.N and PBX An"' Trunks 'Per Ilnenk UGUST SO.35
109.11 Loal Swlhlna Purchasd As Part of QLSP'"
1 09.11.1 Porb Basic Plan
109.11.1.1 Anelo Port
109.11.1.2 Residentil end user crll
109.11.1.3 Eflec QlSP'" Reidentil Anaio Port
109.11.1.4 Dialtl Port Suimrtlnr BRIISDN
109.11.1.5 PBX DID Port
Doigën 10: 0163F13&2691-4BCEC894E8
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109.11.
109.11.
109.11.
109.11.5
109.11.8
109.11.7
109,11.8
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Qwest Local Servces Platfrm 'I (QLSp'I) Rate Page. Idaho
LAWUR
$6.21
$3.07
$3.14
S17.4O
S7.30
Intntlonallv Blank
Porb If 90% YOY Volume Ralenlln Plan Ranulremenle Ar Me
109.11.3.1 Analo Port
109.11.3.2 Analo Port Reidential end user crll
109.11.3.3 Eflcl QLSP'" Resdantial Anal"" Port
109.11.3.4 Dlaltl Part Suimrt BRIISDN
109.11.3.5 PBX DID Port
LAWUR
5.59
2.51
3.08
17.40
7.30
Intntanall Blank
Parb If 115% yay Volume Gro Plan Raaulrements Ar Me
109.11.5.1 AnaloaPort
109.11.5.2 Anlo Port Reidential end user crll
109.11.5.3 Eflecl QlP'" Residential Analoa Port
109.11.5.4 niAI Port fSiirt"" BRIISDNI
109.11.5.5 PBX DID Pari
LAWUR
S4.35
LSl.40
$2.95
$17.40t7.30
to.001343
UGUFM $1.13
2
,7APS S75.00
DZR S10.00
MGN t.W S12.00
IAFYS S85.0
EYVPB $6.00
F5GPG S22O.00
FlO ONLY S5.0
NXBIISDN S5.00
NA-FID $5.00
IDSNI
69B1X S5.00
69A 55.00
SEPFA 550.00
FSW $10.00
WUT $25.00
HY HYS $160.00
NOUSO SO.46
NSS $10.00
NSQ $10.00
NSK S10.00
NCE S10.00
FKQPN,NSY $10.00
BUD 8.00
6MD 5.00
690 .55.00
RNN 5.00
QWPS 90.00
GC sa.O
HLN, HLA $6.00
MH5 S5.00
MHW S5.00
MOHPS S100:00
NHGPG,$10.00
NHGPNPTQP ICB
1\. P89 520.00
MBl 510.00
MFR sa.OO
MV ICB
MHHPS S75.00
K7KPK 55.00
QT1PK 55.00
SR7CX S3O.00
SEPSP,$165.00
SEPSR
CPK S8.00
ATBPS $125.00I'T 51.0
TB 5100
BVS S100.00
MHM 56.00
t'.08
MB5XX 1000.00
CPWlO 55.00
PTGP 150.00
MJJPK 55.0
109.11.8.10 cai Forwrdl"" Bu-Llne -Incmlnr Onlv
109.11.8.11 Call Farwrdl"" Do' An Incona Onl
109.11.8.12 Call Farwrdl"": Bu~ Line I Dan' Anwe Pmammable Ser estaishment
109.11.8.13. Call Farwrdl"": Dan' An I Cal Forrdlna Busv Custme rammebl rUne
109.11.8.14 Call Walt"" Indiction. ""r T1mlna S_
109.11.8.15 Cantrax Common I'nulnment
109.11.8.16 CLS-CaD Tra Per Ocrrnce
109.11.8.17 CLS - Continuous Reial
109.11.8.18 CLS. Last Call Rem
109.11.8.19 CLS. PriaiiCalllnn
109.11.8.20 CLS. Sele Call Forrdlnn
109.11.8.21 CL - Salectlv Call ReJac
109.11.8.22 Dire Stall Sele I Bin I "" Fie na At-men
109.11.8.23 Dire Cell Pln w1lh e¡¡109.11.8.24 DIre Call Plckn wi ¡¡e-In
109.11.8.25 Dlnc Rln Istincl CaD WaRm
109.11.8.26 Exslva Route WamlM Tane ner Swl109.11.8.27 Gro Intm
109.11.8.26 HotLine, peUne
109.11.8.29 Huntl"": Multnnlnn Hunt Queulna
109.11.8.30 Hunti"": Mult~ltion wi Announcent In Queue
109.11.8.31 Hunti"": Mull~ltInwlMuslclnQueue
109.11.8.32 ISDN Sho Hunt
109.11.8.33 Lauds"" kerPAnlin nerTrunkGruo
109.11.8.34 MakeBu~A"".. amnts ""rGruo
1 09.11.8.35 Make Bu~ At.. amnts ""r Line
109.11.8.35 Me~e Canta, "",Main Statl Un
109.11.8.37 e Walln VIual
109.11.8.38 Music On Hold" rS..Am
109.11.8.39 Pi1~Releas
109,11.8.40 QueNTlme
109.11.8.41 SMDR-P - Ariv Data
109.11.8.42 SMDR-P. Serv Estlishment Charg, Inltllnslatl
109.11.8.43 StatlnCamnnServ -Malnsttl
109.11.8.44 Tim of D~ Contr for ARS Siite
109.11.8.45 TI of Da" NCOS U""ata
109.11.8.48 TI of Da" Routi"" ""r Un
109.11.8.47 Trunk Vertin fmm Dalnnate Statin
109.11.8.48 UCD In Hunt Groun, "' Line
Qw Locl Serv Platfor'" Agreent QLSP'" Rate Sh.Vl.2.3 04.11.08
DoSign En 10: 0163138261-4BCEC8E9E8
Qwest Local Servces Platfnn1l (QLSpTM) Rate Page . Idaho
J 4 2011 th h T *
109.11.8.49.5 Coerence Calii Prt M09PK 5.00
109.1 1 .8.49.6 Coerence Call'" - Stati OIal ra-wAVI GVT 55.00
109.11.Ot
109.11.9.1 Custom Number
109.11.9.1.1 Idaho Nort Sse Applicble Qw _D 6
Tarf, Catalo or Price li les
Disunt (whic wil be
prldad pursuant to term and
codit In ClEC's ICA).
109.11.9.1.2 Idaho South Se Applicable Qw _Ii 6
Tar, Catalo or Price Lis less
Discunt (whic WIL be
prodad pursuant to term and
conditons In CLEC's ICA).
109.11.9.2 PBX DID ComDIe Trenslatons Dialt OUlDulsad Chanoe SlanallnD $15.22
109.11.9.3 PBX DID Comnlex TranslaUons Sianalln Chanae $35.52
109.11.9.4 PBX DID Blo t'nrrolse $25.53
109.11.9.5 PBX DID Grun of 20 Numbers 531.36
109.11.9.6 PBX DID Res_ S..uanUalll Block 525.38
109.11.9.7 PBX DID Re NnuanUal TalAhona Numbers $2.6
109.11.9.8 PBX DID Nauentl Telenhone Numbars $33.18
109.11.10 Subsuenl Orr Ch...NHCUU $12.17 4
109.11.11 Qw Coraralln LOC IntLATA Toll LPIC 5123109.11.11.1 ldahNort Sse AppDcable Owst RetaU 6
Tarf, Catalo or Price LIt le
Disnt (which will be
prad pursuant to term and
conditns In CLEC's ICA).
109.11.11.2 Idaho South See AppØcbla Qw RatU 6
Tar, Catalo or Price Lis les
Discount (whic WIL be
prad pursuant to term and
conditns In CLEC's ICA).
