20101029Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
OE(,t:1.'\ u~.
7ßlÐOCT 29 Af19: 23
Maura E. Peterson
Paralegal
Regulatory Law Qwest~
Spirit of Service~
Via Overnight delivery
October 28,2010
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-06-1
Application for Approval of Amendment to the Interconnection Agreement
Cordia Communications Corp.
Dear Ms. Jewell:
Enclosed for fiing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matte
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr(g qwest.com
2010 OCT 29 At1 9= 23
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 -06-01
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Applicatioh for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilities Commssion on March 7,2006 (the "Agreement"). The Amendment with Cordia
Communications Corp. ("Cordia") 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 Commssion finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carer not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment wil enable Cordia to
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Qwest Local Services Platform Agreement
interconnect with Qwest facilties and to provide customers with increased choices among local
telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearng.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other paries not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this Ji day of October, 2010.
..
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Qwest Local Services Platform Agreement
CERTIFICATE OF SERVICE
", ~ t'"
I hereby certify that on this ~ day of October, 2010, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
ìiewell (fpuc.state.id.us
Hand Deli very
U. S. Mail
-X Overnight Delivery
Facsimile
Email
Mara Abbaganaro
General Counsel
Cordia Communications Corp. c/o
c/o NorthStar Telecom, Inc.
2900 Westchester Ave Suite 103
Purchase, New York 10577
_ Hand Delivery
_X_ U. S. Mail
Overnight Delivery
Facsimile
Email
--..~~
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Qwest Local Services Platform Agreement
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
Zßin OCT 29 AM 9= 24
This Qwest Local Services Platform™ ("QLSpTM") Agreement, together with the Attachments hereto a~,~î¥naie~~IC
incor~orated here~n by reference ("Agreement") is between Qwe.st Corpor~tion . (."Qwest"), a Coloract!llçc\ij~~,~g~¡ŠSION
Cordia Communications Corp. ("CLEC"), a Nevada corporation', (each identified for purposes of ii1$¡Ag~n'tit'fS
signature blocks below, and referred to separately as a "Part" or collectively as the "Parties"). The undersigned Parties have
read and agree to the terms and conditions set forth in this Agreement.
Qwest Corporation:
~05E9FC68BD57454""" --
By: L::c:i:::~ri.ten.enJ
Cordia Communications Corp.:
IT7393428863734A.""J
r:-i~
By: DocuSigned By: Kevin Grifo
Title:
Date:
Director - Wholesale Contracts
9/29/2010
Name: Kevin Griffo
Title: President
Date: 9/29/2010
Name: L. 1. Christensen
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: intagreeßùgwest.com
With copv to:
Qwest Law Department - Wholesale
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: LegaLlnterconnectionßùgwest.com
CLEC:
Maria Abbagnaro
General Counsel
Cordia Communications Corp.
c/o NorthStar Telecom, Inc.
2900 Westchester Ave, Suite 103
Purchase, New York 10577
phone: [phone]
Fax: [phone]
Email: mabbagnaroßùcordiacorp.com
With COPy to:
Kevin Griffo, President
Cordia Communications Corp.
c/o NorthStar Telecom, Inc.
2900 Westchester Ave, Suite 103
Purchase, New York 10577
Email: kgriffoßùcordiacorp.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 Performance
Measures and Reporting, Performance Targets and
Service Credits, as described in Section 7.0 of
Attachment 2 to this Agreement); or
~ Arizona
~ Colorado~ Idaho~ Iowa
~ Minnesota
Montana
Nebraska
New Mexico
North Dakota
X 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 Attchment 2 to this Agreement).
Wyoming
September 24, 2010/mms/Cordia/Qwest QLSpTM MSA - (v8-20-10)
(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-100924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); \'A=CDS-100924-0008)
Page 1 of 11
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
WHEREAS, CLEC desires to purchase from Qwest certin combinations of Network Elements, ancilary functions, and additional
features, including without limitation, the local Loop, Port, switching, and Shared Transport.
1. Definitions. Capitalized terms used herein are defined in
Attachment 1.
Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Qwest mutually agree as follows:
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").
2.1 CLEC's Qwest Platform Plus ™ Master Services Agreement,
if any, is terminated immediately upon execution of this Agreement,
and Qwest wil provide CLEC local platform services only pursuant to
the terms and conditions òf this Agreement. The effective biling date
for QLSP services wil be the latest date of execution by the Parties.
3. Term. The term of this Agreement begins on the
Effective 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, Qwest may immediately
convert CLEC to an equivalent altemative service at market-based
wholesale rates.
4. Scope of Agreement; Service Provisioning; Controllng
Documents; Change of Law; Eligibilty for Services under this
Agreement; Non-Applicability of Change Management Process.
4.1 The' Services ("Services") described in this Agreement will
only be provided in Qwests incumbent LEC service territory in the
states of Arizona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington and Wyoming.
4.2 In the event of a conflct in any term of any documents that
govern the provision of Services hereunder, the following order of
precedence wil apply in descending order of control: an Attachment,
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 concerning the
interpretation or effect of the Existing Rules or an admission by Qwest
or. CLEC that the Existing Rules should not be changed, vacated,
dismissed, stayed or modified. Nothing in this Agreement shall
preclude or estop Qwest or CLEC from taking any position in any
forum concerning the proper interpretation or effect of the Existing
Rules or concerning whether the Existing Rules should be changed,
vacated, dismissed, stayed or modified.
4.4 If any change in Applicable Law materially impairs a Party's
ability to perform or obtain a benefit under this Agreement, both Parties
agree to negotiate in good faith such changes as may be necessary to
address suchrnatenal impairment.
4.5 To receive services under this Agreement, CLEC must be a
certified 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.
the Qwest Wholesale Change Management Process ("CMP"), Qwests
Performance Indicators ("Plb"), 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
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 wil be communicated through the
standard account interfaces. Change requests common to shared
systems and processes subject to CMP wil continue to be addressed
via the CMP procedures.
5. CLEC Information. . CLEC agrees to work with Qwestin
good faith to promptly complete or update, as applicable, Qwests
"New Customer Questionnaire" to the extent that CLEC has not
already done so, and CLEC shall hold Qwest 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 Services provided herein are exclusive of any federal,
state, or local sales, use, excise, gross receipts, transaction or similar
taes, fees or surcharges ("Tax" or "Taxes"). Taxes resulting from the
performance of this Agreement shall be bome by the Party upon whichthe 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 Party is specifically permitted by
Applicable Law to collect such Taxes from the purchasing Party, such
Taxes shall be bome by the Party purchasing the services. Taxes
shall be biled as a separate item on the invoice in accordance with
Applicable Law. The Part billng such Taxes shall, at the written
request of the Part being' billed, 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
Party (the Contesting Party) contests the application of any Tax
collected by the other Part (the Collecting Party), the Collecting Party
shall reasonably cooperate in good faith with the Contesting Parts
challenge, provided that the Contesting Part pays all reasonable costs
incurred by the Collecting Party. The Contesting Part is entitled to the
benefit of any refund or recovery resulting from the contest,. provided
that the Contesting Part has paid the Tax contested. If the
purchasing Party provides the selling Part with a resale or other
exemption certificate, the sellng Party. shall exempt the purchasing
Part if the sellng Party accepts the certificate in good faith. If a Part
becomes aware that any Tax is incorrectly or erroneously collected by
that Part from the other Party or paid by the other Party to that Party,
the Party that received such Tax shall refund the incorrectly or
erroneously collected Tax or paid Tax to the other Party.
6.3 Each Part is solely responsible for any tax on its corporate
existence, status or income and each Party shall be solely responsible
for all taxes on its own business, the measure of which is its own net
income or net worth and shall be responsible for any related tax filings,
payment, protest, audit and litigation. Each Party shall be solely
responsible for the billing, collection and proper remittance of all
applicable Taxes relating to its own services provided to its own
Customers.
4.6 Except as otherwise provided in this Agreement, the Parties
agree that Services provided under this Agreement are not subject to
September 24, 2010/mms/CordialQwest QLSpTM MSA - (v8-20-10)
(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-100924-003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-1 00924-0006); (UT=CDS-100924-0007); (WA=CDS-100924-0008)
Page 2 of 11
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
7. Intellectual Property.
7.1 Except for a license to use any facilities or equipment
(including softare) solely for the purposes of this Agreement or toreceive Service solely as provided in this AgreerTent 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
intellectual property, 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 Party without execution of a separate written
agreement between the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each Part (an Indemnifying Part) shall indemnify and
hold the other Party (an Indemnified Part) harmless from and against
any loss, cost, expense or liability arising out of a claim that the
services provided by the Indemnifying Party provided or used pursuant
to the terms of this Agreement misappropriate or otherwise violate the
intellectual propert rights of any third party. The obligation for
indemnification recited in this paragraph shall not extend to
infringement which results from:
A. any combination of the facilties or services of the
Indemnifying Party with facilties or services of any other Person
(including the Indemnified Party 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 modification made to the fa'clities or services of the
Indemnifying Party by, on behalf of, or at the request of the
Indemnifed Party and not required by the Indemnifying Party.
7,3 In the event of any claim, the Indemnifying Party may, at its
sole option, obtain the right for the Indemnifed Party to continue to use
any infringing facilty or service or replace or modify any infringing
facilty or service to make such facilty or service non-infringing.
7.4 If the Indemnifying Part is not reasonably able to obtain the
right for continued use or to replace or modify the facility or service as
provided above and either the facilty or service is held to be infringing
by a court of competent jurisdiction or the Indemnifying Party
reasonably believes that the facilty or service wil be held to infringe,
the Indemnifying Part will 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 cessation of further
infringement.
7.5 The Indemnifying Part may requesf that the Indemnified
Party take steps to mitigi¡te damages resulting from the infringement or
alleged infringement including, but not limited to, accepting
modifications to the facilties or services, and such request shall not be
unreasonably denied.
7.6 To the extent required under Applicable Law, Qwest shall
use commercially reasonable efforts to obtain, from its vendors who
have licensed intellectual propert rights to Qwest in connection with
Services provided hereunder, licenses under such intellectual property
rights as necessary for CLEC to use such Services as contemplated
hereunder and at least in the same manner used by Qwest for the
Services provided hereunder. Qwest shall notify CLEC immediately in
the event that Qwest believes it has used its commercially reasonable
efforts to obtain such rights, but ,has been unsuccessful in obtaining
such rights. Nothing in this subsection shall be construed in any way
to condition, limit, or alter a Part's indemnification obligations under
Section 7.2, preceding.
7.7. Neither Party shall without the express written permission of the
other Party, state or imply that it is connected, or in any way affliated
with the other or its Affliates; it is part of a joint business association or
any similar arrangement with the other or its Affliates; the other Party
and its Affliates are in any way sponsoring, endorsing or certifying it
and its goods and services; or with respect to its marketing, advertising
or promotional 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, wil not state or otherwise indicate, directly
or indirectly, to its end-users or prospective end-users: (a) that they wil
be Qwest customers or that they may obtain Qwest service from CLEC
or (b) that CLEC has or the end-user will have any relationship with
Qwest. Without limiting the foregoing, CLEC must not use a name,
trademark, service mark, copyright or any other intellectual property
owned by Qwest or its Affliates, except that CLECmay communicate
that Qwest is one of the underlying carriers from which CLEC
purchases services if CLEC has obtained the prior written 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 Party or its Affliates or otherwise attempt to sell its End
User Customers using the name of the other Party or its Affliates.
Qwests name and the names of its affliates are proprietary and
nothing in this AgreerTent constitutes a license authorizing their use,
and in no event wil 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 this Section 7
may cause irreparable harm for which monetary damages may be
inadequate, in addition to other available remedies, the non-breaching
Party may seek injunctive relief.
8. Financial Responsibilty. Payment and Security.
8.1 Payment Obligation. Amounts payable under this
Agreement are due and payable within thirty (30) Days after the date of
invoice ("Payment Due Date"). If the Payment Due Date falls on a
Sunday or on a holiday which is observed on a Monday, the payment
date wil 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 billed on paper,. not the date the
electronic delivery occurs. If CLEC fails to make payment on or before
the Payment Doe Date, Qwest may invoke all available rights and
remedies.
8.2 Cessation of Order Processing. Qwest 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 Services, less any good faith disputed amount as provided
for in this Agreement, within thirt (30) Days following the Payment
Due Date; provided that Qwest has first notified CLEC in writing at
least ten (10) business days prior to discontinuing the procesing of
September 24, 2010/mms/Cordia/Qwest QLSpTM MSA - (v8-20-10)
(AZ=CDS-100924-0001); (CO=CDS-100924-0002); (IA=CDS-100924-0003); (ID=CDS-100924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-o007); (WA=CDS-100924-0008)
Page 3 of 11
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
orders for Services. If Owest does not refuse to accept additional
orders for Services on the date specified in the ten (10) business days
notic.e, and CLEC's non-compliance continues, nothing contained
herein shall preclude Owests right to refuse to accept additional orders
for Services from GLEC without further notice. For order processing to
resume, CLEC wil be required to cure any breach and make full
paymen~ of all past-due charges for Services not disputed in good faith
under thls.Agreement, and Owest may require a deposit (or recalculate
the deposit) pursuant to Section 8.5. In addition to other remedies that
may be available at law or equity, Owest reserves the right to seek
equitable relief including injunctive relief and specific performance.
8.3 Disconnection. Owest may disconnect any Services
provided under this Agreement for any breach by GLEG of this
Agreement that is not cured by GLEC in accordance with Section 11
herein, including without limitation, failure by GLEC 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 GLEC in
writing at least ten (10) business days prior to disconnecting Services.
CLEG will pay the applicable. charge set forth in the Rate Sheet
required to reconnect Services for each End User Customer
disconnected pursuant to this Section 8.3. In case of such
disconnecti.on, all applicable undisputed charges, including termination
charges, will become due and payable. If Owest does not disconnect
CL~C's Service on the date specified in the ten (10) business days
noti~e, and GLEC's noncompliance continues, nothing contained
herein shall preclude Owests right to disconnect any or all Services;
For reconnection of the Service to occur, CLEC wil be required to
make full payment of all past and current undisputed charges under
this Agreement for Services and Owest may require a deposit (or
recalculate the deposit) pursuant to Section 8.5. In addition to other
remedies that may be available at law or equity, Owest reserves the
right ~ to seek equitable relief, including injunctive relief and specific
performance. Notwthstanding the foregoing, Owest wil 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
Cu~tomer disconnection and notification, provided that, the foregoing is
subject to CLEC's reasonable dilgence in effecting such compliance.
