20101118Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seatte, Washington 98191
[phone]
Facsimile [phone]
E
2016MB'! l 8 AM 9: 48 Qwest8
Spirit of Service~
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
November i 7,2010
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-IO-06
Application for Approval of Amendment to the Interconnection Agreement
Dear Ms. Jewell:
Enclosed for fiing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in th~er./ '
mep
Enclosure
cc: Service list
Adam L. She~ (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle; WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr (Q q west.com
Z01UNOV 18 AM 9: 49
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORA TION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE-T-IO-06
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNCTION 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 Commssion on October 20,2010 (the "Agreement"). The Amendment with Liberty-
Bell Telecom, LLC ("Liberty-Bell") is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission 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 Liberty-
APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Qwest Local Services Platform Agreement
,1
Bell to interconnect with Qwest facilties and to provide customers with increased choices
among local telecommunications services.
Qwest further requests that the Commssion approve this Amendment without a hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearng and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest., ' h
Respectfully submitted this Ilit day of November, 2010.
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Qwest Local Services Platform Agreement
CERTIFICATE OF SERVICE 2918 PIl(A OV 18 AM 9: 49I hereby certify that on this 11 day of November, 2010, I served fi~ egoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INT~,- :,IÖiN;,
AGREEMENT upon all parties of record in this matter as follows: rUiViivlISSiON
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jjewell (Qpuc.state.id.us
Hand Deli very
U. S. Mail
-- Overnight Delivery
Facsimile
Email
Jay Weber
Executive Vice President
Liberty-Bell Telecom, LLC 2460 West 26th,
A ve Suite 380-C
Denver, CO 80211
_ Hand Delivery
_X_ U. S. Mail
Overnight Deli very
Facsimile
Email
l y-
Maura Peters
Paralegal, Qwest Corporatiol1
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Qwest Local Services Platform Agreement
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
."
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
This Qwest Local Services Platform™ ("QLSpTM") Agreement, together with the Attachments hereto and Rate Sheets,
incorporated herein by reference ("Agreement") is between Qwest Corporation ("Qwest"), a Colorado corporation, and
Liberty-Bell Telecom, LLC ("CLEC"), a Colorado corporation, (each identified for purposes of this Agreement in the
signature blocks below, and referred to separately as a "Party" or collectively as the "Parties"). The undersigned Parties have
read and agree to the terms and conditions set forth in this Agreement.
Qwest Corporation:
~05E9FC!lBD57454...1
Bý: ~;=:~r;sten
Name: L. T. Christensen
Title: Director - Wholesale Contracts
Date: 10/21/2010
Liberty-Bell Tel ~ecom" 1;~~~60B748"ie:J
N;V.A~
By: OocuSìlined By: Nìøel V. Alexander
Name: Nigel Alexander
Title: Manager
Date: 10/19/2010
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director - Interconnection Agreements
1801 California Street, 24th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagreecæqwest.com.
With copy to:
Qwest Law Department
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.lnterconnectioncæqwest.com
~~~:;..rp
~..~
CLEC:
Jay Weber
Executive Vice President
Liberty-Bell Telecom, LLC
2460 West 26th Avenue, Suite 380-C
Denver, CO 80211
Phone: [phone]
Fax: [phone]
jwebercælibertybelltelecom.com
With copy to:
Christina Neher
Chief Operating Offcer
Liberty-Bell Telecom, LLC
2460 West 26th Avenue, Suite 380-C
Denver, CO 80211
Phone: [phone]
Fax: [phone]
cnehercælibertybelltelecom.com
APPLICABLE STATES:-L South Dakota
-L Utah
Qwest agrees to offer 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
-L 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).
-L Arizona
-L Colorado
-L Idaho
-L Iowa
-L Minnesota
-L Montana
-L Nebraska
-L New Mexico
-L North Dakota
-L Oregon
-L Wyoming
October 18, 2010/mms/Libert-Bell Telecom, LLC
Qwest QLSpTM MSA- (v9-20-10) Page 1 of 11
(AZ=CDS-1 01 013-0001); (CO=CDS-1 01 013-0002); (IA=CDS-1 01 013-0003); (ID=CDS-101 013-0004); (MN=CDS-1 01 013-0005);
(MT=CDS-101013-0006); (ND=CDS-1 01 013-0007); (NE=CDS-1 01 013-0008); (NM=CDS-1 01 013-0009); (OR=CDS-1 01 013-001 0);
(SD=CDS-101013-0011); (UT=CDS-101 013-0012); (WA=CDS-101013-0013); (WY=CDS-101013-0014)
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
,,-
WHEREAS, CLEC desires to purchase from Qwest certin combinations of Network Elements, ancilary functions, and additional
features, including without limitation, the local Loop, Port, switching, and Shared Transport.
Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Qwest mutually agree as follows:
1. Definitions. Capitalized terms used herein are defined in
Attachment 1.
2. Effective Date. This Agreement is effective upon the
later of (i) January 4, 2011 or (ii) the date that it is fully executed by all
of the Parties ("Effective Date").
2.1 CLEC's Qwest Platform Plus™ Master Services Agreement,
if any, is terminated immediately upon execution of this Agreement,
and Qwest wil provide CLEC local platform services only pursuant to
the terms and conditions of this Agreement. The effective biling date
for QLSP services wil be the latest date of execution by the Parties.
3. Term. The term of this Agreement begins on the
Effective Date and continues through December 31, 2013. In the
event that at the expiration of this Agreement CLEC has any remaining
Customers served under this Agreement, Qwest may immediately
convert CLEC to an equivalent altemative service at market-based
wholesale rates.
4. Scope of Agreement; Service Provisioning;. Controllng
Documents; Change of Law; Eligibilty for Services under this
Agreement; Non-Applicability of Change Management Proce.
4.1 The Services ("Services") describe in this Agreement will
only be provided in Qwests incumbent LEC service terrtory in the
states of Arizona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakot, Utah,
Washington and Wyoming.
4.2 In the event of a conflict in any term of any documents that
govern the provision of Services hereunder, the following order of
precedence wil apply in descending order of control: an Attachment,
Rate Sheet, this Agreement, and any effective Order Form hereunder.
The Parties agree that the Services offered and purchased under this
Agreement are subject to compliance with Applicable Law and
obtaining any domestic or foreign approvals and authorizations
required or advisable.
4.3 The provisions in this Agreement are intended to be in
compliance with and based on the existing state of Applicable Law,
including but not limited to Federal rules, regulations, and laws, as of
the Effective Date ("Existing Rules"). Nothing in this Agreement shall
be deemed an admission by Qwest or CLEC concerning the
interpretation or effect of the Existing Rules or an admission by Qwest
or CLEC that the Existing Rules should not be changed, vacated,
dismissed, stayed or modified. Nothing in this Agreement shall
preclude or estop Qwest or CLEC from taking any position in any
forum concerning the proper interpretation or effect of the Existing
Rules or conceming 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
utilze Services covered under this Agreement for its own
administrative use or for the use by an Affliate.
4.6 Except as otherwise provided in this Agreement, the parties
agree that Services provided under this Agreement are not subject to
the Qwest Wholesale Change Management Process ("CMP"), Qwests
Performance Indicators ("PID"), Performance Assurance Plan ("PAP"),
or any other wholesale service quality standards, or liquidated
damages and remedies. Except as otherwise provided, CLEC hereby
waives any rights it may have under the PID, PAP and all other
wholesale service quality standards to liquidated damages, and
remedies with respect to Services provided pursuant to this
Agreement. Any CLEC-proposed changes to the attributes of any
Service or procss 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.
5. CLEC Information. CLEC agrees to work with Owest in
good faith to promptly complete or update, as applicable, Qwests
"New Customer Questionnaire" to the extent that CLEC has not
already done so, and CLEC shall hold Qwest harmless for any
damages to or claims from CLEC caused by CLEC'sfailure to promptly
complete or update the questionnaire.
6. Financial Terms.
6.1 The description of the Seriice and applicable rates are set
forth in the Attachments hereto and Rate Sheets. The Parties agree
that the referenced rates are just and reasonable.
6.2 Taxes. Fees. and other GovernmentallmpClsitions.
All charges for Services providêd 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 bome by the Party upon which
the obligation for payment is imposed under Applicable Law, even if
the obligation to collect and remit suchTaxes is placed upon the other
Part. However, where the sellng Party is specifically permitted by
Applicable Law to collect such Taxes from the purchasing Party, such
Taxes shall be borne by the Party purchasing the services. Taxes
shall be biled as a separate item on the invoice in accordance with
Applicable Law. The Party biling such Taxes shall, at the written
request of the Party being biled, provide the biled Party with detailed
information regarding billed Taxes, including the applicable Tax
jurisdiction, rate, and base upon which the Tax is applied. If either
Party (the Contesting Party) contests the application of any Tax
collected by the other Part (the Collecting Party), the Collecting Party
shall reasonably cooperate in good faith with the Contesting Part's
challenge, provided that the Contesting Party pays all reasonable costs
incurred by the Collecting Party. The Contesting Party is entitled to the
benefi of any refund or recovery resulting from the contest, provided
that the Contesting Party has paid the Tax contested. If the
purchasing Part provides the sellng Party with a resale or other
exemption certificate, the selling Part shall exempt the purchasing
Party if the sellng Part accepts the certificate in good faith. If a Party
becomes aware that any Tax is incorrectly or erroneously collected by
that Party from the other Part or paid by the other Party to that Party,
the Part that received such Tax shall refund the incorrectly or
erroneously collected Tax or paid Tax to the other Party.
6.3 Each Party is solely responsible for any tax on its corporate
existence, status or income and each Party 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 fiings,
October 18, 2010/mms/Libert-Bell Telecom, LLCQwest QLSpTM MSA - (v9-20-10) Page 2 of 11
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(MT=CDS-1 01 013-0006); (ND=CDS-1 01 013-0007); (NE=CDS-1 01 013-0008); (NM=CDS-1 01 013-0009); (OR=CDS-1 01 013-0010);
(SD=CDS-101013-0011); (UT=CDS-101013-0012); (WA=CDS-101013-0013); (W=CDS-101013-0014)
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
payment, protest, audit and litigation. Each Party shall be solely
responsible for the billng, collection and proper remittance of all
applicable Taxes relating to its own services provided to its own
Customers.
7. Intellectual Propert.
7.1 Except for a license to use any facilities or equipment
(including software) solely for the purposes of this Agreement or to
receive Service solely as provided in this Agreement or as specifically
required by the then-applicable federal rules and regulations relating to
Services provided under this Agreement, nothing contained in this
Agreement shall be construed as the grant of a license, either express
or implied, with respect to any patent, copyright, trade name,
trademark, service mark, trade secret, or other proprietary interest or
intellectual property, now or hereafter owned, controlled or licensable
by either Party. Neither Party may use any patent, copyright, trade
name, trademark, service mark, trade secret, nor other proprietary
interest or intellectual property, now or hereafter owned, controlled or
licensable by either Party without execution of a separate written
agreement between the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each Party (an Indemnifying Party) shall indemnify and
hold the other Part (an Indemnified Party) harmless from and against
any loss, cost, expense or liabilty arising out of a claim that the
services provided by the Indemnifying Party provided or used pursuant
to the terms of this Agreement misappropriate. or otherwise violate the
intellectual property rights of any third party. The obligation for
indemnification recited in this paragraph shall not extend to
infringement which results from:
A. any combination of the facilties or services of the
Indemnifying Party with facilties or services of any other Person
(including the Indemnified Party but excluding the Indemnifying
Party and any of its Affliates), which combination is not made by
or at the direction of the Indemnifying Party or is not reasonably
necessary to CLEC's use of the Services offered by Qwest under
this Agreement; or
B. any modification made to the facilities or services of the
Indemnifying Party by, on behalf of, or at the request of the
Indemnified Part and not required by the Indemnifying Party.
7.3 In the event of any claim, the Indemnifying Party may, at its
sole option, obtain the right for the Indemnified Party 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-infringing.
7.4 If the Indemnifying Party is not reasonably able to obtain the
right for continued use or to replace or modify the facilty or service as
provided above and either the facilty or service is held to be infringing
by a court of competent jurisdiction or the Indemnifying Part
reasonably believes that the facilty or service wil be held to infringe,
the Indemnifying Party wil notify the Indemnified Party and the Parties
will negotiate in good faith regarding reasonable modifications to this
Agreement necessary to mitigate damage or comply with an injunction
which may result from such infringement or allow cessation of further
infringement.
7.5 The Indemnifying Party may request that the Indemnified
Part take steps to mitigate damages resulting from the infringement or
alleged infringement including, but not limited to, accepting
modifications to the facilties or services, and such request shall not be
unreasonably denied.
7.6 To the extent required under Applicable Law, Qwest shall
use commercially reasonable efforts to obtain, from its vendors who
have licensed intellectual propert rights to Qwest in connection with
Services provided hereunder, licenses under such intellectual property
rights as necessary for CLEC to use such Services as contemplated
hereunder and at least in the same manner used by Qwest for the
Services provided hereunder. Qwest shall notify CLEC immediately in
the event that Qwest believes it has used its commercially reasonable
efforts to obtain such 'rights, but has been unsuccessful in obtaining
such rights. Nothing in this subsection shall be construed in any way
to condition, limit, or alter a Party's indemnifcation obligations under
Section 7.2, preceding.
