20110825Application.pdf

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CENTURYLINK
1600 7th Avenue. Room 1506
Seattle. Washington 98191
[phone]Facsimile [phone]
RECEIV
2011 AUG 25 AM 10: 01 ~~,¿: C L- k~~ entury in ™
Maura E. Peterson
Paralegal
Regulatory Law ORIGINAL
Via Overnight delivery
August 24,2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. G\Ale ~ 7 - 11--071
Application for Approval of Interconnection Agreement
Wholesale Carrier Services, Inc.
Dear Ms. Jewell:
Enclosed for filing is an original and three copies of the Application for Approval of an
Interconnection Agreement between Qwest Corporation and Wholesale Carrer Services, Inc.
Qwest respectfully requests that this matter be placed on the Commission Decision Meeting
Agenda for expedited approval.
Please contact me if you
assistance in this m r.
e any questions concerning the enclosed. Thank you for your
\~..;!:rWjh
~~~ Petersn 6A.
mep
cc: Service list
ww.centurylink.com
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Lisa A Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Lisa.anderl0)centurylink.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
~WB-T-II-O~APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
THE INTERCONNECTION
AGREEMENT FOR THE STATE OF
IDAHO PURSUANT TO 47 U.S.C. §252(e)
CASE NO.:
APPLICATION FOR APPROVAL OF
INTERCONNECTION
Qwest Corporation ("Qwest") hereby files this Application for Approval of
Interconnection Agreement ("Agreement"). The Agreement with Wholesale Carer Services,
Inc. ("Wholesale Carer Services") is submitted herewith.
This Agreement 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 agreement
reached through voluntary negotiations only if the Commission finds that: the agreement (or
portiones) thereof) discriminates against a telecommunications carer not a pary to this
agreement; or the implementation of such an agreement (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits that this Agreement provides no basis for either of these
findings, and, therefore requests that the Commission approve this Agreement expeditiously.
This Agreement is consistent with the public interest as identified in the pro-competitive policies
of the State of Idaho, the Commssion, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Agreement wil enable Wholesale
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT-
WHOLESALE CARRIER SERVICES, INC.
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Carrier Services, Inc. to interconnect with Qwest facilities and to provide customers with
increased choices among local telecommunications services.
Qwest further requests that the Commission approve this Agreement without a hearng.
Because this Agreement was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the gublic interest.. .. t,
Respectfully submitted this ;.tf day of August, 20
CENTURY
v(At
Lisa A. And
Attorney for CenturyLink
APPLICATION FOR APPRO V AL OF INTERCONNCTION AGREEMENT -
WHOLESALE CARRIER SERVICES, INC.
. CERTIFICATE OF SERVICE
~~l/
I hereby certify that on thiS~ day of August, 2011, I served the foregoing
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all
parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jjewell0)puc.state.id.us
Hand Deli very
U. S. Mail
_X_ Overnight Delivery
Facsimile
Email
Legal and Regulatory
Wholesale Carrer Services, Inc.
5471 N. University Drive
Coral Springs, FL 33067
\
Hand Delivery
-l u. S. Mail
Overnight Del'
Facs'E il
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APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
WHOLESALE CARRIER SERVICES, INC,
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_ OOGuSign Envelope 10: 909F8FCO-A14A-40EC~BE9E-380E7305439B
.QWEST LOCAL SERVICES PLATFORM TM AGREEMENT
This OwestLocal Services Platform TM ("OLSpTM") Agreement, together with the Attachments hereto and Rate Sheets,
incorporated herein by reference ("Agreement') is between Qwest Corporation ("Qwest"), a Colorado corporation, and
Wholesale Carrier Services, Inc. ("CLEC"), a Florida corporation, (each identified for purposes of this Agreement in the
signature blocks below, and referred to separately as a "Part" or collectively as the "Parties"), The undersigned Parties have
read and agree to the terms and conditions set forth in this Agreement.
Qwest Corporation:
~06E9FC6BD57454..~=-.lr~_
By: DDouSiftned "" L T Chrstnsen
Wholesale Carrier Services, Inc.:
r;~~.a_
By: L::92F2CF2425 .
Name:
Title:
Date:
L. T. Christensen
Director - Wholesale Contracts
7/26/2011
Name:
Title:
Date:
Chris S. Barton
President and CEO
7/25/2011
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director. Interconnection Agreements
930 15th Street, 6th Floor
Qenver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagree(âgwest.com
.CLEC:
Chris S. Barton
President and CEO
Wholesale Carrier Services, Inc.
5471 N. University Drive
Coral Springs, FL 33067
Phone: [phone]
Email: cbarton(âwcs.com
With CODY to:
Owest Law Department
Wholesale Interconnection
1801 California Street, 9th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnection(âgwest.com
With copy to:
Legal & Regulatory
Wholesale Carrier Services, Inc,
5471 N. University Drive
Coral Springs, FL 33067
Phone: [phone]
Email: jmorris(âwcs.com
Arizona
ColoradoX Idaho
.. Iowa
Minnesota
.. Montana
Nebraska
.. New Mexico
.. North Dakota
Oregon
.. South Dakota
.. Utah
July 25, 2011/mmsIholesale Carrer Services, Inc,
Qwest QLSpTM MSA - (v5-6-11)
(IA=COS-110722-0006); (MT=COS-11 0722-0007); (ND=COS-11 0722-0008); (NM=COS-11 0722-0009);
(ID=COS-110722-0010); (SD=CDS-110722-0011); (UT=CDS-110722-0012); (W=CDS-110722.0013)
APPLICABLE STATES:
Owest 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.
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Washington 7,0 (with Commercial Performance
Measures and Reporting, Performance Targets and
Service Credits, as described in Section 7.0 of
Attchment 2 to this Agreement); or
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 Attchment 2 to this Agreement).
.. Wyoming
Page 1 of11
DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
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.WHEREAS, CLEC desires to purchase from Qwest certain 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:
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
July 25, 2011/mmslholesale Carrier Services, Inc,
Qwest QLSpTM MSA - (v5-6-11)
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-11 0722-0008); (NM=CDS-11 0722-0009);
(ID=CDS-110722-0010); (SD=CDS-110722-0011); (UT=CDS-110722-0012); (W=CDS-110722-D013)
1. Definitions, Capitalized terms used herein are defined in
Attchment 1,
2. Effctive Date, This Agreement is effectve upon the
date that it is fully executed by all of the Parties and the applicable
preorder information of the Intercnnection Agreement(s) betwn the
Parties is completed in the appropnate state(s) indicated above
("Effective Date"),
3. Term, The term of this Agreement begins on the
Effecive Date and continues through December 31, 2013, In the
event that at the expiration of this Agreement CLEC has any remaining
Customers served under this Agreement, Qwest may immediately
convert CLEC to an equivalent altemative service at market-based
wholesale rates,
4. Scope of Agreement; Service Provisioning; Controllng
Documents; Change of Law; Eligibilty for Services under this
Agreement; Non-Applicability of Change Management Process,
4,1 The Services ("Service") descnbed in this Agreement wil
only be provided in Qwests incumbent LEC service terrtory in the
states of Arizona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington and Wyoming.
4,2 In the event of a conflict in any term of any documents that
govern the provision of Services hereunder, the following order of
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 conceming the proper interpretation or effect of the Existing
Rules or concerning whether the Existing Rules should be changed,
vacated, dismissed, stayed or modified,
4.4 If any change in Applicable Law matenally impairs a Party'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,
damages and remedies. Except as otherwise provided, CLEC hereby
waives any nghts 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 process enhancements wil be communicated through the
standard accunt interfaces. Change requests common to shared
systems and processes subject to CMP wil continue to be addressed
via the CMP procedures.
5. CLEC Information, CLEC agrees to work with Qwest 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's failure to promptly
complete or update the questionnaire.
6.Financial Terms.
6,1 The description of the Servce 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 Governmental Impositions.
All charges for Services provided herein are exclusive of any federal,
state, or local sales, use, excise, gross receipts, transaction or similar
taxes, fees or surcharges ("Tax" or "Taxes"). Taxes resulting from the
performance of this Agreement shall be borne by the Part upon which
the obligation for payment is imposed under Applicable Law, even if .
the obligation to collect and remit such Taxes is placed upon the other
Part, However, where the sellng Part is specifically permitted by
Applicable Law to collect such Taxes from the purchasing Party, such
Taxes shall be bome by the Part purchasing the services, Taxes
shall be biled as a separate item on the invoice in accordance with
Applicable Law, The Part billng such Taxes shall, at the wntten
request of the Part being biled, provide the biled Part with detailed
information regarding biled Taxes, including the applicable Tax
junsdiction, rate, and base upon which the Tax is applied, If either
Part (the Contesting Part) contests the application of any Tax
collected by the other Part (the Collecting Part), the Collecting Part
shall reasonably cooperate in good faith with the Contesting Parts
challenge, provided that the Contesting Part pays all reasonable costs
incurred by the Collecting Part, The Contesting Part is entitled to the
benefit of any refund or recovery resulting from the contest, provided
that the Contesting Part has paid the Tax contested, If the
purchasing Part provides the sellng Part with a resale or other
exemption certificate, the sellng Part shall exempt the purchasing
Part if the sellng Part accepts the certificae in good faith, If a Part
becomes aware that any Tax is incorrectly or errneously collected by
that Part from the other Part or paid by the other Party to that Part,
the Part that received such Tax shall refund the incorrectly or
erroneously collected Tax or paid Tax to the other Part.
