20090415Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]Facsimile [phone] iûfi~ ~PR \ 5 Mi 9: 30
Maura E. Peterson
Paralegal
Regulatory Law Qwest~
Spirit of Service~
Via Overnight delivery
April 13,2009
Jean Jewell, Secretar
Idaho Public Utilities Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-09-02
Application for Approval of Amendment to the Interconnection Agreement
Greenfly Networks, Inc. dba Cleary Communications Inc.
Dear Ms. Jewell:
Enclosed for filing with this Commssion on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this rna er.
mep
Enclosure
cc: Service list
RECE \1
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr(g qwest.com
1009 APR i 5 AM 9: 30
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-09-02
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
Utilties Commssion on February 18, 2009 (the "Agreement"). The Amendment with Greenfly
Networks, Inc. dba Clearfy Communications Inc. ("Greenfly") 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 Commssion may reject an amendment
reached through voluntary negotiations only if the Commssion finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carer not a pary to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commssion 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 Commssion. Expeditious approval of this Amendment wil enable Greenfly to
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 1
Greenfly Networks, me. dba Cleary Communications me.
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 voluntar negotiations, it does not raise issues
requiring a hearng and does not concern other paries not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 13'Ìay of April, 2009.
~
Adam L. Sherr
Attorney for Qwest
~
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 2
Greenfly Networks, me. dba Cleary Communications me.
CERTIFICATE OF SERVICE
I hereby certify that on this (1,lt\day of April, 2009, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION
AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jjewell (gpuc.state.id.us
Hand Deli very
U. S. Mail
-X Overnight Delivery
Facsimile
Email
Tim Dodge
Chief Operating Officer
Greenfly Networks, Inc. dba Cleary
Communications Inc.
P.O. Box 20009
Bilings, MT 59104
Hand Delivery
-- u. S. Mail
Overnight Delivery
Facsimile
Email
vtu
Maura Peterson
Paralegal, Qwest Corporation
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 3
Greenfly Networks, me. dba Clearfly Communications me.
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
This Qwest Local Services Platform™ ("QLSpTM-) Agreement, togethr with the Attchments and Rate Sheets, incorporated
herein by reference, ("Agreemenl) is between Qwest Corpraion ("Qwest"), a Coloro corporation, and
Greenfly Netork, Inc. dba Clearfy Communicaions, Inc. ("CLEC"), a Nevada corporation, (each identied for
purposes of this Agrement in the signature blocks below, and referred to separately as a "Part or collectvely as the
"Parties"). The undersigned Partes have read and agree to the terms and conditions set fort in the Agreement.
Qw Coti,: t Gnfl -. Inc. - CIy Counlc_By -£ae. . ~~~
L. T. Chtstensen Tim Dodge
Director - Whol~le qontrct Vice President JDate: ~/riJD 9 Date: 3/¡V()i I 7 /
NOTICE INFORMATION: All wrtten notes required under the Agrement shall be sent to the following:
Qwest Corporation
Director - Interconnecion Agrements
1801 California Strt, 24th Floor
Denver, CO 80202
Phone: 30~65-3029
Fax: [phone]
Email: lntagree(!awest.com
With CODY to:
Qwest Law Departent
Assocate General Counsel,lntercnection
1801 California Strt, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: LegG!l, i nm(ÇQnneçigntmi;west.QQDJ
CLEC:
Tim Dodge, VPof Operations
P.O. Box 20009
Bilings, MT 59104
Phone: [phone]
Fax: [phone]
E-MAIL: TlMØlCLEARFLY.NET
Physical Address for ovrnights:
222 North 32nd , Suite 904
Bilings, MT 59101
APPLICABLE STATES:
Qwest agrees to offr and CLEC intends to purchase Service in
the sttes indicted 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 ofrings. CLEC may not change Its
Washington selecion after the Agrement Is executed.-2
...;~.........
-2
Arizona ...........
Colorado" '.
idaho
Iowa
Minnesota
Montana
Nebraska
New Mexico
North Dakota
Oreon
South Dakota
Utah
-L Washington 7.0 (with Commercial Perfrmanc
Measures and Reportng, Perfrmance Targts and
Servce Creits, as descbed in Sectin 7.0 of
Attchment 2 to this Agreement); or
Washington 8.0 (with Serv Penormanc Measures
and Reporting and Perfrmance Asurance Plan
(PIDIPAP) for Washington only, as desribed in Secton
8.0 of Attachment 2 to this Agreement).
-2-2-2-2 -2 Wyoming
March 10, 2009lkcd/Greenflyl Owest QLSpTM MSA - (v924-08)
AZ-COS-D90309-0001; CØ,,CDS-09Ò3~OO2:J D.CDS-D90309-003: MN-CDS-090309-000; NM -CDS-D90309-0005;
ND-CDS-090309-D06; OR-C05-90309-0007; UT -COS-09309-8; WA-CDS-0309-009; WY -CDS-D90309-10;
Page 1 of 11
WHEREA, CLEC desires to purchase from Qwest certin combinations of Netor Elements, ancilary functions, and additional
features, including without limitation, the local Loop, Port, swithing, and Shared Transport
Now. therefore, In consideration of the tenns and conditions contained herin, CLEC and Qwt mutually agre as follows:
1. Definitions. Capitalized ters used herin are defned in
Attchment 1.
2. Effve Da. This Agreeent Is effecve upon the
latest execution date by the Partes ("Effecve Date").
2.1 CLEC's Qwest Platfonn Plus TM Master Services Agreent,
If any, is terinated immediately upon execution of this Agreement,
and Owt wil provide CLEC local platfrm servce only pursuant to
the tenns and conditions of this Agrement The efve billng date
for QLSP servce will be the latest date of exection by the Partes.
3. Term. The tenn of this Agreement begins on the
Effecve Date and continues through January 3, 2011. In the event
that at the expiration of the Agreement CLEC has any remaining
Customer served under this Agreement, Qwest may immediately
convert CLEC to an equivalent alternative sece at market-bsed
wholesle rates.
4. Scope of Agreement; Servce Provisioning; ControllngDocuments; Change of La; Eligibilit for Servce under this
Agreement; Non-Appllcabi!ty of Change Management Pross.
4.1 The Service ("Servce; descrbed in this Agreeent wil
only be provided in Qwests incumbent LEC servca terrtory in the
states of Arzona, Colorado. Idaho, Iowa. Minnesota. Montana,
Nebska, New Mexlco, Nort Dakota, Oregn. South Dakota. Utah,
Washington and Wyoming.
4.2 In the event of a conflict In any tenn of any docUments that
govern the provision of Servce hereunder. the follong order ofprecence will apply in desceding orer of contrl: an Atchment.
Rate Sheet, this Agreement, and any Order Fonn. The Partes agree
that the Service offere and purchased under this Agreement are
subjec to compliance with 'all Applicable Laws and regulations; and
obtaining any domestic or foregn approvals and authorizations
required or advisable.
4.3 The provisions in this Agrement are inteed to be in
compliance with and based on the existing state of the law, rules,
regulations and interretations therf, including but not limited to
Federl rules. reulations. and law, as of the Effece Date ("Exlsting
Rules"). Nothing in this Agreeent shall be deeed an admisson by
Qwest or CLEC conceing the Interption or ef of the Exlsting
Rules or an admission by Qwest or CLEC that the Exlsting Rules
should not be changed. vacated, dismissed, stayed or modifed.
Nothing in this Agrement shall preclude or estop Owt or CLEC frm
taking any positon in any forum concerning the proper interpretation or
effect of the Exlsting Rules or concerning whether the Existing Rules
should be changed. vacate, dismissed, stayed or modifed.
4.4 If a change in law, rule, or regulation materally impairs a
Part's abilty to perfrm or obtain a benefit under this Agreement, both
Partes agree to negotiate in goo faith suc changes as may be
necssry to addres such material impainnent.
4.5 To receive seice under this Agreement, CLEC must be a
cefied CLEC under applicable state rules. ClEC may not purcaseor utiliz Servce covered under this Agreent for it own
administrtive use or for the use by an Affliate.
th Owest Wholesale Change Management Pros ("CMp.). Qwests
Pennnance Indicators ("PIO"). Perfnnance Assuranc Plan ("PAP.),
or any other wholesale serce quality standards, or liquidated
damages and remedies. Excet as otherwse prvided, CLEC hery
waives any rits it may have under the PIC, PAP and all other
whoiesle sece quality stndards to liquidated damages, and
remedies with repec to Servce provided pursuant to thisAgreent. CLEC propoed changes to Servce attbute and
process enhanceents will be communicated through the standard
accunt interfce. Change requests common to shred systems and
procees subjec to CMP will contiue to be addreed via the CMP
proceures.
5. CLEC Inforation. CLEC agre to work with Qwest in
good faith to complete promptly or update, as applicable, Qwsts
"New Customer Quesnaire" to the extent that CLEC has not
already done so, and CLEC shall hold Qwest hannles fo any
damag to or claims frm CLEC caused by CLEC's failure to
complete or update the quesonnaire.
6.Financial Terms.
6.1 The descrption of the Service and applicale rate are set
fort in the Attchments and Rate Sheets. The Partes agree that the
reference rates are just and reesonable.
6.2 Tax. Fee. and other Govnmentl ImpOlltions.
All charges for Serce provided herein are exclusive of any fedl,
state, or loca sales, use, excie, gros reipts, trnsacton or similar
taxes, fe or surcarges ("Tax" or "Taxes"). Taxes reulting from the
perfanc of this Agreement shall be borne by the Part upon which
the obligation for payment Is Imposed under Aplicabl Law, even If
the obligation to colec and remit such Taxes is plac upon the other
Part., However, where the selling Part is speccally pennitt by an
Applicable Law to collect such Taxes frm the purcasing Part, such
Taxes shall be bome by the Part purchasing the servce. Each Part
Is responsible for any tax on its corporate existence, status or income.
Taxes shall be biled as a separate Item on the Invoice in accrdance
with Applicable Law. The Part BlIlng such Taxes shall, at the wrtten
reuest of the Part billed, prvide the billed Part with detailed
Inforation regarding blled Taxe, including the applicable Tax
jurisdicton, rate, and base upon which the Tax Is applied. If either
Part (the Contesting Part) contests the appliction of any Tax
coleced by the other Part (the Collecting Part), the Collecng Part
shall reasonably coperate In goo fait with the Contesng Parts
challenge, provided that the Conteting Part pays any reaonable
cost Incrr by the Collecting Part. The Contesng Part is entitled
to the beneft of any refund or recovery reulting frm the contet,
provied that the Contesting Part has paid the Tax conteted. If the
purchasing Part provides the sellng Part with a resale or other
exemption certficate, the seiling Part shall exempt the purchasing
Part if the sellng Part accpts the cecate in goo faith. If a Part
bemes aware that any Tax Is incorrecy or eroneously colleced by
that Part frm the other Part orpaid by the other Part to that Part,
that Part shall refnd the incorry or errneously colleced Tax or
paid Tax to the other Part.
6.3 Eac Part shall be solel resposible for all taes on its
own busines. the meaure of which Is its ow net Income or net wort
and shall be resonsible for any related tax filings, payment, prtest,
audit and litigation. Each Part shall be solely reponsible for the
Biling, collecton and proper remittnce of all applicable Taxes relating
to its own servce provided to its ow Customers.
4.6 Except as otherwse provided in this Agreement, the Parties
agre that Servces provided under this Agreeent ar not subjec to
March 10, 2009lkcd/Greflyl Qwest QLSpTM MSA - (v9-24-B)
AZ.CDS-090309-0001; CQ.COS-090309-0002; ID.CDS.0903090003; M N-C05-90309-00; NM-COS-090309-05;
NO-COS.090309-; OR-COS.090309-0007; UT-COS-Q0309-000B; WA.COS.090309-009; WV-COS.090309-0010;
Page 2 of 11
7. Intellectual Propert.
7.1 Except fo a license to use any facllltes or equipment
(including softare) solely for the purpes of ths Agreement or to
ree Service solel as provided in this Agreeent or as speccally
required by the then-applicable feeral rules and reulations relating to
Servce provided under this Agreeent. nothing contained within this
Agreement shall be consted as the grant of a license, either expres
or implied. with respec to any patent, copyrght, trde name,
trdemari, servce mari, trde seet, or other prpretary interet or
intellecual prpert. no or herefter owned, contrlled or licesable
by either Part. Neier Part may use any patet, copyrght, tre
name, trdemari, service mark, trade secret, nor other proprietary
interest or intellecal propert. now or hereafter owned, controlled or
licensable by either Part wihout execution of a separate written
agreement beteen the Partes.
7.2 Subjec to the generl indemnity provisions of this
Agreeent, each Part (an Indemniing Part) shall indemnif anhold the other Part (an Indemnifi Part) harmless fr and against
any loss, cot. expse or liability arising out of a claim that the
servce provided by the Indemnifyng Part provided or used pursuant
to the terms of this Agreeent misappropriate or otherwise violate the
intellectual propert rights of any third part. The obligation for
indemnification reted in this paragraph shall not extend to
Infrngement which result fr:
A. any combination of the facilites or servce of the
Indemnifng Part with facilities or serce of any other Person
(Including the Indemnifed Part but excluding the Indemnifyng
Par and any of its AfflIates), which cobination Is not made by
or at the direction of the IndemnIfyng Part or is not reasonably
necsary to CLEC's use of the Serce ofere by Owt under
this Agreement; or
B. any modification made to the faclItles or serice of the
Indemnifyng Part by, on behalf of, or at the request of the
Indemnified Part and not require by the Indemnifing Part.
7.3 In the event of any claim, the Indemnifying Part may, at it
sole opti obtain the right for the Indemnified Part to continue to use
the facility or servce; or relace or modify the facility or serce to
make such facility or serce non-infrnging.
7.4 If the Indemnifng Part is not reasonably able to obtain the
right fo cotinued use or to replace or modify the fality or servce as
prvided above and either the facility or servce is held to be Infrnging
by a court of copetent jurisdicon; or the Indemnifyng Part
reasonably believes that the facility or servce wiil be held to infrnge,
the Indemnifng Part will notify the Indemnifed Part and the Partes
wil negotiate in good faith regarding reasonable modifications to this
Agreement necssary to mitigate damage or comply with an injuncton
which may reult frm such infringement; or allow cetion of furter
infrngeent.
7.5 The Indemnifyng Part may reuest that the Indemnified
Part take steps tomltgate damages resulting fr the infrngement or
alleged infringement including, but not. limited to, accpting
modifcations to the facilities or servce. and such request shall not be
unreasonably denied.
7.6 To the extent reuire under applicable federal and state
law, Qwest shall use comerally reasonable effrt to obtain, from its
vendor who have licensed intellecual propert rihts to Qwest in
connecti witt Servce provided hereunder, licenses under such
intellecual propert rights as necesary for CLEC to use such Servce
as conteplated herunder and at least In the same manner used by
Qwest for the Services provided herunder. Owest shall notify CLEC
immediately In the event tht Qwt believes it has used itscommerlly resonable eff to obin suc rights, but has been
unsuccssl in obtaining such rihts. Nothing In this subsecn shall
be constred in any way to condition, limit, or alter a Parts
Indemnification obligations under Secon 7.2, preing.
7.7. Neither Part shall without the expres wrtten permisSÍon of the
other Part, state or imply that it Is conneced, or in any way affliated
wi the other or its Affliates; it Is part of a joint business assocation or
any similar arrngement wi the other or its Affliate; the other Par
and its Affliates are in any way sponsoring. endorsing or ceing it
and Its goos and servce; or wi respect to Its marieting, advertsing
or promotional actvies or materals, the service are In any way
associated with or originated frm the other Part or any of Its
Affliates.