7.7. Neither Party shall without the express written permission of the
other Party, state or imply that it is connected, or in any way affliated
with the other or its Affliates; it is part of a joint business association or
any similar arrangement with the other or its Affliates; the other Party
and its Affliates are in any way sponsoring, endorsing or certifying it
and its goods and services; or with respect to its marketing, advertising
or promotional activities or materials, state or imply that the services
are in any way associated with or originated from the other Party or
any of its Affliates. In addition, CLEC, including its employees,
representatives and agents, wil not state or otherwse indicate, directly
or indirectly, to its end-users or prospective end-users: (a) that they will
be Qwest customers or that they may obtain Qwest service from CLEC
or (b) that CLEC has or the end-user wil have any relationship with
Qwest. Without limiting the foregoing, CLEC must not use a name,
trademark, service mark, copyright or any other intellectual property
owned by Qwest or its Affliates, except that CLEC may communicate
that Qwest is one of the underlying carriers from which CLEC
purchases services if CLEC has obtained the prior wrtten consent of
the Qwest Law Department. This is a non-exclusive agreement.
Nothing in this Agreement prevents Qwest from offering to sell or
sellng any services to other parties.
7.8 Nothing in this Section prevents either Party from truthfully
describing the Services it uses to provide service to its End User
Customers, provided it does not represent the Services as originating
from the other Party or its Affliates or otherwise attempt to sell its End
User Customers using the name of the other Party or its Affliates.
Qwests name and the names of its affliates are proprietary and
nothing in this Agreement constitutes a license authorizing their use,
and in no event wil CLEC, including its employees, representatives
and agents, attempt to sell' any Services to its end-user using the
name, brand or identity of Qwest or Qwests Affliates in any way.
7.9 Because a breach of the material provisions of this Section 7
may cause irreparable harm for which monetary damages may be
inadequate, in addition to other available remedies, the non-breaching
Party may seek injunctive relief.
8. Financial Responsibilty, Payment and Security.
8.1 Payment Obligation. Amounts payable under this
Agreement are due and payable within thirty (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
electronic delivery occurs. If CLEC fails to make payment on or before
the Payment Due Date, Qwest may invoke all available rights and
remedies.
October 18, 2010/mmslLibert-Bell Telecom, LLCQwest QLSpTM MSA - (v9-20-10) Page 3 of 11
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(MT=CDS-101 013-0006); (ND=CDS-101013-0007); (NE=CDS-1 01 013-0008); (NM=CDS-101013-Q009); (OR=CDS-101013-0010);
(SD=CDS-101013-0011); (UT=CDS-101013-0012); (WA=CDS-101013-0013); (W=CDS-101013-0014)
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
8.2 Cessation of Order Processing. Qwest may discontinue
processing orders for Services 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
for in this Agreement, within thirt (30) Days following the Payment
Due Date; provided that Qwest has first notified CLEC in wrting at
least ten (10) business days prior to discontinuing the processing of
orders for Services. If Qwest does not refuse to accept additional
orders for Services on the date specified in the ten (10) business days
notice, and CLEC's non-compliance continues, nothing contained
herein shall preclude Qwests right to refuse to accept additional orders
for Services from CLEC without further notice. For order processing to
resume, CLEC will be required to cure any breach and make full
payment of all past-due charges for Services not disputed in good faith
under this Agreement, and Qwest may require a deposit (or recalculate
the deposit) pursuant to Section 8.5. In addition to other remedies that
may be available at law or equity, Qwest reserves the nght to seek
equitable relief including injunctive relief and specific penonnance.
8.3 Disconnection. Qwest may disconnect any Services
provided under this Agreement for any breach by CLEC of this
Agreement that is not cured by CLEC in accordance 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 sixty (60) Days following the
Payment Due Date provided that Qwest has first notified CLEC in
writing at least ten (10) business days pnor to disconnecting Services.
CLEC wil 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 tennination
charges, will become due and payable. If Qwest does not disconnect
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 disconnect any or all Services.
For reconnection of the Service to occur, CLEC wil 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 specific
penonnance. Notwthstanding the foregoing, Qwest will not effect adisconnection pursuant to this Section 8.3 in such manner that CLEC
may not reasonably comply with Applicable Law conceming End User
Customer disconnection and notification, provided that, the foregoing is
subject to CLEC's reasonable dilgence in effecting such compliance.
8.4 Biling Disputes. Should CLEC dispute, in good faith, and
withhold payment on any portion of the charges under this Agreement,
CLEC wil notify Qwest in writing within fifteen (15) Days following the
Payment Due Date identifying the amount, reason and rationale of
such dispute. At a minimum, CLEC wil pay all undisputed amounts
due to Qwest. Both CLEC and Qwest agree to 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 infonnal
means prior to invoking any other rights or remedies.
'"
in favor of CLEC, Qwest wil 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.
B. IfCLEC pays the disputed charges and the dispute is
resolved in favor of Qwest, no further action is required. If CLEC
pays the charges disputed at the time of payment or at any time
thireafter, and the dispute is resolved in favor of the CLEC,
Qwest wil adjust the Billng, usually within two Biling cycles after
the resolution of the dispute, as follows: Qwest wil credit the
CLEC's bil for the disputed amount and any associated interest;
or if the disputed amount is greater than the bil to be credited,
pay the remaining amount to CLEC.
C. The' interest calculated on the disputed amounts wil be the
same rate as late payment charges. In no event, however, wil
any late payment charges be assessed on any previously
assessed late payment charges.
D. If CLEC fails to dispute a rate or charge within 60 Days
following the invoice date on which the rate or charge appeared,
adjustment will be made on a going-forward basis only, beginning
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 "material
adverse change in financial condition" means CLEC is a new CLECwih 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 Qwst due to a previous failure to pay undisputed charges in a
timely manner or due to the failure by CLEC to cure a breach of this
Agreement in a timely manner. Qwest may require a deposit to be
held as security for the payment of charges before the orders from
CLEC wil be provisioned and completed or before reconnection of
Service. "Repeatedly Delinquent" means any payment of a material
amount of total monthly Billng under this Agreement received after the
Payment Due Date, three (3) or more times dunng the last twelve (12)
month period. The deposit may not exceed the estimated total monthly
charges for a two (2) month penod based upon recent Billng. The
deposit may. be an irrevocable bank letter of credit, a letter of credit
with tenns and conditions acceptable to Qwest, or some other fonn of
mutually acceptable 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
wil 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 tenns and provisions of
Section 8.2 and Section 8.3 of this Agreement.
8.6 Interest on Deposits. Any interest earned on cash deposits
wil be credited to CLEC in the amount actually 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 Parties
agree that such deposits are not subject to state laws or regulations
relating to consumer or End User Customer cash deposits. Cash
deposits and accrued interest, if applicable, wil be credited to CLEC's
account or refunded, as appropnate, upon the earlier of the expiration
of the term of this Agreement or the establishment of satisfactory credit
with Qwest, which wil generally be one full year of consecutive timely
payments of undisputed amounts in full by CLEC. Upon a matenal
change in financial standing, CLEC may request, and Qwest will
consider, a recalculation of the deposit. The fact that a deposit has
A. If CLEC disputes charges and does not pay such charges by
the Payment Due Date, such charges may be subject to late
payment charges. If the disputed charges have been withheld
and the dispute is resolved in favor of Qwest, CLEC wil pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing further dispute resolution. If the
disputed charges have been withheld and the dispute is resolved
October 18, 2010/mmslLiberty-Bell Telecom, LLC
Qwest QLSpTM MSA - (v9-20-10)
(AZ=CDS-101013-0001); (CO=CDS-1 01 013-0002); (IA=CDS-1 01 013-0003); (ID=CDS-1 01013-0004); (MN=CDS-1 01 013-0005);
(MT=CDS-1 01 013-0006); (ND=CDS-1 01 013-0007); (NE=CDS-1 01 013"0008); (NM=CDS-1 01 013-0009); (OR=CDS.1 01 013-001 0);
(SD=CDS-101013-0011); (UT=CDS-1 01013-0012); (WA=CDS-101013-0013); (W=CDS-101013-0014)
Page40f11
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
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 of the
payment is received by Qwest in funds that are not immediately
available, then a late payment charge wil be due to Qwest. The late
payment charge is the portion of the payment not received by the
Payment Due Date multiplied by a late factor. The late factor is the
lesser of (i) the highest interest rate (in decimal value) which may be
levied by law for commercial transactions, compounded daily for the
number of Days from the Payment Due Date to and including the date
that the CLEC actually makes the payment to Qwest; or (ii) 0.000407
per Day, compounded daily for the number of Days from the Payment
Due Date to and including the date that the CLEC actually makes the
payment to Qwest.
8.8 CLEC must not remit payment for the Services with funds
obtained through the American Recovery and Reinvestment Act (or
ARRA) or other similar stimulus grants or loans that would obligate
Qwest to provide certain information or perform certain functions
unless those functions and obligations are specifically agreed to by the
parties in this Agreement or in an amendment to this Agreement.
9. Conversions. If CLEC is obtaining services from
Qwest under an arrangement or agreement that includes the
application of termination liabilty assessment (TLA) or minimum period
charges, and if CLEC wishes to convert such services to a Service
under this Agreement, the conversion of such services wil not be
delayed due to the applicabilty of TLA or' minimum period charges.
The applicabilty of such charges is governed by the terms of the
original agreement, Tariff or arrangement. Nothing herein wil be
construed as expanding the rights otherwise granted by this
Agreement or by law to elect to make such conversions.
10. Customer Contacts. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' service
needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble reports,
repair, post-sale servicing, Billng, collection and inquiry. CLEC wil
inform its End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contacting Qwest wil be
instructed to contact CLEC, and Qwests End User Customers
contacting CLEC wil be instructed to contact Qwest. In responding to
calls, neither Party wil make disparaging remarks about the other
Party. To the extent the correct provider can be determined
misdirected calls received by either Party wil be referred to the prope;
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 wil 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. Default and Breach. If either Party defaults in the payment
of any amount due hereunder, or if either Party violates any'other
material provision of this Agreement and such default or violation
continues for thirt (30) Days after written notice thereof, the other
Party may terminate this Agreement and seek relief in accordance with
any remedy available under this Agreement, including without
limitation, the Dispute Resolution provisions of Section 25 herein and,
in addition to the foregoing, Qwest may cease to accept 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.
12.1 CLEC'sexclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwise limited by this Agreement to outage credits or other
service credits, in which case Qwests total liabilty will not exceed the
aggregate amount of any applicable credits due.
12.2 Except for indemnifcation and payment obligations under
this Agreement, neither Party shall be liable to the other for indirect,
incidental, consequenti,al, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, lost revenues, lost
savings suffered by the other Party regardless of the form of action,
whether in contract, warranty, strict liabilty, tort, including, without
limitation, negligence of any kind and regardless of whether the Parties
know the possibilty that such damages could result.
12.3 Nothing contained in this Section shall limit either Party's
liabilty to the other for willful misconduct, provided that, a Part's
liabilty to the other Party pursuant to the foregoing exclusion, other
than direct damages, wil 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 Parties agree that unless otherwse specifcally set forth
in this Agreement, the following constitute the sole indemnification
obligations between and among the Parties:
A. Each Party (the Indemnifying Party) agrees to release,
indemnify, defend and hold harmless the other Party and each of
its offcers, directors, employees and agents (each, an
Indemnitee) from and against and in respect of any loss, debt,
liability, damage, obligation, claim, demand, judgment or
settlement of any nature or kind, known or unknown, liquidated or
unliquidated including, but not limited to, reasonable costs and
expenses (including attorneys' fees), whether suffered, made,
instituted, or asserted by any Person or entity, for invasion of
privacy, bodily injury or death of any Person or Persons, or for
loss, damage to, or destruction of tangible property, whether or
not owned by others, resulting from the Indemnifyng Party's
breach of or failure to perform under this Agreement, regardless
of the form of action, whether in contract, warranty, strict liabilty,
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 Party arising out of or in connection with
Services provided to the End User Customer by the Party, the
Party whose End User Customer alleged or incurred such claims
or loss (the Indemnifying Party) shall defend and indemnify the
other Party and each of its offcers, directors, employees and
agents (each, an Indemnified Party) against any and all such
claims or loss by the Indemnifying Part's End User Customers
regardless of whether the underlying Service was provided or was
provisioned by the Indemnified Part, unless the loss was caused
by the gross negligence or willful misconduct of the Indemnified
Party. The obligation to indemnify with respect to claims of the
Indemnifying Party's End User Customers shall not extend to any
claims for physical bodily injury or death of any Person or
persons, or for loss, damage to, or destruction of tangible
property, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the
October 18, 2010/mms/Libert-Bell Telecom, LLCQwest QLSpTM MSA - (v9-20-10) Page 5 of 11
(AZ=CDS-1 01 013-0001 ); (CO=CDS-101013-0002); (IA=CDS-101013-0003); (ID=CDS-101013-0004); (MN=CDS-101013-0005);
(MT=CDS-1 01 013-0006); (ND=CDS-1 01 013-0007); (NE=CDS-101013-0008); (NM=CDS-1 01 013-0009); (OR=CDS-1 01 013-001 0);
(SD=CDS-101013-0011); (UT=CDS-101013-0012); (WA=CDS-101013-0013); (W=CDS-101013-0014)
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
employees, contractors, agents, or other representatives of the
Indemnifed Party.
13.2 The indemnification provided herein is conditioned upon the
following:
A. The Indemnified Party wil promptly notify the Indemnifying
Party of any action taken against the Indemnified Part relating to
the indemnification. Failure to so notify the Indemnifying Party wil
not relieve the Indemnifying Party of any liabilty that the
Indemnifying Party might have, except to the extent that such
failure prejudices the Indemnifying Party's abilty to defend such
claim.
B. If the Indemnifying Party wishes to defend against such
action, it wil give written notice to the Indemnified Party of
acceptance of the defense of such action. In such event, the
Indemnifying Part has sole authority to defend any such action,
including the selection of legal counsel, and the Indemnifed Party
may engage separate legal counsel only at its sole cost and
expense. In the evant 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 Party. Each Party agrees to cooperate with the
other Party in the defense of any such action and the relevant
records of each Part wil be available to the other Party with
respect to any such defense.