8.4 Biling Disputes. Should CLEC dispute, in good faith, and
withhold payment on any portion of the charges under this Agreement,
CLEG wil notify Owest in writing within fifteen (15) Days following the
Payment Due Date identifying the amount, reason and rationale of
such dispute. At a minimum, CLEC wil pay all undisputed amounts
due to Owest. Both CLEC and Owest agree to expedite the
investigation of any disputed amounts, promptly provide reasonably
requested documentation regarding the amount disputed, and work in
good faith in an effort to resolve and settle the dispute through informal
means prior to invoking any other rights or remedies.
A. If CLEG 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, CLEG 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 bill 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.
Owest wil adjust the Biling, usually within two Biling cycles after
the resolution of the dispute, as follows: Owest wil credit the
CLEG'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 charge appeared,
adjustment Will be made on a going-forward basis only, beginning
with the date of the dispute.
8.5 Security Deposits. In the event of a material adverse
change in CLEC's financial condition subsequent to the Effective Date
of this Agreement, Owest may request a security deposit. A "material
adverse change in financial condition" means CLEC is a new CLEC
with no established credit. history, or is a CLEC that has not
established satisfactory credit with Owest, or the Party is repeatedly
delinquent in making its payments, or is being reconnected after a
disconnection of Service or discontinuance of the processing of orders
by Owest due to a previous failure to pay undisputed chärges in a
timely manner or due to the failure by CLEC to cure a breach of this
Agreement in a timely manner. Owest may require a deposit to be
held as security for the payment of charges before the orders from
CLEG wil be provisioned and completed or before reconnection of
Service. "Repeatedly Delinquent" means anY payment of a material
amount of total monthly Biling under this Agreement received after the
Payment Due Date, three (3) or more times during the last twelve (12)
month period. The deposit may not exceed the estimated total monthly
charges for a two (2) month period based upon recent Biling. The
deposit may be an irrevocable bank letter of credit, a letter of credit
with terms and conditions acceptable to Owest, or some other form of
mutually acceptable security such as a cash deposit The deposit may
be adjusted by GLEC's actual monthly average charges, payment
history under this Agreement, or other relevant factors, but in no event
will the security deposit exceed five millon dollars ($5,000,000.00).
Required deposits are due and payable within thirt (30) Days after
demand and non-payment is subject to the terms and provisions of
Section 8.2 and Section 8.3 of this Agreement. .
8.6 Interest on Deposits. Any interest earned on cash deposits
wil 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 otherwise
required by law,provided that, for elimination of doubt, the Partes
agree that such deposits are not subject to state laws or regulations
relating to consumer or End User Customer cash deposits. Cash
deposits and accrued interest, if applicable, wil be credited to CLEC's
account or refunded, as appropriate, upon the earlier of the expiration
of the term of this Agreement or the establishment of satisfactory credit
withOwest, which wil generally be one full year of consecutive timely
payments of undisputed amounts in full by CLEC. Upon a material
change in financial standing, GLEG may request, and Owest wil
consider, a recalculation of the deposit. The fact. that a deposit has
been made does not relieve CLEC from any requirements of this
Agreement.
8.7 Late Payment Charge. If any portion of the payment is
received by Owest after the Payment Due Date, or if any portion of the
payment is received by Owest in funds that are not immediately
available, then a late payment charge wil be due to Owest. The late
payment charge is the portion of the payment not received by the
Payment Due Date multiplied by a late factor. The late factor is the
lesser of (i) the highest interest rate (in decimal value) which may be
levied by law for commercial transactions, compounded daily for the
B. If CLEC pays the disputed charges and the dispute is
resolved in favor of Owest, no furter action is required. IfCLEG
pays the charges disputed at the time of payment or at any time
thereafter, and the dispute is resolved in favor of the GLEC
September 24, 2010/mms/Cordia/Owest OLSpTM MSA - (v8-20-10) ,
(AZ=CDS-1 00924-0001); (CO=GDS-100924-0002); (IA=CDS-100924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (WA=CDS-100924-0008)
Page 4 of 11
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
number of Days from the Payment Due Date to and including the date
that the CLEC actually makes the payment to Qwest; or (ii) 0.000401
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
obtainèd through the American Recovery and Reinvestment Act (or
ARRA) or other similar stimulus grants or loans that would obligate
Qwest to provide certain 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 CLEe is obtaining services from
Qwest under an arrangement 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 services wil not be
delayed due to the applicability of TLA or minimum period charges.
The applicabilty of such charges is governed by the terms of the
original agreement, Tariff or arrangement. Nothing herein wil be
construed as expanding the rights otherwise granted by this
Agreement or by law to elect to make such conversions.
10. Customer Contacts. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' servce
needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble reports,
repair, post-sale servicing, Billng, collection and inquiry. CLEC wil
inform its End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contacting Qwest wil be
instructed to contact CLEC, and Qwests End User Customers
contacting CLEC wil be instructed to contact Qwe~t. In responding to
calls, neither Party wil 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 products and services with CLEC's or Qwests End User
Customers who call the other Part.
10.1 In the event Qwest terminates Service to CLEC for any
reason, CLEC wil provide any and all necessary notice to its End User
Customers ofthe termination. In no case wil Qwest be responsible for
providing such notice to CLEC's End User Customers.
11. Default and Breach. If either Party defaults in the payment
of any amount due hereunder, or if either Party violates any other
material provision of this Agreement and such default or violation
continues for thirt (30) Days after written notice thereof, the other
Part may terminate this Agreement and seek relief in accordance 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 accept orders from
CLEC for Services in accordance with Section 8.2 above. The
remedies available to each Party pursuant to this Agreement are not to
be considered exclusive of one another and wil be cumulative.
12. Limitation of Liabilty.
12.1 CLEC's exclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwise limited by this Agreement to outage credits or other
service credits, in which case Qwests total liability wil not exceed the
aggregate amount of any applicable credits due.
12.2 Except for indemnification and payment obligations under
this Agreement, neither Party shall be liable to the other for indirect,
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, lost revenues, lost
savings suffered by the other Party regardless of the form of action,
whether in contract, warranty, strict liabilty, tort, including, without
limitation, nègligence of any kind and regardless of whether the Parties
know the possibility that such damages could result.
12.3 Nothing contained in this Section shall limit either Party's
liabilty to the other for wilful misconduct, provided that, a Part's
liabilty to the other Party pursuant to the foregoing exclusion, other
than direct damages, wil be limited to a total cap equal to one hundred
per cent (100%) of the annualized run rate of total amounts charged by
Qwest to CLEC under this Agreeme~t.
13. Indemnity.
13. 1 The Parties agree that unless otherwise specifically set forth
in this Agreement, the following constitue the sole indemnification
obligations between and among the Parties:
A. Each Party (the Indemnifying Party) agrees to release,
indemnify, defend and hold harmless the other Part and each of
its offcers, directors, employees and agents (each, an
Indemnitee) from and against and in respect of any loss, debt,
liability, damage, obligation, claim, demand, judgment or
settlement of any nature or kind, known or unknown, liquidated or
unliquidated including, but not limited to, reasonable costs and
expenses (including attorneys' fees), whether suffered, made,
instituted, or asserted by any Person or entity, for invasion of
privacy, bodily injury or death of any Person or Persons, or for
loss, damage to, or destruction of tangible property, whether or
not owned by others, resulting from the Indemnifying Party's
breach of or failure to perform under this Agreement, regardless
of the form of action, whether in contract, warrnty, strict liabilty,
or tort including (without limitation) negligence of any kind.
B. In the case of claims or losses alleged or incurred by an End
User Customer of either Part arising out of or in connection with
Services provided to the End User Customer by the Part, the
Part whose End User Customer alleged or incurred such claims
or loss (the Indemnifying Part) shall defend and indemnify the
other Part and each of its offcers, directors, employees a'nd
agents (each, an Inçlemnified Part) against any and all such
claims or loss by the Indemnifying Party's End User Customers
regardless of whether the underlying Service was provided or was
provisioned by the Indemnified Part, unless the loss was caused
by the gross negligence or wilful misconduct of the Indemnified
Part. The obligation to indemnify with respect to claims of the
Indemnifying Party's End User Customers shall not extend to any
claims for physical bodily injury or death of any Peron. or
persons, or for loss, damage to, or destruction of tangible
propert, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the
employees, contractors, agents, or other representatives of the
Indemnified Party.
13.2 The indemnification provided herein is conditioned upon the
following:
A. The Indemnified Party wil promptly notify the Indemnifying
Part of any action taken against the Indemnified Party relating to
the indemnification. Failure to so notify the Indemnifying Party wil
not relieve the Indemnifing Party of any liabilty that the
Indemnifying Part might have, except to the extent that such
failure prejudices the Indemnifying Party's abilty to defend such
claim.
September 24, 201 O/mms/Cordia/Qwest 'aLSpTM MSA - (v8-20-10)
(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-100924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (WA=CDS-100924-o008)
B. If the Indemnifying Part wishes to defend against such
action, it will give written notice to the Indemnified Part of
Page50f11
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
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 Indemnified Party
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifying Party does not
accept the defense of the action, the Indemnified Party has the
right to employ counsel for such defense at the expense of the
Indemnifying Party. Each Party agrees to cooperate with the
other Party in the defense of any such. action and the relevant
records of each Part wil be available to the other Part with
respect to any such defense.
C. In no event will the Indemnifying Part settle or consent to
any judgment for relief other than monetary damages pertaining
to any such action without the prior written consent of the
Indemnified Part. In the event that the Indemnified Party,
withholds consent, the Indemnified Part may, at its cost, take
over such defense; provided that, in such event, the Indemnifying
Part shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnified Party against, any cost or
liabilty in excess of such refused compromise or settlement.
14. Limited Warranties.
14.1 Each Part will provide suitably qualified 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 SPECIFIGALL Y DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED
HEREUNDER. QWEST SPECIFICALLY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
15. Relationship. Except to the limited extent expressly
provided in this Agreement: neither Part has the authority to bind the
other by contract or otherwise or make any representations or
guarantees on behalf of the other or otherwise act on the other's
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 modify the Services at any
time, including without limitation, changing the name of the Services.
16. Assianment.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior written consent of Qwest, which
consent will not be unreasonably withheld. Notwithstanding 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 fiings or documents specified by Qwest)
and approval by Qwest of CLEC's proposed assignee, GLEC may
assign this Agreement without prior written consent of Qwest to any
Affliate, successor through merger, or acquirer of substantially all of its
assets; and Qwest may assign this Agreement without prior written
consent to any Affliate, successor through merger, or acquirer of
substantially all of its business assets; provided that in all cases the
assignee of GLEC or Qwest, 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
wil be binding as to the Parties' respective successors and assigns.
16.2 In the event that Qwest transfers to any unaffilated party
exchanges, including End User Customers that CLEC serves in whole
or in part through Services provided by Qwest under this Agreement,
Qwest wil ensure that the transferee serves as a succssor to and
fully performs all of Qwests responsibilties and obligations under this
Agreement for a period of ninety (90) Days from the effective date of
such transfer or until such later time as the FCC may direct pursl)ant to
the FCC's then applicable statutory authority to impose-such
responsibilities either as a condition of the transfer or under such other
state statutory authority as may give it such power. In the event of
such a proposed transfer, Qwest wil use its best efforts to facilitate
discussions between CLEC and the transferee with repect to the
transferee's assumption of. Qwests obligations after the transition
period set forth above in accordance with the terms and provisions of
this Agreement.
17. Reportinq Requirements. If reporting obligations or
requirements are imposed upon either Part by any third party or
regulatory agency in connection with this Agreement or the Services,
including use of the Services by CLEC or its End Users, the other
Part agrees to assist that Party in complying with such obligations and
requirements, as reasonably required by that Party.
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 Party will, without the prior written 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 Party or its Affliates; or (b) disclose or use (except
as expressly permitted by, or required to achieve the purposes of, this
Agreement) the Confidential Information of the other Part. Consent
may only be given on behalf of a Party by its Legal Department.
However, a Party may disclose Confidential Information if required to
do so by a governmental agency, by operation of law, or if necessary -
in any proceeding to establish rights or obligations under this
Agreement, provided that the disclosing Party gives the non-disclosing
Part reasonable prior written notice and the receiving Part wil
cooperate with the disclosing Party to seek or take appropriate
protective measures and wil make such disclosure in a manner to best
protect the ,Confidential Information from further disclosure.
Notwithstanding the foregoing, if reporting or filing obligations or
requirements are imposed upon Qwest by any third part or regulatory
agency in. connection with this Agreement, CLEC agrees to assist
Qwest in complying with _ such obligations and requirements, as
reasonably required by Qwest and to hold Qwest harmless for any
failure by CLEC in this regard. Qwests compliance with-any regulatory
filing obligation will not constitute a violation of this section. Each Party
wil use reasonable effort to' protect the other's 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 wil remain the property of the
disclosing Party. A Part who receives Confidentiallnformátion via an
oral communication may request written confirmation that the material
is Confidential Information. A Party who delivers Confiential
Information via an oral communication may request written
confirmation that the Party receiving the information understands that
the material is Confidential Information. Each Party has the right to
correct an inadvertent failure to identify information as Confidential
Information by giving written notification within thirt (30) Days after the
information is disclosed. The receiving Party will from that time
forward, treat such information as Confidential Information.
September 24, 20W/mms/Cordia/Qwest QLSpTM MSA - (v8-20-10)
(AZ=CDS-1 00924-0001); (CO=CDS-1 00924-0002); (IA=CDS-1 00924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (WA=CDS-100924-0008)
Page60f11
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
19.3 Upon request by the disclosing Party, the receiving Party wil
retum all tangible copies of Confidential Information, whether written,
graphic or.otherwise, .except that the receiving Party may retain one
copy for archival purposes.