6,3 Each Part is solely responsible for any ta on its corprate
existence, status or income and each Part shall be solely responsible
for all taes on its own business, the measure of which is its own net
income or net worth and shall be responsible for any related tax filings,
payment, protest, audit and litigation, Each Part shall be solelyresponsible for the billng, collection and proper remittance of all
applicable Taxes relating to its own services provided to its own
Customers,
7.Intellectual Propert,.Page 2 of 11
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, DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
.7,1 Except for a license to use any facilties or equipment
(including softare) solely for the purposes of this Agrement or toreceive Service solely as provided in this Agreement or as specifcally
required by the then-applicable federal rules and regulations relating to
Services provided under this Agreement, nothing contained in this
Agreement shall be construed as the grant of a license, either express
or implied, with respect to any patent, copyright, trade name,
trademark, service mark, trade secret, or other proprietary interest or
intellectual propert, now or hereaftr owned, controlled or licensable
by either Part, Neither Part may use any patent, copyright, trade
name, trademark, service mark, trade secret, nor other proprietary
interest or intellectual propert, now or hereafter owned, controlled or
licensable by either Part without execution of a separate written
agreement between the Parties,
7,2 Subject to the general Indemnity provisions of this
Agreement, each Part (an Indemnifying Part) shall indemnify and
hold the other Part (an Indemnified Part) harmless from and against
any loss, cost, expense or liabilty arising out of a claim that the
services provided by the Indemnifying Part provided or used pursuant
to the terms of this Agreement misappropriate or otherwse violate the
intellectual propert rights of any third party, The obligation for
indemnifcation recited in this paragraph shall not extend to
infringement which results from:
A. any combination of the facilities or services of the
Indemnifying Part with facilities or services of any other Person
(including the Indemnified Part but excluding the IndemnifyingPart and any of its Affliates), which combination is not made by
or at the direction of the Indemnifying Part or is not reasonably
necessary to CLEC's use of the Services offered by Qwest under
this Agreement; or.B, any modification made to the facilties or services of the
Indemnifying Part by, on behalf of, or at the request of the
Indemnified Part and not required by the Indemnifyng Part,
7,3 In the event of any claim, the Indemnifying Part may, at its
sole option, obtain the right for the Indemnified Part to continue to use
any infrnging facilty or service or replace or modify any infringing
facilty or service to make such facility or service non-infringing,
7.4 If the Indemnifying Part 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 Indemnifing Part
reasonably believes that the facilty or service wil be held to infringe,
the Indemnifing Part wil notify the Indemnified Party and the Partes
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 Part may request that the Indemnified
Part take steps to mitigate damages resulting fro the infringement or
alleged infringement including, but not limited to, accpting
modifications to the facilties or services, and such request shall not be
unreasonably denied,
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 propert
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
effort to obtain such rights, but has been unsuccesful in obtining
such rights, Nothing in this subsection shall be construed in any way
to condition, limit, or alter a Parts indemnification obligations under
Section 7.2, preceding,
7,7. Neither Part shall without the express written permission of the
other Part, state or imply that it is connected, or in any way affliated
with the other or its Affliates; it is part of a joint busines association or
any similar arrangement with the other or its Affliates; the other Part
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 Part or
any of it Affliates, In addition, CLEC, including its employees,
representatives and agents, wil not state or otherwise indicate, directy
or indirectly, to its end-users or prospective end-users: (a) that they will
be Qwest customers or that they may obtain Qwest service frm CLEC
or (b) that CLEC has or the end-user wil have any relationship with
Qwest. Without limiting the foregoing, CLEC must not use a name,
trademark, service mark, copyright or any other intellectual propert
owned by Qwest or its Affliates, except that CLEC may comunicate
that Qwest is one of the underlying carriers from which CLEC
purchases services if CLEC has obtained the prior written 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 Part from truthfully
describing the Services it uses to provide service to its End User
Customers, provided it does not represent the Services as originating
from the other Part or its Affliates or otherwse attempt to sell its End
User Customers using the name of the other Part or its Affliates,
Qwests name and the names of its affliates are proprietary and
nothing in this Agreement constitues 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-users using the
name, brand or identity of Qwest or Qwests Affliates in any way,
7,9 Because a breach of the material provisions of this Section 7
may cause irreparable harm for which monetary damages may be
inadequate, in addition to other available remedies, the non-breaching
Part may seek injunctive relief.
8. Financial Responsibilty Payment and Security,
8,1 Payment Obliaation, Amounts payable under this
Agreement are due and payable within thirt (30) Days after the date of
invoice ("Payment Due Date"), If the Payment Due Date falls on a
Sunday or on a holiday which is observed on a Monday, the payment
date wil 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.
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 goo faith disputed amount as prvided
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
July 25, 2011/mmslholesale Carrier Services, Inc,
Qwest QLSpTM MSA - (v5-6-11 )
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-11 0722-0008); (NM=CDS-11 0722-0009);
(ID=CDS-110722-0010); (SD=CDS-110722-o011); (UT=CDS-110722-oo12); (WY=CDS-110722-0013)
Page30f11
DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
orders for Services on the date specified in the ten (10) business days
notice, and CLEC's non-empliance continues, nothing contined
herein shall preclude Owests right to refuse to accpt additional orders
for Services from CLEC without further notice. For order procssing to
resume, CLEC will be required to cure. any breach and make full
payment of all past-due charges for Servces not disputed in good faith
under this Agreement, and Owest 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, Owest reserves the right to seek
equitable relief including injunctive relief and specific performance,
8.3 Disconnection, Owest 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 Secon 11
herein, including without limitation, failure by CLEC to make full
payment for such Services, less any good faith disputed amount as
provided for in this Agreement, within sixt (60) Days following the
Payment Due Date provided that Owst has first notified CLEC in
writing at least ten (10) business days prior to disconnecting Services,
CLEC will pay the applicable charge set forth in the Rate Sheet
required to reconnect Services for each End User Customer
disconnected pursuant to this Section 8,3. In case of such
disconnection, all applicable undisputed charges, including termination
charges, will become due and payable. If Owest 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 prelude Owests right to disconnect any or all Services,
For reconnection of the Service to occur, CLEC will be required to
make full payment of all past and current undisputed charges under
this Agreement for Services and Owest 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, Owest reserves the
right to seek equitable relief, including injunctive relief and specific
performance, Notwthstanding the foregoing, Owest wil not effect a
disconnection pursuant to this Section 8,3 in such manner that CLEC
may not reasonably comply with Applicable Law concerning 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 Owest in writing within fifteen (15) Days following the
Payment Due Date identifying the amount, reason and rationale of
such dispute. At a minimum, CLEC will pay all undisputed amounts
due to Owest. Both CLEC and Owest agree to expedite the
investigation of any disputed amounts, promptly provide reasonably
requested documentation regarding the amount disputed, and work in
good faith in an effort to resolve and settle the dispute through informal
means prior to invoking any other rights or remedies,
A. If CLEC disputes charges and does not pay such charges by
the Payment Due Date, such charges may be subject to late
payment charges, If the disputed charges have been withheld
and the dispute is resolved in favor of Owest, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing further dispute resolution. If the
disputed charges have been withheld and the dispute is resolved
in favor of CLEC, Owest 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, If CLEC pays the disputed charges and the dispute is
resolved in favor of Owest, no further action is required, If CLEC
pays the charges disputed at the time of payment or at any time
.
~
thereafter, and the dispute is reslved in favor of the CLEC, .
Owest will adjust the Biling, usually within two Billng cycles after
the resolution of the dispute, as follows: Owest 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, will
any late payment charges be assessed on any previously
assessed late payment charges,
D. If CLEC fails to dispute a rate or charge within 60 Days
following the invoice date on which the rate or charge appeared,
adjustment will be made on a going-forward basis only, beginning
wih 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, Owest may request a security deposit. A "material
adverse change in financial condition" means CLEC is a new CLEC
with no established credit history, or is a CLEC that has not
established satisfactory credit with Owest, 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 Owest 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. Owest may require a deposit to be
held as secri for the payment of charges before the orders from
CLEC will be provisioned and completed or before reconnection of
Service. "Repeatedly Delinquent" means any payment of a material
amount of total monthly Biling under this Agreement received after the
Payment Due Date, three (3) or more times during the last twelve (12)
month period, The deposit may not exceed the estimated to,~1 monthly .
charges for a tw (2) month period based upon recent Billing, The
deposit may be an irrevocable bank letter of credit, a letter of credit
with terms and conditions accptable to Owest, or some other form 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 terms and provisions of
Section 8,2 and Section 8,3 of this Agreement.
8,6 Interest on Deposits, Any interest earned on cash deposits
will be credited to CLEC in the amount actually earned or at the rate
set forth in Section 8.7 below, whichever is lower, except as otherwse
required by law, provided that, for elimination of doubt, the Pa~ies
agree that such deposits are not subject to state laws or ~egulations
relating to consumer or End User Customer cash deposits. Cash
deposits and accrued interest, if applicable, wil be credited to CLEC's
account or refunded, as appropriate, upon the earlier of the expiration
of the term of this Agreement or the establishment of satisfactory credit
with Owest, which will generally be one full year of consecutive tim~ly
payments of undisputed amounts in full by CLEC, Upon a maten~l
change in financial standing, CLEC may request, and Owest will
consider a recalculation of the deposit. The fact that a deposit has
been m~de does not relieve CLEC from any requirements of this
Agreement.
8.7 Late Payment Charge, If any portion of the payment is
received by Owest after the Payment Due Date, or if any P?rtion ~f the
payment is received by Owest in funds that are not immediately
available, then a late payment charge wil be due to Owest. The late
payment charge is the portion of the payment not received b.y the
Payment Due Date multiplied by a late factor. The late factor is the
July 25, 2011/mmslholesale Carrer Services, Inc.
Owest OLSpTM MSA - (v5-6-11)
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-11 0722-0008); (NM=CDS-110722-0009);
(ID=CDS-11 0722-001 0); (SD=CDS-11 0722-0011); (UT=CDS-11 0722-0012); (W=CDS-11 0722-0013)
Page40f11 .
,G
01 DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
. 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 specifcally agreed to by the
parties in this Agreement or in an amendment to this Agreement.
9. Conversions, If CLEC is obtaining servces from
Qwest under an arrngement or agreement that includes the
application of termination liabilty assessment (TLA) or minimum period
charges, and if CLEC wishes to convert such services to a Service
under this Agreement, the conversion of such servces will not be
delayed due to the applicabilty of TLA or minimum period charges.
The applicabilty of such charges is governed by the terms of the
original agreement, Tariff or arrngement. 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 Contact. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' service
needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble reports,
repair, post-sale servicing, Billng, collection and inquiry. CLEC wil
inform its End User Customers that they are End User Customers of
CLEC, CLEC's End User Customers contacting Qwest wil be
instructed to contact CLEC, and Qwests End User Customers
. contacting CLEC will be instructed to contact Qwest. In responding to
calls, neither Part wil make disparaging remarks about the other
Part, To the extent the correct provider can be determined,
misdirected calls recived by either Part will be referred to the proper
provider of Local Exchange Service; however, nothing in this
Agreement shall be deemed to prohibit Qwest or CLEC from
discussing its products and services with CLEC's or Qwests End User
Customers who call the other Part,
10.1 In the event Qwest terminates Service to CLEC for any
reason, CLEe will provide any and all necessary notice to its End User
Customers of the termination, In no case wil Qwest be responsible for
providing such notice to CLEC's End User Customers,
11. Default and Breach, If either Part defaults in the payment
of any amount due hereunder, or if either Part violates any other
material provision of this Agrement and such default or violation
continues for thirt (30) Days after written notice thereof, the other
Part may terminate this Agreement and seek relief in 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 accrdance 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 wil be cumulative,
12.Limitation of Liabilty,
12,1 CLEC's exclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwise limited by this Agreement to outage credits or other
service credits, in which case Qwests total liabilty wil not exceed the
aggregate amount of any applicable credits due..
12,2 Except for indemnification and payment obligations under
this Agreement, neither Part shall be liable to the other for indirect,
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, lost revenues, lost
savings suffered by the other Part regardless of the form of action,
whether in contract, warrnty, strict liabilty, tort, including, without
limitation, negligence of any kind and regardless of whether the Parties
know the possibilty that such damages could result.
12,3 Nothing contained in this Section shall limit either Parts
liabilty to the other for willful misconduct, provided that, a Parts
liabilty to the other Party pursuant to the foreoing 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 specifically set forth
in this Agreement, the following constitute the sole indemnification
obligations between and among the Parties:
A, Each Part (the Indemnifying Part) agrees to release,
indemnify, defend and hold harmless the other Part and each of
its offcers, directors, employees and agents (each, an
Indemnitee) from and against and in respect of any loss, debt,
liabilty, damage, obligation, claim, demand, judgment or
settlement of any nature or kind, known or unknown, liquidated or
unliquidated including, but not limited to, reasonable 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 propert, whether or
not owned by others, resulting from the Indemnifying Part'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 Part arising out of or in connection with
Services provided to the End User Customer by the Part, the
Part whose End User Customer alleged or incurred such claims
or loss (the Indemnifying Part) shall defend and indemnify the
other Part and each of its offcers, directors, employees and
agents (each, an Indemnified Part) against any and all such
claims or loss by the Indemnifing Party's End User Customers
regardless of whether the underlying Service was provided or was
provisioned by the Indemnified Part, unless the loss was caused
by the gro negligence or willful misconduct of the Indemnified
Part, The obligation to indemnify with respect to claims of the
Indemnifying Part's End User Customers shall not extend to any
claims for physical bodily injury or death of any Person or
persons, or for loss, damage to, or destruction of tangiblepropert, whether or not owned by others, alleged to have
resulted directly from the negligence or intentional conduct of the
employees, contractors, agents, or other representatives of the
Indemnified Part.
