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HomeMy WebLinkAbout20140121CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7th Avenue, Room 1 506 Seattle, Washington 98191 (206) 733-5 178 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law January 17,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 472 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 i sITd .3 ?rrv Centurylink'a.r. o Via Overnight delivery 9w€,n-07'oj Re: CenturyLink Local Services Platform ("CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your office on January 16,2014, enclosed are the signature pages for all of the CLSPs which have been extended. For your convenience, we are also enclosing a matrix listing the CLSPs and the docket numbers associated with the original agreements. Please contact have any questions conceming the enclosed. Thank you. Sincerely, Maura E. Pe MEP/jga Enclosure EXTENSION AMENDMENT TO cENTURyLtNKrr LOCAL SERVTCES PLATFORM (,,CLSprn "; AGREEMENT This amendment ("Amendment"), by and between Qrrest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and MClmetro Access Transmission Services LLC ("CLEC"), amends the CenturyLinkrM Local Services Platform ('CLSRrul Agreement (formerly known as "Qwest Local Services Platformru ('QLSP*l Agreement") between the Parties. WHEREAS, the Parties entered into a Qwest Local Services Platform ("QLSPt"l Agreement (now referred to as a CenturyLinkrM Local Services Platform ("CtSp tr1 Agreement), (the.Agreement"); and WHEREAS, the terms 'CenturyLinK and 'CLSP' in this Amendment shall be used in place of, and interchangeably with, the terms "Qwest' and "QLSP", respectively, in the Agreement; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Sectlon 2 of the Aoteement wlll be replaced in lE entiretv as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aoreement will be reolaced in its entirctv as follows: 3. Term. The term of this Agreement begins on the Effective Date and continues through December 31 , 2016. Upon expiration, this Agreement will continue on a month-to-month basis until it is terminated by either Pafi, with at least ninety (90) Days prior written notice, pursuant to Section 22 of the Agreement, or replaced by a successor agreement. Attachment 2 - Seruice Descrlotlon - of the Aareement is herebv anended as follows: 1. Section 1 of Attachment 2 will have the following added: '1 .6.7 Should CenturyLink cease offering a service to its End User Customers that is also available under this Agreement, upon thirty (30) Days prior written notice to CLEC, CenturyLink will also cease offering the service to CLEC. Notwithstanding the foregoing, CenturyLink will not effect a diseontinuation of any service pursuant to this Section 1.6.7 in such manner that CLEC may not reasonably comply with Applicable Law conceming End User Customer discontinuation of service, disconnection and notification, provided that, the foregoing is subject to CLEC's reasonable diligence in effecting such compliance. . Section 3.2.4 of Attachment 2 is replaced with the following: 3.2.4 115o/o YOY Volume Growth Plan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or exceeds 110o/o of the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,000) CLSP lines, CLEC will qualifi for a 30% discount off the Business Port MRCs and a 6% discount off the Residential Port MRCs applicable during the next calendar year. 3. Section 7 of Attachment 2 will have the following changes: 7.0 ' Commercial Performance and Seruice Credlts. 7.2 Removed in its entirety. 7.3 Removed in its entirety. 4. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. Decemberl0, 2013/kjdCLSP 2014 Extension Amendment to CLSPil AgreemenUMClmetro Access AZ-CDS-101021-0086; CO-CDS-I01021-0087; |A-CDS-101021-0088; ID-CDS-101021-0089; MN-CDS-101021-0090 MT-CDS-101021-0091; ND-CDS-101021-0092; NE-CDS-101021-0093; NM-CDS-1Olo21-0094; OR-CDS-101021-0095; SD-CDS-101021-0096; UT-CDS-101021-0097; WA-CDS-10 j021-0098; WY-CDS-1OlO21-0099 Page 1 of2 centuryLlnkil Localserulces Platform (clsPil) Rate Page -Az, co, !A lD, ilr, ND, NE, NM, oR, sD, ur, wA,lrlrY January l, 2014 through Term CenturyLlnkil Local Services Platform (CLSPil) Rate Page - Minnesota January 1,2011 through Term 109.11.2 Porb, lt 80% YOY Volume Retemlon Plan Requlremsnts Are l{et r09.1 1.2.1 \naloq Port N/' 109.11.2.2 \nalog Port, R6kl€ntial ond user credit -AWUR N/' r09.11.2.3 :fieciive CLSPil Residential Analog Port N/' 109.11.2.4 Ital Pon (Suomrtino BRI ISDN'I N,, 109.11.2.5 )BX DID Port N/' r09.23.2 mtallatlon Nonrecunlno Chrmes r09.23.2.1 ILSPil Bu.lnelr, Centrex, PAL. end PBX Antloq non-DlD Trunk3. Resldentlel 109.23.2.1.1 lFlrst Lin€ (M€chanized){HCRA $25.0C DocuSign Envelope lD: A2B377D9-S9DC-405D-8497-31 EE83E353,I4 EXTENSION AMENDMENT TO GENTURYLINKn LOCAL SERVTCES PLATFORM ("CLSP""1 AGREEMENT Further Amendments Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force and effect. The provisions of this Amendment, inctuding the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures frornthe provisions of this Amendment may not be given without the written consent thereto by both of the Parties hereto. No waiver by any Pafi of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Entlre Aqreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter of the Agreement, as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. Gorporation dba CenturyLink Qe : Name: L. T. Christensen /-tlocusigncd bY: I nd,*L t. tuoww By: \-esAztltAoeezlzA-... Richard E. BrownName: Title: Director - Wholesale Contracts Title: Date:LL/4/20L3 LLl4/20L3 Date: october 29, 2013/mms/Access poinucLSp 2014 Extension Amendment to cLspil Agreement (AZ=CDS-101'102-001 3); (CO=CDS-101 102-0014); (|A=CDS-101 102-001 5); (lD=CDS-l 01 102-0016); (MN=CDS-101 102-001 7); (MT=CDS-101 1 02-001 8); (ND=CDS-101 102-0019); (NM=CDS-101 102-OO2O); (OR=CDS-101 1 O2-OO2',t); (SD=CDS-101 1 02-0022);(uT=c DS- 1 0 1 1 02-0023); (WA=C DS-l 0 1 1 02-0024); (Wy=CDS- 1 01 1 02-0025)' Page 2 ol 2