19.4 Each Party wil keep all of the other Party's Confidential
Information confidential and wil disclose it on a need to know basis
only. Each Party wil use the other Party's Confidential Information
only in connection with this Agreement and in accordance with
Applicable Law. Neither Party wil use the other Part's Confidential
Information for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in writing. If
either Part loses, or makes an Unauthorized disclosure of, the other
Party's Confidential Information, it wil notify such other Part
immediately and use reasonable efforts to retrieve the information.
19.5 Effective Date of this Section. Notwithstanding any other
provision"of this Agreement, the Confidential Information provisions of
this Agreement apply to all information fumished by either Party to the
other in furtherance of the purpose 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 Party is entitled to,seek equitable relief, including injunctive
relief and specifc 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 Party'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 enforcé any right or remedy available to it under this
Agreement will be construed as a waiver of such right or a waiver of
any other provision hereunder.
21. Regulatory Approval. Each Party reserves its rights with
respect to whether this Agreement is subject to Sections 251 and 252
of the Act. In the event the FCC, a state commission or any other
govemmental authority or agency rejects or modifies any material
provision in this Agreement, whether by direct action or by virtue of
generic proceedings, including without limitation, any pricing terms,
either Part may immediately upon written 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 Party
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 fiing Part shall provide written notice to the other Part of
the existence of such lawful, binding order so that the other Part may
seek an injunction or other relief from such order. In addition, the filing
Party agrees to reasonably cooperate to amend and make
modifications to this Agreement to allow the fiing of this Agreement or
the sgecific part of this Agreement affected by the order to the extent
reasoriably necessary.
facsimile with electronic confirmation, or sent by certified mail, retum
receipt requested, or by email where specified in this Agreement to
Qwest and CLEC at the addresses shown on the cover sheet of this
Agreement. Notwithstanding anything herein to the contrary, Qwest
may provide riotice via email or by posting to Qwests website without
duplicate written notification for: (v) marketing notices; (w) notices
provided under Section 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 military authority, govemment
regulations, embargoes, epidemics, terrorist acts, riots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, power blackouts, volcanic action, other major
environmental disturbances, or unusually severe weather conditions
(each, a Force Majeure Event). Inabilty to secure products or services
of other Persons or transportation facilities or acts or omissions of
transportation carriers shall be considered Force Majeure Events to
the extent any delay or failure in performance caused by these
circumstances is beyond the Party's control and without that Party's
fault or negligence. The 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 Parties
agree to provide Service to each other at a level equivalent to the level
they provide themselves.
24. Governing Law. Colorado state law, without regard to
choice-of-Iaw principles, govems allmatters arising out of, or relating
to, this Agreement.
25. Dispute Resolution.
25.1 The Parties wil 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 Party 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 resolve the dispute. The, Parties intend
that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, frequency, duration, and
conclusions of these discussions will be at the discretion of the
representatives. By mutual agreement, the representatives may use
other procedures to assist in these negotiations. The discussions and
correspondence among the representatives for the purposes of these
negotiations wil be treated as Confidential Information developed for
purposes of settement, and wil be exempt from discovery and
production, and are not admissible in any subsequent proceedings
without the concurrence of both Parties.
25.2 If the designated representatives have not reached a
resolution of the dispute within frfeen (15) Days after the written notice
(or such longer period as agreed to in writing by the Parties), then
either Part may commence a civil action. Any action will be brought in
the United States District Court for the District of Colorado if it has
subject matter jurisdiction over the action, and shall otherwise be
brought in the Denver District Court for the State of Colorado. The
Parties agree that such courts have personal jurisdiction over them.
25.3. Waiver of Jury Trial and Class Action. Each Party, to the
extent permitted by law, knowingly, voluntarily, and intentionally waives
its right to a trial by jury arid any right to pursue any claim or action22. Notices. Any notices required by or concerning this
Agreement wil be in writing and wil be sufficiently given if delivered
personally, delivered by prepaid ovemight express service, sent by
September 24, 2010/mms/Cordia/Qwest QlSpTM MSA - (v8-20-10)
(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-100924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (WA=CDS-100924-0008)
Page 7 of 11
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
25.4 No cause of action regardless of the form of action, arising
out of, or relating to this Agreement, may be brought by either Party
more than two (2) years after the cause of action arises.
26. Headings. The headings used in this Agreement are for
convenience only and do not in any way limit or otherwise affect the
meaning of any terms of this Agreement.
27. Authorization. Each Party represents and warrants that:
A. the full legal name of the legal entity intended to provide and
receive the benefits and Services under this Agreement is
accurately set forth herein;
B. the person signing this Agreement has been duly authorized
to execute this Agreement on that Party's behalf;
C. the execution hereof is not in conflct with law, the terms of
any charter, bylaw, articles of association, or any agreement to
which such Party is bound or affected; and
D. each Party may act in reliance upon any instruction,
instrument, or signature reasonably believed by it to be authorized
and genuine.
28. . Third Part Beneficiaries. The terms, representations,
warranties and agreements of the Parties set forth in this Agreement
are not intended for, nor will they be for the benefi of or enforceable
by, any third part (including, without limitation, CLEC's Affliates and
End Users).
29. Insurance. Each Part shall at all times during the term of
this Agreement, at its own cost and expense, carr and maintain the
insurance coverage listed below with insurers having a "Best's" rating
of B+XIII with respect to liabilty arising frm its operations for which
that Part has assumed legal' responsibilty in this Agreement. If a
Party or its parent company ,has assets equal to or exceeding
$10,000,000,000, that Party may utilize an Affliate captive insurance
company in lieu of a "Best's" rated insurer. To tMe 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 Party
fails to meet such obligations.
29.1 Workers' Compensation with statutory limits as required in
the state of operation and Employers' Liability insurance with limits' of
not less than $100,000 each accident.
29.2 Commercial General Liabilty insurance covering claims for
bodily injury,. death, personal injury or propert damage, including
coverage for independent contractor's protection (required if any work
wil be subcontracted), products and/or completed operations and
contractual liabilty with respect to the liability assumed by each Part
hereunder. The limits of insurance shall not be less than $1,000,000
each occurrence and $2,000,000 general aggregate limit.
29.3 "All Risk" Property coverage on a full replacement cost basis
insuring all of such Party's personal propert situated on or withiri the
Premises.
2904 Each Party may be asked by the other to provide
certificate(s) of insurance evidencing coverage, and thereafter shall
provide such certificate(s) upon request. Such certificates shall:
A. name the other Party as an additional insured under
commercial general liabilty coverage;
.
B. provide thirt (30) Days prior written notice of cancellation of,
material change or exclusions in the policy(s) to which
certificate(s) relate;
C. indicate that coverage is primary and not excess of, or
contributory with, any other valid and collectible insurance
purchased by such Party; and
D. acknowledge severability of interest/cross liabilty coverage.
30. Communications Assistance Law Enforcement Act of
1994. Each Party represents and warrants that any equipment,
facilities or Services provided to the other Party under this Agreement
comply with the CALEA. Each Party wil indemnify and hold the other
Party harmless from any. and all penalties imposed upon the other
Part for such noncompliance and wil at; the non-compliant Party's
sole cost and expense, modify or replace any equipment,. facilties or
Services provided to the other Party under this Agreement to ensure
that such equipment, facilities and Services fully comply with CALEA.
31, Entire Agreement. This Agreement (including all
Attachments, Rate Sheets, and other documents referred to herein)
constitutes the full and entire understanding and agreement between
the Parties with regard to the subjects of this Agreement and
supersedes any prior understandings, agreements, or representations
by or between the Parties, written or oral, including but not limited to,
any term sheet or memorandum of understanding entered into by the
Pàrties,to the extent they relate in any way to the subjects of this
Agreement. Notwithstanding the foregoing, certin elements used in
combination with the Service provided under this Agreement are
provided by Owest to CLEC under the terms and conditions of its
interconnection agreement, 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 Party shall be responsible for obtaining and
maintaining Proof of Authorization (POA)" as required by applicable
federal and state law, as amended from time to time.
32.2 Each Part will make POAs available to the other Party upon
request. In the event of an allegation of an unauthorized change or
unauthorized service in accordance with Applicable Law, the Part
charged with the alleged infraction shall be responsible for resolving
such claim, and it shall indemnify and hold harmless the other Party for
any losses, damages, penalties, or other claims in connection with the
alleged unauthorized change or service.
33. General Terms.
33.1 Owest wil provide general repair and maintenance services
on its facilties, including those facilities supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Owest.
33.2 In order to maintain and modernize the network properly,
Owest may make necessary modifications and changes to its network
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Network maintenance and modernization
activities wil result in transmission parameters that are within
transmission limits of the Service ordered by CLEC. Owest will provide
advance notice of changes that affect network Interoperabilty pursuånt
to applicable FCC rules.
33.3 Network Security.
September 24, 2010/mms/Cordia/Qwest OLSpTM MSA - (v8-20-10)
(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-100924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (WA=CDS-100924-0008)
Page 8 of 11
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
A. Protection of Service and Propert. Each Part wil exercise
the same degree of care to prevent harm or damage to the other
Party and any third parties, its employees, agents or End User
Customers, or their propert as it employs to protect its own
employees, agents, End User Customers and property, , but in no
case less than a commercially reasonable degree of care.
(
B. In the event any suspect materials within Owest-owned,
operated or leased facilties are identified toCLEC by Owest to be
asbestos containing, CLEC will ensure that to the extent any
activities which it undertakes in the facilty disturb such suspect
materials, such CLEC activities will be in accordance with
Applicable Law, including without limitation, applicable local, state
and federal environmental and health and safety statutes and
regulations. Except for abatement activities undertaken by CLEC
or equipment placement activities that rèSult in the generation of
asbestos-containing material, CLEC does not have any
responsibilty for managing, nor is it the owner of, nor does it have
any liability for, or in connection with, any asbestos-containing
materiaL. Owest agrees to immediately notify CLEC if Owest
undertakes any asbestos control or asbestos abatement activities
that potentially could affect CLEC personnel, equipment or
operations, including, but not limited to, contamination of
equipment.
B. Each Party is responsible to provide security and privacy of
communications. This entails protecting the confidential nature of
Telecommunications transmissions between End User Customers
during technician work operations and at all times. Specifcally,
no employee, agent or representative shall monitor any circuits
except as required to repair or provide Service of any End User
Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or
who participated in such communications or even that such
communication has taken place. Violation of such security may
entail state and federal criminal penalties, as well as. civil
penalties. CLEC is responsible for covering its employees on
such security requirements and penalties.
C. The Parties' networks are part of the national security
network, and as such, are protected by federal law. Deliberate
sabotage or disablement of any portion of the underlying
equipment used to provide the network is a violation of federal
statutes with severe penalties, especially iri times of national
emergency or state of war. The Parties are responsible for their
employees with respect to such security requirements and
penalties.
D. Owest shall notbe liable for any losses, damages or other
claims, including, but not limited to, uncollectible or unbilable
revenues, resulting from accidental, erroneous, malicious,
fraudulent or otherwise unauthorized use of Services or facilties
('Unauthorized Use"), whether or not such Unauthorized Usecould have been reasonably prevented by Owest, except to the
extent Owest 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. Owest wil provide necessary construction
only to the extent required by Applicable Law.
33.5. Individual Case. Basis Requests. CLEC may 'request
additional Services not specified in this Agreement and Owest will
consider such requests on an Individual Case Basis.
33.6. Responsibilty For Environmental Contamination.
A. Neither Party shall be liable to the other for any costs
whatsoever resulting from the presence or release of any
Environmental Hazard that either Part did not introduce to the
affected work location. Each Part shall defend and hold
harmless the other Part and its respective officers, directors and
employees from and against any losses, damages, claims,
demands, suits, liabilities, fines, penalties and expenses
(including reasonable attorneys' fees) that arise out of or result
from:
1. any Environmental Hazard that the Indemnifying Party,
its contractors or agents introduce to the work locations; or
2. the presence or release of any Environmental Hazard
for which the Indemnifying Party is responsible under
Applicable Law.
September 24, 2010/mms/Cordia/Owest OLSpTM MSA - (v8-20-10)
(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-100924-0003); (ID=CDS-100924-o004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (WA=CDS-100924-0008)
Page 9 of 11
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITIONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), asamended. .
"Advanced Intellgent Network" or "AIN" is a Telecommunications network
architecture in Which call processing, call routing and network management
are provided by means of centralized databases.
"Affiliate" means a Person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the term 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 percent.
"Automatic Location Identification" or "ALI" is the automatic display at the
Public Safety Answering Point of the caller's telephone number, the
address/location of the telephone and supplementary emergency' services
information for Enhanced 911 (E911).
"Applicable Law" means all laws, statutes, common law including, but not
limited to, the Act, the regulations, rules, and final orders of the FCC, a
state regulatory authority, and any final orders and decisions of a court of
competent jurisdiction reviewing the regulations, rules, or orders of the
FCC or a state regulatory authority.
"Bil Date" means the date on which a Biling period ends, as identified on
the bilL.
"Biling" involves the provision of appropriate usage data by one
Telecommùnications Carrier to another to facilitate Customer Billng with
attendant acknowledgments and status reports. It also involves the
exchange of information between Telecommunications Carriers to process
claims and adjustments.
"Carrier" or "Common Carrier" See Telecommunications Carrer.
"Central Office" means a building or a space within a building where
transmission facilities or cir;:uits are connected or switched.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C.
Section 332. and FCC rules and orders interpreting that statute.
"Communications Assistance for Law Enforcement Act" or "CALEA" refers
to the duties and obligations of Carriers under Section 229 of the Act.
"Confidentiàl Information" means any information that is not generally
available to the public, whether ofa technical, business, or other nature
and that: (a) the receiving Party knows or has reason to know is
confidential, proprietary, or trade secret information of the disclosing Party;
and/or (b) is of such a nature that the receiving Party should reasonably
understand that the disclosing Part desires to protect such irtormation
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 Person purchasing a TelecommunicationS Service
or an information service of both from a Carrier.
"Day" means calendar days unless otherwise specified.
"Demarcation Point" is defined as the point at which the LEC ceases to
own or control Customer Premises wiring including without limitation inside
wiring.
