20101216Amendment.pdf

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Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile [phone]
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i~n)of.C \ (, M~ 9:" T Qwest~
Spirit of Service~
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
December 15, 2010
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-08-0¥
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 me if ou have any questions concerning the enclosed. Thank you for your
assistance in thi
mep
Enclosure
cc: Service list
.Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr(g q west.com
RECEI r",
20lßOEC l 6 AM 9= 47
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UTILlTii:s
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 -OS-03)J
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNCTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public
. Utilities Commission on May 2, 2008 (the "Agreement"). The Amendment with Access Point,
Inc. is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commssion finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrer not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commssion, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment wil enable Access.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Access Point, Inc.
QLSP Amendment
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Point, Inc.to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Qwest further requests that the Commssion approve this Amendment without a hearng.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this ~~ay of Dec
APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 2
Access Point, Inc.
QLSP Amendment
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. CERTIFICATE OF SERVICE 2DUlÐEC 16 Al19:47
I hereby certify that on this isti. day of December 2010, I serv~d tn~'r'~~1~,#~iå~\;~,~w¡:¡
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERt~NÊ'CTItlN,~,-iU
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilties Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡¡ewell (gpuc.state.íd.us
Hand Delivery
U. S. Mail
-X Overnight Delivery
Facsimile
Email
Richard Brown
Access Point, Inc.
1100 Cresent Green, Suite 109
Cary NC 27518
Hand Delivery
-- u. S. Mail
Overnight Delivery
Facsimile
.Jared Welch
Director, Product Development
Access Point, Inc.
1100 Crescent Green
Cary NC 27518
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APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Access Point, Inc.
QLSP Amendment
DQcuSign Elvelope 10: 9CBA12E1-59B1-4777-B7C6-A8C924B843A
.QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
This Qwest Local Services Platform™ ("QLSpTM") Agreement, together with the Attachments hereto and Rate Sheets,
incorporated herein by reference ("Agreement") is between Qwest Corporation ("Qwest") and Access Point, Inc.
("CLEC"), (each identified for purposes of this Agreement in the signature blocks below, and referred to separately as a
"Part or collectively as the "Parties"). The undersigned Parties have read and agree to the terms and conditions set forth in
this Agreement.
Qwest Corporation:
~OlE9FC&BD8745...1By: ~;:~rll~
Name: L. T. Christensen
Title: Director - Wholesale Contracts
Date: 11/12/2010
Access Point, Inc.:~A31411iEE747A.~'=i'l~~.~
By: DocuSløned -. Richard e. Br
Name: Richard E. Brown
Title: CEO
Date:11/12/2010
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director - Interconnection Agreements
1801 California Street, 24th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagreetâgwest.com
With copy to:
Qwest Law Department
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Leaal.nterconnectiontâgwest.com
CLEC:
. Richard E. Brown
CEO
Access Point, Inc.
1100 Crescent Green, Suite 109
Cary, NC 27518
Phone: [phone]
Fax [phone]
richard.browntâaccssoointinc.com
With copy to:
Jared Welch
Director - Product Development
Accss Point, Inc.
1100 Crescent Green
Cary, NC 27518
Phone: [phone]
Fax: [phone]
jared.welchtâaccssoointinc.com
APPUCABLE STATES:-L Oregon
Qwest agrees to offer and CLEC intends to purchase Service in
the states indicated below by CLEC's signatory initialing (or an
"X") on the applicable blanks. Note: If CLEC chooses to
Indicate Washington, CLEC must select only one (1) of the
Washington Service offerings. CLEC may not change Its
Washington selection aftr this Agreement Is executed.
-L Arizona
-L Colorado
-L Idaho
-L Iowa
-L Minnesota
-L Montana
Nebraska
X New Mexico
-L North Dakota
-L South Dakot
-L Utah
Washington 7.0 (with Commercial Perfrmance
Measures and Reporting, Perfrmance Targets and
Service Credits, as described in Section 7.0 of
Attachment 2 to this Agreement); or
-L Washington 8.0 (with Servic Penormance Measures
and Reporting and Perfrmance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Atchment 2 to this Agreement).
-L Wyoming
November 3, 2010/mmslAcc Point, Inc.
. Qwest QLSpTM MSA - (v1Q-15-10)
(AZ=CDS-101102.Q013); (CO=CDS-101102.Q014); (IA=CDS-101102.Q015); (ID=COS-101102.Q016); (MN=COS-101102.Q17);
(MT=CDS-101102.Q018); (ND=COS-101102.Q019); (NM=CDS-101102-0020); (OR=CDS-101102.Q021); (SD=CDS-101102.Q022);
(UT=CDS-101102.Q023); (WA=CD5-101102.Q024); (W=CDS-101102.Q025)
Page 1 of11
DouSign Envelope 10: 9CBA12E1-59B1-4777-B7C6-A8C924B843A
.WHEREAS, CLEC desires to purchase from Qwest certin combinations of Network Elements, ancillary functions, and additional
features, including without limitation, the local Loop, Port, switching, and Shared Transport.
Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Qwest mutually agree as follows:
1. Definitions. Capitalized ters used herein are defined in
Attchment 1.
2. Effctive Date. This Agreement is effctve upon the
later of (i) January 4, 2011 or (ii) the date that it is fully executed by all
of the Partes ("Effective Date").
2.1 CLEC's Qwest Platform Plus TM Master Services Agreement,
if any, is terminated immediately upon execution of this Agreement,
and Qwest will provide CLEC local platfrm services only pursuant to
the terms and conditions of this Agreement. The effective biling date
for QLSP service will be the latest date of execution by the Partes.
3. Tenn. The term of this Agreement begins on the
Effecve Oate and continues through December 31, 2013. In the
event that at the expiration of this Agreement CLEC has any remaining
Customers served under this Agreement, Owst may immediately
convert CLEC to an equivalent altemative servce at market-based
wholesale rates.
4. Scope of Aareement; Servce Provisionina; Controllng
Document; Change of Law; Eligibilty for Services under this
Aarement¡ Non-Applicability of Change Management Process.
4.1 The Services ("Service") described in this Agreement will
only be provided in Qwests incumbent LEC servce terrtory in the
states of Arzona, Colorado, Idaho, Iowa, Minnesota, Montaa,
Nebraska, New Mexico, Nort Dakota, Oregon, South Dakot, Utah,
Washington and Wyoming.
4.2 In the event of a conflict in any term of any documents that
govem the provision of Servces hereunder, the following order of
precedence wil apply in descending order of contrl: an Atchment,
Rate Sheet, this Agrement, and any effectve Order Form hereunder.
The Partes agree that the Service offered and purcased under this
Agreement are subject to compliance with Applicable Law and
obtaining any domestic or foreign approvals and authorizations
reuired or advisable.
4.3 The provisions in this Agreement are intended to be in
complianc 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 Exsting Rules should not be changed, vacated,
dismissed, stayed or modified. Nothing in this Agreement shall
preclude or estop Qwest or CLEC frm taking any position in any
forum concerning the proper interpretation or effect of the Existing
Rules or concerning whether the Exsting Rules should be changed,
vacated, dismissed, stayed or modified.
4.4 If any change in Applicable Law materially impairs a Parts
abilty to perform or obtain a benefi under this Agreement, both Partes
agree to negotiate in good fait such changes as may be necessary to
address such material impairment.
4.5 To reive services under this Agreement, CLEC must be a
certified CLEC under Applicable Law. CLEC may not purcase or
utlize Services covere under this Agrement for its ow
administtive 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"), Owests
Performance Indicaors ("PIO"), Perfrmance Asurance Plan ("PAP"),
or any other wholesale service qualit standards, or liquidated
damages and remedies. Except as otherwise provided, CLEC hereby
waives any rights it may have under the PLO, PAP and all other
wholesale servce quality stndards to liquidated damages, and
remedies with respec to Services provided pursuant to this
Agreement. Any CLEC-proposed changes to the attibutes of any
Servce or process enhanceents will be communicated throuh the
standard accunt interfces. Change reuests common to shared
systems and processes subjec to CMP will continue to be addressed
via the CMP procedures.
5. CLEC Infonnatlon. CLEC agrees to work with Qwest in
good faith to promptly complete or update, as applicable, Qwests
"New Customer Questionnaire" to the extent that CLEC has not
already done so, and CLEC shall hold Qwst harmless for any
damages to or claims fro CLEC caused by CLEC's failure to promptly
complete or update the questionnaire.
6. Financial Terms.
6.1 Th descrption of the Service and applicable rates are set
forth in the Attchments hereto and Rate Sheets. The Partes agree
that the referenced rates are just and reasonable.
6.2 Taxes. Fees, and other Govemmentallmposltlons.
All charges for Services provided herein are exclusive of any federal,
state, or local sales, use, excse, gross receipts, transaction or similar
taes, fees or surcharges ("Tax" or "Taxes"). Taxes resulting fro the
performance of this Agreement shall be bome by the Part upon whichthe obligation for payment is impoed under Applicable Law, even if
the obligation to collect and remit such Taxes is place upon the other
Part. Howver, where the sellng Part is specifically permited by
Applicable Law to collect such Taxes frm the purcasing Party, such
Taxs shall be borne by the Part purcasing the servces. Taxes
shall be biled as a separae item on the invoice in accordance with
Applicabie Law. The Part billng such Taxes shall, at the wrtten
reuest of the Part being biled, provide the biled Part wih detailedinformation regarding billed 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
colleced by the other Part (the Collecting Part), the Collecting Part
shall reasonably cooperae in good faith with the Contesting Part's
challenge, provided that the Contesting Part pays all reasonable costs
incurr by the Collecng Part. The Contesting Part is enttled to the
benefit of any refund or recovery resulting from the contest, prvided
tht 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 certcate in good faith. If a Part
becomes aware that any Tax is incorrectly or errneously collected by
that Part frm the other Part or paid by the other Part to that Part,
the Part that received such Tax shall refund the incorrctly or
errneously colleced Tax or paid Tax to the other Part.
.
November 3, 2010/mmslAccss Point, Inc.Qwest QLSpTM MSA - (v10-15-10) Page 2 of 11
(AZ=COS-101102-0013); (CO=CDS-101102-D014); (IA=CoS-101102-0015); (ID=CDS-101102-D016); (MN=CoS-101102-D17);
(MT=CoS-101102-0018); (ND=CoS-101102-D019); (NM=CDS-101102-D20); (OR=Co5-101102-D021); (SD=COS-101102-0022);
(UT=CDS.101102-D023); (WA=CoS-101102-0024); (W=COS-101102-D025)
.
D~cuSign E,'ivelope 10: 9CBA12E1-59B1-4777-B7C6-4A8C924B843A
. 6.3 Each Part is solely reponsible for any ta 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 ow net
incoe or net wort and shall be responsible for any related tax filings,
payment, protest, audit and litigation. Each Part shall be solely
responsible for the billng, collection and proper remittnce of all
applicable Taxs relating to its own services proided to its own
Customers.
7. Intellectual Property.
7.1 Except for a license to use any facilties or equipment
(including softre) solely for the purpses of this Agreement or to
receive Service solely as provided in this Agreement or as specifcally
reuired by the then-applicable federal rules and regulations relating toServices 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,
trdemark, serice mark, trade secret, or other proprietary interest or
intellectual prpert, now or hereafter owned, contrlled or licensable
by either Part. Neither Part may use any patent, copyrght, trade
name, trademark, service mark, trade secret, nor other proprietary
interest or intellectual proper, now or hereafter owned, controlled or
licensable by either Part without execution of a seperate wrtten
agreement betwen the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each Part (an Indemnifying Part) shall indemnif and
hold the other Part (an Indemnified Part) harmles frm and against
any loss, cot, expense or liabilty arising out of a claim that the
services provided by the Indemnifing 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
infrngement which results frm:
A. any combination of the facilities or services of the
Indemnifyng Part with facilities or service of any other Person
(including the Indemnified Part but excluding the IndemnifyingPart and any of its Affliates), which combination is not made by
or at the directon of the Indemnifying Part or is not reasonably
necessary to CLEC's use of the servces offere by Qwest under
this Agreement; or
B. any modification made to the facilities or services of the
Indemnifyng Part by, on behalf of, or at the request of the
Indemnified Part and not required by the Indemnifng Part.
7.3 In the event of any claim, the Indemnifyng Part may, at its
sole option, obtin the right for the Indemnified Part to contnue to use
any infrnging facilty or service or replace or modify any infrnging
facilty or servce to make such facility or service non-infrnging.
7.4 If the Indemnifyng Part is not reasonably able to obtain the
right for continued use or to replace or modify the facilit or service as
provided above and either the facility or service is held to be infrnging
by a court of competent jurisdiction or the Indemnifng Part
reasonably believes that the facility or service will be held to infrnge,
the Indemnifng Part will notify the Indemnified Part and the Partes
will negotiate in goo faith regarding reasonable modifications to this
Agreement necssary to mitigate damage or coply with an injuncton
which may result frm such infringement or allow cessation of furter
infringement.
7.5 The Indemnifyng Part may request that the Indemnifed
Part take steps to mitigate damages resulting frm the infrngement or
alleged infringement including, but not limited to, accpting
modifications to the facilities or services, and such request shall not be
unreasonably denied.
7.6 To the exent required under Applicable Law, Qwest shall
use commercially reasonable effrt to obtain, from it vendors who
have licensed intellectual propert rights to Qwst in connectn with
Services provided hereunder, licenses under such intellectual proper
rights as necessary for CLEC to use such Service as contemplate
hereunder and at least in the same manner used by Qwest for the
Services provided hereunder. Qwest shall notify CLEC immediately in
the event that Qwest believes it has used its commercially reasonable
effort to obtain such rights, but has been unsuccsful in obtining
such rights. Nothing in this subsection shall be constred in any way
to condition, limit, or alter a Parts indemnification obligatons under
Secon 7.2, preceing.
7.7. Neither Part shall without the express wrtten permission of the
other Party, state or imply that it is connected, or in any way afliate
with the other or it Affliates; it is part of a joint business association or
any similar arrngement with the other or its Affliates; the other Part
and its Affliates are in any way sponsoring, endorsing or certifing it
and its goods and services; or with respect to its marketing, adverising
or promotional activites or materials, state or imply that the services
are in any way associated with or originated frm the other Part or
any of it Affliates. In additon, CLEC, including its employees,
representatives and agents, will not state or oterwse indicate, directy
or Indirecy, to its end-users or prospectve 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 will have any relationship with
Qwet. Without limiting the foreoing, CLEC must not use a name,
trdemark, service mark, copyrght or any other intellecual propert
owed by Qwest or its Affliates, except that CLEC may communicate
tht Qwest is one of the underlying carrers from which CLEC
purcases service if CLEC has obtained the prior wrtten consent of
the Qwest Law Departent. This is a non-exclusive agrement.
Nothing in this Agreement prevents Qwest fr offering to sell or
sellng any services to other partes.
7.8 Nothing in this Section prevent eiter Part frm trthfully
describing the Servces it uses to provide service to it End User
Customers, provided it doe not repreent the Services as originating
from the other Part or it Affliates or otherwse. attempt to sell it End
User Customers using the name of the other Part or its Afliates.
Qwts name and the names of its affliates are proprietary and
nothing in this Agrement costitues a license authorizing their use,
and in no event will CLEC, including its employees, representatives
and agents, attempt to sell any Servces to its end-users using the
name, brand or identit of Qwt or Qwests Affliates in any way.