7.8 Nothing in this Secon prevents either Part fr trthfully
desbing the Serce it uses to provie servce to it End User
Custoers, provided it doe not represet the Servce as originating
frm the other Part or its Afliates or othrwse attempt to sell its End
User Custmer uSÍng the name of the other par or its Affliates.
7.9 Becuse a brch of the materil provisions of this Sectin 7
may cause irrparable harm fo which monetary damages may be
inadequate, in additi to other available remedies. the non-breaching
Par may se injunctive reief.
8. Financial Responsibilty Pam'"! and Securty.
8.1 Payment Obllqation.. Amounts payable under this
Agreement are due and payable within thirt (30) Days after the date ofinvoice ("Payment Due Date"). If the Payment Due Date falls on a
Sunday or on a hoiday which is observed on a Monday, the payment
date will be the first non holiday day followng such Sundy or holidy.
If such a payment date falls on a Saturday or on a holiday which is
observed on Tuesay, Wednesday, Thursday or Friday, the payment
date shall be the last non holiday day preing such Saturday or
holiday. For invoice distrbute elecnically, the date of the invoice
date is the same as If the invoice wee biled on paper, not the date the
elecic deliver ocrs. If CLEC fails to make payment on or before
the Payment Due Date, Qwt may invoe all available rights and
remedies.
8.2 Cessaion of Ordr Prossing. Qwest may discotinue
proceing orders for Servce for the failure of CLEC to make full
payment for Serce, les any goo faith disputed amount as providedfor in this Agreement, wiin thirt (30) Days following the Payment
Due Date provided that Owest has first notied CLEC in wrng at least
ten (10) busines days prior to discntinuing the proceing of ordrs
for Serice. If Qwest does not refuse to acpt additional orers for
Services on the date specied in the ten (10) business days notice,
and CLEC's non-cpliance contnues. nothing cotained herein shall
precude Qwest's right to refuse to acct additional orders fo
Serces from CLEC without furter notice. For order processing to
reume, CLEC will be reuired to make full payment of all past-due
charges for Servce not disputed in good faith under this Agreeent,
and Qwest may reuire a depsit (or recalculate the depoit) pursuant
to Section 8.5. In additin to other remedies that may be available atlaw or equity, Owt reserves the right to se equitable relief
inciuding injunctive relief and specfic perfrmance.
8.3 Disconnecton. Owest may disconnec any Servce
provIded under this Agreeent for failure by CLEC to make full
payment for such Servce, less any go faith disputed amount as
provied for in thIs Agreement. within sixt (60) Days following the
Payment Due Date provided that Qwest has first notied CLEC In
Marc 10, 2009/kcd/Greenfly/ Qwest QLSpTM MSA - (v9-24-Q8)
AZ-CDS-090309-0001; CO-CDS-Q9030902; ID-CDS-Q90309-003; M N-CDS-0309-Q4; NM-CDS-0309-5;
ND-CDS-Q90300006; OR-CDS-Q90309-0007; UT -CDS-Q90309-0008; WA-CDs-3Q909; WY -CDS-03Q91 0;
Page 3 of 11
wrting at least ten (10) business days prior to disconnecng Servces.
CLEC WILL pay the applicale charg set fort in the Rate Sheet
require to recnnect Servce for each End User Customer
disconneced pursuant to this paragraph. In case of such
disconnecton, all applicable undisputed charges, including termination
charges, WILL becoe due. If Qwest does not disconnec CLEC's
Serice on the.date specfied In the ten (10) busines days notice, and
CLEC's noncoplianc continues, nothing contained hereln shallprecude Qwests right to discnnect any or all Servce. For
recnnecon of the Servce to occr, CLEC will be require to make
full payment of all past and current undispute charges under this
Agreement for Service and Qwest may require a deposit (or
recalculate the deposit) pursant to Secton 8.5. In addition to other
remedies that may be available at law or equity, each Part reserves
the right to seek equitable reief. including injunctve relief and specc
perfrmance. Notthstanding the foregoing. Qwest wil not effec a
disconnecon pursuant to this secton in such manner that CLEC may
not reasonably comply with Applicable Law conceming End User
Custoer discnnection and nolfcation. provided that, the foregoing is
subje to CLEC's reasonable dilgece in efecng such compliance.
8.4 Billing Dispus. Should CLEC dispute, in goo faith, and
withhold payment on any por of the charg under this Agreement,
CLEC will notify Qwest in wrting within fifteen (15) Days following the
Payment Due Date identifyng the amount, reon and rationale of
such dispute. At a minimum, CLEC will pay all undisputed amounts
due to Qwest. Both CLEC and Qwest agree to expite the
investigation of any disputed amounts, promptly provide resonabiy
reuested documentation regrding the amount disputed. and work in
good faith in an effrt to resolve and settle the dispute through informal
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 chargs may be subjec to late
payment charges. If the disputed charges have ben withhel
and the dispute is resolved in favor of Qwest. CLEC will pay the
disputed amount and applicable late payment charge no later
thn the next Bil Date follong the reslution. CLEC may not
continue to withhold the dispute amount following the initial
resolution while pursuing furter dispute reslution. If the
disputed charges have been withheld and the dispute is resolved
in favor of CLEC, Qwest will crdit CLEC's bil for the amount of
the disputed charges and any late payment charges that have
been assess no later than the secnd eil Date after the
resolution of the dispute.
B. If CLEC pays the disputed charges and the dispute is
relved In favor of Qwest, no furter action is reuire. If CLEC
pays the charges disputed at the time of payment or at any timethereafter, and the dispute is reslved In favor of the CLEC.
Qwest will adjust the Billing, usually within tw Billing cycles afer
the relution of the dispute. as follows: Qwest will crit the
CLEC's bill for the dispute amount and any associated inter;
or if the disputed amount is greater than the bil to be credited,
pay the reaining amount to CLEC.
C. The interest calculate on the disputed amounts WILL be the
same rate as late payment charge. In no event, however. will
any late payment charges be assessed on any previousl
assesed 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 appeare,
adjustment wil be made on a going-forward basis only, beginning
with the date of the dispute.
8.5 Securi Deposits. In the event of a material adverse
change in CLEC's financial condîton subsequent to the Effecve Date
of the Agreement, Owt may request a securi deposit. A "materal
adverse change in financial condition" means CLEC is a new CLECwith no esblished credit history, or is a CLEC that has not
established safactry crit with Qwest, or the Part is repeatedly
delinquent In. making its payments, or is belng recnnect after a
disconecon of Sece or discntinuance of the prong of orders
by Qwst due to a previous failure to pay undisputed charg in a
timely manner. Qwest may require a depsit to be hel as secrity forthe payment of charges before the order fr CLEC will beprovisloned and copleted or befre recnnecon of Servce.
"Repeatedly Delinquent" means any payment of a material amount of
total monthly Biling under the Agent received after the Payment
Due Date. three (3) or more times during the last twelve (12) month
period. The deposit may not exced the estimated total montly
charges for a tw (2) month period based upon reent Billing. The
depsit may be an irrevocable bank lett of credit, a letter of crit
with terms and conditions accptale to Qwest, or some other fonn of
mutually acceptable security such as a cash depsit The depit may
be adjusted by CLEC's actal monthly avere charges, payment
histo under this Agement, or other relevant fact, but in no event
wilt the serity deposit exc fie milion dollars ($5,000,000.00).
Required depits are due and payable wiin thirt (30) Days after
demand and non-payment Is subjec to 8.2 and 8.3 of this Secon.
8.6 Intrest on Deposits. Any Interest earned on cash deposits
wil be credited to CLEC in the amount actally earned or at the rate
set fort In Secon 8.7 below. whichever Is lower, except as otherwise
required by law, provided that, for elimination of doubt, the Partes
agre that such deposit are not subjec to stte laws or reulatins
relating to consumer or End User Customer cash depsits. Cash
deposits and acced Interest. if applicable, will be credite to CLEC's
accunt or refunded, as approriate, upon the earlier of the expration
of the term of the Agreent or the establishment of satisfactory crit
with Qwet, which will generlly be one full year of timely payments of
undisputed amounts In full by CLEC. Upon a material change in
financial standing, CLEC may reuest, and Qwest will consid, a
recalculatin of the depsit The fact that a depoit has be made
do not relieve CLEC fr any reuirements of this Agreement.
8.7 Late Payment Cbara. If any porton of the payment Is
reved by Qwest after the Payment Due Date, or if any porton of the
payment is received by Qwest in funds that are not immediately
available, then a late payment charge WILL be due to Qwst. The late
payment charge Is the porton of the payment not reived by the
Payment Due Date multiplied by a late factor. The late factor is the
lesser of the highest Interes rate (In decmal value) which may be
levied by law for comercal trnsactons, compounded daily fo the
number of Days frm the Payment Due Date to and including the date
that the CLEC actally makes the payment to awest; or 0.000407 pe
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 Qwes.
9. Conversions. If CLEC is obtaining service fr
Qwest under an arrngement or agreement that Includes the
application of termination liabilty assesment (TLA) or minimum perid
charges, and if CLEC wishes to conver such sece to a Serice
under this Agreeent, the coversion of such serce will not be
delayed due to the applicabilty of TLA or minimum period charges.
The appicability of such charges is govemed by the tes of the
original agrement. Tari or arrngement. Nothing herein win be
costred as expanding the rights othrwse granted by this
Agreeent or by law to elect to make such conversions.
10. Custmer Contact. CLEC. or CLEC's authorize agent,
are the single point of contact for its End User Customers' servce
Marc 10, 2009JkcdGreenflyl Qwest QlSP 1M MSA - (1124-08)
AZ-CDS-090309-0oo1; CO-eDS-Q90309-002; IO-eDS-090309-0003; MN-eDS-Q90309-0004; NM-eDS-090309005;
NO-CDS-00309-0oo6; OR-CDS-090309-D07; UT-CDS-90309-008; WA-CDS-Q90309-0009: WY-CDS-Q90309-010:
Page 4 of 11
nees. incuding wihout Ilmltation, sales. servce design, order taking,
Provisioning, change orders, trining, maintenance, truble reort,
repair, post-sale servicing, Billng, collection and inquiry. CLEC will
Inform its End User Customers that they are End User Customer of
CLEC. ClEC's End User Customer contactng Owt will be
Instrcted to contact CLEC, and Qwests End User Customers
contacting CLEC will be instrcted to contact Owest. In repoing to
calls. neither Part will make disparaging rearKs about each othr.
To the extent the corr prvider can be deterined. misdireced calls
reved by either Part will be refered to the proper provier of Locl
Exchange Serce: however, nothing in this Agreeent shall be
deemed to prohibit Owest or CLEC frm discssing its prouct and
sece with CLEC's or Owests End User Customer who call the
other Part.
or destrcton of tangible prpert, whether or not owed by
others, resulting from the Indemnifng Parts brech of or failure
to perfrm under this Agreent, regrdless of the form of acton,
whether in contrct, warrnty, sùict Ilabllty, or tort including
(without limitation) negligence of any kind.
10.1 In the event Qwest terminates Servce to CLEC for any
reason, CLEC will provide any and all necssary notice to its End User
Customers of the termination. In no case will Qwest be responsible for
providing such notice to CLEC's End User Customers.
B. In the case of claims or los alleged or incurr by an End
User Customer of either Part ariing out of or in connec with
Servce provided to the End User Custoer by the Part, the
Part whse End User Custoer alleged or incurr such claims
or loss (the Indemnifyng Part) shall defend and indemnify theother Part and each of its offce, direor, employee and
agents (collecely the Indemnifed Part) against any and all
such claims or los by the IndemnlfyAQ Part's End User
Customers regrdless of whether the underying Serce was
provided or was provisioned by the Indemnifed Part, unles the
loss was caused by the gross negligence or willful miscnduct of
the Indemnified Part. The obllgation to indemnify with respec to
claims of the Indemnifyng Parts End User Custmers shaD not
extd to any claims for physical boily injury or death of any
Pern or perss. or for loss. damage to, or destron of
tangible proper. whether or not owed by other, alleg to
have resulte direy from the negligence or intentional coduct
of the employees. contrctrs, agents, or other represntaties of
the Indemnlfled Part.
11. Pefult and Brech. If either Part defaults in the payment
of any amount due hernder. or if eiter Part violates any other
materil provision of this Agreement and such defult or vilation
cotinues for thirt (30) Days after written notice thereof. the other
Part may terminate this Agreent and see relief in accrdance with
the Dispute Resolution proviion, or any remedy under this Agreement.
13.2 The Indemnification provided herein is conditined upon:12. Limittion of liabilty.
12.1 CLEC's exclusive reedies for claims under this Agreeent
are limited to CLEC's proven diret damages unles CLEC's damages
are otherwse limited by this Agreement to outage credits or other
servce credits, in which case Qwests total liabilit win not exce the
aggregate amount of any applicble credits due.
12.2 Except for indemnification and payment obligations under
this Agreement. neither Part shall be liable to the other for indire
incidental. consequential, exemplary, punitve. or specal damages,
including, withut limitation, damages for lost profits, los revenues, lost
savings suffere by the other Part reardles of the form of acton,
whether in contrct. warrnty. strct liabilty, tort, including, without
limitation, negligence of any kind and reardless of whether the Partes
know the possibility that such damages could reult.
A. The Indemnified Part will promptly noti the Indemnifyng
Part of any acton taken against the Indemnified Part relating to
the Indemnifcation. Failure 10 so notify the Indemnifyg Part willnot relieve the Indemnifng Part of any liabilty that the
Indemnifyng Part might have, except to the extent that such
failure prejudice the Indemnifng Parts ability to defend such
claIm.
12.3 Nothing contained in this Secon shall limit either Part's
liabilty to the other for willfl miscnduct. provided that, a Part's
liabilty to the othe Part pursuant to the foreging exclusion, other
than dir damages, wil be limited to a total cap equal to one hundred
per cent (100%) of the annualized run rate of total amounts chrged by
Qwes to CLEC under the Agreement.
B. If th Indemnifng Part wishes to def against such
actn, It wil give wrtten notice to the Indemnified Part of
acctance of the defense of such acton. In such evnt, the
Indemnifyng Part has sole autori to defend any such action.
including the selecon of legal counsel, and the Indemnifed Part
may engage separate legal counsel only at it sole cost and
expense. In the event that the Indemnifing Part does not
accpt the defense of the actn. the Indemnifed Part has the
right to emloy counsel for such defense at the expse of the
Indemnifng Part. Each Part agree to corate with the
other Part In the defense of any such acton and the relevant
rerds of each Part will be available to the other Part with
repec to any such defense.
13. Indemnit.
13. 1 The Partes agree that unless otherwse speclcally set fort
in this Agreent the following constitue the sale indemnifcation
obligations between and among the Partes:
C. In no event wil the Indemnifng Part sette or consent to
any judgment for relief other than monetary damages pertining
to any such action without the prior wrttn consent of the
Indemnified Part. In the event the Indemnified Part withholds
conset the Indemnified Part may, at its cost, take over such
defense, provided that, in such event, the Indemnifyng Part shall
not be responsible for, nor shall It be obligated to indemnify the
relevant Indemnified Part against. any cost or liabilty in exces
of such refused coproise or settement.
A. Each Part (the Indemnifying Part) agrees to release,
indemnif. defend and hold harmless the other Part and each of
Its offcers, direcrs, employee and agents (each an Indemnitee)
fr and against and In repec of any loss. debt, liability,
damage, obligation, claim. demand, judgment or settement of any
nature or kind, known or unknown, liquidated or unliquidated
including, but not limited to, resonable cots and expnses
(including attmeys' fees), whether suffered, made, instited, orasserted by any Persn or enti, for invasion of privacy, bodily
injury or death of any Persn or Persons, or for loss, damage to,
March 10, 2009/kcd/Greenflyl Qwst QLSpTM MSA - (v9-24-8)
AZ-CDS-090309-0001: CO-D5-90309-2; ID.CD5-309-003; MN-CDS-0309-D04: NM-CDS-Q9030-Q005;
ND-CDS-090309-06; OR-CDS-090309-007; UT.CDS-Q0309-0008: WA-CDS.Q90309-09; WY-CDS-0309-Q010;
14. Limit Warrnties.
14.1 Each Part will provide suitably quallfled personnel to per this
Agreent and all Servce hernder in a good and worKmanlikemanner and in material conformance with all Applicable Laws and
reulations.