"Directory Assistance Database" contains only those published and non-
listed telephone number listings obtained by Qwest from its own End User
Customers and other Telecommunications Carrers.
"Directory Assistance Service" includes, but is not limited to, making
available to callers, upon request, information contained in the Directory
Assistance Database. Directory Assistance Service includes, where
available, the option to complete the call at the caller's direction.
"Due Date" means the specific date on which the requested Service is to
be available to the CLEC or to CLEC's End User Customer, as applicable.
"End User Customer" means a third party retail Customer that subscribes
to a Telecommunications Service provided by either of the Parties or by
another Carrer or by two (2) or more Carriers.
"Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental. ResponseCompensation and Liability Act, Superfund Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
Occupational Safety and Health Act and provisions with similar purposes.in
applicable foreign, state and local jurisdictions) or (ii) poses risks to human
health, safety or the environment (including, without limitation, indoor,
outdoor or orbital space environments) and is regulated under any
Applicable Law.
"FCC" means th!' Federal Communications Commission.
"Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA
or Intra LATA Toll services.
"Line Information Database" or "L1DB" stores various telephone line
numbers and Special Billing Number (SBN) data used by operator services
systems to process and bil Alternately Billed Services (ABS) calls. The
operator' services system accesses L1DB data to provide originating line
(calling number), Billng number and terminating line (called number)
information. L1DB is used for callng card validation, fraud prevention,
Billng or service restrictions and the sub-account information to be
included on the calls Biling record. Telcordia's GR-446-CORE defines the
interface between the administration system and L1DB including specific
message formats (Telcordia's TR-NWP-000029, Section 10)..
"Line Side" refers to End Offce Switch connections that have been
programmed to treat the circuit as a local line Connected to a terminating
station (e.g., an End User Customer's telephone station set, a PBX,
answering machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carrier" or "LEC" means any Carrier that is engaged in
the provision of Telephone Exchange Service or Exchange Accss. Such
term does not include a Carrer insofar as such Carrier is engaged in the
provision of Commercial Mobile Radio Service under Section 332(c) of the
Act, except to the extent that the FCC finds that such service should be
included in the definition of such term.
"Loop" or "Unbundled Loop" is defined as a transmission facility between a
distribution frame (or its equivalent) in a Qwest Central Offce and the Loop
Demarcation Point at an End User Customer's Premises
"Local Service Request" or "LSR" means the industry standard forms and
supporting documentation used for ordering local services.
"Miscellaneous Charges" mean charges that Qwest may assess in addition
to recurring and nonrecurring rates set forth in the Rate Sheet, for activities
September 24, 2010/mmslCordia/Qwest QLSpTM MSA - (v8-20-10)
(AZ=CDS-100924-0001); (CO=CDS-100924-o002); (IA=CDS-100924-0003); (ID=CDS-100924-0004);
(MN=CDS-100924-o005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (WA=CDS-100924-0008)
Page 10 of 11
DocuSigo Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATIACHMENT 1- DEFINITIONS
CLEC requests Owest to perform, activities CLEC authorizes, or charges
that are a result of CLEC's actions, such as cancellation charges,
additional labor and maintenance. Miscellaneous Charges are not already
included in Owests recurring or nonrecurring ràtes. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Network Element" is a facility or equipment used in the provision of
Telecommunications Service or an information service or both. It also
. includes features, functions, and capabilties that are provided by means of
such facility or equipment, including subscriber numbers, databases,
signaling systems, and information suffcient for Billng and collection or
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 Owest, as
amended from time to time.
"Person" is a general term meaning an individual or association,
corporation, firm, joint-stock company, organization, partnership, trust or
any other form or kind of 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 facilities connected to the Central Offce Switch. Each
Line Side Port is typically associated with one or more telephone numbers
that serve as the Customer's network address.
"Premises" refers to Owests Central Offces and Serving Wire Centers; all
buildings or similar structures owned, leased, or otherwise controlled by
Owest that house its network facilities; all structures that house Owest
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 Owest that is adjacent to these Central
Offces, Wire Centers, buildings and structures.
"Proof of Authorization" or "POA" shall consist of verification of the End
User 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 party verification format.
"Provisioning" involves the exchange of information between
Telecommunications Carriers where one executes a request for a set of
products and services from the other with attendant acknowledgments and
status reports.
"Public Switched Network" includes all Switches and transmission facilties,
whether by wire or radio, provided by any Common Carrier. including LECs,
IXCs and CMRS providers that use the North American Numbering Plan in
connection with the provision of switched services.
"Serving Wire Centet' denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a particular
Customer Premises.
"Shared Transport" is defined as local interoffce transmission facilties
shared by more than one Carrier, including Owest, between End Offce
Switches, between End Offce Switches and Tandem Switches (local and
Access Tandem Switches), and between Tandem Switches within the
Local Callng Area, as described more fully in this Agreement.
"Switch" means a switching device employed by a Carrier within the Public
Switched Network. Switch includes but is not limited to End Offce
Switches, Tandem Switches, Access Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End OffcelTandem Switches.
"Switched Access Traffc," as specifically defined in Owests interstate
Switched Access Tariffs, is traffc that originates at one of the Party's End
User Customers and terminates at an IXC Point of Presence, or originates
at an IXC Point of Presence and terminates at one of the Part's End User
Customers, whether or not the traffc transits. the other Party's network.
"Tariff' as used throughout this Agreement refers to Owest interstate
Tariffs and state Tariffs, price lists, and price schedules.
"Telecommunications Carrier" means any provider of Telecommunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Act). A
Telecommùnications Carrier shall be treated as a Common Carrier under
the Act only to the extent that it is engaged in providing
Telecommunications Services, except that the FCC shall determine
whether the provision of fixed and mobile satellte service shall be treated
as common carriage.
"Telecommunications Services" means the offering of telecommunications
for a fee directly..o the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilities used.
"Telephone Exchange Service" means a Service within a telephone
exchange, or within a connected system of telephone exchanges within the
same exchange area operated to furnish to End User Customers
intercommunicating Servce of the character ordinarily fùrnished 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 Telecommunications Service.
"Trunk Side" refers to Switch connections that have been programmed to
treat the circuit as connected to another switching entity.
"Wire Center" denotes a building or space within a building that serves as
an aggregation point on a given Carriets network, where transmission
facilities are connected or switched. Wire Center can also denote a
building where one or more Central Offces, used for the provision of basic
exchange Telecommunications Services and accss Services, are located.
Terms not otherwise defined here but defined in the Act and the orders and
the rules implementing the Act or elsewhere in this Agreement, shall have
the meaning .defined there. The definition of terms that are included here
and are also defined in the Act, or its implementing orders or rules, are
intended to include the definition as set forth in the Act and the rules
implementing the Act.
September 24, 2010/mms/Cordia/Owest OLSpTM MSA - (v8-20-1 0)
(AZ;"CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-1 00924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); 0N A=CDS-1 00924-0008)
Page 11 of 11
OoSig Envelo'ID: EAC8AC.DCC4-42F3-9DA.7D95465F6611
Qwest Local Services Platform™ (QLSpTM) Rate Page -Idaho
Janua 4 2011 throu h Term*
109.8 Shared TransDf Purchased As Part of QLSP'"
109.8.1 QLSP'" Residential Business and PAL in ID-5 Per MOUI
109.8.2 QLSP'" Centrex, ISDN BRI. PAL In ID-N and PBX Analon Trunks IPer line/trunk
109.11 Local Swilchl¡¡Purchased As Part of QLSP'"
109.11.1 Port Basic Plan
109.11.1.1 Anal"" Port
1 09.11.1.2 Residential end user credit
1 09.11.1.3 Effective QLSP'" Residential Analnn Port
109.11.1.4 Di ital Port ISunnortinn BRIISDN
109.11.1.5 PBX DID Port
109.11.2 Intentionally Btank
$0.0011100
UGUST $0.35
$6.21
LAWUR $3.07
~3.14
$17.40
$7.30
$5.59
LAWUR $2.51
$3.08
$17.40
$7.30
$4.35
LAWUR $1.40
'2.95
'17.40
$7.30
109.11.3
109.11.4
109.11.5
109.11.6
Port 1190% YOY Volume Retention ptan Renulrements Ar Met
109.11.3.1 Analnn Port
109.11.3.2 Analoa Port Residential end user credit
109.11.3.3 Effective QLSP'" Residential Analnn Port
109.11.3.4 Di ital Port ISunoortinn BRIISDN
109.11.3.5 PBX DID Port
Intentlonall Blank
Port If 115% YOYVolume Grow Plan Renuirements Ar Met
109.11.5.1 Analnn Por
109.11 ;5.2 Analoa Port, Residential end user credit
109.11.5.3 Effeclive QLSP'" Residential Analoo Port
109.11.5.4 Di ital Port Suooortina BRIISDNI
109.11.5.5 PBX DID Port
Intentionallv Blank
109.11.7 Local Swilch Usa.,e
109.11.7,1 QLSP'" Residential. Business. and PAL in 10- Per MOU
109.11.7.2 QLSP'" Centrex. ISDN BRI. PAL in lOoN and PBX Analon Trunks Per Linelrunk
$0.001343
UGUFM $1.13
2
AZ8PS $75.00
DZR $10.00
MGN MWW $12.
AFYPS $85.00
ETVPB $8.00
F5GPG $2200.00
FIDONLY $5.00
NXBIISDN $5.ll
NA.FID $5.00
IDSNI
69B1X $5:00
69A $5.00
SEPFA $50.00
FSW $10.00
WUT $25.00
HYE HYS $160.00
NOUSOC $0.46
NSS $10.00
NSQ $10.00
NSK $10.00
NeE .$10.00
FKQPN, NSY $10.00
BUD $8.00
6MD $5.00
69D $5.00
RNN $5.00
AQWPS $90,00
GCN $8.00
HLN, HLA $8.00
MH5 $5.00
MHW $5.00
MOHPS $100.00
NHGPG,$10.00
NHGPN
PTQPG ICB
A9AEX P89 $20.00
MB1 $10.00
MFR $8.00
MV5 ICB
MHHPS $75.00
K7KPK $5.00
QT1PK $5.00
SR7CX 300.00
SEPSP,$165.00
SEPSR
CPK $8.00
ATBPS $125.00
A4T $1.00
ATB $1.00
BVS $100.00
MHM $6.00
$2.08
MB5XX ~1000.00
CPVWO $500.00
PTGPS $1500.00
MJJPK $5.00
109.11.8 Switch Features
109.11.8.1 Account Codes - Der Svstem
109.11.8;2 Attndant Access Une, oerStation Line
109.11.8.3 AudibleMessaneWalilno
109.11.8.4 AuthoiizationCodes,~ erSvstem
109.11.8.5 Automatic Line
109.11.8.6 Automatic Route Selectin ~ Common Eauioment, nef Sustem
109.11.8.7 CallDroD
109.11.8.8 Call Exclusion - Automatic
109.11.8.9 Call Exclusion. Manual
109.11.8.10 Call Forwardinn Busy Line -Incominn Onlv
109.11.8.11 Call Forwardinn Don~ Answer lacomlnn Onl
109.11.8.12 caii Forwrdinn: Busv Line I Don't Answer Proorammable Seivice Establishment
109.11.8.13 Call Forwardina: Don't Answer I Call Forwrdina Busv Customer Pronrammable. ner Line
109.11.8.14 Call Waitina Indication - oer Timin State
109.11.8.15 Centre Common EouiDment
109.11.8.16 CLSS. CaHrac" Per Occurrnce
109.11.8.17 CLASS. Continuous Redial
109.11.8.18 CLASS-LastCallRetum
109.11.8.19 CLASS-PrioritvCallna
109.11.8.20 CLASS. Selective Call Forwardinn
109.11.8.21 CLASS. Selective Call Rejection
109.11.8.22 Direct Station Seléction I Busv Lamn Field, nAr Arrnnøment
109.11.8.23 Directed Call PickuD with Barne-in
109.11.8.24 Directed Call Pickun without Bame.in
109.11.8.25 Distinctive Rlna/Distinctive Call Waitinn
109.11.8.26 ExPensive Route Waminn Tone nef Svitem
109.11.8.27 Gran Intercm
109.11.8.28 HotLine.perLine
109.11.8.29 Huntina: Multi osiüon Hunt Queuinn
109.11.8.30 Huntina: Multi ositon with Announcement in Queue
109.11.8.31 Huntina: Multi osition with Music in Queue
109.11.8.32 ISDN Short Hunt .
109.11.8.33 LòudsoeakerPa Ina. oerTrunk GrouD -
109.11.8.34 Make Busv Arn ements. Der Graue
109.11.8.35 Make Busv Arran ements. ocr Line
109.11.8.36 Messaae Center er Main Station Line
109.11.8.37 Messaae Waitine Visual
109.11.8.38 Music On Hold. Der SYStem
109.11.8.39 PrivacvReiease
109.11.8.40 QuervTime
109.11.8.41 SMDR'P . Archived Data
109.11.8.42 SMDR.P. Service Establishment Charge. initial Installation
109.11.8.43 Station Camo.On Seivica, oer Main Station
109.11.8.44 Time of Dav Contrl for ARS, oer Svsem
109.11.8.45 Time of Dav NCOS UDdate
10g, 11.8.46 Time of Dav Routino. Der Line
109.11.8.47 Trunk Verification from Desianated Station
109.11.8.48 UCD in Hunt Grouo. Der Line
Owesl Local Seivices Platform TM Agreement QLSpTM Raté Sheet-V1.2.3 04.11.08
DoSlgn Ene 10; EA34CSAe-C42F3-DA-7D965F6611
Qwest Local Servces Platfrm™ (QLSpTM) Rate Page . Idaho
J 42011th hT
109.11.8.49.5 Conference Callno - Preset M09PK $5.00
109.11.8.49.6 Conference Callin . Statia OIal IS-Wav\GVT I $5.00
I
109.11.9 Other I
109.11.9.1 Custom Number
109.11.9.1.1 Idaho North See Applicable Qwest Retail 6
Tarif, Catalo or Price List less
Discount (which wil be
provided pursuant to terms and
candltlons in CLEC's ICA).
