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HomeMy WebLinkAbout20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7th Avenue, Room 1506 Seattle, Washington 98191 (206) 733-5178 Facsimile (206) 34$4040 Maura E. Peterson PaIalegal Regulatory Law January 17,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 472 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 sITd :r ?rrv Centurylink'! :" " I i'ii Via Overnight delivery )werT- oq- t3 Re: CenturyLink Local Services Platform ("CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your offrce on January 16,2014, enclosed are the signature pages for all of the CLSPs which have been extended. For your convenience, we are also enclosing a matrix listing the CLSPs and the docket numbers associated with the original agreements. Please contact have any questions concerning the enclosed. Thank you. Sincerely, Maura E. Pete MEP/jga Enclosure EXTENSION AMENDMENT TO CENTURYLIN KTiI LOCAL SERVTCES PLATFORM ("CLSP T*"; AGREEM ENT This amendment ('Amendment"), by and between Qrrest Corporation dba CenturyLink QC ("GenturyLink"), a Colorado corporation, and MClmetro Accesi Transmission Services LLC ("CLEG"), amends the CenturyLinkil Local Services Platform ("CLSR"l Agreement (formerly known as "Qwest Local Services Platformil ('aLSe*l Agreement") between the Parties. WHEREAS, the Parties entered into a Qwest Local Services Platform ('QlSe*l Agreement (now refened to as a CenturyLinkil Local Services Platform ('CLSe'r1 Agreement), (the "Agreement') ; and WHEREAS, the terms "CenturyLink' and 'CLSP' in this Amendment shall be used in place ol and interchangeably with, the terms "Qwest'and "QLSP", respectively, in the Agreement; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipi and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section 2 of the Aqreement will be reolaced in iE entiretv as follows: 2. Effective Date. This Amendment shall be deemed effective on January '1,2014. Section 3 of the Aareementwill be rcolaced in its entirefir as follows: 3. Term. The term of this Agreement begins on the Effective Date and continues through December 31 , 2016. Upon expiration, this Agreement will continue on a month-to-month basis until it is terminated by either Party, with at least ninety (90) Days prior written notice, pursuant to Section 22 of the Agreement, or replaced by a successor agreement. Attachment 2 - Seruice Description - of the Aqreement ls herebv amended as follows: 1. Section 1 of Attachment 2 will have the following added: 1.6.7 Should CenturyLink cease offering a service to its End User Customers that is also available under this Agreement, upon thirty (30) Days prior written notice to CLEC, CenturyLink will also cease offering the service to CLEC. Notwiihstanding the foregoing, CenturyLink will not effect a discontinuation of any service pursuant to this Section 1.6.7 in such manner that CLEC may not reasonably comply with Applicable Law conceming End User Customer discontinuation of service, disconnection and notification, provided that, the foregoing is subject to CLEC's reasonable diligence in effecting such compliance. . Section 3.2.4 of Attachment 2 is replaced with the following: 3.2.4 115o/o YOY Volume Growth Plan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or exceeds 110% of the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,OOO) CLSP lines, CLEC will qualiff for a 30% discount off the Business Port MRCs and a 6% discount off the Residential Port MRCs applicable during the next calendar year. Section 7 of Attachment 2 will have the following changes: 7.0 Commercial Performance and Service Credits. 7.2 Removed in its entirety. 7.3 Removed in its entirety. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. Decemberl0, 2013/kjc/CLSP 2014 Extension Amendment to CLSPil AgreemenUMClmetro Access AZ-CDS-101021-0086; CO-CDS-101021-0087; lA-CDS-101021-0088; lD-CDS-101021-0089; MN-CDS-101021-0090 MT-CDS-101021-0091; ND-CDS-101021-0092; NE-CDS-'101021-0093; NM-CDS-101021-00941 OR-CDS-101021-0095i SD-CDS-101021-0096; UT-CDS-101021-0097; WA-CDS-101021-0098; WY-CDS-101021-0099 Page 1 of2 CenturyLlnkil Local Services Platform (CLSPil) Rate Page - lZ,CO,IA lD, MT, ND, NE, NM, OR, SD, UT, WA, VyY January 1, 2014 through Term CenturyLinkil Local Serulces Platform (CLSPil) Rate Page - Mlnnesota January 1,2011 through Term 109.t12 Port!, l, m96 YOY Volume Retettlon Plan Reaulrametila A,r ild 10s.1 1.2.1 B POft il/, log.'t1.2.2 \nalos Port, Resuential eld user cred[.AWUR N,, 109.1 1.2.3 =tr€cllvo cLSPil Resid€ntial Anahg Port N/T r09.11.2.4 )istal Po.l (Supportlos BRI ISDN)N/I 109.11.2.5 JEX DID Po.t N,, t09.232 iltallrtlon ilonrecunlng Chlller tog.B.2.'l ;LSPil Bu.ln63. Cant.eL PAL md PBX Anrloo nonolD Trunk . R$ldenu.l tlJ|,.a4t.z.1 I{HCRA DocuSign Envelope lD: 1 E0F7801-274+,[64A-9DS$E4CSS76C68SF EXTENSION AMENDMENTTO CENTURYLTNKTM LOCAL SERVICES PLATFORM ("GLSP'*"I AGREEMENT Further Amendments Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force and effect. The provisions oi this Amendment, inciuding the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures frorn the provisions of this Amendment may not be given without the uvritten consent thereto by both of the Paffes hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation, or breach ofwananty or covenant hereunder or affecl in any way any rights arising by virtue of any prior or subsequent such occurrence. Entire Aqreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with iegird to the subject matter of the Agreement, as amended, and supersedes any prior understandings, agreements, or representiations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter of the Agreement, as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each of which is deemed an original, but atl of which shall constitute one and the same instrument. GenturyLink QC:Matrlx Telecom, lnc.: |-06E3FC688D67{51... -]I t raara,,r.* IByt I.l..,,",!r,.,of,tnrr.-....J !a,.tr firtnil" By: Name: L. T. Christensen Name: Title: Doug Title: Director - Whole.sala ContraeJs L2/3/20L3 L2/3/20L3 Date:Date: November 6, 201 3/mms/ Matrix Telecom, lnc. /CLSP 2014 Extension Amendment tb CLSPn, Agreement AZ-CDS-101021-0068; CO-CDS-101021-0069; IA-CDS-I01021-0070; |D-CDS-101021-0071; MN-CDS-I01021-0072; MT'CDS-101021-0073; NO-CDS-101021-0074; NE-CDS-101021-0075; NM-CDS-101021-0076; OR-CDS-101021-0077; SD-CDS-101021-0078; UT-CDS-1ol021-0079; WA-CDS-,t01021{o8o: vlty-cDs-lol021-0081 Page 2 ol 2