20110125Amendment.pdf

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Qwest
1600 7th Avenue, Room 3206
Seatte, Washington 98191
[phone]
Facsimile [phone]
(~E~
101 \ JM~ 25 Mi m¡ 03 Qwest~
Spirit of Services
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
January 24,2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-09-13
Qwest/Matrix Telecom, Inc.
QLSP Agreement
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in' teL
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 (Q q west.com
1m l JAN 25 AM 10: 03
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-09.13
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public
. Utilities Commission on August 17,2009 (the "Agreement"). The Amendment with Matrix
Telecom, Inc. ("Matrix") is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commssion may reject an amendment
reached through voluntary negotiations only if the Commssion finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carer not a pary to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the 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 Matrix to.
APPLICATION FOR APPROVAL OF AMENDMENT TO urn INTERCONNECTION AGREEMENT - Page 1
MATRIX TELECOM, INC.
QLSP Agreement-l
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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 hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this2í day of January, 2011.
r~,R '.
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT - Page 2
MATRIX TELECOM, INC.
QLSP Agreement-2
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CERTIFICATE OF SERVICE
I hereby certify that on this 24th day of January, 2011, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties 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
¡jewell 0!puc.state.id.us
Hand Delivery
U. S. Mail
-X Overnight Delivery
Facsimile
Email
Scott Klopack, VP Regulatory and
General Counsel
Matrix Telecom, Inc.
7171 Forest Lane, Suite 700
Dallas, Texas 75230
Hand Deli very
X U. S. Mail
Overnight Delivery
Facsimile
Maura Peterso
Paralegal, Qwest
APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
MATRIX TELECOM, INC.
QLSP Agreement-3
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DtiuSlgn Envelope 10: 79A0272A-F5C1-468E-B927 -67 A8114002CC
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
This Qwest Local Services Platform 1M (.aLSpTM.) Agreement, together with the Attchments hereto and Rate Sheets,
incorporated herein by reference (.Agreemenr) Is between Qwest Corporation ("Qwest"), a Colorado corporation, and
Matrix Telecom Inc ("CLEC") (each Identified for purpos of ths Agreement in the signature blocks balow, 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.
By:
Name:
Tite:
Dåle:
Title:
Date:
NOTICE INFORMATION: All written notices require under this Ageement shall be sent to the following:
Qwst Comoratlon:
Director - Interconnecton Agreements
1801 California Stret, 24th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagree!gwest.com
With copy to:
Qwst Lew Departent
Wholesale Interconnection
1801 Califrnia Street, 10lh Floor
Denver; CO 80202
Phone: [phone]
Email: Legallntercnnectiont!west.com
to~.~
i;--
CLEC:
Scott Klopack, VP Regulatory and General Council
Matrix Telecom, Inc.
7171 Forest Lane, Suite 700
Dallas, Texas 75230
80Q-06-0705
sklopack~matrlxbt.com
~
Brian Gustes, VP of Wholesale ServIces
Matrix Telecom, Inc.
(same address & phone number as above)bfustas~matrlxbt.com
APPLICABLE STATES:
f:"'¡ '"'(,',),\,' l ~., ::
~~':.': 'Ôt..J):, .-s:; ~
Washington 7.0 (with Commercial ~ormance
Measures and Reportng, Performance Tâtets and
Service Creits, as desribed in Secion 7.0 of
Attchment 2 to this Agreement); or
awes! agrees to offer and CLEC intends to purcase Service In
the states Indicated below by CLEe's signatory initialing (or an
.X") on the applicable blanks. Note: If CLEC chooses to
Indicate Washington, CLEe must select only one (1) of the
Washington Service offerings. CLEC may not change its
Washington selection after this Agreement Is executed.
-l Washington 8.0 (with Service Performance Measures
and Reporting and Perfrmance Assurance Plan
(PlD/PAP) for Washington only, as described In Sectn8.0 cr Attchment 2 to this Agreement).-l..-l....-l-l-l..-l-l-l
Arizona
Colorado
Idaho
Iowa
Minnesota
Montana
Nebraska
New Mexlco
Nort Dakote
Oregon
South Dakota
Utah
-l Wyoming
January 3, 2011lkciMalnx Telecomawst QLSpTM MSA - (v10.15-10)
AZ-eOS-101021-0066: CO-06-1 01 021 ,0069; IADS.1 01 021.Q070; Ie-COS.1 01 021-071; MN-CDS-1 01 021-0072;
MT-e06-101021.Q073; ND.COS-101021-Q74; NE.COS-101021.Q075; NM-CDS.101021.O76; OR-eOS-101021-Q77;
SD-COS-101021-oo78: UT.CDS.1 01 021-0079; WA,COS.101021-o0eO; WY-COS-101021.001
Page 1 of 12
.
This Qwest local Services Platform™ ("QlSpTM") Agreement, together with the Attchments hereto and Rate Sheets,
incorporated herein by reference ("Agreement") is between Qwest Corporation ("Qwest"), a Colorado corporation, and
Matrix Telecom Inc ("CLEC") (each identified for purposes of this Agreement in the signature blocks below, and referrd 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 LOCAL SERVICES PLATFORMTM AGREEMENT
Qwest Corporation:Matrix Telecom Inc:
By:
Name: L. T. Christensen
Title: Director - Wholesale Contracts
Date:
By:
Name:
Title:
Date:
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director - Interconnection Agrements
1801 California Street, 24th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagreeaRgwest.com
With copy to:
Qwest law Departent
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: legal.ntercnnectionaRgwest.com
CLEC:
A:tt Klopack, VP Regulatory and General Council
_atrx Telecom, Inc.
7171 Forest lane, Sl.ite 700
Dallas, Texas 75230
800-406-0705
sklopack~matrxbt.com
Copy to:
Brian Gustas, VP of Wholesale Services
Matrix Telecom, Inc.
(same address & phone number as above)bfustas~matrixbt.com
APPLICABLE STATES:
Qwest agrees to otter 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.
Washington 7.0 (with Commercial Performance
Measures and Reporting, Performance Targets and
Service Credits, as described in Section 7.0 of
Attachment 2 to this Agreement); or-2 Washington 8.0 (with Service Performance Measures
and Reporting and Performance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Attachment 2 to this Agreement).-2 Arizona
-2 Colorado
-2 Idaho
-2 Iowa
-2 Minnesota
-2 Montana
-2 Nebraska
-2 New Mexico
-2 North Dakota
-2 Oregon
-2 South Dakota
ax Utah
.anuary 3, 2011lkjcJMatnx Telecm/Qwst QLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-101021-0070; ID-CDS-101021-0071; MN-CDS-101021-0072;
MT -CDS-1 01 021-0073; ND-CDS-1 01 021-0074; NE-CDS-1 01 021-0075; NM-eDS-1 01 021-0076; OR-eDS-1 01 021-0077;
SD-CDS-101021-0078; UT-CDS-101021-0079; WA-CDS-101021-0080; WY-CDS-101021-0081
-2 Wyoming
Page 1 of 12
WHEREAS, CLEC desires to purchas from Qwst certin combinations of Network Elements, ancilary functions, and additional ..
features, including without limitaion, the local Loop, Port, swtching, and Shared Transport.
Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Owest mutually agree as follows:
4.6 Except as otherwse provided in this Agreement, the Partes
agree that Servces provided under this Agreement are not subjec to
the Owest Wholesale Change Management Process ("CMP"), Qwests
Performance Indicators ("PID"), Perfrmance Assurance Plan ("PAP"),
or any other wholesale service quality standards, or liquidated
damages and remedies. Except as otherwse provided, CLEC hereby
waives any rights It may have under the PID, PAP and all other
January 3, 2011/kjclMatrix Telecom/Owest QLSpTM MSA - (v10-15-10)
AZ-CDS-1 01 021-0068; CO-CDS-1 01 021-0069; IA-CDS-1 01 021-0070; ID-CDS-1 01 021-0071; MN-CDS-1 01 021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-eDS-101021-0077;
SD-CDS-101021-0078; UT-CDS-1 01 021-0079; WA-CDS-1 01 021-0080; WY-CDS-101021-0081
1. Definitions. Capitalized terms used herein are defined in
Attachment 1.
2. Effctive Date. This Agreement is effective upon the
later of (i) January 4, 2011 or (il) the date that it is fully executed by all
of the Parties ("Effective Date").
3. Term. The term of this Agreement begins on the
Effecive Date and continues through December 31, 2013. In the
event that at the expiration of this Agreement CLEC has any remaining
Customers served under this Agreement, Owt may immediately
convert CLEC to an equivalent alternative servce at market-base
wholesale rates.
4. Scope of Agreement; Service Provisioning; Controllng
Documents; Change of Law; Eligibilty for Services under this
Agreement; Non-Applicabilty of Change Management Process.
4.1 The Services ("Services") described in this Agreement will
only be provided in Qwests incumbent LEC servce territory in the
states of Arizona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, Nort 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 Service hereunder, the following order of
precedence will apply in descending order of control: an Attchment,
Rate Sheet, this Agreement, and any effectve Order Form hereunder.
The Partes 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 Owest or CLEC concerning the
interpretation or effect of the Existing Rules or an admission by Owest
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 Part's
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
address 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
utilize Services covered under this Agreement for its own
administrtive use or for the use by an Affliate.
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
Service or process enhancements will be communicated through the
standard accunt interfaces. Change requests common to shared
systems and processes subject to CMP will continue to be addressed
via the CMP proceures.
5. CLEC Information. CLEC agrees to work with Qwest in
good faith to promptly complete or update, as applicable, Owests
"New Customer Questionnaire" to the extent that CLEC has not
already done so, and CLEC shall hold Owest harmless for any
damages to or claims frm CLEC caused by CLEC's failure to promptly
complete or update the questionnaire.
6.Financial Terms.
6.1 The descrption of the Service and applicable rates are set
fort in the Attachments hereto and Rate Sheets. The Partes agree
that the referenced rates are just and. reasonable.
6.2 Taxes, Fees. and other Governmental Impositions.
All charges for Service provided herein are exclusive of any federal,
state, or local sales, use, excise, gross receipts, transaction or similar
taxes, 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 place upon the other
Part. However, where the sellng Part Is specifically permitted It
Applicabie Law to collect such Taxes from the purchasing Part, su
Taxes shall be borne by the Part purchasing the services. Taxe
shall be biled as a separate item on the invoice in accordance with
Applicable Law. The Part biling 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
colleced by the other Part (the Colleèting Part), the Collecting Part
shall reasonably cooperate in good faith with the Contesting Part's
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 recovery 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 certficate, the sellng Part shall exempt the purchasing
Part if the sellng Part accepts the certificate in good faith. If a Part
becomes aware that any Tax is incorrectly or erroneously collected by
that Part from the otherfart 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 corporate
existence, status or income and each Part shall be solely responsible
for all taxes on its own business, the measure of which Is Its own net
income or net worth and shall be responsible for any related tax filings,
payment, protest, audit and litigation. Each Part shall be. solely
responsible for the biling, collection and proper remittnce of all
applicable Taxes relating to Its own services provided to Its own
Customers.
7.Intellectual Property.
Page 2 of 12 .
7.1 Except for a license to use any facilties or equipment
.c1uding softre) solely for the purposes of this Agreement or to
ceive Service solely as provided in this Agreement or as specifically
required by th 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 respec 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, copyright, trade
name, trademark, service mark, trade secret, nor other proprietary
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
servces provided by the Indemnifying Part provided or used pursuant
to the terms of this Agreement misappropriate or otherwse violate the
Intellectual proper rights of any third part. The obligation for
Indemnification recited in this paragraph shall not extend to
infrngement which results from:
A. any combination of the facilties or services of the
Indemnifyng Part with facilities or service of any other Person
(including the Indemnified Part but excluding the Indemnifying
Part and any of its Affliates), which combination is not made by
or at the direction of the Indemnifying Part or is not reasonably
necessary to CLEC's use of the Services offered by Owest under
this Agreement; or.B. any modification made to the facilties or service 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 Indemnifying Part may, at Its
sole option, obtain the right for the Indemnified Part to continue to use
any infringing facilty or service or replace or modify any infringing
facilty or service to make such facilty or service non-infrnging.
7.4 If the Indemnifyng Part is not reasonably able to obtain the
right for continued use or to replace or modify the facility or service as
provided above and either the facility or service is held to be infringing
by a court of competent jurisdiction or the Indemnifying Part
reasonably believes that the facilty or service will be held to infrnge,
the Indemnifying Part will notify the Indemnified Part and the Partes
will negotiate in good faith regarding reasonable modifications to this
Agreement necessary to mitigate damage or comply with an injuncton
which may result from suc 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 infringement or
alleged infringement including, but not limited to, accpting
modifications to the facilties or services, and such request shall not be
unreasonably denied.
the event tht Owst believes it has used Its comercially reasonable
effrt to obtain such rights, but has been unsuccsful In obtaining
such rights. Nothing in this subsection shall be consrued In any way
to condition, limit, or alter a Parts indemnification obligations under
Secion 7.2, precing.