7.9 Because a breach ofthe material provisions of ths Secton 7
may cause irrparable harm for which monetary damages may be
inadequate, in addition to other available remedies, the non-breching
Part may seek injunctve relief.
8. Financial Responsibilty, Payment and Security.
8.1 Payent Obllaatlon. Amounts payable under this
Agreement are due and payable within thirt (30) Days aftr the date of
invoice ("Payment Due Date"). If the Payment Due Date falls on a
Sunday or on a holiday which is obsrved on a Monday, the payment
date will be the first non-holiday day followng 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
November 3, 2010/mmslAccss Point, Inc.
. Qwest QLSPTM MSA-(v10-15-10)
(AZ=CD5-101102-0013); (CO=COS-101102-Q014); (IA=CDS-101102-Q015); (ID=CDS-101102-o016); (MN=CDS-101102-o017);
(MT=CDS-1 011 02-0018); (ND=CoS-1 011 02-0019); (NM=CD5-1 011 02-0020); (OR=CDS-1 01102-0021); (SD=CDS-1 011 02-0022);
(UT=CoS-1 01102-0023);. (WA=CDS-1 01102-024); (W=CDS-101102-o025)
Page 3 of 11
DocuSign Envelope 10: 9CBA12E1-59B1-4777-B7C6-A8C924B843A
holiday. For invoices distributed electronically, the date of the invoice
date is the same as if the invoice were biled on paper, not the date the
electronic delivery occurs. If CLEC fails to make payment on or before
the Payment Due Date, Qwest may invoke all available rights and
remedies.
8.2 Cessation of Order Processing. Qwest may discontinue
processing orders for Services for any breach by CLEC of this
Agreement, including without limitation, the failure of CLEC to make full
payment for Servces, less any good faith disputed amount as provided
for in this Agreement, within thirt (30) Days following the Payment
Due Date; provided that Qwest has first notifed CLEC in wrting at
least ten (10) business days prior to discontinuing the processing of
orders for Service. If Qwest does not refuse to accpt additionl
orders for Servces on the date specified in the ten (10) business days
notice, and CLEC's non-compliance continues, nothing contined
herein shall preclude Qwests right to refuse to accept additional orders
for Services from CLEC without further notice. For order processing to
resume, CLEC will be reuire 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 reuire a deposit (or recalculate
the deposit) pursuant to Section 8.5. In addition to other remedies that
may be available at law or equity, Qwest reserves the right to seek
equitable relief including injunctive relief and specific perfonnanc.
8.3 Disconnection. Qwest may disconnect any Service
provided under this Agrement for any breach by CLEC of this
Agreement that is not cured by CLEC in accordance with Secon 11
herein, including without limitation, failure by CLEC to make full
payment for such Services, less any good faith disputed amount as
provided for in this Agrement, 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
disconneced pursuant to this Section 8.3. In case of such
disconnecon, all applicable undisputed charges, including tennination
charges, will become due and payable. If Qwst does not disconnect
CLEC's Servce on the date specified in the ten (10) business days
notice, and CLEC's noncompliance continues, noting cotained
herein shall preclude Qwests right to disconnec any or all Services.
For reconnection of the Service to occur, CLEC will be reuired to
make full payment of all past and currnt undisputed charges under
this Agrement for Servces and Qwest may require a deposit (or
recalculate the deposit) pursuant to secton 8.5. In addition to other
remedies that may be available at law or equity, Qwest reserves the
right to seek equitable relief, including injunctive relief and specific
perfonnance. Notwhstanding the foregoing, Qwest will not eff a
disconnecon pursuant to this Section 8.3 in such manner that CLEC
may not reasonably comply with Applicable Law concerning End User
Customer disconnection and notifcation, provided that, the foreoing 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 wil notif Qwst in wrting 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 amountsdue to Qwst. Both CLEC and Qwest agre to expdite the
investigation of any disputed amounts, promptly provide reasonably
reuested documentation rearding the amount disputed, and work ingood faith in an effrt to resolve and sette the dispute through infonnal
means prior to invoking any other rights or remedies.
A. If CLEC disputes charges and does not pay such charges by
the Payment Due Date, such charges may be subject to late
payment charges. If the disputed charges have been withheld
and the dispute is resolved in favor of Qwest, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
relution while pursuing further dispute resolution. If the
disputed charges have been withheld and the dispute is resolved
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
resolution of the dispute.
.
B. If CLEC pays the disputed charges and the dispute. is
reolved in favor of Qwst, no furter action is required. If CLEC
pays the charges disputed at the time of payment or at any time
therafer, and the dispute is reslved in favor of the CLEC,
Qwt will adjust the Biling, usually within tw Billng cycles after
the reolution of the dispute, as follows: Qwest will creit the
CLEC's bil for the disputed amount and any associated interest;
or if the disputed amount is greater than the bil to be crdited,
pay the remaining amount to CLEC.
C. The interest calculated on the disputed amounts wil be the
same rate as late payment charges. In no event, however, wil
any late payment charges be assessed on any previously
assessed late payment charges.
D. If CLEC fails to dispute a rate or charge within 60 Days
following the invoice date on which the rate or charge appeared,
adjustent 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, Qwst 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 creit with Qwst, or the Part is repetedly
delinquent in making its payments, or is being rennected 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 depoit to be
held as securi for the payment of charges before the order frm
CLEC will be provisioned and completed or before reconnecion of
Serce. "Repeatedly Delinquent" means any payment of a material
amount of total monthly Billng under this Agreement received after the
Payment Due Date, thre (3) or more times during the last twelve (12)
month period. The deposit may not exced the estimated total monthly
charges for a tw (2) month period based upon recent Billing. The
deposit may be an irrvocble bank letter of crit, a letter of credit
wih tenns and conditions accptable to Qwest, or some other fonn of
mutually accptable securi such as a cash deposit. The depoit may
be adjusted by CLEC's actual monthly average charges, payment
history under this Agreent, or other relevant factors, but in no event
will the securi deposit exceed five milion dollars ($5,000,00.00).
Require deposits are due and payable within thirt (30) Days after
demand and non-payent is subject to the tenns and provisions of
Section 8.2 and Secion 8.3 of this Agreent.
.
8.6 Interes on Deposits. Any interet earned on cash deposits
will be credited to CLEC in the amount actally earned or at the rate
set fort in section 8.7 below, whichever is lower, except as otherwse
require by law, proded that, for elimination of doubt, the Parties
agree that such deposit are not subject to state laws or regulations
relating to consumer or End User Customer cash deposits. Cash
November 3, 2010/mmslAccess Point, Inc.QwestQLSPTM MSA-(v10-15-10) Page40f11
(AZ=CDS-101102-0013); (CO=CDS-101102-o014); (IA=CDS-101102-o015); (ID=CDS-101102-o016); (MN=CDS-101102-o017);
(MT=CDS-101102-0018); (ND=CDS-101102-o019); (NM=CDS-101102-0020); (OR=CDS-101102-o021); (SD=CDS-101102-o022);
(UT=CDS-101102-0023); (WA=CDS-101102-o024); (W=CDS-101102-o025)
.
DpcuSign Envelope ID: 9CBA12E1-59B1-4777-B7C6-4A8C924B843A
. 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 th establishment of satisfactory creit
with Qwest, which will generally be one full year of consecutive timely
payments of undisputed amounts in fu by CLEC. Upon a material
change in financial standing, CLEC may request, and Qwest will
consider, a relculation of the deposit. The fact that a deposit has
been made does not relieve CLEC frm any requirements of this
Agreement.
8.7 Late Payent Charge. If any porton of the payment is
received by Qwest after the Payment Due Date, or if any portion of the
payment is received by Qwest in funds that are not immediately
available, then a late payment charge will be due to 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 facr is the
lesser of (i) the highest interest rate (in decimal value) which may be
levied by law for commercal transactions, compounded daily for the
number of Days frm the Payment Due Date to and including the date
that the CLEC actually makes the payment to Qwt; or (ii) 0.000407
per Day, compounded daily for the number of Days frm the Payment
Due Date to and including the date that the CLEC actally makes the
payment to Qwest.
8.8 CLEC must not remit payment for the Servces with funds
obtined 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 perfnn certin functons
unless those functions and obligations are specifically agreed to by the
partes in this Agrement or in an amendment to this Agrement.
9. Conversions. If CLEC is obtaining servces from
Qwest under an arrngement or agreent that includes the
application of tennination liability assessment (TLA) or minimum period
. charges, and if CLEC wishes to convert such services to a Service
under this Agreement, the conversion of such servce will not be
delayed due to the applicabilty of TLA or minimum period charges.
The applicabilty of such charges is govemed by the tenns of the
original agreement, Tari or arrngement. Nothing herein will be
constred as expanding the right otherwse granted by this
Agreement or by law to elec to make such conversions.
10. Customer Contact. CLEC, or CLEC's authorized agent,
are the single point of contct for its End User Customers' servce
needs, Including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, truble report,
repair, post-sle servicing, Biling, collecton and inquiry. CLEC will
infonn it End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contactng Qwst will be
instrcted to contact CLEC, and Qwests End User Customers
cotacting CLEC will be instructed to contact Qwst. In reponding to
calls, neither Part will make disparaging remark about the other
Part. To the extent the correct prvider can be detennined,
misdireed calls received by either Part will be referr to the proper
provider of Local Exchange Servce; howver, nothing in this
Agreement shall be deemed to prohibit Qwest or CLEC from
discussing its prouct and servces with CLEC's or Qwests End User
Customers who call the other Part.
10.1 In the event Qwest tenninates Service to CLEC for any
reason, CLEC will provide any and all necessary notice to it End User
Customers of the tennination. In no case will Qwst be responsible for
providing such notice to CLEC's End User Customers.
continues for thirt (30) Days after written notice theref, the other
Part may tenninate this Agrement and seek relief in accrdance with
any remedy available under this Agrement, including without
limitation, the Dispute Resolution provisions of Secon 25 herein and,
in addition to the foregoing, Qwet may cease to accpt orders frrn
CLEC for Services in accrdance with Secton 8.2 above. The
remedies available to each Part pursuant to this Agreement are not to
be considere exclusive of one another and will be cumulative.
12. Limitation of liabilty.
12.1 CLEC's exclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwse limited by this Agreement to outage creits or other
service credits, in which case Qwests total liabilty will not excd the
aggregate amount of any applicable credits due.
12.2 Except for indemnification and payment obligations under
this Agreement, neither Part shall be liable to the other for indirect,
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, lost revenues, lost
savings suffere by the other Part regardless of the fonn of action,
whether in contract, warrnty, strict liabilty, 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 Secon shall limit either Parts
liabilty to the other for willful misconduct, provided that, a Parts
liabilty to the other Part pursuant to the foreoing exclusion, other
than direct damages, will be limited to a tota cap equal to one hundre
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 consttute the sole indemnifaton
obligations betwn and among the Partes:
A. Each Part (the Indemnifing Part) agre to release,
indemnify, defend and hold hannless the other Part and each of
it ofcers, direors, employees and agents (each, an
Indemnitee) frm and against and in respect of any los, 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 attorneys' fees), wheter sufered, made,
instituted, or asserted by any Person or entit, for invasion of
priacy, bodily injury or death of any Person or Persns, or for
loss, damage to, or destructon of tagible propert, whether or
not owed by others, resulting fr the Indemnifyng Parts
breach of or failure to perfonn under this Agreement, reardless
of the fonn of action, whether in contract, warrnty, strct liabilit,
or tort including (wihout limitation) negligence of any kind.
B. In the cae of claims or losses alleged or incurr by an End
User Customer of either Part arising out of or in conecton with
servces provided to the End User Customer by th Part, the
Part whose End User Customer alleged or incurrd such claims
or loss (the Indemnifying Part) shall defend and indemnify the
other Part and each of its offcers, directors, employee and
agents (each, an Indemnifed Part) against any and all such
claims or loss by the Indemnifying Parts End User Customers
reardless of whether the underlying Servce was provided or wasprovisioned by the Indemnifid Par, unless the los wa caused
by the gross negligence or willful misconduct of the Indemnifed
11. Default and Breach. If either Part defaults in the payment
of any amount due hereunder, or if eiter Part violates any other
material provision of this Agreement and such default or violation
November 3, 2010/mmslAccess Point, Inc.
. QwestQLSplM MSA-(v10-15-10)
(AZ=CoS-101102-D013); (CO=CDS-101102-D014); (IA=CDS-101102-D015); (ID=CDS-101102-D016); (MN=CDS-101102-D017);
(MT=CDS-101102-D018); (ND=CDS-101102-D019); (NM=CDS-1 01102-D020); (OR=CDS-101102-D021); (SD=CoS-1011 02-D022);
(UT=CDS-101102-D023); (WA=CDS-101102-Q24); (W=CDS-101102-D025)
Page50f11
15. Relationship. Except to the limited extnt expressly
provided in this Agrement, neither Part has the authority to bind the
other by contract or otherwse or make any representations or
guarantees on behalf of the other or otherwise act on the othets
behalf. The relationship arising from this Agreement does not
constitute an agency, joint venture, partership, employee relationship
November 3, 2010/mms/Accss Point, Inc.
QwstQLSpTM MSA-(v1Q-15-10)
(AZ=CoS-101102-o013); (CO=CDS-101102-o014); (IA=CDS-101102-o015); (ID=CoS-101102-o016); (MN=CDS-101102-o017);
(MT=CDS-1 011 02-0018); (ND=CD5-1 011 02-0019); (NM=CDS-1 011 02-0020); (OR=CoS-1 01102-0021); (SD=CoS-101102-o022);
(UT=CDS-1 01102-0023); (WA=CDS-1 01102-0024); (W=CDS-101102-0025)
DocuSign Envelope 10: 9CBA12E1-59B1-4777-B7C6-A8C924B843A
Part. The obligation to indemnify with respect to claims of the
Indemnifyng Part's End User Customers shall not extend to any
claims for physical 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, alleged to have
resulted directly fr the negligence or intentional conduct of the
employee, contractors, agents, or other representatives of the
Indemnified Part.
13.2 The indemnification provided herein is conditioned upon the
following:
A. The Indemnified Part will promptly notify the Indemnifying
Part of any action taken against the Indemnified Part relating to
the indemnification. Failure to so notify the Indemnifyng Part will
not relieve the Indemnifying Part of any liabilty that the
Indemnifying Part might have, except to the extent that such
failure prejudices the Indemnifying Parts abilty to defend such
claim.
B. If the Indemnifying Part wishes to defend against such
action, it will give wrtten notice to the Indemnifed Part of
acceptnce of the defense of such action. In such event, the
Indemnifying Part has sole authority to defend any such acton,
including the selection of legal counsel, and the Indemnified Part
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifing Part does not
accept the defense of the action, the Indemnifed Part has the
right to employ counsel for such defense at the expense of the
Indemnifying Part. Each Part agrees to cooperate wih the
other Part in the defense of any such action and the relevant
records of each Part will be available to the other Part with
respect to any such defense.
C. In no event will the Indemnifng Part settle or consent to
any judgment for relief other than monetary damages pertining
to any such action without the prior wren consent of the
Indemnified Part. In the event that the Indemnified Part
withholds consent, the Indemnified Part may, at its cot, take
over such defense; provided that, in such event, the Indemnifying
Part shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnified Part against, any co or
liabilty in exces of such refused compromise or setement.
14. Limited Warrnties.
14.1 Each Part will provide suitably qualified personnel to perform its
obligations under this Agreement and provide all Servces hereunder in
a good and workmanlike manner and in material conformance with all
Applicable Laws and regulations.
