20110121Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 96191
[phone]Facsimile [phone]
E
28\\ JAN" AM 9: 36 Qwest~
Spirit of Service~
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
January 7,2011
Jean Jewell, Secretar
Idaho Public Utilities Commission
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
Dear Ms. Jewell:
Enclosed for fiing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
Thank you for your
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr(g q west.com
,.c'
ifltl JAN l I AM 9= 38
iDAhC
UTILITIES
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
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public
Utilities Commssion on February 18,2009 (the "Agreement"). The Amendment with Oreenfly
Networks, Inc. dba Clearfly Communications is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commssion finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications 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 Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment wil enable Oreenfly to
APPLICATION FOR APPROY AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Greenfly Networks, Inc dba Clearfly Communications
QLSP Amendment
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearng.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other paries not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this ~day of January, 2011.
r cr ~
AdamL. Sh
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 2
Greenfly Networks, Inc dba Clearfly Communications
QLSP Amendment
CERTIFICATE OF SERVICE
I hereby certify that on this ~ day of January, 2011, 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 Commission
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, VP of Operations
P.O. Box 20009
Bilings, MT 59104
Hand Deli very
-L u. S. Mail
Overnight Delivery
Facsimile
vi\A
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Greenfly Networks, Inc dba Clearfly Communications
QLSP Amendment
;tt
l DocuSign Envelope 10: 5E0674B6-1 E89-4A20-B066-OA 1 OE5FBOA 14
"- !.QWEST LOCAL SERVICES PLATFORM 1M AGREEMENT
"'inn JUI 1.1uli ,,11 Ali 9= 38
This Owest Local Services Platform™ ("OLSpTM") Agreement, together with the Attachments hereto and Rat~;S~,rJl ;J.l ..'"
incorporated herein by reference ("Agreement') is between Qwest Corporation ("Qwest"), a Colorado c" :;,¡lJ\ (" 'H :,~' 'JHe
Greenfly Networks, Inc. dba Clearfy Communications ("CLEC"), a Nevada corporation, (each identified'fo~ æs Òf'j,";"''-'' ;,',:
this Agreement in the signature blocks below, and referred to separately as a "Part or collectively as the "Parties"). The
undersigned Parties have read and agree to the terms and conditions set forth in this Agreement.
Qwest Corporation:
£05E9FC6B06745"':J,lr~_BY:¡i.".~ ii i. T i;~I'"
Name: L. T. Christensen
Title: Director - Wholesale Contracts
Date: 12/8/2010
Greenfly Networks, Inc. dba Clearfy Communications:
-f20D3D2BCC144D1"'J
r_~~.BY:cti611lied BlI. lim Bi.
Name: Tim Dodge
Title: Vice President
Date: 12/8/2010
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director - Interconnection Agreements
1801 California Street, 24th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagreeCâgwest.com
With copy to:
Owest Law Department
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectionCâgwest.com~
. Tim Dodge, VP of Operations
P.O. Box 20009
Bilings. MT 59104
Phone: [phone]
Fax: [phone]
E-mail: timCâclearfy.net
Physical Address for overnights:
222 North 32nd, Suite 904
Billngs, MT 59101
APPLICABLE STATES:Utah
-l-l-l-l-l
X-l-l
Arizona
Colorado
Idaho
Iowa
Minnesota
Montana
Nebraska
New Mexico
North Dakota
Oregon
South Dakota
-l Washington 7.0 (with Commercial Perfrmance
Measures and Reporting, Penormance Targets and
Service Credits, as described in Section 7.0 of
Attchment 2 to this Agreement); or
Washington 8.0 (with Service Penormance Measures
and Reporting and Penormance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Attachment 2 to this Agreement).
-l Wyoming
Owest agrees to offr and CLEC intends to purchase Service in
the states indicated below by CLEC's signatory initialing (or an
"X") on the applicable blanks. Note: If CLEC chooses to
indicate Washington, CLEC must select only one (1) of the
Washington Service offerings. CLEC may not change its
Washington selection after this Agreement is executed.
November 2, 2010!kjcJGreenfty Networks!! Qwest QLSpTM MSA - (v10-15-10)
. AZ-COS-101021-0009; CO-GOS-101021-Q010; IO-COS-101021-0011; MN-COS-101021-0012;
MT-COS-1010121-0013; NM-COS-1010121-0014; NO-GOS-101021-0015; OR-COS-1010121-0016;
WA-GOS-101021-0017; WV-GOS-1010121-Q018
Page 1 of 12
DocuSign Envelope ID: 5E0674B6-1E89-4A2D-B066-0A1DE5FBDA14
'"
..
WHEREA, CLEC desires to purchase from Qwest certin combinations of Network Elements, ancilary functions, and additional
features, including without limitation, the local Loop, Port, switching, and Shared Transport.
.
Now, therefor,e, in consideration of the terms and conditions contained herein, CLEC and Qwst mutually agree as follows:
1. Definitions. Capitalized terms used herein are defined in
Attachment 1.
2. Effective Date. This Agreement is effectve upon the
later of (i) January 4, 2011 or (ii) the date that it is fully executed by all
of the Parties ("Effective Date").
2.1 CLEC's Qwest Platform Plus 1M Master Services Agreement,
if any, is terminated immediately upon execution of this Agreement,
and Qwest wil provide CLEC local platform servces only pursuant to
the terms and conditions of this Agreement. The effective billng date
for QLSP services wil be the latest date of execution by the Parties.
3. Term. The term of this Agreement begins on the
Effective Date and continues through December 31, 2013. In the
event that at the expiration of this Agreement CLEC has any remaining
Customers sented. under this Agreement, Qwest may immediately
convert CLEC to an equivalent altemative service at market-based
wholesale rates.
4. Scope of Agreement; Service Provisioning; Controllng
Documents; Change of Law; Eligibilty for Services under this
Agreement; Non-Applicability of Change Management Process.
4.1 The Servce ("Services") described in this Agreement will
only be provided in Qwests incumbent LEC service terrtory in the
states of Arizona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington and Wyoming.
4.2 In the event of a conflict in any term of any documents that
govern the provision of Services hereunder, the following order of
predence will apply in descending order of control: an Attachment,
Rate Sheet, this Agreement, and any effective Order Form hereunder.
The Parties agree that the Services offered and purchased under this
Agreement are subject to compliance with Applicable Law and
obtaining any domestic or foreign approvals and authorizations
required or advisable.
4.3 The provisions in this Agreement are intended to be in
compliance with and based on the existing state of Applicable Law,
including but not limited to Federal rules, regulations, and laws, as of
the Effective Date ("Existing Rules"). Nothing in this Agreement shall
be deemed an admission by Qwest or CLEC conceming the
interpretation or effect of the Existing Rules or an admission by Qwest
or CLEC that the Existing Rules should not be changed, vacated,
dismissed, stayed or modified. Nothing in this Agreement shall
preclude or estop Qwest or CLEC from taking any position in any
forum concerning the proper interpretation or effect of the Existing
Rules or concerning whether the Existing Rules should be changed,
vacated, dismissed, stayed or modified.
4.4 If any change in Applicable Law materially impairs a Parts
abilty to perform or obtain a benefit under this Agreement, both Parties
agree to negotiate in good faith such changes as may be necessary to
addres such material impairment.
4.5 To receive services under this Agreement, CLEC must be a
certified CLEC under Applicable Law. CLEC may not purchase or
utilze Services COvered under this Agreement for its own
administrative use or for the use by an Affliate.
4.6 Except as otherwise provided in this Agreement, the Parties
agre that Service provided under this Agreement are not subject to
th Qwst Wholsale Change Management Process ("CMP"), Qwests
Perfrmance Indicaors ("PID"), Performance Assurance Plan ("PAP"),
or any other whlesale service quality standards, or liquidated
damages and remedies. Except as otherwise provided, CLEC hereby
waives any rights it may have under the PID, PAP and all other
wholesale service quality standards to liquidated damages, and
remedies with respect to Services provided pursuant to this
Agreement. Any CLEC-proposed changes to the attributes of any
Servce or process enhancements wil be communicated through the
standard accunt interfaces. Change requests common to shared
systems and processes subject to CMP wil continue to be addressed
via the CMP procedures.
5. CLEC Infrmation. CLEC agrees to work with Qwest in
goo faith to prmptly complete or update, as applicable, Qwests
"New Customer Questionnaire" to the extent that CLEC has not
already done so, and CLEC shall hold Qwest harmless for any
damages to or claims from CLEC caused by CLEC's failure to promptly
complete or update the questionnaire.
6. Financial Terms.
6.1 The description of the Service and applicable rates are set
forth in the Attchments hereto and Rate Sheets. The Parties agree
that the referenced rates are just and reasonable.
6.2 Taxes. Fees. and other Governmental Impositions. .
All charges for Services provided herein are exclusive of any federal,
state, or local sales, use, excise, gross receipts, transaction or similar
taes, fees or surcharges ("Tax" or "Taxes"). Taxes resulting from the
performance of this Agreement shall be borne by the Part upon which
the obligation for payment is imposed under Applicable Law, even if
the obligation to collect and remit such Taxes is placed upon the other
Part. However, where the sellng Part is specifically permitted by
Applicable Law to collect such Taxes from the purcasing Party, such
Taxes shall be bome by the Part purchasing the services. Taxes
shall be biled as a separate item on the invoice in accordance with
Applicable Law. The Part billng such Taxes shall, at the wrtten
request of the Part being biled, provide the biled Part with detailed
information regarding biled Taxes, including the applicable Tax
jurisdiction, rate, and base upon which the Tax is applied. If either
Part (the Contesting Part) contests the application of any Tax
collected by the other Part (the Collecting Part), the Collecting Part
shall reasonably cooperate in good faith with the Contesting Parts
challenge, provided that the Contesting Part pays all reasonable costs
incurred by the Collecting Part. The Contesting Part is entitled to the
benefit of any refund or revery resulting from the contest, provided
that the Contesting Part has paid the Tax contested. If the
purchasing Part provides the sellng Part with a resale or other
exemption certificate, the sellng Part shall exempt the purchasing
Part if the sellng Part accpts the certifcate in good faith. If a Part
becomes aware that any Tax is incorrectly or erroneously collected by
that Part from the other Part or paid by the other Part to that Part,
the Part that received such Tax shall refund the incorrectly or
erroneously collected Tax or paid Tax to the other Part.
6.3 Each Part is solely responsible for any tax on its corprate
existence, status or income and each Part shall be solely responsible
for all taxes on its own business, the measure of which is its own net
income or net worth and shall be responsible for any related ta filings,
November 2, 2010/kjclGreenfly Networks/! Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101021-Q009; CO-eDS--101021-Q010; ID-CDS-101021-0011; MN-CDS-101021-0012;
MT-CDS-1010121-0013; NM-CDS-1010121-Q014; ND-CDS-101021-0015; OR-CDS-1010121-0016;
WA-CDS-101021-0017; WV-CDS-1010121-Q018 .
Page 20f 12
,.,
, DocuSign Envelope 10: 5E0674B6-1E89-A2D-B066-0A1DE5FBDA14
. payment, protest, audit and litigatio. Each Part shall be solely
responsible for the billng, collection and proper remittance of all
applicable Taxes relating to its own services provided to its own
Customers.
7. Intellectual Propert.
7.1 Except for a license to use any facilties or equipment
(including softare) solely for the purpses of this Agreement or toreceive Servce solely as provided in this Agrement or as specifically
required by the then-applicable federal rules and regulations relating to
Services provided under this Agreement, nothing contained in this
Agreement shall be construed as the grant of a license, either express
or implied, with respect to any patent, copyright, trade name,
trademark, service mark, trade secret, or other proprietary interest or
intellectual propert, now or hereafter owned, controlled or licensable
by either Part. Neither Part may use any patent, copyrght, trade
name, trademark, service mark, trade secret, nor other propretary
interest or intellectual propert, now or hereafter owned, controlled or
licensable by either Part without execution of a separate wrtten
agreement between the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each Part (an Indemnifying Part) shall indemnify and
hold the other Part (an Indemnified Part) harmless from and against
any loss, cost, expense or liabilty arising out of a claim that the
services provided by the Indemnifying Part provided or used pursuant
to the terms of this Agreement misappropriate or otherwise violate the
intellectual propert rights of any third party. The obligation for
indemnification recited in this paragraph shall not extend to
infringement which results from:.A. any combination of the facilties or services of the
Indemnifying Part with facilties or services of any other Person
(including the Indemnified Part but excluding the IndemnifyngPart and any of its Affliates), which combination is not made by
or at the direction of the Indemnifyng Party or is not reasonably
necessary to CLEC's use of the services offered by Qwest under
this Agreement; or
B. any modification made to the facilties or services of the
Indemnifying Part by, on behalf of, or at the request of the
Indemnified Part and not required by the Indemnifying Part.
7.3 In the event of any claim, the Indemnifing Part may, at its
sole option, obtain the right for the Indemnifed Part to continue to use
any infringing facilty or service or replace or modify any infringing
facilty or service to make such facility or service non-infrnging.
7.4 If the Indemnifying Party is not reasonably able to obtain the
right for continued use or to replace or modify the facilit or service as
provided above and either the facility or service is held to be infrnging
by a court of copetent jurisdiction or the Indemnifying Part
reasonably believes that the facilty or service wil be held to infringe,
the Indemnifying Party wil notify the Indemnified Part and the Parties
will negotiate in good faith regarding reasonable modifications to this
Agreement necessary to mitigate damage or comply with an injunction
which may result from such infringement or allow cessation of furter
infringement.
7.5 The Indemnifying Part may request that the Indemnified
Part take steps to mitigate damages resulting from the infrngement or
alleged infrngement including, but not limited to, accepting
modifications to the facilties or services, and such request shall not be
unreasonably denied.
7.6 To the extent required under Applicable Law, Qwest shall
use commercially reasonable effort to obtain, from its vendors who
have licensed intellectual propert rights to Qwest in connection with
Services provided hereunder, licenses under such intellectual property
rights as necessary for CLEC to use such Services as contemplated
hereunder and at least in the same manner used by Qwest for the
Services provided hereunder. Qwest shall notify CLEC immediately in
the event that Qwest believes it has used it commercially reasonable
efforts to obtain such rights, but has been unsuccssful in obtaining
such rights. Nothing in this subsction shall be construed in any way
to condition, limit, or alter a Parts indemnification obligations under
Secion 7.2, preceding.
7.7. Neither Part shall without the express wrtten permission of the
other Party, state or imply that it is connected, or in any way affliated
with the other or its Affliates; it is part of a joint business association or
any similar arrangement with the other or its Affliates; the other Part
and its Affliates are in any way sponsoring, endorsing or certifyng it
and its goods and services; or with respect to its marketing, advertising
or promotional activiies or materials, state or imply that the services
are in any way associated with or originated from the other Part or
any of its Affliates. In addition, CLEC, including its employees,
representatives and agents, will not state or otherwse indicate, directly
or indirectly, to its end-users or prospective end-users: (a) that they will
be Qwest customers or that they may obtain Qwest service frm CLEC
or (b) that CLEC has or the end-user wil have any relationship with
Qwest. Without limiting the foregoing, CLEC must not use a name,
trademark, service mark, copyrght or any other intellectual propert
owned by Qwest or its Affliates, except that CLEC may communicate
that Qwst is one of the underlying carriers frm which CLEC
purchases services if CLEC has obtained the prior wrtten consent of
the Qwst Law Department. This is a non-exclusive agreement.
Nothing in this Agreement prevents Qwest from offering to sell or
sellng any servces to other parties.