7.7. Neither Part shall without the express wrtten permission of the
other Part, 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 certfying it
and its goods and service; or with respect to its marketing. advertising
or promotional activities or materials, state or imply that the servce
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 prospecive end-users: (a) that they will
be Owest customers or that they may obtain Owest service from CLEC
or (b) that CLEC has or the end-user will have any relationship with
Owest. Without limiting the foregoing. CLEC must not use a name,
trdemark, service mark, copyright or any other Intellectual propert
owned by Owest or its Affliates, excet that CLEC may communicate
that Owest is one of the underlying carrers from which CLEC
purchases services if CLEC has obtained the prior wrtten consent of
the Owest Law Department. This is a non-exclusive agreement.
Nothing in this Agreement prevents Owest from offerng to sell or
sellng any service to other partes.
7.8 Nothing in this Section prevents either Part frm truthfully
descrbing 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 otherwse attempt to sell its End
User Customers using the name of the other Part or its Affliates.
Owests name and the names of its affliates are proprietary and
nothing in this Agreement constitues a license authorizing their use,
and In no event will CLEC, Including its employees, representatives
and agents, attempt to sell any Services to its end-users using the
name, brand or identity of Owst or Owests Affliates In any way.
7.9 Because a breach of the material provisions of this Section 7
may cause irreparable 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
electrnic delivery occurs. If CLEC fails to make payment on or before
the Payment Due Date, Owest may invoke all available rights and
remedies.
8.2 Cessation 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 disputed amount as provided
fo In this Agreement, within thirt (30) Days following the Payment
Due Date; provided that Owest has first notified CLEC in writing at
least ten (10) business days prior to discontinuing the processing of
orders for Services. If Owst does not refuse to accpt additional
Page 3 of 12
7.6 To the extent required under Applicable Law, Owest shall
use commercially reasonable efforts to obtain, from its vendors who
have licensed intellectual propert rights to Owest in connection with
Service provided hereunder, licenses under such Intellectual propert
rights as necssary for CLEC to use such Services as contemplated
hereunder and at least in the same manner used by Owest for the
'-ervces provided hereunder. Owest shall notify CLEC immediately in
Wlanuary 3, 2011/kjclMatrlx Telecom/Owest OLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0068; Co-CDS-101021-0069; IA-CDS-101021-0070; ID-CDS-101021-0071; MN-CDS-101021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-u075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SD-CDS-101021-0078; UT-CDS-1 01 021-0079; WA-CDS-101021-0080; WY-CDS-101021-0081
orders for Services on the date specified in the ten (10) busines days
notice, and CLEC's non-cmpliance continues, nothing contained
herein shall preclude Qwests right to refuse to accpt additional orders
for Services from CLEC without further notice. For order prosing to
resume, CLEC will be required to cure any breach and make full
payment of all past-due charges for Servces 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, Qwst reserves the right to seek
equitable relief including injunctve relief and specific perfrmanc.
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 accrdance with Section 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 following the
Payment Due Date provided that Qwst has first notified CLEC in
wrting at least ten (10) business days prior to disconnecting Services.
CLEC will pay the applicable charge set forth in the Rate Sheet
required to reconnect Services 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 Qwest does not disconect
CLEC's Service on the date specified in the ten (10) business days
notice, and CLEC's noncompliance continues. nothing contained
herein shall preclude Qwests right to disconnec any or all Servces.
For reconection of the Servce 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 Section 8.5. In addition to other
remedies that may be available at law or equity, Qwest reserves the
right to seek equitable relief, including injunctive relief and spefic
performance. Notwthstanding the foregoing, Qwest will not effec 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 Billng Disputes. Should CLEC dispute, in good faith, and
withhold payment on any portion of the charges under this Agreement,
CLEC will notify Owest in wrting within fifteen (15) Days following the
Payment Due Date identifying the amount, reason and rationale of
such dispute. At a minimum, CLEC will pay all undisputed amounts
due to Qwest. Both CLEC and Qwest agree to expedite 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 prior to Invoking any other rights or remedies.
A. If CLEC disputes charges and does not pay such charges by
the Payment Due Date, such charges may be subject to late
payment charges. If the disputed charges have been withheld
and the dispute is resolved in favor of Qwest, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing furter dispute resolution. If the
disputed charges have been withheld and the dispute Is resolved
in favor of CLEC, Owest will credit CLEC's bil for the amount of
the disputed charges and any late payment charges that have
been assessed no later than the second Bil Date after the
resolution of the dispute.
thereafter, and the dispute is resolved in favor of the CLE.C
Qwst will adjust the Billng, usually within tw Biling. cycles. aft
the resolution of the dispute, as follows: Qwest will credit t
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, will
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-forwrd basis only, beginning
with the date of the dispute.
8.5 Security Deposits. In the event of a material adverse
change in CLEC's financial condition subsequent to the Effective Date
of this Agreement, Qwest may request a security 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
disconnection of Service or discontinuance of the processing of orders
by Qwest due to a previous failure to pay undisputed charges in a
timely manner or due to the failure by CLEC to cure a breach of this
Agreement in a timely manner. Qwest may require a deposit to be
held as security for the payment of charges before the orders from
CLEC will be provisioned and completed or before reconnection of
Service. "Repeatedly Delinquent" means any payment of a material
amount of total monthly Biling under this Agreement received after the
Payment Due Date, three (3) or more times during the last twelve (12)
month period. The deposit may not exceed the estimated to~1 monfl
charges for a tw (2) month period based upon recent Bilhng. T
deposit may be an Irrevocable bank letter of credit, a letter of cr
with terms and conditions acceptable to Qwest, or some other form of
mutually accptable security 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 security deposit exceed five millon 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
will be credited to CLEC In the amount actually earned or at the rate
set forth in Section 8.7 below, whichever is lower, except as otherwse
required by law, provided that, for elimination of doubt, the Partes
agree that such deposits are not subject to state laws or ~egulations
relating to consumer or End User Customer cash deposits. Cash
deposits and accrued interest, if applicable, will be credited to CLEC's
account or refunded, as appropriate, 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 materi~1
change in financial standing, CLEC may request, and Qwe~t will
consider, a reclculation of the deposit. The fact that a deposit has
been made does not relieve CLEC from any requirements of this
Agreement.
8.7 Late Payment Charge. If any portion of the payment is
received by Qwest after the Payment Due Date, or if any portion ~f the
payment is received by Qwest in funds that are not immediatelyB. If CLEC pays the disputed charges and the dispute is available, then a late payment charge will be due to Qwest. The late
resolved In favor of Owest, no furter action is required. If CLEC payment charge is the portion of the payment not received by the
pays the charges disputed at the time of payment or at any time Payment Due Date multiplied by a late factor. The late factor is .
January 3, 2011/kjclMatrix TelecomlQwest QLSpTM MSA - (v10-15-10) Page 4 of 12
AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-101021-0070; ID-CDS-101021-0071; MN-CDS-101021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SD-CDS-101021-0078; UT-CDS-101021-0079; WA-CDS-1 01 021-0080; WY-CDS-101021-0081
.iesser of (i) the highest interest rate (in decimal value) which may be
ied by law for commercial transactons, compounded daily for the
mber 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 frm 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 Services with funds
obtained through the Amencan Recovery and Reinvestment Act (or
ARRA) or other similar stimulus grants or loans that would obligate
Qwest to provide certin information or perform certin functons
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 servce from
Qwest under an arrangement or agreement that includes the
application of termination liability assessment (TLA) or minimum penod
charges, and if CLEC wishes to convert such servces to a Service
under this Agreement, the conversion of such service will not be
delayed due to the applicabilty of TLA or minimum penod charges.
The applicabilty of such charges Is governed by the terms of the
onginal agreement, Tanff or arrngement. Nothing herein will be
construed as expanding the rights otherwse granted by this
Agreement or by law to elect to make such conversions.
10. Customer Contacts. CLEC, or CLEC's authonzed 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 report,
repair, post-sale servicing, Biling, collection and inquiry. CLEC will
inform its End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contactng Qwest will be
instrcted to contact CLEC, and Qwests End User Customers
entacting CLEC will be instrcted to contact Qwest. In responding to
lis, neither Part will make disparaging remarks about the other
art. To the extent the correct provider can be determined,
misdirected calls received by either Part will be referred to the proper
provider of Local Exchange Service; however, nothing in this
Agreement shall be deemed to prohibit Qwest or CLEC from
discussing its products 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 will Qwest be responsible for
providing such notice to CLEC's End User Customers.
11. Qefault and Breach. If either Part defaults in the payment
of any amount due hereunder, or if either Part violates any other
matenal 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 accrdanc with
any remedy available under this Agreement, including without
limitation, the Dispute Resolution provisions of Secion 25 herein and,
in addition to the foregoing, Qwest may cease to accpt orders from
CLEC for Services in accordance with Section 8.2 above. The
remedies available to each Part pursuant to this Agreement are not to
be considered exclusive of one another and will be cumulative.
12.Limitation of Liabilty.
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 suffered by the other Part regardless of the form of action,
whether in contract, warranty, strict liabilty, tort, including, without
limitation, negligence of any kind and regardless of whther the Partes
know the possibilty tht such damages could result.
12.3 Nothing contained in this Section shall limit either Part's
liability to the other for willful misconduct, provided that, a Part's
liabilty to the other Part 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
Qwest to CLEC under this Agreement.
13. Indemnity.
13. 1 The Partes agree that unless otherwse specifically set fort
in this Agreement, the following constitute the sole indemnification
obligations betwen and among the Partes:
A. Each Part (the Indemnifying Part) agrees to release,
indemnify, defend and hold harmless the other Part and each of
Its 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 attorneys' fees), whether suffered, made,
instituted, or asserted by any Person or entity, for Invasion of
pnvacy, 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, resulting from the Indemnifying Parts
breach of or failure to perform under this Agreement, regardless
of the form of acton, 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 incurred by an End
User Customer of either Part ansing out of or in connection with
Services provided to the End User Customer by the Part, the
Part whose End User Customer alleged or Incurred 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 Indemnified Part) against any and all such
claims or loss by the Indemnifyng Parts 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 gross negligence or willful misconduct of the Indemnified
Part. The obligation to indemnify with respect to claims of the
Indemnifying Parts 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
employees, contractors, agents, or other representatives of the
Indemnified Part.
13.2 The indemnification provided herein is conditioned upon the
following:
12.1 CLEC's exclusive remedies for claims under this Agreement A. The Indemnifed Part will promptly notify the Indemnifying
are limited to CLEC's proven direct damages unless CLEC's damages Part of any action taken against the Indemnified Part relating to
are otherwse limited by this Agreement to outage credits or other the Indemnification. Failure to so notify the Indemnifying Part will
service credits, In which case Qwests total liabilty will not exceed the not relieve the Indemnifying Part of any liabilty that the
aggregate amount of any applicable credits due. Indemnifying Part might have, except to the extent that such
. failure prejudices the Indemnifying Part's abilty to defend such
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AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-101021-0070; ID-CDS-101021-0071; MN-CDS-101021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SD-CDS-101021-0078; UT-CDS-101021-0079; WA-CDS-101021-0080; WY-CDS-1 01 021-0081
claim.
B. If the Indemnifying Part wishes to defend against suc
action, it will give written notice to the Indemnified Part of
acceptance of the defense of such action. In such event,the
Indemnifyng Part has sole authority to defend any such action,
Including the selecion of legal counsel, and the Indemnified Part
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 with the
other Part in the defense of any such acton and the relevant
records of each Part will be available to the other Part with
respect to any such defense.
C. In no event will the Indemnifying Part sette 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 Indemnified 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 settement.
14. Limited Warranties.
14.1 Each Part will provide suitably qualified personnel to perfrm its
obligations under this Agreement and provide all Service 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. OWEST 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 extent expressly
provided in this Agreement, neither Part has the authority to bind the
other by contrct or otherwse or make any representations or
guarantees on behalf of the other or otherwse act on the othets
behalf. The relationship arising frm this Agreement does not
constitute an agency, joint venture, partership, employee relationship
or franchise. 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.
assignee of CLEC or Qwt, as applicable, acknowledge in writing its
assumption of the obligations of the assignor hereunder. A.
attempted assignment in violation hereof is of no force or effect and
void. Without limiting the generality of the foregoing, this Agreement
will be binding as to the Partes' respectve succssors and assigns.