Page50f11
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 WARRANTIES; INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITESS FOR A
PARTICULA PURPOSE, OR TITLE OR NON~INFRINGEMENT OF
THIRD PARTY RIGHTS.
15. Relatonship. Except to the limite extnt expesly
provided in this Agrêent neier Part has the authty to bind the
other by contr or otherse or make any represntations or
guarantees on behalf of the other or othrwse act on the others
behalf; and the relationship arising frm this Agreement does not
costiMe an agency, joint venture, partership, employee reationship,
or frnchise.
16. Assignment.
16.1 CLEC may not assign this Agrement or any rights or
obligations hereunder without the prior wrtten consent of Qwt. which
consent will not be unreasonably withheld. Notwthstanding the
foregoing and subjec to the pri crit reiew, 'submlssion of
approprite legal docmentation (including. but not limited, to any
appropriate Secretary of State or other filings or documents speced
by Qwest and approval by Qwest of CLEC's proposed assignee. CLEC
may assign this Agreement without prior written cosent of Qwst to
any Afliate. sucssr throgh merger, or acqulre of substantially all
of its assets; and Qwest may assign this Agreeent without prior
wrtten consent to any Affliate, succor through merer, or acquirer
of substantially all of It busines asset; provided that in all cases the
assignee of CLEC or Qwest, as applicable, acknowedge in wrting its
assumption of the obligations of the assignor hereunder. Any
attempted assignment in violation hereof is of no force or effct and is
void. Without limiting the generality of the foreoing. this Agreement
will be binding the Partes' respecve succsors and assigns.
16.2 In the evet that Qwt transfer to any unaffliate part
exchanges induding End Use Customers that CLEC seres in whole
or in part throgh Serce provided by Qwt under this Agment,
Qwest wil ensure that the trnsfere serve as a succssor to and fully
perrm all of Qwests responsibilties and obligations under this
Agreeent for a period of ninety (90) Days from the efecve date of
such trnsfer or until such later time as the FCC may direct pursuant to
the FCC's then applicable statutory authority to impose such
responsibilities either as a condition of the trnsfer or under such other
state statutry authority as may give it such power. In the event of
such a proposed trnsfer, Qwest wil use bet effort to facilitate
discussions between CLEC and the trnsfere with respect to
transferee's assumption of Qw~t's obligations aftr the above-state
transition period pursuant to the tes of this Agreement.
17. Reporting Requirements. If reportng obligations or
requirements are imposed upon either Part by any third part or
reulatory agency In connecon with either this Agreement or theServces. including use of the Servce by CLEe or its End Users, the
other Par agree to assist that Part in complying with such
obligations and reuireents, as resonably required by that Part.
18. ~. The expiration or teination of this Agreent
does not relieve either Part of thse obligations that by their nature
are intended to survive.
19. Çonf!dentlalltv Nondisclosure.
19.1 Neither Part wil, without the prior written consent of the
other Party issue any pubiic announceent rearding, or make any
other disdosure of the terms of, this Agreement; or disclse or use
(excet as expressly permitted by, or required to acieve the purpse
of, this Agreent) the Confidential Infrmation of the other Part.
Consent may only be given on behalf of a Part by It Legl
Deprtent. However, a Par may disdose Confidential Infrmatin if
reuired to do so by a govemmental agency, by operatin of law. or if
necery in any prceeding to esblish rights or obligtions uner
this Agreement.. provided that the disdoslng Part gives the non-
disdosing Part reonable prior wrtten notice. Notwthstanding the
foreoing. if reportng or filing obligations or reuirements are imposed
upon Qwest by any third part or regulatory agency In conecion wi
this Agreement, CLEC agrees to assist Qwest in coplyng with such
obligations and requirements, as resonably reuired by Qwest and to
hold Qwes harmless for any failure by CLEC in this regard. Qwests
copliance with any regulatory filing obiigation will not costtute a
violation of this secon.
19.2 All Confidential Information will remain the pr of the
disclsing Part. A Part who recees Confential Informatin vi an
oral communication may reuest wrttn confirmation that the material
is Confidential Information. A Part who delivers Confidential
Infoation via an oral communication may reuest wrttn
confirmation that the Part reiving th information undertands that
the materil is Confidential Inforaton. Eac Part has the riht to
corr an inadverent failure to ident Infoation as Confidential
Infrmation by giving wrtten notification within thirt (30) Days after the
information is disclosed. The reiving Part will frm that time
forwrd, trt such information as Confldentlallnformation.
19.3 Upon request by the discing Part, th recMng par will
return all tangible copies of Confiential Infrmation, whether wren,
graphic or otherwse, excet that the reiving Part may retain one
copy for arcivl purpses.
19.4 Each Part will keep all of the other Parts Confidential
Information cofidential and will disdose it on a nee to know basis
only. Each Part wil use the other Parts Confidentil Informatin
only in connecion with this Agreement and in accrdance with
Aplicable Law. Neither Part will use the other Part's ConfidentialInformation for any other purpse except upon such terms and
conditions as may be agreed upon be the Partes in wrting. If
eiter Part loses, or makes an unauthorized disclosure of, the otherPart's Confidential Informaton, It will notify such other Part
immediately and use resonable efrt to retreve the information.
19.5 Effecve Date of this Secon. Notwthstanding any other
provision of this Agreement. the Confdetial Infation provisions of
this Agreement apply to all Information fumished by either Part to the
other in furterance of the purpose of this Agreement, even if fumished
before the Effve Date.
19.6 Each Part agrees that the disclsing Part could be
irreprably injure by a breach of the confidentility obligaons of thisAgreent by the recving Part or its represetave end that the
disdosing Part is entitled to seek equitable relief. including injunclve
relief and specc perance in the event of any brch of the
confidentiality provisions of this Agreent. Such reedies are not
th exclusive remedies fo a breach of the confidentiality provIsIons of
this Agreeent, but are in addition to all other remedies available at
law or in equity.
19.7 Nothing herein should be constred as limiting either Parts
rights with respec to its ow Confidential Infoation or Its obligations
with respec to the other Parts Cofidentil Infrmaton under Secon
222 of the Ac.
20. ~. Except as otherse provided herin. neither
Parts falure to enforc any right or reedy available to it under this
Agreement wil be construed as a waiver of such right or a waive of
any other provision hereunder.
March 10, 2009/kcd/Greenflyl Qwest QLSP"" MSA - (v924-8)
AZ-CDS-090309-001 ; Co-CDS.090309002; ID.CDS..90309-ûOO3; M N.CDS-0309-û004; NM.CDS-û90309-05;
ND-CDS.090309-0006; OR-CDS-309-0007; UT -CDS.090309-0008; WA-CDS-309-ûOO9; WY -CDS-û90309-10;
Page 6 of 11
21. Regulatry ApprovaL. Each Part reserves its rits with
respec to whether this Agreement is subjec to Secons 251 and 252
of the Act. In the event the FCC, a state commission or any other
govemmental authority or agency rejec or modifes any material
provision in this Agreent, either Part may Immediately upon wrtten
notice to the other Part terminate this Agreement. If a Part Is
reuire by a lawfl. binding order to file this Agreent or a provision
theref with the FCC or state reulatory authorities for apprval or
reulatory review, the filing Part shall provide wrtten notice to the
other Part of the existence of such lawfl, binding order so that the
other Part may seek an injunct or other relief frm sud order. .In
addition, the filing Part agrees to reasoably coperate to amend and
make modifcations to the Agreement to allow the filing of the
Agreement or the specfic part of the Agreement affected by the order
to the extent reasonably necessry.
22. M2. Aly notice require by or conceing this
Agrement will be in writing and will be suffciently given if delivered
persnally, delivered by prepaid oveight expres serce, sent by
facsmlle with electnic cofirmation. or sent by certed mall, returnrecipt reueste, or by email where speified in this Agreent to
Qwes and CLEC at the addrees shown on the cover sheet of this
Agreeent.
23. Forc Maleure. Neither Part shall be liable for any delay
or failure in peormance of any part of this Agreement from any cause
beyond its control and without its fault or negligence indudlng, without
limitation. act of nature. act of civil or miltary authority. government
reulations, embargoes, epidemics, terrrist acts, riots. insurrectons,fires, explosions, eartquakes. nuciear accdents, floods, work
stoppages, power blackouts, volcanic action. oter major
environmental dIsturbnce, or unusually sever weather conditions
(collectely. a Forc Majeure Event). Inabilty to secre product or
serces of other Per or transprttion facilities or act or
omissions of trnsporttion carrers shall be considered Force Majeure
Events to the extent any delay or failure in perfrmance caused by
these circustance Is beond the Part's contrl and wiout that
Part's fault or negligence. The Part afeced by a Force Majeure
Event shall give prompt notice to the other Part, shall be exsed
frm perfrmance of it obligations hereunder on a day to day basis to
the extent those obligations are prevented by the Forc Majeure
Event, and shall use reonable effrt to remove or mitigate the
Forc Majeure Event. In the event of a labor dispute or strke the
Partes agree to provide Servce to each other at a level equivalent to
the ievel they provide themselves.
24. Governing La. Colorado state law, without regard to
choicef-law principles, governs all matters arising out of, or reting
to, this Agreeent.
25.Dispute Resoluton.
producton, and are not admissible in any subsequent proings
without the concurrence of both Pártles.
25.2 If the designated representatives have not reamed a
resolution of the dispute within fin (15) Days after the wrtten notice
(or such longer perod as agreed to In wrting by the Partes), then
elther Part may comence a dvil acton. Any acton will be brought In
the United States Distrct Court for the Distrt of Colordo if it has
subjec mater jurisdicon over the acton, and shall otherwse be
brought In the Denver Distrct COrt fo the State of Coorao. The
Partes agre that such court have persnal jurisdicton over them.
25.3 waiver of JUry Trial and Class Actn. Each Part, to the
exent permitted by law, knowingly, voluntarily, and Intentionally waives
Its right to a trial by jury and any right to pursue any daim or acton
arising out of or relating to this Agrement on a dass or consolidated
basis or in a representative capacity.
25.4 No cause of acton regardless of the form of actn, arsing
out of, or relating to this Agreement, may be brght by either Part
more thn tw (2) years after the cause of act arises.
26. Headings. The headings used in this Agreent are for
coveience only and do not in any way limit or otherse aff the
meaning of any terms of this Agrement.
27.Authorization. Each Part represnts and warrnts that:
A. the full legal name of the legl entity Intended to provide and
receive the benefts and Servce under this Agreement is
accrately set fo herein;
B. the person signing this Agreeent has bee duly authorze
to execte this Agreeent on that Part's behalf
C. the exection her is not in confic with law, the tes ofany chrter. bylaw, artdes of assocati, or any agreent to
which such Part is bond or afed: and
D. each Part may act in reiance upon any instrction,
instrment, or signature reasonably believed by it to be authoried
and genuine.
28. Third Part Beneficiaries. The terms. represntations,
warrnties and agreements of the Partes set fort in this Agreent
are not Intended for, nor will they be for the benefi of or enforceable
by, any third part (lndudlng, without limitation, Custoets Afliate
and End Users).
29. InSUrance. Each Part shall at ali times during the ter of
this Agrement. at its ow cost and expnse, cany and maintain the
insurance covere listed below with insure having a "Bests" rating
of B+XlI with respec to liabilty arising fr its operations for which
that Part has assumed legl responsibilty in this Agreement. If a
Part or Its parent company has asset equal to or exceeding
$10,000.000.000, that Part may utilize an Affliate captive Insurancecompany in lieu of a "Bests" rate insurer. To the extent that the
parent copany of a Part is relied upon to meet the $10,000,000,000
asset threhod, such paret shall be responsible for the insurance
obligations contained in this Secon, to the extent its afliated Party
fails to meet such obligations.
29.1 Worer' Copenstion with statutory limits as reuired in
the state of opratin and Emplyer' Liability insurance with limit of
not less than $100,00 eam accdent.
25.1 The Partes will attempt in go faith to resolve through
negotiation any dispute. claim or contrvery arising out of, or relating
to, this Agreeent. Either Part may give written notice to the other
Part of any dispute not resolved in the normal course of business.
Each Part wil within seven (7) Days after deliver of the wrtten notice
of dispute, designate a viceresident level employee or a
repreentative with authority to make comitments to review, meet,
and negotiate, in good faith, to resolve the dlsptte. The Partes inted
that these negotiations be coducted by non.lawyer, business
reresentatives, and the locations, format, frequency, duration, andcondusions of these discuions wil be at the discetion of the
representatives. By mutual agreeent, the repreentatives may use
other proceures to assist In these negotiations. The discussions and
correspondence among the repreentatives for the purpses of these
negotiations will be treated as Confidential Information developed for
purposes of settement, and wil be exempt frm discover and
Marc 10. 2009/kcdGreenflyl Owest QLSpTM MSA - (\124-08)
AZ-CDS-Q90309.0001; CO-CDS-090309-0002; ID-CDS-090309-003; MN-CDS.090309-0004; NM-C05-09309005;
ND-CDS-0309-0006; OR-CDS-09309-0007; UT-CDS-90309-0008; WA-CDS.09309-0009; WY-CDS-090309-10;
29.2 Commercial General Liabilty insurance coverng claims for
bodily injury. death, personal injury or propert damage, including
Page 7 of 11
coverage for indepndent contrcts protecton (required if any work
Will be subcontrcted), product and/or copleted opertions and
contrctal liability With respec to the llablIty assumed by each Part
hereunder. The limits of insurance shall not be less than $1.00.00
each occrrence and $2,000.000 generl aggreate limit.
29.3 "AU Risk" Propert coverage on a full replaceent cost basis
insuring all of such Parts pernal proper situated on or within th
Premises.
29.4 Each Part may be asked by the other to provide
cecate(s) of Insurance evidencing coverage, and thereafter shall
provide such ceflcate(s) upon request. Such certficates shall:
A. name the other Part as an additional Insure under
comeral generlliabilty coverage;
B. provide thirt (30) Oays prior wrtten notice of cancellation of.material change or exclusions in the policy(s) to which
cecate(s) reate;
C, Indicate that coverage is primary and not exces of, or
contrbutory With, any other valid and collecble insurance
purchased by such Part; and
O. ackowledge severbility of interescrss liabilty coverage.
30. Communlcaons Assistnce Law Enforcement Ac of
~. Each Part reprents and warrnts that any equipment,
facilities or Servce provided to the other Part under this Agreement
comply With the CALEA. Each Part will indemnif and hold the othr
Part harmles frm any and all penalties Impos upon the other
Part for such noncmpliance and wil at the non-compliant Parts
sole co and expense, modfy or replace any equipment, facilites or
Serce provided to the other Part under this Agreement to ensure
that such equipment, facilities and Seice fully coply with CALEA
31. Eiltire Agreement. This Agrement (including all
Attchments, Rate Sheets, and other documents refered to herein)
constitules the full and entire undertanding and agreement betwn
the Partes with reard to the subject of this Agreement and
superedes any pnor understandings. agreements. or representations
by or between the Parties, written or oral, including but not limited to,
any term sheet or memorandum of understanding entere into by the
Partes, to the extent they relate in any wa to the subject of this
Agreement. Notwthstanding the foreoing, certain elements use in
combination with the Servce provided under this Agreeent are
provided by Owest to CLEC under the ters and conditins of its
interconnecton agreement ("ICA"), and nothing contained herein Is
intended by the Partes to amend, alter, or othelwlse modif thos
ters and conditions.