13,2 The indemnifcation provided herein is conditioned upon the
following:
A. The Indemnified Part wil promptly notif the Indemnifying
Part of any action taken against the Indemnified Part relating to
the indemnifcation, Failure to so notify the Indemnifying Part will
not relieve the Indemnifying Part of any liabilty that the
Indemnifying Part might have, except to the extent that such
failure prejudices the Indemnifyng Part's abilty to defend such
July 25, 2011/mmslholesale Carrier Services, Inc,
Qwest QLSpTM MSA - (v5-611)
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-11 0722-0008); (NM=CDS-11 0722-0009);
(ID=CDS-110722-0010); (SD=CDS-110722-0011); (UT=CDS-110722-0012); (W=CDS-110722-0013)
Page50f11
16,1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior written consent of Qwest, which
consent wil not be unreasonably withheld, Notwithstanding 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 of CLEC's proposed assignee, CLEC may
assi.gn 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 wrtten
consent to any Affliate, successor through merger, or acquirer of
substantially all of its business assets; provided that in all cases the
July 25, 2011/mmsJholesale Carrer Services, Inc,
Qwest QLSpTM MSA - (v5-611)
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-11 0722-0008); (NM=CDS-11 0722-0009);
(ID=CDS-11 0722-001 0); (SD=CDS-11 0722-0011); (UT=CDS-11 0722-0012); (W=CDS-11 0722-0013)
DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
claim,
B, If the Indemnifying Party wishes to defend against such
action, it will give written notice to the Indemnifed Part of
acceptance of the defense of such action, In such event, the
~ndem,nifyng Part has sole authority to defend any such action,
including the selection of legal consel, and the Indemnified Part
may engage separate legal counsel only at its sole cost and
expense, In the event that the Indemnifing Part does not
accpt the defense of the action, the Indemnified Part has the
right to employ counsel for such defense at the expense of the
Indemnifyng Part, Each Part agrees to coperate with the
other Part in the defense of any such acton and the relevant
records of each Part will be available to the other Part with
respect to any such defense,
C. In no event wil the Indemnifyng Part settle or consent to
any judgment for relief other than monetary damages pertining
to any such action without the prior written consent of the
Indemnified Part, In the event that the Indemnified Part
withholds consent, the Indemnified Part may, at its cost, take
over such defense; provided that, in such event, the Indemnifying
Part shall not be responsible for, nor shall it be obligated to
indemnify the relevant Indemnified Part against, any cost or
liabilty in excess of such refused compromise or settlement.
14. Limited Warrnties.
14.1 Each Part will provide suitably qualified personnel to perform its
obligations under this Agreement and provide all Servces hereunder in
a good and workmanlike manner and in material conformance with all
Applicable Laws and regulations,
14.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
QWEST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED
HEREUNDER. QWEST SPECIFICALLY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS,
15, Relationship, Except to the limited extent expressly
provided in this Agreement, neither Part has the authority to bind the
other by contract or otherwise or make any representations or
guarantees on behalf of the other or otherwise act on the other's
behalf, The relationship arising from this Agreement does not
constitute an agency, joint venture, partnership, employee relationship
or franchise, Qwest is acting as an independent contractor and wil
have exclusive control of the manner and means of performing 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.Asignment.
~
\.
assignee of CLEC or Qwest, as a. pplicable, 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
will be binding as to the Parties' respective succssors and assigns.
16.2 In the event that Qwest transfers to any unaffliated part
exchanges, including End User Customers that CLEC serves in whole
or in part through Services provided by Qwest under this Agreement,
Qwest will ensure that the transferee serves as a successor to and
fully performs 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 will use its best effort to faciltate
discussions between CLEC and the transferee with respect to the
transferee's assumption of Qwests obligations after the transition
period set forth above in accrdance with the terms and provisions of
this Agreement.
17. Reporting Requirements, If reporting obligations or
requirements are imposed upon either Part by any third part or
regulatory agency in connection with this Agreement or the Services,
including use of the Services by CLEC or its End Users, the other
Part agrees to assist that Part in complying with such obligations and
requirements, as reasonably required by that Part,
18. SurvivaL. The expiration or termination of this Agreement
does not relieve either Part of those obligations that by their nature
are intended to survive,
19. Confidentiality Nondisclosure,
19.1 Neither Part wil, without the prior wrtten consent of the.
other Part (a) issue any public announcement regarding, or make any
other disclosure of the terms of, this Agreement or use the name or
marks of the other Part or its Affliates; or (b) disclose or use (except
as expressly permitted by, or required to achieve the purposes of, this
Agreement) the Confidential Information of the other Part, Consent
may only be given on behalf of a Part by its Legal Department.
However, a Part may disclose Confidential Information if required to
do so by a governmental agency, by operation of law, or if necessary
in any proceeding to establish rights or obligations under this
Agreement, provided that the disclosing Part gives the non-disclosing
Part reasonable prior written notice and the receiving Part wil
cooperate with the disclosing Part to seek or take appropriate
protective measures and wil make such disclosure in a manner to best
protect the Confidential Information from further disclosure,
Notwthstanding the foregoing, if reporting or filing obligations or
requirements are imposed upon Qwest by any third part or regulatory
agency in connection with this Agreement, CLEC agrees to assist
Qwest in complying with such obligations and requirements, asreasonably 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 Part
wil use reasonable effort to protect the other's Confidential
Information, and will use at least the same effort 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 Part, A Party who receives Confidential Information via an
oral communication may request written confirmation that the material
is Confidential Information, A Party 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 Part has the right to .Page60f11
,.DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
. correct an inadvertent failure to identify information as Confidential
Information by giving written notification within thirt (30) Days after the
information is disclosed. The receiving Part wil from that time
forward, treat such information as Confidential Information,
19.3 Upon request by the disclosing Part, the receiving Part wil
retum all tangible copies of Confidential Information, whether wrtten,
graphic or otherwse, except that the receiving Part may retain one
copy for archival purposes,
19,4 Each Party wil keep all of the other Part's Confidential
Information confidential and will disclose it on a need to know basis
only, Each Party wil use the other Part's Confidential Information
only in connection with this Agreement and in accordance. with
Applicable Law, Neither Part wil use the other Parts Confidential
Information for any other purpose except upon such terms and
conditions as may be agreed upon between the Parties in writing. If
either Part loses, or makes an unauthorized disclosure of, the other
Part's Confidential Information, it will notify such other Part
immediately and use reasonable effort to retrieve the information.
19,5 Effective Date of this Section, Notwthstanding any other
provision of this Agreement, the Confidential Information provisions of
this Agreement apply to all information furnished by either Part to the
other in furtherance of the purpse of this Agreement, even if furnished
before the Effective Date.
19,6 Each Party agrees that the disclosing Part could be
irreparably injured by a breach of the confidentiality obligations of this
Agreement by the receiving Part or its representatives and that the
disclosing 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 Parts
rights with respect to its own Confidential Information or its obligations
with respect to the other Parts Confidential Information under Section
222 of the Act.
20. Waiver. Except as otherwise provided herein, neither
Part'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,
21. Regulatory Approval, Each Part reserves its rights with
respect to whether this Agreement is subject to Sections 251 and 252
of the Act, In the event the FCC, a state commission or any other
govemmental authority or agency rejects or modifies any material
provision in this Agreement, whether by direct action or by virtue of
generic proceedings, including without limitation, any pricing terms,
either Part may immediately upon wrtten notice to the other Party
terminate this Agrement in whole or in part, including without
limitation, with respect to Service in any state, In the event a Part
exercises its right to terminate pursuant to this Section 21, the other
Part agrees to consent to any regulatory approvals necessary to
disconnect any circuits provided pursuant to this Agreement and
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 Part shall provide wrtten notice to the other Part of
the existence of such lawful, binding order so that the other Part may
seek an injunction or other relief from such order. In addition, the filing
Part agrees to reasonably cooperate to amend and make
modifications to this Agreement to allow the filing of this Agreement or.
the specific part of this Agreement affected by the order to the extent
reasonably necessary,
22. Notices, Any notices required by or concerning this
Agreement wil be in writing and wil be suffciently given if delivered
personally, delivered by prepaid overnight express service, sent by
facsimile with electronic confirmation, or sent by certified mail, retum
receipt requested, or by email where specifed 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 notification for: (v) marketing notices; (w) notices
provided under Section 8; (x) rate change notices; or (y) notices
regarding changes in maintenance windows.
23. Force Majeure. Neither Part shall be liable for any delay
or failure in performance of any part of this Agreement from any cause
beyond its control and without its fault or negligence including, without
limitation, acts of nature, acts of civil or miltary authority, government
regulations, embargoes, epidemics, terrorist act, 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 Forc Majeure Event), Inabilty to secure products or servicesof other Persons or transportation facilties or act or omissions of
transporttion carriers shall be considered Force Majeure Events to
the extent any delay or failure in performance caused by these
circumstances is beyond the Part's control and without that Parts
fault or negligence, The Part 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 effort to remove or mitigate the Force
Majeure Event. In the event of a labor dispute or strike the Parties
agree to provide Service to each other at a level equivalent to the level
they provide themselves.
24. Governina 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 good faith to resolve through
negotiation any dispute, claim or controversy arising out of, or relating
to, this Agreement. Either Part may give written notice to the other
Part of any dispute not resolved in the normal course of business,
Each Part wil, within seven (7) Days after delivery of the wrtten
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
conclusions of these discussions wil be at the discretion of the
representatives. By mutual agreement, the representatives may use
other procedures to assist in these negotiations, The discussions and
correspondence among the representatives for the purposes of these
negotiations will be treated as Confidential Information developed for
purposes of settlement, and will be exempt from discovery and
production, and are not admissible in any subsequent proedings
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 Part may commence a civil acton, Any action will 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
July 25, 2011/mmsJholesale Carrer Services, Inc.
Qwest QLSpTM MSA - (v5-6-11)
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-11 0722-0008); (NM=CDS-110722-0009);
(ID=CDS-110722-0010); (SD=CDS-110722-o011); (UT=CDS-110722-0012); (W=CDS-110722-0013)
Page70f11
DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
brought in the Denver District Court for the State of Colorado. The
Parties agree that such courts have persnal jurisdiction over them.
25,3 Waiver of Jurv Trial and Class Action, Each Part, to the
extent permitted by law, knowingly, voluntarily, and intentionally waives
its right to a trial by jury and any right to pursue any claim or action
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity, .
