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HomeMy WebLinkAbout20101217Amendment.pdf. . . Qwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398.2504Facsimile (206) 343.4040 l"'''j :.~. 20lû DEC l 7 PM '2= 56Maura E. Peterson Paralegal Regulatory Law Qwest~ Spirit of Service~ Via Overnight delivery December i 6, 20 i 0 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. QWE-T-07-05 Application for Approval of Amendment to the Interconnection Agreement 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 if you have any questions concerning the enclosed. Thank you for youri assistance in this il tter mep Enclosure cc: Service list ¿",~t '''-j:_",~ ~.Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam. sherr(Q q west.com P"'\"" r;G1n\fi ote \ 1 n ¿. '" 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-07-05 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public . Utilities Commission on August 9, 2007 (the "Agreement"). The Amendment with American Fiber Networks, Inc. is submitted herewith. This Amendment 'Yas reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e) of the Communicationsi Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"). Section 252(e)(2) df the Act directs that a state Commission may reject an amendment reached through voluntary negotiations only if the Commission finds that: the amendment (or portiones) thereof) discriminates against a telecommunications carrer not a pary to this agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. Qwest respectfully submits this Amendment provides no basis for either of these findings, and, therefore requests that the Commission approve this Amendment expeditiously. This Amendment is consistent with the public interest as identified in the pro-competitive policies of the State of Idaho, the Commission, the United States Congress, and the Federal Communications Commission. Expeditious approval of this Amendment wil enable American. APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT - Page 1 Access Point, Inc. QLSP Amendment . . . Fiber Networks to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest further requests that the Commission approve this Amendment without a hearng. Because this Amendment was reached through voluntary negotiations, it does not raise issues requiring a hearing and does not concern other parties not a pary to the negotiations. Expeditious approval would further the public interest. Respectfully submitted thisl ~day of December, 2010. AdamL. Sh Attorney for Qwest Po r~ APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Access Point, Inc. QLSP Amendment . CERTIFICATE OF SERVICE I hereby certify that on this \ ~ klA day of December 2010, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all paries of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commssion 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 ¡¡ewell (Qpuc.state.id.us Hand Deli very U. S. Mail -X Overnight Delivery Facsimile Email Robert Heath Executive Vice President Ameircan Fiber Network, Inc. 8206 Old Moss Rd. Dallas, TX 75231 Hand Deli very X U. S. Mail Overnight Delivery Facsimile .Maura Peterson Paralegal, Qwest Corporation . APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT - Page 3 Access Point, Inc. QLSP Amendment l" l DocuSign Envelope ID: BBF4CF9F.1446-4BE4.9329-7E509E532E07 .QWEST LOCAL SERVICES PLATFORMTM AGREEMENT This Qwest Local Servces Platform™ ("QLSpTU") Agreement, toether with the Attachments hereto and Rate Sheets, incorprated herein by reference ("Agreement") is between Qwest Corporation ("Qwest"), a Colorado corporation, and American Fiber Network, Inc. ("CLEC"), a Delaware corporation, (each identified for purposes of this Agreement in the signature blocks below, and referred to separately as a "Party" or collectively as the "Parties"). The undersigned Partes have read and agree to the terms and conditions set forth in this Agreement. Name: L. T. Christensen American Fiber Network, Inc.: r-518D2EB01EBe.D"'JBy: i~:!s¡=:: Bpp H. Name: Robert Heath Qwest Corporation: ~OlFC6BD54l"=iJ.r~_ By: DocuSlnned i' L T Chnstensen Title: Date: Director Wholesale Contract 11/17/2010 Title: Date: Executive Vice President 11/17/2010 NOTICE INFORMATION: All wntten notices required under this Agreement shall be sent to the following: Qwest Corpration Director - Wholesale Contract 1801 California Street, 24th Floor Denver, CO 80202 Phone: 303-965-3029 Fax: 303-965-3527 Email: intagreelWgwest.com With copy to: Qwest Law Department Wholesale Interconnection 1801 California Street, 10th Floor Denver, CO 80202 Phone: 303-383-6553 Email: Legal.nterconnectionlWgwest.com With copy to (Corporate Ofce): Robert Heath Executive Vice President American Fiber Network, Inc. 9401 Indian Creek Parkay, Suite 140 Overland Park, KS 66210 Phone: 913-338-2658 Fax: (913) 661-0538 robhlWsbcqlobal.net CLCE: Robert Heath Executive Vice President . American Fiber Network, Inc. 8206 Old Moss Rd. Dallas, TX 75231 Phone: 214-221-0089 Fax: (214) 221-2959 rob.heathlWafnltd.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 Servce offerings. CLEC may not change its Washington selection after this Agreement is executed. Washington 7.0 (with Commercial Penormance Measures and Reporting, Penormance Targets and Service Credits, as described in Section 7.0 of Attachment 2 to this Agreement); or~~~~ X X~~~~ Arizona Colorado Idaho Iowa Minnesota Montana Nebraska New Mexico North Dakota Oregon ~ Washington 8.0 (with Service Penormance Measures and Reporting and Penormance Assurance Plan (PID/PAP) for Washington only, as described in Section 8.0 of Attchment 2 to this Agreement). ~ Wyoming November 3, 2010/mmslAmerican Fiber Network, Inc.. Qwest QLSpTM MSA - (v10-15-10) Page 1 of 11 (AZ=CDS-101102-0061); (CO= CDS-101102-0062); (IA= CDS-101102-o063); (10= CDS-101102-o064); (MN= CDS-101102-o065); (MT= CDS-1 011 02-0066); (NO= CDS-1 011 02-0067); (NE= CDS-1 011 02-0068); (NM= CDS-1 011 02-0069); (OR= CDS-1 011 02-0070); (SO= CDS-101102-0071); (UT= CDS-101102-0072); tNA= CDS-101102-0073); ('= CDS-101102-0074) DocuSign Envelope ID: BBF4CF9F-1446-4BE4-9329-7E509E532E07 ,. - .WHEREAS, CLEC desires to purchase from Qwest cein cobinations of Netor Element, ancilary functions, and additional features, including without limitation, the local Loop, Port, swiching, and Shared Transport. Now, therefore, in consideration of the tenns and conditions contined herein, CLEC and Qwst mutually agree as follows: 1. Definitions. Capitalized tenns used herein are defined in Attchment 1. 2. Effective 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 Platonn Plus™ Master Services Agreement, if any, is tenninated immediately upon execution of this Agreement, and Owest will provide CLEC local platfonn services only pursuant to the tenns and conditions of this Agreement. The effectve biling date for OLSP services will be the latest date of execution by the Parties. 3. Term. The tenn of this Agreement begins on the Effecive Date and continues through December 31, 2013. In th event that at the expiration of this Agreement CLEC has any remaining Customers served under this Agreement, Owest may immediately convert CLEC to an equivalent altemative service at market-based wholesale rates. 4. Scope of Agreement; Service Provisionina; Controllna Documents; Change of Law; Eligibilty for Services under this Agreement; Non-Applicability of Change Management Process. 4.1 The Servces ("Services") described in this Agreement will only be provided in Owests incumbent LEC servce terrtory in the states of Arizona, Colorado, Idaho, Iowa, Minnesta, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakot, Uth, Washington and Wyoming. 4.2 In the event of a conflict in any term of any documents that govem the provision of Service hereunder, the following order of precedence will apply in descending order of control: an Attachment, Rate Sheet, this Agreement, and any effectve Order Fonn 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 ("Exsting Rules"). Nothing in this Agreement shall be deemed an admission by Owest or CLEC conceming the interpretation or effect of the Existing Rules or an admission by Owest or CLEC that the Existing Rules should not be changed, vacated, dismissed, stayed or modified. Nothing in this Agreement shall preclude or estop Qwest or CLEC from taking any position in any forum conceming 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 abilty to perfnn or obtain a benefit under this Agreement, both Parties agree to negotiate in good faith such changes as may be necessary to address such material impainnent. 4.5 To receive services under this Agreement, CLEC must be a certified CLEC under Applicable Law. CLEC may not purchase or utilize Services covered under this Agreement for its own administrative use or for the use by an Affliate. 4.6 Except as otherwise provided in this Agreement, the Parties agree that Services provided under this Agreement are not subject to the Qwest Wholesale Change Management Process ("CMP"), Qwests Perfonnance Indicators ("PID"), Perfonnance Assurance Plan ("PAP"), or any other wholesale service quality standards, or liquidated damages and remedies. Except as otherwse provided, CLEC hereby waives any rights it may have under the PID, PAP and all other wholesale service quality standards to liquidated damages, and remedies with respect to Services provided pursuant to this Agreement. Any CLEe-proposed changes to the attributes of any Service or process enhancements will be communicated through the standard accunt 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 Owest in good faith to promptly complete or update, as applicable, Qwests "New Customer Questionnaire" to the extent that CLEC has not already done so, and CLEC shall hold Owest hannless 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 Attchments 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 perfonnance of this Agreement shall be borne by the Part upon which the obligation for payment is imposed under Applicable Law, even if the obligation to collect and remit such Taxes is placed upon the other Part. However, where the sellng Part is specifically pennited by Applicable Law to collect such Taxes from the purchasing Part, such Taxes shall be bome by the Part purchasing the service. Taxes shall be biled as a separate item on the invoice in accordance with Applicable Law. The Part biling such Taxes shall, at the written request of the Part being biled, provide the biled Party with detailed infonnation regarding biled Taxes, including the applicable Tax jurisdiction, rate, and base upon which the Tax is applied. If either Part (the Contesting Part) contests the application of any Tax collected by the other Part (the Collecting Part), the Collecting Part shall reasonably cooperate in good faith with the Contesting Parts challenge, provided that the Contesting Part pays all reasonable costs incurred by the Collecting Part. The Contesting Part is entitled to the benefit of any refund or recovery resulting from the contest, provided that the Contesting Part has paid the Tax contested. If the purchasing Part provides the sellng Part with a resale or other exemption certificate, the sellng Part shall exempt the purchasing Part if the sellng Part accepts the certifcate in good faith. If a Part becomes aware that any Tax is incorrecty or erroneously collected by that Part from the other Part or paid by the other Part to that Part, the Part that received such Tax shall refund the incorrctly or errneously collected Tax or paid Tax to the other Party. 6.3 Each Part is solely reponsible for any tax on its corporate existence, status or income and each Part shall be solely responsible for all taxes on its own business, the measure of which is its own net income or net worth and shall be responsible for any related tax filings, November 3, 2010/mms/American Fiber Network, Inc.Qwest QLSpTM MSA - (v1 0-15-1 0) Page 2 of 11 (AZ=CDS-101102-0061); (CO= CDS-101102-0062); (IA= CDS-101102-o063); (10= CDS-101102-0064); (MN= CDS-101102-0065); (MT= CDS-101102-0066); (NO= CDS-101102-0067); (NE= CDS-101102.0068); (NM= CDS-101102-o069); (OR= CDS-101102-0070); (SO= CDS-1 011 02-0071); (UT= CDS-1 011 02-0072); NVA= CDS-1 011 02-0073); NV= CDS-1 011 02-0074) . l DocuSign Envelope ID: BBF4CF9F-1446-BE4-9329-7E509E532E07 .. . payment, protest, audit and litigation. Each Part shall be solely responsible for the biling, collection and proper remittnce of all applicable Taxes relating to its own services provided to its own Customers. . . 7. Intellecual Property. 7.1 Except for a license to use any facilties or equipment (including softare) solely for the purpses of this Agreement or to recive Service solely as provided in this Agreement or as specifcally 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, trademart, service mart, trade secret, or other proprietary interest or intellectual propert, now or hereafter owned, controlled or licensable by either Part. Neither Part may use any patent, copyrght, trade name, trademark, service mart, trade secret, nor other proprietary interest or intellecual propert, now or hereafter owned, controlled or licensable by either Part without execution of a separate wrtten agreement between the Parties. 