C. In no event wil the Indemnifying Part settle or consent to
any judgment for relief other than monetary damages pertaining
to any such action without the prior written consent of the
Indemnified Party. 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
Party shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnified Part against, any cost or
liability in excess of such refused compromise or settlement.
14. limited Warranties.
14.1 Each Party will provide suitably qualified personnel to penorm its
obligations under this Agreement and provide all Services hereunder in
a good and workmanlike manner and in material conformànce with all
Applicable Laws and regulations.
14.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
OWEST 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 Party has the authority to bind the
other by contract or otherwse or make any representations or
guarantees on behalf of the other or otherwse act on the other's
behalf. The relationship arising from this Agreement does not
constitute an agency, joint venture, partnership, employee relationship
or franchise. Owest is acting as an independent contractor and wil
have exclusive control of the manner and means of penorming its
obligations. Notwithstanding anything herein to the contrary, Qwest
reserves the right, in its sole discretion, to modify or change the name
of the Services.
16. Assianment.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior written consent of Owest, which
consent wil 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 specified by Qwest)
and approval by Qwest ofCLEC's proposed assignee, CLEC may
assign this Agreement without prior written consent. of Qwest to any
Affliate, successor through merger, or acquirer of substantially all of its
assets; and Qwest may assign this Agreement without prior written
consent to any Affilate, successor through merger, or acquirer of
substantially all of its business assets; provided that in all cases the
assignee of CLEC or Qwest, as applicable, acknowledge in writing its
assumption of the obligations of the assignor hereunder. Any
attempted assignment in violation hereof is of no force or effect and is
void. Without limiting the generality of the foregoing, this Agreement
wil be binding as to the Parties' respective successors and assigns.
16.2 In the event that Owest transfers to any unaffliated party
exchanges, including End User Customers that CLEe serves in whole
or in part through Services provided by Owest under this Agreement,
Qwst will ensure that the transferee serves as a successor to and
fully penorms all of Qwests responsibilties and obligations under this
Agreement for a period of ninety (90) Days from the effective date of
such transfer 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 transfer or under such other
state statutory authority as may give it such power. In the event of
such a proposed transfer, Qwest wil use its best efforts to faciltate
discussions betwen CLEC and the transferee with respect to the
transferee's assumption of Qwests obligations after the transition
period set forth above in accordance with the terms and provisions of
this Agreement.
17. Reporting Requirements. If reporting obligations or
requirements are imposed upon either Party by any third party or
regulatory agency in connection with this Agreement or the Services,
including use of the Services by CLEC or its End Users, the other
Party agrees to assist that Party in complying with such obligations and
requirements, as reasonably required by that Party.
18. SurvivaL. The expiration or termination of this Agreement
does not relieve either Party of those obligations that by their nature
are intended to survive.
19. Confidentiality Nondisclosure.
19.1 Neither Party wil, without the prior written consent of the
other Party (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 Party. Consent
may only be given on behalf of a Part by its Legal Department.
However, a Part may disclose Confidential Information if required to
do so by a governmental agency, by operation of law, or if necessary
in any proceeding to establish rights or obligations under this
Agreement, provided that the disclosing Party gives the non-disclosing
Party reasonable prior written notice and the receiving Part wil
cooperate with the disclosing Part to seek or take appropriate.
protective measures and will make such disclosure in a manner to best
protect the Confidential Information from further disclosure.
Notwithstanding the foregoing, if reporting or filing obligations or
requirements are imposed upon Qwest by any third part or regulatory
agency in connection with this Agreement, CLEC agrees to assist
October 18, 2010/mms/Libart-Bell Telecom, LLCQwest QLSpTM MSA - (v9-20-10) Page 6 of 11
(AZ=CDS-101013-0001); (CO=CDS-101013-0002); (IA=CDS-101013-0003); (ID=CDS-1 01013-0004); (MN=CDS-101013-0005);
(MT=CDS-1 01 013-0006); (ND=CDS-1 01 013-0007); (NE=CDS-1 01 013-0008); (NM=CDS-1 01 013-0009); (OR=CDS-1 01 013-001 0);
(SD=CDS-101013-0011); (UT=CDS-101013-0012); (WA=CDS-101013-0013); (W=CDS-101013-0014)
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
Qwest in complying with such obligations and requirements, as
reasonably required by Qwest and to hold Qwest harmless for any
failure by CLEC in this regard. Qwests compliance with any regulatory
filing obligation wil not constitute a violation of this section. Each Party
wil use reasonable efforts to protect the othets Confidential
Information, and wil use at least the same efforts to protect such
Confidential Information as the Part would use to protect its own.
19.2 All Confidential Information will remain the property of the
disclosing Party. A Party who receives Confidential Information via an
oral communication may request written confirmation that the material
is Confidential Information. A Part who delivers Confidential
Information via an oral communication may request written
confirmation that the Party receiving the information understands that
the material is Confidential Information. Each Party has the right to
correct an inadvertent failure to identify information as Confidential
Information by giving wrtten notification within thirty (30) Days after the
information is disclosed. The receiving Party wil from that time
forward, treat such information as Confidential Information.
19.3 Upon request by the disclosing Party, the receiving Party wil
return all tangible ctlpies of Confidential Information, whether written,
graphic or otherwise, except that the receiving Party may retain one
copy for archival purposes.
19.4 Each Part wil keep all of the other Party's Confidential
Information confidential and will disclose it on a need to know basis
only. Each Part wil use the other Party's Confidential Information
only in connection with this Agreement and in accrdance with
Applicable Law. Neither Party wil use the other Party's Confidential
Information for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in writing. If
either Party loses, or makes an unauthorized disclosure of, the other
Party's Confidential Information, it wil notify such other Part
immediately and use reasonable efforts to retrieve the information.
19.5 Effective Date' of this Section. Notwithstanding any other
provision of this Agreement, the Confidential Information provisions of
this Agreement apply to all information furnished by either Part to the
other in furtherance of the purpose of this Agreement, even if furnished
before the Effective Date.
19.6 Each Party agrees that the disclosing Party 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 Party is entitled to seek equitable relief, including injunctive
relief and specific performance in the event of any breach of. the
confidentiality provisions of this Agreement. Such remedies are not
the exclusive remedies for a breach of the confidentiality provisions of
this Agreement, but are in addition to all other remedies available at
law or in equity. '
19.7 Nothing herein should be construed as limiting either Party's
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 otherwise provided herein, neither
Party's failure to enforce any right or remedy available to it under this
Agreement wil be construed as a waiver of such right or a waiver of
any other provision hereunder.
either Party may immediately upon wrtten notice to' the other Party
terminate this Agreement in whole or in part, including without
limitation, with respect to Service in any state. In the event a Party
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
further agrees to provide any required notice to affected customers
within five (5) business days of such notice. If a Part is required by a
lawful, binding order to file this Agreement or a provision thereof with
the FCC or state regulatory authorities for approval or regulatory
review, the filing Party shall provide wrtten notice to the other Party of
the existence of such lawful, binding order so that the other Party may
seek an injunction or other relief from such order. In addition, the filing
Part agrees to reasonably coperate to amend and make
. modifications to this Agreement to allow the filing of this Agreement or
the specific part of this Agreement affected by the order to the extent
reasonably necessary.
22. ~. Any notices required by or conceming this
Agreement wil be in writing and wil be suffciently given if delivered
personally, delivered by prepaid ovemight express service, sent by
facsimile with electronic confirmation, or sent by certified 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, Qwest
may provide notice via email or by posting to Qwests website without
duplicate written notifcation 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 negligence including, without
limitation, acts of nature, acts of civil or miltary authorty, government
regulations, embargoes, epidemics, terrorist acts, riots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, power blackouts, volcanic action, other major
environmental 'disturbances, or unusually severe weather conditions
(each, a Force Majeure Event¡. Inabilty to secure products or servicesof other Persons or transportation facilties or acts or omissions of
transportation carrers shall be considered Force Majeure Events to
the extent any delay or failure in performance caused by these
circumstances is beyond the Party's control and without that Part's
fault or negligence. The Party affected 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 efforts 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 equivaJ.ent to the level
they provide themselves.
24. Governing Law. Colorado state law, without regard to
choice-of-Iaw principles, govems all matters arising out of, or relating
to, this Agreement.
25. Dispute Resolution.
25.1 The Parties wil attempt in goo faith to resolve through
negotiation any dispute, claim or controversy arising out of, or relating
to, this Agreement. Either Party may give written notice to the other
Party 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 Parties intend
that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, frequency, duration, and
21. Regulatory Approval. Each Party 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,
October 18, 2010/mms/Libert-Bell Telecom, LLC
Qwest QLSpTM MSA - (v9-20-10)
(AZ=CDS-1 01 013-0001); (CO=CDS-1 01 013-0002); (IA=CDS-101013-0003); (ID=CDS-1 01 013-0004); (MN=CDS-101013-0005);
(MT=CDS-1 01 013-0006); (ND=CDS-101013-0007); (NE=CDS-1 01 013-0008); (NM=CDS-1 01 013-0009); (OR=CDS-1 01 013-001 0);
(SD=CDS-101013-0011); (UT=CDS-101013-0012); (WA=CDS-101013-0013); (W=CDS-101013-0014)
Page 7 of 11
28. Third Part Beneficiaries. The terms, representations,
warranties and agreements Qf the Parties set forth in this Agreement
are not intended for, nor wil they be for the benefit of or enforceable
by, any third party (including, without limitation, CLEC's Affliates and
End Users).
29. Insurance. Each Party shall at all times during the term of
this Agreement, at its own cost and expense, carry 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 Party has assumed legal responsibilty in this Agreement. If a
Party or its parent company has assets equal to or exceeding
$10,000,000,000, that Party may utilze an Affliate captive insurance
company in lieu of a "Best's" rated insurer. To the extent that the
parent company of a Party is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Section, to the extent its affliated Party
fails to meet such obligations.
October 18, 2010/mmslLiberty-Bell Telecom, LLC
Qwest QLSpTM MSA - (v9-20-10)
(AZ=CDS-1 01 013-0001); (CO=CDS-1 01 013-0002); (IA=CDS-1 01 013-0003); (ID=CDS-1 01 013-0004); (MN=CDS-1 01 013-0005);
(MT=CDS-101013-0006); (ND=CDS-1 01 013-0007); (NE=CDS-101013-0008); (NM=CDS-101013-0009); (OR=CDS-101 013-0010);
(SD=CDS-101013-0011); (UT=CDS-101013-0012); (WA=CDS-1Ö1013-0013); (WY=CDS-101013-0014)
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
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 purpses of these
negotiations will be treated as Confidential Information developed for
purposes of settlement, and wil 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 written notice
(or such longer period as agreed to in writing by the Parties), then
either Party may commence a civil action. Any action wil be brought in
the United States District Court for the District of Colorado if it has
subject matter jurisdiction over the action, and shall otherwise be
brought in the Denver District Court for the State of Colorado. The
Parties agree that such courts have personal jurisdiction over them.
25.3 Waiver of Jury Trial and Class Action. Each Party, to the
extent permitted by law, knowingly, voluntarily, and intentionally waives
its right to a trial by jury and any right to pursue any claim or action
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
25.4 No cause of action regardless of the form of action, arising
out of, or relating to this Agreement, may be brought by either Party
more than two (2) years after the cause of action arises.
26. Headings. The headings used in this Agreement are for
convenience only and do not in any way limit or otherwse affect the
meaning of any terms of this Agreement.
27. Authorization. Each Part represents and warrnts that:
A. the full legal name of the legal entity intended to provide and
receive the benefis and Services under this Agreement is
accurately set forth herein;
B. the person signing this Agreement has been duly authorized
to execute this Agreement on that Party'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 Party is bound or affected; and
D. each Part may act in reliance upon any instruction,
instrument, or signature reasonably believed by it to be authorized
and genuine.
29.1 Workers' Compensation with statutory limits as required in
the state of operation and Employers' Liabilty insurance with limits of
not less than $100,000 each accident.
29.2 Commercial General Liabilty insurance covering claims for
bodily injury, death, personal injury or property damage, including
coverage for independent contractor's protection (required if any work
wil be subcontracted), products and/or completed operations and
contractual liabilty with respect to the liabilty assumed by each Party
hereunder. The limits of insurance shall not be less than $1,000,000
each occurrence and $2,000,000 general aggregate limit.
29.3 "All Risk" Property coverage on a full replacement cost basis
insuring all of such Party's personal property situated on or within the
Premises.
29.4 Each Party may be asked by the other to provide
certificate(s) of insurance evidencing coverage, and thereafter shall
provide such certificate(s) upon request. Such certificates shall:
A. name the other Party as an additional insured under
commercial general liabilty coverage;
B. indicate that coverage is primary and not excess of, or
contributory with, any other valid and collectible insurance
purchased by such Part; and
C. acknowledge severabiliy 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 Party under this Agreement
comply with the CALEA. Each Party wil indemnify and hold the other
Part harmless from any and all penalties imposed upon the other
Part for such noncompliance and wil at the non-copliant Party's
sole cost and expense, modify or replace any equipment, facilties or
Services provided to the other Party under this Agreement to ensure
that such equipment, facilties and Services fully comply with CALEA.
31. Entire Agreement. This .. Agreement (including all
Attachments, 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, agreements, or representations
by or between the Parties, written or oral, including but not limited to,
any term sheet or memorandum of understanding entered into by the
Parties, to the extent they relate in any way to the subjects of this
Agreement. Notwithstanding the foregoing, certain elements used in
combination with the Service provided under this Agreement are
provided by Qwest to CLEC under the terms and. conditions of its
intercnnection agreement, and nothing contained herein is intended
by the Parties to amend, alter, or otherwise modify those terms and
conditions.