25.4 No cause of action regardless of the form of action, ariing
out of, or relating to this Agreement, may be brought by either Part
more than tw (2) years after the cause of action aries,
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 Agrement has been duly authorized
to execute this Agreement on that Parts behalf;
C, the execution hereof is not in conflict with law, the terms of
any charter, bylaw, articles of asociation, or any agreement to
which such Part is bound or affected; and
D, each Part may act in reliance upon any instructon,
instrment, or signature reasonably believed by it to be authorized
and genuine,
28. Third Part Beneficiaries, The terms, representations,
warranties and agreements of the Parties set forth in this Agrement
are not intended for, nor wil they be for the benefi of or enforcable
by, any third part (including, without limitation, CLEC's Affliates and
End Users),
29. Insurance. Each Part shall at all times during the term of
this Agreement, at its own cost and expense, carry and maintain the
insurance coverage listed below with insurers having a "Best's" rating
of B+XIII with respect to liability arising from its operations for which
that Part has assumed legal responsibility in this Agreement. If a
Part or its parent company has assets equal to or exceeding
$10,000,000,000, that Part may utilze an Affliate captive insurance
company in lieu of a "Best's" rated insurer, To the extent that the
parent company of a Party is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Sectiòn, to the extent its affliated Part
fails to meet such obligations,
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 propert damage, including
coverage for independent contractor's protection (required if any work
wil be subcontracted), products and/or completed operations and
contractual liability with respect to the liability assumed by each Part
hereunder, The limits of insurance shall not be less than $1,000,000
each ocurrnce and $2,000,000 general aggregate limit.
29,3 "All Risk" Propert coverage on a full replacement cost basis
insuring all of such Parts personal propert situated on or within the
Premises,
29.4 Each Part may be asked by the other to prVide.
certificate(s) of insurance evidencing coverage, and thereafter shall .
provide such certficate(s) upon request. Such certificates shall:
A, name the other Part 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 severabilty of interest/cross liabilty coverage.
30. Communicaions Asistance Law Enforcement Act of
1994, Each Part represents and warrants that any equipment,
facilties or Services provided to the other Part under this Agreement
comply with the CALEA. Each Part wil indemnif and hold the other
Part harmless from any and all penalties. imposed upon the other
Part for such noncompliance and wil at the non-compliant Part's
sole cost and expense, modify or replace any equipment, facilties or
Services provided to the other Party under this Agreement to ensure
that such equipment, facilities and Servces 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 repreentations
by or between the Parties, written or oral, including but not limited to,
any term sheet or memorandum of understanding entere~ into by t~e
Parties, to the extent they relate in any way to the subjects of th~s
Agreement. Notwthstanding 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
interconnection agreement, and nothing contained herein is intended .'
by the Parties to amend, alter, or otherwse modify those terms and
conditions.
32.Proof of Authorization,
32.1 Each Part shall be responsible for obtaining and
maintaining Proof of Authorization (POA), as required by applicable
federal and state law, as amended from time to time,
32,2 Each Part wil make POAs available to the other Part upon
request. In the event of an allegation of an unauthorized change or
unauthorized service in accordance with Applicable Law, the Part
charged with the alleged infraction shall be responsible for resolving
such claim, and it shall indemnify and hold harmless the other Party for
any losses, damages, penalties, or other claims in connection with the
alleged unauthorized change or service.
33.General Terms,
33,1 Qwest will provide general repair and maintenance services
on its facilties, including those facilties supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Qwest.
33.2 In order to maintain and modernize the network properly,
Qwest may make necessry modifications and changes to its network
on an as needed basis, Such changes may result in minor changes to
transmission parameters, Network maintenance and modernization
activities wil result in transmission parameters that are within
transmission limits of the Servce ordered by CLEC, Qwest wil provide
advance notice of changes that affect network Interoperabilty pursuant
to applicable FCC rules,
July 25, 2011/mmslholesale Carrier Services, Inc.
Qwest QLSpTM MSA - (v5-6-11 )
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-11 0722-0008); (NM=CDS-11 0722-0009);
(ID=CDS-11 0722-001 0); (SD=CDS-11 0722-0011); (UT=CDS-11 0722-0012); (W=CDS-11 0722-0013)
Page80f11 .
DocuSign Envelope 10: 909F8FCD-A14A.40EC.BE9E-380E7305439B
. 33,3 Network Security,
A. Protection of Service and Propert. Each Part wil exercise
the same degree of care to prevent harm or damage to the other
Part and any third parties, its employees, agents or End User
Customers, or their propert as it employs to protect its own
employees, agents, End User Customers and property, , but in no
case less than äcommercially reasonable degree of care,
Applicable Law,
B. Each Part is responsible to provide securiy and privacy of
communications, This entails protecting the confidential nature of
Telecommunications transmissions between End User Customers
during technician work operations and at all times, Specifically,
no employee, agent or representative shall monitor any circuits
except as required to repair or provide Service of any End User
Customer at any time, Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or
who 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 facilities are identified to CLEC by Qwest to be
asbestos containing, CLEC wil ensure that to the extent any
activites which it undertkes in the facilty disturb such suspect
materials, such CLEC activities will 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 undertken 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
undertkes any asbestos control or asbestos abatement activities
that potentially could affect CLEC personnel, equipment or
operalions, 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
emérgency or state of war. The Parties are responsible for their
employees with respect to such security requirements and
penalties,.0, 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 otherwise unauthorized use of Services or faciliies
('Unauthorized Use"), whether or not such Unauthorized Usecould have been reasonably prevented by Qwest, except to the
extent Qwest has been notified in advance by CLEC of the
existence of such Unauthorized Use, and fails to take
commercially reasonable steps to assist in stopping or preventing
such activity,
33,4. Construction, Qwest will provide necessary construction
only to the extent required by Applicable Law,
33,5. Individual Case Basis Requests, CLEC may request
additional Services not specified in this Agreement and Owest wil
consider such requests on an Individual Case Basis,
33,6, Responsibilty For Environmental Contamination.
A, Neither Part shall be liable to the other for any costs
whatsoever resulting from the presence or release of any
Environmental Hazard that either Part did not introduce to the
affected work location, Each Part shall defend and hold
harmless the other Part and its respective offcers, directors and
employees from and against any losses, damages, claims,demands, suits, liabilties, fines, penalties and expenses
(including reasonable attorneys' fees) that arise out of or result
from:
1, any Environmental Hazrd that the Indemnifying Part,
its contractors or agents introduce to the work locations; or
.2, the presence or release of any Environmental Hazard
for which the Indemnifying Part is responsible under
July 25, 2011/mmslholesale Carrer Services, Inc.
Qwest QLSpTM MSA - (v5-611)
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-11 0722-0008); (NM=CDS-11 0722-0009);
(ID=CDS-11 0722-001 0); (SD=CDS-11 0722-0011); (UT=CDS-11 0722-0012); (W=CDS-11 0722-0013)
Page90f11
DocuSign Envelope 10: 909F8FCD-A 14A-40EC-BE9E-380E7305439B
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 Intelligent Network" or "AIN" is a Telecommunications netwrk
architecture in which call processing, call routing and network management
are provided by means of centrlized databases,
"Affliate" means a Person that (directly or indirectly) owns or contrls, 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 identifed on
the bil,
"Biling" involves the provision of appropriate usage data by one
Telecommunications Carrer to another to faciltate Customer Billng with
attendant acknowledgments and status reports, It also involves the
exchange of information between Telecommunications Carriers to process
claims and adjustments.
"Carrier" or "Common Carrier" See Telecommunications Carrier.
"Central Offce" means a building or a space within a building where
transmission facilities or circuits are connected or switched.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S,C.
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 Part;
and/or (b) is of such a nature that the receiving Part should reasonably
understand that the disclosing Part desires to protect such informaton
against unrestricted disclosure, Confidential Information wil not include
information that is in the public domain through no breach of this
Agreement by the receiving Part or is already known or is independently
developed by the receiving Part,
"Customer" means the Person purchasing a Telecommunications Service
or an information service or both from a Carrier.
"Day" means calendar days unless otherwise specified,
"Demarcation Point" is defined as the point at which the LEC ceases to
own or control Customer Premises wiring including without limitation inside
wiring,
"Directory Assistance Database" contains only those published and n.
listed telephone number listings obtained by Owest from its own End U
Customers and other Telecmmunications Carrers.
"Directory Assistance Service" includes, but is not limited to, making
available to callers, upon request, information contained in the Directory
Asistance Database, Directory Assistance Service includes, where
available, the option to complete the call at the caller's direction.
"Due Date" means the specific date on which the requested Service is to
be available to the CLEC or to CLEC's End User Customer, as applicable,
"End User Customer" means a third part retail Customer that subscribes
to a Telecommunications Service provided by either of the Parties or by
another Carrier or by two (2) or more Carrers,
"Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental Response
Compensation and Liabilty Act, Superfund Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
Occupational Safety and Health Act and provisions with similar purposes in
applicable foreign, state and local jurisdictions) or (ii) poses risks to human
health, safety or the environment (including, without limittion, indoor,
outdoor or orbital space environments) and is regulated under any
Applicable Law,
"FCC" means the Federal Communications Commission,
"Interexchange Carrier" or "IXC" means a Carrer that provides InterLATA
or Intra LATA Toll service,
"Line Information Database" or "L1DB" stores various telephone .
numbers and Special Billing Number (SBN) data used by operator servi
systems to process and bil Altemately Biled Services (ABS) calls. The
operator services system accesses L1DB data to provide originating line
(callng number), Biling number and terminating line (called number)information. L1DB is used for callng card validation, fraud prevention,
Biling or service restrictions and the sub-accunt 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 specifc
message formats (Telcordia's TR-NWP-000029, Section 10),
"Line Side" refers to End Offce Switch connections 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 Accss, Such
term does not include a Carrer insofar as such Carrier is engaged in the
provision of Commercial Mobile Radio Service under Section 332(c) of the
Act, except to the extent that the FCC finds that such service should be
included in the definition of such term,
"Loop" or "Unbundled Loop" is defined as a transmission facility between a
distribution frame (or its equivalent) in a Owest Central Offce 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,
July 25, 2011/mmslholesale Carrer Services, Inc,
OwestOLSPTM MSA-(v5-6-11)
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-11 0722-0008); (NM=CDS-11 0722-0009);
(ID=CDS-11 0722-001 0); (SD=CDS-11 0722-0011); (UT=CDS-11 0722-0012); (W=CDS-11 0722-0013)
Page100f11 .
"
DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1. DEFINITIONS
esceiianeous Charges" mean charges that Qwest may assess in additionecurrng and nonrecurrng rates set forth in the Rate Sheet, for activities
CLEC requests Qwest to perfonn, activities CLEC authorizes, or charges
that, ,are a result of ~LEC's actions, such as cancellation charges,
~dditional ,labor and, mainten~nce, Miscellaneous Charges are not already
included in Qwest s recumng or nonrecurring rates, Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Network Element" is a facility or equipment used in the provision of
Telecommunications Service or an infonnation service or both, It also
includes features, functions, and capabilities that are provided by means of
such facilty or equipment, including subscriber numbers databases
signaling systems, and infonnation suffcient for Billng and' collection o~used in the transmission, routing, or other provision of a
Telecommunications Service or an infonnation 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 fonns issued by Qwest, as
amended frm time to time,
"Persn" is a general tenn meaning an individual or association,
corpration, finn, joint-stock company, organization, partnership, trust or
any other fonn or kind of entit,
"Port" means a line or trunk connection point, including a line card and
associated peripheral equipment, on a Central Ofce Switch but does not
include Switch features, The Port serves as the hardware tennination for
line or Trunk Side facilties connected to the Central Ofce Switch. Each
Line Side Port is typically associated with one or more telephone numbers
that serve as the Customer's network address,
-iimises" refers to Qwest's Central Offces and Serving Wire centers' all
~Idings or similar structures owned, leased, or otherwse 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,
"Prof 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 fonn of a third part verification fonnat.