7.8 Nothing in this Section prevents either Part from truthfully
describing the Services it uses to provide service to its End User
Customers, provided it does not represent the Services as originating
from the other Part or its Affliates or otherwise attempt to sell its End
User Customers using the name of the other Part or its Affliates.
Qwests name and the names of its affliates are proprietary and
nothing in this Agreement constitutes a license authoriing their use,
and in no event wil CLEC, including its employees, representatives
and agents, attempt to sell any Services to its end-users using the
name, brand or identity of Qwest or Qwests Affliates in any way.
7.9 Because a breach of the material provisions of this Secton 7
may cause irrparable harm for which monetary damages may be
inadequate, in addition to other available remedies, the non-breaching
Part may seek injunctive relief.
8. Financial Responsibilty Payment and Security.
8.1 Payment Obligation. Amounts payable under this
Agreement are due and payable within thirt (30) Days after the date of
invoice ("Payment Due Date"). If the Payment Due Date falls on a
Sunday or on a holiday which is observed on a Monday, the payment
date will be the first non-holiday day following such Sunday or holiday.
If such a payment date falls on a Saturday or on a holiday which is
observed on Tuesday, Wednesday, Thursday or Friday, the payment
date shall be the last non-holiday day preceding such Saturday or
holiday. For invoices distributed electronically, the date of the invoice
date is the same as if the invoice were biled on paper, not the date the
electonic delivery occurs. If CLEC fails to make payment on or before
the Payment Due Date, Qwest may invoke all available rights and
remedies..November 2, 2010/kclGreenfty Netrksl/ Qwest QLSpTM MSA - (v10-15-10)
AZ-eDS-101021-0009; CO-eDS--101021-0010; ID-CDS-101021-0011; MN-COS-101021-0012;
MT-CDS-1010121-Q013; NM-CDS-1010121-0014; ND-CDS-101021-0015; OR-eDS-1010121-0016;
WA-CDS-101021-Q017; WY-CDS-1010121-0018
Page 30f 12
DocuSign Envelope ID: 5E0674B6-1 E89-4A2D-B066-QA 1DE5FBDA 14
8.2 Cesation of Order Processing. Owest may discontinue
processing orders for Service for any breach by CLEC of this
Agreement, including without limitation, the failure of CLEC to make full
payment for Services, less any good faith dispute amount as provide
for in this Agreement, within thirt (30) Days followng the Payment
Due Date; provided that Qwest has first notifed CLEC in wrting at
least ten (10) business days prior to discontinuing the prossing of
orders for Services. If Qwest does not refuse to accept additional
orders for Services on the date specified in the ten (10) business days
notice, and CLEC's non-cmpliance continues, nothing contined
herein shall preclude Qwests nght to refuse to accpt additional orders
for Services from CLEC without further notice. For order processing to
resume, CLEC will be required to cure any breach and make full
payment of all past-due charges for Services not disputed in good faith
under this Agreement, and Qwest may require a deposit (or recalculate
the deposit) pursuant to Section 8.5. In addition to other remedies that
may be available at law or equity, Qwest reserves the nght to seek
equitable relief including injunctive relief and specifc performance.
8.3 Disconnection. Qwest may disconnect any Service
provided under this Agreement for any breach by CLEC of this
Agreement that is not cured by CLEC in accordance with Secion 11
herein, including without limitation, failure by CLEC to make full
payment for such Services, less any good faith disputed amount as
provided for in this Agreement, within sixt (60) Days followng the
Payment Due Date provided that Qwest has first notified CLEC in
wnting at least ten (10) business days pnor to disconnecting servce.
CLEC wil pay the applicable charge set forth in the Rate Sheet
required to reconnect Service for each End User Customer
disconnected pursuant to this Section 8.3. In case of such
disconnection, all applicable undisputed charges, including termination
charges, will become due and payable. If Owest does not disconnect
CLEC's Servce on the date specified in the ten (10) business days
notice, and CLEC's noncompliance continues, nothing contained
herein shall preclude Qwests right to disconnect any or all servces.
For reconnection of the Service to occur, CLEC will be required to
make full payment of all past and current undisputed charges under
this Agreement for Services and Qwest may require a deposit (or
recalculate the deposit) pursuant to Secion 8.5. In addition to other
remedies that may be available at law or equity, Qwest reserves the
nght to seek equitable relief, including injunctve relief and specific
performance. Notwithstanding the foregoing, Owest wil not effect a
disconnection pursuant to this Section 8.3 in such manner that CLEC
may not reasonably comply with Applicable Law conceming End User
Customer disconnection and notification, provided that, the foregoing is
subject to CLEC's reasonable dilgence in effecting such compliance.
8.4 Biling Disputes. Should CLEC dispute, in good faith, and
withhold payment on any portion of the charges under this Agreement,
CLEC will notify Qwest in writing within fifteen (15) Days following the
Payment Due Date identifyng the amount, reason and rationale of
such dispute. At a minimum, CLEC wil pay all undisputed amounts
due to Qwest. Both CLEC and Qwest agree to expdite the
investigation of any disputed amounts, promptly provide reasonably
requested documentation regarding the amount disputed, and work in
good faith in an effort to resolve and settle the dispute through informal
means pnor to invoking any other nghts or remedies.
(,--
\
in favor of CLEC, Qwest will credit CLEC's bil for the amount of .
the disputed charges and any late payment charges that have
ben assessed no later than the second Bill Date after the
relution of the dispute.
B. If CLEC pays the disputed charges and the dispute is
reolved in favor of Qwest, no further action is required. If CLEC
pays the charges disputed at the time of payment or at any timethereafter, and the dispute is resolved in favor of the CLEC,
Qwest will adjust the Biling, usually within two Billng cycles after
the resolution of the dispute, as follows: Qwest will credit the
CLEC's bil for the disputed amount and any associated interest;
or if the disputed amount is greater than the bil to be credited,
pay the remaining amount to CLEC.
C. The interest calculated on the disputed amounts will be the
same rate as late payment charges. In no event, however, wil
any late payment charges be assessed on any previously
assessed late payment charges.
D. If CLEC fails to dispute a rate or charge within 60 Days
following the invoice date on which the rate or charge appeared,
adjustment will be made on a going-forward basis only, beginning
wih the date of the dispute.
8.5 Security Deposits. In the event of a matenal adverse
change in CLEC's financial condition subsequent to the Effective Date
of this Agreement, Qwest may request a secunty deposit. A "materal
adverse change in financial condition" means CLEC is a new CLEC
with no established credit history, or is a CLEC that has not
established satisfactory credit with Qwest, or the Part is repeatedly
delinquent in making its payments, or is being reconnected after a
disconnecion of Service or discontinuance of the processing of orders .
by Qwest due to a previous failure to pay undisputed charges in a
timely manner or due to the failure by CLEC to cure a breach of this
Agreement in a timely manner. Qwest may require a deposit to be
held as security for the payment of charges before the orders from
CLEC wil be provisioned and completed or before reconnection of
Service. "Repeatedly Delinquent" means any payment of a matenal
amount of total monthly Biling under this Agreement received afer the
Payment Due Date, three (3) or more times during the last twelve (12)
month penod. The deposit may not exceed the estimated total monthly
charges for a two (2) month penod based upon recent Billng. The
deposit may be an irrevocable bank letter of credit, a letter of credit
with terms and conditions acceptable to Qwest, or some other form of
mutually acceptable secunt such as a cash deposit. The deposit may
be adjusted by CLEC's actual monthly average charges, payment
history under this Agreement, or other relevant factors, but in no event
will the secunty deposit exceed five milion dollars ($5,000,000.00).
Required deposits are due and payable within thirt (30) Days after
demand and non-payment is subject to the terms and provisions of
Section 8.2 and Section 8.3 of this Agreement.
8.6 Interest on Deposits. Any interest earned on cash deposits
wil be credited to CLEC in the amount actually eamed or at the rate
set forth in Section 8.7 below, whichever is lower, except as otherwise
required by law, provided that, for elimination of doubt, the Parties
agree that such deposits are not subject to state laws or regulations
relating to consumer or End User Customer cash deposits. Cash
deposits and acced interest, if applicable, will be credited to CLEC's
account or refunded, as appropnate, upon the earlier of the expiration
of the term of this Agreement or the establishment of satisfactory credit
with Qwest, which will generally be one full year of consecutive timely
payments of undisputed amounts in full by CLEC. Upon a matenal
change in financial standing, CLEC may request, and Qwest will
consider, a recalculation of the deposit. The fact that a deposit has
A. If CLEC disputes charges and does not pay such charges by
the Payment Due Date, such charges may be subject to late
payment charges. If the disputed charges have been withheld
and the dispute is resolved in favor of Qwest, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing further dispute resolution. If the
disputed charges have been withheld and the dispute is resolved
November 2, 2010/kdGreenfly Networks!! Qwest QLSpTM MSA - (v10-15-10)
AZ-eDS-101021-Q009; CO-CDS--101021-Q010; ID-CDS-101021-0011; MN-CDS-101021-0012;
MT-CDS-1010121-0013; NM-CDS-1010121-Q014; ND-eDS-101021-0015; OR-eDS-1010121-0016;
WA-CDS-101021-0017; WY-CDS-1010121-Q018 .
Page 4 of 12
~ DocuSign Envelope ID: 5E0674B6-1 E89-4A2D-B066-0A 1 DE5FBDA 14
/'
.
.
.
been made does not relieve CLEC from any requirements of this
Agreement.
8.7 Late Payment Chame. If any portion of the payment is
received by Qwest after the Payment Due Date, or if any portion of the
payment is reived by Qwest in funds that are not immediately
available, then a late payment charge wil be due to Owest. The late
payment charge is the portion of the payment not received by the
Payment Due Date multiplied by a late facor. The late factor is the
lesser of (i) the highest interest rate (in decimal value) which may be
levied by law for commercial transactions, compounded daily for the
number of Days from the Payment Due Date to and including the date
that the CLEC actually makes the payment to Qwest; or (Ii) 0.000407
per Day, compounded daily for the number of Days from the Payment
Due Date to and including the date that the CLEC actually makes the
payment to Qwest.
8.8 CLEC must not remit payment for the Service with funds
obtained through the American Recovery and Reinvestment Act (or
ARRA) or other similar stimulus grants or loans that would obligate
Qwst to provide certin information or perform certin functions
unless those functions and obligations are specifically agreed to by the
parties in this Agreement or in an amendment to this Agreement.
9. Conversions. If CLEC is obtaining services from
Qwest under an arrangement or agreement that includes the
application of termination liabilty assessment (TLA) or minimum period
charges, and if CLEC wishes to convert such services to a Service
under this Agreement, the conversion of such servces will not be
delayed due to the applicabilty of TLA or minimum period charges.
The applicabilty of such charges is govemed by the terms of the
original agreement, Tariff or arrangement. Nothing herein wil be
construed as expanding the rights otherwse granted by this
Agreement or by law to elect to make such conversions.
10. Customer Contact. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' service
needs, including without limitation, sales, service design, order taking
Provisioning, change orders, training, maintenance, trouble reports:
repair, post-sale servicing, Billng, collection and inquiry. CLEC wil
inform its End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contacting Qwest wil be
instructed to contact CLEC, and Owests End User Customers
contacting CLEC wil be instructed to contact Qwest. In responding to
calls, neither Part wil make disparaging remarks about the other
Part. To the extent the correct provider can be determined
misdirected calls received by either Part will be referred to the proe;
provider of Local Exchange Service; however, nothing in this
Agreement shall be deemed to prohibit Qwest or CLEC from
discussing its proucts and services with CLEC's or Qwests End User
Customers who call the other Part.
10.1 In the. event. Qwest terminates Service to CLEC for any
reason, CLEC will provide any and all necessary notice to its End User
Customers of the termination. In no case wil Qwest be responsible for
providing such notice to CLEC's End User Customers.
11. Default and Breach. If either Part defaults in the payment
of any amount due hereunder, or if either Part violates any other
material provision of this Agreement and such default or violation
continues for thirt (30) Days after written notice thereof, the other
Part may terminate this Agreement and seek relief in accrdance with
any remedy available under this Agreement, including without
limitation, the Dispute Resolution provisions of Section 25 herein and
in addition to the foregoing, Qwest may cease to accpt orders fro~
CLEC for Services in accrdance with Section 8.2 above. The
remedies available to each Part pursuant to this Agreement are not to
be considere exclusive of one another and wil be cumulative.
12. Limitation of Liabilty.
12.1 CLEC's exclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwse limited by this Agreement to outage crdits or other
service creits, in which case Qwsts total liabilty wil not exced the
aggregate amount of any applicable credits due.
12.2 Except for indemnification and payment obligations under
this Agreement, neither Part shall be liable to the other for indirect,
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits,lost revenues, lost
savings suffere by the other Part regardless of the form of action,
whether in contract, warrnty, strict liabilty, tort, including, without
limitation, negligence of any kind and regardless of whether the Parties
know the posibilit that such damages could result.
12.3 Nothing contained in this Section shall limit either Part's
liabilty to the other for wilful misconduct, provided that, a Part's
liabilty to the other Party pursuant to the foregoing exclusion, other
than direct damages, will be limited to a total cap equal to one hundred
per cent (100%) of the annualized run rate of total amounts charged by
Owest to CLEC under this Agreement.
13. Indemnity.
13. 1 The Parties agree that unless otherwise specifically set forth
in this Agreement, the followng constitute the sole indemnification
obligations between and among the Parties:
A. Each Part (the Indemnifying Part) agres to release,
indemnify, defend and hold harmless the other Part and each ofits offcers, directors, employees and agents (each, an
Indemnitee) from and against and in respect of any loss, debt,liabilty, damage, obligation, claim, demand, judgment or
settlement of any nature or kind, known or unknown, liquidated or
unliquidated including, but not limited to, reasonable cots and
expenses (including attomeys' fees), whether sufered, made,
instituted, or asserted by any Person or entity, for invasion of
privacy, bodily injury or death of any Person or Persons, or for
loss, damage to, or destrctn of tangible propert, whether or
not owned by others, resulting frm the Indemnifying Part's
breach of or failure to perform under this Agreement, regardless
of the form of action, whether in contract, warranty, strict liability,
or tort including (without limitation) negligence of any kind.
B. In the case of claims or losses alleged or incurrd by an End
User Customer of either Part arising out of or in connection with
Services provided to the End User Customer by the Part, the
Part whose End User Customer alleged or incurrd such claims
or loss (the Indemnifying Part) shall defend and indemnify the
other Part and each of its offcers, directors, employees and
agents (each, an Indemnifed Part) against any and all such
claims or loss by the Indemnifng Party's End User Customers
regardless of whether the underlying Service was provided or was
provisioned by the Indemnified Part, unless the loss was caused
by the gro negligence or willful misconduct of the Indemnifed
Part. The obligation to indemnify with respect to claims of the
Indemnifying Part's End User Customers shall not extend to any
claims for physical bodily injury or death of any Person or
persons, or for loss, damage to, or destruction of tangible
propert, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the
November 2, 2010/kjclGreenfly Networksl/ Owest QLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0009; CO-CDS-101021-Q010; ID-CDS-101021-Q011; MN-CD5-101021-0012;
MT-CDS-1010121-0013; NM-CDS-1010121-0014; ND-CDS-101021-0015; OR-CDS-1010121-Q016;
WA-CDS-101021-0017; WV-CDS-1010121-Q018
Page 5 of 12
DocuSign Envelope ID: 5E0674B6-1 E89-4A2D-B066-0A 1 DE5FBDA 14
employees, contractors, agents, or other representatives of the
Indemnified Part.