. 32.Proof of Authorization.
32.1 Each Party shall be responsible for obtaining and
maintaining Proof of Authorization (POA), as required by applicable
federal and state law, as amended from time to time.
32.2 Each Part wil make POAs available to the other Party upon
request. In the event of an allegation of an unauthorized change or
unauthorized service in accordance with Applicable Law, the Party
charged with the alleged infraction shall be responsible for resolving
such claim, and it shall indemnify and hold harmless the other Party for
any losses, damages, penalties,. or other claims in connection with the
Page80f11
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33. General Terms.
33.5. Individual Case Basis Requests. CLEC may request
additional Services not specified in this Agreement and Qwest will
consider such requests on an Individual Case Basis.
33.6. Responsibilty For Environmental Contamination.
alleged unauthorized change or service.
33.1 Qwest wil provide general repair and maintenance services
on its facilties, including those facilities supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Qwest.
A. Neither Party shall be liable to the other for any costs
whatsoever resulting from the presence or release of any
Environmental Hazard that either Party did not introduce to the
affected work location. Each Party shall defend and hold
harmless the other Party and its respective offcers, directors and
employees from and against any losses, damages, claims,
demands, suits, liabilties, fines, penalties and expenses
(including reasonable. attorneys' fees) that arise out of or result
from:
33.2 In order to maintain and modernize the network properly,
Qwest may make necessary modifications anp changes to its network
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Network maintenance and modernization
activities will result in transmission parameters that are within
transmission limits of the Service ordered by CLEC. Qwest wil provide
advance notice of changes that affect network Interoperabilty pursuant
to applicable FCC rules.1. any Environmental Hazard that the Indemnifying Party,
its contractors or agents introduce to the work locations; or
33.3 Network Security.
A. Protection of Service and Propert. Each Party wil exercise
the same degree of care to prevent harm or damage to the other
Party and any third parties, its employees, agents or End User
Customers, or their property as it employs to protect its own
employees, agents, End User Customers and property, , but in no
case less than a commercially reasonable degree of care.
2. the presence or release of any Environmental Hazard
for which the Indemnifying Party is responsible under
Applicable Law.
B. Each Party is responsible to provide security and privacy of
communications. This entails protecting the confidential nature of
Telecommunications transmissions between End User Customers
during technician work operations and at all times. Specifically,
no employee, agent or representative shall monitor àny 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 participated in such communications or even that such
communication has taken place. Violation of such security may
entail state and federal criminal penalties, as well as civil
penalties. CLEC is responsible for covering its employees on
such security requirements and penalties.
B. In the event any suspect materials within Qwest-owned,
operated or leased facilties are identified to CLEC by Qwest to be
asbestos containing, CLEC wil ensure that to the extent any
activities which it undertakes in the facilty disturb such suspect
materials, such CLEC activities wil be in accordance with
Applicable Law, including without limitation, applicable local, state
and federal environmental and health and safety statutes and
regulations. Except for abatement activities undertaken by CLEC
or equipment placement activities that result in the generation of
asbestos-containing 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-cntaining
materiaL. Qwest agrees to immediately notify CLEC if Qwest
undertakes any asbestos control or asbestos abatement activities
that potentially could affect CLEC personnel, equipment or
operations, including, but not limited to, contamination of
equipment.
C. The Parties' networks are part of the national security
network, and as such, are protected by federal law. Deliberate
sabotage or disablement of any portion of the underlying
equipment used to provide the network 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, uncollectible or unbilable
revenues, resulting from accidental, erroneous, malicious,
fraudulent or otherwse unauthorized use of Services or facilties
('Unauthorized Use"), whether or not such Unauthorized Use
could have been reasonably prevented by Qwest, except to the
extent Qwest has been notified in advance by CLEC of the
existence of such Unauthorized Use, and fails to take
commercially reasonable steps to assist in stopping or preventing
such activity.
33.4. Construction. Qwest will provide necessary construction
only to the extent required by Applicable Law.
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DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
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 network management
are provided by means of centralized databases.
"Affilate" means a Person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the term .own' means to
own an equity interest (or the equivalent thereof) of more than 10 percent.
"Automatic Location Identification" or "ALI" is the automatic display at the
Public Safety Answering Point of the caller's telephone number, the
address/location of the telephone and supplementary emergency services
information 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 orders of the
FCC or a state regulatory authority.
"Bil Date" means the date on which a Billng period ends, as identified on
the bilL.
"Biling" involves the provision of appropriate usage data by one
Telecommunications Carrier to another to faciltate Customer Billng with
attendant acknowledgments and status reports. It also involves the
exchange of information between Telecommunications Carrers to process
claims and adjustments.
"Carrier" or "Common Carrier" See Telecommunications Carrier.
"Central Ofce" means a building or a space within a building where
transmission facilties or circuits are connected or switched.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C.
Section 332 and FCC rules and orders interpreting that statute.
"Communications Assistance for Law Enforcement Act" or "CALEA" refers
to the duties and obligations of Carriers under Section 229 of the Act.
"Confidential Information" means any information that is not generally
available to the public, whether of a technical, business, or other nature
and that: (a) the receiving Party knows or has reason to know is
confidential, proprietary, or trade secret information of the disclosing Party;
and/or (b) is of such a nature that the receiving Party should reasonably
understand that the disclosing Party desires to protect such information
against unrestricted disclosure. Confidential Information wil not include
information that is in the public domain through no breach of this
Agreement by the receiving Party or is already known or is independently
developed by the receiving Party.
"Customet' means the Person purchasing a Telecommunications Service
or an information service or both from a Carrier.
"Day" means calendar days unless otherwise specified.
"Demarcation Poinl is defined as the point at which the LEC ceases to
own or control Customer Premises wiring including without limitation inside
wiring.
"Directory Assistance Database" contains only those published and non-
listed telephone number listings obtained by Qwestfrom its own End User
Customers and other Telecmmunications Carriers.
"Directory Assistance Service" includes, but is not limited to, making
available to callers, upon request, information 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 party retail Customer that subscribes
to a Telecommunications Service provided by either of the Parties or by
another Carrier or by two (2) or more Carriers.
"Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental Response
Compensation and Liabilty Act, Superfund Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
Occupational Safety and Health Act and provisions with similar purpses in
applicable foreign, state and local jurisdictions) or (ii) poses risks to human
health, safety or the environment (including, without limitation, indoor,
outdoor or orbital space environments) and is regulated. under any
Applicable Law.
"FCC" means the Federal Communications Commission.
"Interexchange Carrier" or "IXC" means a Carrier that provides InterLA T A
or IntraLATA Toll services.
"Line Information Database" or "L1DB" stores various telephone line
numbers and Special Biling Number (SBN) data used by operator services
systems to pr.ocess and bil Altemately Billed Services (ABS) calls. The
operator services system accesses L1DB data to provide originating line
(callng number), Billng number and terminating line (called number)information.. L1DB is used for callng card validation, fraud prevention,
Biling or service restrictions and the sub-account information to be
included on the call's Billng record. Telcordia's GR-446-CORE defines the
interface between the administration system and L1DB including specific
message formats (Telcordia's TR-NWP-000029¡,Section 10).
"Line Side" refers to End Offce Switch connectons that have been
programmed to treat the circuit as a local line connected to a terminating
station (e.g., an End User Customer's telephone station set, a PBX,
answering machine, facsimile machine, computer, or similar customer
device).
"Local Exchange Carrer" or "LEC" means any Carrier that is engaged in
the provision of Telephone Exchange Service or Exchange Access. Such
term does not include a Carrer insofar as such Carrer is engaged in the
provision of Commercial Mobile Radio Service under Section 332(c) of the
Act, except to the extent that the FCC finds that such service should be
included in the definition of such term.
"Loop" or ~'Unbundled Loop" is defined as a transmission faCilty between a
distribution frame (or its equivalent) in a Qwest Central Ofce and the Loop
Demarction Point at an End User Customer's Premises
"Local Service Request" or "LSR" means the industry standard forms and
supporting documentation used for ordering local services.
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DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
"Miscellaneous Charges" mean charges that Qwest may assess in addition
to recurring and nonrecurring rates set forth in the Rate Sheet, for activities
CLEC requests Qwest to perform, activities CLEC authorizes, or charges
that are a result of CLEC's actions, such as cancellation charges,
additional labor and maintenance. Miscellaneous Charges are not already
included in Qwests recurring or nonrecurrng rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Network Element" is a facilty or equipment used in the provision of
Telecommunications Service or an information service or both. It also
includes features, functions, and capabilties that are provided by means of
such facilty' or equipment, including subscriber numbers, databases,
signaling systems, and information suffcient for Billng and collection or
used in the transmission, routing, or other provision of a
Telecommunications Service or an information service or both, as is more
fully described in this Agreement.
"Operational Support Systems" or "OSS" mean pre-ordering, Provisioning,
maintenance, repair and billng systems.
"Order Form" means service order request forms issued by Qwest, as
amended from time to time.
"Person" is a general term meaning an individual or association,
corporation, firm, joint-stock company, organization, partnership, 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 facilties connected to the Central Offce Switch. Each
Line Side Port is typically associated with one or more telephone numbers
that serve as the Customer's network address.
"Premises" refers to Qwests Central Ofces and Serving Wire Centers; all
buildings or similar structures owned, leased, or otherwise controlled by
Qwest that house its network facilties; all. structures that house Qwest
facilties on public rights-of-way, including but not limited to vaults
containing Loop concentrators or similar structures; and all land owned,
leased, or otherwse controlled by Qwest that is adjacent to these Central
Offces, Wire Centers, buildings and structures.
"Proof of Authorization" or "POA" shall consist of verification of the End
User Customer's selection and authorization adequate to document the
End User Customer's selection of its local service provider and may take
the form of a third party verification format.
"Provisioning" involves the exchange of information between
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 Network" includes all Switches and transmission facilties,
whether by wire or radio, provided by any Common Carrier including LECs,
IXCs and CMRS providers that use the North American Numbering Plan in
connection with the provision of switched services.
. "Serving Wire Center" denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a particular
Customer Premises.
Access Tandem Switches), and between Tandem Switches within the
Local Callng Area, as described more fully in this Agreement.
"Switch" means a switching device employed by a Carrer within the Public
Switched Network. Switch includes but is not limited to End Offce
Switches, Tandem Switches, Access Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End OffcelTandem Switches.
"Switched Access Traffc," as specifically defined in Qwests interstate
Switched Access Tariffs, is traffic that originates at one of the Party's 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 Party's End User
Customers, whether or not the traffic transits the other Party's network.
"Tariff as used throughout this Agreement refers to Qwestinterstate
Tariffs and state Tariffs, price lists, and price schedules.
"Telecommunications Carrier" means any provider of Telecommunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Act). A
Telecommunications Carrier shall be treated as a Common Carrier under
the Act only to the extent that it is engaged in providing
Telecommunications Services, except that the FCC shall determine
whether the provision of fixed and mobile satellte service shall be treated
as common carriage.
"Telecommunications Services" means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilties used.
''Telephone Exchange Service" means a Service within a telephone
exchange, or within a connected system of telephone exchanges within the
same exchange area operated to fumish to End User Customers
intercommunicating Service of the character ordinarily furnished 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 facilties (or combinations thereof) by which a
subscriber 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 entiy.
"Wire Center" denotes a building or space within a building that serves as
an aggregation point on a given Carrier's network, where transmission
facilties are connected or switched. Wire Center can also denote a
building where one or more Central Offces, used for the provision of basic
exchange Telecommunications Services and access Services, are located.
Terms not otherwise 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 facilties
shared by more than one Carrier, including Qwest, between End Offce
Switches, between End Ofce Switches and Tandem Switches (local and
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'1..
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
1.1 General QLSP Service Description.
1.2.1 Pursuant to the order issued by the FCC.
pertaining to the availabilty of Unbundled Network Element
("UNE") Loops under Section 251(c)(3) of the Act in itsReport and Order-Petition of Qwest Corporation for
Forbearance Pursuant to 47 U.S.C. § 160(c) in the Omaha
Metropolian 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 Centers under the
tenns and conditions of the Agreement and this Attachment
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.
1.0 Qwest wil provide Qwest Local Services PlatfonnlI
("QLSPql) Services according to the terms and conditions
set forth in the QLSP Agreement between the Parties (the
"Agreement") and in this Attachment 2 to the Agreement,
which is incorporated into and made a part of the Agreement
(this "Attachment"). Except as otherwise set forth in thisAttachment, capitalized tenns used but not otherwse
defined herein have the definitions assigned to them in the
Agreement. CLEC may use QLSP Services to provide any
Telecommunications Services, information services (or both)
that CLEC chooses to offer to the extent that such services
are granted herein or not limited hereby.
1.1.1 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Advanced
Intellgent Network ("AIN) Services, e.g., remote access
forwarding, and Qwest Voice Messaging Services ("VMS")
may also be purchased with compatible QLSP Services.
These Network Elements wil be provided in compliance with
all Telcordia and other industry standards and technical and
performance specifications to allow CLEC to combine the
QLSP Services with a compatible voicemail product and
stutter' dial tone. Qwest wil provide access to 911
emergency services and directory listings in accordance with
the tenns and conditions of CLEC's interconnection
agreements ("ICAs"), except that the business end user rate
in the applicable tariff applies to all end user premium and
privacy directory listings (with the exception of residential
additional listings, i.e., USOC RL T) when services are
provisioned to CLEC under this Agreement whether CLEC's
end user is a residential end user or a business end user.