14.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
QWEST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED
HEREUNDER. QWEST SPECIFICALLY DISCLAIMS ANY AND ALL
IMPLIED WARRNTIES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
or frnchise. Qwest is acting as an independent contractor and wil
have exclusive contrl of the manner and means of performing its
obligations. Notwithstanding anything herein to the contrary, Qwest
reervs the right, in its sole discretion, to modify or change the name
of the Services.
.
16. Assianment.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior wrtten consent of Qwest, which
consent will not be unreasonably withheld. Notwithstanding the
foreoing and subjec to prior credit review, submission of appropriate
legal documentation (including, but not limited to, any appropriate
Secretary of State or other filings or documents specified by Qwest)
and approval by Qwest of CLEC's proposed assignee, CLEC may
assign this Agreement without prior wrtten consent of Qwst to any
Affliate, succssor through merger, or acquirer of substantially all of its
assets; and Qwest may assign this Agreement without prior written
consent to any Affliate, succssor through merger, or acquirer of
substantially all of its business assets; provided that in all cases the
assignee of CLEC or Qwest, as applicable, acknowledge in wring its
assumption of the obligations of the assignor hereunder. Any
attempted assignment in violation hereof is of no forc or effect and is
void. Without limiting the generality of the foregoing, this Agreement
will be binding as to the Partes' respecve succesrs and assigns.
16.2 In the event that Qwt transfers to any unaffliated part
exchanges, including End User Customers that CLEC serves in whole
or in part through Servce provided by Qwest under this Agreement,
Qwst will ensure that the trnsferee serves as a succsor to and
fully performs all of Qwests responsibilties and obligations under this
Agreement for a period of ninety (90) Days frm the effecve date of
such transfer or until such later time as the FCC may direct pursuant to
the FCC's then applicable statutory authori to impose such
responsibilities either as a condition of the transfer or under such other
state statutory authority as may give it such power. In the event of
such a propose trnsfer, Qwest will use its best effort to facilitte
discussions beeen CLEC and the transferee with respect to the
transfere's assumption of Qwts obligations after the transition
period set fort above in accrdance with the terms and provisions ofthis Agreement.
.
17. Reporting Reauirements. If reportng obligations or
requirements are imposed upon either Part by any third part or
reulatory agency in connecon with this Agreement or the Service,
including use of the Services by CLEC or its End Users, the other
Part agres to assist that Part in complying with such obligations and
reuirements, as reasonably required by that Part.
18. Survival. The expiration or termination of this Agreement
does not reieve either Part of those obligations that by their nature
are intended to survive.
19.Confidentiality Nondisclosure.
19.1 Neither Part will, without the prior wrtten consent of the
oter Part (a) issue any public announcement rearding, or make any
oter disclosure of the terms of, this Agrement or use the name or
mark of the other Part or its Affliates; or (b) disclose or use (except
as expressly permitted by, or require to achieve the purposes of, this
Agreement) the Confidential Information of the other Part. Consent
may only be given on behalf of a Part by its Legal Department.
However, a Part may disclose Confidential Information if reuire to
do so by a governmental agency, by operation of law, or if necssary
in any proceeing to establish rights or obligations under this
Agreement, provided that the discosing Part gives the non-disclosing
Part reasonable prior written notice and the receiving Part will
Page 6 of 11 .
D9cuSign Eflvelope 10: 9CBA12E1-59B1-4777-B7C6-4A8C924B843A
. cooperate wih the disclosing Part to seek or take appropriate
protective measure and will make such disclosure in a manner to best
protect the Confidential Information frm further disclosure.
Notwthstanding the foreoing, if reportng or filing obligations or
requirements are imposed upon Qwest by any third part or reulatory
agency in connection with this Agreement, CLEC agrees to assist
Qwest in complying with such obligations and reuirements, as
reasonably reuire by Qwest and to hold Qwest harmless for any
failure by CLEC in this regard. Qwests compliance with any reulatory
filing obligation will not constitute a violation of this section. Each Part
will use reasonable effort to protect the other's Confidential
Information, and will use at least the same effrt to protect such
Confidential Information as the Part would use to protec it own.
19.2 All Confidential Information wil remain the propert of the
disclosing Part. A Part who receives Confidential Information via an
oral communication may request wrtten confirmation that the material
is Confidential Information. A Part who delivers Confidential
Information via an oral communicaion may reuest wrtten
confirmation that the Part receiving the information understands that
the material is Confidential Information. Each Part has the right to
correc an inadvertent failure to identify inforation as Confidential
Information by giving written notification within thirt (30) Days after the
information is disclosed. The receiving Part wil from that time
forwrd, treat such information as Confidential Information.
19.3 Upon reuest by the disclosing Part, the receiving Part will
retum all tangible copies of Confidential Information, whether wñen,
graphic or otherwse, except that the reciving Part may retain one
copy for archival purposes.
19.4 Each Part will keep all of the other Parts Confidential
Information confidential and wil disclose it on a need to know basis
only. Each Part will use the other Parts Confidential Information
. only in connecton with this Agreement and in accrdance wih
Applicable Law. Neither Part will use the other Parts ConfidentialInformation for any other purpose excpt upon such terms and
conditions as may be agreed upon between the Parties in wrting. If
either Part loses, or makes an unauthorized disclosure of, the other
Parts Confidential Information, it wil notify such other Part
immediately and use reasonable effort to retrieve the information.
19.5 Effectve Date of this Section. Notwthstanding any other
provision of this Agreement, the Confiential Information provisions of
this Agreement apply to all information fumished by either Part to the
eter in furtherance of the purpse of this Agreement, even if furnished
before the Effctive Date.
19.6 Each Part agrees that the disclosing Part could be
irrparably injure by a breach of the confidentiality obligations of this
Agreement by the receiving Part or its representatives and that the
disclosing Part is entitled to seek equitable relief, including injunctve
relief and specific perforance in the event of any breach of the
confidentiality provisions of this Agreement. Such remedies are not
the exclusive remedies for a breach of the confdentiality provisions of
this Agrement, but are in addition to all other remedies available at
law or in equity.
19.7 Noting herein should be constred as limiting either Parts
rights with respect to its own Confidential Informaton or its obligations
with respect to the other Parts Confidential Information under Section
222 of the Ac.
20. Waiver. Except as otherwse provided herein, neither
Parts failur to enforc any right or remedy available to it under this
Agreeent will be constred as a waiver of such right or a waiver of
any other provision hereunder.
21. Regulatory Approval. Each Part reserves its right with
respect to whether this Agreement is subject to Secons 251 and 252
of the Act. In the event the FCC, a state commission or any other
governmental authority or agency rejects or modifies any material
provision in this Agreement, whether by direct action or by virtue of
generic proceedings, including without limitation, any pricing terms,
either Part may immediately upon wrien notice to the other Part
terminate this Agreement in whole or in part, including without
limitation, with respe to Service in any stte. In the event a Part
exercises it right to terminate pursuant to this Section 21, the other
Part agrees to cosent to any reulatory approvals necessary to
disconnect any circuits provided pursuant to this Agreement and
further agres to provide any required notice to affeced customers
within five (5) busine days of such notice. If a Part is require by a
lawfl, binding order to file this Agreement or a provision thereof with
the FCC or state reulatory authorities for approal or regulatory
review, the filing Part shall prvide wrtten notice to the other Part of
the existence of such lawfl, binding order so that the other Part may
seek an injunction or other relief from such order. In additon, the filing
Part agrees to resonably cooperate to amend and make
modifcations to this Agreement to allow the filing of this Agreement or
the specific part of this Agreement affeced by the order to the extent
resonably necessry.
22. Notices. Any notices required by or concerning this
Agreement will be in wrng and will be suffciently given if delivered
personally, delivered by prepaid ovemight express servce, sent by
facsimile with electronic confirmation, or sent by certed mail, retum
receipt requested, or by email where specified in this Agreent to
Qwest and CLEC at the addresses shown on the cover sheet of this
Agreement. Notwstanding anything herein to the contrary, Qwest
may provide notice via email or by posting to Qwest' website without
duplicae wrtten notificaion for: (v) marketing notices; (w) notices
provided under. Section 8; (x) rate change notice; or (y) notices
rearding changes in maintenance windows.
23. Force Maleure. Neither Part shall be liable for any delay
or failure in perfrmance of any part of this Agreement frm any cause
beyond its control and without its fault or negligence including, without
limittion, act of nature, act of civil or miltary authority, govemment
reulations, embargoes, epidemics, terrrist act, riots, insurrions,fires, explosions, eartquakes, nuclear accident, fls, workstppages, powr blackout, volcnic action, other major
environmental disturbance, or unusually severe weather coditions
(each, a For Majeure Event). Inabilit to secure product or services
of other Persons or transporttion facilities or act or omissions of
trnsporttion carrers shall be considered Forc Majeure Events to
the extent any delay or failure in performance caused by these
circumstnces is beyond the Parts contrl and wihout that Parts
fault or negligence. The Part affcted by a Forc Majeure Event shall
give prompt notice to the other Part, shall be excused frm
performance of its obligations hereunder on a day to day basis to theextent those obligations are prevented. by the Force Majeure Event,
and shall use resonable effrt to remove or mitigate the Forc
Majeure Event. In the event of a labor dispute or strike the Partes
agre to provide Service to each other at a level equivalent to the level
they prode themselves.
24. GovernIng Law. Colordo state law, without reard to
choice-of-law principles, govems all matters arising out of, or relating
to, this Agreent.
25. Dispute Resolution.
25.1 The Partes will atempt in good faith to reolve through
negotiation any dispute, claim or controvery arising out of, or relating
to, this Agreement. Either Part may give wrtten notice to the other
Part of any dispute not resolved in the noral course of business.
Novembèr 3, 2010/mms/Accss Point, Inc.
. QwestQLSPTM MSA-(v1D-15-10)
. (AZ=COS-1 011 02-0013); (CO=COS-1 011 02-0014); (IA=CoS-1 011 02-0015); (ID=CD5-1 011 02-016); (MN=CD5-1 011 02-0017);
(MT=COS-1 011 02-0018); (ND=CD5-1 011 02-0019); (NM=CDS-101102-o020); (OR=CDS-101102-o021); (SD=CoS.101102-o022);
(UT=COS-101102-0023); (WA=CDS-101102-o024); (W=CDS-101102-o025)
Page 7 of 11
28. Third Part Beneficiaries. The terms, representations,
warrnties and agreement of the Parties set forth in this Agrement
are not intended for, nor will they be for the benefit of or enforcable
by, any third part (including, without limitation, CLEC's Affliates and
End Users).
29. Insurance. Each Part shall at all times during the term of
this Agreement, at it own cost and expense, carr and maintain the
insurance coverage listed below with insurers having a "Bests" rating
of B+XII with respect to liabilit arising from its operations for which
that Part has assumed legal responsibilty in this Agreement. If aPart or its parent company has assets equal to or excing
November 3, 2010/mmslAcc Point, Inc.
Owest QLSpTM MSA- (v10-15-10)
(AZ=CDS-101102-o013); (CO=CDS-101102-0014); (IA=CDS-101102-o015); (ID=CDS-101102-o016); (MN=CDS-101102-o017);
(MT=CDS-1 011 02-0018); (ND=CoS-1 011 02-0019); (NM=CDS-1 011 02-0020); (OR=CoS-1 011 02-0021); (SD=CDS-1 011 02-0022);
(UT=CDS-1 011 02-0023); (WA=CoS-101102-o024); (W=CDS-101102-0025)
DocuSign Envelope ID: 9CBA12E1-59B1-4777-B7C6-A8C924B843A
Each Part will, within seven (7) Days after delivery of the wrtten
notice of dispute, designate a vice-president level employee or a
representative with authority to make commitment to review, meet,
and negotiate, in good faith, to reolve the dispute. The Parties intend
that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, fruency, duration, and
conclusions of these discussions will be at the discrtion of the
representatives. By mutal agreement, the representatives may use
other proceures to assist in these negotiations. The discussions and
correspondence among the representatives for the purposes of these
negotiations will be treated as Confidential Information develope for
purposes of settlement, and wil be exempt fr discovery and
production, and are not admissible in any subsequent proceedings
without the concurrence of both Parties.
25.2 If the designated representatives have not reached a
resolution of the dispute within fifteen (15) Days after the wrtten notice
(or such longer period as agreed to in writing by the Partes), then
either Part may commence a civil acton. Any actn will be brought in
the United States District Court for the District of Colorado if it has
subject mater jurisdicton over the action, and shall othese be
brought in the Denver District Court for the State of Colorado. The
Parties agree that such courts have personal jurisdicton ove them.
25.3 Waiver of Jurv Trial and Class Action. Each Part, to the
extent permitted by law, knowingly, voluntaly, and intentionally waives
its right to a tral by jury and any right to pursue any claim or action
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
25.4 No cause of action regardless of the form of acton, arising
out of, or relating to this Agreement, may be brought by either Part
more than tw (2) years after the cause of action aries.
26. Headings. The headings used in this Agrement are for
convenience only and do not in any way limit or otherwse affect the
meaning of any terms of this Agreement.
27.Authorization. Each Part represents and warrnts that:
A. th full legal name of the legal entity intended to provide and
receive the benefits and Services under this Agreement is
accurately set forth herein;
B. the person signing this Agreement has been duly authorized
to execute this Agreement on that Parts behalf;
C. the execution hereof is not in conflict with law, the terms of
any charter, bylaw, artcles of asociation, or any agreement to
which such Part is bound or affected; and
O. each Part may. act in reliance upon any instructon,
instrment, or signature reasonably believed by it to be authorized
and genuine.
$10,000,000,000, that Part may utilze an Affliate captive insurance
copany in lieu of a "Bests" rated insurer. To the extent that the
parent copany of a Part is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Secton, to the extent its afliated Part
fails to meet such obligations.
29.1 Worers' Compensation wi statutory limits as reuired in
th stae of operation and Employers' Liability insurance with limits of
not les than $100,000 each accident.
29.2 Commercial General Liabilty insurance covering claims for
bodily injury, death, personal injury or propert damage, including
coverage for independent contractr's protection (required if any work
wil be subcontrcted), product and/or completed operaions and
contractual liabilty with respect to the liabilty assumed by each Part
herender. The limit of insurance shall not be less than $1,000,000
each occrrce and $2,000,000 general aggregate limit.
29.3 "All Rik" Propert coverage on a full replacement cost basis
insuring all of such Parts persnal propert situated on or within the
Premises.
29.4 Each Part may be asked by the other to provide
certifcae(s) of insurance evidencing coverage, and thereafter shall
provide such certificate(s) upon reuest. Such certficates shall:
A. name the other Part as an additional insured under
commercial general liabilty coverage;
B. indicate that coverage is primary and not exce of, or
contributory with, any other valid and collectible insurance
purchased by such Part; and
C.acknowedge severability of interestcross liabilty coverage.
30. Communicaions Assistance Law Enforcement Ac of
.1. Each Part repreents and warrnts that any equipment,facilites or Service provided to the other Part under this Agrement
comply with th CALEA. Each Part will indemnify and hold the other
Part harmless from any and all penalties impoed upon the other
Part for such noncompliance and will at the non-cpliant Parts
sole cost and expnse, modify or replace any equipment, facilites or
Servces provided to the other Part under this Agreement to ensure
that such equipment, facilities and Servces fully comply wi CALEA.