7.2 Subject to the general Indemnity provisions of this Agreement, each Part (an Indemnifying Part) shall indemnif andhold the other Part (an Indemnified Part) harmless from and against any loss, cost, expense or liabilty arising out of a claim that the services provided by the Indemnifying Part provided or used pursuant to the terms of this Agreement misappropriate or otherwse violate the intellectual propert rights of any third party. The obligation for indemnification recited in this paragraph shall not extend to infringement which results from: A. any combination of the facilities or servce of the Indemnifying Part with facilties or service of any other Person (including the Indemnified Part but excluding the Indemnifying Part and any of its Affliates), which combination is not made by or at the direction of the Indemnifying Part or is not reasonably necessary to CLEC's use of the Services offered by Qwest under this Agreement; or B. any modification made to the facilities or services of the Indemnifying Part by, on behalf of, or at the request of the Indemnified Part and not required by the Indemnifing Part. 7.3 In the event of any claim, the Indemnifing Part may, at its sole option, obtain the riht for the Indemnified Part 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 facilty or service as provided above and either the facUity or service is held to be infringing by a court of competent jurisdiction or the Indemnifying Part reasonably believes that the facilty or service wil be held to infringe, the Indemnifying Part wil notify the Indemnified Part and the Parties will negotiate in good faith regarding reasonable modifications to this Agreement necssary 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 request that the Indemnified Part take steps to mitigate damages resulting from the infringement or alleged infringement including, but not limited to, accpting modifications to the facilties or services, and such request shall not be unreasonably denied. 7.6 To the extent reuired under Applicable Law, Qwest shall use commercially reasonable effort to obtain, from it vendors who have licensed intellectual proper rights to Qwest in connection with Services provided hereunder, licenses under such intellectal propery rights as necessary for CLEC to use such Services as contemplated hereunder and at least in the same manner used by Qwest for the Servces 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 unsuccesful in obtaining such rights. Nothing in this subsction shall be construed in any way to condition, limit, or alter a Parts indemnifcation obligations under Section 7.2, preceing. 7.7. Neither Part shall without the express wrtten permission of the other Part, state or imply that it is connected, or in any way affliated with the other or its Affliates; it is part of a joint business 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 marteting, advertising or promotional activities or materials, stae 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 will be Qwest customers or that they may Obtain Qwest service frm CLEC or (b) that CLEC has or the end-user wil have any relationship with Qwest. Without limiting the foregoing, CLEC must not use a name, trademart, service mart, copyrght or any other intellectual propert owned by Qwest or its Affliates, except that CLEC may comunicate that Qwest is one of the underlying carriers from which CLEC purchases services if CLEC has obtained the prior wrtten consent of the Qwest Law Department. This is a non-e)(clusive agreement. Nothing in this Agreement prevents Qwest from offering to sell or sellng any servce to other parties. 7.8 Nothing in this Secion prevents either Part from truthfully describing the Services it uses to provide service to its End User Customers, provided it does not represent the Services as originating from the other Part or its Affliates or otherwse attempt to sell its End User Customers using the name of the other Party or its Affliates. Qwests name and the names of its affliates are proprietary and nothing in this Agreement constitutes a license authorzing their use, and in no event will CLEC, including its employees, representatives and agents, attempt to sell any Services to its end-users using the name, brand or identity of Qwest or Qwests Affliates in any way. 7.9 Because a breach of the material provisions of this Section 7 may cause irrparable harm for which monetary damages may be inadequate, in addition to other available remedies, the non-breaching Part may seek injunctive relief. 8. Financial Responsibilty Payment and Security. 8.1 Payment Obligation. Amounts payable under this Agreement are due and payable within thirt (30) Days after the date of invoice ("Payment Due Date"). If the Payment Due Date falls on a Sunday or on a holiday which is observed on a Monday, the payment date 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 biled on paper, not the date the electronic delivery occurs. If CLEC fails to make payment on or before the Payment Due Date, Qwst may invoke all available rights and remedies. November 3, 2010/mms/American Fiber Networt, Inc.Qwest QLspm MSA - (v10-15-10) Page 3 of 11 (AZ=CDS-101102-0061); (CO= CDS-101102-0062); (IA= CDS-101102-Q063); (10= CDS-101102-Q06); (MN= CDS-101102-Q65); (MT= CDS-101102-Q066); (NO= CDS-101102-Q067); (NE= CDS-101102-0068); (NM= CDS-101102-Q069); (OR= CDS-101102-0070); (SO= CDS-101102-0071); (UT= CDS-101102-0072); ~A= CDS-101102-0073); (W= CDS-101102-Q074) DocuSign Envelope ID: BBF4CF9F-1446-4BE4-9329-7E509E532E07 8.2 Cessation of Order Processing. Qwest may discontinue processing orders for Service for any breach by CLEC of this Agreement, including without limitation, the failure of CLEC to make full payment for Services, less any good faith disputed amount as provided for in this Agreement, within thirt (30) Days following the Payment Due Date; provided that Qwest has first notified CLEC in wring at least ten (10) business days prior to discontinuing the procssing of orders for Services. If Qwest does not refuse to accept additional orders for Services on the date specifed in the ten (10) business days notice, and CLEC's non-cmpliance continues, nothing contained herein shall preclude Qwests right to refuse to accpt additional orders for Service from CLEC without further notice. For order prossing to resume, CLEC will be required to cure any breach and make full payment of all past-due charges for Services not disputed in good faith under this Agreement, and Qwest may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest reserves the right to seek equitable relief including injunctive relief and specific performance. 8.3 Disconnection. Qwest may disconnect any Services provided under this Agreement for any breach by CLEC of this Agreement that is not cured by CLEC in accrdance with Secon 11 herein, including without limitation, failure by CLEC to make full payment for such Service, less any good faith disputed amount as provided for in this Agreement, within sixt (60) Days following the Payment Due Date provided that Qwest has first notified CLEC in wrting at least ten (10) business days prior to disconnecting Services. CLEC wil pay the applicable charge set forth in the Rate Sheet required to reconnect Service for each End User Customer disconnected pursuant to this Section 8.3. In case of such disconnection, all applicable undisputed charges, including termination charges, will become due and payable. If Qwest does not disconnect CLEC's Service on the date specified in the ten (10) business days notice, and CLEC's noncompliance continues, nothing contained herein shall preclude Qwests right to disconnect any or all Servces. 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 Qwest may require a deposit (or recalculate the deposit) pursuant to Section 8.5. In addition to other remedies that may be available at law or equity, Qwest reserves the right to seek equitable relief, including injunctive relief and specific performance. Notwthstanding the foregoing, Qwest will not effect a disconnection pursuant to this Section 8.3 in such manner that CLEC may not reasonably comply with Applicable Law conceming End User Customer disconnection and notification, provided that, the foregoing is subject to CLEC's reasonable dilgence in effecting such compliance. 8.4 Billng Disputes. Should CLEC dispute, in good faith, and withhold payment on any portion of the charges under this Agreement, CLEC will notify Qwest in writing within fifteen (15) Days following the Payment Due Date identifyng the amount, reason and rationale of such dispute. At a minimum, CLEC will pay all undisputed amounts due to Qwest. Both CLEC and Qwest agree to expedite the investigation of any disputed amounts, promptly provide reasonably requested documentation regarding the amount disputed, and work in good faith in an effort to resolve and settle the dispute through informal means prior to invoking any other rights or remedies. f'i , in favor of CLEC, Qwest will credit CLEC's bil for the amount of . the disputed charges and any late payment charges that have been assessed no later than the second Bil Date after the reolution of the dispute. B. If CLEC pays the disputed charges and the dispute is reolved in favor of Qwest, no further action is required. If CLEC pays the charges disputed at the time of payment or at any time thereafter, and the dispute is resolved in favor of the CLEC, Qwt will adjust the Biling, usually within two Biling cycles after the resolution of the dispute, as follows: Qwest will credit the CLEC's bil for the disputed amount and any associated interest; or if the disputed amount is greater than the bil to be credited, pay the remaining amount to CLEC. C. The interest calculated on the disputed amounts will be the same rate as late payment charges. In no event, however, will any late payment charges be assessed on any previously assessed late payment charges. D. If CLEC fails to dispute a rate or charge within 60 Days following the invoice date on which the rate or charge appeared, adjustment will be made on a going-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 Effecive Date of this Agreement, Qwest 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 satisfactry credit with Qwest, or the Part is repeatedly delinquent in making its payments, or is being reconnected after a disconnection of Service or discontinuance of the processing of orders by Qwest due to a previous failure to pay undisputed charges in a . timely manner or due to the failure by CLEC to cure a breach of this Agreement in a timely manner. Qwest may require a deposit to be held as security for the payment of charges before the orders from CLEC will be provisioned and completed or before reconnection of Service. "Repeatedly Delinquent" means any payment of a material amount of total monthly Biling under this Agreement received afer 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 Billng. The deposit may be an irrevocable bank letter of credit, a letter of credit with terms and conditions acceptable to Qwest, or some other form of mutually accptable security such as a cash deposit. The deposit may be adjusted by CLEC's actual monthly average charges, payment history under this Agreement, or other relevant factors, but in no event wil 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 will be credited to CLEC in the amount actually earned or at the rate set forth in Section 8.7 below, whichever is lower, except as otherwse required by law, provided that, for elimination of doubt, the Partes agree that such deposits are not subject to state laws or regulations relating to consumer or End User Customer cash deposits. Cash deposits and accrued interest, if applicable, will be credited to CLEC's accunt or refunded, as appropriate, upon the earlier of the expiration of the term of this Agreement or the establishment of satisfactory credit with Qwest, which wil generally be one full year of consecutive timely payments of undisputed amounts in full by CLEC. Upon a materialchange in financial standing, CLEC may request, and Qwest wil consider, a recalculation of the deposit. The fact that a deposit has A. If CLEC disputes charges and does not pay such charges by the Payment Due Date, such charges may be subject to late payment charges. If the disputed charges have been withheld and the dispute is resolved in favor of Qwest, CLEC will pay the disputed amount and applicable late payment charges no later than the next Bil Date following the resolution. CLEC may not continue to withhold the disputed amount following the initial resolution while pursuing further dispute resolution. If the disputed charges have been withheld and the dispute is resolved November 3, 2010/mmslAmerican Fiber Network, Inc.Qwest QLspm MSA- (v1Q-15-10) Page 4 of 11 (AZ=CDS-101102-0061); (CO= CDS-101102-0062); (IA= CDS-101102-0063); (10= CDS-101102-0064); (MN= CDS-101102-o065); (MT= CDS-1 011 02-0066); (ND= CDS-1 011 02-0067); (NE= CDS-1 011 02-0068); (NM= CD5-1 011 02-0069); (OR= CDS-1 011 02-0070); (SD= CDS-1 011 02-0071); (UT= CDS-1 011 02-0072); lN A= CDS-1 011 02-0073); tN= CDS-1 011 02-0074) . DocuSign Envelope ID: BBF4CF9F-1446-4BE4-9329-7E509E532E07 .. . . been made does not relieve CLEC from any requiremen of this Agreement. 8.7 . Late Payent Charge. If any portion of the payment is received by Owst after the Payment Due Date, or if any portion of the paY!'ent is received by Qwest in funds that are not immediately available, then a late payment charge will be due to Qwest. 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 transactons, 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; or (ii) 0.000407 per Day, compounded daily for the number of Days from the Payment Due Date to and including the date that the CLEC actually makes the payment to Qwest. 8.8 CLEC must not remit payment for the Servces with funds obtained through the American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans that would obligate Qwest to provide certin information or perform certin functons unl~ss ~hos~ functions and ~bligations are specifically agreed to by the parties in this Agreement or in an amendment to this Agreement. 