"Provisioning" involves the exchange of infonnation between
Telecommunications Carrers 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 ra~io, 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 Carrier within the Public
Switched Network, Switch includes but is not limited to End Offce
Switches, Tandem Switches, Accss Tandem Switches, Remote Switching
Modules, and Packet Switches, Switches may be employed as a
combination of End Ofcelandem Switches,
"Switched Accss Traffc," as specifically defined in Qwests interstate
Switched Access Tariff, is traffc that originates at one of the Party's End
User Customers and tenninates at an IXC Point of Presence, or originates
at an IXC Point of Presence and tenninates at one of the Part's End User
Customers, whether or not the traffc transits the other Part's netwrk.
"Tariff as used throughout this Agreement refers to Qwest interstate
Tariff 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 Secton 226 of the Act). A
Telecommunications Carrer shall be treated as a Common Carrer under
the Act only to the extent that it is engaged in providing
Telecommunications Services, except that the FCC shall detennine
whether the provision of fixed and mobile satellte service shall be treated
as common carriage,
"Telecommunications Service" 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 furnish to End User Customers
intercmmunicating Service of the character ordinarily furnished by a single
exchange, and which is covered by the exchange Service charge, or
comparable Servce provided through a system of Switches, transmission
equipment or other facilties (or combinations thereof) by which a
subscriber can originate and tenninate a Telecommunications Service,
"Trunk Side" refers to Switch connections that have been programmed to
treat the circuit as connected to another switching entity,
"Wire Center" denotes a building or space within a building that serves as
an aggregation point on a given Carrier's netwrk, 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 Service, 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 Agrement, shall have
the meaning defined there, The definition of tenns that are included here
and are also defined in the Act, or its implementing orders or rules, are
intended to include the definition as set forth in the Act and the rules
implementing the Act.
"Shared Transport" is defined as local interoffce transmission facilities
shared by more than one Carrier, including Qwest, between End Offce
Switches, between End Ofce Switches and Tandem Switches (local and
eiy 25, 2011/mmsJWholesale Carrer Services, Inc,west QLSpTM MSA - (v5--11)
(IA=CDS-110722-0006); (MT=CDS-110722-D007); (ND=CDS-110722-0008); (NM=CDS-110722-0009);
(ID=CDS-11 0722-001 0); (SD=CDS-11 0722-0011); (UT=CDS-11 0722-0012); (W=CDS-11 0722-0013)
Page 11 of 11
, DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
.1.0
.
.
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
Qwest will provide Qwest Local Services Platfonn~
("QLSP4) Services according to the tenns and conditionsset forth in the QLSP Agreement between the Parties (the
"Agreement") and in this Attchment 2 to the Agreement,
which is incorporated into and made a part of the Agreement
(this "Atthment"), 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, infonnation services (or both)
that CLEC chooses to offer to the extent that such services
are granted herein or not limited hereby,
Report and Order-Petition of Qwest Corpration for
Forbearance Pursuant to 47 U.S.C. § 160(c) in the Omaha
Metropolitan Statistical Area, FCC 05-170, WC Docket No.
04-223, (effective September 16, 2005), 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.
1,2,2 The following QLSP Service types will be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(including Centrex 21); Centrex Plus; Centron in Minnesota
only; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP ResidentiaL.
1,1 General QLSP Service Description.
1,1,1 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Advanced
Intelligent Netwrk rAIN") Services, e.g" remote access
forwrding, and Qwest Voice Messaging Services rVMS")
may also be purchased with compatible QLSP Services,
These Network Elements will be provided in compliance with
all Telcordia and other industry standards and technical and
perfnnance specifications to allow CLEC to combine the
QLSP Services with a compatible voicemail product and
stutter dial tone, Qwest will provide access to 911
emergency services and directory listings in accrdance with
the tenns and conditions of CLEC's interconnection
agreements ("I CAs"), 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, Le., USOC RL T) when services are
provisioned to CLEC under this Agreement whether CLEC's
end user is a residential end user or a business end user.
As part of the QLSP Service, Qwest combines the Network
Elements that make up QLSP Service with analog/digital
capable Loops, with such Loops (including services such as
line splitting) being provided in accordance with the rates,
terms and conditions of the CLEC's I CAs, CLEC may also
purchase Qwest Commercial High Speed Internet (HSI)
Service (also known as Qwest Digital Subscriber LinelI
(DSL)), under a separate Services agreement, to be used
with compatible QLSP Service,
1,2,3 QLSP PBX Analog 2-Way DID Trunks will be
combined with 4 wire loops,
1,3 Local Switching. The Local Switching Netwrk Element
("Local Switching") is collectively the Line Side and TrunkSide facilties in the local serving Qwest end offce Switch
which provides the basic switching function, the port, plus
the features, 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, Vertcal features are softre 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 Port, Digital Line Ports Supporting
Basic Rate Interface-Integrated Services Digital Network
("BRI ISDN"), and Analog Trunk Port,
1,3,1 Analog Line Port. Line Port attbutes include:
telephone number; dial tone; signaling (Loop or ground
start); on/off hook detection; audible and power ringing;
Automatic Message Accunting (AMA Recording); and
blocking options,
1,1,2 QLSP Service is available in six different service
arrangements, each of which is described more fully below:
QLSP Residential; QLSP Business; QLSP Centrex
(including centrex 21, centrex Plus and, in Minnesota only,Centron); QLSP ISDN BRI; QLSP Public Accss Lines
("PAl); QLSP PBX Analog DID and non-DID (one way andtw way) trunks,
1,3,2 Digital Line Port Supporting BRIISDN. BRI ISDN
is a digital architecture that provides integrated voice and
data capabilty (2 wire). A SRI ISDN Port is a Digital 2B+D
(2 Bearer Channels for voice or data and 1 Delta Channel for
signaling 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, BRI ISDN Port does not offer BChannel Packet
service capabiliies, The serving arrangement confonns to
the internationally developed, published, and recognized
standards generated by International Telegraph and
Telephone Union (fonnerly CCITT),
1,2
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,
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 Servce,
Qwest wil combine the Local Switching and Shared
Transport Network Elements with the Loop,
1.3,3,1 Analog trunk Port 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.
1,3.3 Analog Trunk Port. DSO analog trunk Ports can be
configured as DID, DOD, and two-way.
1,3,3,2 All trunks are designed as 4-Wire leaving
the Centrl Offce, For 2-Wire servce, the trunks are
converted at the End User Customer's location,
1,2.1 Pursuant to the order issued by the FCC
pertining to the availabilty of Unbundled Network Element
rUNE") Loops under Section 251(c)(3) of the Act in its
July 25, 2011/mmslholesale Carrier Servces, Inc,
Attchment 2 - QLSPl - (v3-23-11)
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-11 0722-0008); (NM=CDS-11 0722-0009);
(ID=CDS-110722-o010); (SD=CDS-110722-0011); (UT=CDS-110722-o012); (W=CDS-110722-D13)
DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B -
1,3,3,3. Twoway analog DID trunks are capable of
initiating out going calls, and may be equipped with
either rotary or touch-tone (DTMF) for this purpse.
When the trunk is equipped with DID call trnsfer
feature, both the trunk and telephone instrments
must be equippe wih DTMF.
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2--LSPiI Service Description
offce Swich feares to provide the calling parts 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
administere by Qwest, including listed name data provided
by other Telecommunications Carrers 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
part that relates to the callng telephone number (when the
infonnation is actually available in Qwests database and the
delivery is not blocked or otherwise limited by the callng
part or other appropriate request),
1.3,4 Usage. Local Switching Usage is biled on a
Minute of Use ("MOU" basis as described within this
Attchment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
1,4,7 For CLEC's QLSP End User Customers, Qwest
wil load and update CLEC's QLSP End User Customers'
name infonnation into the L1DB and ICNAM databases from
CLEC's completed service orders, CLEC is responsible for
the accuracy of its End User Customers' infonnation.
1.4 Vertical Features and Ancilary Functions and Services.
1,4,1 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 infonnation. The
infonnation is provided on an as-is basis with all faults,
Qwest does not warrant or guarantee the correctness or the
completeness of such infonnation; however, Qwest wil
access the same database for CLEC's QLSP End User
Customers as Qwest accesses for its own End User
Customers. Qwest wil not be liable for system outage or
inaccessibilty or for losses arising frm 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, "Local
Traffc" and "Local Calls" means calls that originate and
tenninate 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 point and signaling links to
provide service to its End User Customers served by that
switch, Qwests call related databases include the Line
Infonnation Database (L1DB), Intemetwork Callng Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number Portbilty Database, CLEC
will 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 interLTA calls that
originate and terminate outside of the Local Callng Area as
defined in the Qwest tariff. For all Toll Traffc originated by
or tenninated to CLEC's QLSP End User Customer, Qwest
may bil applicable tariff charges, including SS7 message
charges (ISDN User Part (ISUP) and Transacton
Capabilties Application Part (TCAP)), to the Interexchange
Carrier (IXC) or other wholesale SS7 provider.
1,4.9 Qwst will not charge CLEC for the storage of
CLEC's QLSP End User Customers' infonnation in the L1DB..,.
or ICNAM databases,
Shared Transport and Toll.1.5
1.4,4 The L1DB database contains the following data:
various telephone line numbers and special biling number _
(SBN) data; originating line (callng number); biling number
and tenninating line (called number) infonnation; callng card
validation; fraud prevention; Billng or service restrictions;
sub-accunt infonnation to be included on the call's Billng
record; and callng card, biled to third number, and collect
call infonnation used in processing Altemately Biled
Services (ABS),
1,5,1 Shared Transport. The Shared Transport
Network Element ("Shared Transport") provides the
collective interoffce transmission facilties shared by various
Carriers (including Qwest) between end-offce switches and
between end-offce switches and local tandem switches
within the Local Callng Area, Shared Transport uses the
existing routing tables resident in Qwest switches to carr
the End User Customets originating and tenninating
local/extended area service interoffce Local traffc on the
Qwest interoffce message trunk network, CLEC traffc wil
be carred on the same transmission facilties betwen end-
offce switches, between end-offce switches and tandem
switches and betwen tandem switches on the same
network facilties that Qwest uses for its own traffc. Shared
Transport does not include use of tandem switches or
transport between tandem switches and end-offce switches
for Local Calls that originate from end users served by non-
Qwest Telecommunications Carrers ("Carrier(s)" which
tenninate to QLSP End Users,
1.4,3 ICNAM and L1DB, CLEC wil have non-
discriminatory access to Qwests L1DB database and ICNAM
database as part of the delivery of QLSP Service,
1,5,2 Originating Toll Calls from, and tenninating Toll
Calls to, QLSP End Users wil be delivered to/from the
designated IXCs from the Qwest end-offce switches and
access tandems, The Parties understand and agree that the
Services include tandem switching, where required, as well
as end offce switching and that CLEC has the right to
charge switched accss to IXCs for each element, as
appropriate,
1.4.5 The ICNAM database is used with certain end
July 25, 2011/mmslholesale Carrer Services, Inc.
Attchment 2 - QLS~ - (v3-23-11)
(IA=CDS-110722-0006); (MT=CDS-110722-o007); (ND=CDS-110722-o008); (NM=CDS-110722-0009);
(ID=CDS-11 0722-001 0); (SD=CDS-11 0722-0011); (UT=CDS-11 0722.0012); (W=CDS-11 0722-0013)
2 .
DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
.
.
.
QWEST LOCAL SERVICES PLATFORM(! AGREEMENT
ATTACHMENT 2-QLSP(! Service Description
1,5,3 IntraLATA and InterLATA Carrer Dnignation.
QLSP includes the capabilty for selecion of the interLATA
and intra LATA Toll provider(s) on a 2-Primary Interexchange
Carrier (PIC) basis, CLEC wil designate the PIC
assignment(s) on behalf of its End User Customers for
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 CLEC's
improper PIC change requests,
Agreement.
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.1,5,4 Qwest IntraLATA Toll Local Primary
Interexchange Carrer ("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 bil CLEC and CLEC wil pay Qwest
the rates contained or referenced. in the attched Rate
Sheet.
1,6,5,2 PBX with analog 1-way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under the Agreement with an Analog - 2 wire
voice grade Loop provided in accrdance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in the Agreement.
1.5,5 Usage. Shared Transport is biled on a MOU
basis as described within this Attchment. Rates for
"Shared Transport Usage" or "Shared Transport MOUs" are
provided in the QLSP Rate Sheet.
1,6,5,3 PBX with analog 2- way DID 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 accrdance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in the Agreement.1.6 QLSP Service Arangement Descriptions.
1,6,1 QLSP Business is available to CLEC for CLEC's
business End User Customers and is the combination of an
analog Line Side Port and Share Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except for those
Loops that are otherwise provided for in the Agreement.
1.6,6 QLSP Residential is available to CLEC for CLEC's
residential End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except as
otherwse provided for in the Agreement. QLSP Residential
may be ordered and provisioned only for residential End
User Customer application, The definition of reidential
service is the same as in Qwests retail tariff as applied to
Qwests End User Customers,
1,6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Servces
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 CLEC's ICAs, except for those Loops that
are otherwise provided for in the Agreement.
1,6.6.1 In order for CLEC to receive QLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must identify
residential end users by working telephone number
(WTN) utilzing the LSR process as described in the
Qwest wholesale website,
1.6,2,1 CLEC may request a converion from Centrex
21, Centrex-Plus or Centron service to QLSP Business or
QLSP Residential, The Conversion NRC(s) provided in
the Rate Sheet wil apply,
2.0 Additional Terms and Conditions and Service Features.
2,1 Qwest does not warrant the availabilty of facilties at any
serving wire center. QLSP Services wil not be available if
facilities are not available. Qwest represents and warrants
that it will not otherwse restrct facilties eligible to provide
QLSP Service and that any and all facilties that would
otherwse 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 will 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 (supporting BRI ISDN), and Shared Transport
provided under the Agreement with a Basic Rate ISDN-
capable Loop provided in accordance with CLEC's ICAs,
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 generally
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 infonnation and ordering requirements are
detailed on the Qwest Wholesale website.
1.6,4 QLSP PAL is available to CLEC for only CLEC's
Payphone Service Providers (PSPs) and is the combination
of an analog Line Side Port and Shared Transport provided
under the Agreement with an analog - 2 wire voice grade
Loop provided in accrdance with CLEC's ICAs, except for
those Loops that are otherwse provided for in the
July 25, 2011/mmslholesale Carrer Services, Inc,
Attachment 2 - QLS~ - (v3-23-11 )
(IA=CDS-110722-0006); (MT=CDS-110722-D007); (ND=CDS-110722-0008); (NM=CDS-110722-0009);
(ID=CDS-110722-0010); (SD=CDS-110722-0011); (UT=CDS-110722-D012); (W=CDS-110722-D013)
3
DocuSign Envelope ID: 909F8FCD-A14A-40EG-BE9E.380E7305439B
QWEST LOCAL SERVICES PLATFORMi1 AGREEMENT
ATTACHMENT 2-QLSPi1 Service Description
2.2.1 The Subsequent Order Charge provided in the such new local swich feature will not in any case be higher.
QLSP Rate Sheet and the Qwest retail Tariff nonrecurrng than the retail rate Qwet charges for such features,
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, wil be added to service orders
requesting LPS/GST Changes,
2,3 Daily Usage Feed (DUF). Qwest will provide to CLEC
certin originating and terminating call records ("usage
information") generated by CLEC's QLSP end user via a
DUF.
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
July 25, 2011/mmslholesale Carrer Services, Inc,
Attachment 2 - QLS~ - (v3-23-11 )
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-11 0722-0008); (NM=CDS-11 0722-0009);
(ID=CDS-110722-0010); (SD=CDS-110722-0011); (UT=CDS-110722-0012); (W=CDS-110722-0013)
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 bil its own End
User Customers.
2.3.2 Owest will provide to CLEC usage information
necessary for CLEC to bil for interLATA and intra LATA
exchange access to the IXC (excluding intraLATA 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 billng is described and allowed under section 3.7 of
this Attchment. These exchange acc records will be
provided as Category 11 EMI records via the DUF,
2,3,3 Qwest wil provide DUF records for the followng:
all usage occurrences bilable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrupt (BLI);
originating local usage; usage sensitive CLASS features;
and Qwest-provided intraLATA toll,
2,3.4 Local Call usage records wil be provided as
Category 01 or Category 10 EMI records via the DUF,
Terminating Locl 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,
2,5 Accss to 911/E911 emergency Services for CLEC's End
User Customers wil 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 wil 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.
2,6 Qwest AIN and VMS are offered on a commercial basis and
may be purchased with QLSP at the rates set forth in the
attched Rate Sheet. Retail promotions may not be
combined with QLSP.
2,7
2,8 Nothing in the Agreement alters or affect CLEC's right to
receive any applicable universal service subsidy or other
similar payments,
2,9 Owest Operator Services and Directory Assistance Service
are provided under the terms and conditions of CLEC's
ICAs,
3.0 Rates and Charges.
3,1 The recurrng ("MRC") and NRC rates for QLSP Services
and all assciated QLSP applicable usage-based rates and
miscellaneous charges are set forth or incorporated by
reference into the attched QLSP Rate Sheets, Rates for
QLSP Services are in addition to the applicable rates for
elements and Services provided under CLEC's ICAs,
Applicable intercarrier compensation rates and charges
(such as acces charges, reciprocal compensation, and
other charges for elements and services) are applicable and
are provided under a separate Agreement or Tariff.
QLSP rates Effective Date through Term. Starting on the
Effective Date of the Agreement, rates for the Service will be
those provided or referenced in the attched Rate Sheet.
The MRCs for the switch port wil be adjusted annually,
effecive 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 wil apply if CLEC does not
qualify for any discount.
3,2
3,2.1 90% yay 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 wil qualify for a 10% discount off
of the Business Port and a 2% discount off of the
Residential Port MRCs applicable during the next
calendar year,
3.2.4 115% YOY Volume Growth Plan: If the
number of CLEC's total QLSP lines as of October 31 of
each year equals or exceeds 115% of the sum of
CLEC's total QLSP lines as of October 31 of the
preceding year, and the YOY line increase is equal to
or greater than one thousand five hundred (1,500)
QLSP lines, CLEC will qualify for a 30% discount off of
the Business Port MRCs and a 6% discount off of the
Residential Port MRCs applicable during the next
calendar year.
3,3 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 will use the total number
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 will be effective on each
January 1 during the term of the Agreement.
4 .
DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
.3,4
.
.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
Except as otherwse provided herein, the Loop element
combined with a OLSP Service wil be provided in
accordance with CLEC's ICAs with Owest at the rates set
fort in those ICAs,
originating Local Call requires switching by the local serving
Owest end offce Switch only, When this call type is
originated by a OLSP End User, Local Switch Usage
charges provided in the OLSP Rate Sheet will apply, For
these call types that also terminate to an end user served by
a Carrier, Owest may pay that Carrier certain terminating
compensation charges under ters and conditions of a
separate ICA.
3.4,1 Loop provided under the Agreement. Upon
thirt (30) Days notice via the standard commercial
notification process, Owest may change monthly recurrng
charges for the Omaha, Nebraska Loop elements provided
under the Agreement.
3,8,2 Originating InterOffce Local Calls. This
originating Local Call requires switching by the local serving
Owest end offce and other interoffce switching for Local
traffc. When this call type is originated by a OLSP end user,
Local Switch Usage per MOU and Share Transport per
MOU charges provided in the Rate Sheet will apply. For
these call tyes that also terminate to an end user served by
a non-Qwest Carrer, Owest may pay that Carrier certain
terminating compensation charges under terms and
conditions of a separate ICA
3.5 CLEC wil be responsible for billng its OLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statute, regulation or as otherwse
required.
3,6 CLEC wil pay Owest the PiC change charge associated with
CLEC End User Customer changes of interLATA or
intraLATA Carrers. Any change in CLEC's End User
Customers' interLATA or intra LATA Carrier must be
requested by CLEC on behalf of its End User Customer.
3,8.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local serving Owest end ofce,
If the OLSP End User's selected .IXC does not have direct
trunking to the local serving Owest 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 OLSP end user, Local Switch Usage
provided in the OLSP Rate Sheet applies, Additionally, if
Shared Transport is necessary to deliver the call to the
Accss Tandem, Shared Transport Usage charges provided
in the OLSP Rate Sheet wil apply, The Parties understand
and agree that the Services include tandem switcing, where
required, as well as end offce switching and that CLEC has
the right to charge switched access to IXCs for each
element, as appropriate,
3,7 Intercarrier Compensation. Except as specifcally
described in this Secion, the Agreement does not change or
amend applicable intercarrier compensation arrangements
(including but not limited to Switched Access, Signaling, orTransit charges) between any parties, including between
Owest and Carriers or IXCs,
3,7,1 Switched Access. For OLSP End User
Customer(s), Owest will not charge to or collect from the IXC
usage based end offce and loop Switched Accss charges
(such as Switched Accss Local Switching, End Offce
Shared Port, Tandem Transmission and Carrier Common
Line) for InterLATA or IntraLATA Toll Calls originating or
terminating from that OLSP End User Customets line to an
IXC.
3,8,4 Terminating IntraOffce and InterOffce Local
Calls. This terminating Local Call requires switching by the
local serving Owest end offce and in certin instances other
interoffce switching within the Local Callng area, When a
call is terminated to a OLSP end user, no charges wil apply
under OLSP, For these call types that originate from an end
user served by a Carrier, Owest retains its rights to bill that
Carrer certain Transit charges as described in Secion 3,7
above,
3.7,2 Signaling. Owest retains its rights to charge IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as L1DB,
ICNAM and 8XX) associated with interLATA and intra LATA
Toll Calls originated by or terminated to a OLSP End User
under the applicable Tariff.
3,7,3 Transit. For any call originated by an end user
served by a Carrier that routes through Owests netwrk and
which terminates to a OLSP End User, Owest retains it
rights to bill the originating Carrer Transit charges for that
call under the originating Carriets Agreement.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
Call always requires switching by the local serving Owest
end offce, If the originating callets IXC does not have direct
trunking to the OLSP end usets local serving Owest end
offce switch, Shared Transport is required to terminate the
call to the receiving OLSP end user, When this call type is
terminated to a OLSP end user, Local Switch Usage
charges provided in the Rate Sheet wil apply, Additionally,
if Shared Transport is necssary to deliver the call to the
OLSP end user from the access tandem, Share Transport
Usage charges provided in the Rate Sheet wil apply. The
Parties understand and agree that the Services indude
tandem switching, where required, as well as end offce
switching and that CLEC has the right to charge switched
acces to IXCs for each element, as appropriate,
3,7.4 Other. Owest retains its rights to billXCs or other
Carriers, as applicable, any and all other access charges
and assessments not expressly addressed in this section,
induding 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 Owest
network for different call types originated by or terminated to
OLSP End Users, This section does not affect Owests
rights to charge IXCs for signaling as described in Section
1.4,2 of this Attachment.