109.20 Mlollallus Chirg 5
109.20.1 Delan-Nort
109.20.1.1 Maintan of Sarv
109.20.1..1 Baic
109.20.1.1.1.1 Firs Inme MVXX ..
109.20.1.1.1.2 EII Adltllncnt MV1X ..
109.20.1.12 Ovrta
109.20.1.1.2.1 Fir Incrt MVOX "
109.20.1.1.2.2 Each Addltalll\mant MV2X "
10920.1.1.3 Premium
109.20.1.1.3.1 Flrslncrment MVPX "
109.20.1.1.3.2 Each Addital Incrment MV3X "
109.20.1.2 Onllonal Testa IAddltnal Lar
109.20.1.2.1 Basic Firs and Each AdIUonallncramet OTNBX "
109.20.1.2.2 Ovrilme Firs and EII Adillnalincrnt OTNX "
109.20.1.2.3 Premium Firs and Each Additnal Incremet OTNPX ..
109.20.1.3 Dlsoetc (Aditnal Disoetc - No trbla found VT6DC "
109.20.1.4 OIsoetc for Matenc of Serv - No Trouble Found VT6DM "
109.20.2 Delon and No_Ian. Nort
109.20.2.1 Trio Ch"' - Preises VISU Chame SCO "
109.20.2.2 Premis Woi Char
109.20.2.2.1 Basic
109.20.2.2.1.1 Firs Il\ment HRD11 "
109.20.2.2.1.2 Each Addltallncrmant HRDA1 "
109.20.2.2.2 Ovl1e
109.20.2.2.2.1 First Incrment HRD12 "
109.20.2.2.2.2 Each AddUlonalll\ment HRD "
109.20.2.2.3 PremkJm
109.20.2.2.3.1 Fir Incrment HRD13 "
109.20.2.2.3.2 EII Addltallncrmant HRDA3 "
109.20.2.3 Netrk Premise Work Che""
1 09.2.2.3.1 Basic First lnaent HRR11 "
109.20.2.32 Basic Ea Additonal Incrment HRR1 "
109.202.3.3 Ovme First Incrment HRR12 "
109.202.3.4 Overtme Ea Addltnallncnt HRRA "
109.20.2.3.5 Premium Firs Incrent HRR13 "
109.20.2.3.6 Premium Each Additnal Incrment HRR "
109.20.2.4 DateCha..e VT6DC "
Delon Chenae H28 "
Exlt Charoe Pe daY advance EODDB "
Cacellatio Chme NoUSOC ICB
109.0.3 Non-llon . Sout
109.20.3.1 Net Premis Woi Chama
109.20.3.1.All Hours 1st 15 minute HRH11 "
Qwest Lol 58"" Platfon 1M Agreent QLSP1M Rate Shaet-V12.3 04.11.08
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Doign En 10: D163138261-4~C86494E8
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Qwest Local Servces Platorm™ (QLSpTM) Rate Page . Idaho