As part of the QLSP Service, Qwest combines the Network
Elements that make up QLSP Service with analog/digital
capable Loops, with such Loops (including services such as
line splitting) being provided in accordance with the rates,
tenns and conditions of the CLEC's ICAs. CLEC may also
purchase Qwest Commercial High Speed Internet (HSI)
Service (also known as Qwest Digital Subscriber LinecI
(DSL)), under a separate Services agreement, to be used
with compatible QLSP Service.
1.2.2 The following QLSP Service types wil 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.
1.2.3 QLSP PBX Analog 2-Way DID Trunks wil be
combined with 4 wire loops.
1.3 Local Switching. The Local Switching Network Element
("Local Switching") is collectively the Line Side and Trunk
Side facilties in the . local serving Qwest end offce Switch
which provides the basic switching function, the port, plus
the features, functions, and capabilties of the switch
including all compatible, available, and loaded vertical
features (e.g., anonymous call rejection) that are loaded in
that switch. Vertical features are softare attributes on end
offce Switches and are listed on the Qwest wholesale
website. Qwest signaling is provided with Local Switching
solely as described in Section 1.4.2 of this Attachment. The
following Local Switching ports are available with QLSP
Service: Analog Line Ports, Digital Line Ports Supporting
Basic Rate Interface-Integrated Services Digital Network
("BRI ISDN"), and Analog Trunk Ports.
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 ano, in Minnesota only,Centron); QLSP ISDN BRI; QLSP Public Access Lines
("PAL"); QLSP PBX Analog DID and non-DID (one way andtwo way) trunks.
1.3.1 Analog Line Port. Line Port attributes include:
telephone number; dial tone; signaling (Loop or ground
start); onloff hook detection; audible and power ringing;
Automatic Message Accounting (AMA Recording); and
blocking optioRs.
1.1.3 Nothing in this Attachment 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.
1.3.2 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 BRI ISDN voice and data basic elements.
For flexibilty and customization, optional features can be
added. BRIISDN Port does not offer B Channel Packet
servce capabilties. The serving arrangement .conforrs to
the internationally developed, published, and recognized
standards generated by International Telegraph and
Telephone Union (forreny CCITT).
1.2 Combination of QLSP Service with Loops. Except as
described below, the Loop wil be provided by Qwest under
the applicable ICAs in effect between Qwest and CLEC at
the time the order is placed. As part of the QLSP Service,
Qwest wil combine the Local Switching and Shared
Transport Network Elements with the Loop.
1.3.3 Analog Trunk Port. DSO analog trunk Ports can be
configured as DID, DOD, and two-way.
1.3.3.1 Analog trunk Ports provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or
4-Wire connections. This Trunk Side connection
inherently includes hunting within the trunk group.
October 18, 2010/mmslLibert-Bell Telecom, LLC
Attachment 2 - QLSPiI - (v8-20-10)
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l"..
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Offce. For 2-Wire servce, the trunks are
converted at the End User Customets loction.
record; and callng card, biled to third number, and collect
call information used in processing Alternately Biled
Services (ABS).
1.3.3.3. Two-way analog DID trunks are capable of
initiating out going calls, and may be equipped with
either rotary or touch-tone (DTMF) for this purpe.
When the trunk is equipped with DID call transfer
feature, both the trunk and telephone instruments
must be equipped with DTMF.
1.4.5 The ICNAM database is used with certain end
offce Switch features tö provide the callng party'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 service arrangement.1.3.3.4 Two-way analog DID trunks require E&.M
signaling. Qwest will use Type I and II E&M
signaling to provide these trunks to the PBX. Type II
E&M signaling from' Qwest to the PBX will be
handled as a special assembly request on an
Individual Case Basis.
1.4.6 Qwest wil provide the listed name of the callng
party 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 appropnate request).
1.3.4 Usage. Local Switching Usage is biled on a
Minute of Use ("MOU" basis as descnbed within this
Attachment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
1.4.7 For CLEC's QLSP End User Customers, Qwest
wil 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 A.1 QLSP Service includes nondiscriminatory access to
all vertical features that are loaded in the Local serving
Qwest end offce switch.
1.4.8 Qwest wil exercise reasonable efforts to provide
accurate and complete L1DB and ICNAM information. The
information is provided on an as-is basis with all faults.
Qwest does not warrant or guarantee the correctness or the
completeness of such information; however, Qwest wil
access the same database for CLEC's QLSP End User
Customers as Qwest accesses for its own End User
Customers. Qwest will not be liable for system outage or
inaccessibilty or for losses arising from the authorized use of
the data by CLEC.
1.4.2 Local Switching includes use of Qwests signaling
network (ISUP call set-up) solely for Local Traffc. "Locl
Traffc" and "Local Calls" means calls that onginate and
terminate within the Local Callng Area as defined in the
Qwest tariff. Qwest wil 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), Internetwrk Callng Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portabilty Database. CLEC
wil not have access 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 network
for Toll Traffc. "Toll Traffc" and "Toll Calls" means intra local
access and transport area ("LATA") or interLATA calls that
originate and terminate outside of the Local Callng Area as
defined in the Qwest tanff. For all Toll Traffc originated by
or terminated to CLEC's QLSP End User Customer, Qwest
may bill applicable tariff charges, including SS7 message
charges (ISDN User Part (IS UP) and Transaction
Capabilties Application Part (TCAP)), to the Interexchange
Carrier (IXC) or other wholesale SS7 provider.
1.4.9 Qwest wil not charge CLEC for the storage of
CLEC's QLSP End User Customers' information in the L1DB
or ICNAM databases.
1.5 Shared Transport and Toll.
1.4.3 ICNAM and L1DB. CLEC will have non-
discriminatory access to Qwests L1DB database and ICNAM
database as part of the delivery of QLSP Service.
1.5.1 Shared Transport. The Shared Transport
Network Element ("Shared Transport") provides the
collective interoffce transmission facilties shared by vanous
Carners (including Qwest) between end-offce switches and
between end-offce switches and local tandem switches
wihin the Local Calling Area. Shared Transport uses the
existing routing tables resident in Qwest switches to carry
the End User Customer's onginating and terminating
local/extended area service interoffce Local traffc on the
Qwest interoffce message trunk network. CLEC traffc wil
be carned on the same transmission facilties between end-
offce switches, between end-offce switches and tandem
switches and between tandem switches on the same
netwrk facilties that Qwest uses for its own traffc. Shared
Transport does not include use of tandem switches or
transport between tandem switches and end-offce switches
for Local Calls that originate from end users served by non-
Qwest Telecommunications Carners ("Carner(s)") which
terminate to QLSP End Users.1.4.4 The L1DB database contains the following data:
vanous telephone line numbers and special billng number
(SBN) data; originating line (callng number); biling number
and terminating line (called number) information; callng card
validation; fraud prevention; Billng or service restrictions;
sub-account information to be included on the calls Biling
.1.5.2 Onginating Toll Calls from, and terminating Toll
Calls to, QLSP End Users wil be delivered to/from the
designated IXCs from the Qwest end-offce switches and
accss tandems. Use of access tandem switches are not
October 18, 2010/mmslLibert-Bell Telecom, LLC
Attachment 2 - QLSPiI - (v8-20-10)
(AZ=CDS-1 01013-0001); (CO=CDS-1 01 013-0002); (IA=CDS-101 013-0003); (ID=CDS-1 01 013-0004); (MN=CDS-101013-0005);
(MT=CDS-1 01 013-0006); (ND=CDS-1 01 013-0007); (NE=CDS-1 01 013-0008); (NM=CDS-1 01 013-0009); (OR=CDS-1 01 013-001 0);
(SD=CDS-101013-0011); (UT=CDS-101013-0012); (WA=CDS-101013-0013); (WY=CDS-101013-0014)
2
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098GCC96EOD
~..
QWEST LOCAL SERVICES PLATFORM!I AGREEMENT
ATTACHMENT 2-QLSP!I Service Description
1.5.3 Intra LATA and InterLATA Carrier Designation.
QLSP includes the capabilty for selection of the interLATA
and intra LATA Toll provider(s) on a 2-Primary InterexchangeCarrier (PIC) basis. CLEC wil designate the PIC
assignment(s)on behalf of its End User Customers for
interLATA and intra LATA Services. All CLEC initiated PIC
changes wil be in accordance with all Applicable Laws, rules
and regulations. Qwest wil not be liable for GLEC's
improper PIC change requests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Qwest does not
authorize CLEC to offer, request, or select Qwest LPIC 5123
service to CLEC's End User Customers for intraLATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwest LPIC 5123 to CLEC's End User
Customers, Qwest will bill CLEC and CLEC will pay Qwest
the rates contained or referenced in the attached 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 accordance with CLEC's ICAs, except for
those Loops that are otherwse provided for in the
Agreement.
included in the Agreement or this Attachment and access
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 accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in the Agreement.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 2 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in the Agreement.
1.5.5 Usage. Shared Transport is biled on a MOU
basis as described within this Attachment. Rates for
"Shared Transport Usage" or "Shared Transport MOUs" are
provided in the QLSP Rate Sheet.
1.6 QLSP Service Arrangement Descriptions.
1.6.5.3 PBX with analog 2- way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 4 wire
voice grade Loop provided in accordance with,CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Services
include Centrex 21, Centrex Plus and, in Minnesota only,
Centron, and are the combination of an analog Line Side
Port and Shared Transport provided under the Agreement
with an analog - 2 wire voice grade Loop provided in
accordance with GLEC's I CAs , except for those Loops that
are otherwise provided for in the Agreement.
1.6.6 QLSP Residential is available to CLEC for CLEC's
residential End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accrdance with CLEC's ICAs, except as
otherwise 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 Qwests 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 accordance with CLEC's ICAs, except for those
Loops that are otherwise 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 Convllrsion NRC(s) provided in
the Rate Sheet wil 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) utilzing the LSR process as described in the
Qwest wholesale website.
2.0 Additional Terms and Conditions and Serice Features.
2.1 Qwest does not warrant the availability of facilities at any
serving wire center. QLSP Services wil not be available if
facilities are not available. Qwest represents and warrants
that it will not otherwise restrict facilties eligible to provide
QLSP Service and that any and all facilties that would
otherwise be available for retail service to a Qwest End User
Customer will be considered eligible for use by CLEC for
QLSP Service to serve that same End User Customer.
1.6.2.2 Qwest wil provide access to Customer
. Management System (CMS) with QLSP-Centrex at the
rates set forth in the Rate Sheet.
1.6.3 QLSP ISDN BRI is available to CLEC for CLEC's
End User Customers and is the combination of a Digital Line
Side Port (supportingBRI ISDN), and Shared Transport
provided under the Agreement with a Basic Rate ISDN-
capable Loop provided in accordance with CLEC's I CAs ,
except for those Loops that are otherwise provided for in the
Agreement.
2.2 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
either LPS or GST. Unless specifically requested otherwse,
Qwest provisions POTS Services as LPS. GST is generally1.6.4 QLSP PAL is available to CLEC for only CLEC's
Payphone Service Providers (PSPs) and is the combination
October 18, 2010/mms/Libert-Bell Telecom, LLC
Attachment 2 - QLSP!I - (v8-20-10)
(AZ=CDS-1 01 013-0001); (CO=CDS-1 01 013-0002); (IA=CDS-1 01 013-0003); (ID=CDS-1 01 013-0004); (MN=CDS-101013-0005);
(MT=CDS-1 01 013-0006); (ND=CDS-1 01 013-0007); (NE=CDS-1 01 013-0008); (NM=CDS-1 01 013-0009); (OR=CDS-1 01 013-001 0);
(SD=CDS-101013-0011); (UT=CDS-1 01013-0012); (WA=CDS-101013-0013); (W=CDS-101013-0014)
3
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
2.6
,..
QWEST LOCAL SERVICES PLATFORMQï AGREEMENT
ATTACHMENT 2-QLSPQï 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 versa.
Additional information and ordering requirements are
detailed on the Qwest Wholesale website.
2.3
2.2.1 The Subsequent Order Charge provided in the
QLSP Rate Sheet and the Qwest retail Tariff nonrecurrng
charge ("NRC") for LPS/GST Changes, less an 18%wholesale discount, wil be added to service orders
requesting LPS/GST Changes.
Daily Usage Feed (DUF). Qwest wil provide to CLEC
certain originating and terminating call records ("usage
information") generated by CLEC's QLSP end user via a
DUF.
3.3
2.7 If Qwest develops and deploys new local switch features for
its End User Customers, those switch features wil be
available with QLSP Service in the same areas and subject
to the same limitations. The rates that Qwest charges for
such new locl switch features will not in any case be higher
than the retail rate Qwest charges for such features.
2.3.1 Qwest wil provide to CLEC Local Call usage
information within Qwests control with respect to calls
originated by or terminated to CLEC QLSP End User
Customers in the form of the actual information that is
comparable to the information Qwest uses to bill its own End
User Customers.
2.3.2 Qwest will provide to CLEC usage information
necessary for CLEC to bil for interLATA and intraLATA
exchange access to the IXC (excluding intra LATA usage
information if Qwest LPIC 5123 is selected as the intra LATA
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 allowed under section 3.7 of
this Attachment. These exchange access records will be
provided as Category 11 EMI records via the DUF.
2.3.3 Qwest wil provide DUF records for the following:
all usage occurrences bilable to CLEC's QLSP lines,
including Busy Line Vèrify (BLV), Busy Line Interrupt (BLI);
originating local usage; usage sensitive CLASS features;
and Qwest-provided intraLATA toll.
2.3.4 Local Call usage records wil be provided as
Category 01 or Category 10 EMI records via the DUF.
Terminating Local Call usage records are not collected or
available and wil not be provided.
2.4 Feature and interLATA or intra LATA PiC changes or
additions for QLSP, wil be processed concurrently with the
QLSP order as specified by CLEC.
2.8 Nothing in the Agreement alters or affects CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
2.5 Access to 911/E911 emergency Services for CLEC's End
User Customers will be available in accordance 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 services as an obligation under 47
U.S.C. §251.