16.2 In the event that Owest transfers to any unaffliated part
exchanges, including End User Customers that CLEC serves in whole
or In part through Services provided by Qwest under this Agreement,
Qwest will ensure that the transferee serves as a succsor to and
fully performs (III of Qwsts responsibilities and obligations under this
Agreement for a period of ninety (90) Days from the efective date of
such trnsfer or until such later time as the FCC may direct pursuant to
the FCC's then applicable statutory authority to impose such
responsibilties either as a condition of the trnsfer or under such other
state statutory authority as may give it such power. In the event of
such a proposed transfer, Qwst will use its best effort to faciltate
discussions between CLEC and the transferee with respect to the
trnsferee's assumption of Qwests obligations after the transition
period set fort above In accordance with the terms and provisions of
this Agreement.
17. Reporting Requirement. If reporting obligations or
requirements are imposed upon either Part by any third part or
regulatory agency in connection with this Agreement or the Servces,
including use of the Services by CLEC or Its End Users, the other
Part agrees to assist that Pàrt 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.
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 Departent.
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 Part gives the non-discloslng
Part reasonable prior wrtten notice and the receiving Part will
cooperate with the disclosing Part to seek or take appropriate
protectve measures and will make such disclosure in a manner to best
protect the Confidential Information from further disclosure.
Notwthstanding the foregoing, If reportng or filing obligations or
requirements are imposed upon Qwest or CLEC by any third part or
regulatory agency In connection with this Agreement, each Part
agrees to assist the other in complying with such obligations and
requirements, as reasonably required by Qwest or CLEC and to hold
Qwest or CLEC harmless for any failure by the other part in this
regard. The Parties' 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.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior wrtten consent of Qwest, which
consent will not be unreasonably withheld. Notwthstanding the
foregoing and subject to prior credit review, submission of appropriate
legal documentation (including, but not limited to. any appropriate
Secretary of State or other filings or documents specfied by Qwest)
and approval by Qwest of CLEC's proposed assignee, CLEC may 19.2 All Confidential Information will remain the propert of the
assign this Agreement without prior wrtten consent of Qwt to any disclosing Part. A Part who receives Confidential Information via an
Affliate, succssor through merger, or acquirer of substantially all of Its oral communication may request wrtten confirmation that the material
assets; and Qwest may assign this Agreement without prior wrtten is Confidential Information. A Part who delivers Confidential
consent to any Affliate, succssor through merger, or acquirer of Information via an oral communication may request written
substantially all of its business assets; provided that in all cases the confirmation that the Part receiving the information understands tt
January 3, 2011/kjclMatrixTelecom/Qwest QLSpTM MSA - (v10-15-10) Page 6 of 12 ..
AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-101021-0070; ID-CDS-101021-0071; MN-CDS-101021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SD-CDS-101021-0078; UT-CDS-101021-0079; WA-CDS-1 01 021-0080; WY-CDS-1 01 021-0081
21. Regulatory Approval. Each Part reserves its rights 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
govemmental authority or agency rejects or modifies any material
provision In this Agreement, whether by direct action or by virtue of
generic proceedings, including without limitation, any pricing terms,
either Part may immediately upon wrtten 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 right to terminate pursuant to this Section 21, the other
Part agrees to consent to any regulatory approvals necessary to
disconnect any circuits provided pursuant to this Agreement and
furter 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 authorities for approval or regulatory
review, the filing Part shall provide written notice to the other Part of
the existence of such lawful, binding order so that the other Part may
seek an injunction or other relief frm such order. In addition, the filing
øart agrees to reasonably cooperate to amend and make
odifications to this Agreement to allow the filing of this Agreement or
3anuary 3, 2011/kjcJMatrix Telecom/Qwest QLSpn. MSA - (v10-15-10)
AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-101021-0070; ID-CDS-101021-0071; MN-CDS-101021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SD-CDS-101021-0078; UT-CDS-101021-0079; WA-CDS-101021-0080; WY-CDS-101021-0081
the material is Confdential Information. Each Part has the right to
errect an inadvertent failure to Identify information as Confidentialformation by giving wrtten notification within thirt (30) Days after the
information is disclosed. The receiving Part will frm that time
forwrd, 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, whether written,
graphic or otherwse, except that the receiving Part may retain one
copy for archival purpses.
19.4 Each Part will keep all of the other Part's Confidential
Information confidential and will disclose it on a need to know basis
only. Each Part will use the other Part's Confidential Information
only in connecon 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 wrting. If
either Part loses, or makes an unauthorized disclosure of, the other
Part's Confidential Information, it will notify such other Part
immediately and use reasonable effort to retrieve the information.
19.5 Effective Date of this Secton. Notwthstanding any other
provision of this Agreement, the Confidential Information provisions of
this Agreement apply to all information furnished by either Part to the
other in furterance of the purpose 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 injunctve
relief and specifc performance in the event of any breach of the
confidentiality provisions of this Agreement. Such remedies are not
.e exclusive remedies for a breach of the confidentiality provisions of
is Agreement, but are in addition to all other remedies available at
awor in equity.
19.7 Nothing herein should be construed as limiting either Parts
rights 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 right or remedy available to it under this
Agreement will be construed as a waiver of such right or a waiver of
any other provision hereunder.
the specific part of this Agreement affted by the order to the extent
reasonably necessary.
22. Notices. Any notice required by or concerning this
Agreement will be in wrting and will be suffciently given if delivered
personally, delivered by prepaid overnight express service, sent by
facsimile with electronic confirmation, or sent by certfied mail, retum
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 contrary, Qwst
may provide notice via email or by posting to Qwsts website without
duplicate wrtten notification for: (v) marketing notices; (w) notices
provided under Section 8; (x) rate change notices; 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 Agreement from any cause
beyond its control and without its fault or negligenc including, without
limitation, act of nature, act of civil or miltary authority, government
regulations, embargoes, epidemics, terrorist act, riots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, power blackouts, volcanic acton, other major
environmental disturbances, or unusually severe weather conditions
(each, a Forc Majeure Event). Inability to secure products or servicesof other Perons or transporttion facilties or acts or omissions of
trnsporttion carrers shall be considered Force Majeure Events to
the extent any delay or failure in performance caused by these
circumstances is beyond the Part's control and without that Parts
fault or negligence. The Part affeced by a Force Majeure Event shall
give prompt notice to the other Part, shall be excused from
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 strike 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
cholce-of-Iaw principles, governs all matters arising out of, or relating
to, this Agreement.
25. Dispute Resolution.
25.1 The Partes will attempt in good faith to resolve through
negotiation any dispute, claim or contrversy arising out of, or relating
to, this Agreement. Either Part may give wrtten notice to the other
Part of any dispute not resolved in the normal course of business.
Each Part will, within seven (7) Days after delivery of the written
notice of dispute, designate a vice-president level employee or a
representative with authority to make commitments to review, meet,
and negotiate, in good faith, to resolve the dispute. The Partes intend
that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, frequency, duration, and
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 will be treated as Confidential Information developed. for
purposes of settlement, and will be exempt from discovery and
production, and are not admissible in any subsequent proceedings
without the concurrence of both Parties.
25.2 If the designated representatives have not reached a
resolution of the dispute within fifteen (15) Days after the wrtten notice
(or such longer period as agreed to in wrting by the Parties), then
either Part may commence a civil action. Any action will be brought in
the United States District Court for the District of Colorado if it has
subject matter jurisdiction over the acton, and shall otherwse be
Page 7 of 12
brought In the Denver Distrct Court for the State of Colorado. The
Partes agree that such courts have personal 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 acton
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
25.4 No cause of action regardless of the form of acton, arising
out of, or relating to this Agreement, may be brought by either Part
more than tw (2) years after the cause of acton 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.
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 fort herein;
B. the person signing this Agreement has been duly authrized
to execute this Agreement on that Part's 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 instructon,
Instrument, or signature reasonably believed by It to be authorized
and genuine.
28. Third Party Beneficiaries. The terms, representations,
warranties and agreements of the Parties set fort In this Agreement
are not intended for, nor will 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 its own cost and expense, carr 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 utilize an Affliate captive insurance
company in lieu of a "Best's" rated Insurer. To the extent that the
parent company of a Part is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Section, to the extent Its affliated Part
fails to meet such obligations.
29.1 Workers' Compensation with statuory limits as required in
the state of operation and Employers' Liabilty Insurance with limits of
not less than $100,000 each accident.
27.
29.2 Commercial General Liabilty insurance covering claims for
bodily Injury, death, personal injury or propert damage, Including
coverage for independent contractor's protection (required if any work
will be subcontracted), products and/or completed operations and
contractual liabilty with respect to the liabilty 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.
29.4 Each Part may be asked by the other to provide
certficate(s) of insurance evidencing coverage, and thereafter She
provide such cecate(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
contrbutory with, any other valid and collectible Insuranc
purchased by such Part; and
C.acknowledge severabilty of interest/cross liabilty coverage.
30. Communications Assistance Law Enforcement Act of
1994. Each Part represents and warrants that any equipment,
facilties or Services provided to the other Part under this Agreement
comply with the CALEA. Each Part will indemnify and hold the other
Part harmless from any and all penalties Imposed upon the other
Part for such noncompliance and will at the no~-compliant. ~art's
sole cost and expense, modify or replace any equipment, facilities or
Services provided to the other Part under this Agreement to ensure
that such equipment, facilties and Services fully comply with CALEA.
31. Entire Aareement. 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 subjects of this Agreement and
supersedes any prior understandings, agr~emen~, or repres.e~tations
by or between the Parties, wrtten or oral, including but not limited to,
any term sheet or memorandum of understanding enter~ into by t~e
Parties, to the extent they relate in any way to the subjects of th~s
Agreement. Notwthstanding the foregoing, certin elements used in
combination with the Service provided under this Agreement are
provided by Qwest to CLEC under .the term~ and co~di~o~s of Its
interconnection agreement, and nothing contained herein iS intend.
by the Parties to amend, alter, or otherwse modify those terms a
conditions.
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 frm 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
alleged unauthorized change or servce.
33.General Terms.
33.1 Qwest will provide general repair and maintenance services
on its facilities, including those facilities supporting Services purchased
by CLEC under this Agreement, at a level that Is consistent with other
comparable services provided by Qwest.
33.2 In order to maintain and modemize the netwrk properly,
Qwest may make necessary modifications and changes to its netwrk
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Netwrk maintenance and modemlz~ti~n
activities will result in trnsmission parameters that are within
29.3 "All Risk" Propert coverage on a full replacement cost basis transmission limits of the Service ordered by CLEC. Qwst will provide
insuring all of such Part's personal propert situated on or within the advance notice of changes that affect netwrk Interoperabilty pursua.iPremises. to applicable FCC rules. .
January 3 2011/kjclMatrix Telecom/Owest OLSpTM MSA - (v10-15-10) Page 8 of 12
AZ-CDS-1 01021-0068; CO-CDS-1 01 021-0069; IA-CDS-1 01 021-0070; IO-CDS-1 01 021-0071; MN-CDS-1 01 021-0072;
MT-CDS-101021-0073; NO-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SO-CDS-101021-0078; UT-CDS-1 01 021-0079; WA-CDS-101021-0080; WY-CDS-1 01 021-0081
~.3 Netwrk Security.
. A. Protecton 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 It own
employees, agents, End User Customers and propert, , but in no
case less than a commercially reasonable degree of care.
Applicable Law.
B. In the event any suspec materials within Qwt-owned,
operated or leased facilities are identified to CLEC by Owest to be
asbestos containing, CLEC will ensure that to the extent any
activities which it undertkes in the facilty disturb such suspect
materials, such CLEC actvities will be in accrdance with
Applicable Law, including without limitation, applicable local, state
and feeral environmental and health and safety statutes and
regulations. Except for abatement activities undertken by CLEC
or equipment placement actvities that result in the generation of
asbestos-cntaining material, CLEC does not have any
responsibilty for managing, nor is it the owner of, nor does it have
any liabilty for, or in connection with, any asbestos-containing
materiaL. Owest agrees to immediately notify CLEC if Qwest
undertes any asbestos control or asbestos abatement activities
that potentially could affec CLEC personnel, equipment or
operations, including, but not limited to, contamination of
equipment.
B. Each Part 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 circuits
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 partcipated In such communications or even that such
communication has taken place. Violation of such security may
entail state and federal crminal penalties, as well as civil
penalties. CLEC is responsible for covering its employees on
such secrity requirements and penalties.
C. The Parties' netwrks are part of the national security
netwrk, and as such, are protected by federal law. Deliberate
sabotage or disablement of any portion of the underlying
equipment used to provide the netwrk is a violation of federal
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 otherwse unauthorized use of Service or facilities
('Unauthorized Use"), whether or not such Unauthorized Use
could have been reasonably prevented by Owest, except to the
extent Owest 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. Owst will provide necessary constrction
only to the extent required by Applicable Law.
33.5. Individual Case Basis Requests. CLEC may request
additional Services not specified in this Agreement and Owest will
consider such requests on an Individual Case Basis.