Janua 4 2011 throu hTerm*
109.20.3.1.2 All Hours nex thre 15 minutes HRHA1 -
109.20.3.1.3 All Hours ea addfl15 minute HRDA1 -
109.20.4 Delon . South
109.20.4.1 Maintenanc of Servce
109.20.4.1.1 Basic
109.20.4.1.1.1 FIn Incrment MVXX ..
109.20.4.1.1.2 Each Addltnallncrment MV1X -
109.20.4.1.2 Overtime
109.20.4.1.2.1 Firs Incrment MVOX -
109.20.4.1.2.2 Each Additnal Incrment MV2X -
109.20.4.1.3.1 Premium
109.20.4.1.3.1 Firs Incrment MVPX -
109.20.4.1.3.2 Each Addltnallncrmant MV3X -
1 .4.2 Oflo Teii~109.20.4. 1 ltinall ment 0 BX -
109.20.4.2.2 AdIUonallncrement OTNX -
109.20.4.2.3 Premium Firs and Each Additnal Increment OTNPX -
109.20.4.3 Dlsritch (Additinal Disnatch - No trble found VT6D -
109.20.4.4 Dinatc lor Mahitaance of 8arvlce - No Troubl Found VT6DM -
109.20.4.5 Netw Premises Worl Chame
109.20.4.5.1 Basic
109.20.2.5.1.1 Fir Incment HRH11 ..
109.20.2.5.1.2 Each Adttloallncrma HRHA1 -
109.20.4.5.2 Ovrtime
109.20.2.5.2.1 Firt Incrment HRH12 -
10920.2.5.2.2 Eac Addltallncrment HRHA -
10920.4.6.3 Premium
109.20.2.5.3.1 Firs Incrment HRH13 -
109.20.2.5.3.2 Eac Addltllncrmant HRHA -
109.20.Deslon and Non-Ð"'n . Sout
109.20.5.1 Trtn Chame - Premiss V1tt Chame NRTCY -
109.20.5.2 Premis Worl Ch"'
1 09.20.5.2.1 Basi
1 09.20.52.1.1 Fir Incment HRD11 -
109.20.5.2.1.2 Each Addltllnct HRDA1 -
109.20.5.2.2 Ovrtme
109.20.5.2.2.1 Fir Incrmet HRD12 -
109.20.52.2.2 Eac Addltnallncrmen!HRDA -
109.20.5.2.3 Preum
109.20.5.2.3.1 Firs Incment HRD13 .-
109.20.5.2.3.2 Each Addttionallncnt HRDA3 -
109.20.5.3 DaCha e VT6D -
109.20.5.4 De"'n Chana H28 -
109.20.5.5 Ev,,1t Charae Per dav adnce EOOOB -
109.20.5.6 Cancllati Charo NoUSOC ICB
109.23 QL" Inallla snd Convrsion Nonrsurrno Che- 'NRC
109.3.1 Convrsion Nonrsurrno Chs-
109.23.1.1 QLSP" Busine centr P.6. snd PBX Ani non-DID Trunks Reslnlal
109.23.1.1.1 Firs Line Meniz URCC 51.0
109.23.1.1.2 Each Additnal Line Menizad URCC 50.SO
109.23.1.1.3 FIrs Line (Manuail URCC 515.00
109.23.1.1.4 Each Addttlonal Uoe /Mnuail URCC 53.00
109.23.1.2 QLP" PBX DID Trunla
109.23.1.2.1 Firs Tnink URCCD 528.84
109.23.1.2.2 Each Additnal $2.73
109.23.1.3 QLP" ISDN BRI
109.23.1.3.1 Firs URCC 530.66
10923.1.3.2 Each Additnal 52.73
109.23.2 Inalliatn Nonrsurro Cham..
109.23.2.1 QLSP" Busln.. cenlr~. pAL and PBX Anal- non-DID Trun"" Reidntial
109.23.2.1.1 Firs Line (Meniz'NHCR 5SO.00
109.23.2.1.2 Each Additnal Une /Mchaniz'NHCRC $18.00
109.23.2.1.3 First Line (Manual NHCR $75.00
109.23.2.1.4 Each Additnal LIne IManuall NHeR 520.00
109.232.2 QLP" Analoa DID PBX Trunks $15.21
109.23.2.3 QLP" ISDN;BR 5272.96
109.23.3 Qw! AlN FealUres
109.23.3.1 Idaho Nor Se Appllcabla Qw Ret 6
Tar, Catalo .. Pri Us les
DIunt (wic wi be
prodad pursuant to term and
condit In CLEC's ICA).
Qw Lo8a Pletfrm '" Agreen QLSP"'Rate Shael-V12.3 04.11.08