32. Proof of Authorizaion.
32.1 Each Part shall be responsible fo obtaining and
maintaining Prof of Authorization (POA), as required by applicable
feeral and state law, as amended frm time to time.
32.2 Each Part will make POAs available to the oter Party upon
reuest. In the event of an allegation of an unauthorized change or
unauthorized servce in accrdance with all Applicable Laws and rules,
the Part charged with the alleged infrcton shall be reponsible for
resolvng 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 serv.
33.1 Owest will prvide generl repair and maintenance sece
on its facilties, including thse facilities supporng Serce purcase
by CLEC under this Agreent, at a level that is conslstt with other
coparable servce provided by Owest.
33.2 In order to maintain and modemize the netwrk properly,
Owest may make necary modifications and changes to its net
on an as needed basis. Such changes may result in minor changes to
trsmisson parameter. Netw maintenance and moderization
actvies will reult in trnsmissi paramet that are within
trnsmission limits of the Sece order by CLEC. Owest will provide
adnce notice of changes that af netrk Interoperabilty pursant
to applicable FCC rules.
33.3 Netork Secrity,
A. proten of Serce and ProPer. Each Part will exese
the sae degree of care to prvent harm or damag to the other
Part and any third partes, its employ, agets or End User
Customers, or their propert as it employs to protect Its own
personnel, End User Custoer and propert. etc., but in no cae
less than a comercally reasonable deg of care.
B, Each Part is reposible to provide seri and pnvacy of
comunications. This entails proteting the confiential nature of
Telecmunications trnsmissions betee End Use Custmer
during technician work opertions and at all times. Spefically,
no employee, agent or rereentative shall monitor any circits
except as reqire to repair or provide Servce of any End User
Customer at any time. Nor shall an employee, agent or
representative discos the nature of overheard conversations, or
wh partcipated in such comunications or even that such
communicatin has taken place, Violation of such secrity may
entail state and feerl crminal pealties, as well as cil
penltes. CLEC Is reponsible for covering its employee on
such security requirements and penalties.
C, The Parties' netwrks are pa of the national security
netwrk, and as such. are proteced by federal law. Oeliberate
sabotage or disablement of any porton of the underlying
equipment used to provie the netwrk Is a violatin of feerl
stutes with severe penalties, especially in ties of natinal
emergency or stte of war. The Partes are responsible for
covering thelr employees on such secrity requirements and
penalties.
O. Qwest shall not be liable fo any losse, damage or other
claims, incuding, but not limIte to, uncollecble or unbillable
revenues, reulting fr accdental. erneous, malicious,
frudulent or otherise unauthorize use of Serce or facilities
('Unauthorized Use"), wheter or not such Unautorized Use
could have ben resonably prevented by Owst, excet to the
extent Owest has be notfied In advnce by CLEC of the
exstence of such Unauthorized Use, and falls to tae
commercially resonable steps to assIst in stopping or preventing
such actvity.
33.4. Constcton. Owest will provide necessary constron
only to the extnt require by Applicable Law.
33.5. Individual Case Basis Reuests. CLEC may request
additional Servces not speed in this Agreeent and Qwest Will
consider such reuests on an Indiviual Case Basis ("ICB").
33.6. Reponsibilty For Enviromental Colajnation.
33. General Terms. A. Neither Part shall be liable to the other for any cots
Marc 10, 2009lcd/Greenflyl Owt QLSpTM MSA - (v924-08)
AZ-eOS-090309-oo01; CO-05-030e-0002; IO-eOS-oe0309-003; MN-COS-090309-04; NM-eOS-090309-0oo5;
NO-CDS-090309-0; OR-eOS-090309-0007; UT-COS-090309-08; WA-OS-90309-09; WY-COS-090309-010;
Page80f11
whatsever resulting fr the presence or relese of any
Environmental Hazrd that either Part did not Intruce to the
affectd work location. Both Partes shall deend and hold
harmless the other, its ofcers, directrs and employees fro and
against any los, damages. claims, demands. suits, liabilties.
flnes. penalties and expses (including reasonable attrneys'
fee) that arse out of or reult fr:
1. any Enviromental Hazard that the Indemnifyng Part,
its cotrctor or agents intruce to the work locations; or
2. the presence or releae of any Environmentl Hazard
for which the Indemnifing Part is responsible under
Applicable Law.
B. In the event any suspec materals within Qwest-oed.
operted or leased facllities are identified to CLEC by Owt to be
asbestos containing, CLEC WILL ensure that to the extent any
actiities which it undertkes in the facility disturb such suspec
materials, suc CLEC activities will be in accrdance with
applicable local. state and federl environmental and health and
safety statues and reulations. Except for abatement actvities
underken by CLEC or equipment placeent actvities that result
in the generation of asbess-ntaining material. CLEC does not
have any responsibilty for managing, nor is it the owner of, nor
doe it have any liability fo, or in connecon with, any asbestos
containing materal. Qwest agrees to immediately notify CLEC if
Qwest undertkes any asbetos contrl or asbe abatement
actvies that poentially could affec CLEC persnnel, equipment
or operations. Including, but not limited to, contaniination of
equipment.
March 10, 2009/kcd/Greenflyl Qwest QLSPTM MSA - (v924.QS)
AZ-COS-090309.Q001; CO-eOS-u0309-002; IO.CDS.090309-003; M N-COS-90309-004; NM-eS.Q90309.Q05;
ND-CDS.Q90309-0006; OR-eDS-0903007; UT -CD5-309-00S; WA-COS-090309-009; WY .CDS.309-010;
Page 901 11
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITONS
"Ac" means the Comunications Ac of 1934 (47 U.S.C. 151 et. se.), as
amended.
"Advance Intelligent Netwrk" or "AlN" is a Telecmmunicatins netwrk
architecre in which call processing, call routng and netrk management
are provided by means of centrlized databases.
"Affliate" means a Person that (directly or indirec) owns or contrls, is
owned or contrlled by, or is under common ownerhip or control with,
another pern. For purpses of this pararaph. the ter 'ow' means to
own an equity Intet (or the equivalent thereof) of more than 10 percet
"Automatic Loction Identication" or "ALI" is the autoatic display at the
Public Safety Anerng Point of the callets telephoe numbe. the
addreslocation of the telephone and supplementary emergency serces
informatin for Enhance 911 (E911).
"Applicble Law" means all laws, statute, common law including. but not
limited to, the Act the reulations, rules, and final orders of the FCC, a
state regulatory authority, and any final order and decsions of a court of
copetent jurisdiction reviewing the reulations. rules, or order of the
FCC or a state regulatory authority.
"Bill Date" means the date on which a Billing perod ends, as identied on
the bil.
"Biling" involv the provision of apprriate usage data by one
Telecmmunications carrer to another to facilitate Custer Biling with
attendant acknowledgments and status reports. It also involves the
exchange of Information between Telecomunications carrer to process
claims and adjustments.
"carrer" or "Common Carrer" See Telecmmunications carrer.
"Central Ofce" means a building or a space within a building where
transmission facilities or circits are conneced or swtced.
"Comercal Mobile Radio Servce" or "CMRS. is defined in 47 U.S.C.
Secton 332 and FCC rules and orders intereting that state.
"Communications Asistance for Law Enforcment Act" or "CALEA. refer
to the duties and obligations of Carrers under Section 229 of the Act.
"Confidentil Inforaton" means any Informati that Is not geerlly
available to the public, whether of a tecnical, busines, or other nature
and that: (a) the reiving Part knows or has reason to know is
confiential, proprietary, or trde secrt informatin of the discosing Part
and/or (b) is of such a nature that the receiving Part should resonably
undersnd that the disclosing Part desires to protect such infrmation
against unrestrcted disclosure. Confidential Informati will not include
Information that is 1n the public domain through no breach of this
Agreement by the reiving Part or is alredy known or is independently
developed by the reeiving Part.
.Customer" means the Person purcasing a Telecmmunications Servce
or an Information serice or both frm a Carrer.
"Day" means calendar days unles otherwse speed.
"Demarction Point" is defined as the point at which the LEe ceses to
own or contrl Customer Premises wiring including without limitation inside
wiring.
"Directry Assistanc Database" contans only those published and non-
listed telephone number listings obtained by Owestfr its own End User
Customer and other Telecmmunications carrers.
"Direcory Asistanc Servce" Includes. but is not limit to, making
available to callers, upon request, informatin cotained in the Dirctory
Asistance Database. Directry Assistnce Servce includes. where
available. the option to coplete the call at the caller's direon.
"Due Date" means the specc date on which the requested Serice is to
be available to the CLEC or to CLEC's End User Customer, as applicable.
"End User Customer" means a third part reil Customer that subscrbes
to a Telecmmunications Service provided by either of the Partes or by
another carrer or by tw (2) or more carrers.
"Environmental Hazard" means any substance the prence, use,
trnsport abandonment or displ of which (i) reuire investigatio,
remediatin, compensation. fine or penalty under any Applicable Law
(including. without limitation, the Comprehensive Environmental Response
Compesatin and Liabilty Act. Supend Amendment and
Reautorizati Ac, Resurce Conseration Recvery Act, the
Occupational Safety and Healt Act and provisions wi similar purposes in
applicable foreign. state and locl jurisdictons) or (ii) poses risks to human
health. safety or the environment (including, witht limitation, indoor.
outdoor or orbital space environments) and is regulated under any
Applicable Law.
"FCC. means the Federl Comunicatis Commission.
"lnterexchange carrer or "IXC" means a.Carrer that prdes InterLTA
or IntrLATA Toll serv.
"Line Information Database" or "LIDB" stores various telephone line
numbe and Special Billng Number (SBN) data used by operator servce
sysems to process and bil Alterately Biled Servce (ABS) cals. The
operator servce sysem accsses L1DB data to provide originating line
(callng number), Billng number and terminating line (called number)
infoati. LIDS is use fo callng card validation, frud prvention.
Biling or servce retrctons and the sub-accunt infation to be
included on the call's Biling recrd. Telcordia's GR-46-ORE defines the
interfce between the admInistrtion syste and LiDB including specfic
message formats (Telcordia's TR.NWP..OOO29, Secon 10).
"Line Side" refer to End Ofce Switch connecs that have been
prorammed to treat the drclt as a locl line conneced to a terinatingstation (e.g., an End User Customer's telephone station set, a PBX,
answering machine, facsmile machine, computer, or similar custmer
device).
"Locl Exchange Carrer" or "LEC" means any Carrer that is engaged in
the provision of Telephone Exchnge Servce or Exchange Accs. Such
ter does not in dude a carrer insofar as such carrer is engaged in the
provision of Commercal Mobile Radio Servce under Secion 332(c) of the
Act, excet to the extent that the FCC finds that such servce should be
included In the defnitn of such ter.
"Loop. or .Unbundled Lop" is defined as a trnsmission facillty between a
distrbut frame (or it equivaient) in a Qwst Central Ofce and the Loop
Demarctin Point at an End User Custoer's Premises
"Local Seice Reque or "LSR" means the Indust standard forms and
supportng documentation used for ordering local serce.
Marc 10, 2009/kcd/Greenflyl Qwest QLSpru MSA - (v924-08)
AZ.CDS-G90309-0001; CO-CDS.090309-G002; ID.CDS..90309-0003; MN-DS..90309-0004; NM.CD5-309-05;
NO-eDS-09030906; OR-CDS-090309-007; UT .CDS-090309-0008; WA-DS..90309-0009; WY -CDS..9030910;
Page 10 of 11
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITONS
.Miscellaneous Chargs' mean charges that Owest may asses in addition
to recurrng and nonrecrrng rates set fort in the Rate Sheet, for actties
ClEC requets Owt to peionn. actvities CLEC authrizes, or charg
that are a result of CLEC's actons, such as cancellatin chrges.
additonal labor and maintenance. Miscelaneous Charges are not already
Included in Owesfs recurrng or nonrerrng rates. Miscellaneous
Charges shall be contained in or refernce in the Rate Sheet.
.Network Elemenf' is a facilty or equipment used in the provisio of
Telecmmunications Servce or an inforation serice or both. It als
includes features, functons. and capabilities tht are provided by means of
such facllity or equipment. including subscber number., databases.
signaling sysems, and. infonnation suffcient for Biling and collecon or
used in the transmission, routing, or other provision of a
Telecommunications Service or an infonnation serice or both. as Is more
fully descrbed in the Agrement.
.Opertional Support Systems' or .OSS' mean prerdering, Provisioning,
maintenance, repair and biling systems.
"Order Fonn" means serice order request fonns issued by Owest, as
amended fr time to time.
.Pern" is a general ter meaning an individual or assciation.
corporation. finn, joint-sto company, organization, parterhip, trst or
any other fo or kind of entity.
.Port means a fine or trnk connecon point, including a line card- and
assoated peripherl equipment. on a Centrl Ofce Switch but does not
include Switch features. The Port serves as the hardare tennlnation for
line or Trunk Side facilities connect to the Centrl Ofce Switch. Each
Une Side Port is tyically associated with one or more telephone numbe
that serve as the Custoer's netwrk address.
"Preises" refer to Qwesfs Central Ofce and Servng Wire Center.: all
buildings or similar strctures owned, lease. or otherwse controlled by
Qwest that house its netwrk facilities; all strctures that house Qwest
facilities on public rights-of-way, Including but not limited to vaults
containing Loop concetrtors or similar strctre; and all land owned,
leased, or otherwise contrlled by Qwest that is adjacent to these Cetrl
Ofce. Wire Center.. buildings and strctres.
"Proof of Authorization" or "POA' shall consist of verification of the End
User Custmer's selecton and autorization adequate to document the
End User Customer's selecton of its local service provider and may take
the fonn of a third party verification fonnat.
"Provisioning" involves the exchange of infonnation been
Telecommunicatins carrer. where one exectes a request for a set of
prouct and service fro the other wi attendant acknowledgments and
status reports.
"Public Switched Netwrk" Includes all Switches and transmIssion facilties,
whether by wire or radio. provided by any Common Carrer including LECs,
IXCs and CMRS proders that use the Nort American Numbering Plan In
connecton with the proviion of switced serces.
.Serving Wire Center" denotes the Wire Center frm which dial tone forlocl exchange service would nonnaUy be provided to a partcular
Customer Premises.
"Shared Transport" Is defined as local interoffce transmission facilties
shared by more than one carrer, including Qwst, betwee End Ofce
Switces, between End Ofce Switches and Tandem Switches (locl and
Acc Tandem Switces), and between Tandem Switches within the
lol callng Ar. as desbed more fully In the Agreeent.
"Switch' means a switching device employed by a Carrer within the Public
Swiched Networ. Swtch includes but Is not limite to End Ofce
Swiches, Tandem Switces, Accs Tandem Switches, Remote Swtching
Modules, and Packet Switces. Switces may be employed as a
combination of End Ofceandem Switces.
.Switced Acc Traffc," as spcically defined in Owts intetateSwiched Ac Tari, is trc that originates at one of the Parts End
User Customer. and terinate at an IXC Point of Presnce. or oriinates
at an IXC Point of Preence and tenninates at one of the Parts End User
Customer, whether or not the trc trnsits the other Parts netwrk.
"Tariff as used throughout this Agreement rer. to Qwst interstate
Tariff and stte Tariff, price lists. and price scedules.
"Telecmunications Carrer means any provider of TelecmmunicationsServices, excet that such te does not Incude aggator. of
Telecmunications Service (as defined In Secton 226 of the Act). A
Telecomunications carrer shall be trte as a Common carrer under
the Act only to the extent that It is engage In providingTelecmunications Serce, exct that the FCC shall deterine
whether the provisio of fixed and mobile satellte serv shall be trted
as common carrage.