33.6. Responsibilty For Environmental Contamination.
A. Neither Part shall be liable to the other for any costs
whatsoever resulting frm the presence or release of any
Environmental Hazard that either Part did not introduce to the
affected work location. Each Part shall defend and hold
harmless the other Part and its respective offcers, directors and
employees from and against any losses, damages, claims,
demands, suits, liabilities, fines, penalties and expenses
(including reasonable attomeys' fees) that arise out of or result
from:
1. any Environmental Hazard that the Indemnifying Part,
its contractors or agents introduce to the work locations; or
. 2. the presence or release of any Environmental Hazard
for which the Indemnifing Part is responsible under
anuary 3, 2011/kjc/Matrix Telecom/Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-1 01 021-0068; CO-CDS-1 01 021-0069; IA-CDS-101021-0070; IO-eDS-101021-0071; MN-CDS-101021-0072;
MT-CDS-101021-0073; NO-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-eDS-101021-0077;
SO-eDS-101021-0078; UT-CDS-1 01 021-0079; WA-CDS-101021-0080; WY-CDS-101021-0081
Page 9 of 12
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITIONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as
amended.
"Advanced Intellgent Netwrk" or "AIN" is a Telecommunications netwrk
architecture in which call processing, call routing and netwrk 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 contrl with,
another person. For purposes of this paragraph, the tenn 'own' means to
own an equity interest (or the equivalent thereof) of more thn 10 pernt.
"Automatic Location Identification" or "ALI" is the automatic display at the
Public Safety Answering Point of the callets 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
state regulatory authority, and any final orders and decisions of a court of
competent jurisdiction reviewing the regulations, rules, or order of the
FCC or a state regulatory authority.
"Bil Date" means the date on which a Billing period ends, as identified on
the bilL.
"Biling" involves the provision of appropriate usage data by one
Telecommunications Carrer to another to facilitate Customer Biling with
attendant acknowledgments and status reports. It also Involves the
exchange oflnfonnation between Telecommunications Carrers to process
claims and adjustments.
"Carriet' or "Common Carrer" See Telecommunications Carrier.
"Central Offce" means a building or a space within a building where
transmission facilities or circuits are connected or switched.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C.
Secton 332 and FCC rules and orders interpreting that statute.
"Communications Asistance for Law Enforcement Act" or "CALEA" refers
to the duties and obligations of Carriers 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 reciving Part or is already known or is independently
developed by the receiving Part.
"Customet' means the Person purchasing a Telecommunications Service
or an infonnation service or both from a carrier.
"Day" means calendar days unless otherwse specified.
"Demarcation Poinl Is defined as the point at which the LEC ceses to
own or control Customer Premises wiring including without limitation inside
wiring.
"Direcory Assistance Database" contains only those published and non-
listed telephone number listings obtained by Qwest from its own Ene
Customers and other Telecmmunications 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 direction.
"Due Date" means the specific date on which the requested Service is to
be available to the CLEC or to CLEC's End User Customer, as applicable.
"End User Customer" means a third part retail Customer that subscribes
to a Telecmmunications Service provided by either of the Partes or by
another Carrer or by tw (2) or more Carrers.
"Environmental Hazard" means any substance the 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, Superfnd Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
Occpational Safet and Health Act and provisions with similar purposes in
applicable foeign, 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 Carrier that provides InterLATA
or IntraLATA Toll services.
"Line Infonnation Database" or "L1DB" stores various. telePhon.
numbers and Special BIllng Number (SBN) data used by operator sa s
systems to process and bil Altemately Biled Services (ABS) calls. The
operator services system accsses 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,
Biling or service restrctons and the sub-accunt infonnation to be
included on the call's Biling record. Telcordia's GR-46-CORE defines the
interface between the administration system and L1DB including specific
message fonnats (Telcordia's TR-NWP-000029, Secton 10).
"Line Side" refers to End Ofce Switch connections that have been
programmed to treat the circuit as a local line connected to a tennlnating
station (e.g., an End User Customets 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 Accss. Such
tenn does not include a Carrer insofar as such Carrier 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 facility between a
distrbution frame (or its equivalent) in a Qwest Central Offce and the Loop
Demarcation Point at an End User Customets Premises
"Local Service Request" or "LSR" means the industr standard fonns and
supporting documentation used for ordering local service.
Page 10 of 12 .January 3, 2011/kjclMatrix Telecom/Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-101021-0070; IO-CDS-101021-0071; MN-CDS-101021-D072;
MT-CDS-101021-0073; NO-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SO-CDS-101021-0078; UT-CDS-1 01 021-0079; WA-CDS-101021-0080; WY-CDS-101021-0081
I
.
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITIONS
"Miscellaneous Charges" mean charges that Qwst may assess in addition
erring and nonrecurring rates set forth in the Rate Sheet, for activitiesrequests Qwest to perform, activities CLEC authorizes, or charges
that are a result of CLEC's actions, such as cancellation charges,
additional labor and maintenance. Miscellaneous Charges are not already
included in Qwests recurrng or nonrecurring rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Netwrk Element" is a facility or equipment used in the provision of
Telecommunications Service or an Information service or both. It also
includes features, functons, and capabilties that are provided by means of
such facilty or equipment, including subscriber numbers, databases,
signaling systems, and information suffcient for Billng and collection orused in the trnsmission, 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-rdering, Provisioning,
maintenance, repair and biling systems.
"Order Form" means service order request forms issued by Qwest, as
amended frm time to time.
"Person" is a general term meaning an individual or association,
corporation, firm, joint-stock company, organization, partership, trust or
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 Offce Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilities connected to the Central Offce Switch. Each
Line Side Port is typically associated with one or more telephone numbers
that serve as the Customets netwrk address.
eiSeS" refers to Qwests Central Ofce and Serving Wire Centers; all
buildings or similar structures owned, leased, or otherwse controlled by
Qwst that house its netwrk facilities; 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 Qwst that is adjacent to these Central
Ofces, Wire Centers, buildings and strctures. .
"Proof of Authorization" or "POA" shall consist of verification of the End
User Customets selection and authorization adequate to document the
End User Customets selection of its local service provider and may take
the form of a third part verification format.
"Provisioning" involves the exchange of information betwn
Telecommunications Carriers where one executes a request for a set of
products and services from the other with attendant acknowledgments and
status reports.
"Public Switched Netwrk" includes all Switches and transmission facilities,
whether by wire or radio, provided by any Common Carrer including LECs,
IXCs and CMRS providers that use the North American Numbering Plan In
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 partcular
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 Netwrk. Switch includes but Is not limited to End Offce
Switches, Tandem Switches, Accss Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as.a
combination of End OfcelTandem Switces.
"Switched Accss Traffc," as speclfieally defined in Qwests interstate
Switched Access Tariff, is trffc 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 netwrk.
"Tariff' as used throughout this Agreement refers to Qwt interstate
Tariff and state Tariff, price lists, and price schedules.
"Telecommunications carret' means any provider of Telecmmunications
Service, except that such term does not include aggregators of
Telecommunications Services (as defined in Secton 226 of the Act). A
Telecmmunications carrer shall be treated as a Common Carrer under
the Act only to the extent that It is engaged in providing
Telecommunications Servces, except that the FCC shall determine
whether the provision of fixed and mobile satellite service shall be treated
as common carrage.
"Telecommunications Service" means the offering of telecmmunications
for a fee directy to the public, or to such classes of users as to be
effectvely available directly to the public, regardless of the facilities used.
''Telephone Exchange Service" means a Service within a telephone
exchange, or within a connected system of telephone exchanges within the
same excange area operated to fumish to End User Customers
intercmmunicating Service of the character ordinarily fumished by a single
exchange, and which is covered by the exchange Service charge, or
comparable Service provided through a system of Switches, transmission
equipment or other facilities (or combinations thereof) by which a
subscrber can originate and terminate a Telecommunications 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 seres as
an aggregation point on a given Carrets netwrk, where transmission
facilities are connected or switced. Wire Center can also denote a
building where one or more Centrl Offce, used for the provision of basic
exchange Telecommunications Services and acc Servce, 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 Agreement, 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 Interoffce transmission facilities
shared by more than one Carrier, including Qwest, between End Offce
I. ches, between End Ofce Switches and Tandem Switches (local anduary 3, 20111kjclMatrx Telecom/Qwest QLSpTM MSA - (v10-15-10)
AZ-eOS-101021-0068; CO-COS-101021-0069; IA-COS-101021-0070; ID-COS-101021-0071; MN-COS-101021-0072;
MT-COS-101021-0073; ND-COS-101021-0074; NE-COS-101021-0075; NM-COS-101021-0076; OR-eOS-101021-0077;
SD-CDS-101021-0078; UT-COS-1 01 021-0079; WA-eOS-1 01021-0080; WY-COS-1 01 021-0081
Page110f12
QWEST LOCAL SERVICESPLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITONS
January 3, 2011/kjclMatrx Telecom/Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-101021-0070; ID-CDS-1 01 021-0071 ; MN-CDS-101021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SD-CDS-101021-Q078; UT-CDS-1 01 021-0079; WA-CDS-1 01 021-0080; WY-CDS-101021-0081
Page 12 of 12
,
.
.
.
.
.0
.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
Qwest will provide Qwest Local Servces Platforr
("QLS~) Servces accrding to the terms and conditions
set forth in the QLSP Agreement between the Parties (the
"Agreemenl) and in this Attchment 2 to the Agreement,
which is incorporated into and made a part of the Agreement
(this "Attchmenf'). Except as otherwse set forth in thisAttchment, 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 Service, information service (or both)
that CLEC chooses to offer to the extent that such servce
are granted herein or not limited hereby.
1.2.1 Pursuant to the order issued by the FCC
pertining to the availabilty of Unbundled Netwrk Element
("UNE") Loops under Secion 251(cX3) of the Act in itsRepor and Order-Petition of Qwest Corption 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), Qwest will provide
to CLEC the Loop element of QLSP Services purchased in
the following nine Omaha Nebraska Wire Center 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 0 Street; Omaha 78th Street;
Omaha 135th Street; and Omaha 156th Street.
1.2.2 The following QLSP Service types will be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(including Centrex 21); Centrex Plus; Centron in Minnesota
only; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP ResidentiaL.
1.1 General QLSP Service Description.
1.1.1 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwst Advance
Intellgent Netwrk ("AIN") Services, e.g., remote access
forwrding, and Qwest Voice Messaging Service ("VMS")
may also be purchased with compatible QLSP Services.
These Netwrk Elements will be provided in compliance with
all Telcordia and other industr standards and tecnical and
perfrmance specfications to allow CLEC to combine the
QLSP Service with a compatible voicemail product and
stutter dial tone. Qwest will provide accss to 911
emergency servce and directory listings in accrdance with
the terms and conditions of CLEC's interconnecton
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 Servce, Qwst combines the Netwrk
Elements that make up QLSP Service with analog/digital
capable Loops, with such Loops (Including service such as
line splitting) being provided in accrdance with the rates,
terms and conditions of the CLEC's ICAs. CLEC may also
purchase Qwest Commercial High Speed Internet (HSI)
Service (also known as Qwest Digital Subscrber Linec
(DSL)), under a separate Services agreement, to be used
with compatible OLSP Service.
1.2.3 QLSP PBX Analog 2-Way DID Trunks will be
combined with 4 wire loops.
1.3 Local Switching. The Locl Switching Netwrk Element
("Local Switching") Is collectively the Line Side and TrunkSide facilities in the locai 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 softre attbutes on end
offce Switches and are listed on the Qwst wholesale
website. Qwest signaling is provided with Local Switching
solely as described in Secton 1.4.2 of thiS Attchment. The
following Local Switching port are available with QLSP
Servce: Analog Line Port, Digital Line Ports Supportng
Basic Rate InterfaceIntegrated Services Digital Netwrk
("BRI ISDN"), and Analog Trunk Port.
1.3.1 Analog Line Port. Line Port attbutes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detection; audible and power ringing;
Automatic Message Accnting (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) trnks.
1.3.2 Digital Line Port Supporting SRI ISDN. BRI ISDN
Is a digital architecture that provides integrated voice and
data capabilty (2 wire). A BRI ISDN Port is a Digital 2B+D
(2 Bearer Channels for voice or data and 1 Delta Channel forsignaling and D Channel Packet) Line Side Switch
connection with SRI 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 arrangement conforms to
the Intematlonally developed, published, and recgnized
standards generated by Intematlonal Telegraph and
Telephone Union (formerly CCITI).
1.1.3 Nothing in this Attchment or the Agreement
precludes Qwest from withdrawing availabilty of
comparable, functionally equivalent services from its retail
end user customers. In the event of such withdrawal or
discontinuation, Qwest may also withdraw availabilty of the
equivalent QLSP Service.
1.2 Combination of QLSP Service with Loops. Except as
described below, the Loop will be provided by Qwest under
the applicable ICAs in effect between Qwest and CLEC at
the time the order is place. As part of the QLSP Service,
Qwest will combine the Local Switching and Shared
Transport Netwrk Elements with the Loop.