9. Conversions. If CLEC is obtaining service from Qwest under an arrngement or agreement that includes the application of termination liabilty assessment (TLA) or minimum period charges, and if CLEC wishes to convert such services to a Service under this Agreement, the conversion of such services will not be delayed due to the applicabilty of TLA or minimum period charges. The applicabilty of such charges is govemed by the terms of the original agreement, Tariff or arrangement. Nothing. herein will be construed as expanding the rights otherwise granted by this Agreement or by law to elect to make such conversions.,in 10. Customer Contact. CLEC, or CLEC's authorized agent, are the single point of contact for its End User Customers' service need.s~ in?luding without limitation, sales, service design, order taking, proisioning, change orders, training, maintenance, trouble reports, repair, post-sale servicing, Biling, collecon and inquiry. CLEC wil inform its End User Customers that they are End User Customers of CLEC. CLEC's End User Customers contacting Qwest will be instructed to contact CLEC, and Qwest's End User Customers contacting CLEC will be instructed to contact Qwest. In responding to calls, neither Part wil make disparaging remarks about the other Part. To the extent the correct provider can be determined mis~irected calls received by either Part wil be referred to the prope~ provider of Local Exchange Service; however, nothing in this Agreement shall be deemed to prohibit Owst or CLEC from discussing its product and services with CLEC's or Qwest's 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 of the termination. In no case wil Qwest be responsible for providing such notice to CLEC's End User Customers. 11. Defult and Breach. If either Part defaults in the payment of any amount due hereunder, or if either Part violates any other material proision of this Agreement and such default or violation continues for thirt (30) Days after written notice thereof, the other Part may terminate this Agreement and seek relief in accrdance with any remedy available under this Agreement, including without limitation, the Dispute Resolution provisions of Section 25 herein and in addition to the foregoing, Qwest may cease to accept orders fro~ CLEC for Services in accrdance with Section 8.2 above. The remedies available to each Part pursuant to this Agreent 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 otherwse limited by this Agreement to outge credits or other service creits, in which case Qwests totl liabilty wil not exced the aggregate amount of any applicable credits due. 12.2 Except for indemnification and payment obligations under this Agreement, neither Part shall be liable to the other for indirec, 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 liabilit, tort, including, without limitation, negligence of any kind and regardless of whether the Parties know the possibilty that such damages could result. 12.3 Nothing contained in this Secton shall limit either Part's liabilty to the other for willful misconduct, provided that, a Par's liabilty to the other Part pursuant to the foregoing exclusion, other than direct damages, will be limited to a total cap equal to one hundred per cent (100%) of the annualized run rate of total amounts charged by Qwest to CLEC under this Agreement. 13. Indemnity. 13.1 The Parties agree that unless otherwse specifically set forth in this Agreement, the following constitute the sole indemnifcation obligations between and among the Partes: A. Each Part (the Indemnifyng Party) agres 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, liabilty, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated including, but not limited to, reasonable cots and expenses (including attomeys' fees), whether suffered, made, instituted, or asserted by any Person or èntity, for invasion of privacy, bodily injury or death of any Persn or Persons, or for loss, damage to, or destruction of tangible propert, whether or not owned by others, resulting from the Indemnifying Parts breach of or failure to perform under this Agreement, regardless of the form of action, whether in contract, warrnty, strict liabilty, or tort including (without limitaion) negligence of any kind. B. In the cae of claims or losses alleged or incurred by an End User Customer of either Part arising out of or in connection with Servces 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, direcors, employees and agents (each, an Indemnified Part) against any and all such claims or loss by the Indemnifying Parts End User Customers regardless of whether the underlying Servce 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 Part's End User Customers shall not extend to any claims for physical bodily injury or death of any Person or persons, or for loss, damage to, or destruction of tangible propert, whether or not owned by others, alleged to have resulted directly frm the negligence or intentional conduct of the No Qw'''t November 3, 2010/mms/American Fiber Network, Inc.Qwest QLSpTM MSA _ (v1Q-15-10) Page 5 of 11 (AZ=CDS-101102-0061); (CO= CDS-101102.0062); (IA= CDS-101102-Q063); (10= CDS-101102-0064); (MN= CDS-101102-Q65); (MT= CDS-101102-Q066); (NO= CDS-101102-Q067); (NE= CDS-101102-Q068); (NM= CDS-101102-Q69); (OR= CDS-101102-Q070); (50= CDS-101102-0071); (UT= CDS-101102-Q072); rNA= CDS-101102-0073); rN= CDS-101102-Q074) DocuSign Envelope ID: BBF4CF9F-1446-4BE4-9329-7E509E532E07 " QWEST LOCAL SERVICES PLATFORM™ AGREEMENT ATTACHMENT 1. DEFINITIONS "Act" means the Communications Act of 1934 (47 U.S.C. 151 et. se.), as amended. "Advanced Intellgent Networ" or "AIN" is a Telecmmunictions netwrk architecture in which call processing, call routing and netwrk management are provided by means of centralized databases. "Affliate" means a Person that (directly or indirectly) owns or contrls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the tenn 'own' means to own an equity interest (or the equivalent thereof) of more than 10 percent. "Automatic Location Identifcation" 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 infonnation 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 identifed on the bil. "Biling" involves the provision of appropriate usage data by one Telecommunications Carrer to another to facilitate Customer Biling with attendant acknowledgments and status reports. It also involves the exchange of infonnation between Telecommunications Carriers to process claims and adjustments. "Carrer" or "Common Carrier" See Telecommunications Carrer. "Central Ofce" means a building or a space within a building where transmission facilities or circuits are connected or switched. "Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C. Section 332 and FCC rules and orders interpreting that statute. "Communications Assistance for Law Enforcement Acf' or "CALEA" refers to the duties and obligations of Carriers under Section 229 of the Act. "Confidential Infonnation" means any infonnation that is not generally available to the public, whether of a technical, business, or other nature and that: (a) the receiving Part knows or has reason to know is confidential, proprietary, or trade secret infonnation of the disclosing Part; and/or (b) is of such a nature that the receiving Part should reasonably understand that the disclosing Part desires to protect such infonnation against unrestricted disclosure. Confidential Infonnation wil not include infonnation that is in the public domain through no breach of this Agreement by the receiving Part or is already known or is independently developed by the receiving Part. "Customer" means the Persn purchasing a Telecommunications Service or an infonnation service or both frm a Carrer. "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 Datbase"contains only those published and n. listed telephone number listings obtained by Qwest from its own End Us, ~ Customers and other Telecommunications Carriers. "Directory Assistance Service" includes, but is not limited to, making available to callers, upon request, infonnation 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 specifc date on which the requested Service is to be available to the CLEC or to CLEC's End User Customer, as applicable. "End User Customer" means a third part retail Customer that subscribes to a Telecommunications Service provided by either of the Parties or by another Carrer or by two (2) or more Carrers. "Environmental Hazard" means any substance the presence, use, transport, abandonment or disposal of which (i) requires investigation, remediation, compensation, fine or penalty under any Applicable Law (including, without limitation, the Comprehensive Environmental Response Compensation and Liabilty Act, Superfnd Amendment and Reauthorization Act, Resurce Conservation Recovery Act, the Occupational Safety and Health Act and provisions with similar purposes in applicable foreign, stae and local jurisdictions) or (ii) poses risks to human health, safety or the environment (including, without limitation, indoor, outdoor or orbital space environments) and is regulated under any Applicable Law. "FCC" means the Federal Communications Commission. "Interexchange Carrer" or "IXC" means a Carrer that provides InterLTA or IntraLATA Toll service. "Line Infonnation Database" or "L1DB" stores various telephone ., numbers and Special Biling Number (SBN) data used by operator servicè" systems to process and bil Altemately Biled Services (ABS) calls. The operator servces system accsses L1DB data to provide originating line (callng number), Biling number and teiinating line (called number)infonnation. L1DB is used for callng card validation, fraud prevention, Biling or service restrictions and the sub-accunt infonnation to be included on the call's Billng record. Telcordia's GR-446-CORE defines the interface between the administration system and L1DB including specific message fonnats (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 tenninating station (e.g., an End User Customer's telephone station set, a PBX, answering machine, facsimile machine, computer, or similar customer device). "Local Exchange Carrer" or "LEC" means añý Carrier that is engaged in the provision of Telephone Exchange Service or Exchange Access. Such tenn does not include a Carrer insofar as such Carrier is engaged in the provision of Commercal Mobile Radio Service under Section 332(c) of the Act, except to the extent that the FCC finds that such service should be included in the definition of such tenn. "Loop" or "Unbundled Loop" is defined as a transmission facilty betwen a distribution frame (or its equivalent) in a Qwest Central Offce and the Loop Demarction Point at an End User Customer's Premises "Local Service Request" or "LSR" means the industry standard fonns and supporting documentation used for ordering local services. November 3, 2010/mms/American Fiber Network, Inc. Qwest QLSpTM MSA _ (v1 0-15-1 0) Page 10 of 11 (AZ=CDS-101102-Q061); (CO= CDS-101102-0062); (IA= CDS-101102-Q063); (10= CDS-101102-0064); (MN= CDS-101102-0065); (MT= CDS-101102-0066); (NO= CDS-101102-0067); (NE= CDS-101102-Q68); (NM= CDS-101102-0069); (OR= CDS-101102-0070); (SO= CDS-101102-Q071); (UT= CDS-101102-0072); INA= CDS-101102-0073); tN= CDS-101102-0074) . f DocuSign Envelope ID: BBF4CF9F-1446-BE4-9329-7E509E532E07 QWEST LOCAL SERVICES PLATFORM TM AGREEMENT ATTACHMENT 1. DEFINITIONS Ascellaneous Charges" mean charges that Qwest may assess in addition Wlcurrng and nonrecurrng rates set forh in the Rate Sheet, for activitiesCLEC requests Qwest 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 Qwests recurrng or nonrecurrng rates. Miscellaneous Charges shall be contained in or referenced in the Rate Sheet. "Network Element" is a facilit or equipment used in the provision of Telecommunications Service or an information service or both. It also includes features, functons, and capabilties that are provided by means of such facifty or equipment, including subscrber numbers databases signaling systems, and information suffcient for Billng and' collection o~used in the transmission, routing, or other provision of a Telecommunications Service or an information service or both, as is more fully described in this Agrement. "Operational Support Systems" or "OSS" mean pre-ordering, Provisioning, maintenance, repair and billng systems. "Order Form" means servce order request forms issued by Qwest, as amended frm time to time. "Persn" is a general term meaning an individual or association, corporation, firm, joint-stock company, organization, partnership, trust or any other form or kind of entit. "Port" means a line or trunk connection point, including a line card and associated peripheral equipment, on a Central Ofce Switch but does not include Switch features. The Port serves as the hardware termination for line or Trunk Side facilities connected to the Central Ofce Switch. Each Line Side Port is typically associated with one or more telephone numbers that serve as the Customer's netwrk addre. ~mises" refers to Qwests Central Ofces and Serving Wire Centers' all'1Il11::;dingS or similar structures owned, leased, or otherwse controlled' by Qwest that house its network facilities: all structures that house Qwst facilties on public rihts-of-way, including but not limited to vaults containing Loop concentrators or similar structures; and all land owned, leased, or otherwse controlled by Qwest that is adjacent to these Central Offces, Wire Centers, buildings and structures. "Proof of Authorization" or "POA" shall consist of verification of the End User Customer's selection and authorization adequate to document the End User Customer's selection of its local service provider and may take the form of a third part 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 facilities, whether by wire or radio, provided by any Common Carrer including LECs, IXCs and CMRS providers that use the North American Numbering Plan in conection with the provision of switched services. "Servng Wire Center" denotes the Wire Center from which dial tone for local exchange service would normally be provided to a particular Customer Premises. Accss Tandem Switches), and between Tandem Switches within the Local Calling Area, as described more fully in this Agreement. "Switch" means a switching device employed by a Carrier within the Public Switched Netwrk. Switch includes but is not limited to End Offce Switches, Tandem Switches, Accss Tandem Swiches, Remote Switching Modules, and Packet Switches. Switches may be employed as a combination of End Offcefandem Switches. "Switched Acess Traffc," as