109.11.9.1.2 Idaho South See Applii;bie owest Retail 6
Tariff, Catalog or Price List less
Discount (which will be
provided pursuant to terms and
canditions in CLEC's ieA).
109.11.9.2 PBX DID Comolex Translations 01 its Outoulsed Chanae Sianallna $15.22
109.11.9.3 PBX DID Comolex Translatins Sianalina Chanae $35.52
109.11.9.4 PBX DiD Block Comoromlse $25.53
109.11.9.5 PBX DID Group of 20 Numbers $31.36
109.11.9.6 PBX DID Resere SeQuential # Block $25.38
109.11.9.7 PBX DID Reserve NonseQuential Teleohone Numbers $23.67
109.11.9.8 PBX-DID Nonseuentlal Telephone Numbers $33.18
.109.11.10 Subseouent Order Charoe NHCUU $12.17 4
109.11.11 Qwest Corporation IQCI IntrLATA Toll LPIC 5123
109.11.11;Idaho North See Applicable Owest Retail 6
Tariff, Catalog or Price List less
Discount (which Will be
provided pursuant to. terms and
conditins in CLEC's ieA).
109.11.11.2 Idaho South See Applicable Owest Retail 6
Tariff, Catalog or Price List less.Discount (which wil be
provided pursuant to terms and
candltions in CLEC's ieA).
109.20 Miscellaneous Charges 5
109.0.1 Deslon . Nort
109.20.1.1 Maintenance of Servce
109.20.1.1.1 Basic
109.20.1.1.1.1 First Incrment MVXX ..
109.20.1.1.1.2 Each Additional Incrment MV1X ..
109.20.1.1.2 Overtime
109.20.1.1.2.1 First Increment MVWOX ..
109.20.1.1.2.2 Each Additional Increment MVW2X ..
109.20.1.1.3 Premium
109.20.1.1.3.1 First Increment MVPX ..
109.20.1.1.3.2 Each Additional Increment MVW3X ..
109.20.1.2 Ootlonal T estina i Additional Labor
109.20.1.2,1 Basic, First and Each Additional Increment OTNBX ..
109.20.1.2.2 Overtime, First and Each Additional Increment OTNOX ..
109.20.1.2.3 Premium; First and Each Additional Increment OTNPX ..
109.20.1.3 Disoatch Additional Dispatch - No trouble found VT6DC ..
109.20.1.4 Disoatch for Maintenance of Service- No Trouble Found VT6DM ..
109.20.2 Desian and Non-Dsian a North
109.20.2.1 Too Charae - Premises Visit Charae SCO -
109.20.2.2 Premises Work Chara
109.20.2.2.1 Basic
109.20.2.2.1.1 First Increment HRD11 ..
109.20.2.2.1.2 Each Additional Increment HRDA1 ..
109.20.2.2.2 Overtime
109.20.2.2.2.1 First Increment HRD12 ..
109.20.2.2.2.2 Each Additional Increment .HRDA2 ..
109.2u.2.2.3 Premium
109.20.2.2.3.1 First Increment HRD13 ..
109.20.2.2.3.2 Each Additional Increment HRDA3 ..
109.20.2.3 Network Premises Work Charae
109.20.2.3.1 Basic First Increment HRR11 ..
109.20.2.3.2 Basic Each Additional Increment HRRA1 ..
109.20.2.3.3 Overtime First Increment HRR12 ..
109.20.2.3.4 Overtime Each Additional Increment HRRA ..
109.20.2.3.5 Premium, First Increment HRR13 ..
109.20.2.3.6 Premium, Each Additonal Increment HRRA3 ..
109.20.2.4 DateChanae VT6DC ..
Desion Chance H28 ..
Exoedite Charae Per day advanced EODDB ..
Cancellation Charae NoUSOC ICB
109.20.3 Non.De$ian ~ South
109.20.3.1 Network Premises Work Charae
109.20.3.1.1 All Hours, 1st15 minutes HRH11 ..
Qwest Local Services Platform TM Agreement QLSp™ Rate Sheet-V1 .2.3 04.11.08
OocuSig Envelope 10: EA34CBAe-DC-42F3-0A-7D95465F6611
QwestLocal Servces Platform™ (QLSpTM) Rate Page -Idaho
Janua 4,2011 throu h Term"
109.20.3.1.2 All Hours next three 15 minutes HRHAl ..
109.20.3.1.3 All Hours, ea addt'I15 minutes HRDAl -
109.20.4 Deslnn . South
109.20.4.1 Maintenance of Service
109.20.4.1.1 Basic
109.20.4.1.1.1 First Increment MVWXl ..
109.20.4.1.1.2 Each Additionàllncrement MVW1X -
109.20.4.1.2 Overtime
109.20.4.1.2.1 First Increment MVWOX ..
.109.20.4.1.2.2 Each Additional Increment MV2X ..
109.20.4.1.3.1 Premium
109.20.4.1.3.1 First Increment MVWPX ..
109.20.4.1.3.2 Each Additional Incrment MVW3X ..
109.20.4.2 Ontìonal Testinn (Additional Labor
109.20.4.2.1 Basic First and Each Additonal Increment OTNBX ..
109.20.4.2.2 Overtime, First and Each AddiUonal Increment OTNOX ..
109.20.4.2.3 Premium, First and Each Additional Increment OTNPX ..
109.20.4.3 OisDatch Additional Disoatch - No trouble found VT6DC ..
109.20.4.4 Disoatch for Maintenance of Seiviee - No Trouble Found VT6DM ..
109.20.4.5 Network Premises Work Charae
109.20.4.5.1 Basic
109.20.2.5.1.1 First Increment HRH11 ..
109.20.2.5.1.2 Each Additional Increment HRHAl -
109.20.4.5.2 Overtime
109.20.2.5.2.1 First Increment HRH12 ..
109.20.2.5.2.2 Each Addltionallncrement HRHA ..
109.20.4.5.3 Premium
109.20.2.5.3.1 First Increment HRH13 ..
109.20.2.5.3.2 Each Additional-Increment HRHA3 ..
109.20.5 Deslon and Non-Desian - South
109.20.5.1 Trio Charae - Premises Visit Chame NRTCY ":
109.20.5.2 Premises Work Charae
109.20.5.2.1 Basic
109.20.5.2.1.1 First Increment HRDll ..
109.20.5.2.1.2 Each Additnal Increment HRDA1 ..
109.20.5.2.2 Overtime
109.20.5.2.2.1 First Increment HRD12 ..
109.20.5.2.2.2 Each Additional Increment HRDA2 ..
109.20.5,2.3 Premium
109.20.5.2.3.1 First Increment HRD13 -
109.20.5.2.3.2 Each Additional Increment HRDA3 ..
109.20.5.3 Date Chanae VT6DC ..
109.20.5.4 Deslon Chanoe H28 ..
109.20.5.5 Exoedite Charne, Perdavadvanced EODDB ..
109.20.5.6 Cancellation Charae NoUSOC ICB
109.23 QLSP 1M Installation and Conversion Nonrecurrina Charaes NRCs
109.23.1 - Conversion Nonrecurnna Charaes
109.23.1.1 QLSpTM Business Centrex PAL _ and PBX Ana'-o~- non-DID Trunks Residential
109.23.1.1.1 First Line (Mechanized URCCU $1.50
109.23.1.1.2 Each Additional Line (Mechanized URCCY $0.50
109.23.1.1.3 First.Line (Manual URCCV $15.00
109.23.1.1.4 Each Additional Line IManual URCCZ $3.00
109.23,1.2 QLSP" PBX DID Trunks
109.23.1.2.1 First Trunk URCCD $28.84
109.23.1.2.2 Each Additional .$2.73
109.23.1.3 QLSP" ISDNBRI
109.23.1.3.1 First URCCU $30.66
109.23.1.3.2 Each Additional $2.73
109.23.2 Installation Nonrecurrino Chames
109.23.2.1 QLSpTM Business Centrex PAL and PBX Analon non-DID Trunks Residential
109.23.2.1.1 First Line (Mechanized'NHCRA $50.00
109.23.2.1.2 Each Additional Line (Meçhanized\NHCRC $18.00
109.23.2.1.3 First Line (Manual NHCRB $75.00
109.23.2.1.4 Each Additional Line (Manual NHCRD $20.00
.
109.23.2.2 QLSP'" An.lon DID PBX Trunks $15.21
109.23.2.3 QLSP'" ISDN.BRI $272.98
109.23.3 Qwest A1N Features
109.23.3.1 Idaho North See Applicable Owest Retail 6
Tariff, Catalog or Price List less
Discount(which wil be
provided pursuant to tenrs and
conditins In CLEC's ICA).
Qwest Local Services Platform ™ Agreement QLSp™ Rate Sheet.V1.2.3 04.11.08
DoSign Envelope 10; EAcaAG-C4-42F3-0A.7D965F6611
See Applicable Owst etail
Tari, Catalog or Price List less
Discunt (which will be
provided pursuant to terms and
conditions in CLEC's ieA).
109.23.4 Qwest Voice Messa in Services
109.23.4.1 Idaho North See Applicable Qwest Retail
Tariff, Catalog or Price List less
Discount (which will be
provided pursuant to terms and
conditions in CLEC's ICA).
See Applicable Qwest Retail
Tari, Catalog or Price List less
Discount (which will be
provided pursuant to term and
conditions in CLEC's ICA).
6109.23.4.2 Idaho South
112 o erational Su art Sterns
112.1 Deve,loments and Enhancements er Local Selvlce Re uest112.2 On oin 0 erations, r Local Seivica Ruest
112.3 Daily Usage Records File, per Record
All charges and increments
equal the comparable charges
and increments provided in the
Owest Wholesale peAT.t!
Universal Service Order Codes (USOCs) have been provided in an effor to ease item description and USOC association with charges. In the event USOCs are inaccurate
or are revised, Qwest reseives the right to corrct the Rate Sheet. In the event of any signifcant change(s), notication will be provided via the standard notification process.
See Applicable Owest Retail Tari, Catalog or Price List for all charges and incrments.
QLSpTU Business and Residential servics utilize the same Class of Seivice and line Universal Service Order codes (USOCs). QLSpTM Residential seivices will be biled at
the Analog Port rate and only those lines that specifally qualify for and are identifed as serving a residential end-user customer by the presence of the tAWUR USOC wil
receive the Residential end user credit. .
2 QLSpTM service includes nondiscriminatory accss to all vertical switch features that are loaded in Qwest's End Offce Switch. See the peAT for all compatible and available
vertical switch features. Only vertical switch feature with Non-Recurrng, Recurrng, or Per Occurrence charges are listed. Non-Recurrng charges are applicable whenever a
feature is added - whether on new installation, conversion, or change order. activity. Those vertcal switch features not listed have a rate of $0 for Monthly Recurrng, Non-
Recurring, or Per Occurrnce charges. '
Resered for future use.
The Subsequent Order Charge is applicable on a per order basis when changes are reuested to existing service, including changing a telephone number, Initiating or
removing Suspension or -Seivice, - denying or restoring servce, adding, removing, or changing features, and other similar requests.
QLSpTM ISONBRI and PBX are "Design". Remaining QLSpTM services are IlNon~Design". AUcharges and increments shall be the same as the comparable charges andincrements provided in Qwest Retail Tariffs, Catalogs, or Price Lists-and are subject to change based on changes in those underlying Qwest Retail Tariffs, Catalogs, or Price
Lists. In the event a rate changes, notifcation wil be provided-via the standard notication process.
Where the seivice has been deemed to be a Telecommunications Service, the Discunt will be provided pursuant to CLEe's ieA. Where the seivic is not a
Telecommunicatins Service, the discount wil be 18%.
Qwest Local Services Platform ™ Agreement OLSpTM Rate Sheet-Vl.2.3 04.11,08
DocuSign Envelope JD: 09FDEABA-7F83-4FF5-8BF9-712EA3AE8040
1.2
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
1.0 Qwest wil provide Qwest Local Services Platform~
("QLS~) Services according to the terms and conditionsset forth in the QLSP Agreement between the Parties (the
"Agreement") and in this Attachment 2 to the Agreement,
which is incorporati;d into and made a part of the Agreement
(this "Attchment"). Except as otherwise set forth in thisAttachment, capitalized terms used but not otherwise
defined herein have the definitions assigned to them in the
Agreement. CLEC may use QLSP Services to provide any
Telecommunications Services, information services (or both)
that CLEC chooses to offer to the extent that such services
are granted herein or not limited hereby.
("UNE") Loops under Section 251(c)(3) of the Act in its
Report and Order-Petition of Qwest Corporation for
Forbearance Pursuant to 47 U.S.C. § 160(c) in the Omaha
Metropolitan Statistical Area, FCC 05-170, WC Docket No.
04-223, (effective September 16, 2005), Qwest will provide
to CLEC the Loop element of QLSP Services purchased in
the following nine Omaha Nebraska Wire Centers under the
terms and conditions of the Agreement and this Attchment
at Rates provided in the Rate Sheet: Omaha Douglas;
Omaha Izard Street; Omaha 90th Street; Omaha Fort Street;
Omaha Fowler Street; Omaha a Street; Omaha 78th Street;
Omaha 135th Street; and Omaha 156th Street.
1.1 General QLSP Service Description.1.2.2 The following QLSP Service types wil be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(including Centrex 21); Centrex Plus; Centron in Minnesota
only; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP ResidentiaL.
1.1.1 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Advanced
Intellgent Network ("AIN") Services, e.g., remote access
forwarding, and Qwest Voice Messaging Services ("VMS")
may also be purchased with compatible QLSP Services.
These Network Elements will be provided in compliance with
all Telcordia and other industry standards and technical and
performance specifications to allow CLEC to combine the
QLSP . Services with a compatible voicemail product andstutter dial tone. Qwest wil provide access to 911
emergency services and directory listings in accordance with
the terms and conditions of CLEC's interconnection
agreements ("ICAs"), except that the business end user rate
in the applicable tariff applies to all end user premium and
privacy directory listings (with the exception of residential
additional listings, i.e., USOC RL T) . when services are
provisioned to CLEC under this Agreement whether CLEC's
end user is a residential end user or a business end user.