1.3.3 Analog Trunk Port. DSO analog trunk Port can be
configured as DID, DOD, and tw-way.
1.3.3.1 Analog trnk Ports provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or
4-Wire connections. This Trunk Side connecon
inherently includes hunting within the trunk group.
.ovember 18, 2010/kjclMatrx Telecom/ Attchment 2 - QLSP~ - (v8-20-10) Page 1 of 7
AZ-CDS-101021-0068; CO-CDS-101021-D069; IA-CDS-101021-0070; ID-CDS-101021-0071; MN-CDS-101021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SD-CDS-101021-0078; UT-CDS-1 01 021-0079; WA-CDS-101021-0080; WY-CDS-101021-0081
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Offce. For 2-Wire servce, the trnks are
converted at the End User Customer's location.
recrd; and callng card, biled to third number, and COIi_
call information used in processing Alternately Bil
Servce (ABS).
1.3.3.4 Two-way analog DID trunks require E&M
signaling. Qwest will use Type i and II E&M
signaling to provide these trunks to the PBX. Type II
E&M signaling from Qwst to the PBX will be
handled as a special assembly request on an
Individual Case Basis.
1.4.5 The ICNAM database is used with certin end
offce Switch features to provide the callng 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 Telecommunications Carriers participating in
Qwests callng name delivery servce arrngement.
1.3.3.3. Two-way analog DID trnks are capable of
initiating out going calls, and may be equipped with
either rotary or touch-tone (DTMF) for this purpse.
When the trnk Is equipped with DID call trnsfer
feature, both the trunk and telephone instrments
must be equipped with DTMF.
1.4.6 Qwest will provide the listed name of the callng
part that relates to the callng telephone number (when the
information is actually available In Qwests database and the
delivery is not blocked or otherwse limited by the callng
part or other appropriate request).
1.3.4 Usage. Local Switching Usage Is biled on a
Minute of Use ("MOU" basis as descrbed within this
Attchment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided In the QLSP Rate Sheet.
1.4.7 For CLEC's QLSP End User Customers, Qwest
will load and update CLEC's QLSP End User Customers'
name information into the L1DB and ICNAM databases from
CLEC's completed service orders. CLEC is responsible for
the accuracy of its End User Customers' Information.1.4 Vertical Features and Ancilary Functions and Services.
1.4.1 QLSP Service includes nondiscrminatory access to
all vertcal features that are loaded in the Local serving
Qwest end offce switch.
1.4.8 Qwest will exercise reasonable effort to provide
accurate and complete L1DB and ICNAM information. The
Information Is provided on an as-Is basis with all faults.
Qwest does not warrant or guarantee the correctness or the
completeness of such information; however, Qwest will
access the same database for CLEC's QLSP End User
Customers as Qwest accsses for its own End User
Customers. Qwst will not be liable for system outage or
Inaccessibilty or for losses arising from the authorized use.
the data by CLEC.
1.4.2 Local Switching includes use ofQwests signaling
netwrk (ISUP call set-up) solely for Local Traffc. "Local
Traffc" and "Local Calls" means calls that originate and
terminate within the Local Callng Area as defined in the
Qwest tariff. Qwest will provide service control points In the
same manner, and via the same signaling links, as Qwest
uses such service control points and signaling links to
provide service to its End User Customers served by that
switch. Qwests call related databases Include the Line
Information Database (L1DB), Intemetwrk Callng Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portabilty Database. CLEC
will not have accs to Qwests AIN-based services that
qualify for proprietary treatment, except as expressly
provided for in the Agreement or this Attachment. Local
Switching does not include use of Qwests signaling netwrk
for Toll Traffc. "Toll Traffc" and "Toll Calls" means intr local
accs and transport area ("LATA") or InterLATA calls that
originate and terminate outside of the Local Callng Area as
defined in the Qwest tariff. For all Toll Traffc originated by
or terminated to CLEC's QLSP End User Customer, Qwest
may bil applicable tariff charges, including SS7 message
charges (ISDN User Part (ISUP) and Transaction
Capabilties Application Part (TCAP)), to the Interexchange
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.
1.5.2 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 n.
November 18, 2010lkjclMatrix Telecom/ Attachment 2 - QLSP~ - (v8-20-10) Page 2 of 7
AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-101021-0070; IO-CDS-101021-0071; MN-CDS-101021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SD-CDS-101021-0078; UT-CDS-101021-0079; WA-CDS-1 01 021-0080; WY-CDS-1 01 021-0081
1.4.4 The L1DB database contains the following data:
various telephone line numbers and special billng number
(SBN) data; originating line (callng number); biling number
and terminating line (called number) information; callng card
validation; fraud prevention; Biling or service restrctions;
sub-accunt information to be Included on the call's Biling
1.5.1 Shared Transport. The Shared Transport
Netwrk Element ("Shared Transport") provides the
collective interoffce transmission facilties shared by various
Carriers (including Qwest) between end-offce switches and
between end-offce switches and local tandem switches
within the Local Callng Area. Shared Transport uses the
existing routing tables resident in Owest switches to carr
the End User Customer's originating and terminating
local/extended area service Interoffce Local traffc on the
Qwest interoffce message trunk netwrk. CLEC traffc will
be carried on the same transmission facilties between end-
offce switches, between end-offce switches and tandem
switches and betwen tandem switches on the same
netwrk facilties that Qwest uses for Its own traffc. Shared
Transport does not include use of tandem switches or
transport between tandem switches and end-offce switches
for Local Calls that originate from end users served by non-
Qwest Telecommunications Carriers ("Carrier(s)" which
terminate to QLSP End Users.
1.4.3 ICNAM and L1DB. CLEC will have non-
discriminatory accss to Qwests L1DB database and ICNAM
database as part of the delivery ofQLSP Service.
2
QWEST LOCAL SERVICES PLATFORM!l AGREEMENT
ATTACHMENT 2-QLSP!l Service Description
1.5.3 lntraLATA and InterLTA Carrier Designation.
QLSP includes the capabilty for selecton of the interLATA
and intraLATA Toll provider(s) on a 2-Primary Interexchange
Carrer (PIC) basis. CLEC will designate the PIC
assignment(s) on behalf of its End User Customers for
interLATA and Intra LATA Servces. All CLEC initiated PIC
changes will be in accrdance with all Applicable Laws, rules
and regulations. Qwest will not be liable for CLEC's
improper PIC change requests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Qwst does not
authorize CLEC to offer, request, or select Qwest LPIC 5123
service to CLEC's End User Customers for intra LATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwest LPIC 5123 to CLEC's End User
Customers, Qwest will bil CLEC and CLEC will pay Qwest
the rates contained or referenced in the attched Rate
Sheet.
of an analog Line Side Port and Shared Transport provided
under the Agreement with an analog - 2 wire voice grade
Loop provided in accrdance with CLEC's ICAs, except for
those Loops that are otherwse provided for in the
Agreement.
.included in the Agreement or this Attachment and accss
tandem charges, if any, may be biled by Qwest to the IXC(s)
under the applicable access tariff.
1.6.5 QLSP PBX is available to CLEC for CLEC's
business End User Customers.
1.6.5.1 PBX analog non-DID trunks are combinations
of an analog Line Side Port and Shared Transport
provided under the Agreement. with an analog - 2 wire
voice grade Loop provided in accrdance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 2 wire
voice grade Loop provided in accrdance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.5.5 Usage. Shared Transport is biled on a MOU
basis as described within this Attchment. Rates for
.Shared Transport Usage" or .Shared Transport MOUs" are
provided in the QLSP Rate Sheet.
1.6.5.3 PBX with analog 2- way DID trnks are
combinations of a DID trnk Por and Shared Transport
provided under the Agreement with an Analog - 4 wire
voice grade Loop provided in accrdnce with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.1.6 QLSP Service Arrangement Descriptions.
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,
Centrn, 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 ICAs, except for those Loops that
are otherwse provided for in the Agreement.
1.6.6 QLSP Residential is available to CLEC for CLEC's
residential End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except as
otherwse provided for in the Agreement. QLSP Residential
may be ordered and provisioned only for residential End
User Customer application. The definition of residential
service is the same as In Qwsts retail tariff as applied to
Qwests End User Customers.
.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 accrdance with CLEC's ICAs, except for those
Loops that are otherwse provided for in the Agreement.
1.6.2.1 CLEC may request a conversion from Centrex
21, Centrex-Plus or Centron service to QLSP Business or
QLSP ResidentiaL. The Conversion NRC(s) provided In
the Rate Sheet will apply.
1.6.6.1 In order for CLEC to receive QLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must Identify
residential end users by working telephone number
(WTN) utilizing the LSR process as described In the
Qwest wholesale website.
2.0 Additional Terms and Conditions and Service Features.
2.1 Qwest does not warrant the availability of facilities at any
serving wire center. QLSP Services will not be available if
facilities are not available. Qwest represents and warrnts
that it will not otherwse restrict facilities eligible to provide
QLSP Service and that any and all facilties that would
otherwse be available for retail servce to a Qwest End User
Customer will be considered eligible for use by CLEC for
OLSP Service to serve that same End User Customer.
1.6.2.2 Owest will provide acces to Customer
Management System (CMS) with QLSP-Centrex at the
rates set forth in the Rate Sheet.
Loop Start ("LPS") to Ground Start ("GST") and GST to
LST Changes ("LPS/GST Change") are available with
QLSP Services. POTS Services (e.g., a QLSP Centrex 21
line) can functionally and operationally be provisioned as
1.6.4 QLSP PAL is available to CLEC for only CLEC's either LPS ?r. GST. Unless s~ecifically request~ otherwse,
Payphone Service Providers (PSPs) and is the combination Qwest provisions POTS SeMces as LPS. GST is generally
.ovember 18, 2010lkjclMatrix Telecoml Attchment 2 - QLSP!l - (v8-2Q-10) Page 3 of 7
AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-101021-0070; ID-GDS-1 01 021-0071 ; MN-CDS-101 021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SD-GDS-101021-0078; UT-CDS-1 01 021-0079; WA-CDS-101021-0080; WY-CDS-101021-0081
1.6.3 QLSP ISDN BRI is available to CLEC for CLEC's
End User Customers and Is the combination of a Digital Line
Side Port (supportng BRI ISDN), and Shared Transport
provided under the Agreement with a Basic Rate ISDN-
capable Loop provided in accrdance with CLEC's ICAs,
except for those Loops that are otherwse provided for In the
Agreement.
2.2
3
2.3
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
provisioned for Private Branch Exchange ("PBX") type
services. LPS/GST Changes allow the CLEC to request a
facilty served by LPS to be changed to GST or vice vers.
Additional information and ordering requirements are
detailed on the Qwest Wholesale website.
2.2.1 The Subsequent Order Charge provided In the
QLSP Rate Sheet and the Qwest retail Tariff nonrecurrng
charge ("NRC") for LPS/GST Changes, .less an 18%
wholesale discount, will be added to service orders
requesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwest will provide to CLEC
certin originating and terminating call recrds ("usage
information") generated by CLEC's QLSP end user via a
DUF.
2.3.1 Qwest will provide to CLEC Local Call usage
information within Qwests control with respect to calls
originated by or terminated to CLEC QLSP End User
Customers in the form of the actual Information that is
comparable to the information Owest uses to bil its own End
User Customers.
2.3.2 Qwest will provide to CLEC usage information
necssary for CLEC to bil for interLATA and intraLATA
exchange access to the IXC (excluding Intr LATA usage
information If Qwst LPIC 5123 is selected as the IntraLATA
Toll provider) in the form of either the actual usage or a
negotiated or approved surrogate for this information, as
such biling is described and allowe under secon 3.7 of
this Attchment. These exchange accss recrds will be
provided as Category 11 EMI records via the DUF.
2.3.3 Qwest will provide DUF records for the following:
all usage occurrences bilable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrupt (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.
Terminating Local Call usage recrds are not collected or
available and will not be provided.
2.4 Feature and interLATA or intr LATA PIC changes or
additions for QLSP, will be processed concurrently with the
QLSP order as specified by CLEC.
2.7
2.8
2.9
If Qwest develops and deploys new local switch features ito
its End User Customers, those switch features will
available with QLSP Servce In the same areas and subj
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.
Nothing in the Agreement alters or affects CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
Qwst Operator Service and Directory Assistance Service
are provided under the terms and conditions of CLEC's
ICAs.
3.0 Rates and Charges.
2.5 Accss to 911/E911 emergency Services for CLEC's End
User Customers will be available in accrdance with CLEC's
ICAs. If Qwest is no longer obligated to provide access 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 servces as an obligation under 47
U.S.C. §251.