"Telecmmunications Servce" means the offering of telecmmunications
for a fee directy to the public, or to such classes of user as to be
effectvel available direy to the public. regardless of the facilities used.
"Telephone Exchane Serce" means a Serce within a telephone
exchnge. or within a connected syste of telephone exchanges within the
same exchang area oprated to furnish to End User Custers
Intercmmunicating Serice of the character ordinarily furnished by a single
exchange, and which is cover by the exchange Service charge, or
coparable Servce provided through a system of Swites, trnsmission
equipment or other facilties (or combinations thereof) by which a
subscber can oriinate and teinate a TelecmunIcations Serce.
"Trunk Side" ref to Swich conecons tht have been programmed to
treat the circit as connected to another switching entlty.
"Wire Center" denotes a building or space wiin a building that serv as
an aggretion point on a given Carrers netwrk, where trnsmission
facilities are connected or switched. Wire Cente can also denote a
building where one or more Centrl Ofce, used for the prvision of basic
exchange Telecmunications Serce and acc Serce, are locted.
Tenns not otherwse defined here but defned in the Act and the order. and
the rules Implementing the Ac or elsewere in the Agreement, shall have
the meaning defined there. The definition of tenns that are Included here
and are also defined In the Act. or its implementing order. or rules, are
Intended to include the definiton as set fort In the Ac and the rules
implementing the Act
Marc 10, 2009/kcdGreflyl Qwest QLSP'" MSA - (v9-24-)
AZ-COS-090309-001; CO.CDS.090309-0002¡ ID-CDS-Q90309003; MN-CDS-D309-0004; NM-CDS-090309-005;
ND-CDS-090309-; OR-CDS-0309-0007; UT-CDS.090309-0008; WA-CDS-Q90309-009; WV-CDS-QS0309-10;
Page 11 of11
QWEST LOCAL SERVICES PLATFORMiß AGREEMENT
ATTACHMENT 2-QSPiß Service Description
1.0 Qwest will provide Qwest Local Service Platform~
("QLSP~) Services according to the following terms and
conditions. Except as set fort in this Attchment,
capitalized terms have the definitions assigned to them in
the Agreement. CLEC may use QLSP Services to provide
any Telecommunications Services, inforation servce, or
both that CLEC chooses to offer to the extent that such
services are granted herein or not limited.
Izard Street; Omaha 90th Street; Omaha Fort Street; Omaha
Fowler Street; Omaha 0 Street; Omaha 78th Street; Omaha
135th Street; and Omaha 156th Street.
1.2.2 The following QLSP Service types will be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(including Centrex 21); Centrex Plus; Centron in Minnesota
Only; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP ResidentiaL.
1.1 General QLSP Service Description.
1.1.1 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Advanced
Intellgent Netwrk ("AIN") Servces, e.g., remote access
forwrding, and Qwest Voice Messaging Servce ("VMS")
may also be purchased with compatible QLSP Servces.
These Netwrk Elements will be provided in compliance with
all Telcordia and other industry standards and technical and
performance specifications to allow CLEC to combine the
QLSP Service with a compatible voicemail product andstutter dial tone. Qwst will provide access to 911
emergency servces and directory listings in accrdance with
the terms and conditions of CLEC's interconnection
agreements ("I CAs"). As part of the QLSP Service. Qwest
combines the Netwrk Elements that make up QLSP Service
with analog/digital capable Loops, with such Loops
(including services such as line splitting) being provided inaccrdance with the rates, terms and conditions of the
CLEC's ICAs. CLEC may also purchase Qwest Commercial
High Speed Internet (HSI) Service (also known as Qwst
Digital Subscriber Linec (DSL)), under a separate Services
agreement, to be used with compatible QLSP Service.
1.2.3 QLSP PBX Analog 2-Way DID Trunks will be
combined with 4 wire loops.
1.3 Local Switching. The Local Switching Netwrk Element
("Local Switching") is collectively the Line Side and TrunkSide facilties in the local serving Qwest end offce Switch
which provides the basic switching functon, the port, plus
the features, functons, and capabilties of the switch
including all compatible, available, and loaded vertical
features, e.g., anonymous call rejection, that are loaded in
that switch. Vertcal features are softre attributes on end
offce Switches and are listed on the Qwest wholesale
website. Qwst signaling is provided with Local Switching
solely as descrbed in Section 1.4.2 of this Attchment. The
following Local Switching port are available with QLSP
Service: Analog Line Port, Digital Line Port Supporting
Basic Rate InterfaceIntegrated Service Digital Netwrk
("BRI ISDN"), and Analog Trunk Ports.
1.1.2 QLSP Service is available in six different service
arrangements, each of which is descrbed more fully below:
QLSP Residential; QLSP Business; QLSP Centrex
(including Centrex 21, Centrex Plus, and in Minnesota onlyCentron); QLSP ISDN BRI; QLSP Public Accss Lines
("PAL"); QLSP PBX Analog DID and non-DID (one way and
tw way) trunks.
1.3.1 Analog Line Port. Line Port attributes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detecton; audible and power ringing;
Automatic Message Accunting (AMA Recording); and
blocking options.
1.1.3 Nothing in this Agreement precludes Qwest from
withdrawing availabilty of comparable, functionally
equivalent services from its retail end user customers. In the
event of such withdrawal or discontinuation, Qwest may also
withdraw availabilty of the equivalent QLSP Service.
1.3.2 Digital Line Port Supporting BRIISDN. BRI ISDN
is a digital architecure that provides integrated voice and
data capability (2 wire). A BRIISDN Port is a Digital 2B+D
(2 Bearer Channels for voice or data and 1 Delta Channel for
signaling and 0 Channel Packet) Line Side Switch
connection 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 capabilties. The serving arrngement conforms to
the internationally developed, published, and recgnized
standards generated by International Telegraph and
Telephone Union (formerly CCITT).
1.2 Combination of QLSP Service with Loops. Except as
described below, the Loop will be provided by Qwest under
the applicable ICAs in effect between Qwest and CLEC at
the time the order is placed. As part of the QLSP Servce,
Qwest will combine the Local Switching and Shared
Transport Netwrk Elements with the Loop.
1.3.3 Analog Trunk Port. DSO analog trnk Ports can be
configured as DID, DOD, and tw-way.
1.2.1 Pursuant to the order issued by the FCC
pertaining to the availabilty of Unbundled Netwrk Element
("UNE") Loops under Section 251(c)(3) of the "Acf' in itsReport and Order:Petition of Qwest Corpration for
Forbearance Pursuant to 47 U.S.C. § 160(c) in the Omaha
Metrpolian Statistical Area, FCC 05-170, WC Docket No.
04-223, (effectve September 16, 2005) ("OFO"), Qwest will
provide to CLEC the Loop element of QLSP Service
purchased in the following nine Omaha Nebraska Wire
Centers under the terms and conditions of this Agreement at
Rates provided in the Rate Sheet: Omaha Douglas; Omaha
March 10, 2009/kcd/Greenfly/ Attchment 2 - QLSPiß- (v-9-24-08)
AZ-CDS-090309-0001; Co-CDS-090309-0002; ID-CDS-090309-Q003; MN-CDS-090309-0004; NM-GDS-090309-0005;
ND-CDS-Q90309-0006; OR-CDS-090309-0007;UT-CDS-Q90309-0008; WA-CDS-090309-0009; WY-CDS-090309-0010;
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 trnk group.
1.3.3.2 All trnks are designed as 4-Wire leaving
the Central Ofce. For 2-Wire service, the trunks are
converted at the End User Customets location.
1.3.3.3. Two-way analog DID trunks are capable of
initiating out going calls, and may be equipped with
either rotary or touch-tone (DTMF) for this purpose.
When the trnk is equipped with DID call transfer
QWEST LOCAL SERVICES PLATFORM(ß AGREEMENT
ATIACHMENT 2-QLSP(ß Service Description
feature, both the trunk and telephone instruments
must be equipped with DTMF.
capabilty. ICNAM database contains current listed name
data by working telephone number served or administered
by Qwest, including listed name data provided by other
Telecommunications carrers participating in Qwests callng
name delivery servce arrangement.
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 th PBX. Type II
E&M signaling from Qwest to the PBX will be
handled as a special assembly request via ICB.
1.4.6 Qwest will provide the listed name of the calling
part that relates to the callng telephone number (when the
information is actually available in Qwests database and the
delivery is not blocked or otherwse 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.1.4.7 For CLEC's QLSP End User Customers, Qwest
will load and update CLEC's QLSP End User Customers'
name information into the L1DB and ICNAM databases from
CLEC's completed service orders. CLEC is responsible for
the accuracy of its End User Customers' information.
1.4 Vertical Features and Ancilary Functions and Services.
1.4.1 QLSP Service includes nondiscriminatory accs to
all vertical features that are loaded in the Local serving
Qwest end offce switch.1.4.8 Qwest will exercise reasonable efort 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 correctess or the
completeness of such information; however, Qwest will
accss the same database for CLEC's QLSP End User
Customers as Qwest accsses for . its own End User
Customers. Qwest will not be liable for system outage or
inaccessibilty or for losses arising from the authörized 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
Qwest tariff. Qwest will provide service control points in the
same manner, and via the same signaling links, as Qwest
uses such service control points and signaling links to
provide service to its End User Customers served by that
switch. Qwsts call related databases include the Line
Information Database (L1DB), Internetwrk Callng Name
Database (ICNAM), 8XX Database for toll free callng,
Advanced Intellgent Netwrk Databases (AIN), and Local
Number Portabilty Database. CLEC will not have access to
Qwests AIN based services that qualify for proprietary
treatment, except as expressly provided for in this
Agreement. Local Switching does not include use of
Qwests signaling netwrk for Toll Traffc. "Toll Traffc" and
"Toll Calls" means intra local accss and transport area
("LATA") or interLATA calls that originate and terminateoutside of the Local Callng Area as defined in the Qwt
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 Carrer (IXC)
or other wholesale SS7 provider.
1.4.9 Qwest will 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 will have non-
discriminatory access to Qwests L1DB database and ICNAM
database as part of the delivery of QLSP Service.
1.5.1 Shared Transport. The Shared TransportNetwrk Element ("Shared Transport") provides the
collective interoffce transmission facilities shared by various
Carrers. (including Qwest) betwen end-offce switches and
between end-offce switches and local tandem switches
within the Local callng Area. Shared Transport uses the
existing routing tables resident in Qwest switches to carry
the End User Customets originating and terminating
local/extended area servce ("EAS") interoffce Local trffc
on the Qwest interoffce message trunk netwrk. CLEC
traffc will be carried on the same transmission facilties
between end-offce switches, between end-offce switches
and tandem switches, and between tandem switches on the
same 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 Carrers ("Carrer(s)"
which terminate to QLSP End Users.
1.4.4 The L1DB database contains the following data:
various telephone line numbers and special billng number
(SBN) data; originating line (callng number); biling number
and terminating line (called number) information; callng care
validation; fraud prevention; Billng or servce restrictons;
sub-accunt information to be included on the call's Biling
record; and callng care, biled to third number, and collect
call information used in processing Alternately Biled
Services (ABS).
1.5.2 Originating Toll Calls from, and terminating Toll
Calls to, QLSP End Users will be delivered to/from the
designated IXCs from the Qwest end-offce switches and
accss tandems. Use of accss tandem switches are not
included in this Agreement and access tandem charges, if
any, may be biled by Qwest to the IXC(s) under the
applicable access tariff.
1.5.3 IntraLA T A and InterL TA Carrier Designation.
QLSP includes the capabilty for selecton of the interLATA
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
March 10, 2009/kcd/Greenfly/ Attachment 2 - QLSP(ß - (v-9-24-08)
AZ-CDS-090309-0001; CO-CDS-090309-0002; ID-CDS-090309-003; MN-CDS-090309-0004; NM-eDS-090309-0005;
ND-CDS-090309-0006; OR-CDS-090309-0007; UT -eDS-090309-0008; WA-CDS-090309-0009; WY-CDS-090309-0010;
2
QWEST LOCAL SERVICES PLATFORMil AGREEMENT
ATTACHMENT 2-QLSPil Service Description
and intra LATA Toll provider(s) on a 2-Pnmary Interexchange
Carrier (PIC) basis. CLEC will designate the PIC
assignment(s) on behalf of its End User Customers for
interLATA and intra LATA Services. All CLEC initiated PIC
changes will be in accrdance with all Applicable Laws, rules
and regulations. Qwest will not be liable for CLEC's
improper PIC change requests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Qwest does not
authorize CLEC to offer, request, or select Qwest LPIC 5123
service to CLEC's End User Customers for intraLATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwest LPIC 5123 to CLEC's End User
Customers, Qwest will bil CLEC and CLEC will pay Qwest
the rates contained or referenced in the attched Rate
Sheet.
1.5.5 Usage Shared Transport is biled on a MOU basis
as descnbed within this Attachment. Rates for "Shared
Transport Usage" or "Shared Transport MOUs" are provided
in the QLSP Rate Sheet.
1.6 QLSP Service Arrangement 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
this Agreement with an analog - 2 wire voice grade Loop
provided in accrdance with CLEC's I CAs, except for those
Loops that are otherwse provided for in this Agreement.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Services
include Centrex 21, Centrex Plus, and in Minnesota,
Centron, and are the combination of an analog Line Side
Port and Shared Transport provided under this Agreement
with an analog - 2 wire voice grade Loop provided in
accrdance with CLEC's ICAs, except for those Loops that
are otherwse provided for in this Agreement.
1.6.2.1 CLEC may request a conversion from Centrex
21, centrex-Plus or Centron service to QLSP Business or
QLSP Residential. The Conversion NRC(s) provided in
the Rate Sheet will apply.
1.6.2.2 Qwest will provide access to Customer
Management System (CMS) with QLSP-Centrex at the
rates set forth in the Rate Sheet.
1.6.3 QLSP ISDN BRI is available to CLEC for CLEC's
End User Customers and is the combination of a Digital Line
Side Port (supportng BRI ISDN), and Shared Transport
provided under this Agreement with a Basic Rate ISDN
capable Loop provided in accrdance with CLEC's ICAs,
except for those Loops that are otherwse provided for in
this Agreement.
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 this Agreement with an analog - 2 wire
voice grade Loop provided in accrdance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in this Agreement.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trnk Port and Shared Transport
provided under this Agreement with an Analog - 2 wire
voice grade Loop provided in accrdance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in this Agreement.
1.6.5.3 PBX with analog 2- way DID trunks are
combinations of a DID trnk Port and Shared Transport
provided under this 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 this 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
this Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except as
otherwse provided for in this 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 Qwsts retail tanff as applied to
Qwests End User Customers.
1.6.6.1 In order for CLEC to receive QLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must identify
residential end users by working telephone number
(WTN) utilzing the LSR process as descnbed in the
Qwest wholesale website.
2.0 Additional Terms and Conditions and Servce Features.
2.1 Qwest 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 otherwse restnct facilities 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.
2.2 Loop Start ("LPS") to Ground Start ("GST") and GST to
LST Changes ("LPS/GST Change") are available with
QLSP Service. POTS Service, e.g., a QLSP Centrex 21
line, can functionally and operationally be provisioned as
either LPS or GST. Unless specifically requested otherwse,
Qwst provisions POTS Service as LPS. GST is generally
provisioned for Pnvate 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 ordenng requirements are
detailed on the Qwst Wholesale website.
1.6.4 QLSP PAL is available to CLEC for onlyCLEC's
Payphone Service Providers (PSPs) and is the combination
of an analog Line Side Port and Shared Transport provided
under this Agreement with an analog - 2 wire voice grade
Loop provided in accrdance with CLEC's ICAs, except for
those Loops that are otherwse provided for in this
Agreement.