31. Entire Agreement. This Agrement (including all
Attchment, Rate Sheets, and other document referred to herein)
constitues the full and entire understanding and agrement between
the Partes wi reard to the subject of this Agreement and
supersedes any prior understandings, agreements, or representtions
by or between the Parties, wrtten or oral, including but not limited to,
any term sheet or memorandum of understanding entered into by the
Parties, to the exent they relate in any way to the subject of this
Agreement. Notthstnding the foregoing, certin elements used in
combination with the Service provided under this Agreemen are
provided by Qwest to CLEC under the terms and conditions of its
intercnnection agreement, and nothing contained herein is intended
by the Parties to amend, alter, or otherwse modify those tenns and
conditions.
32.Prof of Authorization.
32.1 Each Part shall be responsible for obtaining and
maintaining Proof of Autorition (POA), as reuire by applicable
federal and state law, as amended from time to time.
Page80f11
.
.
.
DocuSign Envelope 10: 9CBA12E1-59B1-4777-B7C6-4A8C924B843A
.32.2 Each. Part wil make p~As available to the other Part upon
request. In the event of an allegation of an unauthorized change or
unauthorized servce in accrdance with Applicable Law, the Part
charged with the alleged infrction shall be responsible for reolving
such claim, and it shall indemnify and hold harmless the other Part for
any losses, damages, penalties, or other claims in connection with the
alleged unauthorized change or service.
such actvit.
33.4. Construction. Qwest will provide necessary construction
only to the extent required by Applicable Law.
33.5. Individual case Basis Requests. CLEC may reque~t
additional Servces not specied in this Agreement and Qwest will
consider such requests on an Individual Case Basis.
33.General Terms.33.6.Responsibilit For Environmental Contamination.
33.1 Qwest will provide general repair and maintenance services
on its facilities, including those facilities supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Qwest.
A. Neither Part shall be liable to the other for any costs
whatsoever resulting frm the presence. or release of any
Environmental Hazrd that either Part did not intrduce to the
affected work locaion. Each Part shall defend and hold
harmles the other Part and it respectve offcers, dirers and
employees from and against any losses, damages, claims,
demands, suits, liabilities, fines, penalties and expenses
(including reasonable attomeys' fees) that arise out of or resultfrm:
33.2 In order to maintain and modemize the netwrk properly,
Qwest may make necesary modifcaions and changes to its netwrk
on an as needed basis. Such changes may result in minor changes to
trnsmission parameters. Network maintenance and modemization
activities will result in transmission parameters that are within
transmission limits of the Service ordered by CLEC. Qwest will provide
advance notice of changes that affct netwrk Interoperabilty pursuant
to applicable FCC rules.
1. any Environmental Hazrd that the Indemnifyng Part,
its contctors or agents introuce to the work locaions; or
A. Protection of Service and Proper. Each Part wil exercse
the same degre of care to prevent harm or damage to the other
Part and any third partes, its employees, agents or End User
Customers, or their propert as it employs to protect its own
employees, agents, End User Customers and propert, , but in no
case less than a comercially reasonable degre of care.
2. the presence or release of any Environmental Hazard
for which the Indemnifing Part is responsible under
Applicable Law.
33.3 Networ1 Security.
.B. Each Part is responsible to provide securi and privacy of
communications. This entails protecting the confidential nature of
Telecmunications transmissions betwen End User Customers
during technician work operations and at all times. Specically,
no employee, agent or representaive shall monitor any circuit
except as required to repair or provide Service of any End User
Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or
who participated in such comunications or even that such
comunication has taken place. Violation of such security may
entail state and federal crminal penalties, as well as civil
penalties. CLEC is responsible for covering its employees on
such security requirements and penalties.
B. In the event any suspect materials within Qwest-oed,
operated or leased facilities are identified to CLEC by Qwst to be
asbesto containing, CLEC wil ensure that to the extent any
actvities which it undertes in the facilit disturb such suspect
materials, suc CLEC activities will be in accrdance with
Applicable Law, including without limitation, applicable local, stateand federal environmentl and health and safety statuts and
regulations. Except for abatement activities undertken by CLEC
or equipment placement actvities that result in the generation of
asbestos-ctaining material, CLEC does not have any
responsibility for managing, nor is it t~e owner of, nor does it ~~ve
any liabilty for, or in connection with, any asbestos-cntaining
material. Qwst agres to immediately notify CLEC if Qwest
undertkes any asbestos control or asbestos abatement activites
that potentially could affec CLEC personnel, equipment or
operations, including, but not limited to, contamination of
equipment.
C. The Partes' netwrks are part of the national securi
netwrk, and as such, are protected by federal law. Deliberate
sabotage or disablement of any portion of the underlying
equipment used to provide the netwrk is a violation of federal
statues with severe pealties, especially in times of national
emergency or state of war. The Parties are responsible for their
employees with respect to such securi reuirements and
penalties.
D. Qwest shall not be liable for any losse, damages or other
claims, including, but not limited to, uncollecble or unbilable
revenues, resulting frm accdental, errneous, malicious,
fraudulent or otherwse unauthoried use of Service or facilties
('Unauthorized Use"), whether or not such Unauthorzed Use
could have been reasonably prevented by Qwest, excet to the
extent Qwest has been notified in advance by CLEC of the
existence of such Unauthorized. Use, and fails to take
commercally reasonable steps to assist in stopping or preventing
November 3, 2010/mmslAccess Point, Inc.
. QwestQLSplM MSA-(v1Q-15-10)
(AZ=COS-1 01102-0013); (CO=CDS-101102-o014); (IA=COS-101102-o015); (ID=CDS-1 01102-0016); (MN=CDS-101102-O17);
(MT=CDS-1 011 02-0018); (ND=CDS-1 011 02-0019); (NM=CDS-1 011 02-0020); (OR=CDS-1 011 02-021); (SD=CDS-1 011 02-0022);
(UT=CoS-1 011 02-0023); (WA=C05-1 011 02-0024); (W=COS-1 011 02-0025)
Page 9 of 11
DocuSign Envelope 10: 9CBA12E1-59B1-4777-B7C6-A8C924B843A '", I
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 at. seq.), as
amended.
"Advanced Intellgent Network" or "AIN" is a Telecmmunicaions netwrk
architecture in which call processing, call routng and netrk management
are provided by means of centralized databases.
"Affliate" means a Person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the term 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 percent.
"Automatic Location Identification" or "ALI" is the automatic display at the
Public Safety Answering Point of the caller's telephone number, the
address/location of the telephone and supplementary emergency services
information for Enhanced 911 (E911).
"Applicable Law" means all laws, statues, common law including, but not
limited to, the Act, the regulations, rules, and final orders of the FCC, a
stae regulatory authority, and any final orders and decisions of a court of
competent jurisdiction reviewing the regulations, rules, or orders of the
FCC or a state regulatory authority.
"Bil Date" means the date on which a Biling period ends, as identified on
the bil.
"Billng" involves the provision of appropriate usage data by one
Telecommunicons Carrer to another to facilitate Customer Billng with
attendant acknowledgments and status report. It also involves the
exchange of information between Telecommunications Carrers to proces
claims and adjustents.
"Carrer" or "Common Carrer" See Telecommunications Carrier.
"Central Ofce" means a building or a space within a building where
trnsmission facilities or circuit are connected or switched.
"Commercal Mobile Radio Service" or "CMRS" is defined in 47 U.S.C.
Section 332 and FCC rules and orders interpreting that staute.
"Communications Asistance for Law Enforcement Act' or "CALEA" refers
to the duties and obligations of Carrers under Section 229 of the Ac.
"Confidential Informaton" means any information that is not generally
available to the public, whether of a technical, business, or other nature
and that: (a) the receiving Part knows or has reason to know is
confidential, proprietary, or trade secret information of the disclosing Part;
and/or (b) is of such a nature that the receivng Part should reasonably
understand that the disclosing Part desires to protect such information
against unrestricted disclosure. Confidential Information will not include
information that is in the public domain through no breach of this
Agreement by the receiving Part or is already known or is independently
developed by the receiving Part.
'Customer" means the Persn purchasing a Telecommunications Service
or an information service or both frm a Carrer.
"Day" means calendar days unless otherwse specified.
'oemarcation Point" is defined as the point at which the LEC cees to
ow or control Customer Premises wiring including without limitation inside
wiring.
"Directory Asistance Database" contains only those published and non-.
listed telephone number listings obtained by Qwest from its own End User
Customers and oter Telecmmunications Carriers.
"Director Asistance Service" includes, but is not limited to, making
available to callers, upon request, information contained in the Directory
Assistance Database. Directory Assistance Service includes, where
available, the option to complete the call at the caller's direction.
"Due Date" means the specific date on which the requested Service is to
be available to the CLEC or to CLEC's End User Customer, as applicable.
"End User Customer" means a third part retail Customer that subscribes
to a Telecommunications Service provided by either of the Partes or by
another Carrer or by tw (2) or more Carrers.
"Enviromental Hazrd" means any substance the presence, use,
trnsport, abndonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limittion, the Comprehensive Environmental Response
Compensation and Liabilty Act, Superfnd Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
Occpaional 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 Carrier" or "IXC" means a Carrer that provides InterLTA
or IntLATA Toll servce.
"Line Information Database" or "L1DB" stores various telephone line.
numbers and Special Biling Number (SBN) data used by operaor service
systes to pross and bil Alrnately Billed Service (ABS) calls. The
operar servce sysem accsses L10B data to provide originating line
(calling number), Billng number and terminating line (called number)
information. L1DB is used for callng card validation, frud prevention,
Biling or service restctons and the sub-accunt information to be
included on the call's Billng record. Telcordia's GR-446-eORE defines the
interface between the administrtion system and L1DB including specific
message formats (Telcordia's TR-NWP-000029, Section 10).
"Line Side" refers to End Offce Switch connectons that have been
programmed to treat the circuit as a local line connected to a terminating
station (e.g., an End User Customer's telephone station set, a PBX,
answering machine, facsimile machine, computer, or similar customer
device).
"Locl Exchange Carrer" or "LEC" means any Carrer that is engaged in
the provision of Telephone Exchange Service or Exchange Access. Such
term does not include a Carrer insofar as such Carrer is engaged in the
provision of Commercal Mobile Radio Service under Secon 332(c) of the
Act, except to the extnt that the FCC finds that such servce should be
included in the definiton of such term.
"Loop" or "Unbundled Loop" is defined as a transmission facilty betwen a
distributon frme (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 industr standard forms and
supporting docmention use for ordering local services.
November 3,2010/mms/Access Point, Inc.Qwest QLSpTM MSA- (v10-15-10) Page 10 of 11
(AZ=CDS-101102.o013); (CO=CDS-101102-0014); (IA=CoS-101102-O15); (ID=CDS-101102.o016); (MN=CDS-101102-O17);
(MT=CoS-101102.o018); (ND=CDS-101102-O19); (NM=CDS-101102-O20); (OR=CDS-101102.o021); (SD=CDS-101102.o022);
(UT=CDS-101102-O23); (WA=CDS-1011 02.0024); (W=CDS-101102-O25)
.
OpcuSigÎ Envelope 10: 9CBA12E1-59B1-4777-B7C6-4A8C924B843A
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITIONS
4Icell~neous Charges" i:ean charges that Qwest may assess in addition
cumng and nonrecumng rates set forth in the Rate Sheet, for activities
LEC reuests Qwest to perfrm, activities CLEC authories, or charges
that. .are a result of ~LEC'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.
"Netwrk Element" is a facilit or equipment used in the provision of
Telecommunications Service or an infonnation service or both. It also
includes features, functons, and capabilties that are provided by means of
such facilty or equipment, including subscnber numbers databases
signaling systems, and infonnation sufcient for Billng and' collecion o~used in the transmission, routing, or other provision of a
Telecommunications Service or an infonnation service or both, as is more
fully descnbed in this Agreement.
"Operational Support Systems" or MOSS. mean pre-ordenng, Provisioningmaintenance, repair and billng systems. '
"Order Fonn" means servce order reuest fonns issued by Owest asamended frm time to time. '
"Persn" is a general tenn meaning an individual or association
corporation, finn, joint-stock copany, organization, partnership, trst o~
any other fonn or kind of entit.
"Port means a line or trunk connection point, including a line card and
associated penpheral equipment, on a Central Offce Switch but does not
include Switch feature. The Port serves as the hardware tennination for
line or Trunk Side facilities connected to the central Offce Switch. Each
Line Side Port is tyically associated wih one or more telephone numbers
that serve as the Customer's netwrk address.
A.-iseS" refers to Qwests centrl Offces and Serving Wire Centers; all
~;~9S or similar strctres owned, leased, or otherwse contrlled by
Owst that house its network facilities; all structures that house Owst
facilities on public nghts-of-way, including but not limited to vaults
containing Loop concentrators or similar structure; and all land owed,
leased, or otherwse contrlled by Qwest that is adjacent to these central
Ofce, Wire Centers, buildings and structure.
"Proof of Authonztion" or "POA" shall consist of venficaon of the End
User Customer's selection and authonzation adequate to document the
End User Custoer's selection of its locl service provider and may take
the form of a third part venfcaion fonnat.
"Provisioning" involves the exchange of infonnation beten
Telecommunications Carrers where one executes a request for a set of
product and services from the other with attendant acknowledgments and
status rert.
"Public Switched Netwrk" includes all Switches and trnsmission facilities
whether by wire or ra~io, provided by any Common carrer including LECs:
IXCs and CMRS providers that use the Nort Amencan Numbering Plan in
connection with the provision of swiched services.
"Servng Wire Center" denotes the Wire Center fro which dial tone for
local excange service would nonnally be provided to a partcular
Customer Preises.
Accss Tandem Switches), and betwen Tandem Swtches within the
Local Callng Ara, as descnbed more fully in this Agrement.
"Switch" means a switching device employed by a Carrer within the Public
Switched Netwrk. Switch includes but is not limited to End Offce
Switches, Tandem Switches, Accss Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
cobination of End Ofcelandem Switches.
"Switched Acc Traffc," as specifically defined in Qwests interstate
Switched Accss Tanff, is trffc that onginates at one of the Parts End
User Customers and tenninates at an IXC Point of Presence, or onginates
at an IXC Point of Presence and tenninates at one of the Parts End User
Customers, whether or not the traffc trnsits the other Parts netrk.
''Tari as used throughout this Agreement refers to Owst interstate
Tanff and state Tanff, pnce lists, and pnce schedules.
"Telecommunications Carrer" means any provider of Telecommunications
Servces, except that such term doe not include aggregators of
Telecommunications Services (as defined in Secton 226 of the Act). A
Telecommunications Carrer shall be treated as a Common Carer under
the Act only to the extent that it is engaged in providing
Telecommunications Services, except that the FCC shall detennine
whether the provision of fixed and mobile satellite servce shall be treted
as comon carrage.
"Telecommunications Service" means the offenng of telecmmunications
for a fee direy to the public, or to such classes of users as to be
effectvely available directy to the public, reardless of the facilities used.
"Telephone Exchange Service" means a Service within a telephone
exchange, or within a conneced sysem of telephone exchanges within thesame exchange area operated to furnish to End User Custers
intercommunicating Servce of the character ordinanly fumished by a single
exchange, and which is covered by the excange servce charge, or
comparable Servce provided through a system of Switches, transmission
equipment or other facilities (or combinations thereof) by which a
subscnber can onginate and tenninate a Telecmmunications Service.
"Trunk Side" refers to Switch connectons that have been prorammed to
trt the circuit as connected to another swihing enti.
"Wire Center denote a building or space within 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 Centrl Offce, used for the provision of basic
exchange Telecommunications Servces and access Servce, are located.