2.9 Qwest Operator Services and Directory Assistance Services
are provided under the terms and conditions of CLEC's
ICAs.
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.
3.0 Rates and Charges.
3.1 The recurring ("MRC") and NRC rates for QLSP Services
and all associated QLSP applicable usage-based rates and
miscellaneous charges are set forth or incorporated by
reference into the attached QLSP Rate Sheets. Rates for
QLSP Services are in addition to the applicable rates for
elements and Services provided under CLEC's ICAs.
Applicable intercarrer compensation rates and charges
(such as access charges, reciprocal compensation, and
other charges for elements and services) are applicable and
are provided under a separate Agreement or Tariff.
3.2 QLSP rates Effective Date through Term. Starting on the
Effective Date of the Agreement, rates for the Service wil be
those provided or referenced in the attached Rate Sheet.
The MRCs for the switch port will be adjusted annually,
effective January 1 of each year through the term of the
Agreement. CLEC is eligible for and wil receive discounts
on the Basic Plan switch port MRCs if it meets the volume
plans described below. Discounts are not cumulative and
Qwest wil apply the highest discount rate for which CLEC
qualifies. Basic Plan MRCs will apply if CLEC does not
qualify for any discount.
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 a10% 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 wil include all
QLSP lines, if any, from the previous year. For example, to
determine 2011 QLSP rates, Qwest wil use the total number
October 18, 2010/mms/Libert-Bell Telecom, LLC
Attachment 2 - QLSPQï - (v8-20-10)
(AZ=CDS-101013-0001); (CO=CDS-101013-0002); (IA=CDS-1 01 013-0003); (ID=CDS-101013-0004); (MN=CDS-101013-0005);
(MT=CDS-101013-0006); (ND=CDS-1 01 013-0007); (NE=CDS-1 01 013-0008); (NM=CDS-1 01 013-0009); (OR=CDS-1 01 013-001 0);
(SD=CDS-101013-0011); (UT=CDS-101013-0012); (WA=CDS-101013-0013); (W=CDS-101013-0014)
4
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
..
'tj
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
3.4
of CLEC's QLSP lines as of October 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 wil be effective on each
January 1 during the term of the Agreement.
Except as otherwise provided herein, the Loop element
combined with a QLSP Service wil be provided in
accordance with CLEe's ICAs with Qwest at the rates set
forth in those ICAs.
including but not limited to flat rate transport charges, in
accordance with the applicable Tariff
3.8 Local Switching Usage and Shared Transport' Minute of
Use (MOU) This section describes the use of the Qwest
network for different call types originated by or terminated to
QLSP End Users. This section does not affect Qwests
rights to charge IXCs for signaling as described in Section
1.4.2 of this Attachment.
3.4.1 Loops provided under the Agreement. Upon
thirty (30) Days notice via the standard commercial
notification process, Qwest may change monthly recurring
charges for the Omaha, Nebraska Loop elements provided
under the Agreement. Additionally, notwithstanding the
rates reflected in the Nebraska QLSP Rate Sheet, the
Parties understand and agree that Qwest has the right to
adjust commercial port rates in Nebraska after the Nebraska
PSC issues a final order related to Application No.
C-3554/PI-112 and CLEC's continued use of any Services in
Nebraska constitutes its acceptance of such updated rates.
3.8.1 Originating IntraOffice Local Calls - This
originating Local Call requires switching by the local serving
Qwest end offce Switch. only. When this call type is
originated by a QLSP End User, Local Switch Usage
charges provided in the QLSP Rate Sheet will apply. For
these call types that also terminate to an end user served by
a Carrier, Qwest may pay that Carrer certain terminating
compensation charges under terms and conditions of a
separate ICA.
3.6 CLEC wil pay Qwest the PiC change charge associated with
CLEC End User Customer changes of interLATA or
intraLATA Carriers. Any change in CLEC's End User
Customers' interLATA or intraLATA Carrier must be
requested by CLEC on behalf of its End User Customer.
3.8.2 Originating InterOffce Local Calls. This
originating Local Call requires switching by the local serving
Qwest end offce and other interoffce switching for Local
traffc. When this call type is originated by a QLSP end user,
Local Switch Usage per MOU and Shared Transport per
MOU charges provided in the Rate Sheet will apply. For
these call types that also terminate to an end user served by
a non~Qwest Carrer, Qwest may pay that Carrier certain
terminating compensation charges under terms and
conditions of a separate ICA
3.5 CLEC wil be responsible for biling its QLSP End User
Customers for all Miscellaneous Charges and . surcharges
required of CLEC by. statute, regulation or as otherwise
required.
3.7.1 Switched Access. For QLSP End User
Customer(s), Qwest will not charge to or collect from the IXC
usage based end offce and loop Switched Access charges
(such as Switched Access Local Switching, End Offce
Shared Port, Tandem Transmission and Carrier Common
Line) for InterLATA or IntraLATA Toll Calls originating or
terminating from that QLSP End User Customer's line to an
IXC.
3.8.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local serving Qwest end offce.
If the QLSP End User's selected IXC does not have direct
trunking to the locl serving Qwest end offce, Shared
Transport is required to deliver that call to the Access
Tandem for delivery to the IXC. When this call type is
originated by a QLSP end user, Local Switch Usage
provided in the QLSP Rate Sheet applies. Additionally, if
Shared Transport is necessary to deliver the call to the
Access Tandem, Shared Transport Usage charges provided
in the QLSP Rate Sheet wil 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 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 Access, Signaling, orTransit charges) between any parties, including between
Qwest and Carriers or IXCs.
3.7.2 Signaling. Qwest retains its rights to charge IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as L1DB,
ICNAM and 8XX) associated with intertTA and intra LATA
Toll Calls originated by or terminated to a QLSP End User
under the applicable Tariff.
3.8.4 Terminating IntraOffice and InterOce Local
Calls. This terminating Local Call requires switching by the
local serving Qwest end offce and in certain instances other
interoffce switching within the Local Callng area. When a
call is terminated to a QLSP end user, no charges wil apply
under QLSP. For these call types that originate from an end
user served by a Carrier, Qwest retains its rights to bil that
Carrer certain Transit charges as described in Section 3.7
above.
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 bil the originating Carrer Transit charges for that
call under the originating Carrer's Agreement.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
Call always requires switching by the local serving Qwest
end offce. If the originating caller's IXC does not have direct
trunking to the QLSP end user's local serving Qwest end
offce switch, Shared Transport is required to terminate the
call to the receiving QLSP end user. When this call type is
terminated. to a QLSP end user, Local Switch Usage
charges provided in the Rate Sheet wil apply. Additionally,
if Shared Transport is necessary to deliver the call to the
QLSP end user from the access tandem, Shared Transport
3.7.4 Other. Qwest retains its rights to billXCs or other
Carriers, as applicable, any and all other access charges
and assessments not expressly addressed in this section,
October 18, 2010/mmslLiberl-Bell Telecom, LLC
Attachment 2 - QLSPiI - (v8-20-10)
(AZ=CDS-1 01 013-0001); (CO=CDS-1 01 013-0002); (IA=CDS-1 01 013-0003); (ID=CDS-1 01 013-0004); (MN=CDS-1 01 013-0005);
(MT=CDS-1 01 013-0006); (ND=CDS-1 01 013-0007); (NE=CDS-1 01 013-0008); (NM=CDS-1 01 013-0009); (OR=CDSc1 01 013-001 0);
(SD=CDS-101013-0011); (UT=CDS-101013-0012); (WA=CDS-1 01013-0013); (W=CDS-101013-0014)
5
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
3.9
3.10
3.11
4.0
4.1
4.2
4.3
4.4
4.5
5.0
,
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
\j
Usage charges provided in the Rate Sheet wil apply. For
these call types that require Shared Transport, Qwest retains
its rights to bil the IXC for Tandem elements under the
Tariff.
3.8.6 Originating Toll Calls when QC is the
IntraLATAToll provider. See Section 1.5.4 above.
Qwest wil 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 Services have a one-month minimum service penod
requirement for each CLEC End User Customer. The one-
month minimum service penod is the penod of time that
CLEC is required to pay 100% of the MRC for the Service
even if CLEC does not retain Service for the entire month.
QLSP Services are biled month to month and wil after the
one month minimum service period is satisfied be pro-rated
for partial months based on the number of days Service was
provided.
The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing service,
including changing a telephone number, initiating or
removing suspension of Service, denying or restonng
service, adding, removing or changing features, and other
similar requests.
Systems and Interfces.
Qwest and CLEC will support the use of current OSS
interfaces and OSS business rules for QLSP, including
electronic ordenng and flow, as the same may evolve over
time.
QLSP Services are ordered utiizing the LSR process as
descnbed in the Qwest wholesale website.
Prior to placing an order on behalf of each End User
Customer, CLEC wil be responsible for obtaining and wil
have in its possession a Proof of Authorization as set forth in
the Agreement.
When Qwest or another provider of choice, at the End User
Customer's request, orders the discontinuance of the End
User Customer's existing service with CLEC, Qwest wilrender its closing bil to CLEC effective as of the
disconnection. Qwest will notify CLEC by FAX, OSS
interface, or other agreed upon processes when an End
User Customer moves to Qwest or another service provider.
Qwest wil not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End
User Customer.
The Parties wil provide each other with points of contact for
order entry, problem resolution, repair, and in the event
special attention is required on service request.7.4
bil its End Users or other Carriers (including Qwest), Qwest
will work with CLEC in good faith to deliver such information.
6.0
6.1
Maintenance and Repair.
Qwest wil maintain facilities and equipment that comprise
the QLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Qwest facilties or equipment, other than by
connection or disconnection to any interface between Qwest
and the End User Customer, without the written consent of
Qwest.
Qwest wil bil CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Biling penod, in an
agreed upon standard electronic format. Biling information
will include a summary bill and individual End User
Customer sub-accunt information. If CLEC needs
additional or different biling information in order to properly
October 18, 2010/mmslLiberty-Bell Telecom, LLC
Attachment 2 - QLSPiI - (v8-20-10)
(AZ=CDS-1 01 013-0001); (CO=CDS-1 01 013-0002); (IA=CDS-1.Q1013-0003); (ID=CDS-1 01 013-0004); (MN=CDS-1 01 013-0005);
(MT=CDS-1 01 013-0006); (ND=CDS-1 01 013-0007); (NE=CDS-1 01 013-0008); (NM=CDS-1 01 013-0009); (OR=CDS-1 01 013-0010);
(SD=CDS-101013-0011); (UT=CDS-101013-0012); (WA=CDS-101013-0013); (W=CDS-101013-0014)
6.2 Qwest will provide general repair and maintenance Services
on its faci~ties, including those facilties supporting QLSP
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 wil cooperate with each other to implement
procedures and processes for handling service-affecting
events. There wil be no charge for the Services provided
under this Section 6, except as set forth in the Rate Sheet.
7.0 Commercial Performance Measures and. Reporting,
Performance Targets and Service Credits (including in
Washington, if Washington 7.0 is selectd by CLEC as
indicated on Signature Page).
7.1 Each Party 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 are
not subject to the Change Management Process .(CMP").
CLEC proposed changes to QLSP Service attributes and
process enhancements will be communicated through the
standard account interfaces. Change requests common to
shared systems and processes subject to CMP wil continue
to be addressed via the CMP procedures.
Qwest wil provide commercial performance measurements
and reporting against established performance targets with
QLSP Service. The following performance measurements
wil apply to QLSP Residential and QLSP Business: (a) Firm
Order Confirmations (FOCs) On Time; (b) Installation
Commitments Met; (c) Order Installation Interval; (d) Out of
Service Cleared within 24 Hours; (e) Mean Time to Restore;
and (f)Trouble Rate.
7.2
7.3 Commercial measurement definitions, methodologies,
performance targets and reporting requirements are set forth
in Attachment 3 to the Agreement. Qwest will provide CLEC
with the raw data necessary to allow CLEC to disaggregate
results at the state level. Reporting of these performance
measures wil 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
within 24 hours occurnng after January 4, 2011. All service
credits will be applied automatically by Qwest as credit
against CLEC's bil for the billng period following the one in
which the credits were accrued. Credits for Services
provided under the Agreement wil be' applied for activity
beginning the first full month after January 4, 2011. Any
6
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD, ',;
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
credits or payments related to the Services provided prior to
the first full month following January 4, 2011 and in
accordance with CMP, PID, PAP or any other wholesale
service quality standards will no longer be applied beginning
the first full month after January 4, 2011.
8.4 Eligible QLSP Services wil be included in the UNE-P PAP
results beginning the first full month following the Effective
Date of the Agreement.
8.5 Notwithstanding the dispute resolution. provisions in the
Agreement, the Parties wil resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution process described in the PAP.
7.4.1 Installation Commitments Met. For each
installation commitment that Qwest, through its own
fault, fails to meet, Qwest wil provide a service credit
equal to 100% of the nonrecurring charge for that
installation. Qwest wil use the state installation
nonrecurrng charge contained in the Agreement for
that order type in calculating the credit. The definition
of a "missed installation commitment" and the
associated exclusions are described in Attachment 3 to
the Agreement.
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Qwest, through its
own fault, fails to resolve within 24 hours, Qwest will
provide a service credit equal to one day's recurring
charge (monthly recurring charge divided by 30) for
each day out of service beyond the first 24 hours. (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEC will be entitled to a credit equal to the
monthly recurring charge divided by 30. If the out-of-
service condition existed for 48 to 71 hours, the credit
would equal two times the. monthly recurring charge
divided by 30).
8.0 Service Performance Measures and Reporting and
Performance Assurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selected by CLEC as indicated
on the Signature Page to the Agreement).