3.1 The recurrng ("MRC") and NRC rates for QLSP Services
and all associated QLSP applicable usage-based rates and
miscellaneous charges are set fort or incorporated by
reference into the attched QLSP Rate Sheets. Rates for
QLSP Servce are in addition to the applicable rates for
elements and Servces provided under CLEC's ICAs.
Applicable Intercarrier compensation rates and charges
(such as accs charges, reciprocal compensation, and
other charges for elements and services) are applicable and
are provided under a separate Agreement or Tariff.
2.6 Qwest AIN and VMS are offered on a commercial basis and
may be purchased with QLSP at the rates set forth in the
attached Rate Sheet. Retail promotions may not be
combined with QLSP.
3.2 QLSP rates Effctive Date through Term. Starting on the
Effecive Date of the Agreement, rates for the Service will be
those provided or referenced in the attched Rate Sheet.
The MRCs for the switch port will be adjusted annually,
effective January 1 of each year through the term of the
Agreement. CLEC is eligible for and will receive diSCOU~
on the Basic Plan switch port MRCs if it meets the volu
plans described below. Discounts are not cumulative an
Qwest will apply the highest discount rate for which CLEC
qualifies. Basic Plan MRCs will apply if CLEC does not
qualify for any discunt.
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 Growth 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
the Business Port MRCs and a 6% discount off of the
Residential Port MRCs applicable during the next
calendar year.
For purposes of counting CLEC's total QLSP lines in section
3.2 as of October 31 of each year, Qwest will include all
QLSP lines, if any, from the previous year. For example, to
determine 2011 QLSP rates. Qwest will use the total numb.
November 18, 2010/kjclMatrix Telecom/ Attachment 2 - OLSPI!- (v8-20-10) Page 4 of 7
AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-101021-0070; ID-CDS-101021-0071; MN-CDS-101021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SD-CDS-101021-0078; UT-CDS-1 01 021-0079; WA-CDS-101021-0080; WY-CDS-101021-0081
3.3
4
.
.7
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
3.4
of CLEC's QLSP lines as of Octobr 31, 2009 compared to
CLEC's total number of QLSP lines as of October 31,2010
in order to calculate CLEC's discount eligibilty on January 4,
2011. Each subsequent adjustment will be effecte on each
January 1 during the tenm of the Agreement.
Except as otherwse provided herein, the Loop element
combined with a QLSP Service will be provided In
accrdance with CLEC's ICAs with Qwst at the rates set
forth In those ICAs.
including but not limited to flat. rate trnsport charges, in
accrdanc with the applicable Tariff
3.8 Local Switching Usage and Shared Transport Minute of
Use (MOU) This secion describes the use of the Qwst
netwrk for different call tyes originated by or tenminated to
QLSP End Users. This secton does not affec Qwsts
rights to charge IXCs for signaling as descrbed in Section
1.4.2 of this Attchmen.
3.5
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 OLSP Rate Sheet, the
Pares understand and agree that Qwest has the right to
adjust commercal 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 constitues its accptance of such updated rates.
CLEC will be responsible for billng its QLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statute, regulation or as otherwse
required.
3.8.2 Originating InterOce 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 types that also tenminate to an end user served by
a non-Qwest carrer, Owt may pay that Carrer certin
tenminating compensation chrges under tenms and
conditions of a separate ICA
3.8.1 Originating IntraOfce Local Calls - This
originating Local cali requires switching by the local serving
Owt end offce Switch only. When this call tye is
originated by a QLSPEnd User, Local Switch Usage
charges provided in the QLSP Rate Sheet will apply. For
these call types that also tenminate to an end user served by
a Carrer, Qwest may pay that carrer certin tenminating
compensation charges under tenms 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 intraLATA Carrer must be
requested by CLEC on behalf of its End User Customer.
Intercarrier Compensation. Except as specifically
described In this Section, the Agreement does not change or
amend applicable intercarrer compensation arrangements
(including but not limited to Switched Accs, Signaling, or
Transit charges) between any parties, including between
Qwest and carriers or IXCs.
3.8.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local serving Qwest end offce.
If the QLSP End Usets selected IXC does not have direct
trunking to the local serving Qwest end offce, Shared
Transport is required to deliver that call to the Accss
Tandem for delivery to the IXC. When this call type is
originated by a QLSP end user, Local Switch Usage
provided in the QLSP Rate Sheet applies. Additionally, If
Shared Transport Is necesary to deliver the call to the
Access Tandem, Shared Transpor 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.
3.7.1 Switched Access. For QLSP End User
Customer(s), Qwest will not charge to or collec from the IXC
usage based end offce and loop Switched Accss charges
(such as Switched Access Local Switching, End OffceShared Port, Tandem Transmission and Carrier Common
Line) for InterLTA or IntraLATA Toll Calls originating or
tenminating from that QLSP End User Customets line to an
IXC.
3.8.4 Terminating IntraOfce and InterOce Local
Calls. This tenminating 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 tenminated to a QLSP end user, no charges will apply
under QLSP. For these call types that originate from an end
user served by a Carrier, Qwest retains its rights to bill that
Carrier certin Transit charges as described in Secton 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 LIDS,
ICNAM and 8XX) assocated with interLTA and intr LATA
Toll Calls originated by or tenminated to a QLSP End User
under the applicable Tariff.
3.8.5 Terminating IXC Toll Calls. This tenminatlng Toll
Call always requires switching by the local serving Qwst
end offce. If the originating callets IXC does not have direct
trunklng to the QLSP end usets local sering Qwst end
offce switch, Shared Transport is required to tenminate the
call to the receiving OLSP end user. When this call type is
tenminated to a QLSP end user, Local Switch Usage
3.7.~ Other. .Qwest retains its rights to billlXCs or other charges provided in the Rate Sheet will apply. Additionally,
Carrers, as applicable, any and all other access charges If Shared Transport is necessary to deliver the call to the
. and assessments not expressly addressed in this section, QLSP end user frm the accss tandem, Shared Transport
ovember 18, 2010/kjclMatrix Telecoml Attachment 2 - QLSP~ - (v8-2Q-10) Page 5 of 7
AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-101021-0070; ID-eDS-101021-0071; MN-CDS-101021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-eDS-101021-0077;
SD-CDS-101021-0078; UT-CDS-101021-0079; WA-CDS-101021-0080; WY-CDS-1 01 021-0081
3.7.3 Transit. For any call originated by an end user
served by a Carrier that routes through Qwests netwrk and
which terminates to a QLSP End User, Qwest retains its
rights to bill the originating Carrier Transit charges for that
call under the originating Carrets Agreement.
5
3.9
3.10
3.11
4.0
4.1
4.2
4.3
4.4
4.5
QWEST LOCAL SERVICES PLATFORMIí AGREEMENT
ATTACHMENT 2--LSPIí Service Description
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, Qwest retains
its rights to bil the ¡XC 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.
Qwst will have a reasonable amount of time to implement
system or other changes necessary to bil CLEC for rates or
charges associated with QLSP Services
QLSP Service have a one-month minimum service period
requirement for each CLEC End User Customer. The one-
month minimum service period Is the period of time that
CLEC Is required to pay 100% of the MRC for the Servce
even if CLEC does not retain Service for the entire month.
QLSP Service are biled month to month and will afer the
one month minimum service period is satisfied be pro-rated
for partal months based on the number of days Service was
provided.
The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing serce,
including changing a telephone number, initiating or
removing suspension of Service, denying or restoring
service, adding, removing or changing features, and other
similar requests.
Systems and Inteñaces.
Qwest and CLEC will support the use of current OSS
Interface and OSS business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time.
OLSP Services are ordered utilzing the LSR process as
descrbed In the Qwest wholesale website.
Prior to placing an order on behalf of each End User
Customer, CLEC will be responsible for obtaining and will
have inits possession a Proof of Authorization as set forth in
the Agreement.
When Qwest or another provider of choice, at the End User
Customets request, orders the discontinuance of the End
User Customets existing servce with CLEC, Qwest will
render its closing bil to CLEC. effective as of the
disconnection. Qwest will notify CLEC by FAX, OSS
interfce, 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.
The Partes will provide each other with points of contact for
order entry, problem resolution, repair, and in the event
special attention is required on service request.
6.0
6.1
bill its End Users or other Carrers (including Qwest), Qw~
will work with CLEC in good faith to deliver such infOrmatiO,.
Maintenance and Repair.
Qwt 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 Qwst facilities or equipment, other than by
connection or disconnection to any interface between Qwest
and the End User Customer, without the wrtten consent of
Qwst.
6.2 Qwest will provide general repair and maintenance Services
on its facilities, Including those facilties supportng OLSP
Services purchased by CLEC. Qwest will repair and restore
any equipment or any other maintainable component that
adversely impacts CLEC's use of QLSP Service. Qwest and
CLEC will cooperate with each other to implement
procedures and processes for handling serviceaffecting
events. There will be no charge for the Servces provided
under this Section 6, except as set forth in the Rate Sheet.
7.0 Commercial Peñormance Measures and Reporting,
Peñormance Targets 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
Services in a timely and effcient manner with dilgence and
care, consistent with the professional standards of practice
in the Industry, and in conformance with Applicable Law.
The QLSP Service attributes and process enhancements,
not subject to the Change Management Process ("CM
CLEC proposed changes to QLSP Service attributes an
process enhancements will 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.
7.1
7.2 Qwest will provide commercial performance measurements
and reportng against established performance targets with
QLSP Service. The following performance measurements
will apply to QLSP Residential and QLSP Business: (a) Firm
Order Confirmations (FOCs) On Time; (b) Installation
Commitments Met; (c) Order Installation Interval; (d) Out of
Service Cleared within 24 Hours; (e) Mean Time to Restore;
and (flTrouble Rate.
7.3 Commercial measurement definitions, methodologies,
performance targets and reporting requirements are set forth
in Attchment 3 to the Agreement. Qwest will provide CLEC
with the raw data necessary to allow CLEC to dlsaggregate
results at the state leveL. Reporting of these performance
measures will be applied for activity beginning the first full
month of Service after January 4, 2011.
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
Qwest will bil CLEC, on a monthly basis, within seven to ten within 24 hours occurring after January 4, 2011. All serviceDays of the last day of the most recent Biling period, in an credits will be applied automatically by Qwest as credit
agreed upon standard electronic format. Billing information against CLEC's bil for the billng period following the one inwill include a summary bil and Individual End User which the credits were accrued. Credits for Services
Customer sub-accunt information. If CLEC needs provided under the Agreement will be applied for activity
additional or different biling information in order to properly beginning the first full month after January 4, 2011. A.
November 18, 2010!kjclMatrix Telecom! Attachment 2 - QLSP~ - (v8-20-10) Page 6 of 7
AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-101021-0070; ID-CDS-101021-0071; MN-CDS-101021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SD-CDS-101021-0078; UT-CDS-1 01 021-0079; WA-CDS-1 01 021-0080; WY-CDS-101021-0081
5.0
7.4
6
.
.
8.0.
8.2
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
A IT ACHMENT 2-QLSP~ Service Description
credits or payments related to the Service provided prior to
the first full month following January 4, 2011 and in
accrdance 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.
7.4.1 Installation Commitments Met. For each
installation commitment that Qwest, through its own
fault, fails to meet, Qwst will provide a service credit
equal to 100% of the nonrecurrng charge for thatinstallation. 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 commitmenf' and the
associated exclusions are describe In Attchment 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, Qwest will
provide a service credit equal to one day's recurring
charge (monthly recurrng charge divided by 30) for
each day out of servce 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 recurring charge divided by 30. If the out-of-
service condition existed for 48 to 71 hours, the credit
would equal tw times the monthly recurrng charge
divided by 30).
Service Penormance Measures and Reporting and
Penormance Assurance Plan (PIDIPAP) (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 Attchent, Qwest will,in Washington
only, provide perfrmance measurements, reporting, and
remedies compliant with the Washington Perfrmance
Indicator Definitions ("PIDs") and the Qwest Washington
Performance Assurance Plan ("PAP") for the Services, if
eligible, provided under the Agreement 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 Services provided under the
Agreement and this Attchment outlined in Section 7.0 of
this Attchment.
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 8
and Exhibit K for Washington, respectively. Those PIDs and
that PAP are incorporated by referenced into, and made a
part of, this Attchment. Subsequent changes to the PIDs or
PAP submitted to the WUTC will be Incorporated into the
applicable exhibit as soon as they are effectve either by
operation of law or WUTC order, whichever occurs first and
without furter amendment to this Attchment.
8.4 Eligible QLSP Servce will be Included in the UNE-P PAP
results beginning the first full month following the Effective
Date of the Agreement.