Tenns not otherwse defined here but defined in the Act and the orders and
the rules implementing the Ac or elsewhere in this Agreement, shall have
the meaning defined there. The definiton of tenns 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 fort in the Aá and the rules
implementing the Act.
"Shared Transport" is defined as local interoffce transmision facilites
share by more than one carrer, including Owest, betwen End Ofce
Switches, between End Ofce Switches and Tandem Switches (local and
November 3, 2010/mmslAccss Point, inc.
.st QLSpTM MSA - (v1 0-15-1 0)
=CDS-101102-o013); (CO=CDS-1 011 02-0014); (IA=CDS-1 01102-0015); (ID=CDS-1 01102-016); (MN=CDS-101102-0017);
T=CDS-101102-o018); (ND=CDS-101102-o019); (NM=CDS-1011 02-0020); (OR=CD5-101102-o021); (So=CoS-1 011 02-0022);
(UT=CoS-101102-o023); (WA=CDS-101102-o024); (w=C05-101102-O25)
Page 11 of11
.DocuSign Envelope 10: 9CBA12E1-59B1-4777-B7C6-A8C924B843A
.1.0
.
QWEST LOCAL SERVICES PLATFORMlI AGREEMENT
ATTACHMENT 2-QLSPlI Service Description
Qwest will provide Qwest Local Services PlatfoimlB
rQLS~) Services accrding to the teims and conditionsset forth in the QLSP Agreement between the Parties (the
"Agreement") and in this Attchment 2 to the Agreement,
which is incorporated into and made a part of the Agreement
(this "Attachment). Except as otherise set forth in this
Attchment, capitlized teims 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, infoimation services (or both)
that CLEC chooses to offer to the extent that such services
are granted herein or not limited hereby.
1.2.1 Pursuant to the order issued by the FCC
pertaining to the availabilty of Unbundled Netrk Element
rUNE") Loops under Section 251(c)(3) of the Act in itsReport and Order-Petition of Qwest Corpration for
Forbearance Pursuant to 47 U.S.C. § 160(c in the Omaha
Metropolitan Statistical Area, FCC 05-170, WC Docket No.
04-223, (effectve September 16, 2005), Qwestwill provide
to CLEC the Loop element of QLSP Services purchased in
the followng nine Omaha Nebraska Wire Centers under the
teims and conditions of the Agreement and this Attchment
at Rates provided in the Rate Sheet: Omaha Douglas;
Omaha Izard Street; Omaha 90th Street; Omaha Fort Street;
Omaha Fowler Street; Omaha 0 Street; Omaha 78th Street;
Omaha 135th Street; and Omaha 156th Stret.
1.2.2 The following QLSP Service tyes wil be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(including Centrex 21); Centrex Plus; Centron in Minnesotaonly; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP ResidentiaL.
1.1 General QLSP Service Description.
1.1.1 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Advance
Intellgent Network rAIN") Services, e.g., remote access
forwarding, and Qwest Voice Messaging Services ("VMS")
may also be purchased with compatible QLSP Services.
These Netwrk Elements wil be provided in compliance with
all Telcordia and other industry standards and technical and
perfoimance specifications to allow CLEC to combine the
QLSP Services with a compatible voicemail product and
stutter dial tone. Qwest wil provide access to 911
emergency services and directory listings in accrdance with
the teims and conditions of CLEC's interconnecion
agreements ("ICAs"), excpt that the business end user rate
in the applicable tariff applies to all end user premium and
privacy directory listings (with the exception of residential
additional listings, i.e., USOC RL T) when services are
provisioned to CLEC under this Agreement whether CLEC's
end user is a residential end user or a business end user.
As part of the QLSP Service, Qwest combines the Network
Elements that make up QLSP Service with analog/digital
capable Loops, with such Loops (including services such as
line spliting) being provided in accordance with the rates,
teims and conditions of the CLEC's ICAs. CLEC may also
purchase Qwest Commercial High Speed Intemet (HSI)
Service (also known as Qwest Digital Subscrber LinelB
(DSL)), under a separate Services agreement, to be used
with compatible QLSP Service.
1.2.3 QLSP PBX Analog 2-Way DID Trunks wil be
combined with 4 wire loops.
1.3 Local Switching. The Local Switching Netwrk Element
("Local Switching") is collectively the Line Side and TrunkSide facilties in the local serving Qwest end offce Switch
which provides the basic switching function, the por, plus
the features, functions, and capabilties of the switch
including all compatible, available, and loaded vertical
features (e.g., anonymous call rejection) that are loaded in
that swich. Vertical features are softare attributes on end
offce Switches and are listed on the Qwest wholesale
website. Qwest signaling is provided with Local Switching
solely as described in Secton 1.4.2 of this Attchment. The
following Local Switching port are available with QLSP
Service: Analog Line Por, 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 detectn; audible and power ringing;
Automatic Message Accunting (AMA Recording); and
blocking options.
1.1.2 QLSP Service is available in six different service
arrangements, each of which is described more fully below:
QLSP Residential; QLSP Business; QLSP Centrex
(including Centrex 21, Centrex Plus and, in Minnesota only,Centron); QLSP ISDN BRI; QLSP Public Accss Lines
("PAl); QLSP PBX Analog DID and non-DID (one way and
tw way) trunks.
1.3.2 Digital Line Port Supporting BRI ISDN. BRI ISDN
is a digital arcitecture that provides integrated voice and
data capabilty (2 wire). A BRI ISDN Port is a Digital 2B+0
(2 Bearer Channels for voice or data and 1 Delta Channel forsignaling and 0 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 arrangement confoims to
the intemationally developed, published, and recognized
standards generated by Intemational Telegraph and
Telephone Union (foimerly CCITI).
1.1.3 Nothing in this Attachment or the Agreement
precludes Qwest frm withdrawing availabilty of
comparable, functionally equivalent services from its retail
end user customers. In the event of such withdrawal or
discontinuation, Qwest may also withdraw availabilty of the
equivalent QLSP Service.
1.2 Combination of QLSP Service with Loops. Except as
described below, the Loop wil be provided by Qwest under
the applicable ICAs in effec between Qwest and CLEC at
the time the order is placed. As part of the QLSP Service,
Qwest will combine the Local Switching and Shared
Transport Network Elements with the Loop.
1.3.3.1 Analog trunk Port provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or
4-Wire connecions. This Trunk Side connection
inherently includes hunting within the trk group.
1.3.3 Analog Trunk Port. OSO analog trunk Ports can be
configure as DID, DOD, and tw-way.
November 3, 2010/mmslAccss Point, Inc.
. Attchment 2 - QLSPlB - (v8-20-10)
. (AZ=CDS-101102-0013); (CO=CDS-101102-0014); (IA=CoS-101102-o015); (ID=CDS-101102-0016); (MN=CDS-101102-0017);
(MT=CDS-101102-0018); (ND=CDS-101102-o019); (NM=CDS-101102-0020); (OR=CDS-101102-o021); (SD=CoS-101102-o022);
(UT=CDS-101102-0023); (WA=CDS-101102-o024); (W=CDS-101102-0025)
DocuSign Envelope 10: 9CBA12E1-59B1-4777-B7C6-A8C924B843A
QWEST LOCAL SERVICES PLATFORM(l AGREEMENT
ATTACHMENT 2-QLSP(l Service Description
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Offce. For 2-Wire service, the trunks are
converted at the End User Customets location.
record; and callng card, biled to third number, and collect
call information used in prossing Altemately Billed
Servces (ABS)..
1.3.3.4 Two-way analog DID trunks require E&M
signaling. Qwest will use Type i and II E&M
signaling to provide these trunks to the PBX. Type II
E&M signaling from Qwest to the PBX will be
handled as a special assembly request on an
Individual Case Basis.
1.4.5 The ICNAM database is used with certin end
offce Switch features to provide the callng parts name to
CLEC's End User Customer with the applicable feature
capabilty. The ICNAM database contains current listed
name dat by working telephone number served or
administered by Qwest, including listed name data provided
by other Telecommunications Carrers participating in
Qwests callng name delivery service arrangement.
1.3.3.3. Two-way analog 010 trunks are capable of
initiating out going calls, and may be equipped with
either rotary or touch-tone (DTMF) for this purpose.
When the trunk is equipped with DID call transfer
feature, both the trunk and telephone instrments
must be equipped with DTMF.
1.4.6 Qwest wil provide the listed name of the callng
part that relates to the callng telephone number (when theinformation 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 within this
Attachment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
1.4 Vertical Features and Ancilary Functions and Services.
1.4.7 For CLEC's QLSP End User Customers, Qwest
wil load and update CLEC's QLSP End User Customers'
name information into the L1DB and ICNAM databases frm
CLEC's completed service orders. CLEC is responsible for
the accuracy of its End User Customers' informaton.
1.4.1 QLSP Service indudes nondiscriminatory accss to
all vertical features that are loaded in the Local serving
Qwest end offce switch.
1.4.8 Qwest will exercise reasonable effort to provide
accurate and complete L1DB and ICNAM information. The
information is provided on an as-is basis with all faults.
Qwest does not warrnt or guarantee the correcness or the
completenes of such information; however, Qwest wil
access the same database for CLEC's QLSP End User
Customers as Qwest accesses for its own End User
Customers. Qwest will not be liable for system outage or
inaccessibilty or for loses arising frm the authorized use of .
the data by CLEC.
1.4.2 Local Switching includes use of Qwests signaling
netwrk (ISUP call set-up) solely for Local Traffc. "Local
Traffc" and "Local Calls" means calls that originate and
terminate within the Local Callng Area as defined in the
Qwst tariff. Qwest wil provide service control points in the
same manner, and via the same signaling links, as Qwest
uses such servce control points and signaling links to
provide service to its End User Customers served by that
switch. Qwests call related databases include the Line
Information Database (L1DB), Intemetwrk Callng Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portbilty Database. CLEC
wil not have aCCeSS to Qwests AIN-based services that
qualify for proprietary treatment, except as expressly
provided for in the Agreement or this Attchment. Local
Switching does not include use of Qwests signaling netwrk
for Toll Traffc. "Toll Traffc" and "Toll calis" means intra local
access and transport area ("LATA") or interLTA calls that
originate and terminate outside of the Local Callng Area as
defined in the Qwest tariff. For all Toll Traffc originated by
or terminated to CLEC's QLSP End User Customer, Qwest
may bil applicable tariff charges, including SS7 message
charges (ISDN User Part (ISUP) and Transaction
Capabilties Application Part (TCAP)), to the Interexchange
Carrier (IXC) or other wholesale SS7 provider.
1.4.9 Qwest wil not charge CLEC for the storage of
CLEC's QLSP End User Customers' information in the L1DB
or ICNAM databases.
1.5 Shared Transport and Toll.
1.4.3 ICNAM and L1DB. CLEC wil have non-
discriminatory accss to Qwests L1DB database and ICNAM
database as part of the delivery of QLSP Service.
1.5.1 Shared Transport. The Shared Transport
Network Element ("Shared Transport") provides the
collective interoffice transmission facilties shared by various
Carrers (including Qwest) between end-offce switches and
betwen end-offce switches and local tandem switches
within the Local Callng Area. Shared Transport uses the
existing routing tables resident in Qwest switches to carr
the End User Customets originating and terminating
local/extended area service interoffce Local traffc on the
Qwest interoffce message trunk network. CLEC traffc will
be carred on the same transmission facilties between end-
offce switches, between end-offce switches and tandem
switches and betwen tandem switches on the same
netwrk facilties that Qwest uses for its own traffc. Shared
Transport does not include use of tandem switches or
transport between tandem switches and end-offce switches
for Local Calls that originate from end users served by non-
Qwest Telecommunications Carriers ("Carrer(s)" which
terminate to QLSP End Users.1.4.4 The L1DB database contains the following data:
various telephone line numbers and special biling number
(SBN) data; originating line (callng number); billng number
and terminating line (called number) information; callng card
validation; fraud prevention; Billng or service restrictions;
sub-account information to be included on the call's Biling
1.5.2 Originating Toll Calls from, and terminating Toll
Calls to, QLSP End Users wil be delivered tolfrom the
designated IXCs from the Qwest end-offce switches and
access tandems. Use of accss tandem switches are not
November 3, 2010/mmslAccess Point. Inc.
Attchment 2 - QLSP(l - (v8-20-10)
(AZ=CDS-101102-0013); (CO=CDS-101102-0014); (IA=CDS-101102-0015); (ID=CDS-101102-o016); (MN=CDS-101102-0017);
(MT=CDS-101102-0018); (ND=CDS-101102-o019); (NM=CDS-101102~0020); (OR=CoS-101102-o021); (SD=CDS-101102-0022);
(UT=CoS-101102-0023); (WA=CDS-101102-o024); (W=COS-101102-0025)
2 .
. DocuSign Envelope 10: 9CBA12E1-59B1-4777-B7C6-4A8C924B843A
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description.
1.5.3 IntraLATA and InterLATA Carrier Designation.
QLSP includes the capabilty for selection of the interLATA
and intraLATA Toll provider(s) on a 2-Primary InterexchangeCarrier (PIC) basis. CLEC wil designate the PIC
assignment(s) on behalf of its End User Customers for
interLTA and intra LATA Services. All CLEC initiated PIC
changes will be in accordance with all Applicable Laws, rules
and regulations. Qwest will not be liable for CLEC's
improper PIC change 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 intra LATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwest LPIC 5123 to CLEC's End User
Customers. Qwest wil bil CLEC and CLEC will pay Qwest
the rates contained or referenced in the attched Rate
Sheet.
of an analog Line Side Port and Shared Transport provided
under the Agreement with an analog - 2 wire voice grade
Loop provided in accordance with CLEC's ICAs, except for
those Loops that are otherwise provided for in the
Agreement.
included in the Agreement or this Attachment and access
tandem charges, if any, may be biled by Qwest to the IXC(s)
under the applicable access tariff.
1.6.5 QLSP PBX is available to CLEC for CLEC's
business End User Customers.
1.6.5.1 PBX analog non-DID trunks are combinations
of an analog Line Side Port and Shared Transport
provided under the Agreement with an analog - 2 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 2 wire
voice grade Loop provided in accoance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.5.5 Usage. Shared Transport is billed on a MOU
basis as described within this Attchment. Rates for
"Shared Transport Usage" or "Shared Transport MOUs" are
provided in the QLSP Rate Sheet.
1.6.5.3 PBX with analog 2- way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 4 wire
voice grade Loop provided in accrdance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.1.6 QLSP Service Arangement Descriptions.
.1.6.1 QLSP Business is available to CLEC for CLEC's
business End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except for those
Loops that are otherwise provided for in the Agreement.
1.6.6 QLSP Residential is available to CLEC for CLEC's
residential End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except as
otherwse provided for in the Agreement. QLSP Residential
may be ordered and provisioned only for residential End
User Customer application. The definition of residential
service is the same as in Owests retail tariff as applied to
Qwests End User Customers.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Services
include Centrex 21, centrex Plus and, in Minnesota only,
Centron, and are the combination of an analog Line Side
Port and Shared Transport provided under the Agreement
with an analog - 2 wire voice grade Loop provided in
accordance with CLEC's ICAs, except for those Loops that
are otherwse provided for in the Agreement.
1.6.2.1 CLEC may request a conversion frm Centrex
21, centrex-Plus or centron servce to QLSP Business or
QLSP ResidentiaL. The Conversion NRC(s) provided in
the Rate Sheet wil apply.
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
(WN) utilzing the LSR process as described in the
Qwest wholesale website.