13.2 The indemnifcation provided herein is conditioned upon the
following:
A. The Indemnified Part will promptly notif the Indemnifing
Part of any action taken against the Indemnifed Part relating to
the indemnification. Failure to so notify the Indemnifng Part will
not relieve the Indemnifyng Part of any liabilty that the
Indemnifying Part might have, except to the extent that such
failure prejudices the Indemnifying Party's abilty to defend such
claim.
B. If the Indemnifying Party wishes to defend against such
action, it wil give written notice to the Indemnified Part of
accptance of the defense of such action. In such event, the
Indemnifying Part has sole authority to defend any such action,
including the selection of legal counsel, and the Indemnified Party
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifying Part does not
accept the defense of the action, the Indemnified Part has the
right to employ counsel for such defense at. the expense of the
Indemnifying Part. Each Part agrees to cooperate wi the
other Part in the defense of any such action and the relevant
records of each Party will be available to the other Part with
respect to any such defense.
C. In no event wil the Indemnifng Part settle or consent to
any judgment for relief other than monetary damages pertining
to any such action without the prior wrtten consent of the
Indemnified Part. In the event that the Indemnifed Part
withholds consent, the Indemnified Part may, at its cost, take
over such defense; provided that, in such event, the Indemnifying
Part shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnified Part against, any cost or
liabilty in excess of such refused compromise or settlement.
14. Limited Warranties.
14.1 Each Part wil provide suitably qualified personnel to perform its
obligations under this Agreement and provide all Services hereunder in
a good and workmanlike manner and in material conformance with all
Applicable Laws and regulations.
14.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
QWEST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED
HEREUNDER. QWEST SPECIFICALLY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.
15. Relationship. Except to the limited extnt expressly
provided in this Agreement, neither Part has the authority to bind the
other by contract or otherwise or make any representations or
guarantees on behalf of the other or otherwise act on .the othets
behalf. The relationship arising from this Agreement does not
constitute an agency, joint venture, partnership, employee relationship
or frnchise. Qwest is acting as an independent contractor and will
have exclusive control of the manner and means of performing its
obligations. Notwthstanding anything herein to the contrary, Qwest
reserves the right, in its sole discretion, to modify or change the name
of the Services.
-'.
\
16..Assignment.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior written consent of Qwest, which
consent will not be unreasonably withheld. Notwhstanding the
foregoing and subjec to prior credit review, submission of appropriate
legal docmentation (including, but not limited to, any appropriate
Seretary of State or other filings or documents specified by Qwest)
and approval by Qwt of CLEC's proposed assignee, CLEC may
assign this Agreement wihout prior written consent of Qwest to any
Affliate, succor through merger, or acquirer of substantially all of its
assets; and Qwest may assign this Agreement without prior wrtten
consent to any Affliate, succssr through merger, or acquirer of
substantially all of it busine assets; provided that in all cases the
assignee of CLEC or Qwst, as applicable, acknowledge in wrting its
assumption of the obligations of the assignor hereunder. Any
attempted assignment in violation hereof is of no force or effect and is
void. Without limiting the generality of the foregoing, this Agreement
will be binding as to the Parties' respective succssors and assigns.
16.2 In the event that Qwest transfers to any unaffliated part
exchanges, including End User Customers that CLEC serves in whole
or in part through Servces provided by Qwest under this Agreement,
Qwest will ensure that the transfere serves as a succssor to and
fully performs all of Qwests responsibilties and obligations under this
Agreement for a period of ninety (90) Days frm the effective date of
such transfer or until such later time as the FCC may direct pursuant to
the FCC's then applicable statuory authority to impose such
reponsibilities either as a condition of the transfer or under such other
state statutory authority as may give it such power. In the event of
such a proposed trnsfer, Qwest will use its best efforts to faciltate
discussions between CLEC and the transferee with respect to the
transferee's assumption of Qwests obligations after the transition
period set forth above in accordance with the terms and provisions ofthis Agreement. .
17. Reporting Reguirements. If reporting obligations or
requirements are imposed upon either Part by any third part or
regulatory agency in connection with this Agreement or the Services,
including use of the Services by CLEC or its End Users, the other
Part agrees to assist that Part in complying with such obligations and
requirements, as reasonably required by that Part.
18. SurvivaL. The expiration or termination of this Agreement
does not relieve either Part of those obligations that by their nature
are intended to survive.
19. Confidentiality Nondisclosure.
19.1 Neither Part will, without the prior written consent of the
other Part (a) issue any public announcement regarding, or make any
other disclosure of the terms of, this Agreement or use the name or
marks of the other Part or its Affliates; or (b) disclose or use (except
as expressly permitted by, or required to achieve the purposes of, this
Agreement) the Confidential Information of the other Part. Consent
may only be given on behalf of a Part by its Legal Department.
However, a Part may disclose Confidential Information if required to
do so by a govemmental agency, by operation of law, or if necessary
in any proceeding to establish rights or obligations under this
Agreement, provided that the disclosing Party gives the non-disclosing
Part reasonable prior written notice and the receiving Part will
cooperate with the disclosing Part to seek or take appropriate
protective measures and wil make such disclosure in a manner to best
protect the Confidential Information frm further disclosure.
Notwthstanding the foregoing, if reporting or filing obligations or
requirements are imposed upon Qwest by any third part or regulatory
agency in connection with this Agreement, CLEC agrees to assist
November 2, 2010/kjclGreenfly Networksll Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0009; CO-GDS--101021-0010; ID-CDS-101021-0011; MN-CDS-101021-0012;
MT-CDS-1010121-0013; NM-CDS-1010121-0014; ND-CDS-101021-0015; OR-GDS-1010121-o016;
WA-CDS-101021-0017; WY-CDS-1010121-0018 .
Page 6 of12
; DocuSign Envelope ID: 5E06? 486-1 E89-A2D-B066-0A 1DE5FBDA 14
.Qwest in complying with such obligations and requirements, as
reasonably required by Qwest and to hold Qwest harmless for any
failure by CLEe in this regard. Qwest' compliance with any regulatory
filing obligation will not constitute a violation of this section. Each Part
will use reasonable efforts to protect the othets Confidential
Information, and will use at least the same efforts to protect such
Confidential Information as the Part would use to protect its own.
19.2 All Confidential Information wil remain the propert of the
disclosing Part. A Part who receives Confidential Information via an
oral communication may request wntten confirmation that the matenal
is Confidential Information. A Part who delivers Confidential
Information via an oral communication may request wntten
confirmation that the Part receiving the information understands that
the matenal is Confidential Information. Each Part has the nght to
correct an inadvertent failure to identify information as Confidential
Information by giving wntten notification within thirt (30) Days after the
information is disclosed. The receiving Part will fro that time
forward, treat such information as Confidential Information.
19.3 Upon request by the disclosing Part, the receiving Part will
return all tangible copies of Confidential Information, whther wntten,
graphic or otherwse, except that the receiving Part may retain one
copy for archival purposes.
19.4 Each Part will keep all of the other Parts Confidential
Information confidential and wil disclose it on a need to know basis
only. Each Party wil use the other Parts Confidential Information
only in connection with this Agreement and in accrdance with
Applicable Law. Neither Part will use the other Part's Confidential
Information for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in wnting. If
either Part loses, or makes an unauthonzed disclosure of, the other
Part's Confidential Information, it will notify such other Party
. immediately and use reasonable effort to retneve the information.
19.5 Effective Date of this Section. Notwithstanding any other
provision of this Agreement, the Confidential Information provisions of
this Agreement apply to all information fumished by either Party to the
other in furtherance of the purpse of this Agreement, even if furnished
before the Effective Date.
19.6 Each Part agrees that the disclosing Part could be
irreparably injured by a breach of the confidentiality obligations of this
Agreement by the receiving Part or its representatives and that the
disclosing Part is entitled to seek equitable relief, including injunctive
relief and specific performance in the event of any breach of the
confidentiality provisions of this Agreement. Such remedies are not
the exclusive remedies for a breach of the confidentiality provisions of
this Agreement, but are in addition to all other remedies available at
law or in equity.
19.7 Nothing herein should be construed as limiting either Parts
nghts with respect to its own Confidential Information or its obligations
with respect to the other Part's Confidential Information under Section
222 of the Act.
20. Waiver. Except as otherwse provided herein, neither
Part's failure to enforce any nght or remedy available to it under this
Agreement will be construed as a waiver of such nght or a waiver of
any other provision hereunder.
either Part may immediately upon wntten notice to the other Part
terminate this Agreement in whole or in part, including without
limitation, with respect to Service in any state. In the event a Part
exercises its nght to terminate pursuant to this Secion 21, the other
Part agrees to consent to any regulatory approvals necessry to
disconnect any circuits provided pursuant to this Agreement and
further agrees to provide any required notice to affected customers
within five (5) business days of such notice. If a Part is required by a
lawfl, binding order to file this Agreement or a provision thereof with
the FCC or state regulatory authonties for approval or regulatory
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 injunction or other relief from such order. In addition, the filing
Part agrees to reasonably cooperate to amend and make
modifications to this Agreement to allow the filing of this Agreement or
the specific part of this Agreement affected by the order to the extentreasonably necesary. .
22. Notices. Any notice required by or conceming this
Agreement wil be in writing and will be suffciently given if delivered
personally, delivered by prepaid ovemight express servce, sent by
facsimile with electronic confirmation, or sent by certfied mail, return
receipt requested, or by email where specified in' this Agreement to
Qwest and CLEC at the addresses shown on the cover sheet of this
Agreement. Notwthstanding anything herein to the cotrry, Qwet
may provide notice via email or by posting to Qwst's website without
duplicate written notification for: (v) marKeting notices; (w) notices
provided under Section 8; (x) rate change notice; or (y) notices
regarding changes in maintenance windows.
23. Force Majeure. Neither Part shall be liable for any delay
or failure in performance of any part of this Agrement from any cause
beyond its control and without its fault or negligence including, without
limitation, acts of nature, acts of civil or miltary authonty, govemment
regulations, embargoes, epidemics, terronst acts, nots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, worK
stoppages, power blackouts, volcanic action, other major
environmental disturbances, or unusually severe weather conditions
(each, a Force Majeure Event). Inabilty to secure product or servicesof other Persons or transportation facilities or acts or omissions of
transporttion carrers shall be considere Force Majeure Events to
the extent any delay or failure in performance caused by these
circumstances is beyond the Parts contrl and without that Parts
fault or negligence. The Part affected by a Force Majeure Event shall
give prompt notice to the other Part, shall be excused frm
performance of its obligations hereunder on a day to day basis to the
extent those obligations are prevented by the Force Majeure Event,
and shall use reasonable effort to remove or mitigate the Force
Majeure Event. In the event of a labor dispute or stnke the Parties
agree to provide Service to each other at a level equivalent to the level
they provide themselves.
24. Governing Law. Colorado state law, without regard to
choice-of-Iaw pnnciples, governs all matters ansing out of, or relating
to, this Agreement.
25. Dispute Resolution.
25.1 The Partes will attmpt in good faith to resolve through
negotiation any dispute, claim or contrversy ansing out of, or relating
to, this Agreement. Either Part may give wrtten notice to the other
Part of any dispute not resolved in the normal course of business.
Each Part will, within seven (7) Days after delivery of the wrtten
notice of dispute, designate a vice-president level employee or a
representative with authonty to make commitments to review, meet,
and negotiate, in good faith, to resolve the dispute. The Parties intend
that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, freuency, duration, and
21. Regulatory Approval. Each Part reserves its nghts with
respect to whether this Agreement is subject to Sections 251 and 252
of the Act. In the event the FCC, a state commission or any other
governmental authonty or agency rejects or modifies any matenal
provision in this Agreement, whether by direct action or by virtue of
genenc proceedings, including without limitation, any pncing terms,
November 2, 2010/kjclGreenfly NetwrKs/! Qwest QLSplM MSA - (v1 0-15-1 0)
AZ-GDS-101021-Q009; CO-CDS--101021-0010; ID-CDS-101021-0011; MN-GDS-101021-0012;
MT-CDS-1010121-Q013; NM-CDS-1010121-Q014; ND-GDS-101021-0015; OR-GDS-1010121-Q016;
WA-GDS-101021-Q017; WY-CDS-1010121-0018
.
Page 7 of 12
28. Third Part Beneficiaries. The terms, representations,
warranties and agreements of the Parties set forth in this Agreement
are not intended for, nor wil they be for the benefit of or enforceable
by, any third part (including, without limitation, CLEC's Affliates and
End Users).
29. Insurance. Each Part shall at all times during the term of
this Agreement, at it own cost and expense, cany and maintain the
insurance coverage listed below with insurers having a "Best's" rating
of B+XIII with respect to liabilty arising from its operations for which
that Part has assumed legal responsibilty in this Agreement. If a
Part or its parent company has assets equal to or exceeding
$10,000,000,000, that Part may utilze an Affliate captive insurance
company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Party is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Section, to the extent its affliated Part
fails to meet such obligations.
November 2, 2010/kjclGreenfly Networksll Owest OLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0009; CO-CDS--101021-Q010; ID-CDS-101021-0011; MN-CDS-101021-0012;
MT-CDS-1010121-Q013; NM-CDS-1010121-0014; ND-CDS-101021-0015; OR-CDS-1010121-0016;
WA-CDS-101021-Q017; WY-CDS-1010121-Q018
DocuSign Envelop ID: 5E0674B6-1E89-A2D-B06-0A1DE5FBDA14
conclusions of these discussions will be at the discretion of the
representatives. By mutual agreement, the representatives may use
other procedures to assist in these negotiations. The discussions and
correspondence among the representatives for the purposes of these
negotiations wil be treated as Confidential Information developed for
purposes of settlement, and will be exempt frm discovery and
proucton, and are not admissible in any subsequent proceedings
without the concurrence of both Parties.
25.2 If the designated representatives have not reached a
resolution of the dispute within fifteen (15) Days after the wrtten notice
(or such longer period as agreed to in wrting by the Parties), theneither Part may commence a civil action. Any action wil be brought in
the United States District Court for the District of Colorado if it has
subject matter jurisdiction over the action, and shall otherwse be
brought in the Denver District Court for the State of Colorado. The
Parties agree that such court have persnal jurisdiction over them.
25.3 Waiver of Jurv Trial and Class Action. Each Part, to the
extent permitted by law, knowingly, voluntarily, and intentionally waives
its right to a trial by jury and any right to pursue any claim or action
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
25.4 No cause of action regardless of the form of action, arising
out of, or relating to this Agreement, may be broght by either Part
more than two (2) years after the cause of action arises.
26. Headings. The headings used in this Agreement are for
convenience only and do not in any way limit or otherwse affect the
meaning of any terms of this Agreement.
27. Authorization. Each Part represents and warrants that:
A. the full legal name of the legal entity intended to provide and
receive the benefits and Services under this Agreement is
accurately set forth herein;
B. the person signing this Agreement has been duly authorized
to execute this Agreement on that Parts behalf;
C. the execution hereof is not in conflict with law, the terms of
any charter, bylaw, articles of association, or any agreement to
which such Part is bound or affected; and
D. each Part may act in reliance upon any instruction,
instrument, or signature reasonably believed by it to be authorized
and genuine.
.,
\
29.1 Workers' Compensation with statutory limits as required in .
the state of operation and Employers' Liabilty insurance with limits of
not less than $100,000 each accident.
29.2 Commercial General Liabilty insurance covering claims for
boily injury, death, personal injury or propert damage, including
coverage for independent contractots protection (required if any work
will be subcntracted), prouct and/or completed operations and
contractual liabilty with respect to the liability assumed by each Part
hereunder. The limits of insurance shall not be less than $1,000,000
each occurrence and $2,000,000 general aggregate limit.