As part of the QLSP Service, Qwest combines the Network
Elements that make up QLSP Service with analog/digital
capable Loops, with such Loops (including services such as
line splitting) being provided in accordance with the rates,
terms and conditions of the CLEC's ICAs. CLEC may also
purchase Qwest Commercial High Speed Internet (HSI)
Service (also known as Qwest Digital SubscriberLine~
(DSL)), under a separate Servicès agreement, to be used
with compatible QLSP Service.
1.2.3 QLSP PBX Analog 2-Way DID Trunks wil be
combined with 4 wire loops.
u Local Switching. The Local Switching Network Element
("Local Switching") is collectively the Line Side and Trunk
Side facilties in the local serving Qwest end offce Switch
which provides the basic switching func:ion, the port, plus
the features, functions, and capabilities of the switch
including all compatible, available, and loaded vertical
features (e.g., anonymous call rejection) that are loaded in
that switch. Vertical features are softare attributes on end
offce Switches and are listed on the Qwest wholesale
website. Qwest signaling is provided with Local Switching
solely as described in Section 1.4.2 of this Attachment. The
following Local Switching ports are available with QLSP
Service: Analog Line Ports, Digital Line Ports Supporting
, Basic Rate Interface-Integrated Services Digital Network
("BRI ISDN"), and Analog Trunk Ports.
1.3.1 Analog Line Port. Line Port attributes include:
telephone number;, dial tone; signaling (Loop or ground
start); on/off hook detection; audible and power ringing;
Automatic Message Accunting (AMA Recording); and
blocking options.
1.1.2 QLSP Service is available in six different service
arrangements, each of which is described more fully below:
QLSP Residential; QLSP Business; QLSP Centrex
(including Centrex 21, Centrex Plus and, in Minnesota only,Centron); QLSP ISDN BRI; QLSP Public Access Lines
("PAL"); QLSP PBX Analog DID and non-DID (one way and
two way) trunks.
1.3.2 Digital Line Port Supporting BRI ISDN. BRI ISDN
is a digital architecture that provides integrated voice and
data capabilty (2 wire). A BRI ISDN Port is a Digital.2B+D
(2 Bearer Channels for voice or data and 1 Delta Channel forsignaling and D Channel Packet) Line Side Switch
connection with BRI ISDN voice and data basic elements.
For flexibility and customization, optional features can be
added. BRI ISDN Port does not offer B Channel Packet
service capabilties. Thè serving arrangement conforms to
the intemationally developed, published, and recognized
standards generated by International Telegraph and
Telephone Union (formerly CCITT).
1.1.3 Nothing' in this Attachment or the Agreementprecludes Qwest from withdrawing availabilty of
comparable, functionally equivalent services from its retail
end user customers. In the event of such withdrawal or
discontinuation, Qwest may also withdraw availabilty of the
equivalent QLSP Service.
Combination of QLSP Service with Loops. Except as
described below, the Loop wil be provided by Qwest under
the applicable ICAs in effect between Qwest and CLEC at
the time the order is placed. As part of the QLSP Service,
Qwest will combine the Local Switching and Shared
Transport Network Elements with the Loop.
1.2.1 Pursuant to the order iiSsued by the FCC
pertining to the availability of Unbundled Network Element
1.3.3 Analog Trunk Port. DSO analog trunk Port can be
configured as DID, DOD, and two"way.
1.3.3.1 Analog trunk Ports provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or
4-Wire connections. This Trunk Side connection
inherently includes hunting within the trunk group.
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Office. For 2-Wire service, the trunks are
9-21-10/caclNorthstar Telecom - Attchment 2 - QLSPiI - (v8-20-10) . 1
AZ-100921-0018; CO-100921-0019; ID-100921-0020; IA-100921-0021; MN-100921-0022; MT-100921-023; ND-100921-D024; NE-100921-D025;
NM-100921-0026; OR-100921-0027; WA-100921-0028; WY-100921-0029
DocuSign Envelope ID: 09FDEABA-7F83-4FF5-8BF9-712EA3AE8040
QWEST LOCAL SERVICES PLATFORM(ß AGREEMENT
ATTACHMENT 2-QLSP(ß Service Description
converted at the End User Customets location.1 A.5 The ICNAM database is used with certain end
offce Switch features to provide the callng party's name to
CLEC's End User Customer with the applicable feature
capabilty. The ICNAM database contains current listed
name data by working telephone number servèd or
administered by Qwest, including listed name data provided
by other Telecommunications Carrers participating in
Qwests callng name delivery service arrangement.
1.3.3.3. Two-way analog DID trunks are capable of
initiating out going calls, and may be equipped with
either rotary or touch-tone (DTMF) for this purpose.
When the trunk is equipped with DID call trnsfer
feature, both the trunk an,i telephone instruments
must be equipped with DTMF.
1.3.3A Two-way analog DID trunks require E&M
signalìng. 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 wil be
handled as a special assembly request on an
Individual Case Basis.
1,46 Qwest wil provide the listed name of the callng
part that relates to the callng telephone number (when the
information is actually available in Qwests database ànd the
delivery is not blocked or otherwise limited by the callng
part or other appropriate request).
1.3A Usage. Local Switching Usage is billed on a
Minute of Use ("MOU" basis as described within this
Attchment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
1A.7 For CLEC's QLSP End User Customers, Qwest
will load and update CLEC's QLSP End User Customers'
name information into the L1DB and ICNAM databases from
CLEC's completed service orders. CLEC is responsible for
the accuracy of its End User Customers' information.
1A Vertical Features and Ancilary Functions and Services.1 A.8 Qwest wil exercise reasonable efforts to provide
accurate and complete L1DB and ICNAM information. The
information is provided on an ascis basis with all faults.
Qwest does not warrant or guarantee the correctness or the
completeness of such information; however, Qwest wil
access the same database for CLEC's QLSP End User
Customers as Qwest accesses for its own End User
Customers. Qwest wil not be liable for system outage or
inaccessibility or for losses arising.from the authorized use of
the data by CLEC.
1 A.1 QLSP Service includes nondiscriminatory access to
all vertical features that are loaded in the Local serving
Qwest end offce switch.
1 A.2 Local Switching includes use of Qwests signaling
network (IS UP call set-up) solely for Local Traffc. "Local
Traffc" and "Local Calls" means calls that originate and
terminate within the Local Callng Area as defined in the
Qwest tariff. Qwest wil provide service control points in the
same ,manner, and via the same signaling links, as Qwest
uses such service control points and signaling 'links to
provide service to its End User Customers served by. that
switch. Qwests call related databases include the Line
Information Database (L1DB), Intemetwork Calling Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portability Database. CLEC
wil not have access to Qwests AIN-based services that
qualify for proprietary treatment, except as expressly
provided for .in the Agreement or this Attchment. Local
Switching does not include use of Qwests signaling network
for Toll Traffc. "Toll Traffc" and "Toll Calls" means intra local
access and transport area ("LATA") or interLATA calls that
originate and terminate outside of the Local Callng Area as
defined in the Qwest tariff. For all Toll Traffc originated by
or terminated to CLEC's QLSP End User Customer, Qwest
may bil applicable tariff charges, including SS7 message
charges (ISDN User Part (ISUP) and Transaction
Capabilties Application Part (TCAP)), to the Interexchange
Carrier (IXC) or other wholesale SS7 provider.
1 A.9 Qwest wil 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 access to Qwests L1DB database and ICNAM
database as part of the delivery of QLSP Service.
1.5.1 Shared Transport. The Shared Transport
Network Element ("Shared Transport") provides the
collective interoffice transmission facilities,shared by various
Carriers (including Qwest) between end-offce switches and
between end-offce switches and local tandem switches
within the Local Callng Area. Shared Transport uses the
existing routing tables resident in Qwest switches to carr
the End User Customer's originating ànd terminating
local/extended area service interoffce Local traffc on the
Qwest interoffce message trunk network. CLEC traffc will
be carried on the same transmission facilties between end-
offce switches, between end-offce' switches and tandem
switches and between tandem switches on the same
network facilties that Qwest uses for its own traffc. Shared
Transport does not include use of tandem switches or
transport between tandem switches and end-offce switches
for Local Calls that originate from end users served by non-
Qwest Telecommunications Carriers ("Carrier(s)" which
terminate to QLSP End Users.
1AA The L1DB database contains the following data:
various telephone line numbers and special. biling number
(SBN) data; originating line (callng number); biling number
and terminating line (called number) information; callng card
validation; fraud prevention; Biling or service restrictions;
sub-account information to be included on the call's Billing
record; and calling card, biled to third number, and collect
call information used in processing Alternately Biled
Services (ABS).
1.5.2 Originating Toll Calls from, and terminating Toll
Calls to, QLSP End Users wil be delivered to/from the
designated IXCs from the Qwest end-offce switches and
access tandems. Use of access tandem switches are not
included in the Agreement or this Attachment and access
tandem charges, if any, may be biled by Qwest to the IXC(s)
under the applicable access tariff.
9-21-10/caclNorthstar Telecom - Attachment 2 - QLSP(ß- (v8-20-10) 2
AZ-100921-0018; CO-100921-0019; ID-100921-0020; IA-100921-0021; MN-100921-0022; MT-100921-0023; ND-100921-0024; NE-100921-0025;
NM-100921-0026; OR-100921-0027; WA-100921-0028; WY-100921-0029
DocuSign Envelope 10: 09FDEABA-7F83-4FF5-8BF9-712EA3AE8040
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
1.5.3 IntraLATA and InterLATA Carrier Designation.
QLSP includes the capability for selection of the interLATA
and intraLATA 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
interLATA and intra LATA Services. All CLEC initiated PIC
changes will be in accordance with all Applicable Laws, rules
and regulations. Qwest wil not be liable for CLEC's
improper PIC change requests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrier (ULPIC") 5123. Qwest does not
authorize CLEC to offer, request, or select Qwest LPIC 5123
service to CLEC's End User Customers for intra LATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwest LPIC 5123 to CLEC's End User
Customers, Qwest wil bil CLEC and CLEe wil pay Qwest
the rates contained or referenced in the attached Rate
Sheet.
1.6.5 QLSP PBX is available to CLEC for CLEC's
business End User Customers.
1.6.5.1 PBX analog non-DID trunks are combinations
of an analog Line Side Port and Shared Transport
provided under the Agreement with an analog - 2 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in the Agreement.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 2 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in the Agreement.
1.5.5 Usage. Shared Transport is biled on a MOU
basis as described within this Attachment. Rates for
"Shared Transport Usage" or "Shared Transport MOUs" are
provided in the QLSP Rate Sheet.
1.6.5.3 PBX with analog 2- way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 4 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6 QLSP Service Arangement Descriptions.1.6.6 QLSP Rèsidential is available to CLEC for CLEC's
residential End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except as
otherwse provided for in the Agreement. QLSP Residential
may be ordered and provisioned only for residential End
Ùser Customer application. The definition of residential
service is the same as in Qwests retail tariff as applied to
Qwests End User Customers.
1.6.1 QLSP Business is available to CLEC for CLEC's
business End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except for those
Loops that are otherwise provided for in the Agreement.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Services
include Centrex 21, Centrex Plus and, in Minnesota only,
Centron, . and are the combination of an analog Line Side
Port and Shared Transport provided under the Agreement
with an analog - 2 wire voice grade Loop provided in
accordance with CLEC's ICAs, except for those Loops that
are otherwise provided for in the Agreement.
1.6.6.1 In order for CLEC to receive QLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must identify
residential end users by working telephone number
(WTN) utilzing the LSR process as described in the
Qwest wholesale website.
1.6.2.1 CLECmay request a conversion from Centrex
21, Centrex-Plus or Centron service to QLSP Business or
QLSP ResidentiaL. The Conversion NRC(s) provided in
the Rate Sheet wil apply.
2.0 Additional Terms and Conditions and Service Features.
2.1 Qwest does not warrant the availabilty of facilities at any
serving wire center. QLSP Services wil not be availablè if
facilties are not available. Qwest represents and warrants
that it wil not otherwse restrict facilities èligible to provide
QLSP Service and that any and all facilities that would
otherwse be available for retail service to a Qwest End User
Customer wil be considered eligible for use by CLEC for
QLSP Service to serve that same End User Customer.
1.6.2.2 Qwest wil provide access to Customer
Management System (CMS) with QLSP-Centrex 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 (supporting BRI ISDN), and Shared Transport
provided under the Agreement with a Basic Rate ISDN-
capable Loop provided in aecordance with CLEC's ICAs,
except for those Loops that are otherwise provided for in the
Agreement.
2.2 Loop Start (ULPS") to Ground Start (uGST") and GST to
LST Changes (ULPS/GST Change") are available with
QLSP Servces. POTS Services (e.g., a QLSP Centrex 21
line) can functionally and operationally be provisioned as
either LPS or GST. Unless specifically requested otherwise,
Qwest provisions POTS Services as LPS. GST is generally
provisioned for Private Branch Exchange ("PBX") type
services. LPS/GST Changes allow theCLEC to request a
facility served by LPS to be changed to GST or vice versa.
Additional information and ordering requirements are
detailed on the Qwest Wholesale website.
1.6.4 QLSP PAL is available to CLEC for only CLEC's
Payphone Service Providers (PSPs) and is the combination
of an analog Line Side Port and Shared Transport provided
under the Agreement with an analog - 2 wire voice grade
Loop provided in accordance with CLEC's ICAs, except for
those Loops that are otherwise provided for in the
Agreement.
9-21-10/caclNortstar Telecom - Attachment 2 - QLSPiI - (v8-20-10) 3
AZ-100921-0018; CO-100921-0019; 10-100921-0020; IA-100921-0021; MN-100921-0022; MT-100921-0023; ND-100921-0024; NE-100921-0025;
NM-100921-0026; OR-100921-0027; WA-100921-0028; WY-100921-0029
DocuSign Envelope ID: 09FDEABA-7F83-4FF5-8BF9-712EA3AE8040
QWEST LOCAL SERVICES PLATFORM49 AGREEMENT
ATTACHMENT 2-QLSP49 Service Description
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
requesting LPS/GST Changes.
Daily Usage Feed (DUF), Qwest wil provide to CLEC
certain originating and terminating call records ("usage
information") generated by CLEC's QLSP end user via a
DUF.