March 10, 2009lkcd/Greenflyl Attachment 2 - QLSPil - (v-9-24-08)
AZ-CDS-090309-0001; Co-CDS-090309-0002; ID-eDS-090309-0003; MN-CDS-090309-0004; NM-CDS-090309-0005;
ND-CDS-090309-0006; OR-CDS-090309-0007; UT-CDS-090309-0008; WA-CDS-090309-0009; WY-CDS-090309-010;
3
2.6
2.7
QWEST LOCAL SERVIES PLATFORM(ß AGREEMENT
ATTACHMENT 2-QLSP(ß Service Description
2.3
2.2.1 The Subsequent Order Charge provided in the
QLSP Rate Sheet and the Qwest retail Tariff nonrecurring
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, will be added to service order
requesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwest will provide to CLEC
certain originating and terminating call records ("usage
information") generated by CLEC's QLSP end user via a
DUF.
charges for suc new local switc features will not in any
case be higher than the retail rate Qwest charges.
2.8 Nothing in this Agreement alters or affects CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
2.3.1 Qwest will provide to CLEC Local Call usage
information within Qwests control with respect to calls
originated by or terminated to CLEC QLSP End User
Customers in the form of the actual information that is
comparable to the information Qwest uses to bil its own End
User Customers.
2.3.2 Qwest will provide to CLEC usage information
necessary for CLEC to bil for interLATA and intra LATA
exchange access to the IXC (excluding intraLATA usage
information if Qwest LPIC 5123 is selected as the intraLATA
Toll provider) in the form of either the actual usage or a
negotiated or approved surrogate for this information, as
such biling is descrbed and allowed under section 3.7 of
this Attachment. These exchange access records will be
provided as Category 11 EMI records via the DUF.
2.3.3 Qwest will provide DUF records for the following:
all usage occurrences bilable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrpt (BLI);
originating local usage; usage sensitive CLASS features;
and Qwest-provided intra LATA 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 collected or
available and will not be provided.
2.4 Feature and interLATA or intraLATA PiC changes or
additions for QLSP, will be processed concurrently with the
QLSP order as specified by CLEC.
2.9 Qwest Operator Service and Directory Assistance Services
are provided under the terms and conditions of CLEC's
ICAs.
2.5 Accss to 911/E911 emergency Servces for CLEC's End
User Customers will be available in accrdance with CLEC's
I CAs. If Qwest is no longer obligated to provide access to
911/E911 emergency services in accrdance with 47 U.S.C.
§251 , Qwest will then provide such services under this
Agreement with respect to all CLEC QLSP Service End User
Customers and new QLSP Service End User Customers, to
the same degree and extent that 911/E911 emergency
service were provided by Qwest prior to the elimination of
911/E911 emergency services as an obligation under 47
U.S.C. §251.
3.0 Rates and Charges.
Qwest AIN 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.
If Qwest develops and deploys new local switch features for
its End User Customers, those switch features will be
available in the same areas and subject to the same
limitations with QLSP Service. The rates that Qwest
3.1 The recurring ("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 Service are in addition to the applicale 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. Startng on the
Effecive Date of the Agreement, rates for the Service will be
those provided or referenced in the attached Rate Sheet.
The MRCs for the switch port will be adjusted annually,
effective January 1 of each year through the term of the
Agreement. CLEC is eligible for and will receive discounts
on the Basic Plan switch port MRCs if it meets the volume
plans described below. Discounts are not cumulative and
Qwest will apply the highest discount rate to which CLEC is
entitled. Basic Plan MRCs will apply if CLEC does not
qualify for any discount.
3.2.1 80% Year Over Year ("YOY") Volume
Retention Plan: If the number of CLEC's QLSP total
lines (Working Telephone Numbers (WNsl) as of
October 31 of each year equals or exceeds 80% of the
sum of CLEC's QLSP total lines as of Octber 31 of the
preceing year, CLEC will be entitled to a 5% discount
off of the Business Port and a 1 % discount off of the
Residential Port MRCs applicable during the next
calendar year.
3.2.2 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
preceing year, CLEC will be entitled to a 10% discount
off of the Business Port and a 2% discount off of the
Residential Port MRCs applicable during the next
calendar year.
3.2.3 110% YOY Volume Growh Plan: If the
number of CLEC's QLSP total lines as of October 31 of
each year equals or exceeds 110% of the sum of
CLEC's total QLSP lines as of October 31 of the
preceing year, and the YOY line increase is equal to
or greater than tw thousand (2000) QLSP lines, CLEC
will be entiled to a 20% discount off of the Business
Port and a 4% discount off of the Residential Port
MRCs applicable during the next calendar year.
March 10, 2009/kcd/Greenfly/ Attachment 2 ~ QLSP(ß - (v-9-24-08)
AZ-eDS-090309-0001; Co-CDS-090309-0002; ID-CDS-090309-0003; MN-CDS-090309-0004; NM-CDS-090309-0005;
ND-CDS-Q90309-0006; OR-eDS-090309-0007; UT-CDS-090309-0008; WA-CDS-090309-0009; WY-CDS-090309-0010;
4
3.6
3.7
QWEST LOCAL SERVICES PLATFORM¡ß AGREEMENT
ATTACHMENT 2-QLSP¡ß Service Description
3.3
3.2.4 120% YOY Volume Growth Plan: If the
number of CLEC's total QLSP lines as of October 31 of
each year equals or exceeds 120% of the sum of
CLEC's total QLSP lines as of October 31 of the
preceding year, and the YOY line increase is equal to
or greater than tw thousand (2000) QLSP lines, CLEC
will be entitled to a 30% discount off of the Business
Port and a 6% discount off of the Residential Port
MRCs applicable during the next calendar year.
3.2.5 135% YOY Volume Growh Plan: If the
number of CLEC's total QLSP lines as of October 31 of
each year equals or exceeds 135% of the sum of
CLEC's QLSP total lines as of October 31 of the
preceding year and the YOY line increase is equal to or
greater than tw thousand (2000) QLSP lines, CLEC
will be entitled to a 35% discount off of the Business
Port and a 8% discount off of the Residential Port
MRCs applicable during the next calendar year.
For purposes of counting CLEC's total QLSP lines in section
3.2 as of October 31 of each year, Qwst will include all
QLSP lines and all Qwest Platform Plus™ ("QPPTM") lines, if
any, frm the previous year. For example, to determine
2008 QLSP rates, Qwest will use the total number of CLEC's
QLSP lines as of October 31, 2007 compared to CLEC's
total number of QLSP lines as of October 31, 2006 in order
to calculate CLEC's discount eligibilty on January 1, 2008.
Except as otherwse provided here within, the Loop element
combined with a QLSP Service will be provided in
accordance with CLEC's ICAs with Qwest at the rates set
forth in those ICAs.
3.8.1 Originating IntraOfce Local Calls - This
originating Local Call requires switching by the local serving
Qwest end offce Switch only. When this call type is
onginated by a QLSP End User, Local Switch Usage
charges provided in the QLSP Rate Sheet will apply. For
these call types that also terminate to an end user served by
a Carner, Qwest may pay that Carrer certin terminating
compensation charges under terms and conditions of a
separate ICA.
3.7.2 Signaling. Qwest retains its nghts 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 intraLATA
Toll Calls originated by or terminated to a QLSP End User
under the applicable Tariff.
3.7.3 Transit. For any call originated by an end user
served by a Carrer that routes through Qwsts netwrk and
which terminates to a QLSP End User, Qwest retains its
nghts to bil the onginating Carrier Transit charges for that
call under the onginating Carrer's Agreement.
3.7.4 Other. Qwest retains its rights to billXCs or other
Carriers, as applicable, any and all other accs charges
and assessments not expressly addressed in this section,
including but not limited to flat rated transport charges, in
accrdance with the applicable Tariff
3.8 Local Switching Usage and Shared Transport Minute of
Use (MOU) This secion descnbes the use of the Qwest
netwrk for different call types onginated by or terminated to
QLSP End Users. This secton does not effect Qwsts
nghts to charge IXCs for signaling as descnbed in Secion
1.4.2 of this Attachment.
3.4
3.4.1 Loops provided under this Agreement. Upon
thirt (30) Days notice via the standard commercial
notification process, Qwest may change monthly recurnng
charges for the Omaha, Nebraska Loop elements provided
under this Agreement.
3.5
3.8.2 Originating InterOce Local Calls. This
onginating Local Call requires switching by the local serving
Qwest end offce and other interoffce switching for Local
traffc. When this call type is onginated 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, Qwst may pay that Carrer certin
terminating compensation charges under terms and
conditions of a separate ICA
CLEC will be responsible for billng its QLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statute, regulation or otherwse
required.
CLEC will pay Qwest the PIC change charge associated with
CLEC End User Customer changes of interLATA or
intra LATA Carrers. Any change in CLEC's End User
Customers' interLATA or intr LATA Carrer must be
requested by CLEC on behalf of its End User Customer.
Intercarrier Compensation. Except as specfically
described in this Section, this Agreement does not change or
amend applicable intercarrer compensation arrangements
(including but not limited to Switched Accs, Signaling, orTransit charges) between any parties, including between
Qwest and Carriers or IXCs.
3.8.3 Originating IXC Toll Calls. This onginating Toll
Call requires switching by the local serving Qwest end offce.
If the QLSP End User's selected IXC does not have direct
trunking to the locl serving Qwest end offce, Shared
Transport is required to deliver that call to the Accss
Tandem for delivery to the IXC. When this call type is
onginated by a QLSP end user, Local Switch Usage
provided in the QLSP Rate Sheet applies. Additionally if,
Shared Transport is necessary to deliver the call to the
Accss Tandem, Shared Transport Usage charges provided
in the QLSP Rate Sheet will apply. For these call tyes that
require Shared Transport, Qwest retains its nghts to bil the
IXC for Tandem elements under the Tanff.
3.7.1 Switched Access. For QLSP End User
Customer(s), Qwest 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 Offce
Shared Port, Tandem Transmission and Carrer Common
Line) for InterLATA or IntrLATA Toll Calls onginating or
terminating from that QLSP End User Customer's line to an
IXC.
March 10, 2009/kcd/Greenflyl Attchment 2 - QLSP¡ß " (v-9-24-08)AZ-CDS-090309-0001; CO-CDS-090309-0002; ID-CDS-090309-0003; MN-CDS-090309-0004; NM-CDS-090309-0005;
ND-CDS-090309-0006; OR-CDS-090309-0007; UT-CDS-090309-0008; WA-CDS-090309-0009; WY-CDS-090309-0010;
3.8.4 Terminating IntraOfce and InterOce Local
Calls. This terminating Local Call requires switching by the
5
3.10
3.11
4.0
4.1
4.2
4.3
QWEST LOCAL SERVICES PLATFORMq¡ AGREEMENT
ATTACHMENT 2-QLSPq¡ Service Description
local serving Qwest end offce and in certain instances other
interoffce switching within the Local Callng area. When a
call is terminated to a QLSP end user, no charges will apply
under QLSP. For these call types that originate frm an end
user served by a Carrier, Qwest retains its rights to bil that
Carrier certain Transit charges as described in Section 3.7
above.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
Call always requires switching by the local serving Qwest
end offce. If the originating caller's IXC does not have direc
trunking to the QLSP end user's local serving Qwest end
offce switch, Shared Transport is required to terminate the
call to the receiving QLSP end user. When this call type is
terminated to a QLSP end user, Local Switch Usage
charges provided in the Rate Sheet will apply. Additionally
if, Shared Transport is necesary to deliver the call to the
QLSP end user from the access tandem, Shared Transport
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, Owest retains
its rights to bil the IXC for Tandem elements under the
Tariff.
3.8.6 Originating Toll Calls when QC is the
IntraLATA Toll provider. See Secion 1.5.4 above.
3.9 Owest will have a reasonable amount of time to implement
system or other changes necesary to bil CLEC for rates or
charges associated with QLSP Services
7.0
7.1
7.2
Customer's request, orders the discontinuance of the End
User Customer's existing service with CLEC, Qwest will
render its closing bil to CLEC effective with the
disconnection. Owest wil notify CLEC by FAX, OSS
interfce, or other agreed upon processes when an End
User Customer moves to Qwest or another service provider.
Owest will not provide CLEC or Qwest retail personnel with
the name of the other servce 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.
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 Service 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.
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 or Servce, denying or restoring
servce, adding, removing or changing features, and other
similar requests.
Systems and Interfaces.
Owest and CLEC will support use of current OSS interces
and OSS business rules for QLSP, including electronic
ordering and flow, as the same may evolve over time.
QLSP Servces are ordered utilzing the LSR process as
descrbed in the Qwest wholesale website.
Prior to placing an order on behalf of each End User
Customer, CLEC will be responsible for obtaining and have
in its possession a Proof of Authorization as set forth in this
Agreement.
5.0 Qwst will bil CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Biling period, in an
agreed upon standard electronic format. Billng information
will include a summary bil, and individual End User
Customer sub-accunt information. If CLEC needs
additional or different billing information in order to properly
bil its End Users or other Carriers (including Owest), Qwst
will work with CLEC in good faith to deliver such information.
6.0
6.1
Maintenance and Repair.
Owest will maintain facilties and equipment that comprise
the QLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Owest facilities or equipment, other than by
connection or disconnection to any interfce between Qwest
and the End User Customer, without the wrtten consent of
Qwest.
6.2 Owest will provide general repair and maintenance Services
on its facilities, including those facilities supportng QLSP
Services purchased by CLEC. Owest will repair and restore
any equipment or any other maintainable component that
adversely impacts CLEC's use of QLSP Service. Owest and
CLEC will cooperate with each other to implement
procedures and processes for handling service-affecting
events. There will be no charge for the Service provided
under this section except as set forth in the Rate Sheet.
Commercial Performance Measures and Reporting,
Performance Targets and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
indicaed on Signature Page).
Each Part will provide suitably qualified personnel to
perform its obligations under this Agreement and all QLSP
Services in a timely and effcient manner with diligence and
care, consistent with the professional standards of practice
in the industr, and in conformance with all Applicable Laws
and regulations. The QLSP Servce attbutes and process
enhancements are not subject to the Change Management
Process ("CMP"). CLEC proposed changes to QLSP
Service attbutes and process enhancements will be
communicated through the standard accunt interface.
Change requests common to shared systems and processes
subject to CMP will continue to be addressed via the CMP
proceures.
Owest will provide comercial performance measurements
and reporting against established performance targets with
QLSP Service. The following performance measurements4.4 When Owest or another provider of choice, at the End User
March 10, 2009/kcd/Greenflyl Attachment 2 - QLSPq¡ - (v-9-24-08)
AZ-CDS-090309-0001; Co-CDS-090309-0002; ID-CDS-090309-0003; MN-CDS-090309-0004; NM-CDS-u90309-0005;
ND-CDS-090309-0006; OR-CDS-090309-0007; UT -CDS-090309-0008; WA-CDS-090309-0009; WY -GDS-090309-001 0;
6
. QWEST LOCAL SERVICES PLATFORMiß AGREEMENT
ATTACHMENT 2--LSPiß Service Description
will apply to QLSP Residential and QLSP Business: (a) Firm
Order Confirmations (FOCs) On Time; (b) Installation
Commitments Met; (c) Order Installation Interval; (d) Out of
Service Cleared within 24 Hours; (e) Mean Time to Restore;
and (f)Trouble Rate.
7.3 Commercial measurement definitions, methodologies,
perfrmance targets and reporting requirements are
attached as Attchment 3. Qwest will provide CLEC with the
raw data necessary to allow CLEC to disaggregate results at
the state leveL. Reportng of these perfrmance measures
will be applied for activity beginning the first full month of
Service after January 1, 2007.