specifically defined in Qwests interstate Switched Accss Tariff, is traffc that originates at one of the Parts End User Customers and terminates at an IXC Point of Presence, or originates at an IXC Point of Presence and terminates at one of the Part's End User Customers, whether or not the traffc transit the other Parts netwrk. "Taritr as used throughout this Agreement refers to Qwst interstate Tariff and state Tariff, price lists, and price schedules. "Telecommunications Carrer" means any provider of Telecommunications Services, except that such term does not includeaggregators of Telecommunications Services (as defined in Secion 226 of the Act). A Telecommunications Carrer shall be treated as a Common Carrer 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 to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilties used. "Telephone Exchange Service" means a Service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to fumish to End User Customers intercommunicting Servce of the character ordinarily fumished by a single exchange, and which is covered by the exchange Service charge, or comparable Service provided through a system of Switches, transmission equipment or other facilties (or combinations thereof) by which a subscriber can originate and terminate a Telecommunicaions Service. "Trunk Side" refers to Switch connections that have been programmed to treat the circuit as conneced to another switching entity. "Wire Center" denotes a building or space wihin a building that serves as an aggregation point on a given Carrer's netwrk, where transmission facilities are connected or switched. Wire Center can also denote a building where one or more Central Offes, used for the provision of basic exchange Telecommunications Services and acces Servces, are located. Terms not otherwse defined here but defined in the Act and the orders and the rules implementing the Act or elsewhere in this Agreement, shall have the meaning defined there. The definition of terms that are included here and are also defined in the Act, or its implementing orders or rules, are intended to include the definition as set forth in the Act and the rules implementing the Act. "Shared Transport" is defined as local interoffce transmission facilties shared by more than one Carrer, including Qwest, between End Offce Switches, betwn End Ofce Switches and Tandem Switches (local and November 3, 2010/mms/American Fiber Netwrk, Inc..est QLSpTM MSA - (v1Q-15-10) Page 11 of 11 . =CDS-101102-0061); (CO= CDS-101102-0062): (IA= CDS-101102-Q063): (10= CDS-101102-Q064); (MN= CDS-101102-0065); (MT= CDS-101102-Q066); (NO= CDS-101102-Q067): (NE= CDS-101102-0068): (NM= CDS-101102-Q069); (OR= CDS-101102-Q070); (SO= CDS-101102-Q071): (UT= CDS-101102-0072): tNA= CDS-101102-Q073): ('= CDS-101102-0074) ff' , DocuSign Envelope ID: BBF4CF9F-1446-4BE4-9329-7E509E532E07 .1.0 . . QWEST LOCAL SERVICES PLATFORMQi AGREEMENT ATTACHMENT 2-QLSPQi Service Description Qwst will provide Qwest Locl Services Platfonnl! ("QLSPl) Service according to the tenns and conditions set forth in the QLSP Agreement between the Parties (the "Agreement") and in this Attachment 2 to the Agreement, which is incoorated into and made a part of the Agreement (this "Attchment"). Except as otherwise set forth in this Attchment, capitalized tenns 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, infonnation servces (or both) that CLEC chooses to offer to the extent that such service are granted herein or not limited hereby. 1.2.1 Pursuant to the order issued by the FCC pertining to the availabilty of Unbundled Network Element ("UNE") Loops under Section 251 (c)(3) of the Act in itsReport and Order-Petition of Qwest Corpration for Forbearance Pursuant to 47 U.S.C. § 16O(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 tenns and conditions of the Agreement and this Attchment at Rates provided in the Rate Sheet: Omaha Douglas; Omaha Izard Street; Omaha 90th Street; Omaha Fort Street; Omaha Fowler Street; Omaha 0 Stret; Omaha 78th Street; Omaha 135th Street; and Omaha 156th Street. 1.2.2 The following QLSP Service types will be combined with 2-wire loops: QLSP Business; QLSP Centrex (including Centrex 21); Centrex Plus; Centron in Minnesota only; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non- DID and 1-Way DID Trunks; and QLSP ResidentiaL. 1.1 General QLSP Service Description. 1.1.1 QLSP Services consist of Local Switching and Shared Transport in combination. Qwest Advanced Intellgent Netwrk ("AIN") Services, e.g., remote access forwrding, and Qwest Voice Messaging Services ("VMS") may also be purchased with compatible QLSP Servces. These Network Elements will be provided in compliance wih all Telcordia and other industry standards and technical and perfonnance specifications to allow CLEC to combine the QLSP Service with a compatible voicemail product andstutter dial tone. Qwest will provide accs to 911 emergency services and directory listings in accrdance with the tenns and conditions of CLEC's intercnnection agreements ("I CAs"), 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, Qwst combines the Netwrk Elements that make up QLSP Service with analog/digital capable Loops, with such Loops (including services such as line splitting) being provided in accordance with the rates, tenns and conditions of the CLEC's ICAs. CLEC may also purchase Qwest Commercial High Speed Intemet (HSI) Service (also known as Qwest Digital Subsber Linel (DSL)), under a separate Services agreement, to be used with compatible QLSP Service. 1.2.3 QLSP PBX Analog 2-Way DID Trunks will be combined with 4 wire loops. 1.3 Local Switching. The Local Switching Netwrk Element ("Local Switching") is collectively the Line Side and TrunkSide facilties. in the local servng Qwest end offce Switch which provides the basic switching function, the port, plus the features, functions, and capabilties of the switch including all compatible, available, and loaded vertcal features (e.g., anonymous call rejection) that are loaded in that switch. Vertical features are softare atributes on end offce Switches and are listed on the Qwst wholesale website. Qwest signaling is provided with Local Switching solely as described in Section 1.4.2 of this Attchment. The following Local Switching port are available with QLSP Servce: Analog Line Port, Digital Line Port Supporting Basic Rate InterfaceIntegrated Services Digital Netwrk ("BRI ISDN"), and Analog Trunk Port. 1.3.1 Analog Line Port. Line Port attributes include: telephone number; dial tone; signaling (Loop or ground start); on/off hook detection; audible and power ringing; Automatic Message Acunting (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 Accss Lines ("PAl); QLSP PBX Analog DID and non-DID (one way and two way) trunks. 1.3.2 Digital Line Port Supporting SRI 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 connecton with BRI ISDN voice and data basic elements. For flexibilty and customization, optional features can be added. BRI ISDN Port does not offer B Channel Packet service capabilities. The serving arrngement cofonns to the intemationally develope, published, and regnized standards generated by Intemational Telegraph and Telephone Union (fonnerly CCITT). 1.1.3 Nothing in this Attachment or the Agrementprecludes Qwest frm withdrawing availabilty of comparable, functionally equivalent services from it retail end user customers. In the event of such withdrawal or discontinuation, Qwest may also withdraw availabilty of the equivalent QLSP Service. 1.2 Combination of QLSP Service with Loops. Except as described below, the Loop will be provided by Qwest under the applicable ICAs in effect between Qwest and CLEC at the time the order is placed. As part of the QLSP Service, Qwest will combine the Local Switching and Shared Transpo Netwrk Elements with the Loop. 1.3.3.1 Analog trunk Port provide a 2-Way Analog Trunk with DID, E&M Signaling and 2-Wire or 4-Wire connèctions. This Trunk Side connecion inherently includes hunting within the trunk group. 1.3.3 Analog Trunk Port. DSO analog trunk Ports can be configured as DID, DOD, and tw-way. November 3, 2010/mms/American Fiber Network, Inc. Attchment 2 - QLSPQi - (v8-20-10) (AZ=CDS-101102-0061); (CO= CDS-101102-0062); (IA= CDS-101102-Q63); (10= CDS-101102-Q064); (MN=CDS-101102-Q065); (MT= CDS-101102-0066); (ND= CDS-101102-0067); (NE= CDS-101102-Q068); (NM= CDS-101102-Q069); (OR= CDS-101102-0070); (SD= CDS-101102-0071); (UT= CDS-101102-Q072); fNA= CDS-101102-0073); lN= CDS-101102-Q074) "~ DocuSign Envelope ID: BBF4CF9F-1446-4BE4-9329-7E509E532E07 \ 1.3.3.2 All trnks are designed as 4-Wire leaving the Central Offce. For 2-Wire servce, the trunks are converted at the End User Customets loction. QWEST LOCAL SERVICES PLATFORM~ AGREEMENT ATTACHMENT 2-QLSP~ Service Description record; and callng card, billed to third number, and collect '." '. call infonnation used in processing Altemately Biled . Servces (ABS). 1.3.3.3. Two-way analog DID trunks are capable of initiating out going calls, and may be equipped with either rotary or touch-tone (DTMF) for this purpe. When the trunk is equipped with DID call transfer feature, both the trunk and telephone instrments must be equipped with DTMF. 1.4.5 The ICNAM database is used with certin end offce Switch features to provide the calling parts name to CLEC's End User Customer with the applicable feature capabilty. The ICNAM database contains currnt listed name data by working telephone number served or administered by Qwest, including listed name data provided by other Telecommunications Carrers partcipating in Qwests callng name delivery service arrangement.1.3.3.4 Two-way analog DID trunks require E&M signaling. Qwest wil use Type i and II E&M signaling to provide these trunks to the PBX. Type II E&M signaling from Qwest to the PBX will be handled as a special assembly reuest on an Individual Case Basis. 1.4.6 Qwest will provide the listed name of the callng part that relates to the callng telephone number (when the infonnation is actually available in Qwests database and the delivery is not blocked or otherwise limited by the callng part or other appropriate request). 1.3.4 Usage. Local Switching Usage is biled on a Minute of Use ("MOU" basis as described wihin this Attachment. Rates for "Local Switch Usage" or "Locl Switch MOUs" are provided in the QLSP Rate Sheet. 1.4.7 For CLEC's QLSP End User Customers, Qwest will load and update CLEC's QLSP End User Customers' name infonnation into the L1DB and ICNAM databases frm CLEC's completed servce orders. CLEC is responsible for the accracy of its End User Customers' infonnation.1.4 Vertical Features and Ancilary Functions and Services. 1.4.1 QLSP Service includes nondiscriminatory access to all vertical features that are loaded in the Local serving Qwest end offce switch. 1.4.8 Qwest wil exercise reasonable effort to provide accurate and complete L1DB and ICNAM infonnation. The infonnation is provided on an as-is basis with all faults. Qwest does not warrnt or guarantee the correctness or the completeness of such infonnation; however, Qwest wil accs the same database for CLEC's QLSP End User Customers as Qwest accsses for its own End User Customers. Qwest will not be liable for system outage or inaccesibilty or for losses arising from the authorized use of . the data by CLEC. 1.4.2 Local Switching includes use of Qwests signaling network (ISUP call set-up) solely for Local Traffc. "Locl Traffc" and "Local Calls" means calls that originate and tenninate within the Local Callng Area as defined in the Qwest tariff. Qwest will provide service contrl point in the same manner, and via the same signaling links, as Qwst uses such servce control point and signaling links to provide service to its End User Customers served by that switch. Qwests call related databases include the Line Infonnation Database (L1DB), Intemetwork Callng Name Database (ICNAM), 8XX Database for toll free callng, AIN Databases, and Local Number Portbilty Database. CLEC will not have acces to Qwests AIN-based services that qualify for proprietary treatment, except as expressly provided for in the Agreement or this Attchment. Local Switching does not include use of Qwests signaling netwrk for Toll Traffc. "Toll Traffc" and "Toll Calls" means intra local accss and transport area ("LATA") or interLTA calls that originate and tenninate outside of the Local Callng Area as defined in the Qwest tariff. For all Toll Traffc originated by or tenninated to CLEC's QLSP End User Customer, Qwest may bil applicable tariff charges, including SS7 message charges (ISDN User Part (ISUP) and Transaction Capabilities Application Part (TCAP)), to the Interexchange Carrier (IXC) or other wholesale SS7 provider. 1.4.9 Qwest will not charge CLEC for the storage of CLEC's QLSP End User Customers' infonnation in the L1DB or ICNAM databases. 1.5 Shared Transport and Toll. 1.4.3 ICNAM and L1DB. CLEC will have non- discriminatory accss to Qwests L1DB database and ICNAM database as part of the delivery of QLSP Service. 