29.3 "All Risk" Propert coverage on a full replacement cost basis
insuring all of such Parts personal propert situated on or within the
Premises.
29.4 Each Part may be asked by the other to provide
certificate(s) of insurance evidencing coverage, and thereafter shall
provide such certificate(s) upon request. Such certificates shall:
A. name the other Part as an additional insured under
commercal general liabilty coverage;
B. indicate that coverage is primary and not excess of, or
contributory with, any other valid and collectible insurance
purchased by such Part; and
C. acknowledge severabilty of interest/cros liabilty coverage.
30. Communications Assistance Law Enforcement Act of
1994. Each Party represents and warrants that any equipment,
facilties or Services provided to the other Part under this Agreement
comply with the CALEA. Each Party wil indemnify and hold the other
Part harmless from any and all penalties imposed upon the other .
Part for such noncompliance and wil at the non-compliant Part's
sole cost and expense, modify or replace any equipment, facilties or
Servce provided to the other Party under this Agreement to ensure
that suc equipment, facilities and Services fully comply with CALEA.
31. Entire Agreement. This Agreement (including all
Attchments, Rate Sheets, and other documents referred to herein)
constitutes the full and entire understanding and agreement between
the Parties with regard to the subject of this Agreement and
supersedes any prior understandings, agreements, or representations
by or between the Parties, written or oral, including but not limited to,
any term sheet or memorandum of understanding entered into by the
Parties, to the extent they relate in any way to the subjects of this
Agreement. Notwthstanding the foregoing, certain elements used in
combination with the Service provided under this Agreement are
provided by Owest to CLEC under the terms and conditions of its
interconnection agreement, and nothing contained herein is intended
by the Parties to amend, alter, or otherwse modify those terms and
conditons.
32.Proof of Authorization.
32.1 Each Part shall be responsible for obtaining and
maintaining Proof of Authorization (POA), as required by applicable
federal and state law, as amended from time to time.
32.2 Each Part will make POAs available to the other Part upon
request. In the event of an allegation of an unauthorized change or
unauthorized service in accrdance with Applicable Law, the Part
charged with the alleged infraction shall be responsible for resolving
such claim, and it shall indemnify and hold harmless the other Part for
any losses, damages, penalties, or other claims in connection with the .
Page 8 of 12
l DocuSign Envelope ID: 5E0674B6-1E89-4A2D-B066-DA1DE5FBDA14
.
alleged unauthorized change or service.
33. General Terms.
33.1 Qwest wil provide general repair and maintenance services
on its facilities, including those facilities supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable service provided by Qwest.
33.5. Individual Case Basis Requests. CLEC may request
additional Services not specified in this Agreement and Qwt wil
consider such requests on an Individual Case Basis.
33.6. Responsibility For Environmental Contamination.
33.2 In order to maintain and modemize the netwrk properly,
Qwest may make necessary modifcations and changes to its network
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Network maintenance and modemization
activities will result in transmission parameters that are within
transmission limits of the Service ordered by CLEC. Qwest will provide
advance notice of changes that affect network Interoperabilty pursuant
to applicable FCC rules.
A. Neither Party shall be liable to the other for any cots
whatsoever resulting frm the presence or release of any
Environmental Hazard that either Part did not introuce to the
affected work location. Each Part shall defend and hold
harmless the other Part and its respective offrs, directors and
employees from and against any losses, damages, claims,demands, suits, liabilties, fines, penalties and expenses
(including reasonable attomeys' fees) that arise out of or result
from:
1. any Environmental Hazrd that the Indemnifing Part,
its contractors or agents introduce to the work locaions; or
33.3 Network Security.
A. Protection of Service and Propert. Each Part will exercise
the same degree of care to prevent harm or damage to the other
Part and any third parties, its employees, agents or End User
Customers, or their propert as it employs to protect its ow
employees, agents, End User Customers and propert, , but in no
case less than a commercially reasonable degree of care.
2. the presence or release of any Environmental Hazard
for which the Indemnifing Part is responsible under
Applicable Law.
.
B. Each Party is responsible to provide security and privacy of
communications. This entails protecting the confidential nature of
Telecommunications transmissions between End User Customers
during technician work operations and at all times. Specifically,
no employee, agent or representative shall monitor any circits
except as required to repair or provide Service of any End User
Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or
who participated in such communications or even that such
communication has taken place. Violation of such security may
entail state and federal criminal penalties, as well as civil
penalties. CLEC is responsible for covering its employees on
such security requirements and penalties.
B. In the event any suspect materials within Qwest-owned,
operated or leased facilties are identified to CLEC by Qwst to be
asbestos contining, CLEC will ensure that to the exent any
activities which it undertkes in the facilty disturb such suspect
materials, such CLEC activities will be in accrdance with
Applicable Law, including without limitation, applicable local, state
and federal environmental and health and safety statutes and
regulations. Except for abatement activities underaken by CLEC
or equipment placement activities that result in the generation of
asbestos-cntaining material, CLEC does not have any
responsibilit for managing, nor is it the owner of, nor does it have
any liabilty for, or in connection with, any asbestos-containing
material. Qwest agrees to immediately notify CLEC if Qwest
undertkes any asbestos control or asbestos abatement activities
that potentially could affect CLEC personnel, equipment or
operations, including, but not limited to, contamination of
equipment.
C. The Parties' netwrks are part of the national security
netwrk, and as such, are protected by federal law. Deliberte
sabotage or disablement of any portion of the underlying
equipment used to provide the netwrk is a violation of federal
statutes with severe penalties, especially in times of national
emergency or state of war. The Parties are responsible for their
employees with respect to such security requirements and
penalties.
D. Qwest shall not be liable for any losses, damages or other
claims, including, but not limited to, uncollecible or unbilable
revenues, resulting from accidental, erroneous, malicious,
fraudulent or otherwise unauthorized use of Services or facilties
('Unauthorized Use"), whether or not such Unauthorized Usecould have been reasonably prevented by Qwest, except to the
extent Qwest has been notified in advance by CLEC of the
existence of such Unauthorized Use, and fails to take
commercially reasonable steps to assist in stopping or preventing
such activity.
33.4. Construction. Qwest wil provide necessary construction
only to the extent required by Applicable Law.
November 2, 2010/kjc/Greenfly Networksll Qwest QLSpTM MSA - (v10-15-10)
. AZ-CDS-101021-D009; CO-GDS--101021-0010; ID-CDS-101021-0011; MN-CDS-101021-0012;
MT-CDS-1010121-D013; NM-GDS-1010121-0014; ND-CDS-101021-0015; OR-CDS-1010121-0016;
WA-DS-101021-D017; WV-CDS-1010121-0018
Page 9 of 12
DocuSign Envelope ID: 5E0674B6-1E89-4A2D-B066-0A1DE5FBDA14 \
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. se.), as
amended.
"Advanced Intellgent Network" or "AIN" is a Telecmmunications network
architecture in which call processing, call routing and network management
are provided by means of centralized databases.
"Affliate" means a Person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the tenn 'own' means to
own an equity interest (or the equivalent thereof) of more than 10 percnt.
"Automatic Location Identification" or "ALI" is the automatic display at the
Public Safety Answering Point of the caller's telephone number, the
address/location of the telephone and supplementary emergency services
infonnation for Enhanced 911 (E911).
"Applicable Law" means all laws, statutes, common law including, but not
limited to, the Act, the regulations, rules, and final orders of the FCC, a
stae regulatory authority, and any final orders and decisions of a court of
competent jurisdiction reviewing the regulations, rules, or orders of the
FCC or a state regulatory authori.
"Bil Date" means the date on which a Biling period ends, as identified on
the bil.
"Biling" involves the provision of appropriate usage dat by one
Telecommunications Carrer to another to facilitate Customer Billng wi
attendant acknowledgments and status report. It also involves the
exchange of infonnation between Telecommunications Carrers to process
claims and adjustments.
"Carrier" or "Common Carrer" See Telecommunications Carrier.
"Central Offce" means a building or a space within a building where
transmission facilties or circuits are connected or switched.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C.
Section 332 and FCC rules and orders interpreting that statute.
"Communications Assistance for Law Enforcement Act" or "CALEA" refers
to the duties and obligations of Carrers under Section 229 of the Act.
"Confidential Infonnation" means any infonnation that is not generally
available to the public, whether of a technical, business, or other nature
and that: (a) the receiving Part knows or has reason to know is
confidential, proprietary, or trade secret infonnation of the disclosing Part;
and/or (b) is of such a nature that the receiving Part should reasonably
understand that the disclosing Part desires to protect such information
against unrestricted disclosure. Confidential Infonnation will not include
infonnation that is in the public domain through no breach of this
Agreement by the receiving Part or is already known or is independently
developed by the receiving Part.
"Customer" means the Persn purchasing a Telecommunications Service
or an infonnation service or both from a Carrer.
"Day" means calendar days unless otherwse specified.
"Demarcation Point" is defined as the point at which the LEC ceases to
own or control Customer Premises wiring including without limitation inside
wiring.
"Directory Assistance Datbase" contains only those published and n.
listed telephone number listings obtained by Qwest from its own End U
Customers and other Telecmunications Carrers.
"Directory Assistance Service" includes, but is not limited to, making
available to callers, upon request, infonnation contained in the Directory
Assistance Database. Directory Assistance Service includes, where
available, the option to complete the call at the caller's directon.
"Due Date" means the specific date on which the requested Service is to
be available to the CLEC or to CLEC's End User Customer, as applicable.
"End User Customer" means a third part retail Customer that subscribes
to a Telecommunications Service provided by either of the Parties or by
another Carrer or by tw (2) or more Carrers.
"Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental Response
Compensation and Liabilty Act, Superfund Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
Occupational Safety and Health Act and provisions with similar purposes in
applicable foreign, state and local jurisdictions) or (ii) poses risks to human
health, safety or the environment (including, without limitation, indoor,
outdoor or orbital space environments) and is regulated under any
Applicable Law.
"FCC" means the Federal Communications Commission.
"Interexchange Carrier" or "IXC" means a Carrer that provides InterLATA
or IntraLATA Toll service.
"Line Infonnation Database" or "L1DB" stores various telephone .
numbers and Special Billng Number (SBN) data used by operator servi
systems to process and bil Altemately Biled Services (ABS) calls. The
operator services system accesses L1DB data to provide originating line
(callng number), Billng number and tenninating line (called number)
infonnation. L1DB is used for callng card validation, fraud prevention,
Billng or service restrictions and the sub-accunt infonnation to be
included on the call's Billng record. Telcordia's GR-446-CORE defines the
interface between the administration system and L1DB including specific
message fonnats (Telcordia's TR-NWP-000029, Section 10).
"Line Side" refers to End Ofce Switch connections that have been
programmed to treat the circuit as a local line connected to a tenninating
station (e.g., an End User Customer's telephone station set, a PBX,
answering machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carrier" or "LEC" means any Carrier that is engaged in
the provision of Telephone Exchange Service or Exchange Access. Such
tenn does not include a Carrer insofar as such Carrer is engaged in the
provision of Commercial Mobile Radio Service under Section 332(c) of the
Act, except to the extent that the FCC finds that such service should be
included in the definition of such tenn.
"Loop. or "Unbundled Loop" is defined as a transmission facilty between a
distribution frame (or its equivalent) in a Qwest Central Ofce and the Loop
Demarction Point at an End User Customer's Premises
"Local Service Request" or "LSR" means the industry standard fonns and
supporting documentation used for ordering local services.
November 2, 2010/kjclGreenfly Networks/! Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101021-Q009; CO-CDS-101021-0010; ID-CDS-101021-0011; MN-CDS-101021-Q012;
MT-CDS-1010121-0013; NM-CDS-1010121-0014; ND-CDS-101021-0015; OR-CDS-1010121-0016;
WA-CDS-101021-0017; WY-CDS-1010121-Q018 .
Page 10 of 12
.
.1 DocuSign Envelope ID: 5E0674B6-1 E89-4A2D-B066-0A 1 DE5FBDA 14
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
.sceiianeous Charges" mean charges that Qwest may assess in addition
recurrng and nonrecurrng rates set forth in the Rate Sheet, for activities
CLEC requests Qwest to perform, activities CLEC authorizes, or charges
that. .are a result of CLEC's actions, such as cancellation charges,
~dditional .Iabor and, mainten~nce. Miscellaneous Charges are not already
included in Qwest s recumng or nonrecurrng rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Netwrk Element" is a facilty or equipment used in the provision of
Telecommunications Service or an information service or both. It also
includes features, functions, and capabilties that are provided by means of
such facilty or equipment, including subscriber numbers, databases
signaling systems, and information suffcient for Billng and collecion o~used in the transmission, routing, or other provision of a
Telecommunications Service or an information service or both, as is more
fully described in this Agreement.
"Operational Support Systems" or "OSS" mean pre-ordering, Provisioning,
maintenance, repair and billng systems.
.Order Form" means service order request forms issued by Qwest, as
amended from time to time.
"Person" is a general term meaning an individual or association
cororation, firm, joint-stock company, organization, partnership, trust o~
any other form or kind of entity.
"Port" means a line or trunk connection point, including a line card and
associated peripheral equipment, on a Central Ofce Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilties connected to the Central Offce Switch. Each
Line Side Port is typically assciated with one or more telephone numbers
that serve as the Customer's netwrk address.
amises" refers to Qwests Central Offces and Serving Wire Centers; allbuildings or similar structures owned, leased, or otherwise controlled by
Qwest that house its network facilties; all structures that house Qwest
facilities on public rights-of-way, including but not limited to vaults
containing Loop concentrators or similar structures; and all land owned,
leased, or otherwse controlled by Qwest that is adjacent to these Central
Ofce, Wire Centers, buildings and structures.
"Proof of Authorization" or "POA" shall consist of verification of the End
User Customer's selection and authorization adequate to document the
End User Customer's selection of its local service provider and may take
the form of a third part verification format.
"Provisioning" involves the exchange of information between
Telecommunications Carrers where one executes a request for a set of
products and services from the other with attendant acknowledgments and
staus reports.
"Public Switched Network" includes all Switches and transmission facilties,
whether by wire or radio, provided by any Common Carrer including LECs
IXCs and CMRS providers that use the North American Numbering Plan i~
connection with the provision of switched service.
"Serving Wire center" denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a particular
Customer Premises.
Accss Tandem Switches), and between Tandem Switches within the
Local Callng Area, as descrbed more fully in this Agreement.
"Switch" means a switching device employed by a carrer within the Public
Switched Network. Switch includes but is not limited to End Ofce
Switches, Tandem Switches, Accss Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End OffcefTandem Switches.
"Switched Accss Traffc," as specifically defined in Qwests interstate
Switched Accss Tariff, is traffc that originates at one of the Parts End
User Customers and terminates at an IXC Point of Presence, or originates
at an IXC Point of Presence and terminates at one of the Part's End User
Customers, whether or not the traffc transits the other Parts network.
"Tari as used throughout this Agreement refers to Qwest interstate
Tariff and state Tariff, price lists, and price schedules.
''Telecommunications Carrer" means any provider of Telecomunications
Services, except that such term does not include aggregators of
Telecommunications Service (as defined in Section 226 of the Act). A
Telecommunications Carrer shall be treated as a Common Carrier under
the Act only to the extent that it is engaged in providing
Telecommunications Service, except that the FCC shall determine
whether the provision of fixed and mobile satellte servce shall be treated
as common carrage.
''Telecommunications Services" means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilti used.