CLEC will be entitled to service credits only for each
instance of a missed installation commitment and each
instance of an out of service condition that is not cleared
within 24 hours occurring after January 1, 2007. All service
credits will be applied automatically by Qwest as credit
against CLEC's bil for the biling period following the one in
which the credits were accrued. Credits for Services
provided under this Agreement will be applied for activity
beginning the first full month after January 1, 2007. Any
credits or payments related to the Services provided prior to
the first full month following January 1, 2007 and in
accrdance with to CMP, PID, PAP or all other wholesale
service quality standards will no longer be applied beginning
the first full month after January 1, 2007.
7.4.1 Installation Commitments Met. For each
installation commitment that Qwest, through its own
fault, fails to meet, Qwest will provide a service credit
equal to 100% of the nonrecurrng charge for that
installation. Qwest will use the state installation
nonrecurring charge contained in this Agreement for
that order tye in calculating the credit. The definition
of a "missed installation commitmenl and the
associated exclusions are descrbed in Attachment 3.
8.4
8.5
Measures and Reportng, Performnce Targets and Servce
Credits terms and conditions for Services provided under
this Agreement outlined in Section 7.0 ofthis Agreement.
8.2 The PIDs and PAP for Washington in their current form are
posted in the Qwest Wholesale PCAT, currently called
Negotiations Template Agreement PCAT, under Exhibit B
and Exhibit K for Washington, respectively. Those PIDs and
that PAP are incorporated by reference into, and made a
part of, this Agreement. Subsequent changes to the PIDs or
PAP submitted to the WUTC will be incorprated into the
applicable exhibit as soon as they are effectve either by
operation of law or WUTC order, whichever occurs first and
without further amendment to this Agreement.7.4
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Qwest, through its
own fault, fails to resolve within 24 hours, Qwest will
provide a service credit equal to one day's recurrng
charge (monthly recurrng charge divided by 30) for
each day out of service beyond the first 24 hours. (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEC will be entiled 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 tw times the monthly recurrng charge
divided by 30).
8.3 To selec the Service Performance Measures and Reporting
and Performance Assurance Plan (PID/PAP) option, CLEC
must be a certified CLEC under applicable state rules and
have elected the PID and PAP under its Washington
interconnection agreement with Qwest.
Eligible QLSP Services will be included in the UNE-P PAP
results beginning the first full month following Agreement
execution.
Notwthstanding the dispute resolution provisions in the
Agreement, the Partes will resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution process described in the PAP.
8.0 Service Penonnance Measures and Reporting and
Penormance Assurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selected by CLEC as indicated
on Signature Page).
8.1 If selected by CLEC under the terms and conditions of this
Agreement, Qwest will, in Washington only, provide
perfrmance measurements, reporting, and remedies
compliant with the Washington Performance Indicator
Definitions ("PIDs") and the Qwest Washington Perfrmance
Assurance Plan ("PAP") for the Services, if eligible, provided
under this Agreement. Only in the state of Washington, and
only if expressly selected by CLEC under the terms and
conditions of this Agreement, does this PID and PAP
replace, in their entirety, the Commercial Performance
March 10, 2009Ikcd/Greenfly/ Attachment 2 - QLSPiß - (v-9-24-08)
AZ-CDS-090309-0001; Co-CDS-090309-0002; ID-CDS-090309-0003; MN-CDS-090309-0004; NM-CDS-090309-0005;
ND-CDS-090309-0006; OR-CDS-090309-0007; UT-CDS-090309-008; WA-CDS-090309-0009; WY-CDS-090309-0010;
7
ATTACHMENT 3
Performance Targets for Qwest QLSpTM Service
March 10, 2009lkcd/Greenflyl ATIACH 3 Perfnnance Targets for Qwt QLSp™ Servce
AZ-eOS-090309-0001; CO-COS-090309-0002; ID-COS-090309-003; MN-eOS-090309-000; NM-COS-090309-0005;
ND-eOS-090309-006; OR-eOS-090309-0007; UT-COS-090309-0008; WA-COS-090309-009; WY -eOS-090309-001 0;
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
soecified 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 throughlMA-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 (notifcation date and time).
· For FOC-1 B, the interval measured is the period between the application date and time, as defined
herein, and Qwests response with a FOC notification (notification date and time).
· "Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC.
· "Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EDI and involve manual
processing.
· LSRs 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: Regionalleve!.
Individual CLEC . FOC-1A: FOCs provided for fully electronic LSRs received via IMA-
GUI or IMA-EDI
FOC-1 B: FOCs provided for electronic/manual LSRs received via
IMA-GUI or IMA-EDI
Formula:
FOC-1A = t(Count of LSRs for which the original FOC's "(FOC Notifcation Date & Time) - (LSR
received date/time (based on scheduled up time))" is within 20 minutesJ + (Total Number of
original FOC Notifcations transmitted for the service category in the reporting periodH x 100
FOC-1 B = t(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 involvedl + (Total
Number of original FOC Notifcations transmitted for the service category in the reporting
periodH x 100
Page 2
Exclusions:.LSRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the
"Performance Targets" section below, or service/request types, deemed to be projects..Hours on Weekends and holidays. (Except for FOC-1A, which only excludes hours outside the
scheduled system up time.).LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the measure definition..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to
disallow duplicate LSR #'s.).Invalid startstop dates/times.
Product Reporting:Performance Target:
FOC-1A 95% within 20 minutes
QLSP-POTS
FOC-1B 95% within standard FOC
intervals (specified below)
Standard FOC Intervals
Product Group NOTE 1 FOC
Interval
QLSP-POTS (1-39 lines) FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
Performance wil be measured
beginning the first full month of
QLSP service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
oroduct type are considered ICB.
Page 3
ICM-1 - Installation Commitments Met
Purpose:
Evaluates the extent to which Owest installs services for Customers bv the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
· All inward orders (Change, New, and Transfer order types) assigned a due date by Owest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all Corders
representing inward activity (with "i" and "T" action coded line USOCs). Also included are orders with
customer-requested due dates longer than the standard intervaL.
· Completion date on or before the Applicable Due Date recorded by Owest is counted as a met
due date. The Applicable Due Date is the original due date or, if changed or delayed by the
customer, the most recently revised due date, subject to the following: If Owest changes a due
date for Owest 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 Owest-initiated, changed due date, if
any.
Reporting Period: One month ì Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported accrding to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1 B No dispatches.
· Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported accrding to installations:
ICM-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) + (Total Orders
Completed in the Reporting Period)) x 100
Exclusions:
· Disconnect, From (another form of disconnect) and Record order types.
· Due dates missed for standard categories of customer and non-Owest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-Owest reasons are: Weather, Disaster, and Work Stoppage.
· Records involving official company services.
· Records with invalid due dates or application dates.
· Records with invalid completion dates.
· Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the measure definition.
Page 4
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).
PageS
011-1 - Order Installation Interval
Purpose:
Evaluates the timeliness of Qwests installation of services for CLECs, focusing on the average time to
install service.
Description:
Measures the average interval (in business days) between the application date and the completion
date for service orders accepted and implemented.
· Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
· Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
· The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date 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 any, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE
Reporting Period: One month T Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSA); and
011-1 B No dispatches.
· Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
01l-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
i:((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date
and the Applicable Date) - (Time intervals associated with CLEC-initiated due date changes or delays
occurring after the Applicable Due Date)) + Total Number of Orders Completed in the reporting period
Explanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business days) by total number of service orders completed in the reporting period.
Exclusions:
· Orders with CLEC requested due dates greater than the current standard intervaL.
· Disconnect, From (another form of disconnect) and Record order types.
· Records involving offcial company services.
· Records with invalid due dates or application dates.
· Records with invalid completion dates.
· Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the measure definition.
· Orders involving individual case basis (ICB) handling based on quantities of lines or orders
deemed to be projects.
Page 6
Zone-T e-
Peñormance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
6 Days
3.5 Days
Availabilty:
Performance wil be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
Notes:
1. According to this definition, the Applicable Due Date can
change, per succssive CLEC-initiated due date changes or
delays, up to the point when a Qwest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(Le., with no further changes) as the date on which it was set
prior to the first Qwest-initiated due date change, if any.
Following the first Qwest-initiated due date change, any further
CLEC-initiated due date changes or delays are measured as
time intervals that are subtracted as indicated in the formula.
These delay time intervals are calculated as stated in the
description. (Though infrequent, in cases where multiple
Qwest-initiated due date changes occur, the stated method for
calculating delay intervals is applied to each pair of Qwest-
initiated due date change and subsequent CLEC-initiated due
date change or delay. The intervals thus calculated from each
pairing of Qwest and CLEC-initiated due dates are summed
and then subtracted as indicated in the formula.) The result of
this approach is that Qwest-initiated impacts on intervals are
counted in the reported interval, and CLEC-initiated impacts on
intervals are not counted in the reported intervaL.
Page 7
00S24.1 . Out of Service Cleared within 24 Hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (Le., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
· Includes all trouble reports, closed during the reporting period, which involve a specified
service that is out-of-service (Le., unable to place or receive calls), subject to exclusions
specified below.
· Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
00S24-1A Dispatches (Includes within MSA and outside MSA); and
00S24-1 B No dispatches.
· Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported accrding to installations:
00S24-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) I (Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100
Exclusions:
· Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit
Found OK, and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer
Instruction, Carrier, Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test
o K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
· Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
· Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type Disaggregation".
· For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
· Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
· Records involving official company services.
· Records with invalid trouble receipt dates.
· Records with invalid cleared or closed dates.
· Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the measure definition.
Page 8
Product Reportina:Penormance Taraets:
MSA-Tvoe-.QLSP POTS Dispatch and Non-Dispatch 190%
Zone-Tvne-
Availabilty:Notes:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
Page 9
MTIR-1 - Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusinQ how 10nQ 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 product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
MTIR-1A Dispatches (Includes within MSA and outside MSA); and
MTIR-1 B No dispatches.
· Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
MTIR-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
I((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) .. (Total number of
Trouble Reports closed in the reporting period)
Exclusions:
· Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the
Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0
K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
· Subsequent trouble reports of any trouble before the original trouble report is closed.
· Information tickets generated for internal Owest system/network monitoring purposes.
· Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type Disaggregation".
· For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
· Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
· Records involving official company services.
· Records with invalid trouble receipt dates.
· Records with invalid cleared or closed dates.
· Records with invalid product codes.
· Records missinQ data essential to the calculation of the measurement per the measure definition.
Page 10
Product ReDortina:Penormance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-Tvne -.
Availabilty:Notes:
Performance wil be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
Page 11
TR-1 - Trouble Rate
Purpose:
Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or
element.
Description:
Measures trouble reports by product and compares them to the number of lines in service.
· Includes all trouble reports closed during the reporting period, subject to exclusions specified
below.
· Includes all applicable trouble reports, including those that are out of service and those that are
only service-affectinQ.
Reporting Period: One month Unit of Measure: Percent
Reporting Individual 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 (Workforce Administration) data (products listed for Zone-
type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrier Action (IEC) and Customer Provided Equipment (CPE).
· Subsequent trouble reports of any trouble before the original trouble report is closed.
· Information tickets generated for internal Qwest system/network monitoring purposes.
· Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type".
· For products measured from MT AS data (products listed for MSA-type, trouble reports involving a
"no access" delay.)
· Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
· Records involving official company services.
· Records with invalid trouble receipt dates.
· Records with invalid cleared or closed dates.
· Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the measure definition.
Page 12
Product Reporting:Penormance Target:
MSAType:.QLSP-POTS Diagnostic
Zone TVDe: .
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
Page 13
Qwest Local Services Platform TM (QLSpTU) Rate Page - Idaho
J 1 200 h h'i *
109.8 Shared Transnnrt Purchased As Part of LSpTM
109.8.1 OLSplM Residential Business and PAL in ID-S Per MOU 0.0011100109.8.2 OLSplM Centrex ISDN BRI PAL in ID-N and PBX Analoa Trunks (Per lineltnkl UGUST $0.35
109.11 Locl Swlthlnn Purchased As Part of QLSpTM
109.11.1 Port Basic Plan
109.11.1.1 Analon Port $6.21
109.11.1.2 Residential end user credit LAWUR $3.07 1
109.11.1.3 Effectve LSplM Residentil Analoa Port $3.14 1
109.11.1.4 Di ital Port Sunnortnn BRI ISDNI 17.40
109.11.1.5 PBX DID Port 7.30
109.11.Port If 80% YOY Volume Rettion Plan Rsoulrements Are Met
109.11.2.1 Analon Port 5.90
109.11.2.2 Analon Port Residential end user crdi LAWUR 2.79 1
109.11.2.3 Effecve OLSplM Residential Analnn Port 3.11 1109.11.2.4 Di ital Port Sunnortna BRI ISDNl 17.40
109.11.2.5 PBX DID Port 7.30
109.11.3 Port If 90% YOY Volume Retenti Plan R""ulrem"- Are Met
109.11.3.1 Analnn Port $5.59
109.11.3.2 Analnn Port Residential end user credit LAWUR $2.51 1
109.11.3.3 Effecve OLSplM Residential Analon Port 3.08 1
109.11.3.4 Diaitl Port Sunnortnn BRIISDNI 17.40ina.ll.3.5 PBX DID Port 7.30
109.11.Port If 110% YOY Volume Grow Plan Reaulrement Are Met
109.11.4.1 Analoa Port $4.97
109.11.4.2 Analon Port Residential end user credit LAWUR 1.95 1
109.11.4.3 Effectve OLSplM Residental Analon Port 3.01 1
109.11.4.4 Di ital Port Suaoortna BRI ISDNl 17.40
109.11.4.5 PBX DID Port 7.30
109.11.5 Por If 120% YOY Volume Grow Plan R..ulrement Are Met
109.11.5.1 Analon Port $4.35
109.11.5.2 Analoa Port Re idential end user credit LAWUR 1.40 1
109.11.5.3 Effecive 0LSplM Residential An.lnn Port 2.95 1
109.11.5.4 Di ital Por Suooortna BRI ISDNl 17.4C
109.11.5.5 PBX DID Port 7.30
109.11.6 Port If 135% YOY Volume Gr- Plan R"""lrements Are Met
109.11.6.1 Analon Port $4.04
109.11.6.2 Analnn Port Reidental end user creit LAWUR 1.15 1
109.11.6.3 Effve QLSplM Residential Analoa Port 2.89 1
109.11.6.4 Dinitl Port Sunnortnn BRIISDNI 17.40
109.11.6.5 PBX DID Port 7.30
109.11.7 Local Switch Usane
109.11.7.1 OLSplM Residential. Busines, and PAL in ID-S (Per MOUI !G0.001343
109.11.7.2 0LSpTM Centrex ISDN BRI PAL in ID-N and PBX Analoa Trunks Per LinelTrunkl UGUFM $1.3
109.11.8 Switch Features 2
109.11.8.1 Account Codes - ner S""em AZPS "n.41
109.11.8.2 Attendant A..ess Line. oer Station Line DZR !Gl.12
109.11.8.3 Audible Mesage Waitng MGN,$0.98Iv
109.11.8.4 Auorization Codes - ner S""tem AFYS !G231.08
109.11.8.5 Aumati Lin"ETPB $0.33
109.11.8.6 Automatic Route Selecton - Common Eauinment ner S""em F5GPG !G? 015.21
109.11.8.7 Call Dron FIDONLY $0.23
109.11.8.8 Call Exclusion - Automatic NX $0.70
ISDNI
109.11.8.9 Call Exclusion - Manual NA-FID $0.46
IDSNI
in9.11.8.10 Call Fo""rdina Busv Line - Incomina Onlv 69B1X !G?O.A"l
109.11.8.11 Call Forwrdinn Don1 Answr Incominn Onlv 69A "20.63
109.11.8.12 Call Forwrdinn: Busv Line I Don't Answr Proarammable Service Estblishment SEPFA !Gll.27
109.11.8.13 Call Forwrding: Don't Answer I Call Forwrding Busy Customer Programmable, per Line FSW $0.62
109.11.8.14 Call Waitina Indication - oer Timina State WUT !G.70
109.11.8.15 Centrx Common Equipment HYE,HYS $1,370.25
109.11.8.16 CLA-Call Trace PerOccurrence NOUSOC 1.43
109.11.8.17 CLAS - Continuous Redial NSS 1.28109.11.8.18 CLAS-LastCallRetum NSQ 1.29
109.11.8.19 CLAS - ProriCalina NSK 1.21
109.11.8.20 CLAS. Selecve Call Forwrdinn NCE 1.28
109.11.8.21 CLAS - Selecve Call Rejecon FKQPN,$1.21
NSY
109.11.8.22 Direc Station Selecon I Busv Lamo Reid. oer Aranaement BUD 0.24
109.11.8.23 Directed Call Pickunwi Barna-in 6MD 13.01
109.11.8.24 Direct Call Pickuo without Barae-in 69D 13.A7
109.11.8.25 Distinctve R1nnJrslnctve Call Waitino RNN 27.74
109.11.8.26 Exoensive Route Wamina Tone. oer S""tem AQWPS 9.48
109.11.8.27 Groun Intercom GCN $0.31
109.11.8.28 Hot Line. oer Line HLN HLA 1.05
109.11.8.29 H ntinn: Multnosition Hunto,'euina MH5 29.25
109.11.8.30 Huntina: Multioositin with Announcement in C ueue MHW 31.72
109.11.8.31 Huntinn: Multinostin with Music in Queue MOHPS 28.04
109.11.8.32 ISDN Shart Hunt NHGPG.$1.17
NHGPN
109.11.8.33 Loud~neaker Paaina. oer Trunk Grouo PTQPG !G18"l.60
Qw Local Services Platform lM Agreement QLSplM Rate Sheet-Vl.2.3 04.11.08
Qwest Local Servces Platform TM (QLSpTM) Rate Page. IdahoJ 1200h hT *anua 7t rou erm
109.11.8.34 Make Busy Arangements, per Group NJÆX,$0.53
P89
109.11.8.35 Make Busv Arrannements. oer Line MB1 $0.53
109.11.8.36 Messaae Center oer Main Station Line MFR $0.31
109.11.8.37 Messane Waitinn Visual MV5 $0.31
109.11.8.38 Music On Hold. oer SvsAm MHHPS 20.75
109.11.8.39 PrivacvRelease K7KPK 0.42
109.11.8.40 Quervlime QT1PK 0.31
109.11.8.41 SMDR-P-Archived Data SR7CX $170.75
109.11.8.42 SMDR-P - Service Establishment Charge, Inital Installation SEPSP,$323.33
SEPSR
109.11.8.43 Station Camo.(n Service ear Main Station CPK ~0.31
109.11.R.44 lime of Dav Control lor ARS. oef SYStem ATBPS 95.8
109.11.8.45 lime ofDav NCOS Uedate A4T 0.41
109.11.8.46 lime ofDav Routina. oer Line ATB .46
109.11.8.47 Trunk Vericatian from Deianated Station BVS 0.35
109.11.8.48 UCD in Hunt Grouo. oer Line MHM 0.64
109.11.8.49 PrAmlum Por Features. Additonal Charae g:2.08
109.11.8.49.1 CMS - SYStem EstablishmAnt- Initl Installation MBSXX 962.10
109.11.8.49.2 CMS - S""i.'m Establishment Subsauentlnstallation CPVO 81.05
109.11.8.49.3 CMS - Packel Control Canabiltv ner S""tem PTGPS 81.05
109.11.8.49.4 Conference Callna - Meet Me MJJPK 32.24
109.11.8.49.5 Conference Callna - Preset M09PK $32.24
109.11.8.49.6 Conference Callna - Station Dial (6-Wav\GVT $47.48
109.11.9 Oter
109.11.9.1 Custom Number
109.11.9.1.1 Idaho Nort See Applicable Qwt Retail 6
Tari, Catalog or Price List les
Discunt (which will be
provided pursant to term and
conditons in CLEC's ICA).