1.5.1 Shared Transport. The Shared Transport Netwrk Element ("Shared Transport") provides the collecve interoffce transmission facilties shared by various Carrers (including Qwest) betwn end-offce switches and betwen end-offce switches and local tandem switches within the Local Calling Area. Shared Transport uses the existing routing tables resident in Qwest switches to carr the End User Customets originating and tenninating local/extended area service interoffce Local traffc on the Qwest interoffce message trunk network. CLEC traffc will be carred 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 Carrers ("Carrer(s)" which tenninate to QLSP End Users.1.4.4 The L1DB database contains the following data: various telephone line numbers and special billng number (SBN) data; originating line (callng number); billng number and tenninating line (called number) infonnation; callng card validation; fraud prevention; Biling or service restrictions; sub-account infonnation to be included on the calls Biling 1.5.2 Originating Toll Calls from, and tenninating Toll Calls to, QLSP End Users will be delivered to/from the designated IXCs from the Qwest end-offce switches and access tandems. Use of access tandem switches are not November 3, 2010/mms/American Fiber Network, Inc. Attchment 2 - QLSPQì - (v8-2Q-10) (AZ=CDS-1 011 02-0061); (CO= CDS-1 011 02-0062); (IA= CDS-1 011 02-0063); (10= CDS-1 011 02-0064); (MN= CDS-1 011 02-0065); (MT= CDS-1 011 02-0066); (NO= CDS-1011 02-0067); (NE= CDS-1 011 02-068); (NM= CDS-1 01102-0069); (OR= CDS-101102-0070); (SO= CDS-101102-o071); (UT= CDS-101102-0072); tNA= CDS-101102-0073); tN= CDS-101102-0074) 2 . , DocSign Envelope ID: BBF4CF9F-1446-BE4-9329-7E509E532E07 ,. .' . . QWEST LOCAL SERVICES PLATFORMiI AGREEMENT ATTACHMENT 2-QLSPiI Service Description included in the Agreement or this Attchment and accss tandem charges, if any, may be biled by Qwest to the IXC(s) under the applicable accs tariff. of an analog Line Side Port and Shared Transport provided under the Agreement with an analog - 2 wire voice grade Loop provided in accordance with CLEC's ICAs, except for those Loops that are otherwse provided for in the Agreement.1.5.3 IntraLATA and InterLATA Carier Designation. QLSP includes the capabilty for selection of the interLATA and intraLATA Toll provider(s) on a 2-Primary Interexchange Carrer (PiC) basis. CLEC wil designate the PiC assignment(s) on behalf of its End User Customers for interLTA and intra LATA Service. All CLEC initiated PIC changes will be in accordance with all Applicable Laws, rules and regulations. Qwest will not be liable for CLEC's improper PiC change requests. 1.5.4 Qwest IntraLATA Toll Local Primary Interexchange Carrier ("LPIC") 5123. Qwest does not authorize CLEC to offer, request, or select Qwest LPIC 5123 service to CLEC's End User Customers for intraLATA toll service wih any QLSP Servce in any state. In the event CLEC assigns the Qwest LPIC 5123 to CLEC's End User Customers, Qwest will bil CLEC and CLEC will pay Qwest the rates contained or reference 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 accoance with CLEC's ICAs, except for those Loops that are otherwse provided for in the Agreement. 1.6.5.2 PBX with analog 1-way DID trnks 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 otherwse provided for in the Agreement. 1.5.5 Usage. Shared Transport is biled on a MOU basis as described wiin this Attchment. Rates for .Shared Transport Usage" or .Shared Transport MOUs" are provided in the QL$P Rate Sheet. 1.6.5.3 PBX with analog 2- way DID trunks are combinations of a DID trunk Port and Share 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 otherwise provided for in the Agreement.1.6 QLSP Servce Arngement Descriptions. 1.6.1 QLSP Business is available to CLEC for CLEC's business End User Customers and is the combination of an analog Line Side Port and Shared Transport provided under the Agreement with an analog - 2 wire voice grade Loop provided in accrdance with CLEC's ICAs, except for those Loops that are otherwse provided for in the Agreeent. 1.6.6 QLSP Residential is available to CLEC for CLEC's residential End User Customers and is the combination of an analog Line Side Port and Shared Transport provided under the Agreement with an analog - 2 wire voice grade Loop provided in accrdance with CLEC's ICAs, except as otherwse provided for in the Agreement. QLSP Residential may be ordered and provisioned only for residential End User Customer application. The definition of residential service is the same as in Qwests retail tariff as applied to Qwests End User Customers. 1.6.2 QLSP Centrex is available to CLEC for CLEC's business End User Customers. QLSP Centrx Service include Centrex 21, Centrex Plus and, in Minnesota only, Centron, and are the combination of an analog Line Side Port and Shared Transport provided under the Agreement with an analog - 2 wire voice grade Loop provided in accrdance wih CLEC's I CAs, except for those Loops that are otherwse 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 CLEC may request a conversion from Centrex 21, Centrex-Plus or Centron service to QLSP Busines or QLSP Residential. The Conversion NRC(s) provided in the Rate Sheet will apply. 2.0 Additional Terms and Conditions and Service Features. 2.1 Qwest does not warrant the availabilit of facilties at any serving wire center. QLSP Services will not be available if facilties are not available. Qwest represents and warrants that it will not otherwise restrict facilities eligible to provide QLSP Service and that any and all facilties that would otherwse be available for retail service to a Qwest End User Customer will be considered eligible for use by CLEC for QLSP Service to serve that same End User Customer. 1.6.2.2 Qwest will 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 (supportng BRI ISDN), and Shared Transport provided under the Agreement with a Basic Rate ISDN- capable Loop provided in accordance with CLEC's ICAs, except for those Loops that are otherwise provided for in the Agreement. 2.2 Loop Start ("LPS") to Ground Start ("GST") and GST to LST Changes ("LPS/GST Change") are available with QLSP Services. POTS Services (e.g., a QLSP Centrex 21 line) can functionally and operationally be provisioned as either LPS or GST. Unless specifically requested otherwse, Qwest provisions POTS Services as LPS. GST is generally1.6.4 QLSP PAL is available to CLEC for only CLEC's Payphone Servce Providers (PSPs) and is the combination November 3, 2010/mms/American Fiber Network, Inc. Attchment 2 - QLSPiI - (v8-2Q-10) (AZ=CDS-101102-0061); (CO= CDS-101102-0062); (IA= CDS-101102-Q063); (10= CDS-101102-0064); (MN= CDS-101102-0065); (MT= CDS-101102-Q066); (ND= CDS-101102-Q067); (NE= CDS-101102-Q068); (NM= CDS-101102-0069); (OR= CDS-101102-0070); (SD= CDS-101102-0071); (UT= CDS-101102-Q072); tNA= CDS-101102-0073); tN= CDS-101102-Q074) 3 DocuSign Envelope ID: BBF4CF9F-1446-4BE4-9329-7E509E532E07 '.. " QWEST LOCAL SERVICES PLATFORM~ AGREEMENT ATTACHMENT 2-QLSP~ Service Description 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 raes 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. provisioned for Private Branch Exchange ("PBX") type services. LPS/GST Changes allow the CLEC to request a facilty served by LPS to be changed to GST or vice versa. Additional information and ordering requirements are detailed on the Qwest Wholesale website. 2.3 2.2.1 The Subsequent Order Charge provided in the QLSP Rate Sheet and the Qwest retail Tariff nonrecurrng charge ("NRC") for LPS/GST Changes, less an 18% wholesale discount, will be added to service orders requesting LPS/GST Changes. Daily Usage Feed (DUF). Qwest will provide to CLEC certin originating and terminating call res ("usage information") generated by CLEC's QLSP end user via a DUF. 2.7 2.8 Nothing in the Agreement alters or affect CLEC's right to receive any applicable universal service subsidy or other similar payments. 2.3.1 Qwest will 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 will provide to CLEC usage information necessary for CLEC to bil for interLATA and intraLATA exchange accss to the IXC (excluding intraLATA usage information if Qwest LPIC 5123 is selected as the intraLATA Toll provider) in the form of either the actual usage or a negotiated or approved surrgate for this information, as such biling is described and allow under section 3.7 of this Attchment. These exchange access 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 intraLATA 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 intra LATA PIC changes or additions for QLSP, will be processed concurrntly with the QLSP order as specified by CLEC. 2.9 Qwst Operator Service and Directory Asistance Services are provided under the terms and conditions of CLEC's ICAs. 2.5 Accss to 911/E911 emergency Services for CLEC's End User Customers wil be available in accordance with CLEC's ICAs. If Qwest is no longer obligated to provide access to 911/E911 emergency services in accrdance with 47 U.S.C. §251, Qwest will then provide such services under the Agreement with respect to all CLEC QLSP Service End User Customers and new 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 AI N and VMS are offered on a comercial 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 recurrng ("MRC") and NRC rates for QLSP Services and all associated QLSP applicable usage-based rates and miscellaneous charges are set forth or incorporated by reference into the attached QLSP Rate Sheets. Rates for QLSP Services are in addition to the applicable rates for elements and Service 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. 3.2 QLSP rates Effctive Date through Term. Starting on the Effecive Date of the Agreement, rates for the Service wil be those provided or referenced in the attached Rate Sheet. The MRCs for the switch port wil be adjusted annually, effective January 1 of each year through the term of the Agreement. CLEC is eligible for and will receive discounts . on the Basic Plan switch port MRCs if it meets the volume plans described below. Discounts are not cumulative and Qwest wil apply the highest discount rate for which CLEC qualifies. Basic Plan MRCs will apply if CLEC does not qualify for any discount. 3.2.1 90% YOY Volume Retention Plan: If the number of CLEC's QLSP total lines as of October 31 of each year equals or exceeds 90% of the sum of CLEC's QLSP total lines as of October 31 of the preceding year, CLEC will qualify for a 10% discount off of the Business Port and a 2% discount off of the Residential Port MRCs applicable during the next calendar year. 3.2.4 115% YOY Volume Growth Plan: If the number of CLEC's total QLSP lines as of October 31 of each year equals or exceeds 115% of the sum of CLEC's total QLSP lines as of October 31 of the preceding year, and the YOY line increase is equal to or greater than one thousand five hundred (1,500) QLSP lines, CLEC 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. 3.3 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 wil use the total number November 3, 2010/mms/American Fiber Network, Inc. Attchment 2 - QLSP~ - (v8-2Q-1O) (AZ=CDS-101102-0061); (CO= CDS-101102-0062); (IA= CDS-101102-o063); (10= CDS-101102-o064); (MN= CDS-101102-0065); (MT= CDS-101102-0066); (ND= CDS-101102-o067); (NE= CDS-101102-0068); (NM= CDS-101102-0069); (OR= CDS-101102-0070); (SD= CDS-101102-0071); (UT= CDS-101102-0072); N-A= CDS-101102-0073); (WY= CDS-101102-0074) .4 ./DocuSign Envelope ID: BBF4CF9F.1446-4BE4-9329-7E509E532E07 . .3.7 . QWEST LOCAL SERVICES PLATFORMlI AGREEMENT ATTACHMENT 2-QLSPlI Service Description 3.4 of CLEC's QLSP lines as of Ocober 31, 2009 compared to CLEC's total number of QLSP lines as of October 31, 2010 in order to calculate CLEC's discount eligibilit on January 4, 2011. Each subsequent adjustment will be effective on each January 1 during the term of the Agreement. Except as otherwse provided herein, the Loop element combined with a QLSP Service wil be provided in accordance with CLEC's ICAs with Qwest at the rates set fort in those ICAs. including but not limited to flat rate transport charges, in accordance with the applicable Tarif 3.8 Local Switching Usage and Shared Transport Minute of Use (MOU) This secion describes the use of the Qwest network for different call tyes 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. 3.5 3.4.1 Loops provided under the Agreement. Upon thirt (30) Days notice via the standard commercial notification process, Qwest may change monthly recurrng charges for the Omaha, Nebraska Loop elements provided under the Agreement. Additionally, notwthstanding the rates reflected in the Nebraska QLSP Rate Sheet, the Parties understand and agree. that Qwest has the right to adjust commercial port rates in Nebraska after the Nebraska PSC issues a final order related to Application No. C-3554/PI-112 and CLEC's continued use of any Services in Nebraska constitues its accptance of such updated rates. CLEC wil be responsible for billng its QLSP End User Customers for all Miscellaneous Charges and surcharges required of CLEC by statute, reulation or as otherwse required. 3.8.2 Originating IntrOffce Local Calls. This originating Local Call requires switching by the local serving Qwst end offce and other interoffce switching for Local trffc. When this call type is originated by a QLSP end user, Local Switch Usage per MOU and Shared Transport per MOU charges provided in the Rate Sheet will apply. For these call tyes that also terminate to an end user served by a non-Qwest Carrer, Qwest may pay that Carrer certin terminating compensation charges under terms and conditions of a separate ICA 3.8.1 Originating IntraOfce 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 will apply. For these call types that also terminate to an end user served by a Carrer, Qwest may pay that Carrier certin terminating compensation charges under terms and conditions of a separate ICA. 3.6 CLEC will pay Qwest the PiC change charge associated with CLEC End User Customer changes of interL TA or intrLATA Carrers. Any change in CLEC's End User Customers' interLATA or intraLATA Carrer must be requested by CLEC on behalf of its End User Customer. Intercarrier Compensation. Except as specifically described in this Section, the Agrement does not change or amend applicable intercarrer compensation arrangements (including but not limited to Switched Acce, Signaling, orTransit charges) between any parties, including between Qwet and Carrers or IXCs. 3.8.3 Originating IXC Toll Calls. This originating Toll Call requires switching by the local serving Qwest end offce. If the QLSP End Usets 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 Accss 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. 