8.5 Notwthstanding the dispute resolution provisions in the
Agreement, the Partes will resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution 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 certfied CLEC under applicable state rules and
have elected the PID and PAP under its Washington
interconnection agreement with Qwest.
eovember 18, 2010/kjclMatrx Telecoml Attachment 2 - QLSP~ - (v8-20-10)AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-101021-0070; ID-CDS-101021-0071; MN-CDS-101021-0072;
MT-CDS-101021-0073; ND-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077;
SD-CDS-101021-0078; UT-CDS-101021-0079; WA-CDS-1 01 021-0080; WY-CDS-1 01 021-0081
Page 70f7
7
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.
.
ATTACHMENT 3
Performance Targets for Owest OLSpTM Service
ATTACHMENT 3 - Perfonnance Targets for Owest QLSp™ Servce
FOC-1 - Firm Order Confirmations (FOCs) On Time
Purpose:
Monitors the timeliness with which Qwest returns Firm Order Confirmations (FOCs) to CLECs in
response to LSRs received from CLECs, focusing on the degree to which FOCs are provided within
specified intervals.
Description:
Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the
intervals specified under "Performance Targets" below for FOC notifications.
. Includes all LSRs that are submitted through IMA-GUI and IMA-EDI interfaces that receive an FOC
during the reporting period, subject to exclusions specified below. (Acknowledgments sent
separately from an FOC (e.g., EDI997 transactions are not included.)
. For FOC-1A, the interval measured is the period between the LSR recived date/time (based on
scheduled up time) and Qwests response with a FOC notifcation (notification date and time).
. For FOC-1 B, the interval measured is the period between the application date and time, as defined
herein, and Qwests response with a FOC notification (notification date and time).
. "Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC.
. "Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EDI and involve manual
processing.
. LSRs wil be evaluated according to the FOC interval categories shown in the "Performance
Targets" section below, based on the number of lines requested on the LSR or, where multiple
LSRs from the same CLEC are related, based on the combined number of lines requested on the
related LSRs.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . FOC-1A: FOCs provided for fully electronic LSRs received via IMA-
GUI or IMA-EDI
FOC-1 B: FOCs provided for electronic/manual LSRs received via
IMA-GUI or IMA-EDI
Formula:
FOC-1A = nCount 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 periodH x 100
FOC-1 B = nCount 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
periodH x 100
ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
Page 2
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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 starUstoo dates/times.
Product Reporting:Penormance Taraet:
FOC-1A 95% within 20 minutes
QLSP-POTS
FOC-1B 95% within standard FOC
intervals (specified below)
Standard FOe Intervals
Product Group NOTE 1 FOe
Interval
QLSP-POTS (1-39 lines) FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
Performance wil be measured
beginning the first full month of
QLSP service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
oroduct tvoe are considered ICB.
ATIACHMENT 3 - Perfmiance Targets for Owest QLSp™ Servce
Page 3
ICM.1 . Installation Commitments Met
Purpose:
Evaluates the extent to which Qwest installs services for Customers bv the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
. All inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all Corders
representing inward activity (with "I" and"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 Qwest is counted as a met
due date. The Applicable Due Date is the original due date or, if changed or delayed by the
customer, the most recently revised due date, subject to the following: If Qwest changes a due
date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that
is (a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if
anv.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
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-Qwest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving offcial company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
.
ATIACHMENT 3 - Performance Targets for Qwst QLSpTM Service
Page 4
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Product Reporting Performance Target:
MSA.TvDe:
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 Qwt QLSpTM Service
Page 5
011.1 . Order Installation Interval
Purpose:
Evaluates the timeliness of Qwests installation of services forCLECs, focusing on the average time to
install service.
Description:
Measures the average interval (in business days) between the application date and the completion
date for service orders accepted and implemented.
. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
. Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date is the CLEC-initiated due date, if any, thatis (a~ subsequent to
the original due date and (b) prior to a Qwest-initiated, changed due date, if any. OTE 1
. Time intervals associated with CLEC-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest
Qwest-initiated due date, if any, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE
Reporting Period: One month I Unit of Measure: Average Business Days
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:
01l-1A Dispatches (Includes within MSA and outside MSA); and
011-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
011-1 C 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 oroiects.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 6
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Re orted As:
Avera e business da s
Zone-T e.
Peñormance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
6 Days
3.5 Days
Availabilty:Notes:
1. Accrding to this definition, the Applicable Due Date can
change, per succssive CLEC-initiated due date changes or
delays, up to the point when a Qwest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(Le., with no further changes) as the date on which it was set
prior to the first Qwest-initiated due date change, if any.
Following the first Qwest-initiated due date change, any further
CLEC-initiated due date changes or delays are measured as
time intervals that are subtracted as indicated in the formula.
These delay time intervals are calculated as stated in the
description. (Though infrequent, in cases where multiple
Qwest-initiated due date changes occur, the stated method for
calculating delay intervals is applied to each pair of Qwest-
initiated due date change and subsequent CLEC-initiated due
date change or delay. The intervals thus calculated from each
pairing of Qwst 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).
ATIACHMENT 3 - Performance Targets for Qwst QLSp™ Service Page?
00S24-1 - Out of Service Cleared within 24 HoursPurpose: .
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 hoursfor out-of-service conditions). .
Description:
Measures the percentage of out of service trouble reports, involving specifed services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified
service that is out-of-service (Le., unable to place or receive calls), subject to exclusions
specified below.
. Time measured is from date and time of recipt of trouble ticket to the date and time trouble is
indicated as cleared.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" 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 in 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 Reports closed in the reporting period that are cleared within 24
hours) I (Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100 .
Exclusions:
. Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit
Found OK, and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer
Instruction, Carrier, Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test
o K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no accss" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technicianlinstaller 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 oer the measure definition..
ATTACHMENT 3 - Perfrmance Targets for Owest QLSp™ Service
Page 8
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Product Reporting:Performance Taraets:
MSA.TvDe..QLSP POTS Dispatch and Non-Dispatch 190%
Zone.TvDe.
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Perfonmance Targets for Qwest QLSp™ Servce
Page 9
MTTR-1 - Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusina how lona it takes to restore services to orooer ooeration.
Description:
Measures the average time taken to clear trouble reports.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified below.
. Includes customer direct reports, customer-relayed reports, and test assist reports that result in a
trouble report.
. Time measured is from date and time of receipt to date and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Hours and Minutes
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
MTTR-1A Dispatches (Includes within MSA and outside MSA); and
MTTR-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported accrding 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 reporting period)
Exclusions:. Trouble reports coded as follows: .
- For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the
Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0
K (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 Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving 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 oer the measure definition.
.
ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 10
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Product Reporting:Performance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-Tvne -.
Availabilty:Notes:
Performance wil be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 11
TR.1 . Trouble Rate
Purpose:
Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or
element.
Description:
Measures trouble reports by product and compares them to the number of lines in service.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified
below.
. Includes all applicable trouble reports, including those that are out of service and those that are
only service-affecting.Reporting Period: One month Unit of Meaure: 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 MTAS data (products listed for MSA-type, trouble reports coded
to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network
Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone- .
type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrier Action (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".
. For products measured from MTAS data (products listed for MSA-type, trouble reports involving a
"no access" delay.)
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement Der the measure definition.
.
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 12
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Product Reporting:Performance Target:
MSATvDe:
QLSP-POTS ..Diagnostic
Zone TVDe: .
Availability:Notes:
Performance will be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
ATIACHMENT 3 - Performance Targets for Qwst QLSp™ Service
Page 13
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Qwest Local Servces Platform™ (QLSpTM) Rate Page -Idaho
Janua 4 2011 throu h Term*
109.8 Shared TranSoPurchase As Part of QLSP'"
109.8.1 QLSplM Residential Business and PAL in ID' (Per MOU $0.0011100
109.8.2 QLSplM . Centrx ISDN BRI PAL in ID-N and PBX Analoa Trunks (Per linelnk UGUST $0.35
109.11 Local Switch Ina Purchas As Part of QLSP'"
109.11.1 Por 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 Effectve OLSplM Residential Analoa Port 3.14 1
109.11.1.4 Diaital Port (Sunnortnn BRI ISDN 17.40
109.11.1.5 PBX DID Port 7.30
109.11.Intntlonallv Blank
109.11.3 Port If 90% YOY Volume Retntion Plan Raolrements ke Met
109.11.3.1 Analoa Port 5.59
109.11.3.2 Analoa Port Residential end user credit LAWUR 2.51 1
109.11.3.3 Efctve DLSplM Residential Analon Port 3.08 1
109.11.3.4' Dlaital Port (Suooortna BRIISDN 17.40
109.11.3.5 PBX DID Port 7.30
109.11.Intentonallv Blank
109.11.5 Por If 115% YOY Volume Grow Plan R""ulrements ke Met
109.11.5.1 Analoa Port S4.35
109.11.5.2 Analoa Port Residential end user credit LAWUR 1.40 1
109.11.5.3 Effve OLSplM Residential Analoa Port 2.95 1
109.11.5.Diaital Port (Sunnortnn BRI ISDN 17.40
109.11.5.5 PBX DID Port 7.30
109.11.6 IntentonallY Blank
109.11.7 Loal Swh Usaae
109.11.7.1 LSplM Residential. Busines, and PAL in ID' Per MOU $0.001343
109.11.7.2 OLSplM Centrex ISDN BRI PAL in ID-N and PBX Analon Trunks (Per Linelrunk UGUFM !£1.13
109.11.Switch Featres 2
109.11.8.1 Account Codes - ner Sviem AZPS 75.00
109.11.8.2 Attendant Ac Line. oer Station Line DZR 10.00
109.11.8.3 Audible Messaae Waitinn MGN t.12.00
109.11.8.Authoriation Codes - Der Svstem AFYS 85.00
109.11.8.5 Autom~tic Line ETVB !!.OO
109.11.8.6 Automatic Route Selecon - Common Eauinment ner Svsem F5GPG $2200.00
109.11.8.7 Call Dron FlO ONLY !t~.00
109.11.8.8 Call Exclusion - Autamatic NXB ISDN $5.0
109.11.8.9 Call Exclusion - Manual NA-FID $5.00
IDSNI
109.11.8.10 Call Forwrdinn Busy Line -Incominn 0nlv 69B1X 5.00
109.11.8.11 Call Forwrdina Don't Answer Incomina Onlv 69A 5.00
109.11.8.12 Call Fo""rdinn: Busy Line I Don1 Answer Proarammable Service Establishment SEPFA 50.00
109.11.8.13 Call Forwrdina: Don1 Answr I Call Forwrdina Busy Cu"¡amer Proarammable. ner Line FSW 10.00
109.11.8.14 Call Waitina Indication,- Der Timing State WUT 25.00
109.11.8.15 Centrex Common Eauinment HYE HYS 160.00
109.11.8.16 CLASS-CaIlTrace Per Occurrence NOUSOC 0.46
109.11.8.17 CLAS -Continuous Redial NSS 10.00
109.11.8.18 CLAS - Last Call Retum NSQ 10.00
109.11.8.19 CLAS - PriorilYCallna NSK 10.00
109.11.8.20 CLAS - Selectve Call Forwrdina NCE 10.0
109.11.8.21 CLAS - Selecve Call Reiecton FKQPN NSY 10.00
109.11.8.22 Direct Station Selecon I Busv Lamo Field. oer Arnoement BUD 8.00
109.11.8.23 Directd Call Pickun 1Mh Barae-in 6MD 5.00
109.11.8.24 Directed Call Pickuo 1Mout Baroe-in 690 ;.ne
109.11.8.25 Distinctie Rina/Distinctve Call Waitinn RNN .00
109.11.8.26 Exnensive Route Wamino Tone. Der Svstem AQWPS 90.00
109.11.8.27 Groun Intercom GCN !!.OO
109.11.8.28 Hot Line, per Line HLN, HLA $8.00
109.11,8.29 Huntina: Multnosition Hunt Dueuina MH5 $5.00
109.11.8.30 Huntinn: Multnosition 1M Announcement in Queue MHW !£5.00
109.11.8.31 Huntina: Muitinosition with Music in ueue MOHPS $100.00
109.11.8.32 ISDN Short Hunt NHGPG,$10.00
NHGPN
109.11.8.33 Loudsoeaker Paoino. oer Trunk GrOUD PTQPG I~B
109.11.8.34 Make Busy Aranaements ner Graun A9AEX P89 $20.00
109.11.8.35 MakA Busv Aranaements. oer Line MB1 !£1n.00
109.11.8.36 Mesaae Center. ner Main Station Line MFR $8.00
109.11.8.37 Messane W~~inn Visual MV5 ICB
109.11.8.38 Music On Hold. nerSvstem MHHPS $75.00
100.11.8.39 Pnvacv Release K7KPK $5.00
109.11.8.40 OueN Time QT1PK $5.00
109.11.8.1 SMDR-P - Archived Data SR7CX $300.00
109.11.8.42 SMDR-P - Service Establishment Charge, Inital Installation SEPSP,$165,00
SEPSR
109.11.8.43 Station Camn-On Service ner Main Station CPK !£8,00
109.11.8.44 Time 01 Dav Control for ARS. Der Svstem ATBPS $125.00
109.11.8.45 Time olDav NCOS Undate MT !£1.00
109.11.8.46 Time 01 Dav Routina. Der Line ATB $1.00
109.11.8.47 Trunk Verication from Desinnated Station BVS !£100.00
109.11.8.48 UCD in Hunt GrauD. Der Line MHM $11.00
109.11.8.49 Premium Port Feares- Additonal Charae $2.08
109.11.8.49.1 CMS - Svstem Establishment - Initial Installation MB5XX !£1000,00
Qwst Locl Services Platfrm 1M Agreement QLSP1M Rate Sheet-V1.2.3 04.11.08
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Qwest Local Services Platform™ (QLSpTM) Rate Page -Idaho
*Janua 4 2011 throu hTerm
109.11.8.49.2 CMS - Svem Establishment Subsenueñi Installation .CPlO S5QO.OO
'09.1'.8.4!l.3 CMS - Packet Control Canabilôl ner S~tem PTGPS $1500.00
109.11.8.49.4 Conference Callina - Meet Me MJJPK ~~.OO
109.11.8.49.5 Conference Callino - Prset M09PK $5.00
109.11.8.49.6 Conference callina - Station Dial 6-Wavl GVT $5.00
109.11.9 Oter
109.11.9.1 Custom Number
109.11.9.1.1 Idaho Nort See Applicable Owl Retail 6
Tari, Catalog or Prce List less
Discount (which will be
provided pursuant to terms and
conditons in CLEC's ICA).