2.0 Additional Terms and Conditions and Service Features.
2.1 Owest does. not warrant the availabilty of facilities 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 facilties eligible to provide
QLSP Service and that any and all facilities 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 wil provide access to Customer
Management System (CMS) with QLSP-Centrex at the
rates set forth in the Rate Sheet.
1.6.3 QLSP ISDN BRI is available to CLEC for CLEC's
End User Customers and is the combination of a Digital Line
Side Por (supporting BRI ISDN). and Shared Transport
provided under the Agreement with a Basic Rate ISDN-
capable Loop provided in accrdance with CLEC's ICAs,
except for those Loops that are 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 specifcally requested otherwise,
Qwest provisions POTS Services as LPS. GST is generally1.6.4 QLSP PAL is available to CLEC for only CLEC's
Payphone Service Providers (PSPs) and is the combination
November 3, 2010/mmslAccss Point, Inc.
. Attachment 2 - QLSPiI- (v8-2Oo1O)
(AZ=CoS-101102-0013); (CO=COS-101102-0014); (IA=CDS-101102-o015); (ID=CDS-101102-o016); (MN=CDS-101102-o017);
(MT=CDS-1 011 02-0018); (ND=CoS-1 011 02-0019); (NM=CDS-1 011 02-0020); (OR=CDS-1 011 02-0021); (SD=CDS-1 011 02-0022);
(UT=CDS-1 011 02-0023); (W A=CDS-1 011 02-0024); (W=CDS-1 011 02-0025)
3
oocuSign Envelope 10: 9CBA12E1-59B1-4777-B7C6-A8C9248843A
QWEST LOCAL SERVICES PLATFORMlI AGREEMENT
ATTACHMENT 2-QLSPlI Service Description
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
reuesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwest wil provide to CLEC
certin originating and terminating call records ("usage
information") generated by CLEC's QLSP end user via a
DUF.
2.3.1 Qwest wil provide to CLEC Local Call usage
information within Qwests control with respect to calls
originated by or terminated to CLEC QLSP End User
Customers in the form of the actual information that is
comparable to the information Qwest uses to bil its own End
User Customers.
2.3.2 Qwest will provide to CLEC usage information
necessary for CLEC to bil for interLTA and intraLATA
exchange access to the IXC (excluding intraLATA usage
information if Qwest LPIC 5123 is selected as the intra LATA
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 allowed under section 3.7 of
this Attchment. These exchange accss recrds will be
provided as Category 11 EMI records via the DUF.
2.3.3 Qwest will provide DUF records for the follong:
all usage occurrences bilable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line IntemJpt (BLI);
originating local usage; usage sensitive CLASS features;
and Qwest-provided intraLATA toll.
2.3.4 Local Call usage records will be provided as
Category 01 or Category 10 EMI records via the DUF.
Terminating Local Call usage recrds are not colleced or
available and will not be provided.
2.4 Feature and interLATA or intraLATA PiC changes or
additions for QLSP, will be processed concurrently wih the
QLSP order as specified by CLEC.
2.5 Accss to 911/E911 emergency Services for CLEC's End
User Customers will be available in accordance with CLEC's
ICAs. If Qwest is no longer obligated to provide acc to
911/E911 emergency services in accordance with 47 U.S.C.
§251 , Qwest will then provide such services under the
Agreement with respect to all CLEC QLSP Servce 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.
2.6 Qwest AI N and VMS are offered on a commercial basis and
may be purchased with QLSP at the rates set forth in the
attched Rate Sheet. Retail promotions may not be
combined with QLSP.
2.7 If Qwest develops and deploys new local switch features for .
its End User Customers, those switch features will be
available with QLSP Service in the same areas and subject
to the same limitations. The rates that Qwest charges for
such new local switch features will not in any case be higher
than the retail rate Qwest charges for such features.
2.8 Nothing in the Agreement alters or affects CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
2.9 Qwest Operator Services and Directory Assistance Servces
are provided under the terms and conditions of CLEC's
ICAs.
3.0 Rates and Charges.
3.1 The recurrng ("MRC") and NRC rates for QLSP Services
and all associated QLSP applicable usage-based rates and
miscellaneous charges are set forth or incorporated by
reference into the attched QLSP Rate Sheets. Rates for
QLSP Services are in addition to the applicable rates for
elements and Services provided under CLEC's ICAs.
Applicable intercarrer compensation rates and charges
(such as accs charges, reciprocal compensation, and
other charges for elements and services) are applicable and
are provided under a separate Agreement or Tariff.
3.2 QLSP rates Effctive Date through Term. Starting on the
Effecive Date of the Agreement. rates for the Servce will be
those provided or referenced in the attached Rate Sheet.
The MRCs for the switch port wil be adjusted annually,
effctve January 1 of each year through the term of the
Agrement. CLEC is eligible for and wil receive discounts .
on the Basic Plan switch port MRCs if it meets the volume
plans described below. Discounts are not cumulative and
Qwst will apply the highest discount rate for which CLEC
qualifes. Basic Plan MRCs wil 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 1150/0 YOY Volume Growth Plan: If the
number of CLEC's total QLSP lines as of Ocober 31 of
each year equals or exceeds 115% of the sum of
CLEC's totl QLSP lines as of Ocober 31 of the
preceding year, and the YOY line increase is equal to
or greater than one thousand five hundred (1,500)
QLSP lines, CLEC will qualify for a 30% discount off of
the Business Port MRCs and a 6% discunt off of the
Residential Port MRCs applicable during the next
calendar year.
3.3 For purp of counting CLEC's total QLSP lines in section
3.2 as of October 31 of each year, Qwest wil include all
QLSP line, if any, from the previous year. For example, to
determine 2011 QLSP rates, Qwst wil use the total number
November 3, 2010/mms/Access Point, Inc.
Attachment 2 - QLSPlI - (v8-20-10)
(AZ=CDS-101102-0013); (CO=CDS-101102-o014); (IA=CDS-101102-o015); (ID=CoS-101102-0016); (MN=CoS-101102-o017);
(MT=CDS-101102-0018); (ND=CDS-101102-0019); (NM=CDS-101102-0020); (OR=CDS-101102-0021); (SD=CoS-101102-0022);
(UT=CDS-101102-0023); (WA=CDS-101102-0024); (W=CDS-101102-0025)
.4
, DocuSign Envelope ID: 9CBA12E1-59B1-4777-B7C6-A8C924B843A
.
.3.7
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
of CLEC's QLSP lines as of October 31, 2009 compared to
CLEC's total number of QLSP lines as of October 31,2010
in order to calculate CLEC's discount eligibilty on January 4,
2011. Each subsequent adjustment wil be effective on each
January 1 during the term of the Agreement.
including but not limited to flat rate transport charges, in
accordance with the applicable Tariff
3.8 Local Switching Usage and Shared Transport Minute of
Use (MOU) This section describes the use of the Owest
network for diferent call types originated by or terminated to
OLSP End Users. This section does not affect Qwests
rights to charge IXCs for signaling as described in Section
1.4.2 of this Attchment.
3.4 Except as otherwise provided herein, the Loop element
combined with a QLSP Service wil be provided in
accrdance with CLEC's ICAs with Qwest at the rates set
forth in those ICAs.
3.4.1 Loops provided under the Agreement. Upon
thirt (30) Days notice via the standard commercial
notification proces, Owest may change monthly recurrng
charges for the Omaha, Nebraska Loop elements provided
under the Agreement. Additionally, notwthstanding the
rates reflected in the Nebraska OLSP 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.
e-3554/PI-112 and CLEC's continued use of any Services in
Nebraska constitutes its accptance of such updated rates.
3.8.1 Originating IntraOfce Local Calls - This
originating Local cali requires switching by the local serving
Qwest end offce Switch only. When this call type is
originated by a OLSP End User, Local Switch Usage
charges provided in the QLSP Rate Sheet will apply. For
these call tyes that also terminate to an end user served by
a Carrer, Qwest may pay that Carrer certin terminating
compensation charges under terms and conditions of a
separate ICA.
3.5 CLEC will be responsible for biling its OLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statute, regulation or as otherwise
required.
3.8.2 Originating InterOffce Locl Calls. This
originating Local Call reuires switching by the local servng
Owest end offce and other interoffce switching for Locl
traffc. When this call tye 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 types 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
3.6 CLEC will pay Owest the PIC change charge associated with
CLEC End User Customer changes of interLATA or
intraLATA Carrers. Any change in CLEC's End User
Customers' interLATA or intra LATA Carrer must be
requested by CLEC on behalf of its End User Customer.
Intercarrier Compensation. Except as specifically
described in this Section, the Agreement does not change or
amend applicable intercarrier compensation arrangements
(including but not limited to Switched Access, Signaling, orTransit charges) between any parties, including betwen
Qwest 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 User's seleced IXC does not have direct
trunking to the local serving Owest 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 OLSP 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 OLSP Rate Sheet will 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 OLSP End User
Customer(s), Owest will not charge to or collect from the IXC
usage based end offce and loop Switched Accss charges
(such as Switched Accss Local Switching, End OffceShared Port, Tandem Transmission and carrer Common
Line) for InterLTA or IntraLATA Toll Calls originating or
terminating from that QLSP End User Customets line to an
IXC.
3.8.4 Terminating IntraOffce and InterOffce Local
Calls. This terminating Local Call requires switching by the
local serving Owest end offce and in certain instances other
interoffce switching within the Local Calling area. When a
call is terminated to a QLSP end user, no charges will apply
under QLSP. For these call types that oriinate from an end
user served by a carrer, Owest retains its rights to bill that
Carrer certin Transit charges as described in Secon 3.7
above.
3.7.2 Signaling. Owest retains its rights to charge IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as L1DB,
ICNAM and 8XX) associated with interLATA and intra LATA
Toll Calls originated by or terminated to a OLSP End User
under the applicable Tari.
3.7.3 Transit. For any call originated by an end user
served by a Carrer that routes through Qwests netwrk and
which terminates to a QLSP End User, Qwest retains its
rights to bil the originating Carrier Transit charges for that
call under the originating Carrets 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 Owest 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 acc tandem, Share Transport
3.7.4 Other. Qwest retains its rights to billXCs or other
Carriers, as applicable, any and all other access charges
and assessments not expressly addressed in this section,
. November 3, 2010/mmslAccss Point, Inc.
Attchment 2 - QLSPiI- (v8-2Q-1O)
. (AZ=CoS-101102-0013); (CO=CDS-101102-Q014); (IA=CDS-101102-Q015); (ID=CDS-101102-0016); (MN=CDS-HI1102-Q017);
(MT=CDS-101102-Q018); (ND=CDS-101102-0019); (NM=CDS-101102-0020); (OR=CDS-101102-0021); (SD=CDS-101102-0022);
(UT=CoS-101102-0023); (WA=CDS-101102-Q024); (W=CDS-101102-0025)
5
oocuSign Envelope ID: 9CBA12E1-59B1-4777-B7C6-A8C924B843A
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, 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 necessary to bil CLEC for rates or
charges associated with QLSP Services
Qwest wil bil CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Biling period, in an
agreed upon standard electronic format. Biling information
will include a summary bil and individual End User
Customer sub-account information. If CLEC. needs
additional or different billng information in order to proper1y
November 3, 2010/mms/Access Point, Inc.
Attchment 2 - QLSPiI- (v8-20-10)
(AZ=CDS-101102-0013); (CO=CDS-101102-0014); (IA=CDS-101102-Q015); (ID=CDS-101102-Q016); (MN=CoS-101102-o017);
(MT=CDS-1 011 02-0018); (ND=CDS-1 011 02-0019); (NM=CDS-1 011 02-0020); (OR=CDS-1 011 02-0021); (SD=CoS-1 011 02-0022);
(UT=CDS-1 011 02-0023); (WA=CDS-1 011 02-0024); (W=CDS-1 011 02-0025)
3.10 QLSP Services have a one-month minimum service period
requirement for each CLEC End User Customer. The one-
month minimum service period is the period of time that
CLEC is required to pay 100% of the MRC for the Service
even if CLEC does not retain Service for the entire month.
QLSP Services are biled month to month and will 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 service,
including changing a telephone number, initiating or
removing suspension of Service, denying or restoring
service, adding, removing or changing features, and other
similar requests.
4.0 Systems and Interfaces.
4.1 Qwest and CLEC will support the use of current OSS
interfaces and OSS business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time.
4.2 QLSP Service are ordered utilizing the LSR process as
described in the Qwest wholesale website.
4.3 Prior to placing an order on behalf of each End User
Customer, CLEC will be responsible for obtaining and will
have in its possession a Proof of Authorization as set forth in
the Agreement.
4.4 When Qwest or another provider of choice, at the End User
Customets request, orders the discontinuance of the End
User Customets existing service with CLEC, Qwest will
render its closing bil to CLEC effective as of the
disconnection. Qwest wil notify CLEC by FAX, OSS
interface, or other agreed upon processes when an End
User Customer moves to Qwest or another service provider.
Qwest wil not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End
User Customer.
4.5 The Partes will provide each other with points of contact for
order entry, problem resolution, repair, and in the event
special attention is required on service request.
5.0
bil its End Users or other Carriers (including Qwest), Qwest
will work with CLEC in good faith to deliver such information..
6.0
6.1
Maintenance and Repair.
Qwest will maintain facilities and equipment that comprise
the QLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Qwest facilties or equipment, other than by
connection or disconnection to any interface between Qwest
and the End User Customer, without the written consent of
Qwest.
6.2 Qwest wil provide general repair and maintenance Services
on it facilities, including those facilities supporting QLSP
Services purchased by CLEC. Qwest will repair and restore
any equipment or any other maintainable component that
adversely impact CLEC's use of QLSP Service. Qwest and
CLEC will cooperate with each other to implement
procedures and processes for handling service-affecting
events. There will be no charge for the Services provided
under this Section 6, except as set forth in the Rate Sheet.
7.0 Commercial Performance Measures and Reporting,
Performance Targets and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
indicated on Signature Page).
Each Part wil provide suitably qualified personnel to
perform 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 conformance with Applicable Law.
The QLSP service attributes and process enhancements are .
not subject to the Change Management Process ("CMP").
CLEC proposed changes to QLSP Service attributes and
process enhancements wil be communicated through the
standard account interfaces. Change requests common to
shared systems and processes subject to CMP wil continue
to be addresed via the CMP procedures.
7.1
7.2 Qwest will provide commercal performance measurements
and reporting against established performance targets with
QLSP Service. The following performance measurements
will apply to QLSP Residential and QLSP Business: (a) Firm
Order Confirmations (FOCs) On Time; (b) Installation
Commitments Met; (c) Order Installation Interval; (d) Out of
Servce Cleare within 24 Hours; (e) Mean Time to Restore;
and (f)Trouble Rate.
7.3 Commercial measurement definitions, methodologies,
performance targets and reporting reuirements 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 performance
measures will be applied for activity beginning the firs full
month of Service after January 4, 2011.
7.4 CLEC will be entitled to service credits only for each
instance of a missed installation commitment and each
instance of an out of service condition that is not cleared
within 24 hours occurrng after January 4, 2011. All service
credits will 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 will be applied for activity
beginning the first full month after January 4, 2011. Any
6 .
.. DocuSign Envelope 10: 9CBA12E1-59B1-4777-B7C6-4A8C924B843A
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ll8.1
QWEST LOCAL SERVICES PLATFORMQì AGREEMENT
ATTACHMENT 2-QLSPQì Service Description
credits or payments related to the Service provided prior to
the first full month following January 4, 2011 and in
accordance with CMP, PID, PAP or any other wholesale
service quality standards will no longer be applied beginning
the first full month after January 4, 2011.