"Telephone Exchange Service" means a Service within a telephone
exchange, or within a connected system of telephone exchanges within the
same exchange are operated to fumish to End User Customers
intercommunicating Service of the character ordinarily fumished by a single
exchange, and which is covere by the exchange Service charge, or
comparable Servce provided through a system of Switches, transmission
equipment or other facilties (or combinations thereof) by which a
subscriber can originate and terminate a Telecmmunications Service.
''Trunk Side" refers to Switch connections that have been programmed to
treat the circuit as connected to another switching entity.
''Wire center" denotes a building or space within a building that serves as
an aggreation point on a given Carrer's netwrk, where transmission
facilties are connected or switched. Wire Center can also denote a
building where one or more Centrl Offces, used for the provision of basic
exchange Telecmmunications Services and accss Services, are located.
Terms not otherwse defined here but defined in the Act and the orders and
the rules implementing the Act or elsewhere in this Agrement, shall have
the meaning defined there. The definition of terms that are included here
and are also defined in the Act, or its implementing orders or rules, are
intended to include the definition as set forth in the Act and the rules
implementing the Act.
"Shared Transport" is defined as local interoffice transmission facilties
shared by more than one Carrer, including Qwest, between End Offce
Switches, between End Ofce Switches and Tandem Switches (local and
llvember 2, 2010/kjclGreenfly Networksll Qwest QLSpTM MSA - (v10-15-10)
-CDS-101021-Q009; CO-eDS-101021-0010; ID-CDS-101021-0011; MN-CDS-101021-0012;
-CDS-1010121-Q013; NM-CDS-1010121-Q014; ND-CDS-101021-0015; OR-eDS-1010121-Q016;
WA-CDS-101021-Q017; WY-CDS-1010121-0018 Page 11 of12
DocuSign Envelope ID: 5E0674B6-1E89-4A2D-B066-0A1DE5FBDA14
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITIONS
November 2, 2010lkjclGreenfly Networks!! Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0009; CO-GDS-101021-Q010; ID-CDS-101021-011; MN-CDS-101021-Q012;
MT-CDS-1010121-Q013; NM-CDS-1010121-Q014; ND-CDS-101021-0015; OR-CDS-1010121-0016;
WA-CDS-101021-Q017; WY-CDS-1010121-0018
Page 12 of 12
I,.
.
.
.
,; DocuSign Envelope ID: 5E067486-1 E89-4A2D-B066-0A 1 DE5FBDA 14
.1.0
.
.
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
Qwest will provide Qwest Local Services Platform4i
("QLSp4") Services accrding to the terms and conditions
set forth in the QLSP Agreement betwen the Parties (the
"Agreement") and in this Attchment 2 to the Agrement,
which is incorporated into and made a part of the Agreement
(this "Attchment"). Excpt as otherwise set forth in thisAttachment, capitalized terms used but not otherwse
defined herein have the definitions assigned to them in the
Agreement. CLEC may use QLSP Services to provide any
Telecommunications Services, information services (or both)
that CLEC chooses to offer to the extent that such service
are granted herein or not limited hereby.
1.2.1 Pursuant to the order issued by the FCC
pertining to the avaHabilty of Unbundled Netw Element
("UNE") Loops under Secton 251(c)(3) of the Act in its
Report and Order-Petition of Qwest Corpration for
Forbearance Pursuant to 47 U.S.C. § 160(c in the Omaha
Metropolitan statistical Area, FCC 05-170, WC Docket No.
04-223, (effective September 16, 2005), Qwst will provide
to CLEC the Loop element of QLSP Services purchased in
the following nine Omaha Nebraska Wire Centers under the
terms and conditions of the Agreement and this Attchment
at Rates provided in the Rate Sheet: Omaha Douglas;
Omaha Izard Street; Omaha 90th Street; Omaha Fort Street;
Omaha Fowler Street; Omaha a Street; Omaha 78th Stret;
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; Centrn in Minnesotaonly; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP ResidentiaL.
1.1 General QLSP Service Description.
1.1.1 QLSP Services consist of Local Switching andShared Transport in combination. Qwest Advance
Intellgent Netwrk ("AIN") Services, e.g., remote access
forrding, and Qwest Voice Messaging Services ("VMS")
may also be purchased with compatible QLSP services.
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 and
stutter dial tone. Qwest will provide access to 911
emergency service and directory listings in accrdance with
the terms and conditions of CLEC's interconnection
agreements ("ICAs"), except that the business end user rate
in the applicable tariff applies to all end user premium and
privacy directory listings (with the exception of residential
additional listings, i.e., USOC RL T) when services are
provisioned to CLEC under this Agreement whether CLEC's
end user is a residential end user or a business end user.
As part of the QLSP Service, Qwest combines the Network
Elements that make up QLSP Service with analog/digital
capable Loops, with such Loops (including services such as
line splitting) being provided in accordance with the rates,
terms and conditions of the CLEC's ICAs. CLEC may also
purchase Qwest Commercial High Speed Intemet (HSI)
Service (also known as Qwest Digital Subsriber Lineil
(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 function, 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 softare attributes on end
offce Switches and are listed on the Qwest wholesale
website. Qwest signaling is provided wih Local Switching
solely as described in Section 1.4.2 of this Attachment. The
following Local Switching port are available with QLSP
Service: Analog Line Ports, Digital. Line Port Supporting
Basic Rate Interface-Integrated Services Digital Netwrk
("BRI ISDN"), and Analog Trunk Port.
1.3.1 Analog Line Port. Line Port attributes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detection; audible and power ringing;
Automatic Message Accunting (AMA Recording); and
blocking options.
1.1.2 QLSP Service is available in six different service
arrangements, each of which is described more fully below:
QLSP Residential; QLSP Business; QLSP Centrex
(including Centrex 21, Centrex Plus and, in Minnesota only,Centron); QLSP ISDN BRI; QLSP Public Accss Lines
("PAL"); QLSP PBX Analog DID and non-DID (one way andtw way) trunks.
1.3.2 Digital Line Port Supporting BRI ISDN. BRI ISDN
is a digital architecture that provides integrated voice and
data capabilty (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 8RI 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 intemationally developed, published, and recgnized
standards generated by Intemational Telegraph and
Telephone Union (formerly CCITT).
1.1.3 Nothing in this Attachment or the Agreementprecludes 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 availability of the
equivalent QLSP Service.
1.2 Combination of QLSP Service with Loops. Except as
described below, the Loop wil be provided by Qwest under
the applicable ICAs in effect between Qwest and CLEC at
the time the order is place. As part of the QLSP Servce,
Qwest will combine the Local Swiching and Shared
Transport Netwrk Elements with the Loop.
1.3.3.1 Analog trunk Ports provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or
4-Wire connections. This Trunk Side connection
1.3.3 Analog Trunk Port. DSO analog trunk Port can be
configured as DID, DOD, and tw-way.
November 2, 2010/kjclGreenfly Netwos/! Attchment 2 - QLSPiI- (v8-20-1O)
AZ-CDS-101021-0009; CO-CDS-101021-Q010; ID-CDS-101021-Q011; MN-CDS-101021-0012;
MT-CDS-1010121-0013; NM-CDS-1010121-0014; ND-CDS-101021-0015; OR-CDS-1010121-0016;
WA-CDS-101021-0017; WY-CDS-1010121-Q018
.."
DocuSign Envelope ID: 5E0674B6-1E89-4A2D-B066-0A1DE5FBDA14 I,
inherently includes hunting wiin the trnk group.
QWEST LOCAL SERVICES PLATFORMlI AGREEMENT
ATTACHMENT 2-QLSPlI Service Description
and terminating line (called number) information; callng card .
validation; fraud prevention; Biling or service restnctions;
sub-accunt information to be included on the call's Billng
record; and callng card, biled to third number, and collect
call information used in processing Alternately Biled
Services (ABS).
1.3.3.2 All trunks are designe as 4-Wire leaving
the Central Ofce. For 2-Wire servce, 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 trunk is equipped with DID call transfer
feature, both the trunk and telephone instrments
must be equipped with DTMF.
1.4.5 The ICNAM database is used with certin end
offce Swich features to provide the callng part's name to
CLEC's End User Customer with the applicable feature
capabilty. The ICNAM database contains current listed
name data by working telephone number served or
administered by Qwest, including listed name data provided
by other Telecomunications Carners participating in
Qwsts calling name delivery servce arrangement.1.3.3.4 Two-way analog DID trnks reuire E&M
signaling. Qwest wil use Type i and II E&M
signaling to provide these trunks to the PBX. Type II
E&M signaling from Qwest to the PBX will be
handled as a special assembly reuest on an
Individual Case Basis.
1.4.6 Qwest will provide the listed name of the callng
part that relates to the callng telephone number (when theinformation is actually available in Qwests database and the
delivery is not blocked or otherwise limited by the callng
part or other appropnate request).1.3.4 Usage. Local Switching Usage is biled on a
Minute of Use ("MOU" basis as descnbed 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 servce orders. CLEC is responsible for
the accracy of its End User Customers' information.1.4 Vertical Features and Ancilary Functions and Services.
1.4.1 QLSP Service indudes nondiscnminatory accss to
all vertical features that are loaded in the Local seing
Qwest end offce switch.
1.4.8 Qwst wil exercise reasonable efforts to provide
accurate and complete L1DB and ICNAM information. The
information is provided on an as-is basis with all faults.
Qwst does not warrnt or guarantee the correctness or the
completeness of such information; however, Qwest wil
acces the same database for CLEC's QLSP End user.
Customers as Qwest accsses for its own End User
Customers. Qwest wil not be liable for system outage or
inacceibilty or for losses ansing from the authorized use of
the data by CLEC.
1.4.2 Local Switching indudes use of Qwests signaling
network (ISUP call set-up) solely for Local Traffc. "Local
Traffc" and "Local Calls" means calls that onginate and
terminate within the Local Callng Area as defined in the
Qwest tanff. Qwest wil provide service control points in the
same manner, and via the same signaling links, as Qwest
uses such service control point and signaling links to
provide service to its End User Customers served by that
switch. Qwests call related databases include the Line
Information Database (L1DB), Intemetwrk Calling Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portbilty Database. CLEC
wil not have access to Qwests AIN-based servces that
qualify for propnetary treatment, except as expressly
provided for in the Agreement or this Attachment. Local
Switching does not include use of Qwest's signaling network
for Toll Traffc. "Toll Traffc. and "Toll Calls" means intra local
access and transport area ("LATA") or interLTA calls that
onginate and terminate outside of the Local Callng Area as
defined in the Qwest tanff. For all Toll Traffc onginated by
or terminated to CLEC's QLSP End User Customer, Qwest
may bil applicable tanff charges, including SS7 message
charges (ISDN User Part (ISUP) and Transacton
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-
discnminatory access to Qwests L1DB database and ICNAM
database as part of the delivery of QLSP Service.
1.5.1 Shared Transport. The Shared Transport
Netwrk Element ("Shared Transport") provides the
collective interoffce transmission facilties shared by vanous
Carrers (including Qwest) between end-offce switches and
between end-offce switches and local tandem switches
within the Local Callng Ara. Shared Transport uses the
existing routing tables resident in Qwest switches to carr
the End User Customets onginating and terminating
local/extended area service interoffce Local traffc on the
Qwest interoffce message trunk network. CLEC traffc will
be carred on the same transmission facilities between end-
offce switches, between end-offce switches and tandem
switches and between tandem switches on the same
network facilties that Qwest uses for its own traffc. Shared
Transport does not include use of tandem switches or
transport between tandem switches and end-offce switches
for Local Calls that originate frm end users served by non-
Qwest Telecommunications Carrers ("Carrier(s)" which
terminate to QLSP End Users.
1.4.4 The L1DB database contains the following data:
vanous telephone line numbers and special billng number
(SBN) data; originating line (callng number); biling number
November 2, 2010/kjc/Greenfly Networks/l Attachment 2 - QLSPlI- (v8-20-10)
AZ-CDS-101021-Q009; CO-eDS--101021-010; ID-CDS-101021-0011; MN-CDS-101021-0012;
MT-CDS-1010121-0013; NM-CDS-1010121-0014; ND-CDS-101021-0015; OR-CDS-1010121-Q016;
WA-CDS-101021-0017; WY-CDS-1010121-0018 .
2
.
.
.
DocuSign Envelope ID: 5E0674B6-1 E89-4A2D-B066-0A 1DE5FBDA 14
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
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
access tandems. Use of accss tandem switches are not
included in the Agreement or this Attchment and access
tandem charges, if any, may be biled by Qwest to the IXC(s)
under the applicable access tarif.
except for those Loops that are otherwse provided for in the
Agreement.
1.6.4 QLSP PAL is available to CLEC for only CLEC's
Payphone Service Providers (PSPs) and is the cobination
of an analog Line Side Port and Shared Transport provided
under the Agreement with an analog - 2 wir voice grade
Loop provided in accordance with CLEC's ICAs, except for
those Loops that are otherwise provided for in the
Agrement.
1.5.3 IntraLATA and InterLATA Carrier Designation.
QLSP includes the capabilty for selection of the interLTA
and intraLATA Toll provider(s) on a 2-Primary Interexchange
Carrier (PiC) basis. CLEC wil designate the PIC
assignment(s) on behalf of its End User Customers for
interLTA and intraLATA Service. All CLEC initiated PIC
changes will be in accordance with all Applicable Laws, rules
and reulations. Qwest will not be liable for CLEC's
improper PIC change requests.
1.5.4 Qwest IntrLATA 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 wil bil CLEC and CLEC wil pay Qwest
the rates contained or reference in the attched Rate
Sheet.
1.6.5 QLSP PBX is available to CLEC for CLEC's
business End User Customers.
1.6.5.1 PBX analog non-DID trnks are combinations
of an analog Line Side Port and Shared Transport
provided under the Agreement with an analog - 2 wire
voice grade Loop provided in accrdance wi CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog . 2 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in the Agreement.
1.5.5 Usage. Shared Transport is billed on a MOU
basis as described wihin this Attchment. Rates for
.Shared Transport Usage" or .Shared Transport MOUs. are
provided in the QLSP Rate Sheet.
1.6.5.3 PBX with analog 2- way DID trnks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 4 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
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
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except for those
Loops that are otherwise provided for in the Agreement.
1.6.6 QLSP Residential is available to CLEC for CLEC's
residential End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except as
otherwise provided for in the Agreement. QLSP Residential
may be ordered and provisioned oniy for residential End
User Customer application. The definition of residential
service is the same as in Qwests retail tariff as applied to
Qwests End User Customers.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Services
include Centrex 21, Centrex Plus and, in Minnesota only,
Centron, and are the combination of an analog Line Side
Port and Shared Transport provided under the Agreement
with an analog - 2 wire voice grade Loop provided in
accrdance with CLEC's i CAs , except for those Loops that
are otherwise provided for in the Agreement.
1.6.6.1 In order for CLEC to receive QLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must identify
residential end users by working telephone number
(WN) utilzing the LSR proess as described in the
Qwest whlesale website.
1.6.2.1 CLEC may request a conversion frm Centrex
21, Centrex-Plus or Centron service to QLSP Business or
QLSP Residential. The Conversion NRC(s) provided in
the Rate Sheet wil apply.2.0 Additional Terms and Conditions and Service Features.
1.6.2.2 Qwest will provide access to Customer
Management System (CMS) with QLSP-Centrex at the
rates set forh in the Rate Sheet.