8.1 If selected by CLEC under the terms and conditions of the
Agreement and this Attachment, Qwest wil, in Washington
only, provide performance measurements, reporting, and
remedies compliant with the Washington Performance
Indicator Definitions ("PIDs") and the Qwest Washington
Performance Assurance Plan ("PAP") for the Services, if
eligible, provided under the Agreement and this Attachment.
Only in the state of Washington, and only if expressly
selected by CLEC under the terms and conditions of the
Agreement and this Attachment, 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 Attachment outlned in Section 7.0 of
this Attachment.
8.2 The PIDs and PAP for Washington in their current form are
posted in the Qwest Wholesale PCAT, currently called
Negotiations Template Agreement PCAT, under Exhibit B
and Exhibit K for Washington, respectively. Those PIDs and
that PAP are incorporated by referenced into, and made a
part of, this Attachment. Subsequent changes to the PlDs or
PAP submitted to the WUTC wil be incorporated into the
applicable exhibit as soon as they are effective either by
operation of law or WUTC order, whichever occurs first and
without further amendment to this Attachment.
8.3 To select the Service Performance Measures and Reporting
and Performance Assurance Plan (PID/PAP) option, CLEC
must be a certified CLEC uiider applicable state rules and
have elected the PID and PAP under its Washington
interconnection agreement with Qwest.
October 18, 2010/mms/Libert-Bell Telecom, LLC
Attachment 2 -.QLSP~ - (v8-20-10)
(AZ=CDS-1 01 013-0001); (CO=CDS-1 01 013-0002); (IA=CDS-1 01 013-0003); (ID=CDS-1 01 013-0004); (MN=CDS-1 01 013-0005);
(MT=CDS-1 01 013-0006); (ND=CDS-1 01 013-0007); (NE=CDS-1 01013-0008); (NM=CDS-1 01 013-0009); (OR=CDS-1 01 013-001 0);
(SD=CDS-1 01013-0011); (UT=CDS-101013-0012); (WA=CDS-101013-0013); (W=CDS-101013-0014)
7
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58;0098CCC96EOD,
ATTACHMENT 3
Performance Targets for Qwest QLSpTM Service
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
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 wh.ich 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-EDlinterfaces that receive an FOC
during the repòrting period, subject to exClusions specified below. (Acknowledgments sent
separately from an FOC(e.g., EDI 997 transactions are not included.)
. For FOC-1A, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwests response with a FOC notification (notification date and time).
. For FOC-1B, the interval measured is the period between the application date and time, as defined
herein, and Qwests response with a FOC notification (notification date and time).
. "Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC.
. "Electronic/manual" LSRs are received electronically via IMA.;GUI or IMA-EDI and involve manual
processing.
. LSRs 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: Regionallevel.
Individual CLEe . 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 = HCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR
received date/time (based on scheduled up time))" is within 20 minutes) - (Total Number of
original FOC Notifications transmitted for the service category in the reporting period)) x 100
FOC-1 B = HCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (Application
Date & Time)" is within the intervals specified for the service category involved) -(Total
Number of original FOC Notifications transmitted for the service category in the reporting
periodH x 100
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 2
DocuSign EnvelopelD: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
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 measui:e definition..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to
disallow duplicate LSR #'s.).Invalid startstop dates/times.
Product Reporting:Penormance Taraet:
FOC-1A 95% within 20 minutes
QLSP-POTS
FOC-1B 95% within standard FOC
intervals (specified below)
Standard FOC Intervals
,
Product Group NOTE 1 FOC
Interval
QLSP-POTS (1-39 lines)FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
Performance wil be measured
beginning the first full month of
QLSP service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
product tvpe are considered ICB.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 3
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
ICM-1 - Installation Commitments Met.
Purpose:
Evaluates the extent to which Qwest installs services for Customers by the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
· All inward orders (Change, New, and Transfer order types) assigned a due date by 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-1 B 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 Orderscompleted 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.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 4
DocuSign, Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
Product Reportina Penormance Taraet:.
MSA-TvDe:
QLSP-POTS QLSP-POTS (Dispatch and No DisPCltch)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 - Perfomiance Targets for Qwest QLSp™ Service
Page 5
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
011.1 . Order Installation Interval
Purpose:
Evaluates the timeliness of Qwests installation of services for CLECs, focusing on the average time to
install service.
Description:
Measures the average interval (in business days) between the application date and the completion
date for service orders accepted and implemented.
· Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additionallines 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 Qate is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date is the CLEC-initiated due date, if any, that is (a~ subsequent to
the original due date and (b) prior to a Qwest-initiated, changed due date, if any. OTE 1
· Time intervals associated with CLEC-initiated due date changes or delays occurring after the
Applicable Due Date, as applied in the formula below, are calculated by subtracting the latest
Qwest-initiated due date, if any, following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE 1
Reporting Period: One month ì Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results forproductlservices listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSA); and
011-1B No dispatches.
· Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
01l-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
-((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date
and the Applicable Date) - (Time intervals associated with CLEC-initiated.due date changes or delays
occurring after the Applicable Due Date)) - Total Number of Orders Completed in the reporting period
Explanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business days) by total number of service orders completed in the reporting period.
Exclusions:
· Orders with CLEC requested due dates greater than the current standard intervaL.
· Disconnect, From (another form of disconnect) and Record order types.
· Records involving official company services.
· Records with invalid due dates or application dates.
· Records with invalid completion dates.
· Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the measure definition.
· Orders involving individual case basis (ICB) handling based on quantities of lines or orders
deemed to be projects.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 6
DocuSig~ Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD .
Re orted As:
Avera e business da s
Zone-T e-
Penormance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No.Dispatch)
6 Days
3.5 Days
Availabilty:Notes:
1. According to this definition, the Applicable Due Date can
change, per successive GLEG-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
GLEG-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 GLEG-initiated due
date change or delay. The intervals thus calculated from each
pairing of Qwest and GLEG-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 GLEG-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 Qwest QLSp™ Service
Page 7
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
00524-1 - Out of Service Cleared within 24 Hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (Le., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified
service that is out-of-service (Le., unable to place or receive calls), subject to exclusions
specified below.
. Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
00S24-1A Dispatches (Includes within MSA and outside MSA); and
00S24-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone'-type
Disaggregation" wil be reported 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) . (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
OK (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 measurèd 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 per the measure definition.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 8
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
Product Reportina:Penormance. Taraets:
MSA-Tvoe..QLSPPOTS Dispatch and Non-Dispatch 190%
Zone-Tvoa .
Availabilty:Notes:i
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 9
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
MTTR-1 -Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusing how Ion a it takes to restore services to proper operation.
Description:
Measures the average time taken to clear trouble reports.
· Includes all trouble reports closed during the reporting penod, 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 Reprting: Regional leveL.
Individual CLEC . Results for product/services 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" wil be reported according to installations:
MTTR-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
-((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) . (Total number of
Trouble Reports closed in the reporting penod)
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 (IEC) and Customer Provided Equipment (CPE).
· Subsequent trouble reports of any trouble before the onginal 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 MT AS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
· Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
· Records involving offcial company services.
· Records with invalid trouble receipt dates.
· Records with invalid cleared or closed dates.
· Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the measure definition. .
ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 10
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD,
Product Reporting:Penormance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-TvDe -.
Availabilty:Notes:
Performance wil be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 11
DocuSign Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
TR-1 - Trouble Rate
Purpose:
Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or
element.
Description:
Measures trouble reports by product and compares them to the number of lines in service.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified
below.
. Includes all applicable trouble reports, including those that are out of service and those that are
only service-affectinQ.
Reporting Period: One month Unit of Measure: Percent
Reporting Individual CLEC Disaggregation Reporting: Regional leveL.Formula: .
((Total number of trouble reports closed in the reporting period involving the specified service
grouping) . (Total number of the specified services that are in service in the reporting period)) x 100
Exclusions:
. Trouble reports coded as follows:
. For products measured from MTAS data (products listed for MSA-type, trouble reports coded
to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network
Intenace; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
. For products measured from WFA (Workforce Administration) data (products listed for Zone-
type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type".
. For products measured from 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 offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missinQ data essential to the calculation of the measurement per the measure definition.
.
ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 12
DocuSigp Envelope ID: F64708A6-0BAD-4E4B-8F58-0098CCC96EOD
Product Reporting:Performance Target:
.
MSAType:.QLSP-POTS Diagnostic
Zone Tvpe:..
Availabilty:Notes:
Performance wil be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service Page 13
DoeuSign I!nvlo ID: F64708ABAD-E4B-F5898CCC96EOD
Qwest Local Services Platform™ (QLSpTM) Rate Page . Idaho
Janua 4 2011 throu h Term"
109.8 Shared TranSñrt Purchased As Part of QLSP'"
109.8.1 QLSP" Residential. Business. and PAL in IOOS Per MOU ~0.0011100
109.8.2 QLSP" Centrex. ISDN BRI PAL in ID-N and PBX Anala Trunks Per line/trunk)UGUST ~0.35
109.11 Local Switchln~ Purchased As Part of QLSP"
109.11.1 Port Basic Plan
109.11,1.1 Analon Port $6.21
109.11.1.2 Residential end user creit LAWUR $3.07 1
109.11.1.3 Effecive QLSP" Residenllal Analoa Port $3.14 1
105.11.1.4 D1nilal Port Sunnrlnn BRI ISDN $17.40
105.11..5 PBX DID Port $7.30
109.11.2 Intentlonall Blank
109.11.3 Port If 90% YOY Volume Retention Plan Reoulrements Ar Met,109.11.3.1 Analnn Port $5.59
105.11.3.2 Analon Port, Residential end user crdit LAWUR $2.51 1
109.11.3.3 Effecive QLSP" Residenllal Analoa Port $3.08 1
.105.11.3.4 Diiiilal Port Suortino BRIISDN $17.40
109.11.3.5 PBX DID Port "7.30
109.11.Intentlonallv Blank
109.11.5 Port If 115% YOY Volume Growt Plan R uirements Ar Met
109.11.5.1 An_loa Port $4.35
109.11.5.2 Anäfoo Port, Residential end user credit LAWUR $1.40 .1
109.11.5.3 Effeciva QLSP" Residentil Analoa Port $2.95 1
109.11.5.4 D1nltl Port ISunnortinn BRIISDN $17.4
105.11.5.5 PBX DID Port $7.30
109.11.6 Intentlonallu Blank
109.11.7 Local Switch Usane
109.11.7.1 QLspm Residential, Business, and PAL In IO-S Per MOUl SO.001343
109.11.7.2 QLSP" Centrex. ISDN BRI PAL In lOoN and PBX Analo Trunks Per LinalTrunk UGUFM $1.13
109.11.8 Switch Features 2
105.11.8.1 Account Codes M ner S\lclem AZ8PS $75.00
109.11.8.2 Attndant Accss Une ner Station Line DZR $10.00
109.11.8.3 Audible Mess~e Warnnn MGN.MWW $12.00
109.11.8.4 Authorization Codes,- nAr Svstem AFYPS $85.00109.11.8.5 ~PB S8.00
109.11.8.6 te Selection. Common Eauloment, oer SYstem S2200.00
109.11.8.7 r0 Y $5.00
105.11.8.8 caii Exclusion - Automatic DN $5.00
105.11.8.9 Call Exclusion M Manual NA-FID $5.00
IDSN)
109.11.8.10 Call FõrwrdioiBusvLine - Incomlna Onlv 69B1X $5.00
109.11.8.11 Call ForwrdiirDon~ Answer Incmlno Onl 69A $5.00
109.11.8.12 Call Forwrdinii:' Busu Line / Don't Answer Pro~rammable Service Establishment.SEPFA S50.00
109.11.8.13 call Forwrdin;;:- Don't Answer I Call Foiwardino Busv Customer Proarammable, oar Line FSW S10.00
109.11.8.14 caii WaltiV-lndication - nerTimino State WUT $25.00
109.11.8.15 centrex Cornman Enulnment HYS $160.00
109.11.8.16 CLS "Eccurrnce C $0.46
109.11.8.17 CLASS- ial $10.00
109.11.8.18 CLASS - Return NSQ $10.00
109.11.8.19 CLASS - Prioriailnn NSK $10.00
109.11.8.20 CLASS - Selective Call Forwrdlno NCE $10.00
109.11.8.21 CLSS - Selective Call Rejection FKQPN. NSY $10.00
109.11.8.22 Direct Station Selection / BuSVamo Field, Der Arrngement BUD $8.00
105.11.8.23 Directed Call PickUD wit Barain 6MD $5.00
109.11.8.24 Directed Call Pickunwitout Bame-in 690 $5.00
109.11.8.25 Distinctive R1nnlDlstinctve Call Waitna RNN $5.00
109.11.8.26 Exnenslve Route Waminn Tone. oer Svstem AQWPS $90.00
109.11.8.27 Groun Intercm GCN $8.00
109.11.8.28 Hot line, per Line HLN. HLA $8.00
109.11.8.29 Huntrnn: Multnositon Hunt Queuina MH5 $5.00
109.11.8.30 Huntinn; Multinosltlon with Annoncement in Queue MHW $5.00
109.11.8.31 Huntinn: Multinositlon with Music In Queue MOHPS $100.00
109.11.8.32 ISDN Short Hunt NHGPG.$10.00
NHGPN
109.11.8.33 Loudsneaker Pa Inn n8r Trunk Grouo PTQPG ICB
109.11.8.34 Make Busv Arran ements, ner GrouD A9AEX.P89 $20.00
109.11.8.35 Make Busv Arran aments, ner Line MB1 S10.00
109.11.8.36 Messana center,nef Main Station Line MFR $8.00
109.11.8.37 Messana Wait!n Visual MV5 ICB
109.11.8.38 Music On Hold.erSwitem MHHPS $75.00
109.11.8.39 Privacv Release K7KPK $5.00
109.11.8.40 QuervTime QT1PK $5.00
109.11.8.41 SMDR-P - Archived Data SR7CX $300,00
109.11.8.2 SMDR-P- Serice Establishment Charge, Initial Installation SEPSP.$165.00
SEPSR
109.11.8.43 Station Camn-On Service~r Main Station CPK $8.00
109.11.8.44 TIme of Dav Control for ARS.Der SYStem ATBPS $125.00
109.11.8.45 Time of D¡¡vNCOS Ü-iidale A4T $1.00
109.11.8.46 Time óf Dav Routina-:-oer Line ATB $1.00
109.11.8.47 Trunk Verifiction from Oes¡O-nated Statión BVS 100.00
109.11.8.48 UCO in Hunt Grolir Line MHM $6.00
109.11.8.49 Premium Port Features- Additional Charae $2.08109.11.8.49.1 CMS -~ Inftiallnstaiiation MB5XX $1000.00
109.11.8.49.2 CMS - Suste Subsequent Installation CPVWO $500.00
109.11.8.49.3 CMS - 01 CaDablltv. oar System PTGPS $1500.00
109.11.8.49.4 Conference Callng - Meet Me MJJPK $5.00
Qwst Local Services Platform 1M Agreement QLSp™ Rate Sheet-V1.2.3 04.11.08
DoSign Enlo 10; F6470BA4B-F58CC9EOD
Qwest Local Servces Platform™ (QLSpTM) Rate Page . Idaho
109.11.8.49.5 Conference CaIJi. Preset M09PK $5.00
109.11.8.49.6 Conference Caij¡;, - Statin Diel 6-Wav\GVT $5.00
109.11.9 Other
109.11.9.1 Custom Number
109.11.9.1.1 Idaho Nort See Applicable Owest Retail 6
Tariff, Catalo or Pnce List less
Discount (which wil be
provided pursuant to terms and
conditions In CLEC's ICA).