Eligible OLSP Service wil be included in the UNE-P PAP
results beginning the first full month following the Effecive
Date of the Agreement.
Notwithstanding the dispute resolution provisions in the
Agreement, the Parties will resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution proces described in the PAP.
8.4
8.5
7.4.1 Installation Commitments Met. For each
installation commitment that Qwest, through its own
fault, fails to meet, Owest will provide a service credit
equal to 100% of the nonrecurrng charge for thatinstallation. Owest 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 Owest, through its
own fault, fails to resolve within 24 hours, Qwst 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 credit
would equal two times the monthly recurring charge
divided by 30).
8.0 Service Performance Measures and Reporting and
Performance Assurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selectd by CLEC as indicaed
on the Signature Page to the Agreement).
If selected by CLEC under the terms and conditions of the
Agreement and this Attachment, Qwest wil, in Washington
only, provide performance measurements, reporting. and
remedies compliant with the Washington Performance
Indicator Definitions ("PIDs") and the Owest Washington
Performance Assurance Plan ("PAP") for the Services, if
eligible, provided under the Agreement and this Attachment.
Only in the state of Washington, and only if expressly
selected by CLEC under the terms and conditions of the
Agreement and this Attchment, does this PLO and PAP
replace, in their entirety, the Commercal Performance
Measures and Reporting, Performance Targets and Service
Credits terms and conditons for Services provided under the
Agreement and this Attachment outlined in Section 7.0 of
this Attachment.
8.2 The PIDs and PAP for Washington in their current form are
posted in the Qwest Wholesale PCAT, currently called
Negotiations Template Agrement PCAT, under Exhibit B
and Exhibit K for Washington, respectively. Those PIDs and
that PAP are incorporated by referenced into, and made a
part of. this Attchment. Subsequent changes to the PIDs or
PAP submitted to the WUTC wil be incorporated into the
applicable exhibit as soon as they are effective either by
operation of law or WUTC order, whichever occurs first and
without further amendment to this Attchment.
8.3 To select the Service Performance Measures and Reporting
and Performance Assurance Plan (PID/PAP) option, CLEC
must be a certified CLEC under applicable state rules and
have elected the PID and PAP under its Washington
interconnecion agreement with Qwst.
November 3, 2010/mmslAccess Point, Inc.
. Attchment 2 - QlSPQì - (v8-2o-1O)
(AZ=CDS-101102-0013); (CO=CDS-101102-o014); (IA=CDS-101102-oo15); (ID=CDS-101102-o016); (MN=CDS-101102-0017);
(MT=CDS-101102-o018); (ND=CDS-101102-0019); (NM=Co5-101102-o020); (OR=CDS-101102-0021); (SD=CDS-101102-o022);
(UT=CoS-1 011 02-0023); (WA=CDS-1 011 02-0024); (W=CDS-1011 02-0025)
7
DocuSign ~nvelope 10: 9CBA12E1-59B1-4777-B7C6-A8C924B843A(
.ATTACHMENT 3
Penormance Targets for Qwest QLSP ™ Service
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ATIACHMENT 3 - Perfrmance Targets for Qwt QLSp™ Ser
DocuSign Envelope 10; 9CBA 12E1-59B1-4777-B7C6-A8C924B843A
FOC.1 - Firm Order Confirmations (FOCs) On Time
Purpose:
Monitors the timeliness with which Qwest returns Firm Order Confirmations (FOCs) to CLECs in
response to LSRs received from CLECs, focusing on the degree to which FOCs are provided within
specified intervals.
Description:
Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the
intervals specified under "Performance Targets" below for FOC notifications.
. Includes all LSRs that are submitted through IMA-GUI and IMA-EDI interfaces that receive an FOC
during the reporting period, subject to exclusions specified below. (Acknowledgments sent
separately from an FOC (e.g., EDI 997 transactions are not included.)
. For FOC-1A, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwests response with a FOC notification (notification date and time).
. For FOC-1 B, the interval measured is the period between the application date and time, as defined
herein, and Qwest' 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 . FOe-1A: FOCs provided for fully electronic LSRs received via IMA-
GUI or IMA-EDI
FOC-1 B: FOCs provided for elecronic/manual LSRs received via
IMA-GUI or IMA-EDI
Formula:
FOC-1A = l(Count of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR
received date/time (based on scheduled up time))" is within 20 minutes) -(Total Number of
original FOC Notifications transmitted for the service category in the reportng period)l x 100
FOC-1 B = l(Count of LSRs for which the original FOC's "(FOC Notification Date & Time) - (Application
Date & Time)" is within the intervals specified for the service category involved) -(Total
Number of original FOC Notifications transmited for the service category in the reporting
periodH x 100
ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
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DocuSign Ènvelope 10;9CBA12E1-59B1-477'7~B1'Cé-4A8C924B843A .
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Exclusions:.LSRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the
-Performance Targets" section below, or service/request types, deemed to be projects..Hours on Weekends and holidays. (Except for FOC-1A, which only excludes hours outside the
scheduled system up time.).LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the measure definition..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid starUstOD dates/times.
Product Reporting:Peñormance Tarnet:
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
Droduct tvoe are considered ICB.
..
ATIACHMENT 3 - Perfonnance Targets for Qwst QLSpTM Service
Page 3
l)ocSign EnveiOpe 10: 9CBA12E1-59B1-4777~B7C6-A8C924B843A
ICM.1 . Installation Commitments Met
Purpose:
Evaluates the extent to which Qwest installs services for Customers by the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
· All inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all Corders
representing inward activity (with "I" and"r action coded line USOCs). Also included are orders with
customer-requested due dates longer than the standard intervaL.
. Completion date on or before the Applicable Due Date recorded by Qwest is counted as a met
due date. The Applicable Due Date is the original due date or, if changed or delayed by the
customer, the most recently revised due date, subject to the following: If Qwest changes a due
date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that
is (a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if
any.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional level.
Individual CLEC . Results for productservices 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-1B No dispatches.
. Results for productservices listed in Product Reporting under "Zone-type
Disaggregation" will be reported accrding to installations:
ICM-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Total Orders completed in the reportng 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.
ATTACHMËNT 3 - Perfonnance Targets for Qwest QLSp™ Service
Page 4
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DocuSign Ènvelope 10: 9CBA 12E1-59B 1-4777 -B7C6-A8C924B843A.
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Product Reporting Performance Target:
MSA.TvDe:
QLSP-POTS QLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
Availabilty:Notes:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATIACHMENT 3 - Perfnnance Targets for Qwst QLSp™ Service
Page 5
DocuSignEnvelope 10; 9CBA12E1-59B1-4777-B7C6-A8C924B843A
011.1 . Order Installation Interval
Purpose:
Evaluates the timeliness of Qwests installation of services for CLECs, focusing on the average time to
install service.
Description:
Measures the average interval (in business days) between the application date and the completion
date for service orders accepted and implemented.
. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
· Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
· The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Qwest changes a due date forQwest
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 an¥, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for productservices listed in Prouct Reporting under "MSA Type
Disaggregation" will be reported accrding to orders involving:
01l-1A Dispatches (Includes witin 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 according to installations:
OIL-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
.((Order Completion Date) - (Order Application Date) - (Time interval between the Original Duè Date
and the Applicable Date) - (Time intervals associated with CLEC-initiated due date changes or delays
occurring after the Applicable Due Date))eTotal Number of Orders Completed in the reporting period
Explanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business days) by total number of service orders completed in the reporting period.
Exclusions:
. Orders with CLEC requested due dates greater than the current standard intervaL.
· Disconnect, From (another form of disconnect) and Record order types.
· Records involving offcial company services.
· Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the measure definition.
· Orders involving individual case basis (ICB) handling based on quantities of lines or orders
deemed to be projects.
ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
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oocuSign Envelope 10: 9CBA12E1-59B1-4777-B7C6-A8C924B843A.
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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: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 impact on
intervals are not counted in the reported intervaL.
Performance will be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Serv Page?
DoclJSign Envelope 10: 9CBA 12E1-59B1-4 777 -B7C6-A8C924B843A
00524.1 . Out of Service Cleared within 24 Hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on trouble report where the out-of-
service trouble reports were cleared within the standard estimate for specified services (i.e., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
· Includes all trouble report, closed during the reporting period, which involve a specified
service that is out-of-service (i.e., unable to place or receive calls), subject to exclusions
specified below.
· Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional level.
Individual CLEC . Results for productservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported accrding to orders involving:
00S24-1A Dispatches (Includes within MSA and outside MSA); and
00S24-1 B No dispatches.
.. Result for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported accrding to installations:
00S24-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) e(Total Number of Out of Service Trouble Report closed in the reporting period)) x 100 .Exclusions:
· Trouble reports coded as follows:
· For product measured from MTAS data (products listed for MSA-type disaggregation),
trouble report coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit
Found OK, and Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer
Instruction, Carrier, Alternate Provider).
· For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test
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 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 (product 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 Qwest QLSp™ Service
PageS
oocuSignEnvelope ID:9CBA12E1..59B1-47'77';B7C6-4A8C924B843A
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Product ReDortina:Penormance Taraets:
MSA-TvDe -
. QLSP POTS Dispatch and Non-Dispatch 190%
Zone-TvDe -
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3. Perfrmance Targets for Qwest QLSpTM Service
Page 9
DocuSign Envelope 10; 9CBA12E1-59B1-4777-B7C6-A8C924B84A
MnR.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 receipt to date and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Hours and Minutes
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for 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-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
MTTR-1C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
-((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) -(Total number of
Trouble Reports closed in the reportng period)
Exclusions:
. Trouble reports coded as follows:
- For product measured from MTAS data (product listed for MSA-type disaggregation), trouble
report coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the
Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
· For products measured from WFA (Workorce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NT F), Test 0
K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-tye Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
· Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving offcial company services.
· Records with invalid trouble receipt dates.
· Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement per the measure definition.
.
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ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
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ooëuSign lÊnvelope 10: 9CBÄ12E1-59B1-4777~B7C6-A8C924B843Ä
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Product Reporting:Penormance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-TvDe -.
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
ATTACHMENT 3 - PerfonnanceTargets for Qwt QLSpTM Service
Page 11
oocuSign Envelope 10; 9CBA12E1-59B1-777-B7C6-A8C924B843A
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 report 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-affecting.
Reporting Period: One month Unit of Measure: Percent
.
Reporting Individual CLEC Disaggregation Reporting: Regional leveL.
Formula:
((Total number of trouble reports closed in the reporting period involving the specified service
grouping) . (Total number of the specified services that are in service in the reporting period)) x 100
Exclusions:
. Trouble reports coded as follows:
. For products measured from MT AS data (products listed for MSA-type, trouble reports coded
to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network
Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
. For products measured from WFA (Workorce Administration) data (product 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 intemal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed. in
Product Reporting under "Zone-type".
.. For products measured from MT AS data (products listed for MSA-tye, 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.
.
.
ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 12
DocuSin"Envelopelo: 9CBA12E1..59B1-4777cB7C6-A8C924B843A..
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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- Perfrmance Targets for Owt QLSp™ service
Page 13
DoSin En 10: 9CBA12E1.fB1-4777.B7C6olB8
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Qwest Local Servces Platfrm"' (QLSpTJ) Rate Page . Idaho
Janua 4 2011 throu hTerm*
109.Sh.md Tmnrrt Purch.se Aa P.rt 01 QLSP'"
109.8.1 QLSP'" Reldenti.1 Business .nd PAL In LO- Per MOU $0.0011100
109.8.QLSP'" Centrx ISDN BRI PAL In ID-N .nd PBX Anl= Trunks Per linenk UGUST Se35
109.11 Loc.1 Swlhln" Purchasd Aa P.rt of QLP"
109.1.1 Pori Baalc P1.n
109.11.1.1 An.loaPort $6.21
109.11.1.2 Residenti.1 end user crR LAWUR 153.07 1
109.11.1.3 Effctiv QLSP" Resid.nti.1 An.1= Por 53.14 1
109.11.1.4 Dlalll Port Suooartlnn BRIISDNI 517.40
109.11.1.5 PBX DID Port 57.30
109.11.2 Intentln.R BI.nk
109.11.Pori If 90% YOY Volume Reteon Plan R..ulmme At Ma
109.11.3.1 AnI=Port 55.59
109.11.3.2 Anl= Port Resid.ntl an user crR LAWUR 152.51 1
109.11.3.3 Eff QLSP'" Rasldentll An.1= Por 53.09 1
109.11.3.4 Dlolll Port Sunoartnn BRIISDNI $17.40
109.11.3.5 PBX DID Port $7.30
109.11.Intntlon.1 BI.nk
109.11.5 Pori If 115% yay Volume Gro PI.n R..u1mments At Ma
109.11.5.1 AnI=Port $4.35
109.11.5.2 Anl= Port Reldenti.1 end user crR LAWUR ttl.40 1
109.11.5.3 Effctiv QLSP'" Residentil Anloa Po -£2.95 1
109.11.5.4 Dlolll Por lSuoartlnn BRIISDNI s17.40
109.11.5.5 PBX DID Port c7.30
109.11.Intentlnel BI.nk
109.11.Lol 8w1 Uoeoe
109.11.7.1 QLSP" Residentiel, Busln... end PAL In IO-lOr MOU 10.001343
109.11.7.2 QLSP" Cent",x. ISDN BRI PAL In ID-N end PBX Anal~ Trunks er Unrunk UGUFM Sl.13
109.11._hFeature.2
109.11.6.1 Acunt Cod. ""r S""tem '''8PS 75.00
109.11.8.2 Atnd.nt Ac Line ""r Stlln Line DZR 10.00
109.11.8.3 Audible Mess"". W.ltnn MGN MNW 12.00
109.11.8.4 Aurllln Codes. "' SVR FYS 85.00
109.11.8.5 Aumatic Lin.ETVPB 8.00
109.11.8.6 Aumatic Route Saiecn . Comon !'nul""nt ""r S..F5GPG 00.00
109.11.8.7 CeIlDron FlO ONLY 55.00
109.11.8.8 Cell Exclusion. Automatic NXrlSDN 55.00
109.11.8.9 Cell Exusio. Manu.1 NAFID $5.00
DSNI
109.11.8.10 Cell Foirdlno Buoy Lin. .Incomlno OnlY 69B1X $5.00
109.11.8.11 Cell Fordlnn Do' Anfl Incomlno OnlY 69A 55.00
109.11.8.12 Cell Foiwrdlnn: Buoy Un.' Don' AnWlr ramma S.rv Esblishment SEPFA 50.00
109.11.8.13 Cell Fordlno: Don' An , Call Foirdl~ Bu- eu_rammable. oar Line FSW S10.00
109.11.8.14 Cell W.ltna Indicti. Der nmlnn Stete WUT 525.00
109.11.8.15 Centr Common "nulnmet HYE HYS 5160.00
109.11.8.16 CLSS. CelTra Per OclTnce NOUSO $0.46
109.11.8.17 CL. Conuus Reia NSS 510.00
109.11.8.18 CLS. Las Cal Rem NSQ $10.00
109.11.8.19 CLAS.PrirlCelllnn NSK 510.00
109.11.8.20 CLAS. Sela Cell Foiwrdlnn NC 510.00
109.11.8.21 CLS. sela Cell Re)en IFKQPN.NSY $10.00
109.11.8.22 Dlra Slation Selectio' Buoy Lemn Field "' An""ment BUD $8.00
1 09.11.8.23 Dlracted Cell Pickn wllh B...1n 8MD $5.00
109.11.8.24 Dlracted Cell Picko wi Beme-n 69 55.00
109.11.8.25 DIstnctiv R1nostnc Cell Wanln RNN 55.00
109.11.8.26 sl Route Wamlno Tone nA -tem AOlPS 90.00
109.11.8.27 Grouo Intrc GC 58.00
109.11.8.26 Hot Lin. pe Line HLN. HLA $8.00
109.11.8.29 Huntn: Mullloltn Hunt Quaul""MH5 55.00
109.11.8.30 Huntinn: Mult""lt wi Announcement In Quaue MHW 55.00
109.11.8.31 Huntino: Mult""1t wi Music In Queue MOHPS 100.00
109.11.8.32 ISDN Shor Hunt INHGPG.$10.00
NHGPN
109.11.8.33 Loudsoake P.ii. oer Trunk Gmu PTQPG ICB
109.11.8.34 Make Buoy An amnts. oer Gro IA P89 $20.00
109.11.8.35 Make Buoy AlTn emenls OM Lie Mal 10.00
109.11.8.36 e Centr oar Main S_n Une MFR 58.00
109.11.8.37 eW.RInVIual MV5 ICB
109.11.8.36 Music On Hol. 0 rSvsm MHHPS 75.00
109.11.8.39 Prlcv Release K7KPK 55.00
109.11.8.40 Queiv Time QT1PK 55.00
109.11.8.41 SMDR-P. Anlve Date SR7CX 300.00
109.11.8.42 SMDR.P. Servce Estlishment Charg. Inltillnsn.lIn SEPSP.$165.00
SEPSR
109.11.8.43 Slati Cernon serv. oer Main SIaDn CP 58.00
109.11.8.44 nme of Dav Cotr for ARS. ner Svsem TBPS 125.00
109.11.8.45 TiofDaNCOSUll.te IMT 51.00
109.11.8.46 TIe of Dav Rouno. oar Line TB 51.0
109.11.8.47 Trunk Verca frm Deslaat Slati BV 100.00
109.11.8.48 UCD In Hunt GrD. oerUne MH $8.00
109.11.8.49 P..lum Port Fe._Addlton.1 Ch.me $2.08
109.11.8.49.1 CMS . Svsem Esblishmen. Inll Insll.tion MB5XX :l109.11.8.49.2 CM. Svsm Esblisment Subsuent Insllati CPLO
109.11.8.49.3 CMS. Packt Contr CBoebillv. oer &=PTGPS 51
109.11.8.49.4 Coerece Celi"' Meet Me MJPK .00
Qwe Lol serv Plalf 1M Agreent QLSP1M Rete Shee.V12.3 04.11.08
DoSlgn En 10: 9CBA12E1-5B1-4m-BC8924B8
Qwest Local servces Platfrm™ (QLSpTM) Rate Page . Idaho
109.11.8.49.5 Confrsnce caiiiñ. Preet M09PK $5.00
109.11.8.49.6 Confrsnce callnn . Stti Dial '6-Wav'GVT $5.00
109.11.Other
109.11.9.1 Custm Number
109.11.9.1.1 Idaho Nort see Applicable Qw Rat.6
Tari, catalo or Prce Usles
DIunt (which WILL be
provied pursuant to terms and
collns In CLEO's ICA).