3.3
3.4
2.8 Nothing in the Agreement alters or affects CLEC's right to
receive any applicable universal service subsidy or otl)er
similar payments.
2.3.1 Qwest wil provide to CLEC Local Call usage
information within Qwests control with respect to calls
originated by or terminated to CLEC QLSP End User
Customers in the form of the actual information that is
comparable to the information Qwest uses to bil its own End
User Customers.
2.3.2 Qwest wil provide to CLEC usage information
necessary for CLEC to bil for interLATA and intraLATA
exchange access to the IXC (excluding intraLATA usage
information if Qwest LPIC 5123 is selected as the intra LATA
Toll provider) in the form of either the actual usage or a
negotiated or approved surrogate for this information, as
such biling is described and allowed under section 3.7 .of
this Attachment. These exchange accéss records will be
provided as Category 11 EMI records via the DUF.
2.3.3 Qwest wil provide DUF records for the following:
all usage occurrences bilable .to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrupt (BLI);
originating local usage; usage sensitive CLASS features;
and Qwest-provided intra LATA toll.
2.3.4 Local Call usage records wil be provided as
Category 01 or Category 10 EMI records via the DUF.
Terminating Local Call usage records are not collected or
available and will not be provided.
2.4 Feature and interLATA or intraLATA PIC changes or
additions for QLSP, will be processed concurrently with the
QLSP order as specified by CLEC.
2.9 Qwest Operator Services and Directory Assistance Services
are provided under the terms and conditions of CLEC's
ICAs.
2.5 Access to 911/E911 emergency Services for CLEC's End
User Customers will be available in accordance with CLEC's
I CAs. If Qwest is no longer obligated to provide access to
911/E911 emergency services in accordance with 47 U.S.C.
§251, Qwest wil then provide such services under the
Agreement with respect to all CLEC QLSP Service End User
Customers and new QLSP Service End User Customers, to
the same degree and extent that 911/E911 emergency
services were provided by Qwest prior to the elimination of
911/E911 emergency services as an obligation under 47
U.S.C. §251.
3.0 Rates and Charges.
2.6 Qwest AIN and VMS are offered on a commercial basis and
may be purchased with QLSP at the rates set forth in the
attached Rate Sheet. Retail promotions may not be
combined with QLSP.
3.1 The recurring ("MRC") and NRC rates for QLSP Services
and all associated QLSP applicable usage-based rates and
miscellaneous charges are set fórth or incorporated by
reference into the attached QLSP Rate Sheets. Rates for
QLSP Services are in addition to the applicable rates for
elements and Services provided under CLEC's ICAs.
Applicable intercarrier compensation rates and charges
(such as access charges, reciprocal compensation, and
other charges for elements and services) are applicable and
are provided under a separate Agreement or Tariff.
2.7 If Qwest develops and deploys new local switch features for
its End User Customers, those switch features wil be
available with QLSP Service in the same areas and subject
to the same limitations. The rates that Qwest charges for
such new local switch features wil not in any case be higher
than the retail rate Qwest charges for such features.
3.2 QLSP rates Effctive Date through Term. Starting on the
Effective Date of the Agreemerl, rates for the Service will be
those provided or referenced in the attached Rate Sheet.
The MRCs for the switch port wil be adjusted annually,
effective January 1 of each year through the term of the
Agreement. CLEC is eligible for and wil receive discounts
on the Basic Plan switch port MRCs if it meets the volume
plans described below. Discounts are not cumulative and
Qwest wil apply the highest discount rate for which CLEC
qualifies. Basic Plan MRCs wil apply if CLEC does not
qualify for any discount.
Cl
3.2.1 90% YOY Volume Retention Plan: If the
number of CLEC's QLSP total lines as of October 31 of
each year equals or exceeds 90% of the sum of
CLEC's QLSP total lines as of October 31 of the
preceding year, CLEC wil qualify for a 10% discount off
of the Business Port and a 2% discount off of the
Residential Port MRCs applicable during the next
calendar year.
3.2.4 115% YOY Volume Growth Plan: If the
number of CLEC's total QLSP lines as of October 31 of
each year equals or exceeds 115% of the sum of
CLEC's total QLSP lines as of October 31 of the
preceding year, and the YOY line increase is equal to
, or greater than one thousand five hundred (1,500)
QLSP lines, CLEC wil qualify for a 30% discount off of
the Business Port MRCs and a 6% discount off of the
Residential Port MRCs applicable during the next
calendar year.
For purposes of counting CLEC's total QLSP lines in section
3.2 as of October 31 of each year, Qwest wil include all
QLSP lines, if any, from the previous year. For example, to
determine 2011 QLSP rates, Qwest will use the total number
ofCLEC's QLSP lines as of October 31, 2009 compared to
CLEC's total number of QLSP lines as of October 31, 2010
in order to calculate CLEC's discount eligibilty on January 4,
2011. Each subsequent adjustment wil be efective on each
January 1 during the term of the Agreement.
Except as otherwse provided herein, the Loop element
combined with a QLSP Service wil be provided in
9-21-10/caclNorthstar Telecom - Attachment 2 - QLSP49 - (v8-20-10) 4
AZ-100921-0018; CO-100921-D019; ID-100921-0020; IA-100921-0021; MN-100921-0022; MT-100921-0023; ND-100921-0024; NE-100921-0025;
NM-100921-0026; OR-100921-0027; WA-100921-0028; WY-100921-0029
DocuSign Envelope ID: 09FDEABA-7F83-4FF5-8BF9-712EA3AE8040
QWEST LOCAL SERVICES PLATFORMdi AGREEMENT
ATTACHMENT 2-QLSPdi Service Description
accordance with CLEC's ICAs with Qwest at the rates set
forth in those ICAs.
3.4.1 Loops provided under the Agreement. Upon
thirt (30) Days notice via the standard commercial
notification process, Qwest may change monthly recurring
charges for the Omaha, Nebraska Loop elements provided
under the Agreement. Additionally, notwithstanding the
. rates reflected in the Nebraska QLSP Rate Sheet, the
Parties understand and ågree that Qwest has the right to
adjust commercial port rates in Nebraska after the Nebraska
PSC issues a final order related to Application No.
C-3554/PI-112 and CLEe's continued use of any Services in
Nebraska constitutes its acceptance of such updated rates.
3.5 CLEC wil be responsible for billng its QLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statute, regulation or as otherwise
required.
3.6 CLEC will pay Qwest the PiC change charge associated with
CLEC End User Customer changes of interLATA or
intraLATA Carriers. Any change in CLEC's End User
Customers' interLATA or intra LATA Carrer must be
requested by GLEC on behalf of its End User Customer.
3.7 Intercarrier Compensation, Except as specifically
described in this Section, the Agreement does not change or
amend applicable intercarrier compensation arrangements
(including but not limited to Switched Access, Signaling, orTransit charges) between any parties, including between
Qwest and Carriers or IXCs.
3.7.1 Switched Access, For QLSP End User
Customer(s), Qwest wil not charge to or collect from the IXC
usage based end office and loop Switched Access charges
(such as Switched Access Local Switching, End Offce
Shared Port, Tandem Transmission and Carrier Common
Line) for InterLATA or IntraLATA Toll Calls originating or
terminating from that QLSP End User Customer's line to an
IXC.
3.7.2 Signaling. Qwest retains its rights to charge IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as L1DB,
ICNAM and 8XX) associated with interLAtA and intra LATA
Toll Calls originated by or terminated to a QLSP End User
under the applicable Tariff.
3.7.3 Transit. For any call originated by an end user
served by a Carrier that routes through Qwests network and
which terminates to a QLSP End User, Qwest. retains its
rights to bil the originating Carrier Transit charges for that
call under the originating Carrier's Agreement.
3.7.4 Other. Qwest retains its rights to billXCs or other
Carriers, as applicable, any and all other access charges
and assessments not expressly addressed in this section,
including but not limited to flat rate transport charges, in
accordance with the applicable Tariff
3.8 Local Switching Usage and Shared Transport Minute of
Use (MOU) This section describes 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 Section
1.4.2 of this Attachment.
3.9
3.8.1 Originating IntraOffce Local Calls - This
originating Local Call requires switching by the local serving
Qwest end offce Switch only. When this call type is
originated by a QLSP End User, Local Switch Usage
charges provided in the QLSP Rate Sheet wil apply. For
these call types that also terminate to an end user served by
a Carrier, Qwest may pay that Carrier certain terminating
compensation charges under terms and conditions of a
separate ICA.
3.8.2 Originating InterOffice Local Calls. This
originating Local Call requires switching. by the local serving
Qwest end offce and other interoffce switching for Local
traffc. When this call type is originated by aQLSP end user,
Local Switch Usage per MOU and Shared Transport per
MOU charges provided in the Rate Sheet wil apply. For
these call types that also terminate to an end user served by
a non-Qwest Carrier, Qwest may .pay that Carrier certain
terminating compensation charges under terms and
conditions of a separate ICA
3.8.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local serving Qwest end offce. .
If the QLSP End User's selected IXC does not have direct
trunking to the local serving Qwest end offce, Shared
Transport is required to deliver that call to the Access
Tandem for delivery to the IXC. When this call type is
originated by a QLSP end user, Local Switch Usage
provided in the QLSP Rate Sheet applies. Additionally, if
Shared Transport is necessary to deliver the call to the
Access Tandem, Shared Transport Usage charges provided
in the QLSP Rate Sheet wil apply. For these call types that
require Shared Transport, Qwest retains its rights to bil the
IXC for Tandem elements under the Tariff.
3.8.4 Terminating IntraOffce and InterOffice Local
Calls. This terminating Local Call requires switching by the
local serving Qwest end offce and in certain instances other
interoffce switching within the Local Callng area. When a
call is terminated to a QLSP end user, no charges wil apply
under QLSP. For these call types that originate from an end
user served by a Carrier, Qwest retains its rights to bil that
Carrier certain Transit charges as described in Section 3.7
above.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
Call always requires switching by the local serving Qwest
end offce. If the originating caller's IXC does not have direct
trunking to the QLSP end user's local serving Qwest end
office switch, Shared Transport is required to terminate the
call to the receiving QLSP end user. When this call tye is
terminated to a QLSP end user, Local Switch Usage
charges provided in the Rate Sheet will apply. Additionally,
if Shared Transport is necessary to deliver the call to the
QLSP end user from the.access tandem, Shared Transport
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, 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 1.5.4above.
Qwest will have a reasonable amount of time to implement
system or other changes necessary to bil CLEC for rates or
charges associated with QLSP Services
9-21-10/cac/Northstar Telecom - Attachment 2 - QLSPdi- (v8-20-10) 5
AZ-100921-0018; CO-100921-0019; 10-100921-0020; IA-100921-0021; MN-100921-0022; MT-100921-0023; ND-100921-0024; NE-100921.0025;
NM-100921-0026; OR-100921-0027; WA-100921-0028; WY-100921-0029
DocuSign Envelope ID: 09FDEABA-7F83-4FF5-8BF9-712EA3AE8040
6.0
6.1
QWEST LOCAL SERVICES PLATFORMQ9 AGREEMENT
ATTACHMENT 2-QLSPQ9 Service Description
3.10 QLSP Services have a one-monlh minimum service period
requirement for each CLEC End User Customer. The one-
month minimum service period is the period of time that
CLEC is required to pay 100% of the MRC for the Service
even if CLEC does not retain Service for the entire month.
QLSP Services are biled month to month and wil after the
one month minimum service period is satisfied be pro-rated
for partial months based on the number of days Service was
provided.
6.2 Qwest wil provide general repair and maintenance Services
on its facilties, including those facilties supporting QLSP
Servces purchased by CLEC. Qwest wil repair and restore
any equipment or any other maintainable component that
adversely impacts CLEC'suse of QLSP Service. Qwest and
CLEC wil cooperate with each other to implement
procedures and processes for handling service-affecting
events. There wil be no charge for the Services provided
under this Section 6, except as set forth in the Rate Sheet.
3.11 The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing service,
including changing a telephone number, initiating or
removing suspension of Service, denying or restoring
service, adding, removing or changing features, and other
similar requests.
7.0 Commercial Performance Measures and Reporting,
Performance Targets and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
indicated on Signature Page).
Each Party wil provide suitably qualified personnel to
perform its obligations under the Agreement and all QLSP
Services in a timely and effcient manner with diligence and
care, consistent with the professional standards of practice
in the industry, and in conformance with Applicable Law.
The QLSP Service attributes and process enhancements are
not subject to the Change Management Process ("CMP").
CLEC proposed changes to QLSP Service attributes and
process enhancements wil be communicated through the
standard account interfaces. Change requests common to
shared systems and processes subject to CMP wil continue
to be addressed via the CMP procedures.
4.0 Systems and Interfaces,
7.1
7.2 Owest will provide commercial performance measurements
and reportng against established performance targets with
QLSP Service. The following performance measurements
will apply to QLSP Residential and QLSP Business: (a) Firm
Order Confirmations (FOCs) On Time; (b) Installation
Commitments Met; (c) Order Installation Interval; (d) Out of
Service Cleared within 24 Hours; (e) Mean Time to Restore;
and (f)Trouble Rate.
4.1 Qwest and CLEC wil support the use of current OSS
interfaces and OSS business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time.
7.3 Commercial measurement definitions, methodologies,
performance targets and reporting requirements are set forth
in Attachment 3 to the Agreement. Qwest will provide CLEC
with the raw data necessary to allow CLEC to disaggregate
results at the state leveL. Reporting of these performance
measures wil be applied for activity beginning the first full
month of Service after January 4, 2011.
4.2 QLSP Services are ordered utilzing the LSR process as
described in the Qwest wholesale website.
7.4 CLEC will be entitled to service credits only for each
instance of a missed installation commitment and each
instance of an out of service condition that is not cleared
within 24 hours occurring after January 4, 2011. All service
credits will be applied automatically by Qwest as credit
against CLEC's bil for the biling period following the one in
which the credits were accrued. Credits for Services
provided under the Agreement will be applied for activity
beginning the first full month after January 4, 2011. Any
credits or payments related to the Services provided prior to
the first full month following January 4, 2011 and in
accordance with CMP, PIO, PAP or any other wholesale
service quality standards wil no longer be applied beginning
the first full month after January 4, 2011.