109.11.9.1.2 Idaho South See Applicable Owest Retail 6
Tanf, Catalo or Price List less
Discnt (whic wil be
provided pursuant to terms and
conditions In CLEC's ICA).
109.11.9.2 PBX DID Conle Trensatis D;"it Oulnuls Chenoa Sianallnn $15.22
109.11.9.3 PBX DID Comnle Translations Sinnalinn Channe $35.52
109.11.9.4 PBX DID Block Comnromls $25.53
109.11.9.5 PBX DID Groun of 20 Numbers $31.36
109.11.9.6 PBX DID Reserve Senuential # Block $25.38
109.11.9.7 PBX 010 Reserve Nonseouentlal Telenhone Numbers $23.67
109.11.9.8 PBX DID Nonsenuential Telenhone Numbers $33.18
109.11.10 Subseauent Order ChamA NHCUU $12.17 4
109.11.11 Owest Camaratlan OC InlrLATA Tall LPIC 5123
109.11.11.1 Idaho Narth See Applicable Owst Retil 6
Tanf, Catalo or Pnee USL less
Oiscount (which will be
provided pursuant to terms and
conditions in CLEC's ICA).
109.11.11.2 Idaho South See Applicable Owst Retail 6
Tanf, Catalo or Pnee Uslless
Discunt (which ¡viII be
provided pursuant to terms and
conditins in CLEC's ICA).
109.20 Miscellaneous Charges 5
109:20.1 Deslan . Nart
109.20.1.1 Maintenance of Service
109.20.1.1.Basic
109.20.1.1.1.1 Firs Incrment MVWXX -
109.20.1..1.2 Each Additional Increment MVW1X -
109.20.1.1.2 Overtme
109.20.1.1.2.1 Firt Incrment MVWOX ..
109.20.1.1.2.2 Each Additiol Incrment MVWZX -
109.20.1.1.3 Premium
109.20.1.1.3.1. Firstlncrment MVPX -
109.20.1.1.3.2 Each Addllional Incrment MVW3X -
109.20.1.2 ~'~109.20.1.2.1 dditionallncrment OTNSX ..
109.20.1.2.2 ddllional Incrment OTNOX ..
109.20.1.2.3 ddllional Increment OTNPX -
109.20.1.3 DlsDatch (Additional OlsDalc . No trouble found!'1T6OC -
109.20.1,4 DisDatch for Mainteance of Seiv - No Trouble Found VT60M ..
109.20.2 Deslnn and Non.Delon . North
109.20.2.1 Tnn Chame . Premises Visit Chame SCO -
109.20.2.2 Premis Work Chame
109.20.2.2.1 Basic
109.20.2.2.1.1 First Incrment HRD11 ..
109.20.2.2.1.2 Each Additional Increment HRDA1 ..
109.20.2.2.2 Overtme
109.20.2.2.2.1 First Incrment HRD12 ..
109.20.2.2.2.2 Each Additional Increment .HRDA2 ..
109.20.2.2.3 Premium
109.20.2.2.3.1 First Incrment HRD13 -
109.20.2.2.3.2 Each Additional Increment HRDA3 ..
109.20.2.3 Networ Premises 'Work Charne
109.20.2.3.1 Basic. Firs Incrment HRR11 -
109.20.2.3.2 Basic, Each.Additinal Incrment HRRA1 -
108.20.2.3.3 Overtime First Incrment HRR12 ..
109.20.2.3,4 Overtime, Each Addffonallncrement HRRA ..
109.20.2.3.5 Premium, Firs Increment HRR13 -
109.20.2.3.6 Premium, Each Additonal Incrment HRRA3 -
109.20.2,4 DateChanoe VT6DC ..
Desion Chanoa H28 ..
ExDedite Chame Per day advanced EODDS -
Cancellation Charae No USOC ICB
109.20.3 Non-Des ion . South
109.20.3.1 Network Premises Work Charae
109.20.3.1. i All Hours,1st 15 minutes HRH11 -
Qwest Local Services Platform TM Agreement OLSp™ Rate Sheet-V1..3 04.11.08 2
DoSign Envee 10: F6708A6-0BAD-E4B-F58..98CCCEOO
Qwest Local Services Platfo™ (QLSpTM) Rate Page . IdahoJ 201 .anua 4,1 throu hTerm
109.20.3.1.2 AN Hours next three 15 minutes .HRHA1 ..
109.20.3.1.3 All Hours ea addtl 15 minutes HRDA1 -
109.20.4 Desjan . South .
109.20.4.1 Maintenance of Service .
109.20.41.1 Basic
109.20.4.1.1:First Increment MVWXX ..
109.20.4.1.1.2 Each Additinal Incrment MVW1X ..
109.20.4.1.2 Overtime
109.20.4.1.2.1 First Increment MVWOX ..
109.20.4.1.2.2 Each Additional Increment MVZX -
109.20.4.1.3.1 Premium
109.20.4.1.3.1 Firs Increment MVWPX -
109.20.4.1.3.2 Each Additional Incrment MVW3X ..
109.20.4.2 Ontinal TesUn" 'Additinal Labor
1 09.20.4.2.1 Basic First and Each A ditinallncrement OTNBX ..
109.20.4.2.2 Overtme First and Each Additonal Increment OTNOX .,
109.20..2.3 Premium Firs and Each Additional Increment OTNPX ..
109.20.43 Dls=tch Additonal Disnetch - No truble found!VT6DC -
109.20.4.4 Disnatch for Maintenance of Servce - No Trouble Found VT6DM -
109.20.4.5 Network Premises Wor Cha e
109.20..5.1 Basic
109.20.2.5.1.First Incrment HRH11 ..
109.20.2.5.1.2 Each Additional Increment HRHA1 ..
109.20.4.5.2 Overtime
109.20.2.5.2.1 First Increment HRH12 ..
109.20.2.5.2.2 Each Additlonellncrment HRHA ..
109.20.4.5.3 Premium
109.20.2.5.3.1 Firs Incement HRH13 ..
109.20.2.5.3.2 Each Additional Incrent HRHA3 ..
109.20.5 Deslnn and Non-Deslnn . South
109.20.5.1 Trin Chame . Premises Visit Charce NRTCY ..
109.20.5.2 Premiss Work ChamA
109.20.5.2.1 Basic
109.20.5.2.1.1 First Increment ,HRD11 -
109.20.5.2.1.2 Each Additional Increment HRDA1 ..
.
109.20.5.2.2 Overtime
109.20.5:2.2.1 Fir Increment HRD12 ..
109.20.5.2.2.2 Each Addliional Incrment HRDA2 ..
109.20.5.2.3 Premium
109.20.5.2.3.1 First Incrment HRD13 -
109.20.5.2.3.2 Each AddH:ionallncrement HRDA3 -
109.20.5.3 oateChanne VT6DC -
109.20.5.4 -H28 -
109.20.5.5 E e Per day advanced EODDB ..
109.20.5.6 Ca n Charn NoUSOC ICB
109.23 QLSP" Inslallation and Convrsion Nonrecurrlno Chames fNRCs) .
109.23.1 Conversion Nonrecurrln-; Cha~s
109.23.1.1 QLSP" Business Centrx PAL and PBX Analoo non-DID Trunks Rosklantal
109.23.1.1.1 Arst Line 'Mecanlzedl URCCU 5150
109.23.1.1.2 Each Additional Line (Mechanizedl URCCY .$0.50
109.23.1.1.3 First Line 'Manual URCCV $15.00
109.23.1.1.4 Each Additonal Line (Manual URCCZ $3.00
109.23.1.2 QLSP" PBX DID Trunks
109.23.1.2.1 First Trunk URCCD $28.84
109.23.1.2.2 Each Additional $2.73
109.23.1.3' QLSP" ISDN BRI
109.23.1.3.1 First URCCU $30.86
109.23.1.3.2 Each Addllional $2.73
109.23.2 Installation Nonrecurrlno Chamas
109.23.2.1 QLSP" Busines Centrx PAL and PBX Analoa non-DID Trunks Residential
109.23.2.1.1 First LinelMechanized)NHCRA $50.00
109.23.2.1.2 Each Additional Line Mechanized)NHCRC $16.00
109.23.2.1.3 First Line Manual)NHCRB $75.00
109.23.2.1.4 Each Addliional Line Manual)NHCRD $20.00.
109.23.2.2 QLSP" AnalonDlD PBX Trunks $15.21
109.23.2.3 QLSP" ISDN-BRI $27296
109.23.3 Qwst AlN Features
109.23.3.1 Idaho Norih See Applicable Owest Retail 6
Tari, Catalog or Price List less
Discount (which wil be
provided pursuant to tennsand
conditions In CLEC's ICA)."
Qwest Local Seivices Platform TM Agreement QLSp™ Rate Sheet-V1.2.3 04.11.08
DoSign Envelo 10: F6706-BAD-4B-58CC96EOO
109.23.3.2 Idaho South See Applicable Qwest Retail
Tari. Catalog or Price List less
Discunt (which will be
proded pursuant to term and
conditns in CLEC's ICA).
109.23.4 Qwest Voice Messa. in Services
109123.4.1 Idaho North
109.23.4.2 Idaho South
112 o eratlonal Su ort S stems
112.1 Develoments and EnhanCements er Local Seiv Ruest112.2 On oj 0 erallons r Local Serce R ues
112.3 Daily Usage Records File. pe Record
See Applicable Owest Ratail
Tari, Catalog or Plice List less
Discount (which will be
provided pursuant to terms and
conditions In CLEC's ICA).
See Applicable Owest Retail
Tari, Catalog or Price List less
Discount (which will be
provided pursuant to term and
condlllons In CLEC's ICA).
All charges and increments
equal the comparable chargesand incrments provied in th
Owest Wholesale PCAT.
6
Ii
See Applicable Qwt Retail Tariff, Catalog or Price List for all charges and Increments.
Universal Service Order Codes (USOCs) have been provided in an effort to ease item desriptin and USOC assoction wi charges. In the event usoes are Inaccurate
or are revised, Qwest reservs the right to corrct the Rate Sheet. In the event of any slgnifnt chnge(s), notication will be proided via the standard notifcation process.
QLSpTM Business .and Residential services utilze the same Class of Servic and Iiné Universl Service Order coes (USOCs). QLSpTM Residentil servces will be billed at
the Analog Port rate and only those lines that specifcally qualify for and are identified as servng a residential end-ser customer by the presence of the LAWUR USOC will
receive the Residential end user credit.
QLSpTM service Includes nondiscrminatory accss to all verticl swi feature that are loade In Owst's End Ofce Swich. see thé PCAT for all compatible and available
vertcal swtch features. Only verticl swch feature with No-Recrr, Recrrng, or Per Occrrnc charges are list. Nonecuning chrges are applicable whenever a
feature is added - whether on new installation, conversion, or change order ac. Those verticl sw feature no lis have a rate of SOfor MonUiIy Recurring, Non-
Recuning, or Per Occrrence charges.
Reserd for future use.
The Subsequent Order Charge Is applicable on a per order bais when chanes are reueste to exg servce, Incdlng chnging a telephone number, initiating or
removing Suspension or Service, denying or restoring servce, addin, removing, or changin feature, and other similar reuests.
QLSpTM ISDN BRI and PBX are "Design". Remaining QLspm servs are "Non-Deign". AU charg~ and increments shall be the same as tle comparable charges and
increments provied in Qwest Retail Tari, Catalogs, or Price Lists and are subject to change based on change in those underlying Owt Retail Tariffs, Catalogs, or Price
Lists. In the event a rate changes, notificatin will be provied vi the standard notication process.
Where the service has been deemed to be a Telecommunications Service, the Discount wil be provided puruant to CLEC's ICA. Where the service is not a
Telecommunications Service. the discount will be. 18%.
Owest Locl services Platform™ Agreement QLSp™ Rate Sheet-V1.2.3 04.11.06