109.11.9.1.2 Idaho South See Applicable Qw Retell 6
Tari, catelo or P~ce Usles
DIunt (whic WILL be
provied pursuant to term and
collns In CLEC's ICA).
109.11.9.2 PBX DID ComDIe Trsnslellns Dialt Outnlsed Chano Sionallno $15.22
109.11.9.3 PBX DID CoDIeX Trsnslellns Sionallno Chanoe $35.52
109.11.9.4 PBX DID Blo Comormls $25.3
109.11.9.5 PBX DID GrouD of 20 Numbers $31.36
109.11.9.6 PBX DID Re 6aauenUsI # Blo $25.38
109.11.9.7 PBX DID Reserv No""uenUai T..ne Numb 523.67
109.11.9.8 PBX DID Nannuentll Telone Numbe $33.1
109.11.10 Su..uen Orr Ch...NHCUU $12.17 4
109.11.11 Qw Comoratlon IQC' InlrLATA Tol LPIC 5123
109.11.11.1 Idaho North See Aplicable Qw Retail 6
T.rI, catalo or Pri Lis le
Discunt (whic will be
prded pursuant to tarm and
conditions In CLEC's ICA).
109.11.11.2 Idaho South See Apicable Qwt Reta.6
Tari, Catelo or P~ca Ualles
DIunt (which wi be
provied pursuant to te and
collns In CLEO's ICA).
109.0 Mlllaeo Char 5
109.20.1 Deslon . Nor
109.20.1.1 Mantean of 5eca
109.20.1.1.1 Basic
109.20.1.1.1.1 FI lna pNXX ..
109.20.1.1..2 Ea Adllln pN1X ..
109.20.1.1.2 Overtime
109.20.1.1.2.1 Fir Incrment MVWtJX ..
109.20.1.1.2.2 Each Addllianalincment pN2X ..
109.20.1.1.3 Preium
109.20.1.1.3.1 Firs Inctnt pNPX ..
109.20.1.1.3.2 Each Addllnalincrment pN3X ..
109.20.1.2 ODllaal Tesno (Adltll Labar
109.20.1.2.1 Basic Firs and Each Adital Incrmet TNBX ..
109.20.1.2.2 Overtme Firs and Ea Adllnalinctnt OTNX ..
109.20.1.2.3 Prsmlum Fir an Eac Addllalincment OTNPX ..
109.20.1.3 Oltc Adllna nitc . No Inbl fond VT60C ..
109.20.1.4 DlRn fo Mainteanc of Se. No Troble Found '"6OM ..
109.0.2 Delan .nd Non-Ð.lan . Nort
109.20.2.1 Tri Chama. Prsmls VIll ChamA SCO ..
109.20.2.2 Prsml..s Woi Chara
109.20.2.2.1 Basic
109.20.2.2.1.1 Firs Incrment HRDll ..
109.20.2.2.1.2 Each Additl Incrt HRDl ..
109.20.2.2.2 Overtme
109.20.2.2.2.1 Fir Incnt HRD12 ..
109.20.2.2.2.2 Each Addllnalincrment HRDA ..
109.20.2.2.3 Prmium
109.20.2.2.3.1 Firs Inctnt HRD13 ..
109.20.2.2.3.2 Eah Additnal Incrmen HRD ..
109.20.2.3 Netw Prsmlsa Work Chara
109.2.2.3.1 Ba Firs Incrt HRRll ..
109.20.2.3.2 Basic Each Adltl Incrment HRRl ..
109.20.2.3.3 Ovrt Firs Incrmet HRR12 ..
109.20.2.3.4 Ovrt Ea Addinalncme HRR ..
109.20.2.3.5 Prsmlum FI Incent HRR13 ..
109.20.2.3.6 Prsmlum Each Aditnal Incnt HRRA ..
109.20.2.4 DateChanne ~VT~,~..
Denn Channe ..
Eynedlt Chame Per day edvanc ..
cancellation Chame ICB
109.20.3 Non-Ðnn . Sout
109.20.3.1 Net Prsml Work Charoe
109.20.3.1.1 All Hours 1 al15 mlnuta HRHll ..
Qw Lol 5erv Platlrm TN Agrsement QLSpTN Rate Sheet.V1..3 04.11.08
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Doig En 10: 9C12E 1-sB 1-4n7-B7CßB8
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Qwest Local Servces Platfrm™ (QLSpTM) Rate Page . Idaho
Janua 42011 throu hTerm*
10920.3.1.2 All Hours next thre 15 minut HRHA1 ..
109.20.3.1.3 All Hours ea addrl15 minute HROA1 -
109.0.4 Del"n . Sout
109.20.4.1 Mainteance of Sarvce
109.20.4.1.1 Basic
109.20.4.1.1.1 Fira Incrmant MV'X -
109.20.4.1.1.2 Each AddltnallnC1ment MV1X -
109.20.4.1.2 Overtma
109.20.4.1.2.1 Fira Incrment MVOX -
109.20.4.1.2.2 Each Addltnallncnmen MV2X -
109.20.4.1.3.1 Premium
109.20.4.1..1 Fira Incrnt MVPX -
109.20.4.1.3.2 Eech AddftlonallnC1mant MV3X -
109.2 .4.2 tl n" lAddltonal Laoorl
109.20.4.2 ~ lto"allncrment OTNRY -
109.20.4.2.2 Ovrtme and Eech Adltlnallncrment OTNX -
109.20.4.2.3 Prmium and Each Additnal Incrment OTNPX -
109.20.4.3 D1SitchlAddltnal Dlsoat . No tiuble found VT6DC -
109.20.4.018=11 for Malnance of 5e . No Trouble Found VT6DM -
109.20.4.5 Netwr1 Premiss Wor Chema
109.20.4.5.1 Basic
109.20.2.5.1.1 Fir Innt HRH11 -
109.20.2.5.1.2 Eac Addltnallncment HRHA1 -
109.20.4.5.2 Ovrtme
109.20.2.5.2.1 Ara Incmet HRH12 -
109.20.2.5.2.2 Each Addital Incrmen HRHA -
109.20.4.5.3 Premium
109.20.2.6.3.1 Fira Incment HRH13 -
109.20.2.5.3.2 Eech Additl Incrment HRHA -
109.20.5 ~"n .nd Non~s~n . SoWh
109.20.5.1 Trio Chame. Premis V1ft Cha..NRTCY -
109.20.5.2 Preises Wor ChmA
109.20.5.2.1 Basic
109.20.5.2.1.1 Fir Incrment HR011 -
109.20.5.2.1.2 Each Addftlonallncmen HROA1 -
109.20.5.2.2 Overtme
109.20.5.2.2.1 Fira Incment HRD12 -
109.20.52.2.2 Each Additl Incrment HRD -
109.20.5.2.3 Premium
10920.5.2.3.1 Fira Incrmant HR013 -
109.20.5.2.3.2 Ea Adltallncnment HRDA -
109.20.5.3 Data Chan VTDC -
109.20.5.4 DaslnnChan e H28 -
109.20.6.5 """'Ita Chame Per day advence EODB -
109.20.5.6 Csncllatln Chro NoUSOC IeB
108.3 QLP" InsHii .nd Conrsion Non_urr.. Ch... INRCsI
109.23.1 Converson Nonreurrn" Ch..
109.23.1.1 QLP" Bualri CsnlNx p6I . .nd PBX An.I.. non-DID TlUnkl Ra.ldenl
109.23.1.1.1 Fira Line tMacanlz URCCU S1.50
1 .1.2 Each Additnal Line rMeanlzad URCC $0.50
.1.3 Fira Line Manual URCC 15.00
.1.4 Each Addftloal L1na Manual URCC $3.00
109.23.1.2 QL" PBX 011 TlUnk
109.23.1.2.1 Fira Tnink URCC $28.84
109.23.1.2.2 Each Additnal S2.73
109.23.1.3 QLP" ISDN BR
109.23.1.3.1 Fira URCCU t30.86
109.23.1.3.2 Each Adftloal $2.73
109.3.Insllati Nonreln Cham..
109.23.2.1 QLP" Bual~PBX An... no-DIDTlUnkl Rnldanlal
109.232.1.1 NHCR 50.00
109.23.2.1.2 Menlzad NHCRC $18.00
109.23.2.1.3 NHCRB 75.00
109.23.?1.4 Eac Addftlonal Line Manuall NHCRD t?O.OO
109.23.2.2 QLP" Anl.. DID PBX TlUnkB $15.21
109.23.2.3 QLSP" ISDN-B t?72.96
109.23.3 QwBl A1N Featu..
109.23.3.1 Idaho Nort See ApRcIe aws! Retil 6
Tari, calo or Price LI las
Disnt (whic WILL be
pr pursuant to tarm and
coit In CLEO's le).
Qw Lo Sece Platfrm'" Agremant QLSP'" Rata Sheet.V1.2.3 04.11.08 3
DoSign Enlo 10: 9CBA12E1-5B1..m-B7C&88
109.23.3.2 Idaho South Sae Applicable Owst Retail
Teri, catalo or Prce Ust less
Disnt (wic wU be
proded pursuent to te and
conditons In CLEO's ICA).
109.23.4 Qw Voic Me In Servce.
109.23.4.1 Ideho Nor See Applicble Qw Rotall 6
Teri, catalo or Price Us! les
DIscunt (whic wil be
prded pursuont to to and
condlUons In CLEO'. ICA).
See ApHcable Qw Ral 6
Tari, Catalo or Priee Us! les
Diunt (wic WIL be
provied pursuant to tami and
condits In CLEC's ICA).
109.23.4.2 Idaho So
112 o rational Su art S Il
112.1 Deloments and Enhancements r Locl Sorvee
112.2 On 01 0 oratins or Lol Serice Ro uost
112.3 Dally Usago Roclds File. par Rocld
ues All chrgea and Incrments
equal th comparablo charges
and Incrmon prided In tho
Qwo Wholesala PCAT.
am.Univrsal Sorvce Oldar Coes (USOCs) have ben proed In en efor to ea it deptin an USOC ess_n wi charges. In the evnt usoca ara Inaccrata
or era rase, Ows! reerv th nght to corr the Rata Sheet. In the evnt of any slgnilnt chang&(s), nocatin WILL be proided vi th atandald notn pross.
See Applible Ows! Rall Tari, catalo or Price List for al dies and Incnts.
QLSP'" Busines and ResldenUel selca utiHz the same CI.. of Serv and line Universal Serv Ordr coes (USO). QLS'" Reidentil serv WLI ba blled at
the Analo Por rata end only th linea that spaillly qualif for and era IdnU as servin e reidentil an-user custer by th prnee of the LAWUR USOC will
reive tho Resont end user crft.
2 QLSP'" serv Ineludea nondisminatory acc to oil vertl sw footure that ara loed In Qw End 0f Swi. se th PC T for al compatllo and ovallobla
vertcal sw future. Onl valcl switc feature wit Non.Racurrng, Rocurrng, or Pa Occ"" chargos ara list. Non-Rerrg chorg ora opplcable whenevr a
feetura Is edded . whothor on no Instllatin, conversion, or chongo older acvl. Th vacal sw feature no liste have a rata of $0 for Montly Recrrng. Non-
Rocurrng, or Por Occrrnce charges.
3 Rasorv for futra use.
The Subsoquent Older Chrgois applicable on a por aror basIs wh chng ara reu_ to oxng serv, inuding changIng a tolephone numb, initating or
reving Suspeio or Sorv. denying or rering sece, eddln, ra, or chenglng _re, and oter simil reues.
QLSP'" ISDN BRI and PBX are 'Dsign". Ramslnlng QLSP'" serv 81 "Nn". AI ch an Incent shsl be the same ea th coparabla charg andIncrament proed In Qw Rall Tari, catalo, or Pri Lis an ara subje to ch baed on ch in th underlng Qwt Retal Tari, catalo, or Price
Ust. In the ovent a rata chanes, nocati will be pied vi the stndald _li pr.
6 Whare the servce has ben deeme to be a TelmunlclI Serv, th DInt wil be pred pulSant to CLO's IC. Whe the serv is no s
Telocmmunlcatina Serv, th discount wll be 16%.
4
5
Owst Lol Sorv Plslfono lM Agnt QLSplM Rata Sheet.V1..3 04.11.08
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