3.8,6 Originating Toll Calls when QC is the
IntraLATA Toll provider. See Section 1,5,4 above.
3,9 Owest wil have a reasonable amount of time to implement
system or other changes necessary to bil CLEC for rates or3,8,1 Originating IntraOffce Local Calls - This
July 25, 2011/mmslholesale Carrer Services, Inc,
Attchment 2 - OLSP4- (v3-23-11)
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-110722-o008); (NM=CDS-11 0722-0009);
(ID=CDS-11 0722-001 0); (SD=CDS-11 0722-0011); (UT=CDS-11 0722-0012); (W=CDS-11 0722-0013)
5
DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
QWEST LOCAL SER~CES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
and the End User Custmer, without the written consent of .
Qwest.
charges associated with QLSP Services
3,10 QLSP Services have a one-month minimum servce period
requirement for each CLEC End User Customer, The one-
month minimum service period is the period of time that
CLEC is required to pay 100% of the MRC for the Service
even if CLEC does not retain Service for the entire month,
QLSP Services are biled month to month and will after the
one month minimum service period is satisfied be pro-rated
for partial months based on the number of days Service was
provided,
6.2 Qwest will provide general repair and maintenance Service
on its facilties, including those facilties supporting QLSP
Services purchased by CLEC, Qwest wil repair and restore
any equipment or any other maintainable component that
adversely impact CLEC's use of QLSP Service, Qwest and
CLEC will coperate with each other to implement
proceures and processes for handling service-affecting
events, There will be no charge for the Services provided
under this Section 6, except as set forth in the Rate Sheet.
3,11 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 restoring
service, adding, removing or changing features, arid other
similar requests,
7.0 Commercial Perfrmance Measures and Reporting, i
Performance Targets and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
indicated on Signature Page).
Each Part wil provide suitably qualified persnnel 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 Servce 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 accunt interfaces, Change requests common to
shared systems and processes subject to CMP wil continue
to be addressed via the CMP procedures,
4.0 Systems and Interfaces.
7,1
7,2 Qwest wil provide commercial performance measurements
and reporting against established performance targets with
QLSP Service. The following performance measurements .
will apply to QLSP Residential and QLSP Business: (a) Firm
Order Confirmations (FOCs) On Time; (b) Installation
Commitments Met; (c) Order Installation Interval; (d) Out of
Service Cleared within 24 Hours; (e) Mean Time to Restore;
and (f)Trouble Rate,
4,1 Qwest and CLEC will support the use of current OSS
interfaces andOSS business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time,
7,3 Commercial measurement definitions, methodologies,
performance targets and reporting requirements are set forth
in Attachment 3 to the Agreement. Qwest wil provide CLEC
with the raw data 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 servce 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 occurring after January 4, 2011. All service
credits wil be applied automatically by Qwest as credit
against CLEC's bil for the billing period following the one in
which the credits were accrued, Credits for Services
provided under the Agreement wil be applied for activity
beginning the first full month after January 4, 2011, Any
credits or payments related to the Service provided prior to
the first full month following January 4, 2011 and in
accordance with CMP, PID, PAP or any other wholesale
service quality standards wil no longer be applied beginning
the first full month after January 4, 2011,
4,2 QLSP Services are ordered utilzing the LSR process as
described in the Qwest wholesale website,
7,4
7.4,1 Installation Commitments Met. For each
installation commitment that Qwest, through its own
fault, fails to meet, Qwest will provide a service credit
equal to 100% of the nonrecurring charge for that
installation, Qwest wil use the state insta:ation .
July 25, 2011/mmslholesale Carrer Service, Inc,
Attachment 2 - QLSpq - (v3-23-11 )
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-11 0722-0008); (NM=CDS-11 0722-0009);
(ID=CDS-110722-0010); (SD=CDS-110722-0011); (UT=CDS-110722-0012); (WY=CDS-110722-0013)
4,3 Prior to placing an order on behalf of each End User
Customer, CLEC wil be responsible for obtaining and will
have in its possession a Proof of Authorization as set forth in
the Agreement.
4,4 When Qwest or another provider of choice, at the End User
Customer's request, orders the discontinuance of the End
User Customets existing service with CLEC, Qwest wilrender its closing bil to CLEC effective as of the
disconnection, Qwest wil 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,
4,5 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.
5.0 Qwest wil bil CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Biling period, in an
agreed upon standard electronic format, Biling information
will include a summary bil and individual End User
Customer sub-account information, If CLEC needs
additional or different biling information in order to properly
bil its End Users or other Carrers (including Qwest), Qwest
will work with CLEC in good faith to deliver such information.
6.0
6.1
Maintenance and Repair.
Qwest will maintain facilties and equipment that comprise
the QLSP Service provided to CLEC, CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Qwest facilties or equipment, other than by
connection or disconnection to any interface between Qwest
DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
QWEST LOCAL SERVICES PLATFORMQi AGREEMENT
ATTACHMENT 2-QLSPQi Service Description.nonrecurrng charge contained in the Agreement for
that order type in calculating the credit. The definition
of a "missed installation commitmenr and the
associated exclusions are described in Attchment 3 to
the Agreement.
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Qwest, through its
own fault, fails to resolve within 24 hours, Qwest wil
provide a service credit equal to one day's recurrng
charge (monthly recurring charge divided by 30) for
each day out of service beyond the first 24 hours, (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEC wil be entitled to a credit equal to the
monthly recurrng charge divided by 30. If the out-of-
service condition existed for 48 to 71 hours, the credit
would equal two times the monthly 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).
If selected by CLEC under the terms and conditions of the
Agreement and this Attchment, Qwest will, in Washington
only, provide performance measurements, reporting, and
remedies compliant with the Washington Perfrmance
Indicator Definitions ("PI Os') and the Qwest Washington
Performance Asurance 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
Creits terms and conditions for Services provided under the
Agreement and this Attachment outlined in Section 7,0 of
this Attachment.
8.1
8.2 The PIDs and PAP for Washington in their current form are
posted in the Qwest Wholesale PCAT, currently called
Negotiations Template Agreement PCAT, under Exhibit B
and Exhibit K for Washington, respectively, Those PIDs and
that PAP are incorporated by referenced into, and made a
part of, this Attachment. Subsequent changes to the PIDs 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 under applicable state rules and
have elected the PID and PAP under its Washington
interconnection agreement with Qwest.
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 Partes wil resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution proces described in the PAP,
.July 25, 2011/mmslholesale Carrer Services, Inc.
Attachment 2 - QLS~ - (v3-23-11)
(IA=CDS-110722-0006); (MT=CDS-11 0722-0007); (ND=CDS-11 0722-0008); (NM=CDS-11 0722-0009);
(ID=CDS-110722-o010); (SD=CDS-11 0722-0011); (UT=CDS-110722-0012); (W=CDS-11 0722-0013)
7
" DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
.ATTACHMENT 3
Performance Targets for Qwest QLSpTM Service
.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
DocuSignEnvelope 10: 909F8FCD-A 14A-40EG-BE9E-380E7305439B "
FOC.1 - Firm Order Confirmations (FOCs) On Time
Purpose:
Monitors the timeliness with which Qwest returns Firm Order Confirmations (FOCs) to CLECs in
response to LSRs received from CLECs, focusing on the degree to which FOCs are provided within
specified intervals.
Description:
Measures the percentage of Firm Order Confirmations (FOCs) that are provided to CLECs within the
intervals specified under "Performance Targets" below for FOC notifications.
. Includes all LSRs that are submitted through IMA-GUI and IMA-EDI interfaces that receive an FOC
during the reporting period, subject to exclusions specified below. (Acknowledgments sent
separately from an FOC (e.g., EDI997 transactions are not included.)
. For FOC-1A, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwests response with a FOC notification (notification date and time).
. For FOC-1 B, the interval measured is the period between the application date and time, as defined
~ herein, and Qwests response with a FOC notification (notification date and time).
. "Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC.
. "Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EDI and involve manual
processing.
. LSRs wil be evaluated according to the FOC interval categories shown in the "Performance
Targets" section below, based on the number of lines requested on the LSR or, where multiple
LSRs from the same CLEC are related, based on the combined number of lines requested on the
related LSRs.Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . FOC-1A: FOCs provided for fully electronic LSRs received via IMA-
GUI or IMA-EDI
FOC-1 B: FOCs provided for electronic/manual LSRs received via
IMA-GUI or IMA-EDI
.
.
Formula:
FOC-1A = 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 periodH x 100
FOC-1B = 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 QLSp™ Service
Page 2
DocuSign Envelope 10: 909F8FCD-A 14A-40EC-BE9E-380E7305439B
.
.
.
Exclusions:.LSRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the
"Performance Targets" section below, or servicelrequest types, deemed to be projects..Hours on Weekends and holidays. (Except for FOC-1A, which only excludes hours outside the
scheduled system up time.).LSRs with CLEC-requested FOC arrangements different from standard FOC arrangements..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the measure definition..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to
disallow duplicate LSR #'s.).Invalid startstoo 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
oroduct tvoe are considered ICB.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 3
DocuSign Envelope 10: 909F8FCD-A14A-40EG-BE9E-380E7305439B
ICM.1 . Installation Commitments Met
Purpose:
Evaluates the extent to which Owest installs services for Customers by the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
. All inward orders (Change, New, and Transfer order types) assigned a due date by Owest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all Corders
representing inward activity (with "i" and"T" action coded line USOCs). Also included are orders with
customer-requested due dates longer than the standard interval.
. Completion date on or before the Applicable Due Date recorded by Owest is counted as a met
due date. The Applicable Due Date is the original due date or, if changed or delayed by the
customer, the most recently revised due date, subject to the following: If Owest changes a due
date for Owest reasons, the Applicable Due Date is the customer-initiated due date, if any, that
is (a) subsequent to the original due date and (b) prior to a Owest-initiated, changed due date, if
any.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1 B No dispatches.
. Results for productservces listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
ICM-1C Interval Zone 1 and Interval Zone 2 areas.
.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) + (Total Orders
Completed in the Reporting Period)) x 100 .
Exclusions:
. Disconnect, From (another form of disconnect) and Record order types.
. Due dates missed for standard categories of customer and non-Owest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-Owest reasons are: Weather, Disaster, and Work Stoppage.
. 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.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 4
DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
.
.
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Product ReDortina Penormance Taraet:
MSA-Tvne:
QLSP-POTS QLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 5
DocuSignEnvelope 10: 909F8FCD-A 14AAOEC-6E9E-380E7305439B
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 additional lines consist of all C orders representing inward activity.
. Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date is theCLEC-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 I Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSA); and
01l-1B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
01l-1C Interval Zone 1 and Interval Zone 2 areas.
.
.
Formula:
E((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date
and the Applicable Date) - (Time intervals associated with CLEC-initiated due date changes or delays
occurring after the Applicable Due Date)) + Total Number of Orders Completed in the reporting period
Explanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business days) by total number of service orders completed in the reporting period.