2.1 Qwest doeS not warrant the availability of facilities at any
serving wire center. QLSP Services will not be available if
facilties are not available. Qwest represents and warrants
that it will not otherwise restrict facilities eligible to provide
QLSP Service and that any and all facilties that would
otherwise be available for retail service to a Qwest End User
Customer wil be considered eligible for use by CLEC for
QLSP Service to serve that same End User Customer.
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 (supporting BRI ISDN), and Shared Transport
provided under. the Agreement with a Basic Rate ISDN-
capable Loop provided in accordance with CLEC's ICAs,
November 2, 2010/kjclGreenfly Networksll Attchment 2 - QLSP~ - (v8-20-1O)
AZ-CDS-101021-0009; CO-CDS--101021-Q010; ID-CDS-101021-0011; MN-CDS-101021-0012;
MT-CDS-101'0121-0013; NM-CDS-1010121-0014; ND-CDS-101021-0015; OR-CDS-1010121-Q016;
WA-CDS-101021-0017; WY-CDS-1010121-0018
3
DocuSign Envelope ID: 5E0674B6-1E89-4A2D-B066-0A1DE5FBDA14 "
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
U.S.C. §251. .2.2 Loop Start ("LPS") to Ground Start ("GST") and GST to
LST Changes ("LPS/GST Change") are available with
QLSP Services. POTS Servce (e.g., a QLSP Centrx 21
line) can functionally and opertionally be provisione as
either LPS or GST. Unless specically reuested otherwse,
Qwest provisions POTS Service as LPS. GST is generlly
provisioned for Private Branch Exchange ("PBX") ty
services. LPS/GST Changes allow the CLEC to request a
facility served by LPS to be changed to GST or vice vera.
Additional infonnation and ordering requirements are
detailed on the Qwest Wholesale website.
Accss to 911/E911 emergency Servces for CLEC's End
User Customers will be available in accordance with CLEC's
ICAs. If Qwest is no longer obligated to provide accss to
911/E911 emergency services in accordance with 47 U.S.C.
§251 , Qwest will then provide such services under the
Agreement with respect to all CLEC QLSP Service End User
Customers and new QLSP Service End User Customers, to
the same degree and extent that 911/E911 emergency
services were provided by Qwest prior to the elimination of
911/E911 emergency services as an obligation under 47
November 2, 2010/kjdGreenfly Networks/! Attachment 2 - QLSP~ - (v8-20-10)
AZ-CDS-101021-0009; CO-CDS-101021-0010; ID-CDS-101021-0011; MN-CDS-101021-0012;
MT-CDS-1010121-D013; NM-CDS-1010121-D014; ND-CDS-101021-0015; OR-CDS-1010121-0016;
WA-DS-101021-D017; WY-CDS-1010121-0018
2.3
2.2.1 The Subsequent Order Charge provided in the
QLSP Rate Sheet and the Qwest retail Tariff nonrecurrng
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, wil be added to service orders
requesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwest will provide to CLEC
certain originating and tenninating call records ("usage
infonnation") generated by CLEC's QLSP end user via a
DUF.
2.3.1 Qwest wil provide to CLEC Local Call usage
infonnation within Qwests control with respect to cals
originated by or tenninated to CLEC QLSP End User
Customers in the fonn of the actual infonnation that is
comparable to the infonnation Qwest uses to bil its own End
User Customers.
2.3.2 Qwest wil provide to CLEC usage infonnation
necessary for CLEC to bil for interLATA and intraLATA
exchange access to the IXC (e"Cluding intrLATA usage
infonnation if Qwest LPIC 5123 is selected as the intrLATA
Toll provider) in the fonn of either the actal usage or a
negotiated or approved surrogate for this infonnation, as
such biling is described and allowed under section 3.7 of
this Attachment. These exchange accss 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 intrLATA toll.
2.3.4 Local Call usage records will be provided as
Category 01 or Category 10 EMI records via the DUF.
Tenninating Local Call usage records are not collected or
available and wil 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.
2.5
2.6 Qwst AIN and VMS are offered on a commercial basis and
may be purcased with QLSP at the rates set forth in the
attched Rate Sheet. Retail promotions may not be
combined with QLSP.
2.7 If Qwest develops and deploys new local switch features for
its End User Customers, those switch features wil be
available with QLSP Service in the same areas and subject
to the same limitations. The rates that Qwest charges for
such new local switch features will not in any case be higher
than the retail rate Qwest charges for such features.
2.8 Nothing in the Agreement alters or affects CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
2.9 Qwest Operator Services and Directory Assistance Services
are provided under the tenns and conditions of CLEC's
ICAs.
3.0 Rate and Charges.
3.1 The recurrng ("MRC") and NRC rates for QLSP Services
and all associated QLSP applicable usage-based rates and
miscllaneous charges are set forth or incorporated by
reference into the attched QLSP Rate Sheets. Rates for
QLSP Services are in addition to the applicable rates for
elements and Services provided under CLEC's ICAs.
Applicable intercarrer compensation rates and charges
(such as access charges, reciprocal compensation, andother charges for elements and services) are applicable and .
are provided under a separate Agreement or Tariff.
QLSP rates Effive Date through Term. Starting on the
Effecve 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 wil be adjusted annually,
effective January 1 of each year through the tenn of the
Agrement. 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 for which CLEC
qualifies. Basic Plan MRCs wil apply if CLEC does not
qualify for any discount.
3.2
3.2.1 90% YOY Volume Retention Plan: If the
number of CLEC's QLSP total lines as of October 31 of
each year equals or exceeds 90% of the sum of
CLEC's QLSP total lines as of October 31 of the
preceding year, CLEC will qualify for a 10% discount off
of the Business Port and a 2% discount off of the
Residential Port MRCs applicable during the next
calendar year.
3.2.4 115% YOY Volume Growh Plan: If the
number of CLEC's total QLSP lines as of October 31 of
each year equals or exceeds 115% of the sum of
CLEC's total QLSP lines as of October 31 of the
preceding year, and the YOY line increase is equal to
or greater than one thousand five hundred (1,500)
QLSP lines, CLEC will qualify for a 30% discount off of .
4
DocuSign Envelope ID: 5E0674B6-1E89-4A2D-B066-0A1DE5FBDA14
.
.
.
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
the Business Port MRCs and a 6% discont off of the
Residential Port MRCs applicable during the next
calendar year.
3.7.3 Transit. For any call originated by an end user
served by a Carrer that routes through Qwests netwrk and
which terminates to a QLSP End User, Qwest retains its
rights to bil the originating carrer Transit charges for that
call under the originating Carrets Agreement.
3.3 For purposes of counting CLEC's total QLSP lines in section
3.2 as of October 31 of each year, Qwest will include all
QLSP lines, if any, from the previous year. For example, to
determine 2011 QLSP rates, Qwest wil use the total number
of CLEC's QLSP lines as of October 31,2009 compare to
CLEC's total number of QLSP lines as of October 31, 2010
in order to calculate CLEC's discount eligibilty on January 4,
2011. Each subsequent adjustment will be effective on each
January 1 during the term of the Agreement.3.8 Local Switching Usage and Shared Transport Minute of
Use (MOU) This secion descrbes the use of the Qwst
network for different call types originated by or terminated to
QLSP End Users. This section does not affect Qwests
rights to charge IXCsfor signaling as described in Section
1.4.2 of this Attchment.
3.7.4 Other. Qwest retains its right to bil IXCs or other
carrers, as applicable, any and all other access charges
and assesments not expressly addressed in this section,
including but not limited to flat rate transport charges, in
accordance with the applicable Tariff
3.4 Except as otherwse provided herein, 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.
3.4.1 Loops provided under the Agreement. Upon
thirt (30) Days notice via the standard commercial
notification process, Qwest may change monthly recurrng
charges for the Omaha, Nebraska Loop elements provided
under the Agreement. Additionally, notwthstanding the
rates reflected in the Nebraska QLSP Rate Sheet, the
Parties understand and agree that Qwest has the right to
adjust commercial port rates in Nebraska after the Nebraska
PSC issues a final order related to Application No.
C-3554!PI-112 and CLEC's continued use of any Services in
Nebraska constitutes its acceptance of such updated rates.
3.8.1 Originating IntraOffce Local Calls - This
originating Local Call requires switching by the locl serving
Qwest end offce Switch only. When this call tye is
originated by a QLSP End User, Local Switch Usage
charges provided in the QLSP Rate Sheet wil apply. For
these call tyes that also terminate to an end user served by
a Carrer, Qwest may pay that carrier certin terminating
compensation charges under terms and conditions of a
separate ICA.
3.5 CLEC will be responsible for billing its QLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statue, regulation or as otherwse
required.
3.8.2 Originating InterOffce Local Calls. This
originating Local Call requires switching by the local serving
Qwest end offce and other interoffce switching for Local
traffc. When this call type is originated by a QLSP end user,
Local Switch Usage per MOU and Shared Transport per
MOU charges provided in the Rate Sheet will apply. For
these call tyes that also terminate to an end user served by
a non-Qwest Carrier, Qwest may pay that Carrer certin
terminating compensation charges under terms and
conditions of a separate ICA
3.6 CLEC will pay Qwest the PiC change charge associated with
CLEC End User Customer changes of interLATA or
intra LATA Carrers. Any change in CLEC's End User
Customers' interLATA or intra LATA carrer must be
requested by CLEC on behalf of its End User Customer.
3.7 3.8.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local serving Qwest end offce.
If the QLSP End Usets selected IXC does not have direct
trunking to the local servng Qwest end offce, Shared
Transport is required to deliver that call to the Acces
Tandem for delivery to the IXC. When this call type is
originated by a QLSP end user, Local Switch Usage
provided in the QLSP Rate Sheet applies. Additionally, if
Shared Transport is necessary to deliver the call to the
Access Tandem, Shared Transport Usage charges provided
in the QLSP Rate Sheet will apply. For these call types that
require Shared Transport, Qwest retains its rights to bil the
IXC for Tandem elements under the Tariff.
Intercarrier Compensation. Except as specifcally
described in this Section, the Agreement does not change or
amend applicable intercarrier compensation arrangements
(including but not limited to Switched Access, Signaling, orTransit charges) between any parties, including between
Qwest and Carriers or IXCs.
3.7.1 Switched Access. For QLSP End User
Customer(s), Qwest wil not charge to or collect from the IXC
usage based end office and loop Switched Accss charges
(such as Switched Accss Local Switching, End Ofce
Shared Port, Tandem Transmission and Carrer Common
Line) for InterLATA or IntraLATA Toll Calls originating or
terminating from that QLSP End User Customets line to an
IXC.
3.8.4 Terminating IntraOfce and InterOffce Local
Calls. This terminating Local Call requires switching by the
local 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 from an end
user served by a Carrer, Qwest retains it rights to bHl that
Carrer certin Transit charges as descried in Section 3.7
above.
3.7.2 Signaling. Qwest retains its rights to charge IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as L1DB,
ICNAM and 8XX) associated with interLATA and intraLATA
Toll calls originated by or terminated to a QLSP End User
under the applicable Tari.
November 2, 2010!kjc/Greenfly Netwrks!! Attachment 2 - QLSPiI - (v8-20-10)
AZ-CDS-101021-0009; CO-eDS--101021-0010; ID-CDS-101021-Q011; MN-eDS-101021-0012;
MT-CDS-1010121-0013; NM-CDS-1010121-0014; ND-CDS-101021-0015; OR-CDS-1010121-Q016;
WA-CDS-101021-0017; WV-CDS-1010121-Q018
5
DocuSign Envelope ID: 5E0674B6-1E89-4A2D-B066-QA1DE5FBDA14
QWEST LOCAL SERVICES PLATFORM if AGREEMENT
ATTACHMENT 2-QLSPIf Service Description
The Partes will provide each other with points of contact for .
order entry, problem reolution, repair, and in the event
special attention is required on service request.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
Call always requires switching by the local servng Qwest
end offce. If the originating caller's IXC does not have direct
trunking to the QLSP end user's local serving Qwst end
offce switch, Shared Transport is. required to terminate th
call to the receiving QLSP end use. When this call ty is
terminated to a QLSP end user, Local Swich Usae
charges provided in the Rate Sheet will apply. Aditonally,
if Shared Transport is necesary to deliver the call to the
QLSP end user from the access tandem, Share Transport
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, Qwest retains
its rights to bil the IXC for Tandem elements under the
Tariff.
3.8.6 Originating Toll Calls when QC is the
IntraLATA Toll provider. See Section 1.5.4 above.
3.9 Qwest wil have a reasonable amount of time to implement
system or other changes necessary to bil CLEC for rates or
charges assciated with QLSP Services
4.5
5.0 Qwst wil bill 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-account information. If CLEC needs
additional or different billng information in order to properly
bil its End Users or other Carriers (including Qwest), Qwest
will work with CLEC in good faith to deliver such information.
3.10 QLSP Services have a one-month minimum servce period
requirement for each CLEC End User Customer. The one-
month minimum service period is the period of time that
CLEC is required to pay 100% of the MRC for the Service
even if CLEC does not retain Service for the entire month.
QLSP Services are biled month to month and will after the
one month minimum service period is satisfied be pro-rated
for partial months based on the number of days Service was
provided.
6.0
6.1
Maintenance and Repair.
Qwest will maintain facilties and equipment that comprise
the QLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnec or attempt
to repair Qwest facilties or equipment, other than by
connection or discnnection to any interface betwen Qwest
and the End User Customer, without the wrtten consent of
Qwest.
3.11 The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing servce,
including changing a telephone number, initiating or
removing suspension of Service, denying or restoring
service, adding, removing or changing features, and other
similar requests.
6.2 Qwst will provide general repair and maintenance Services
on its facilities, including those facilities supporting QLSP
Servces purchased by CLEC. Qwest wil repair and restore
any equipment or any other maintainable component that
adversely impact CLEC's use of QLSP Service. Qwest and
CLEC will cooperate with each other to implement
procedures and processes for handling service-affecting
events. There will be no charge for the Services provided
under this Section 6, except as set forth in the Rate Sheet.
4.0 Systems and Interfaces.
7.0 Commercial Perfrmance Measures and Reporting,.
Performance Target and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
indicated on Signature Page).
Each Part will provide suitably qualified personnel to
perform its obligations under the Agreement and all QLSP
Servces in a timely and effcient manner with dilgence and
care, consistent wih the professional standards of practice
in the industry, and in conformance with Applicable Law.
The QLSP Service attributes and process enhancements are
not subject to the Change Management Process ("CMP").
CLEC proposed changes to QLSP Servce attributes and
process enhancements wil be communicated through the
standard account interfaces. Change requests common to
shared systems and processes subject to CMP will continue
to be addressed via the CMP procedures.
4.1 Qwest and CLEC will support the use of current OSS
interfaces and OSS business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time.
7.1
7.2 Qwest wil provide commercial performance measurements
and reporting against established performance targets with
QLSP Service. The following performance measurements
wil 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.
4.2 QLSP Services are ordered utilzing the LSR process as
described in the Qwest wholesale website.
7.3 Commercal measurement definitions, methodologies,
performance targets and reporting requirements are set forth
in Attachment 3 to the Agreement. Qwest wil provide CLEC
with the raw data necessry to allow CLEC to disaggregate
results at the state leveL. Reporting of these performance
4.3 Prior to placing an order on behalf of each End User
Customer, CLEC will be responsible for obtaining and wil
have in its possession a Proof of Authorization as set forth in
the Agreement.