109.11.9.1.2 Idaho South See Applicable Owt Retail 6
Tarif, catalog or Pri List les
Disunt (which will be
provided pursuant 10 term and
conditins in CLEC's ICA).
109.11.9.2 PBX DID Comnlex Translations Dinits Ou1nulsd Channe Sinnalinn ~15.2
109.11.9.3 PBX DID Comolex Translations Sionalina Chanae $35.5
109.11.9.4 PBX DID Bloc Comnromise $25.5
109.11.9.5 PBX DID Grouo of 20 Numbers $31.3
109.11.9.6 PBX DID Reserve Senuenti~1 :t Block ~25.3
109.11.9.7 PBX DID Reserve Nonseauential Telenhone Numbers $23.6
109.11.9.8 PBX DID Nonseouential Teleohone Numbers $33.1
109.11.10 Sub8Muenl Order Charae NHCUU $12.17 4
109.11.11 Qwesl Cornnratlon /QCllntaLATA Toll LPIC 5123
109.11.11.1 Idaho Nort See Applicable Owt Retil 6
Tari, Catlog or Price List less
Discount (which will be
provided pursuant to terms and
conditions in CLEC's ICA).
109.11.11.2 Idaho South See Applicable Owst Retail 6
Tari, Catalog or Price List les
Discount (which will be
provided pursuant to terms and
conditions in CLEC's ICA).
109.20 Miscelaneos Charges 5
109.20.1 Deslon . Nort
109.20.1.1 Maintenance of Service
109.20.1.1.1 Basic
109.20.1.1.1.1 Forst Increment WW'X -
109.20.1.1.1.2 Each Additonal Increment WW1X -
109.20.1.1.2 Overtme
109.20.1.1.2.1 Firs Increment WWOX -
109.20.1.1.2.2 Each Additional Increment WW2X -
109.20.1.1.3 Premium
109.20.1.1.3.1 First Increment WWPX ..
109.20.1.1.3.2 Each Additional Increment WW3X ..
109,20.1.2 Ontional Tesnn Additional Labor
109.20.1.2.1 Basir. Firs ~nd Each Additional Increment OTNBX -
109.20.1.2.2 Overtme Fors and Each Additonal Increment OTNOX -
109.20.1.2.3 Premium First and Each Additional Incrment OTNPX -
109.20.1.3 Disnatc Additional Disnatch - No trouble found'VT6DC ..
109.20.1.4 Disoalch for Maintenance of Service - No Trouble Found VT6DM ..
109.20.2 Deslon and Non-Deslon - Nort
109.20.2.1 Trin Charne - Premises Visit Cha~e SCO -
109.20.2.2 Premises Work Chame
109.20.2.2.1 Basic
109.20.2.2.1.1 Forst Increment HRD11 ..
109.20.2.2.1.2 Each Additional Increment HRDA1 ..
109.20.2.2.2 Overtme
109.20.2.2.2.1 First Increment HRD12 -
109.20.2.2.2.2 Each Additional Increment 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 Charae
109.20.2.3.1 Basic Forst Increment HRR11 ..
109.20.2.3.2 Basic Each Additional Increment HRR1 -
109.20.2.3.3 Ov..rtime First Increment HRR12 -
109.20.2.3.4 Overtime Each Additonal Incrment HRRA -
109.20.2.3.5 Premium Firs Increment HRR13 ..
109.20.2.3.6 Premium Each Additional Increment HRRA ..
109.20.2.4 DateChanae VT6DC ..
Owst Local Services Platform TM Agreement 2QLSp™ Rate Sheet-V1.2.3 04.11.08
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Qwest Local Services Platform™ (QLSpTM) Rate Page . Idaho
J 4 2011 h h T *anua t rou erm
Desion Chanoe H28 ü
Exneditè Charne Per day advanced EODDB ü
Cancellation Charae No SOC ICB
109.20.3 Non-Deslon - SOUL
109.20.3.1 Netrk Premises Wor Charae
109.20.3.1.1 All Hours 1st 15 minutes HRH11 ü
109.20.3.1.2 All Hours next three 15 minutes HRHA1 ü
109.20.3.1.3 All Hours ea addfl 15 minutes HRDA1 ü
109.20.Deslon - SouUl
109.20.4.1 Maintenance of Serice
109.20.4.1.1 Basic
109.20.4.1.1.1 Firs Increment MVXX ü
109.20.4.1.1.2 Each Additional Increment MV1X ü
109.20.4.1.2 Overtme
109.20.4.1.2.1 First Increment MVOX ü
109.20.4.1.2.2 Each Additional Increment MV2X ü
109.20.4.1.3.1 Premium
109.20.4.1.3.1 First Increment MVPX ü
109.20.4.1.3.2 Each Additional Increment MV3X ü
10Q?04.?rlntlnn~1 ..
R~.;c ., Arri.;nn~1 Inc,..m..nt rlTNRX ü
109.20.4.2.2 Overtme Firs and Each Additional Incrment OTNOX ü
109.20.4.2.3 Premium First and Each Additinnal Increment OTNPX ..
109.20.4.3 Disnatch (Arditonal Disn~tch - No trouble found VT6DC ..
109,20.4.4 Disoàtch for Maintenance of Service - No Trouble Found VT6DM ..
109.20.4.5 Netwrk Premises Work Charne
109.20.4.5.1 Basic
109.20.2.5,1.1 First Increment HRHll ..
109.20.2.5.1.2 i:ach Additonal Increment HRHAl ..
109.20.4.5.2 Overtme
109.20.2.5.2.1 Firs Increment HRH12 ..
109.20.2.5.2.2 Each Additional Increment HRHA2 ü
109.20.4.5.3 Premium
109.20.2.5.3,1 Firs Increment HRH13 ..
109.20.2.5,3.2 Each Additon~1 Incr"ment HRHA3 ..
109.20.5 Deslon and Non-Deslon . SouUl
109.20.5.1 Trin Charne - Premises Visit Charne NRTCY ..
109.20.5.2 Premises Work Charoe
109.20,5.2,1 Basic
109.20.5.2.1.1 First Increment HRD11 ü
109.20.5.2.1.2 Each Additional Increment HRDA1 ü
109.20.5.2.2 Overtme
109.20.5.2.2.1 First Increment HRD12 ü
109.20.5.2.2.7 Each Additional Increment HRDA2 ü
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 DateChanne VT6DC ü
109.20.5.4 Desion Chanoe H28 ..
109.20.5.5 i:xnedite Charne Per day advanced EODDB ü
109.20.5.6 Cancellation Charae NoUSDC ICB
109.23 QLSP" Installatton and Conversion Nonrecurrlno Cha../NRCs
109.23.1 Converion Nonrecurrno Chara
109.23.1.1 QLSP" Business Centrex PAL and PBX Analna non.DID Trunks Residential
109.23.1.1.1 First Line Mechanizd\URCCU 1.50
10Q.23.1.1.2 Each Additional Une Mechanized)IlRCCY .50
109.23.1.1.3 First Une Manual URCCV 15.00
109.23.1.1.4 Each Additional Une Manual URCCZ 3.00
109.23.1.2 QLSP" PBX DID Trunks
109.23.1.2.1 FirstTnlnk URCCD $28.84
109.23.1.2.2 Each Additional $2.73
109,23.1.3 QLSP" ISDN aRI
109.23.1.3.1 Firs URCCU 530.A6
109.23.1.3.2 Each Additonal $2.73
109.23.2 Installaton Nonrecurrlno Charoes
109.23.2.1 QLSP" Business Centrex PAL. and PBX Analna non-DID Trunks Resldettal
109.23,2.1.1 First Une Mechanized\NHCRA 50.00
109.23.2.1.2 Each Additional Une Mechanized\NHCRC 18.00
109.23.2.1.3 First Une (Manual NHCRB 75.00
109.23.2.1.4 Each Additional Line Manual NHCRD 20.00
109.23.2.2 QLSP'" Analoa DID PBX Trunks 515.21
109.23.2.3 QLSP" ISDN-BRI $272.96
Owt Local Services Platfrm lM Agreement QLSplM Rate Shee-V1.2.3 04.11.08 3
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109.23.3.2 Idaho SouUi
See Applicable Owst Retil 6
Tari, Catalog or Price List les
Discunt (which will be
provided pursuant to terms and
conditons in CLEC's ICA).
See Applicable Owst Retil 6
Tarif, Catalog or Prce List less
Discunt (which will be
provided pursuant to term and
conditons in CLEC's ICA).
109.23.4 Qwest Voice Mes In Service
109.23.4.1 Idaho Nort
109.23.4.2 Idaho SouUi
See Applicable Qw Retil 6
Tari, Catalog or Price List less
Discunt (which will be
provided pursuant to ters and
conditons in CLEC's ICA).
See Applicable Qwt Retail 6
Tari, Catalog or Price List less
Discunt (which will be
provided pursuant to term and
conditions in CLEC's ICA).
112 o alonal Su Stems
112.1 Develoments and Enhancements er Local Service Ruest
112.2 On oin 0 erations er Local Service Ruest
112.3 Daily Usage Recrds File, per Record
All charges and increments
equal Uie comparable charges
and increments provided in Uie
Owst Wholesale PeAT.
l!.
See Applicable Qwt Retail Tari, Catalog or Price List for all charges and increments.
Universl Service Order Codes (USOCs) have been provided in an efrt to ease itm description and USOC assiation wiUi charges. In Uie event USOCs are inaccrate
or are revised, Owst reserves Uie right to correct the Rate Sheet. In the event of any signifcant change(s). notcation will be provided via Uie stndard notication
OLSpTM Business and Residential services utilize Uie same Class of Service and line Universl Service Order codes (USOCs). OLSpTM Residential services will be biled at
the Analog Port rate and only Uios lines that specifcally qualif for and are identied as serving a residential end-user customer by the preence of Uie LAWUR USOC will
receive the Residential end user credit.
2 OLSpTM service includes nondiscriminatory accs to all vertical swtch features Uiat are loaded in Owst's End Ofce Switch. See Uie PeAT for all compatible and available
vertical swch features. Only vertcal switch features wi Non-Recurrng, Recurrng, or Per Occurrence charges are listed. Non-Recurrng charges are applicable whenever
a feature is added - wheUier on new installation, conversion, or change order actvit. Those vertcal swh features not listed have a rate of $0 for MonUily Recurrng, Non-
Recurring, or Per Occurrence charges.
3 Reserved for future use.
4 The Subsequent Order Charge is applicable on a per order basis when changes are requestd to existing service, including changing a telephone number, initiating or
removing Suspension or Service, denying or restoring service, adding, removing, or changing feature, and other similar request.
5 OLSpTM ISDN BRI and PBX are "Design". Remaining OLSpTM services are "Non-Design". All charges and incrments shall be the same as the comparable charges and
increments provided in Qwt Retil Tarif, Catalogs, or Price Lists and are subject to change based on changes in Uiose underlying Owst Retail Tari, Catalogs, or
Prce Lists. In Uie event a rate changes, notifcation wil be provided via Uie standard noticatin process.
6 Where Uie service has been deemed to be a Telecommunications Service, Uie Discount will be provided pursuant to CLEC's ICA. Where Uie service is not a
Telecommunications Service, Uie discount will be 18%.
Qwt Local Services Platfrm'" Agreement OLSP'" Rate Shee-V1.2.3 04.11.08 4