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HomeMy WebLinkAbout20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7th Avenue, Room 1506 Seattle, Washington 9819 1 (206) 73&5178 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law January 17,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 !i-'- t ii1 sITd Trrv CenturyLink' Via Overnight delivery Quae-T- poa Re: CenturyLink Local Services Platform ("CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your office on January 16,2014, enclosed are the signature pages for all of the CLSPs which have been extended. For your convenience, we are also enclosing a matrix listing the CLSPs and the docket numbers associated with the original agreements. Please contact have any questions concerning the enclosed. Thank you. Sincerely, Maura E. Pete MEP/jga Enclosure EXTENSION AMENDMENT TO CENTURYLINKTM LOCAL SERVICES PLATFORM ("CLSP'U"; AGREEMENT This amendment ('Amendment"), by and between Qrrest Corporation dba CenturyLink QG ("GenturyLink"), .a Colorado corporation, and illCtmetro Access Transmission Services LLb ("CLEC"), amends ine CenturyLinkil Local Services Platform ("CLSRru1 Agreement (formerly known as'Qwest Local Services Platformru ("QLSetu'1 Agreement") between the Parties. WHEREAS, the Parties entered into a Qwest Local Services Platform ("QLSer"'; Agreement (now referred to as a CenturyLinkil Local Services Platform ("CLSP rr"; Agreement), (the'Agreement"); and WHEREAS, the terms "CenturyLink' and 'CLSP" in this Amendment shall be used in place ol and interchangeably with' the terms "Qwest'and 'QLSP', respectively, in the Agreement and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein' NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipl and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section ? of the Aqreement will be reolaced in its entiretv as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aqreementwill be replaced in iE entiretv as follows: 3. Term. The term of this Agreement begins on the Effective Date and continues through December 31, 2016. Upon expiration, this Agreement will continue on a month-io-month basis until it is terminated by either Party, with at least ninety (90) Days prior written notice, pursuant to Section 22 of the Agreement, or replaced by a successor agreement. Atlachment 2 - Seruice Description - of the Aqreement ls herebv amended as follows: 1. Section 1 of Attachment 2 will have the following added: 1.6.7 Should CenturyLink cease offering a service to its End User Customers that is also available under this Agreement, upon thirty (30) Days prior written noticelo CLEC, CenturyLink will also cease offering the service to CLEC. Notwithstanding the foregoing, benluryLink will not effect a discontinuation of any service pursuant to this Section 1'6'7 in such manner that CLEC may-not reaionably comply with Applicable Law conceming End User Customer discontinuation of service, disconnection and notificatibn, provided that, tne foregoing is subject to CLEC's reasonable diligence in effecting such compliance. . Section 3.2.4 of Attachment 2 is replaced with the following: 3.2.4 115o/oYOY Volume Growth Plan: lf the number of CLEC's total CLSP lines as of Oclober 31 of each year equals or exceeds 11Oo/o of the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,000) CLSP lines, CLEC will qualiff for a 30% discount off the Business Port MRCs and a 60/o discount off the Residential Port MRCs applicable during the next calendar year. 3. Section 7 of Attachment 2 will have the following changes: 7.O Commercial Performance and Service Credits. 7.2 Removed in its entirety. 7.3 Removed in its entirety. 4. Section I of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer theWashington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. Decemberl0, 20131kjc/CLSP 2014 Extension Amendment to CLSPTM AgreemenUMClmetro Access AZ-CDS-101021-OOti6;CO-CDS-IOlO21-0087;|A-CDS-101021-0088;ID-CDS-10',1021-0089;MN-CDS-101021-0090 MT-CDS-101021-0091;ND-CDS-IOlO21-0092;NE-CDS-1010214093;NM-CDS-10102'l-0094;OR-CDS-10'1021-0095; SD-CDS-101021-0096; UT-CDS-101021-0097; WA-CDS-101021-0098; WY-CDS-101021-0099 Page 1 ol 2 CenturyLlnkil Locat Serylces Platform (CLSPIM) Rate Page - AZ,CO,IA lD, MT, ND, NE, NM, OR, SD, UT, WA, WY January 1, 2014 through Term L I | 10S.23.2.1 ICLSP* Buslne3r, CentIer, PAL, .nd PBX Analog nonolD Trunk!, Resldontlal I I I I Il l $25.ool I CenturyLlnkil Local Serulcee Platform (CLSPil) Rate Page - Mlnnesota January 1,2014 through Term r09.11.2 ,o.tt, ll E{r?t YOY Volume Rsteftlon Plan R.Aulremenb Are llet ros.'t 1.2.1 \neloo Po.t N/' 109.11.22 ,g Port, ResE€rilial erd lJs6r crsdtr .AWUR N'I r09.1 1.2.3 ifrectve CLSPil ResH€ntial Aneloo Port N/' 109.11.2.1 tel Port (Support|m BRI ISDN)N'I r09.11.2.5 PBX DID Pat N,, r09.z}2 mtdletlon ilonrecunlm Chrrqea 109.8.2.1 CLSPil Eu3lneat, Centtrx, PAI- rnd PBX Analog non-DlD Trunka, Re3lden0sl '109.73.2.1 .1 lFftst Lh6 (lrilechantsod)\IHCRA $25.0C DocuSign Envelope lD: BBC767DS-1 S91-4649-9588-SAMI EE26FE7 EXTENSION AMENDMENT TO CENTURYLINKn LOCAL SERVTCES PLATFORM ("CLSP'*"1 AGREEMENT Further Amendments Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force and effect. The provisions of this Amendment, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures frornthe provisions of this Amendment may not be given without the written consent thereto by both of the Parties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Entire Aoreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter of the Agreement, as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. Corporation dba GenturyLink QG: By:By: Name: L. T. Christensen Name:Ron Keeney Title: Director - Wholesale Contracts Tifle:presi dent LL/27 /20L3 LL/26/20L3 Date: October 31, 2013/mms/Group S|x/CLSP 2014 Extension Amendment to CLSPil Agreement (AZ-CDS-1 01 004-0003); (tD-cDs-1 o1 oo4-0004); (oR-cDS-1 o1 004-0005); (wA-cDs-1 o1 004-0006) Page 2 of 2