November 2, 2010/kjclGreenfly Networksll Attchment 2 - QLSPIf - (v8-20-10)
AZ-GDS-101021-0009; CO-GDS-101021-0010; ID-CDS-101021-0011; MN-CDS-101021-0012;
MT-CDS-1010121-Q013; NM-CDS-1010121-Q014; ND-CDS-101021-0015; OR-CDS-1010121-Q016;
WA-CDS-101021-Q017; WY-CDS-1010121-Q018
4.4 When Qwest or another provider of choice, at the Énd User
Customer's request, orders the discontinuance of the End
User Customer's existing service with CLEC, Qwest wilrender its closing bil to CLEC effective as of the
disconnection. Qwest will notify CLEC by FAX, OSS
interface, or other agreed upon processes when an End
User Customer moves to Qwest or another service provider.
Qwest will not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End
User Customer..
6
DocuSign Envelope ID: 5E0674B6-1E89-4A2D-B066-0A1DE5FBDA14
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.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT2-QLSP~ Service Description
measures wil be applied for activity beginning the first full
month of service afer January 4, 2011.
that PAP are incorprated by referenced into, and made a
part of, this Attchment. Subsequent changes to the PIDs or
PAP submitted to the WUTC will be incorporated into the
applicable exhibit as soon as they are effctive either by
operation of law or WUTC order, whichever occurs first and
without further amendment to this Attchment.
7.4 CLEC will be entitled to service credits only for each
instance of a missed installation commitment and each
instance of an out of service condition that is not cleared
within 24 hours occurrng after January 4, 2011. All service
credits will be applied automatically by Qwes! as credit
against CLEC's bil for the biling period following the one in
which the credits were accrued. Credits for Services
provided under the Agreement wil be applied for activity
beginning the first full month after January 4, 2011. Any
credits or payments related to the Service provided prior to
the first full month following January 4, 2011 and in
accordance with CMP, PID, PAP or any other wholesale
service quality standards will no longer be applied beginning
the first full month after January 4, 2011.
Notwthstanding the dispute resolution provisions in the
Agreement, the Parties will resolve any dispute, claim or
controversy arising out of, or relating to, the PIDand/or PAP
under the dispute resolution proces descrbed in the PAP.
8.3 To select the Service Performance Measures and Reporting
and Performance Assurance Plan (pID/PAP) option, CLEC
must be a certified CLEC under applicable state rules and
have elected the PID and PAP under its Washington
interconnection agreement with Qwest.
8.4 Eligible QLSP Services will be included in the UNE-P PAP
results beginning the first full month following the Effective
Date of the Agreement.
8.5
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
nonrecurrng charge contained in the Agreement for
that order type in calculating the credit. The definition
of a "missed installation commitment" and the
associated exclusions are described in Attachment 3 to
the Agreement.
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Qwest, through its
own fault, fails to resolve within 24 hours, Qwst wil
provide a service credit equal to one day's recurrng
charge (monthly recurring charge divided by 30) for
each day out of service beyond the first 24 hours. (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEC will be entitled to a credit equal to the
monthly recurrng charge divided by 30. If the out-of-
service condition existed for 48 to 71 hours, the credit
would equal two times the monthly recurrng charge
divided by 30).
8.0 Service Performance Measures and Reporting and
Performance Asurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selected by CLEC as indicated
on the Signature Page to the Agreement).
If selected by CLEC under the terms and conditions of the
Agreement and this Attachment, Qwest wil, in Washington
only, provide performance measurements, reportng, and
remedies compliant with the Washington Performance
Indicator Definitions rpIDs") and the Qwest Washington
Performance Assurance Plan ("PAP") for the Services, if
eligible, provided under the Agrement and this Attchment.
Only in the state of Washington, and only if expressly
selected by CLEC under the terms and conditions of the
Agreement and this Attchment, does this PID and PAP
replace, in their entirety, the Commercial Performance
Measures and Reporting, Performance Targets and Service
Credits terms and conditions for Servces provided under the
Agreement and this Attchment outlined in Section 7.0 of
this Atchment.
8.1
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
November 2, 2010/kjclGreenfly Networks/I Attchment 2 - QLSP~ - (v8-20-10)
AZ-CDS-101021-0009; CO-CDS--101021-0010; ID-CDS-101021-D011; MN-CDS-101021-0012;
MT-CDS-1010121-D013; NM-CDS-1010121-0014; ND-CDS-101021-0015; OR-CDS-1010121-D016;
WA-CDS-101021-D017; WY-CDS-1010121-0018
7
,.
DocuSign Envelope ID: 5E0674B6-1 E89-4A2D-B066-0A 1DE5FBDA 14
.ATTACHMENT 3
Performance Targets for Qwest QLSp™ Service
.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
"
DocuSign Envelope ID: 5E0674B6-1E89-4Ä2D-B066-0A1 DE5FBDA 14
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 through IMA-GUI and IMA-EDI interfaces that receive an FOC
during the reporting period, subject to exclusions specified below. (Acknowledgments sent
separately from an FOC (e.g., EDI 997 transactions are not included.)
· For FOC-1A, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwests response with a FOC notification (notification date and time).
. For FOC-1B, 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 will be evaluated accrding 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: Regional level.Individual CLEC . FOC-1A: FOCs provided for fully electronic LSRs received via IMA- .
GUI or IMA-EDI
FOC-1B: FOCs provided for electronic/manual LSRs received via
IMA-GUI or IMA-EDI
Formula:
FOC-1A = HCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR
received date/time (based on scheduled up time))" is within 20 minutes) -(Total Number of
original FOC Notifications transmitted for the service category in the reporting period)l x 100
FOC-1 B = HCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (Application
Date & Time)" is within the intervals specified for the service category involved) -(Total
Number of original FOC Notifications transmitted for the service category in the reporting
oeriodH x 100
.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 2
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DocuSign Envelope ID: 5E0674B6-1E89-4A2D-B066-0A1DE5FBDA14
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.
.
Exclusions:.LSRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the
"Performance Targets" section below, or service/request types, deemed to be projects.
.Hours on Weekends and holidays. (Except for FOC-1A, which only excludes hours outside the
scheduled system up time.).LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the measure definition..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid startston dates/times.
Product Reporting:Performance Taraet:
FOC-1A 95% within 20 minutes
QLSP-POTS
FOC-1B 95% within standard FOC
intervals (specified below)
Standard FOC Intervals
Product Group NOTE 1 FOC
Interval
QLSP-POTS (1-39 lines)FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
Performance wil be measured
beginning the first full month of
QLSP service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
product tvne are considered ICB.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 3
~\
DocuSignEnvelope 10; 5E0674B6-1E89-4A2D-B066-QA 1 DE5FBDA 14
ICM.1 . Installation Commitments Met
Purpose:
Evaluates the extent to which Owest installs services for Customers by the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
· All inward orders (Change, New, and Transfer order types) assigned a due date by 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 I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional level.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1B No dispatches.
· Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
ICM-1C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) -(Total Orders
Completed in the Reporting Period)) x 100 .
Exclusions:
· Disconnect, From (another form of disconnect) and Record order types.
· Due dates missed for standard categories of customer and non-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 c~stomer premises, and customer hold for
payment. Standard categories of non-Owest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving offcial company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the measure definition.
.
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 4
DocuSign Envelope tD: 5E067486-1 E89-4A2D-B066-0A 1 DE5FBDA 14
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.
.
Product Reporting Performance Target:
MSA-Tvne:
QLSP.POTS QLSP.POTS (Dispatch and No Dispatch)195%
Zone-Type:
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 5
DocuSignEnvelope ID: 5E0674B6-1E89-4A2D-B066-0A 1 DE5FBDA 14
011.1 . Order Installation Interval
Purpose:
Evaluates the timeliness of Owests 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
Owest and which are completed/closd 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 Owest changes a due date for Owest
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 Owest-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
Owest-initiated due date, if anr, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional level.
Individual CLEC . Results for productservices listed in Product Reporting under "MSA Type
i! Disaggregation" will be reported according to orders involving:01l-1A Dispatches (Includes within MSA and outside MSA); and
01l-1B 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:
-((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.
.
ATTACHMENT3 - Performance Targets for Qwest QLSp™ Service
Page 6
DocuSign Envelope ID: 5E0674B6-1E89-4A2D-B066-0A1DE5FBDA14
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.
.
Re orted As:
Avera e business da s
Zone-T e-
Performance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
6 Days
3.5 Days
Availabilty:Notes:
1. According to this definition, the Applicable Due Date can
change, per successive CLEC-initiated due date changes or
delays, up to the point when a Qwest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(Le., with no further changes) as the date on which it was set
prior to the first Qwest-initiated due date change, if any.
Following the first Qwest-initiated due date change, any further
CLEC-initiated due date changes or delays are measured as
time intervals that are subtracted as indicated in the formula.
These delay time intervals are calculated as stated in the
description. (Though infrequent, in cases where multiple
Qwest-initiated due date changes occur, the stated method for
calculating delay intervals is applied to each pair of Qwest-
initiated due date change and subsequent CLEC-initiated due
date change or delay. The intervals thus calculated from each
pairing of Qwest and CLEC-initiated due dates are summed
and then subtracted as indicated in the formula.) The result of
this approach is that Qwest-initiated impacts on intervals are
counted in the reported interval, and CLEC-initiated impacts on
intervals are not counted in the reported intervaL.
Performance wil be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service Page?
DocuSign Envelope ID: 5E0674B6-1E89-4A2D-B066-0A 1 DE5FBDA14
00524-1 - 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. report 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 producUservices listed in Product Reporting under "MSA Type
Disaggregation" will 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 iñ Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
00S24-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Report closed in the reporting period that are cleared within 24
hours) -(Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100 .
Exclusions:
. Trouble reports coded as follows: '-.
. For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit
Found OK, and Miscellaneous - Non-Dispatch, non-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 (NT F), Test
OK (TOK), Carrier Action (lEG) 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 offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the measure definition..
ATTACHMENT 3 - Perfonnarice Targets for Qwest QLSP TM Service
Page 8
DocuSign Envelope ID: 5E0674B6-1 E89-4A2D-B066-0A 1 DE5FBDA 14
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.
.
Product ReDortina:Performance Taraets:
MSA-Tvne -
.. 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).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 9
OocuSignEnvelope 10: 5E0674B6-1E89-4A2D-B066-0A1 DE5FBDA 14
MTTR-1 - Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusinQ how long it takes to restore services to proper operation.
Description:
Measures the average time taken to clear trouble reports.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified below.
· Includes customer direct reports, customer-relayed report, and test assist reports that result in a
trouble report.
· Time measured is from date and time of receipt to date and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Hours and Minutes
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
MTTR-1A Dispatches (Includes within MSA and outside MSA); and
MTTR-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
MTTR-1C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
-((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) -(Total number of
Trouble Reports closed in the reportng period)
Exclusions:. Trouble reports coded as follows: .
- For 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), Carrer Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Owest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
· Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement per the measure definition.
.
ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 10
DocuSign Envelope JD: 5E0674B6-1 E89-4A2D-B066-DA 1 DE5FBDA 14
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.
Product Reporting:Peñormance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-TvDe -.
Availabilty:Notes:
Penormance wil be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 11
DocuSignEnvelope 10: 5E0674B6-tE89-4A2D-B066-0A1 DE5FBDA 14
TR-1 - Trouble Rate
Purpose:
Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or
element.
Description:
Measures trouble reports by product and compares them to the number of lines in service.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified
below.
. Includes all applicable trouble report, including those that are out of service and those that are
onlv service-affectina.Reporting Period: One month Unit of Measure: Percent
.
Reporting Individual CLEC Disaggregation Reporting: Regional leveL.
Formula:
((Total number of trouble reports closed in the reporting period involving the specified service
grouping) -(Total number of the specified services that are in service in the reporting period)) x 100
Exclusions:
. Trouble reports coded as follows:
- For products measured from MT AS data (product listed for MSA-type, trouble report coded
to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network
Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer Instruction, Carrer,
Alternate Provider).
. For products measured from WFA (Workorce Administration) data (products listed for Zone-
type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrier Action (lEe) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Owest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type".
. For products measured from MT AS data (products listed for MSA-type, trouble reports involving a
"no access" delay.)
· Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missina data essential to the calculation of the measurement Der the measure definition.
.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 12
DocuSign Envelope ID: 5E0674B6-1E89-4A2D-B066-0A1DE5FBDA14
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.
Product Reporting:Penormance Target:
MSAType:
.... QLSP-POTS Diagnostic
Zone Type: .
Availabilty:Notes:
Penormance will be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 13
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.. \~ ~ ID 5E0674B6.1E89-A2D~B06ßA1De5FBDA14
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Qwest Local Services Platform™ (QLSpTM) Rate Page . Idaho
Janua 4,2011 throu h Term*
"j .
