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HomeMy WebLinkAbout20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7th Avenue, Room '1506 Seattle, Washington 98191 (206) 73$5178 Facsimile (206) 34&4040 Maura E. Peterson Paralegal Regulatory Law January 17,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 " ''" i I,; .:: -;i3 s!7dTrrv CenturyLink' Via Overnight delivery &wV-t- o 8-o{ 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 concerning the enclosed. Thank you. Sincerely, Maura E. Pete MEP/jga Enclosure EXTENSION AMENDMENT TO CENTURYLINKTU LOGAL SERVICES PLATFORM ("CLSP'*"; AGREEMENT This amendment ("Amendment"), by and between Qrvest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Mclmetro Access Transmission Services LLC ("CLEC"), amends the CenturyLinkrM Local Services Platform ('CLSerul Agreement (formerly known as "Qwest Local Services Platformil ("QLSe*'1 Agreement') between the Parties. WHEREAS, the Parties entered into a Qwest Local Services Platform ("QlSe*l Agreement (now refened to as a CenturyLinkil Local Services Platform ('ClSe*1 Agreement), (the'Ag reemenf ) ; 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 Section 2, of the Aoreement will be reolaced ln iE entiretv as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,20'14. Section 3 of the Aareement will be reolaced ln its entiretv 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 Party, with at least ninety (90) Days prior written notice, pursuant to Section 22 ol the Agreement, or replaced by a successor agreement. Attachment 2 - Seruice Descriotion - of the Aqreement is herebv amended 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 wriften notice to CLEC, CenturyLink will also cease offering the service to CLEC. Notwithstanding the foregoing, CenturyLink will not effect a discontinuation 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 effecling 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 1100/o ol 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 qualify for a 30% discount off the Business P0rt MRCs and a 6% discount off the Residential Port MRCs applicable during the next calendar year. Section 7 of Attachment 2 will have the following changes: 7.0 Commerclal Performance and Service Credits. 7.2 Removed in its entirety. 7.3 Removed in its entirety. 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/kjc/CLSP 2014 Extension Amendment to CLSPI AgreemenUMClmetro Access AZ-CDS-101021-0086; CO-CDS-101021-0087; lA-CDS-101021-0088; lD-CDS-101021-0089t MN-CDS-101021-0090 MT-CDS-101021-0091; ND-CDS-101021-0092; NE-CDS-10't021-0093; NM-CDS-101021-0094; OR-CDS-101021-0095; SD-CDS-101021-0096; UT-CDS-'l 01 021-0097; WA-CDS-101021-0098; WY-CDS-I01 021-0099 4. Page 1 of2 CenturyLlnkil Local Serulces Platform (CLSPil) Rate Page - r(CO,IA" lD, MT, ND, NE, NM, OR, SD, UT, WA, WY January l, 2014 through Term CenturyLinkil Local Serulces Platform (CLSPn ) Rate Page - Minnesotra January 1,2011 through Term I09.11.2 'ort!, lt 8095 YOY Volume Ret.ntlon Plrn Reoulr€motrt Are iret r09.1 1.2.1 )g Port N/' rog ?.2 nabs Port, Resldentftd end user oredl .AWUR r{/, t09..2.3 Efiecdve CLSPil Residential Anatog Port N/' rog .2.4 Dhilal Porl (Supporths BRI ISDN)N/' 109.11.2.5 lPBXDlDPort I N,,r ros.z5-z mtlllrtlon llonrecurrlm ChtEer r(8.23.2.1 SLSF,. Euarne3., centm& pALt tnd pBX An.log non-DlD Trunka, R.3ldenflal lW).23.2.1.1 lFfst Lrne (l\rechar$z6d){HCRA 525.m DocuSign Envelope lD: 09B879C5-AEC5-45D5-871 9-BA9CD7OB1 2D8 EXTENSION AMENDMENT TO GENTURYLI N Krr LOCAL SERVTCES PLATFORM ("GLSP'* " ; AGREEM ENT 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, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures from the provisions of this Amendment may not be given without the written consent thereto by both of the Parties hereto. No waiver by any Party of any default, misrepresentation, or breach of warran$ or oovenant 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. Entire Aoreement 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. October 25, 2013/kjc/CLSP 2014 Extension Amendment to CLSPil Agreement QuantumShift dba vCom/AZ-100916-0001 ; CO-1 0091 6-0002; tA-10091 G-0003; lD-1 0091 6-0004; MN-100916-0005; MT-10091G0006; ND-100916-0007; NE-10091&0008; NM-10091&0009; OR-10091 m010; SD-10091 G00'1 1 ; UT-10091&0012; WA-1 00916-0013; WY-10091 &0014 Title: Director - Wholesale Contracts Dare: LL/4/20L3 QuantumShift Communications, !nc. dba Karen A weller ve of corporate Development tL/4/20L3 Page 2 ol 2