4.3 Prior to placing an order on behalf of each End User
Customer, CLEC wil be responsible for obtaining and will
have in its possession a Proof of Authorization as set fort in
the Agreement.
7.4.1 Installation Commitments Met. For each
installation commitment that Qwest, through its own
fault, fails to meet, Qwest wil provide a service credit
equal to 100% of the nonrecurring charge for that
installation. Qwest wil use the state installation
nonrecurring charge contained in the Agreement for
that order type in calculating the credit. The definition
of a "missed installation commitmenf' and the
9-21-10/caclNorthstar Telecom - Attachment 2 - QLSPQ9 - (v8-20-10) 6
AZ-100921-0018; CO-100921-0019; ID-100921-0020; IA-100921-0021; MN.100921-0022; MT-100921-0023; ND-100921-0024; NE-100921-0025;
NM-100921-0026; OR-100921-0027; WA-100921-0028; WY-100921-0029
4.4 When Qwest or another provider of choice, at the End User
Customer's request, orders the discontinuance of the End
User Customer's existing service with CLEC, Qwest will
render its closing bil to CLEC effective as of the
disconnection. Qwest will notify CLEC by FAX, OSS
interface. or other agreed upon processes when àn 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.
4.5 The Parties will provide each other with points of contact for
order entry, problem resolution, repair, and in the event
special attention is required on service request.
5.0 Qwest wil 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 electronic format. Billng information
wil include a summary bill and individual End User
Customer sub-account information. If CLEC needs
additional or different billng information in order to properly
bil its End Users or other Carriers (including Qwest), Qwest
wil work with CLEC in good faith to deliver such information.
Maintenance and Repair.
Qwest will maintain facilities 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 facilities or equipment, other than by
connection or discònnection to any interface between Qwest
and the End User Customer, without the written consent of
Qwest.
DocuSign Envelope ID: 09FDEABA-7F83-4FF5-8BF9-712EA3AE8040
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
associated exclusions are described in Attachment 3 to
the Agreement.
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Qwest, through its
own fault, fails to resolve within 24 hours, Qwest wil
provide a service credit equal to one day's recurring
charge (monthly recurring charge divided by 30) for
each day out of service beyond the first 24 hours. (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEe wil be entitled to a credit equal to the
monthly recurring charge divided by 30. .If the out-of-
service condition existed for 48 to 71 hours, the credit
would equal two times the monthly recurring charge
divided by 30).
8.0 Service Performance Measures and Reporting and
Performance Assurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selected by CLEC as indicated
on the Signature Page to the Agreement).
8.1 If selected by CLEC under the terms and conditions of the
Agreement and this Attachment, Qwest will, in Washington
only, provide performance measurements, reporting, and
remedies compliant with the Washington Performance
Indicator Definitions ("PIDs") and the Qwest Washington
Performance Assurance Plan ("PAP") for the Services, if
eligible, provided under the Agreement and this Attachment.
Only in the state of Washington, and only if expressly
selected by CLEC under the terms and conditions of the
Agreement and this Attachment, does this PID and PAP
replace, in their entirety, the Commercial Performance
Measures and Reporting, Performance Targets and Service
Credits terms and cqnditions for Services provided under the
Agreement and this Attachment outlined in Section 7.0 of
this Attachment.
8.2 The PIDs and PAP for Washington in their current form are
posted in the Qwest Wholesale PCAT, currently called
Negotiations Template Agreement PCAT, under Exhibit B
and Exhibit K for Washington, respectively. Those PIDs and
that PAP are incorporated by referenced into, and made a
part of, this Attachment. Subsequent changes to the PIDs or
PAP submitted to the WUTC wil be incorporated into the
applicable exhibit as soon as they. are effective either by
operation of law or WUTC order, whichever occurs first and
without further amendment to this Attachment.
8.3 To select the Service Performance Measures and Reporting
and Performance Assurance Plan (PID/PAP) option, CLEC
must be a certified CLEC under applicable state rules and
have elected the PID and PAP under its Washington
interconnection agreement with Qwest.
8.4 Eligible QLSP Services wil be included in the UNE-P PAP
results beginning the first full month following the Effective
Date of the Agreement.
8.5 Notwithstanding the dispute resolution provisions in the
Agreement, the Parties wil resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution process described in the PAP.
9-21-10/caclNorthstar Telecom - Attachment 2 - QLSPiI - (v8-20-10) 7
AZ-100921-0018; CO-100921-0019; 10-100921-0020; IA-100921-0021; MN-100921-0022; MT-100921-0023; ND-100921-0024; NE-100921~0025;
NM-100921-0026; OR-100921-0027; WA-100921-0028; WY-100921-0029
DocUSi9n Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
ATTACHMENT 3
Performanca Targets for Qwest QLSP ™ Service
September 24, 2010/mms/Cordia/ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-100924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-o006); (UT=CDS-100924-0007); (WA=CDS-100924-0008)
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
FOC-1 - Firm. Order Confirmations (FOCs) On TimePurpose: /
Monitors the timeliness with which Qwest returns Firm Order Confirmations (FOCs) to CLECs in
response to LSRsreceived fromCLECs, focusing on the degree to which FOCs are provided within
specified intervals.
Description:
Measures the percentage of Firm Order Confirmations (FOCs)that are provided to CLECs within the
intervals specified under "Performance Targets" below for FOC notifications.
. Includes all LSRs that are submitted through IMA-GUI and IMA-EDI interfaces that receive an FOC
during the reporting period, subject to exclusions specified below. (Acknowledgments sent
separately from an FOC (e.g., EDI 997 transactions are not included.)
. For FOC-1A,the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwests response with a FOC notification (notification date and tjme).
. For FOC-1 B, the interval measured is the period between the application date and time, as defined
herein, and Qwests response with a FOC notification (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 will be evaluated according to the FOC interval categories shown in the "Performance
Targets" section below, based on the number of lines requested on the ,LSR or, where multiple
LSRs from the same CLEC are related, based on the combined number oflnes requested on the
related LSRs. .
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . FOC-1A: FOCs provided for fully electronic LSRs received via IMA-
GUI or IMA-EDI
FOC-1 B: FOCs provided for electronic/manual LSRs received via
IMA-GUI or IMA-EDI
Formula:
FOC-1A = 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)l 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
September 24, 2010/mms/Cordia/ATTACHMENT 3 - Performance Targets for Owest OLSp™ Service
ì(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-100924-0003); (ID=CDS-100924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007) (WA=CDS-100924-0008)
Page 2
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
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 startstoD 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 will be measured
beginning the first full month of
QLSP service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
product tvpeare considered ICB.
September 24, 2010/mms/Cordia/ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Servce
(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-100924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (W A=CDS-1 00924-0008)
Page 3
OocuSi9n Envelope 10: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
ICM-1 - Installation Commitments Met
Purpose:
Evaluates the extent to which Owest installs services for Customers by the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
· All inward orders (Change, New, and Transfer order types) assigned a due date by Owest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all Corders
representing inward activity (with "I" and "T" action coded line USOCs). Also included are orders with
customer-requested due dates longer than the standard intervaL.
· Completion date on or before the Applicable Due. Date recorded by Owest is counted as a met
due date. The Applicable Due Date is the original due date or, if changed or delayed by the
customer, the most recently revised due date, subject to the following: If Owest changes a due
date for Owestreasons, 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 .1 Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1 B No dispatches.
· Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
ICM-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) . (Total Orders
Completed in 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 disconnéct order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving official company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. R,ecords with invalid product codes.
· Records missing data essential to the calculation of the measurement per the measure definition.
September 24, 201 OfmmsfCordiafA TTACHMENT 3 - Perfonnance Targets for Qwest QLSpTM Service
(AZ';CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-1 00924-0003); (ID=CDS-1 00924-0004);
(M N=CDS-1 00924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (WA=CDS-100924-0008)
Page 4
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611 .
Product Reporting Performance Taraet:
MSA-TvDe:
QLSP-POTS QLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
.
Availabilty:Notes:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
September 24, 2010/mms/Cordia/ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-100924-0003); (ID=CDS-100924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (W A=CDS-1 00924-0008)
Page 5
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
011-1 - Order Installation Interval
Purpose:
Evaluates the timeliness of Qwests installation of services for CLECs, focusing on the average time to
install service.
Description:
Measures the average interval (in business days) between the application date and the completion
date for service orders accepted and implemented.
. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
. Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date.isthe CLEC-initiated due'date, if any, that is (a) subsequent to
the original due date and (b) prior to a Qwest-initiated, changed due date, if any. NOTE 1
· Time intervals associated with CLEC-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest
Qwest-initiated due date, if any, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE 1
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSA); and
01l-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
011-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
-((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date.
and the Applicable Date) - (Time intervals associated with CLEC-initiated due date changes or delays
occurring after the Applicable Due Date)) - Total Number of Orders Completed in the reporting period
Explanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business days) by total number of servicebrders completed in the reporting period. .
Exclusions:
· Orders with CLEC requested due dates greater than the current standard intervaL.
· Disconnect, From (another form of disconnect) and Record order types.
. Records involving official company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
. Orders involving individual case basis (ICB) handling based on quantities of lines or orders
deemed to be projects.
September 24, 201 O/mms/Cordia/A TTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-1 00924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (W A=CDS-1 00924-0008)
Page 6
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
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:Notes:
1. According to this definition, the Applicable Due Date can
change, per successive GLEG-initiated due date changes or
delays, up to the point when a Qwest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(i.e., with no further changes) as the date on which it was set
prior to the first Qwest-initiated due date change, if any.
Following the first Qwest-initiated due date change, any further
GLEe-initiated due date changes or delays are measured as
time intervals that are subtracted as indicated inthe 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 GLEG-initiated due
date change or delay. The intervals thus calculated from each
pairing of Qwest and GLEG-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 GLEG-initiated impacts on
intervals are not counted in the reported intervaL
Performance will be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
..
September 24, 2010/mms/Cordia/ATIACHMENT 3 ~ Performance Targets for Qwest QLSp™ Service
(AZ':CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-1 00924-0003); (ID=CDS-1 00924-0004);
(M N=CDS-1 00924-0005); (OR=CDS-100924-o006); (UT=CDS-100924-0007); (W A=CDS-1 00924-0008)
Page 7
DocuSi9n Envelope 10: EA34C8AC-OCC4-42F3-94DA-7D95465F6611
00S24-1 - Out of Service Cleared within 24 Hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (Le., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified
service that is out-of-service (Le., unable to place or receive calls), subject to exclusions
specified below.
. Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
00S24-1A 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-Qwest (includes CPE, Customer
Instruction, Carrier, Alternate Provider).
. For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test
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 Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technicianlinstaller as complete.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
.,
September 24, 2010/mms/Cordia/ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
(AZ=COS-1 00924-0001); (CO=COS-100924-0002); (IA=CDS-1 00924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=COS-100924-0007); rN A=CDS-1 00924-0008)
Page 8
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
Product ReDortina:Performance Targets:
MSA-TvDe..QLSP POTS Dispatch and Non-Dispatch 190%
Zone-TvDe.
Availabilty:Notes:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
September 24, 2010/mms/Cordia/ATIACHMENT 3 - Performance Targets for Qwesl QLSp™ Service
(AZ=CDS-100924-0001); (CO=CDS-1 00924-0002); (IA=CDS-1 00924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); Ni A=CDS-1 00924-0008)
Page 9
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
MTTR-1 - Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusino how lono it takes to restore services to proper operation.
Description:
Measures the average time taken to clear troublereports.
· Includes all trouble reports closed during the reporting period, subject to exclusions specified below.
. Includes customer direct reports, customer-relayed reports, and test assist reports that result in a
trouble report.
· Time measured is from date and time of receipt to date and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Hours and Minutes
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
MTTR-1A Dispatches (Includes within MSA and outside MSA); and
MTIR-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
MTTR-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
-((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened))- (Total number of
Trouble Reports closed in the reporting period)
Exclusions:
. Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the
Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0
K (TOK), Carrier Action (IEC) arid Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid c1eàred or closed dates.
it Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
, September 24, 2010/mms/Cordia/ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
(AZ=CDS-1 00924-0001); (CO=CDS-100924c0002); (IA=CDS-1 00924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); CN A=CDS-1 00924-0008)
Page 10
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
Product Reporting:Penormance Taraet:
MSA-Tvpe -QLSP-POTS (No Dispàtch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone.Tvpe -.
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
September 24, 2010/mms/Cordia/ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-1 00924-0003); (ID=CDS-1 00924-0004);
(MN=CDS-100924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (W A=CDS-1 00924-0008)
Page 11
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
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 nùmber of lines in service.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified
below.
. Includes all applicable trouble reports, including those that are out of service and those that are
only service-affectinq.Reporting Period: One month Unit of Measure: Percent
. Reporting Individual GLEC Disaggregation Reporting: Regional leveL.
Formula:
((Total number of trouble reports closed in the reporting period involving the specified service
grouping) . (Tptal 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 MTAS data (prodùcts listed for MSA-type, trouble reports coded
to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network
Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
. For products measured fromWFA (Workforce Administration) data (products listed for Zone-
type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type".
. For products measured from MT AS data (products listed for MSA-type, trouble reports involving a
"no access" delay.)
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missinq data essential to the calculation of the measurement per the measure definition.
September 24, 2010/mms/Cordia/ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-100924-0003); (ID=CDS-1 00924-0004);
(M N=CDS-1 00924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (W Ä=CDS-1 00924-0008)
Page 12
DocuSign Envelope ID: EA34C8AC-DCC4-42F3-94DA-7D95465F6611
Product Reporting:Performance Target:
MSATvDe:\
.QLSP-POTS Diagnostic
Zone TVDe:.
Availabilty:Notes:
Performance wil be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
September 24, 2010/mms/Cordia/ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
(AZ=CDS-1 00924-0001); (CO=CDS-100924-0002); (IA=CDS-100924-0003); (ID=CDS-1 00924-0004);
(M N=CDS-1 00924-0005); (OR=CDS-100924-0006); (UT=CDS-100924-0007); (WA=CDS-100924-0008)
Page 13