109.8 Shared Transaort Purchased As Part of QLSP'"
109.8.1 QLSP'. Residential, Business and PAL In ID.S Per MOUl I SO.0011100
109.8.2 QLSP'" Centrex, ISDN BRI, PAL In ID-N, and PBX AnalD TNnks (Per IIne/trnk\UGUST $0.35
109.11 Local SwllchlnnPurchased As Part of QLSP'"
109.11.1 Ports Basic Plan
109.11.1.1 Analoa Port $6.21
109.11.1.2 Residential end user credit LAWUR ($3.07 1
109.11.1.3 Effective QLSP'. Residential Analoo Port $3.14 1
109.11.1.4 Diaital Port Suooortino BRIISDN\~17.40
109.11.1.5 PBX DID Port $7.30
109.11.2 IntentionaU; Blank
109.11.3 Port If 90% YOY Volume Retention Plan Reaulrements Ar Met
109.11.3.1 Analoa Port $5.59
109.11.3.2 AnateD Port Residential end user credit LAWUR 1$2.51 1
109.11.3.3 Effectve QLSP'" Residential Analoa Port $3.08 1
109.11.3.4 Dlaltal Part Suaaartino BRIISDN\$17.40
109.11.3.5 PBX DID Port $7.30
109.11.4 Intentionallv Blank
109.11.5 Port If115% YOYVolume Growth Plan Re~ulrements Are Met
109.11.5.1 Analoo Port $4.35
109.11.5.2 Analoo Port. Residential end user credit LAWUR $1.40 1
109.11.5.3 Effective QLSP'" Residential Analao Port $2.95 1
109.11.5.4 Di ital Port (Suaaortino BRIISDN $17.40
109.11.5.5 PBX DID Port $7.30
109.11.6 Intentionallv Blank
109.11.7 Local Switch Usaae
109.11.7.1 QLSP'" Residential, Business, and PAL in IDoS Per MOU $0.001343
109.11.7.2 QLSP'" Centrex ISDN BRI PAL in ID.N and PBX Analon TNnks Per UnerrNnk UGUFM $1.13
109.11.8 Switch Features 2
109.11.8.1 Account Codes. ner Svstem AZ8PS $75.00
109.11.8.2 Attendant Access Line nsr Statin Une DZR $10.00
109.11.8.3 Audible Messaoe Waitlno MGN IIW $12.00
109.11.8.4 Authorization Codes,- ner Svstem AFYPS $85.00
109.11.8.5 Automatic Line ETVPB $8.00
109.11.8.6 Automatic Route Selection - Common Eauioment. Dar System F5GPG $2200.00
109.11.8.7 Call Dron FlO ONLY $5.00
109.11.8.8 Call Exclusion - Automatic NXB(lSDN\$5.00
109.11.8.9 Call Exclusion. Manual NA.FID $5.00
IDSN\
109.11.8.10 Call Forwardinn Busv Une - Incomina Onlv 69B1X $5,00
109.11.8.11 Call Forwardlna Don1 Answer Incomino Onl 69A $5.00
109.11.8.12 Call Forwardina: Busv Une/ Don1 Answer Pranrammable Seivice Establishment SEPFA S50.00
109.11.8.13 Call Forwrdlna: Don1 Answer / Call Forwrdlna au"" Custoer Prnnrammable ner Line FSW $10.00
109.11.8.14 Call Waitino Indication. oer 11mino State WUT .$25.00
109.11.8.15 Centrex Common Enul meot HYE HYS $160.00
109.11.8.16 CLASS. Call Trace Per Occurrence NOUSOC $0.46
109.11.8.17 CLASS - Continuous Redial NSS $10.00
109.11.8.18 CLASS. last Call Retum NSQ $10.00
109.11.8.19 CLASS - Prioritv Callnn NSK $10.00
109.11.8.20 CLASS. Selective Call Forwrdinn NCE $10.00
109.11.8.21 CLASS. Selective Call Rejection FKQPN,NSY $10.00
109.11.8.22 Direct Station Selection I Busv Lamo Field. oer Arrnoement BUD $8.00
109.11.8.23 Directed Call Plckun with Bame.in 6MD $5.00
109.11.8.24 Directd Call Plckun wiout Bame~n 690 $5.00
109.11.8.25 Distinctve Rlno/Dlstinctive Gall Waitino RNN $5.00
109.11.8.26 Exoensive Route WamiiTone ner Sw:tem AQWPS $90.00
109.11.8.27 Grauo Intercm GCN $8.00
109.11.8.28 Hot Une, per Line HLN, HLA $8.00
109.11.8.29 Huntina: MuRioosition Hunt Queuino MH5 $5.00
109.11.8.30 Huntino: MuRillsiton with Announcement in Queue MHW $5.00
109.11.8.31 Huntina: Multinosilon with Music In Queue MOHPS S100.OO
109.11.8.32 ISDN Short Hunt NHGPG,$10.00
NHGPN
109.11.8.33 Loudsoeaker Paoinn ner Trunk Grouo PTQPG ICB
109.11.8.34 Make Busv Arranoements. oer Grauo A9AEX P89 $20.00
109.11.8.35 Make 8usv Arrannements- oer Une MB1 $10.00
109.11.8.36 Messaoe Center ner Main Station line MFR $8.00
109.11.8.37 Messaae Waitina Visual MV5 ICB
109.11.8.38 Music On Hold,erSvstem MHHPS $75.00
109.11.8.39 Privacv Release K7KPK $5.00
109.11.8.40 Quelv11me QT1PK S5.00
109.11.8.41 SMDR.P. Arhived Data SR7CX $300.00
109.11:42 SMDR-P . Selvlce Establishment Charge, Initial Installation SEPSP,$165.00
SEPSR
109.11.8.43 Station Cama-On Seivice ner Main Station CPK $8.00
109.11.8.44 Time of Dav Contrl for ARS ner Svstem ATBPS $125.00
109.11.8.45 Time of Dav NCOS Uodate A4T $1.00
109.11.8.46 11me of Dav Routlnn~ Der Line ATB $1.00
109.11.8.47 Trunk Verication from Desinnate Station BVS $100.00
109.11.8.48 UCO in Hunt Groun her Line MHM $6.00
Qwest Local Services Platform ™ Agreement QLSP'" Rate Sheet-V1.2.3 04.11.08 10
OocuSigi' Envelope 10: 5E0674B6-1E89-4A2D.B06-QA1OE5FBOA14
Qwest Local Services Platform™ (QLSpTM) Rate Page . Idaho
Janua 4, 2011 throu h Term"
".
109.11.8.49 Premium Pori Feature. Additonal Charoe $2.08
109.11.8.49.1 CMS - SYStem Establiment - Inl1allnstallatlon MB5XX $1000.00
109.11.8.49.2 CMS . SYStem EstabØshmo Subs""uen! Installation CPVWO $500.00
109.11.8.49.3 CMS . Packet Control CaoabiDl. oo SYStem PTGPS $1500.00
109.11.8.49.4 Coference caillno - Moet Mo MJJPK $5.00
109.11.8.49.5 Confernce Caiano - Preset M09PK $5.00
109.11.8.49.6 Cofernce CalOno - Statin Dial 6-Wav)GVT $5.00
109.11.9 Other
109.11.9.1 Cuslom Number
109.11.9.1.Idaho North Sae Applicable Owest Retaii 6
Tariff, Catalog or Price List less
Discount (which wili be provided
pursuant to terms and
conditions in CLEC's ICA).
109.11.9.1.2 Idaho SouUi See Applicable Owesl Retaii 6
Tariff, Calalog or Price List less
Discount (which wil be provided
pursuant to terms and
conditions in CLEC's ICA).
109.11.9.2 PBX DID Comnlex Translations Di ils Outnulsed Channe Sinnalinn $15.22
109.11.9.3 PBX DID Comolex Translations Sionalino Chanoe $35.52
109.11.9.4 PBX DID Block Comnromise $25.53
109.11.9.5 PBX DID Grouo of 20 Numbers $31.36
109.11.9.6 PBX DID Reserve Seouential # Block $25.38
109.11.9.7 PBX DID Reserve Nonseouentil Telenhone Numbers $23.67
109.11.9.8 PBX DID Nonseouential Teleohone Numbers $33.18
109.11.10 Subsenuent Order Charne NHCUU $12.17 4
109.11.11 Owest Corooratlon QCllntraLATA Toll LPIC 5123
109.11.11.1 Idaho Nort See Applicable Owest Retaii 6
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and
condllions in CLEC's ICA).
109.11.11.2 Idaho South See Applicable Owest Retail 6
Tariff, Catalog or Price List less
Discont (which wil be provided
pursuant to terms and
condllions in CLEC's ICA).
109.20 Miscellaneous Charges 5
109.20.1 Oesinn . North
109.20.1.1 Maintenance of Service
109.20.1..1 Basic
109.20.1.1.1.1 First Increment MVXX h
109.20.1.1.1.2 Each Additional Increment MV1X ..
109.20.1.1.2 Overtme
109.20.1..2.1 First Increment MVWOX ..
109.20.1.1.2.2 Each Addllionallncrement MVW2X ..
109.20.1..3 Premium
109.20.1.1.3.1 First Increment MVWPX ..
109.20.1.1.3.2 Each Addllionallncrement MVW3X ..
109.20.1.2 Oollonal Testino (Addilonal Labor)
109.20.1.2.1 Basic First and Each Additional Increment OTNBX ..
109.20.1.2.2 Overtime First and Each Additlonallneremenl OTNOX ..
109.20.1.2.3 Premium, First and Each Additional Increment OTNPX .,
109.20.1.3 Disnatch Additional Disnatch - No trouble found\VT6DC ..
109.20.1.4 Oisoatch for Maintenance of Service - No Trouble Found VT6DM ..
109.20.2 Cesin" and Non-Deslon . North
109.20.2.1 Trio Charce - Premises Visit Charoe SCO ..
109.20.2.2 Premises Work Charce
109.20.2.2.1 Basic
109.20.2.2.1.First Increment HRD11 ..
109.20.2.2.1.2 Each Additional Increment HRDA1 ..
109.20.2.2.2 Overtime
109.20.2.2.2.1 First Increment HRD12 ..
109.20.2.2.2.2 Each Addllionallnerement HRDA2 ..
109.20.2.2.3 Premium
109.20.2.2.3.1 First Increment HRD13 ..
109.20.2.2.3.2 Each Additional Increment HRDA3 ..
109.20.2.3 Netwrk Premises Work Charce
109.20.2.3.1 Basic First Incrment HRR11 ..
109.20.2.3.2 Basic Each Addl1onallncrement HRRA1 ..
109.20.2.3.3 Overtme First Incrment HRR12 ..
109.20.2.3.4 Overtme, Each Additional Increment HRRA ..
109.20.2.3.5 Premium First Increment HRR13 ..
Owest Local Services Platfrm™ Agreement OLSP'" Rate Sheet-V1.2.3 04.11.08
-"
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.
11
~ Ei 10: SE0&74B6.1E894A2D.B066-OAl DE5FBDA14
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..
Qwest Local Services Platform™ (QLSpTM) Rate Page . Idaho
Janua 4,2011 throu h Term"
109.20.2.3.6 Premium Each Additional Increment HRRA3 ..
109.20.2.4 Date Chanae VT6DC ..
DeS;n Channe H28 ..
Exnedite Charne Per dav advanced EODDB ..
Cancellation Charie NoUSOC ICB
109.20.3 Non-Deslan . Soulh
109.20.3.1 Netwrk Premises Work Charae
109.20.3.1.1 All Hours 1 st 15 minutes HRH11 ..
109.20.3.1.2 All Hours next three 15 minutes HRHA1 ..
109.20.3.1.3 All Hours ea addri 15 minutes HRDA1 ..
109.20.4 Desian - South
109.20.41 Maintenance of Service
109.20.4.1.1 Basic
109.20.4.1.1.1 First Increment MVWXX ..
109.20.4.1.1.2 Each Additional Increment MV1X ..
109.20.4.1.2 Overtime
109.20.4.1.2.1 First Increment MVWOX ..
109.20.4.1.2.2 Each Addilinallncrement MVW2X ..
109.20.4.1.3.1 Premium
109.20.4.1.3.1 First Increment MVPX ..
109.20.4.1.3.2 Each Additional Increment MVW3X ..
109.20.42 Ontional Testin Additional Labor
109.20.4.2.1 Basic First and Each "dditonallncrment OTNBX ..
109.20.4.2.2 Overtme First and Each Addilnallncrement OTNOX ..
109.20.4.2.3 Premium First arid Each Additional Increment OTNPX ..
109.20.4.3 Dlsnatch 'Additional Disaatch - No truble found VT6DC ..
109.20.4.4 Dlsaatch for Maintenance of Service' No Trouble Found VT6DM ..
109.20.45 Netwrk Premises Work Charae
109.20.4.5.1 Basic
109.20.2.5.1.1 First Increment HRH11 ..
109.20.2.5.1.2 Each Additional Increment HRHA1 ..
109.20.4.5.2 Overtime
109.20.2.5.2.1 First Increment HRH12 ..
109.20.2.5.2.2 Each Additional Increment HRHA2 ..
109.20.45.3 Premium
109.20.2.5.3.1 First Increment HRH13 ..
109.20.2.5.3.2 Each Additonal Increment HRHA3 -
109.20.5 Deslan and Non-Deslan . Saulh
109.20.5.1 Trin CharnEl - Premises Visit Chame NRTCY -
109.20.5.2 Premises Work Charae
109.20.5.2.1 Basic
109.20.5.2.1.1 First Increment HRD11 ..
109.20.5.2.1.2 Each Additional Increment HRDA1 ..
109.20.5.2.2 Overtme
109.20.5.2.2.1 First Increment HRD12 ..
109.20.5.2.2.2 Each Addllionallncrement HRDA2 ..
109.20.5.2.3 Premium
109.20.5.2.3.1 First Increment HRD13 ..
109.20.5.2.3.2 Each Additional Increment HRDA3 -
109.20.5.3 Date Chanae VT6DC ..
109.20.5.4 Desinn Chanae H28 ..
109.20.5.5 Exnedite Charne Per dav advanced EODDB ..
109.20.5.6 Cancellation Charoe NoUSOC ICB
109.23 QLSP'. Installation and Conversion Nonrecurrina Charaes ¡NRCs)
109.23.1 Conversion Nonrecurrlnn Charaes
109.23.1.1 QLSP" Business Centrex PAL and PBX Analoa non.DID Trunks Residential
109.23.1.1.1 First line Mechanized'URCCU $1.50
109.23.1.1.2 Each Additional Line Mechanized URCCY $0.50
109.23.1.1.3 First Line Manuall URCCV $15.00
109.23.1.1.4 Each Additonal Line Manual URCCZ $3.00
109.23.1.2 QLSP" PBX DID Trunks
109.23.1.2.1 FirstTrunk URCCD $28.84
109.23.1.2.2 Each Additonal $2.73
109.23.1.3 QLSP" ISDN BRI
109.23.1.3.1 First URCCU $30.66
109.23.1.3.2 Each Additonal $2.73
109.23.2 Installation Nonrecurrini: Charaes
109.23.2.1 QLSP" Business Centrex, PAL and PBX Analoa non-DID Trunks Residential
109.23.2.1.1 First Line (Mechanized NHCRA $50.00
109.23.2.1.2 Each Additional Line Mechanized'NHCRC $18.00
109.23.2.1.3 First Line (Manual NHCRB $75.00
109.23.2. i.4 Each Additional Line Manuan--NHCRD $20.00
Qwest Local Services Platfrm ™ Agreement QLSP'" Rate Sheet-V1.2.3 04.11.08 12
DocuSign Envelope 10: 5E067486-1E89-A2D-B06A10E5FBDA 14
.
109.23.2.3 OLSP'" ISDN.BRI 272.96
109.23.3 Owest A1N Features
109.23.3.1 Idaho Nort
109.23.3.2 Idaho South
See Applicable awest Retail
Tarif, Catalog or Price List less
Discount (which wil be provided
pursuant to terms and
condmons in CLEC's ICA).
See Applicable awest Retail 6
Tartff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and
conditions In CLEC's ICA).
109.23.4 Qwest Voice Messa. in Services
109.23.4.1 Idaho Nort
109.23.4.2 Idaho South
See Applicable awest Retail
Tartff, Catalog or Price List less
Discount (which will be provided
pursuant to terms and
conditions in CLEC's iCA).
See Appiicable awest Retail
Tariff, Catalog or Price List less
Discount (which will be provided
pursuant to tems and
conditons in CLEC's ICA).
6
112 o eratlonal 5u art 5 stems
112.1 Develoments and Enhancements er Local Service Re uest
112.2 On oin 0 rations 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
awest Wholesale PCAT.
Notes.Universal Service Order Codes (USOCs) have been provided in an effort to ease Item description and USOC association wilh charges. In the event USOCs are Inaccurate or
are revised, Owest reserves the right to correct the Rate Sheet. In the event of any signifcant change(s), notfication will be provided via the standard notification process.
See Applicable Owst Retail Tari, Catalog or Prtce List for all charges and increments.
QLSP'" Business and Residential services utilize the same Class of Service and line Universal Service Order codes (USOCs). aLSP'" Residential services will be biled at
the Analog Port rate and only those lines that speccally qualif for and are identied as serving a resldentlalend-user customer by the presence of the LAWUR USOC will
receive the Residential end user credit.
.
2 QLSpTM service includes nondiscriminatory accss to all vertical switch features that are loaded In Qwesls End Offce Swich. See the PCAT for all compatible and available
vertcal switch features. Only vertal switch features v.th Non-Recurrng, Recurring, or Per Ocurrence charges are listed. Non-Recurring charges are applicable whenever a
feature is added - whether on new installation, conversion, or change order activity. Those vertcal switch features not listed have a rate of $0 for Monthly ReculTing, Non~
Recurring, or Per Occurrence charges.
Reserved for future use....
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 Service, denying or restoring service, adding, removing, or changing features, and 'other similar requests.
aLSP'" ISDN BRI and PBX are "Design". Remaining aLSP'" services are "Non-Design'. All charges and increments shall be the same as the comparable charges and
increments provided in awest Retail Tarif, Catalogs, or Pri Lists and are subjet to change based on changes in those underlying Ows! Retail Tartffs, Catalogs, or Price
Lists. In the event a rate changes, notifcation will be provided via the standard notifcation process.
Where the service has been deemed to be a Teleommunications Service, the Discount will be provided pursuant to CLEC's ICA. Where the service is not a
Telecommunications Service, the discunt will be 18%.
.
Qwest Local Services Platform ™ Agreement aLsp™ Rate Sheet-V1.2.3 04.11.08 13