3.7.1 Switched Access. For QLSP End User Customer(s), Qwest wil not charge to or collect from the IXC usage based end offce and loop Switched Access charges (such as Switched Access Local Switching, End Offce Shared Port, Tandem Transmission and Carrer Common Line) for InterLTA or IntrLATA Toll Calls originating or terminating from that QLSP End User Customets line to an IXC. 3.8.4 Terminating IntraOfce and InterOffce Local Calls. This terminating Local Call requires switching by the local servng 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 will apply under QLSP. For these call types that originate from an end user served by a Carrer, Qwest retains its rights to bil that Carrer certain Transit charges as descrbed in Section 3.7 above. 3.7.2 Signaling. Qwest retains its rights to charge IXCs for signaling usage (IS UP Signal Formulation, ISUP Signal Transport, and ISUP Signal Switching, as well as L1DB, ICNAM and 8XX) associated with interLATA and intrLATA Toll Calls originated by or terminated to a QLSP End User under the applicable Tari. 3.7.3 Transit. For any call originated by an end user served by a Carrier that routes through Qwests network and which terminates to a QLSP End User, Qwest retains its rights to bill the originating Carrer Transit charges for that call under the originating Carriets Agreement. 3.8.5 Terminating IXC Toll Calls. This terminating Toll Call always requires switching by the local serving Qwest end offce. If the originating callets IXC does not have direct trunking to the QLSP end usets local serving Qwest end offce switch, Shared Transport is required to terminate the call to the receiving QLSP end user. When this call type is terminated to a QLSP end user, Local Switch Usage charges provided in the Rate Sheet will apply. Additionally, if Shared Transport is necessary to deliver the call to the QLSP end user from the access tandem, Share Transport 3.7.4 Other. Qwest retains it rights to billXCs or other Carrers, as applicable, any and all other accss charges and assessments not expressly addressed in this section, November 3, 2010/mmslAmerican Fiber Network, Inc. Attachment 2 - QLSPlI - (v8-2Q-10) (AZ=CDS-101102-0061); (CO= CDS-101102-0062); (IA= CDS-101102-0063); (10= CDS-101102-0064); (MN= CDS-101102-0065); (MT= CDS-101102-006); (NO= CDS-101102-Q067); (NE= CDS-101102-0068); (NM= CDS-101102-0069); (OR= CDS-101102-0070); (SO= CDS-101102-Q071); (UT= CDS-101102-0072); (WA= CDS-101102-0073); (W= CDS-101102-0074) 5 DocuSign Envelope ID: BBF4CF9F-1446-4BE4-9329-7E509E532E07 '. QWEST LOCAL SERVICES PLATFORMiI AGREEMENT ATTACHMENT 2-QLSPiI Service Description bil its End User or oter Carrers (including Qwest), Qwest . will work with CLEC in go fait to deliver such infonnation. Usage charges provided in the Rate Sheet will apply. For these call types that require Shared Transport, Qwst retains its rights to bil the IXC for Tandem elements under the Tariff. 3.8.6 Originating Toll Calls when QC is the Intra LATA Toll provider. See Section 1.5.4 above. 3.9 Qwest wil have a reasonable amount of time to implement system or other changes necesary to bil CLEC for raes or charges associated with QLSP Serices Qwest wil bil CLEC, on a monthly basis, within seven to ten Days of the last day of the most recent Billing period, in an agreed upon standard electronic fonnat. Billng infonnation wil include a summary bill and individual End User Customer sub-account infonnation. If CLEC needs additional or different billng infonnation in order to properly November 3, 2010/mmslAmerican Fiber Network, Inc. Attchment 2 - QLSPQi - (v8-2D-10) (AZ=CDS-1 011 02-0061); (CO= CDS-1 01102-0062); (IA= CDS-101102-0063); (10= CDS-1 011 02-0064); (MN= CDS-101102-0065); (MT= CDS-101102-Q066); (NO= CDS-101102-0067); (NE= CDS-101102-0068); (NM= CDS-101102-Q69); (OR= CDS-101102-Q070); (SO= CDS-101102-0071); (UT= CDS-101102-0072); INA= CDS-101102-0073); (!= CDS-101102-Q074) 3.10 QLSP Services have a one-month minimum service period reuirement 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. 3.11 The Subsequent Order Charge is applicable on a per order basis when changes are requested to existing servce, including changing a telephone number, initiating or removing suspension of Service, denying or restoring service, adding, removing or changing features, and other similar requests. 4.0 Systems and Interfaces. 4.1 Qwest and CLEC wil support the use of currnt OSS interfaces and OSS business rules for QLSP, including electronic ordering and flow, as the same may evolve over time. 4.2 QLSP Services are ordered utilzing the LSR process as described in the Qwest wholesale website. 4.3 Prior to placing an order on behalf of eac End User Customer, CLEC will be responsible for obtaining and wil have in its possession a Proof of Authorization as set forth in the Agreement. 4.4 When Qwst or another provider of choice, at the End User Customets request, orders the discontinuance of the End User Customets existing servce with CLEC, Qwest wil 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 an End User Customer moves to Qwest or another service provider. Qwest will not provide CLEC or Qwest retail personnel with the name of the other service provider selected by the End User Customer. 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 reuest. 5.0 6.0 6.1 Maintenance and Repair. Qwst will maintain facilties and equipment that comprise the QLSP Service provided to CLEC. CLEC or its End User Customers may not rearrange, move, disconnect or attempt to repair Qwest facilties or equipment, other than by connecton or disconnection to any interface between Qwest and the End User Customer, without the wrtten consent of Qwest. 6.2 Qwest wil provide general repair and maintenance Services on its facilties, including those facilites supporting QLSP Services purchased by CLEC. Qwest will repair and restore any equipment or any other maintainable component that adversely impacts CLEC's use 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. 7.0 Commercial Perfrmance Measures and Reporting, Performance Targets and Service Credits (including in Washington, if Washington 7.0 is selected by CLEC as indicated on Signature Page). Each Part wil provide suitably qualified persnnel to perfonn its obligations under the Agreement and all QLSP Servces in a timely and effcient manner with dilgence and care, consistent with the professional standards of practice in the industry, and in confonnance 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 will continue to be addressed via the CMP procedures. 7.1 7.2 Qwest will provide commercial performance measurements and reporting against established perfonnance targets with QLSP Service. The following perfonnance measurements will apply to QLSP Residential and QLSP Business: (a) Finn Order Confinnations (FOCs) On Time; (b) Installation Commitments Met; (c) Order Installation Interval; (d) Out of Service Cleared within 24 Hours; (e) Mean Time to Restore; and (f)Trouble Rate. 7.3 Commercial measurement definitions, methodologies, perfonnance targets and reporting requirements are set forth in Attachment 3 to the Agreement. Qwest wil provide CLEC with the raw data necessary to allow CLEC to disaggregate results at the state level. Reporting of these perfonnance measures wil be applied for actvity beginning the first full month of Service after January 4, 2011. 7.4 CLEC wil be entitled to service credits only for each instance of a missed installation commitment and each instance of an out of service condition that is not cleared within 24 hours occurrng after January 4, 2011. All service credits wil be applied automatically by Qwest as credit against CLEC's bil for the billng period following the one in which the credits were accrued. Credits for Services provided under the Agreement wil be applied for activity beginning the first full month after January 4, 2011. Any 6 . DocuSign Envelope ID: BBF4CF9F-1446-4BE4-9329-7E509E532E07 . .8.1 QWEST LOCAL SERVICES PLATFORMiE AGREEMENT ATTACHMENT 2-QLSPiE Service Description credits or payments related to the Services provided prior to the first full month following January 4, 2011 and in accordance with CMP, PID, PAP or any other whlesale service quality standards will no longer be applied beginning the first full month after January 4, 2011. Eligible QLSP Service wil be included in the UNE-P PAP results beginning the first full month following the Effective Date of the Agreement. 8.4 8.5 Notwhstanding 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. 7.4.1 Installation Commitments Met. For each installation commitment that Qwest, through its ow fault, fails to meet, Qwest will provide a service credit equal to 100% of the nonrecurrng charge for that installation. Qwest wil use the state installation nonrecurrng charge contained in the Agreement for that order type in calculating the credit. The definition of a "missed installation commitment" and the associated exclusions are described in Attchment 3 to the Agreement. 7.4.2 Out of Service Cleared within 24 Hours. For each out-of-service condition that Qwest, through its own fault, fails to resolve within 24 hours, Qwest will provide a service credit equal to one day's recurrng charge (monthly recurrng charge divided by 30) for each day out of service beyond the first 24 hours. (For example, if the out-of-service condition exists for 25 to 47 hours, CLEC will be entitled to a credit equal to the monthly recurrng charge divided by 30. If the out-of- service condition existed for 48 to 71 hours, the creit would equal tw times the monthly recurring charge divided by 30). 8.0 Service Performance Measures and Reporting and Perfrmance Asurance Plan (PID/PAP) (for Washington only, if Washington 8.0 is selected by CLEC as indicad on the Signature Page to the Agreement). If selected by CLEC under the term and conditions of the Agreement and this Attchment, Qwest will, in Washington only, provide performance measurements, reporting, and remedies compliant with the Washington Performance Indicaor Definitions ("PIDs") and the Qwest Washington Performance Assurance Plan ("PAP") for the Services, if eligible, provided under the Agreement and this Attchment. Only in the state of Washington, and only if expressly selected by CLEC under the terms and conditions of the Agreement and this Attachment, does this PID and PAP replace, in their entirety, the Commercial Performance Measures and Reporting, Performnce Targets and Service Credits terms and conditions for Services provided under the Agreement and this Attchment outlned 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 incorprated by reference 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 furter amendment to this Attchment. 8.3 To select the Service Performance Measures and Reporting and Performance Assurance Plan (PIDIPAP) 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. . November 3, 2010/mmslAmerican Fiber Network, Inc. Attchment 2 - QLSPiE- (v8-20-10) .. (AZ=CDS-101102-0061); (CO= CDS-101102-0062); (IA= CDS-101102-0063); (10= CDS-101102-006); (MN= CDS-101102-0065); (MT= CDS-101102-0066); (NO= CDS-101102-Q067); (NE= CDS-101102-Q068); (NM= CDS-101102-0069); (OR= CDS-101102-0070); (SO= CDS-101102-Q071); (UT= CDS-101102-Q072); tNA= CDS-101102-0073); N'= CDS-101102-0074) 7 DocuSign Envelope ID: BBF4CF9F-1446-4BE4-9329-7E509E532E07 .ATTACHMENT 3 Performance Targets for Qwest QLSP ™ Service . . ATIACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service DocuSignEnvélope ID:BBF4CF9F-1446-4BE4-9329-7E509E532E07 FOC.1 - Firm Order Confirmations (FOCs) On Time . Purpose: Monitors the timeliness with which Owest returns Firm Order Confirmations (FOCs) to CLECs in response to LSRs received from CLECs, focusing on the degree to which FOCs are provided within specified intervals. Description: Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the intervals specified under "Performance Targets" below for FOC notifications. . Includes all LSRs that are submitted through IMA-GUI and IMA-EDI interfaces that receive an FOC during the reporting period, subject to exclusions specified below. (Acknowledgments sent separately from an FOC (e.g., 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 Owests response with a FOC notification (notification date and time). . For FOC-1B, the interval measured is the period between the application date and time, as defined herein, and Owests response with a FOC notification (notification date and time). . "Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no manual intervention, and (3) for which FOCs are provided mechanically to the CLEC. . "Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EDI and involve manual processing. . LSRs wil be evaluated according to the FOC interval categories shown in the "Performance Targets" section below, based on the number of lines requested on the LSR or, where multiple LSRs from the same CLEC are related, based on the combined number of lines requested on the related LSRs. Reporting Period: One month I Unit of Measure: Percent Reporting: Disaggregation Reporting: Regionallevel. Individual CLEC . FOC-1A: FOCs provided for fully electronic LSRs received via IMA- . GUI or IMA-EDI FOC-1 B: FOCs provided for electronic/manual LSRs received via IMA-GUI or IMA-EDI Formula: FOC-1A = nCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR received date/time (based on scheduled up time))" is within 20 minutes) -(Total Number of original FOC Notifications transmitted for the service category in the reporting periodH x 100 FOC-1 B = nCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (Application Date & Time)" is within the intervals specified for the service category involved) -(Total Number of original FOC Notifications transmitted for the service category in the reporting period)) x 100 . ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service Page 2 DocuSignErl'elope ID:BBF4CF9F-1446-4BE4-9329-7E509E532E07 . . . 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 capabilty to disallow duplicate LSR #'s.).Invalid startstop dates/times. Product Reporting:Penormance Taraet: FOC-1A 95% within 20 minutes QLSP-POTS FOC-1B 95% within standard FOC intervals (specified below) Standard FOC Intervals Product Group NOTE 1 FOC Interval QLSP-POTS (1-39 lines) FOC-1A:20 Minutes FOC-!B24 hrs 24 hrs Availabilty: Performance wil be measured beginning the first full month of QLSP service (for the following month's reporting). Notes: LSRs with quantities above the highest number specified for each oroduct tvoe are considered ICB. ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service Page 3 DocuSign Envelope ID: BBF4CF9F-144-4BE4-9329-7E509E532E07 ICM.1 . Installation Commitments Met Purpose: Evaluates the extent to which Qwest installs services for Customers bv the scheduled due date. Description: Measures the percentage of orders for which the scheduled due date is met. . All inward orders (Change, New, and Transfer order tyes) assigned a due date by Qwest and which are completed/closed during the reporting period are measured, subject to exclusions specified below. Change order types included in this measurement consist of all Corders representing inward activity (with "I. and"Y" action coded line USOCs). Also included are orders with customer-requested due dates longer than the standard interval. . Completion date on or before the Applicable Due Date recorded by Qwest is counted as a met due date. The Applicable Due Date is the original due date or, if changed or delayed by the customer, the most recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that is (a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if any. Reporting Period: One month I Unit of Measure: Percent Reporting: Disaggregation Reporting: Regional leveL. Individual CLEC . Results for producUservices 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-18 No dispatches. . Results for products/services listed in Product Reporting under "Zone-type Disaggregation" will be reported according to installations: ICM-1C Interval Zone 1 and Interval Zone 2 areas. . Formula: ((Total Orders completed in the reporting period on or before the Applicable Due Date) -(Total Orders Completed in the Reporting Period)) x 100 . Exclusions: . Disconnect, From (another form of disconnect) and Record order types. . Due dates missed for standard categories of customer and non-Qwest reasons. Standard categories of customer reasons are: previous service at the location did not have a customer- requested disconnect order issued, no access to customer premises, and customer hold for payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage. . Records involving offcial company services. . Records with invalid due dates or application dates. . Records with invalid completion dates. . Records with invalid product codes. . Records missing data essential to the calculation of the measurement per the measure definition. . ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service Page 4 DocuSign Envelope ID: BBF4CF9F-1446-4BE4-9329-7E509E532E07 . . . Product Reporting Penormance Taraet: MSA-TvDe: QLSP-POTS QLSP-POTS (Dispatch and No Dispatch)195% Zone-Type: . Availabilty:Notes: Performance wil be measured beginning the first full month of QLSP service (for the following month's reporting). ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service PageS DocuSignEnvékipe ID:BBF4CF9F-1446-4BE4-9329-7E509E532E07 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 com'pletion date for service orders accepted and implemented. . Includes all inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and which are completed/closed during the reporting period, subject to exclusions specified below. Change order types for additional lines consist of all C orders representing inward activity. . Intervals for each measured event are counted in whole days: the application date is day zero (0); the day following the application date is day one (1). . The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most recently revised due date, subject to the following: If Qwest changes a due date for Qwest reasons, the Applicable Due Date is the CLEC-initiated due date, if any, that is (a~ subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if any. OTE 1 . Time intervals associated with CLEC-initiated due date changes or delays occurring after the Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest Qwest-initiated due date, if anv, following the Applicable Due Date, from the subsequent CLEC- initiated due date, if anv. NOTE Reporting Period: One month I Unit of Measure: Average Business Days Reporting: Disaggregation Reporting: Regional leveL. Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type Disaggregation" will be reported according to orders involving: 01l-1A Dispatches (Includes within MSA and outside MSA); and 011-1 B No dispatches. . Results for products/services listed in Product Reporting under "Zone-type Disaggregation" wil be reported accrding to installations: 01l-1C Interval Zone 1 and Interval Zone 2 areas. . . Formula: -((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date and the Applicable Date) - (Time intervals associated with CLEC-initiated due date changes or delays occurring after the Applicable Due Date)) -Total Number of Orders Completed in the reporting period Explanation: The average installation interval is derived by dividing the sum of installation intervals for all orders (in business days) by total number of service orders completed in the reporting period. Exclusions: . Orders with CLEC requested due dates greater than the current standard intervaL. . Disconnect, From (another form of disconnect) and Record order types. . Records involving offcial company services. . Records with invalid due dates or application dates. . Records with invalid completion dates. . Records with invalid product codes. . Records missing data essential to the calculation of the measurement per the measure definition. . Orders involving individual case basis (ICB) handling based on quantities of lines or orders deemed to be projects. . ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service Page 6 DocuSign Envelope ID: BBF4CF9F-1446-4BE4-9329-7E509E532E07 . . . Re orted As: Avera e business da s Zone-T e- Penormance Target: QLSP-POTS (Dispatched) QLSP-POTS (No Dispatch) 6 Days 3.5 Days Availabilty: Performance wil be measured beginning in the first full month of QLSP service (for the following month's reporting). Notes: 1. According to this definition, the Applicable Due Date can change, per successive CLEC-initiated due date changes or delays, up to the point when a Qwest-initiated due date change occurs. At that point, the Applicable Due Date becomes fixed (Le., with no further changes) as the date on which it was set prior to the first Qwest-initiated due date change, if any. Following the first Qwest-initiated due date change, any further CLEC-initiated due date changes or delays are measured as time intervals that are subtracted as indicated in the formula. These delay time intervals are calculated as stated in the description. (Though infrequent, in cases where multiple Qwest-initiated due date changes occur, the stated method for calculating delay intervals is applied to each pair of Qwest- initiated due date change and subsequent CLEC-initiated due date change or delay. The intervals thus calculated from each pairing of Qwest and CLEC-initiated due dates are summed and then subtracted as indicated in the formula.) The result of this approach is that Qwest-initiated impacts on intervals are counted in the reported interval, and CLEC-initiated impacts on intervals are not counted in the reported intervaL. ATTACHMENT 3 - Performanc Targets for Qwest QLSp™ Service Page? DocuSignEnvelope ID: BBF4CF9F-1446-BE4-9329-7E509E532E07 00524.1 . Out of Service Cleared within 24 Hours Purpose: Evaluates timeliness of repair for specified services, focusing on truble 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 (i.e., unable to place or receive calls), subject to exclusions specified below. . Time measured is from date and time of recipt of trouble ticket to the date and time trouble is indicated as cleared. . Reporting Period: One month I Unit of Measure: Percent Reporting: Disaggregation Reporting: Regional leveL. Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type Disaggregation" wil be reported according to orders involving: 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 accrding to installations: 00S24-1C Interval Zone 1 and Interval Zone 2 areas. Formula: ((Number of Out of Service Trouble Report 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 o K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE). . Subsequent trouble reports of any trouble before the original trouble report is closed. . Information tickets generated for internal Qwest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation". . For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. . Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. . Records involving offcial company services. . Records with invalid trouble receipt dates. . Records with invalid cleared or closed dates. . Records with invalid product codes. . Records missing data essential to the calculation of the measurement per the measure definition.. ATTACHMENT 3 - Performance Targets for Owest OLSp™ Service Page 8 DocuSignEnvélope ID:BBF4CF9F-14464BE4-9329-7E509E532E07 . . . Product Reporting:Peñormance Targets: MSA-TvDe - ... QLSP POTS Dispatch and Non-Dispatch 190% Zone-TvDe - Availabilty:Notes: Performance wil be measured beginning the first full month of QLSP service (for the following month's reporting). ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service Page 9 DocuSign Envelope ID: BBF4CF9F-144BE4-9329-7E509E532E07 MTTR-1 - Mean Time to Restore Purpose: Evaluates timeliness of repair, focusina how long it takes to restore services to proper operation. Description: Measures the average time taken to clear trouble reports. . Includes all trouble reports closed during the reporting period, subject to exclusions specified below. . Includes customer direct reports, customer-relayed reports, and test assist reports that result in a trouble report. · Time measured is from date and time of recipt to date and time trouble is cleared. Reporting Period: One month I Unit of Measure: Hours and Minutes Reporting: Disaggregation Reporting: Regional leveL. Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type Disaggregation" wil be reported according to orders involving: MTTR-1A Dispatches (Includes within MSA and outside MSA); and MTTR-1 B No dispatches. . Results for products/services listed in Product Reporting under "Zone-type Disaggregation" wil be reported accrding to installations: MTTR-1C Interval Zone 1 and Interval Zone 2 areas. . Formula: -((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) -(Total number of Trouble Reports closed in the reporting period) Exclusions: . Trouble reports coded as follows: . For products measured from MTAS data (products listed for MSA-type disaggregation), trouble . reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer Instruction, Carrier, Alternate Provider). . For products measured from WFA (Workorce Administration) data (products listed for Zone- type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE). · Subsequent trouble reports of any trouble before the original trouble report is closed. . Information tickets generated for internal Owest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type Disaggregation". . For products measured from MTAS data (products listed for MSA-type disaggregation), trouble reports involving a "no access" delay. · Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. . Records involving official company services. . Records with invalid trouble receipt dates. . Records with invalid cleared or closed dates. . Records with invalid product codes. . Records missina data essential to the calculation of the measurement per the measure definition. . ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service Page 10 DocuSigriEnvelope ID:BBF4CF9F-14464BE4-9329-7E509E532E07 . . . Product Reporting;Penormance Taraet: MSA-Type-QLSP-POTS (No Dispatch)5 Hours QLSP-POTS QLSP-POTS (Dispatched)14 Hours Zone-TvDe -. Availabilty:Notes: Performance wil be measured beginning in the first full month of QLSP service (for the following month's reporting). ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service Page 11 Docu$ignEnvelope ID: BBF4CF9F-1446-4BE4-9329-7E509E532E07 TR.1 . Trouble Rate Purpose: Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or element. Description: Measures trouble reports by product and compares them to the number of lines in service. . Includes all trouble reports closed during the reporting period, subject to exclusions specified below. . Includes all applicable trouble report, including those that are out of service and those that are onlv service-affectina.Reporting Period: One month Unit of Measure: Percent . Reporting Individual CLEC Disaggregation Reporting: Regional leveL. Formula: ((Total number of trouble reports closed in the reporting period involving the specified service grouping) -(Total number of the specified services that are in service in the reporting period)) x 100 Exclusions: . Trouble reports coded as follows: - For products measured from MT AS data (product 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-Owest (includes CPE, Customer Instruction, Carrier, Alternate Provider). - For products measured from WFA (Workorce Administration) data (products listed for Zone- type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE). . Subsequent trouble reports of any trouble before the original trouble report is closed. . Information tickets generated for internal Owest system/network monitoring purposes. . Time delays due to "no access" are excluded from repair time for products/services listed in Product Reporting under "Zone-type". . For products measured from MT AS data (products listed for MSA-type, trouble reports involving a "no access" delay.) . Trouble reports on the day of installation before the installation work is reported by the technician/installer as complete. . Records involving offcial company services. . Records with invalid trouble receipt dates. . Records with invalid cleared or closed dates. . Records with invalid product codes. . Records missina data essential to the calculation of the measurement per the measure definition. . . ATTACHMENT 3 - Performance Targets for Owest OLSp™ Service Page 12 ",DocuSign Envelope 10: BBF4CF9F-1446-4BE4-9329-7E509E532E07 . . . Product Reporting:Penormance Target: MSAType: .... QLSP-POTS Diagnostic Zone Type:. Availabilty:Notes: Performance wil be measured beginning in the first full month of QLSPP service (for the following month's reporting). ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Service Page 13 .. Don Enlo 10: BBF4CF9F-144E4297E5E532E07 . . . Qwest Locl Servces Platform™ (QLSpTM) Rate Page -Idaho 109.8 Share Trans Purchasd As Part of QLSP'" 109.8.1 QLSP'" Redentil Business and PAL in ID- (Per MOU $0.0011100 109.8.2 QLSP'" Cantre ISDN BRI PAL in lOoN, and PBX Analn Trunks Per llne/trnk\UGUST $0.35 109.11 Loal Swltchlnn Purchasd As Part of QLP'" 109.11.1 Por B"lc Plan 109.11.1.1 Analn Port $6.21 109.11.1.2 Residential end user crit LAWUR $3.07 1 109.11.1.3 E_ QLSP'" Residentil Analoa Port $3.14 1 109.11.1.4 Dinltl Port ISuonortlnn BRIISDN S17.40 109.11.1.5 PBX DID Port $7.30 109.11.2 InIntlonaUv Blank 109.11.3 Port If 90% YOY Volume Retnlin Plan R-ulramen1 Ar Me 109.11.3.1 Analn Por S5.59 109.11.3.2 Analnn Port, Residential end user crit LAWUR 1S2.51 1 109.11.3.3 E_ QLSP'" Residential Analo Port $3.08 1 109.11.3.4 Diital Port Suonortinn BRIISDN $17.40 109.11.3.5 PBX DID Port $7.30 109.11.4 InlentlonaUv Blank 109.11.5 Po If 115% YOY Volume Gro Plan Reoulrements Ar Me 109.11.5.1 AnalnnPort $4.35 109.11.5.2 Anlnn Port Reidential end user credit LAWUR 1S1.40 1 109.11.5.3 Effece QLSP'" Residential Analn Port S2.95 1 109.11.5.4 Diital Por Suonnrtino BRllSDNl $17.40 109.11.5.5 PBX DID Port $7.30 109.11.8 Inlentlonallv Blank 109.11.7 Local Swich Uaa.. 109.11.7.1 QLSP'" Residential, Busines, and PAL in ID- (Per MOU $0.001343 109.11.7.2 QLSP'" Centrex ISDN BRI PAL in lOoN and PBX Analn Trunks Per Linelrunk UGUFM S113 109.11.8 Swtch Faarea 2 109.11.8.1 Acunt Coes :n., S~tem AZPS $75.00 109.11.8.2 Allndant Acc Line ~r Sttin Line ~W 510.00 109.11.8.3 Audible Mesane Wailno $12.00 109.11.8.4 Auhonzation Coes,' oar Systm $85.00 109.11.8.5 Automati Line ETVB 58.00 109.11.8.6 Automati Route Selection - Common Eauinment oer SYSem F5GPG 52200.00 109.11.8.7 CaiiDron FlO ONLY $5.00 109.11.8.8 Call Excusion. Automatic NXB ISDN $5.00 109.11.8.9 cali Exusion - Manual NA.FID $5.00 IDSN' 109.11.8.10 caii Foiwrdinn Bus\l Line - Incamino OnlY 691X $5.00 109.11.8.11 lil~69A $5.00 109.11.8.12 Call Forwidinn: Bus r Pme rammable Servce Establishment SEPFA $50.00 109.11.8.13 Call Foiwaidin : Don idino Busv Customer P~rammable rLlne FSW $10.00 109.11.8.14 Call WUT $25.00 109.11.8.15 Cantrx HYE HYS $160.00 109.11.8.16 CLASS. Can Trace Per Occurrnce NOUSOC $0.46 109.11.8.17 CLSS. Continuous Reial NSS $10.00 109.11.8.18 CLSS. Last Cali Retum NSQ $10.00 109.11.8.19 CLASS. Pnontv Callnn NSK $10.00 109.11.8.20 CLASS. Selec Call Foiwaidino NeE $10.00 109.11.8.21 CLASS. Selectiv Call Rejecion FKOPN,NSY $10.00 109.11.8.22 Direct Statin selection / Busu Lamo Field. oer Arnnment BUD S8.oo 109.11.8.23 Directed Call Pickuo with Ba in 6MD ~109.11.8.24 Direed Call Pickun withut Baroa-in 690 109.11.8.25 Distincte RinolDistinctve Call Wallino RNN 109.11.8.26 E,,,ive Route Wamino Tone. oarSvstem QWPS 109.11.8.27 Grauo Intercm GCN $8.00 109.11.8.28 Hot Line, per Line HLN, HLA $8.00 109.11.8.29 Huntln: Mullinoition Hunt Queulna MH5 $5.00 109.11.8.30 Hunlin: Mulllooitin wih Announcement in Queue MHW $5.00 109.11.8.31 Huntlnn: Mullinoslln wi Music in Queue MOHPS S100.oo 109.11.8.32 ISDN Shor Hunt NHGPG.$10.00 NHGPN 109.11.8.33 Louds-ker Pa inn nar Trunk GroUD PTQPG ICB 109.11.8.34 Make Bu" ArOl aments nar GroUD A9AE P89 $20.00 109.11.8.35 Make Busu AraOl aments nar Line MB1 $10.00 109.11.8.36 MesaneCanter,er Main Statio Line MFR $8.00 109.11.8.37 aailnnVlSual MV5 ICB 109.11.8.38 n Hold 0" S""Am MHHPS S75.00 109.11.8.39 Release K7KPK $5.00 109.11.8.40 Que.Time QT1PK 55.00 109.11.8.41 SMDR.P. Archive Data SR7CX $300.00 109.11.8.42 SMDR-P. Servce Estblishment Charge, Initiallnstllatin SEPSP,$165.00 SEPSR 109.11.8.43 Statin Camn- n Servce Der Main Station CPK 58.00 109.11.8.44 Time of Dau Contrl for ARS oer SYStem TBPS 5125.00 109.11.8.45 Time of Dau NCOS Unte A4T $1.00 109.11.8.46 Time of Dau Routine neF Line ATB 51.00 109.11.8.47 Trunk Venfcatio from Desinnated Station BVS $100.00 109.11.8.48 UCD in Hunt Grou OAF Line MHM 56.00 109.11.8.49 Premium Port Faatre Additional Charae $2.08 109.11.8.49.1 eMS. S""em Establishment. Inilllnstllatlon MB5XX $1000.00 109.11.8.49.2 eMS. S""em Establishment SubsAnuent Installation PVO $500.00 109.11.8.49.3 CM. Packet Contrl CaDabilôt, oer S""tem PTGPS $1500.00 109.11.8.49.4 Conference Callna . Meet Me MJJPK 55.00 Qw Locl servce Pletfon 1M Agreement QLSP1M Rate Sheet.V1.2.3 04.11.08 DoSin Enlope 1D: BBF-9F-144BE47EE5E07 Qwest Local Servces Platrm 11 (QLSplI) Rae Page -Idaho 109.11.8.49.5 ConfrenceCali .Pret M09PK $5.00 109.11.8.49.6 Confrenc Callna . Stati DiaITS-Wav'GVT $5.00 109.11.9 Othe 109.11.9.1 Custom Numbe 109.11.9.1.1 Idah No See ApUcabla Qwt Ran 6Tari, Catalo or Price Ust las Discunt (whic wil be provided pursuant to tenn and conditons in CLEC's ICA). 109.11.9.1.2 Idaho Soth See Applicabla aw..t Retail 6 Tari, Catalo or Price List i.. Discunt (which will be proded pursuant to tenn and conditons in CLEC's ICA). 109.11.9.2 PBX DID Comple Transatins Dii Oumulsed Chnn Sklina $15.22109.11.9.3 PBX DID Coolax Translations Silina Chnae $35.52109.11.9.4 PBXDIDBn $25.53109.11.9.5 PBX DID mbars $31.36109.11.9.6 PBX DID ntial # Blok $25.38109.11.9.7 PBX DID onslKuential Teleohone Numbers $23.67109.11.9.8 PBX DID NonsOOanlil Telaphona Numbers $33.18 109.11.10 Subsouent Order Chal'NHCUU $12.17 4 109.11.11 Qwst Comoratlon QC IntrLATA Toll LPIC 5123 109.11.1.1 Idaho Nort See Applicable Qw Retail 6Tari, Catalo or Price Ust less Discount (which wiil be provied pursuant to tenns and conditions in CLEC's ICA). 109.11.11.2 Idaho Soth See Applicable Qwt Retail 6 Tari. catalo or Price Ust less Discount (whic wil be provided pursuant to term and conditions In CLEC's ICA). 109.20 Miscellaneous Charges 5 109.20.1 Deslon . Nort 109.20.1.1 Maintenance of Service 109.20.1.1.1 Basic 109.20.1.1.1.1 Firs Incrment MVWXX .. 109.20.1.1.1.2 Each Additnal Incrt MVW1X - 109.20.1.1.2 Overtime 109.20.1.1.2.1 Fislnmet MVOX - 109.20.1.1.2.2 Ea Aditna lname MV2X - 109.20.1.1.3 Premium 109.20.1.1.3.1 Firs Inaent MVWPX - 109.20.1.1.3.2 Each Additnallncan MVW3X - 109.20.1.2 Ontlonal Teslno Additonal Labor' 109.20.1.2.1 Basic, Firs and Each Adilllnment OTNBX - 109.20.1.2.2 Overtma First and Each Adilallncrment OTNOX - 109.20.1.2.3 Premium Firs an Each Additnal_OTNPX - 109.20.1.3 Disnalch Additional Dispatch. No truble found'VT6DC - 109.20.1.4 Disnalch for Mainteance of Service. No Troubla Found VT6DM .. 109.20.2 Deslon and Non-Dsi.n . North 109.20.2.1 Trio Chame. Premisas Visit Chame SCO - 109.20.2.2 Premises Work Chama 109.20.2.2.1 Basic 109.20.2.2.1.1 Firs Increment HRD11 - 109.20.2.2.1.2 Each Addillonallncrement HRDA1 - 109.20.2.2.2 Overtime 109.20.2.2.2.1 First Incrment HRD12 .. 109.20.2.2.2.2 Each Addillonallncrment HRDA2 - 109.20.2.2.3 Premium 109.20.2.2.3.1 Firs Increment HRD13 - 109.20.2.2.3.2 Each Additnal Incrment HRDA3 - 109.20.2.3 Netw Premise Work Chame 109.20.2.3.1 Basic Firs Increment HRR11 - 109.20.2.3.2 Basic Each Additnal Incrment HRRA1 - 109.20.2.3.3 Overtime First Incrment HRR12 - 109.20.2.3.4 Overtlma Each Additonal Incrment HRRA .. 109.20.2.3.5 Premium Firs Incrment HRR13 .. 109.20.2.3.6 Premium Each Additinal Increment HRRA .. 109.20.2.4 DeteChanoa VT6DC - Deion Chanoe H28 - Exoedil Charn, Per dav advance EODDB - Cancellation Chame NoUSOC ICB 109.20.3 Non.Desl"n - sou 109.20.3.1 Netwrk Premisas Work Chame 109.20.3.1.1 All Hours 1 st 15 minute HRH11 - Qwe Local Servs PJatfonn TM Agreement QLSp™ Rate Sheet.V1.2.3 04.11.08 . . . OoSin Enelo 10: BBF4F9F-144BE47E50E5E07 . . . Qwest Local Seces Platfrm™ (QLSpTM) Rate Page . Idaho Janua 4 2011 throu hTerm* 109.20.3.1.2 All Hours next thre 15 minute HRHA1 - 109.20.3.1.3 All Hours ea addfl 15 minutes HRDA1 - 109.20.4 Desl"n.Snuh109.20.4.1 ~ce of Service 1 .4.1.1. Basic 109.20.4.1.1.1 Firs Increment MVWXX - 109.20.4.1.1.2 Each Addnional Incrment MV1X - 109.20.4.1.2 Ovrtime 109.20.4.1.2.1 First Incrment MVOX - 109.20.4.1.2.2 Each Additnallncmenl MV2X - 109.20.4.1.3.1 Premim 109.20.4.1.3.1 Firlncrmenl MVPX - 109.20.4.1.3.2 Each Adilallncrment MV3X - 109.20.4.2 Ontional Testin.. IAdditional Labor 109.20.4.2.1 Basic Firs and Each Adi .allncrment OTNBX - 109.20.4.2.2 Overtime, First and Each Aditional Incrment OTNOX - 109.20.4.2.3 Premium Firt and Eac Addnionallncment OTNPX - 109.20.4.3 DisnAr.h (AddiUonal Dlsna!c . No truble found i VT6DC - 109.20.4.4 Disrn!c for Maintenance of Servce. No Trouble Found VT6DM - 109.20.4.5 Netw Premises Work Chame 109.20.4.5.1 Basic 109.20.2.5.1.1 First Incmet HRH11 - 109.20.2.5.1.2 Each Addnionallncrement HRHA1 - 109.20.4.5.2 Overtime 109.20.2.5.2.1 First Incrment HRH12 - 109.20.2.5.2.2 Each Additnal Incrment HRHA - 109.20.4.5.3 Premium 109.20.2.5.3.1 Firs Incement HRH13 - 109.20.2.5.3.2 Each Additional Incrment HRHA - 109.20.5 Desl"n and NonoOl..n . South 109.20.5.1 Trin Chame . Premis vlSn Chame NRTCY - 109.20.5.2 Prmises Work Chame 109.20.5.2.1 Basic 109.20.5.2.1.1 Firs Increment HRD11 - 109.20.5.2.1.2 Each Addnional Incrment HRDA1 - 109.20.5.2.2 Overtime 109.20.5.2.2.1 Firs Incrmet HRD12 - 109.20.5.2.2.2 Each Additnal Incrment HRDA2 - 109.20.5.2.3 Premium 109.20.5.2.3.1 Firs Incrment HRD13 - 109.20.5.2.3.2 Each Addnioal Incrment HRDA3 - 109.20.5.3 DateChanoe VT6DC -109.20.5.4:E H28 - 109.20.5.5 e Per dav advance EODDB - 109.20.5.6 Charoe NoUSOC IeB 109.23 QLP" Insllalin and Convion Nonreurrno Charo..INRC 109.23.1 Conversion Nonrecurrno Charo.. 109.23.1.1 QLSP" Busine Centrx PAL and PBX Analao non-DID Trunks Reidntial 109.23.1.1.1 Firs Llna Mechanized URCCU $1.50 109.23.1.1.2 Each Addnional Line Mechanized URCCY $0.50 109.23.1.1.3 First Line Manual URCCV $15.00 109.23.1.1.4 Each Addnional Line Manual URCC $3.00 109.23.1.2 QLSP" PBX DID Trunks 109.23.1.2.1 Firs Trunk URCC $28.84 109.23.1.2.2 Each Addllional $2.73 109.23.1.3 QLP" ISDN BRI 109.23.1.3.1 First URCCU $3.66 109.23.1.3.2 Each Addnional $2.73 109.23.2 Instllallon Nonreurrlno Charoes 109.23.2.1 QLSP" Business Centrx. PAL and PBX Analao non-DID Trunks Residntal 109.23.2.1.1 Firs Line Mechanized NHCRA $50.00 109.23.2.1.2 Each Addnional Line Macanized NHCRC $18.00 109.23.2.1.3 First Line Manuall NHCRB $75.00 109.23.2.1.4 Each Additnal Line Manuall NHCR $20.00 109.23.2.2 QLSP" Analoa DID PBX Trunks $15.21 109.23.2.3 QLP" ISDN-BRI $272.96 109.23.3 Qwsl A1N Features 109.23.3.1 Idaho Nort See Applicable Qw Retil 6 Tart, Catalo or Price Lis! les DIcount (which will be provided pursuant to tenn and conditns In CLEC's ICA). Qwes! Locl Servs Plelfnn '" Agrement QLSP'" Rate Sheet.V1.2.3 04.11.08 DoSign Envlo 10: BBF4-144E47E59E532E07 109.23.3.2 Idaho South See Applicable Qw Retail Tari, Calo or Price Ust le Dinl (whic wil be pred pursuanllo term and conditions in CLEC's lCA). 109.23.4 Ows! Voice Mea In Servce 109.23.4.1 Idaho North 109.23.4.2 Idaho South See Applicable Qw Rel Teri, Catalo or Pri Ust le Discunl (whic will be provied pursuanl to lerm and conditons in CLEC's ICA). See AppUcable Owsl Retail Tari, Catalo or Price Lislless Discunl (which will be provied pursuant to tenns and conditons in CLEC's ICA). 112 o rational Su rt S rns 112.1 Oeveloments and Enhancements er Locl Seivce 112.2 On oi 0 eratins r Local Servce Re uest 112.3 Daily Usage Recrds File, per Record uesl All charges and incrments equal the comparable charges and incrments provided In the Owl Wholesale PeAT. Universal Servce Order Coes (USOCs) have been provided in an effor to ease item descrptin and USOC assocition with charges. In the event USOCS are inaccrate or are revised, Qwt reerves the right to corrct the Rate Sheet. In the event of any significnt change(s), notifcation will be proided vla the stndard notifcatin process. ~ See Applicable Owst Retail Tari, Catalog or Price Lis lor all charges end Inents. QLSP" Business and Residential servic utilize th same Class 01 serv and li Unll Selc Oler coes (USOC). QLSP" Residential servce will be biled alIhe Analo Port rale and only th lines thaI speificlly qualif lor an ar ldnl as serv a nientll anse custer by th prnce of the LAWUR USOC will reeive the Residential end user crit 2 QLSP" service incudes nondisminatory accss to all verticl swtc lealure thaI are loed in Qw En Of Sw. Se the peA Tlor all compalible and available vertcal swtch leature. Only vertical switc lealure wi Non-Recurrng, Recrrng, or Pe OCnenc ch are lis. NonRerrng charges are applicable whenever a lealure Is added. whlher on new inslallation, conversion, or change order ac. Th veicl sw leare nolliste have a rate of $0 lor Monthly Recurrng, Non- Recurrng, or Per Occrrnce charges. 3 Resrved lor lulure use. 4 The Subsquent Order Charge is applicable on a pe order basis when changes are reueste to exing seivic, Including chnging a telephone number, initating or removing Suspension or Seivlce, denying or rering servce, adding, removing, or changing feature, and othr similar reuest. 5 QLSP" ISDN BRI and PBX are 'Desgn'. Remaining QLSP" servce are "Non-ign'. All charges and Incrments shall be the same as the comparable charges and incrments proed in Qw Retail Tari, Catalos, or Pri Lis and are subjec to change based on changas in thos undei1ng Owst Retil Tariffs, Catalogs, or Price Lists. In Ihe event a rate changas, noticatin wil be provided vi th stndard noticati pr. 6 Where the service has been deemed to be a Telecomunications Serv, the Disunl will be prvied pursuant to CLEC's ICA. Wher Ihe service is nol a Telecommunicatins Seivic, the discount will be 18%. Owt Local servics Plalfonn 1M Agremenl QLSp™ RaleShe.I-V1.2.3 04.11.08 6 6 . . . 4