109.11.9.1.2 Idaho South See Applicable Qwt Retail 6
Tari, Catalog or Price Liles
Discunt (which will be
provided pursuant to terms and
condijions in CLEC's ICA).
109.11.9.2 PBX DID Comolex Translations Diail Ouloulsed Chan"" Sianalina $15.2
109.11.9.3 PBX DID Comelex Translations Sinnalinn Channe $35.5
109.11.9.4 PBX DID Block Comoromise $25.
109.11.9.5 PBX DID Groue of 20 Numbers $31.
109.11.9.6 PBX DID Reserve Seauentil # Block $25.
109.11.9.7 PBX DID Reserve NonsAnuenti i Telenhone Numbers $23.
109.11.9.8 PBX DID Nonseauential Teleohone Number $33.1
109.11.10 Subs..uent Order Charae NHCUU $12.17 4
109.11.11 Qwes CornnraUon (QCllntaLATA Toll LPIC 5123
109.11.11.1 Idaho Nort See Applicable Qwt RetaD 6
Tari, Calog or Price List les
Discunt (which will be
provided pursuant to terms and
conditons in CLEC's ICA).
109.11.11.2 Idaho South See Applicable Qwt Retail 6
Tari, Catal09 or Price Lisles
Discunt (which will be
provided pursuant to terms and
conditons in CLEC's !CA).
109.20 Miscelaneos Charoes 5
109.20.1 Deslon . Nor
109.20.1.1 Maintenance of Service
109.20.1.1.1 Basic
109.20.1.1.1.1 Firs Increment MVXX ..
109.20.1.1.1.2 Each AddHinnal Incrment MV1X ..
109.20.1.1.2 Overtme
109.20.1.1.2.1 First Incrment MVOX H
109.20.1.1.2.2 Each Additonal Incrmet MV2X H
109.20.1.1.3 Premium
109.2n.1.1.3.1 First Incrment MVPX H
109.20.1.1.3.2 Each Additonal Increment MV3X H
109.20.1.2 Ootional Testina (Additional Labor
109.20.1.2.1 Basic First and i:"ch Additional Increment OTNBX H
109.20.1.2.2 Overtme Firs and Each Additional Increment OTNOX H
109.20.1.2.3 Premium Firs and Each Additonal Increment OTNPX H
109.20.1.3 Disnatch Additonal Disnatc - No trouble Iound)VT6DC ..
109.20.1.4 Disoatch lor Maintenance of Serice - No Trouble Found VT6DM ..
109.20.2 Deslon and Non-Deslon . Nor
109.20.2.1 Trin Chame - Premises Visit Chame SCO ..
109.20.2.2 Prmiss Work ChamA
109.20.2.2.1 Basic
109.20.2.2.1.1 Firs Increment HRD11 H
109.20.2.2.1.2 Each Additonal Increment HRDA1 H
Qwst Local Service Platfrm 1M Agreement QLSplM Rae Sheet-V1.2.3 04.11.08 2
Qwest Local Services Platform™ (QLSpTM) Rate Page -Idaho
J 1 200 h hT *anua 7t rou erm
109.20.2.2.2 Overtme
109.20.2.2.2.1 Firs Increment HRD12 -
109.20.2.2.2.2 Each Additional Increment HRDA2 -
109.20.2.2.3 Premium
109.20.2.2.3.1 Firs Increment HRD13 -
109.20.2.2.3.2 Each Additional Increment HRDA3 -
109.20.2.3 Netwrk Premises Work Charoe
109.20.2.3.1 Basic First Increment HRR11 ..
109.20.2.3.2 Basic Each Additional Increment HRRAl -
109.20.2.3.3 Overtme First Increment HRR12 -
109.202.3.4 Overtme Each Additional Increment HRRA ..
109.20.2.3.5 Premium First Incrment HRR13 -
109.20.2.3.6 Premium Each Additonal Increment HRRA -
109.20.2.4 DateChanoe VT6DC -
Desion Chanoe H28 -
Exnedite Charoe Per dav advanced EODDB -
Cancellation Charoe NoUSOC ICB
109.20.3 Non.Deslon . SouUl
109.20.3.1 Netwrk Premises Work Charoe
109.20.3.1.1 All Hours 1 st1 fi minutes HRH11 -
109.20.3.1.2 All Hours nex Ulree 15 minutes HRHA1 ..
109.20.3.1.3 All Hours ea andfl 15 minutes HRDAl ..
109.20.4 o-Ion . !In,,'h
109.20.4.1 Maintenance of Service
109.20.4.1.1 Basic
109.20.4.1.1.1 First Increment WWXX -
109.20.4.1.1.2 Each Additonal Increment WW1X -
109.20.4.1.2 Overtme
109.20.4.1.2.1 First Incrment WW X -
109.20.4.1.2.2 Each Additional Incrment WW2X -
109.20.4.1.3.1 Premium
109.20.4.1.3.1 First Incrment WWPX ..
109.20.4.1.3.2 Each Additonal Increment WW3X -
109.20.4.2 Ootional Testino (Additional Labor
1 Q9.20.4.2.1 Basic Firs and Each Additional Increment OTNBX ..
109.20.4.2.2 Overtme Firs and Each Additional Increment OTNOX ..
109.20.4.2.3 Premium First and Each Additonal Increment OTNPX ..
109.20.4.3 Disnatc Additonal Disnatch - No trouble found VT6DC ..
109.20.4.4 Disoatch for Maintenance of Service - No Trouble Found VT6DM -
109.20.4.5 Netwrk Premises Work Charoe
109.20.4.5.1 Basic
109.20.2.5.1.1 First Increment HRH11 -
109.20.2.5.1.2 Each Additional Increment HRHAl -
109.20.4.5.2 Overtme
109.20.2.5.2.1 First Increment HRH12 -
109.20.2.5.2.2 Each Additonal Increment HRHA ..
.
109.20.4.5.3 Premium
1n9.20.2.5.3.1 First Increment HRH13 ..
109.20.2.5.3.2 Each AdnRionallncrement HRHA -
109.20.5 Deslon and Non.Deslon . Sout
109.20.5.1 Trin ChamA - Premises Visit Charo NRTCY -
109.20.5.2 Premises Work Charoe
10Q.20.5.2.1 Basic
109.20.fi.2.1.1 First Increment HRDll -
109.20.5.2.1.2 Each Additional Increment HRDA1 ..
109.20.5.2.2 Overtme
109.20.5.2.2.1 First Increent HRD12 ..
109.20.5.2.2.2 Each Additonal Increment HRDA2 ..
109.20.5.2.3 Premium
109.20.5.2.3.1 Firs Increment HRD13 -
109.20.5.2.3.2 Each Additonal Increment HRDA3 ..
109.20.5.3 DateChanae VT6DC -
109.20.5.4 Deion Chanoe H28 -
109.20.5.5 ¡:ynedite Charoe. Per dav advance EODDB ..
109.20.5.6 Cancellation Charoe NoUSOC ICB
109.23 QLSP'" Instllaon and Conversion Nonrecurrno Char"" 'NRCs'
109.23.1 Converion Nonrecurrno Char""
109.23.1.1 QLSP'" Busines Cenex PAL and PBX Analon non.DlD Trunks Residetial
109.23.1.1.1 First Une Mechan;7..\URCCU 1.50
109.23.1.1.2 Each Additional Une 'Mechanized\URCCY 0.50
109.23.1.1.3 First Une Manual\URCCV 15.00
109.23.1.1.4 Each Additional Line lManualI URCCZ 3.00
10923.1.2 QLSP'" PBX DID Trunks
Ows! Local Services Platfrm 1M Agreement QLSp1M Rate Sheet-V1.2.3 04.11.08 3
109.23.1.3 LSpTM ISDN BR
109.23.1.3.1 First
109.23.1.3.2 Each Additonal
URCCU 0.66
.73
109.23.2 Installaton Nonrecurrin Char
109.23.2.1 LSpTM Busines Cenex PAL and PBX Anal non-DID Trunk Residetial
109.23.2.1.1 Firs Line Mechanized
109.23.2.1.2 Each Additonal Line Mechanized
109.23.2.1.3 Firs Line Manual
109.23.2.1.4 EachAdditonalLine Manual
NHCRA
NHCRC
NHCRB
NHCRD
50.00
18.00
75.00
2.00
109.23.2.2 LSpTM Anal DID PBX Trun 15.21
109.23.2.3 LSpTM ISDN-BRI 272.96
109.23.3 est AlN Features
109.23.3.1 Idaho North See Applicable Owt Retail 6
Tari, Catalog or Prce Listles
Discunt (Y.ich will be
provided pursuant to tes and
conditons in CLEC's ICA).
See Applicable Owt Retail 6
Tari, Catalog or Pri List les
Discount (Y.ich will be
provided pursuant to terms and
conditons in CLEC's ICA).
109.23.3.2 Idaho South
109.23.estVol e Mes In Servl
109.23.4.1 Idaho Nort See Applicable Owst Retail 6
Tari, Catalog or Price Listless
Discount (Y.ich will be
provided pursuant to terms and
coditions in CLEC's ICA).
Se Applicable Owst Retail 6
Tarif, Catalog or Prce Listles
Discount (Y.ich will be
provided pursuant to term and
conditions in CLEC's ICA).
109.23.4.2 Idaho South
112 o rational Su stes
112.1 Deeloments and Enhancements er Loal Service Re uest
112.2 On oin 0 erations er Local Service Re uest
112.3 Daily Usage Records File, per Record
All charges and increments
equal the comparable charges
and increments provided in the
Owt Wholesle PCAT.
Notes
Universal Service Order Codes (USOCs) have been provided in an effort to ease ~em description and USOC association wi charges. In the event USOCs are
inaccurate or are revised, Owst reserves the right to correc the Rate Sheet In the event of any signifcant change(s), noticaon will be provided via the standard
See Applicable Owst Retail Tari, CataloR or Prce List for all charRes and increments.
OLSP'" Business and Residential services utilize the same Class of Service and line Universal Service Order codes (USOCs). OLSP'" Residential service will be billed
at the Analog Port rate and only thos lines that specically qualif for and are identied as serving a residential end-user custer by the presence of the LAWUR
USOC will receive the Residential end user credit.
2 OLSP'" service includes nondiscriminatory accss to all vertcal swtch features that are loaded in Owsls End Ofce Swich. See the PCAT for all compatible and
available vertcal swtch features. Only vertcal swich features with Non-Recrrng, Recurrng, or Per Ocurrence charges are listed. Non-Recrrng charges are
applicable Y.enever a feature is added - Y.ether on n_ installation, coversion, or change order actvity. Those vertcal swtch features nollised have a rate of $0 fo
Monthly Recurrng, Non-Recurrng, or Per Occurrence charges.
3 Resrved for future use.
4 The Subsequent Order Charge is applicable on a per order basis Y.en changes are requested to exiting service, including changing a telephone number, initiating or
removing Suspension or Service, denying or restoring service, addin9, removing, or changing features, and other similar reuest.
5 OLSP'" ISDN BRI and PBX are "Deign'. Remaining OLSP'" service are "Non-Design". All charges and increments shall be the same as the comparable charges and
increments provided in Owt Retail Tarif, Catalogs, or Prce List and are subject to change based on changes in those underlying Owst Retail Tari, Catalogs, or
Prce Lists. In the event a rate change, notication will be provided via the standard noticat pross.
6 Where the service has been deemed to be a Telecmmunications Service, the Discount will be provided pursuant to CLEC's ICA. Where the service is not a
Telecommunications Service, the discunt will be 18%.
Owst Local Seric Platfrm lM Agrement OLSplM Rate Sheet-V1.2.3 04.11.08 4