OoSign En 10: D163F13826Ø1-4BC5-EC894E8
See Applicable Ows! Reil
Tari, catalo or Price Ust less
DIunt (w wi be
pred pursua to tø andconditns In CLEC's ICA).
109.3.4 Qw Vol.. Me In Sarvce
109.23.4.1 Idaho Nor se Apll Qw Re
Tar, cata .. Pri Us le
Disunt (whic wHl be
pred pursuant to tarm and
coit In CLEC's ICA).
se Applicable Owst RetilTari, Calo .. Price Us lass
Discount (which will be
proided pursuant to ta and
conditons In CLEC's ICA).
109.23.4.2 Idaho South
112 raonal Su It S l8l1
112.1 De.eloments and Enhancements er Loc Servce ues112.2 On 01 0 rations r Locel Service Re uest
112.3 Dally Usae Recs File, per Rerd
All charges and Incrments
equal th comparable charges
and Incrments provied In th
Qw Wholesale PeAT.ti.Univrs Serce Order Coes (USOC) have ben pred In an efor to ease Itm descrpt and USOC assoti wi chargea. In the evnt USO a'" Inaurate
or a", ",vise, Owst rerv the right to corr th Rate Shee. In th event of any signifnt chane(a), notican wHl be proided via the stndard nolfcalln prss.
See Aplible Qwt Retail Tar, Catalog or Pri Lis for all charges and Incrnts.
QLSP'" Business and Reldentialaervlce utili the same Class of servic and line Univrsl Ser Order coes (USOC). QLSP" Residential servs WILL be billed at
the Anlo Port rate and only th lines that apelly qualif for and are Identifed es servng a _ntal and-user custmer by th prenc of the LAWUR USOC WILLreive th Reidentl end user crtl.
2 QlP'" sece Include nondlscrmlnal ecc to all vertcal sw feture that are loaed In Qwt's End Of Swit. See th PCA T for all copatile and availablevertcal swch fetu... Only vartl switc featu.. wi Noncurr, Recrrng, or Per Occrrnc charg a", listed. Non-uning charg are appllcble whenever a
fetu", Is aded . whhe on ne Insllatn, conversion, .. change order ac. Those vertcal sw feture not lis hava a rata of $0 for Monthly Recrr, Non-
Recrr. or Per Ocrrnce chrges.
3 Reserv for future use.
4 Th Subsequent Order Chrge Is applible on a per order bais wh chng are reues to existing seca. Inclding chang a laphone numbr, Inltatng or
reng Suspensio or Servce, denyi .. reri servca, adding, reng. or changing fetu... and ot almllar reues,
QLSP'" ISDN BRI and PBX are "Dign'. Reinin QLSP'" servce are "Non-Deig". All chrges and Incrts shl be th seme as the comparable charges and
Increents prad In Qw Retil Tari, Catalos, or Pri Us and are subjec to chan bas on changes in th undng Qw Retail Taris. catalogs, or PriceLists. In the evnt a ra changes, notion win be pred vi the stndard noticalln pro.
5
6 Where the sa has ban deeme to be a Te1munlcallns Serv. th DInt wHl be provied pursuant to CLEC's le Wh..th servic Is no a
Telecommunlcali serv, the disunt will be 18%.
Qwe Locl serv Platrm TM Ag",ement QLSp™ Reta Sheet-V1.2.3 04.11.08
6
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