.
Exclusions:
. Orders with CLEC requested due dates greater than the current standard intervaL.
. Disconnect, From (another form of disconnect) and Record order types.
. Records involving offcial company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
. Orders involving individual case basis (ICB) handling based on quantities of lines or orders
deemed to be projects.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 6
DocuSign Envelope 10: 909F8FCD-A14A-40E~BE9E-380E7305439B
.
.
.
Re orted As:
Avera e business da s
Zone-T e-
Performance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
6 Days
3.5 Days
Availabilty:
Penormance will be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
Notes:
1. According to this definition, the Applicable Due Date can
change, per successive CLEC-initiated due date changes or
delays, up to the point when a Qwest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(Le., with no further changes) as the date on which it was set
prior to the first Qwest-initiated due date change, if any.
Following the first Qwest-initiated due date change, any further
CLEC-initiated due date changes or delays are measured as
time intervals that are subtracted as indicated in the formula.
These delay time intervals are calculated as stated in the
description. (Though infrequent, in cases where multiple
Qwest-initiated due date changes occur, the stated method for
calculating delay intervals is applied to each pair of Qwest-
initiated due date change and subsequent CLEC-initiated due
date change or delay. The intervals thus calculated from each
pairing of Qwest and CLEC-initiated due dates are summed
and then subtracted as indicated in the formula.) The result of
this approach is that Qwest-initiated impacts on intervals are
counted in the reported interval, and CLEC-initiated impacts on
intervals are not counted in the reported intervaL.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service Page?
DocuSign Envelope 10: 909F8FCD-A 14A-40EC-BE9E-380E73054398
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 accrding to installations:
OOS24-1C 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) .1 (Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100 .
Exclusions:
. Trouble reports coded as follows:
For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit
Found OK, and Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer
Instruction, Carrier, Alternate Provider).
For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test
a 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 Owest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missinQ data essential to the calculation of the measurement per the measure definition..
ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service
Page 8
DocuSignEnvelope ID:9Q9F8FCD-A14A-40EG-BE9E-380E7305439B
.
.
.
Product Reporting:Penormance Targets:
MSA-TvDe -
... QLSP POTS .Dispatch and Non-Dispatch 190%
Zone-TvDe -
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 9
DocuSignEnvelop 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
MTTR.1 . Mean Time to Restore
Purpose:
Evaluates timeliness ofreoair, focusina how Ion a it takes to restore services to orooer ooeration.
Description:
Measures the average time taken to clear trouble reports.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified below.
. Includes customer direct reports, customer-relayed report, and test assist reports that result in a
trouble report.
. Time measured is from date and time of receiot to date and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Hours and Minutes
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
MTTR-1A Dispatches (Includes within MSA and outside MSA); and
MTTR-1 B 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:
l:((Date & Time Trouble Report Cleared) - (Date & Time Trouble Report Opened)) + (Total number of
Trouble Reports closed in the reporting period)
Exclusions:. Trouble reports coded as follows: .
- For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the
Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0
K (TOK), 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 Owest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement oer the measure definition.
.
ATTACHMENT 3 - Perfonnance Targets for Qwest QLSp™ Service Page 10 ..
Doc:uSignEnvelope 10: 909F8FCD-A14A-40Ee-BE9E-380E7305439B
.
.
.
Product Reporting:Penormance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-Tvoe -
.
Availabilty:Notes:
Performance wil be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 11
DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
TR.1 . Trouble Rate .
Purpose:
Evaluates the overall rate of trouble report 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 reportscoded
to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network
Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Owest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
- For products measured from WFA (Workorce Administration) data (products listed for Zone-
type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Owest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type".
. For products measured from MTAS data (products listed for MSA-type, trouble reports involving a
"no access" delay.)
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missinQ data essential to the calculation of the measurement Der the measure definition.
.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 12
Docu$ign Envelope 10: 909F8FCD-A 14A-40EG-BE9E-380E7305439B
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.
.
Product Reporting:Penormance Target:
MSAType:
... QLSP-POTS Diagnostic
Zone Type:.
Availabilty:Notes:
Performance wil be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 13
"
DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439Bt
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.
.
Qwest Local Services Platform™ (QLSpTM) Rate Page . Idaho
Janua 2011 throu hTerm*
109.8 Shared TransDort Purchase As Part of QLP'"
109..1 QLSP'" Residential Business and PAL in ID-S (Per MOU 0,0011100
109..2 0LSP'" Centrx ISDN BRI PAL in ID-N and PBX Analoa Trunks Per lineltnk UGUST -¡O,35
109.11 Loal Swlthln" Purchased As Part of nLSP'"
109.11.1 Port Basic Plan
109,11.1,1 Anal~Port 6,21
1"9.11,1,?Residential end user credit LAWUR 3,07 1
109.11,1.3 Effecve LSP'" Residential Analnn Port 3,14 1
109.11,1.4 Dinital Port Su;;itinn BRIISDNI 17.40
109.11,1.5 PBX DID Port 7.30
109.11.2 Intenllonallv Blank
109.11.Port If 90% YOY Volume Retenton Plan ReDutrment Ar Met
109,11.3,1 Anal~Port 5,59
109.11,3.2 Analnn Port Residential end user crit LAWUR 2,51 1
109.11,3.3 Effctve QLSP'" Residential Analoa Port 3.08 1
109.11.3.4 Dinitl Por Sun~rtinn BRIISDNI 17.40
109.11.3.5 PBX DID Port 7.30
109.11.4 Intenllonaliv Blank
109.11.5 Port If 115% YOY Volume Grow Plan RSDulremen Ar Met
109,11.5,1 Analnn Port tA,35
109.11,5.2 Analnn Port Residential end user crit LAWUR 1,40 1
109.11,5.3 Effectve QLSP'" Residential Analoa Port 2,95 1
109.11.5.4 Di ltal Port tSun~rtnn BRIISDN 17.4
109,11,5,5 PBX DID Port 7.30
109.11,6 Intnlionaliv Blank
109.11.7 Lol Switch Usa"e
109,11,7,1 ni SP'" Residential, Busines, and PAL in 10-8 IPerMOUI ~O,OOl343
109.11,7.2 QLSP'" Centrex ISDN BRI PAL in ID-N and PBX Anal~ Trunks IPer LlnefTrunk\UGUFM ~1,13
1n".11.8 Switch Features 2
109,11,8,1 Accunt Codes - ~r S'-tem AZPS 75,00
109,11,8.2 Attenant Accs Une Ilr Station Line DZR 10,00
109,11,8,3 Audible Messana Waitin MGN MWW 12,00
10°,11.8.4 Authorization Codes - ner S~tem AFYS 85.00
109,11.8,5 Automatic Line ETVPB 8,00
109,11,8,6 Automati Route Seleion - Common Enulnment Il S""tem F5GPG ~2200,OO
109.11,8,7 ('..11 Dron FlO ONLY ~5,OO
109.11.8.8 . Call Exc'usion - Automatic NXBIISDN ~5.00
109.11.8.9 Call Exclusion - Manual NA-FID $5.00
IDSNI
109,11,8,10 Call Foiwrdinn B"s" Une - Incoinn Onlv 69B1X 5,00
109,11,8,11 Call Foiwrdinn Don't Ans..r Incominn On 69A 5,00
109,11.8,12 all Foiwrdl'; Bu;ine I Don1 Answr Prorammable Servlæ Establishment SEPFA 50,00
109.11.8,13 Call Foiwrdln": Don't Answer I Call Foiwrdino Busv Customer Pmoramrnble. oer Line FSW 10,00
109.11,8.14 Call Waitinn Indication - ~rTimlno State WUT 25,00
109,11.8.15 Centrex Common Enuinment HYE HYS ~160,OO
109,11,8,16 CLAS-Call Trace Per rrnce NOUSOC 0.46
109,11,8,17 CLASS - Continuous Redial NSS 10,00
109,11,8,18 CLASS - Last Call Retum NSQ 10,00
109.11.8,19 CLASS- PrJri"Calllnn NSK 10.00
109.11.8.20 C ASS - Seleive Call FnrWrdino NeE 10,00
109.11.8.21 CLASS - Selective Call Rejecton FKQPN,NSY $10,00
109,11,8,22 Direct Station Selecion I Bus" Lamn Field. Ilr Arnnement BUD 8,00
109.11.8,23 Direted Call Plckun wih Bame-in 6MD 5.00
109,11.8.24 Directed Call Plck'¡ wihout Ba~e-in 690 5,00
109.11,8,25 Distincte RinntDistinctive "all Waltino RNN 5,00
109.11,8.26 EYnenslve Route Wamlnn Tone. ner Svstem AQWPS 90.00
109,11,8.27 "'rounlntercm GCN 8,00
109,11,8,28 HotUne, per Line HLN, HLA $8,00
109,11,8,29 Huntinn' Mult~ition Hunt ueulno MH5 55,00
109,11.8,30 Huntinn: Multnositon with Announcement in Queue MHW $5,00
109.11.8.31 Huntiiin: Multinosition wi Music in Queue MOHPS ~100,OO
109.11,8.32 ISDN Short Hunt NHGPG,$10,00
NHGPN
109,11,8,33 Loudsneaker Pan inn "er Trunk Groun PTQPG ICB
109,11,8,34 Make BusvArii;'ements "erGron A9AEX P89 ~2n,oo
109,11.8,35 Make BuS; Arr;¡ements -;r Line MBl ~10.00
109.11,8,36 Mesane Center nerMain Station Une MFR S8.00
109,11,8.37 Mesane Wa~inn Visual MV5 ICB
109.11.8.38 Music On Hold "er S'-tem MHHPS ~75,OO
109,11,8,39 PrivacvRelease K7KPK ~5,OO
109,11,8,40 0uen-Tlme QT1PK 55,00
109,11.8.41 SMOR-P - Archived Data SR7CX 5300,00
109,11,8.42 SMDR-P - Servlæ Establishment Charge, Initial Installation SEPSP,$165.00
SEPSR
109,11,8.43 Station Cam;n Service nerMain Statin CPK ~8,OO
109,11,8,44 Time of Da" Contrl for ARS Ilr Svsem ATBPS 5125,00
109.11,8,45 Time of Da" NCOS U""ate A4T 51,00
109.11.8.46 Time of Da" Routinn ~r Line ATB ~l,OO
in9.11.A.47 Trunk Verifcation frm Des;iiiated Station BVS ~100.00
109.11,8.48 UCD in Hunt Groun Ilr Line MHM 56,00
109,11,8,49 Premium Por Features. Additinal Char""~2,08
Qwt Local Service Platfnn '" Agreement QLSP'" Rate Sheet-Vl,2.3 04,11,08
DocuSign Envelope 10: 909F8FCD-A14A-40EG-BE9E-380E7305439B
Qwest Local Services Platform™ (QLSpTM) Rate Page . Idaho
Janua 4 2011 throu hTerm*
109,11,8.49,1 eMS. SVem Estblishment. Initial Installation MB5XX $1000.00
109,11,8.49,2 eMS. Svstem Establishment Subseouent Installation CPVWO 5500.00
109,11,8.49,3 CMS . Packet Contrl Canabllit ner S""em PTGPS 51500.00
109,11,8.49,4 Confrence Callinn . Meet Me MJJPK $5,00
109,11,8.49,5 Conference Callnn . Preet M09PK $5,00
109,11,8.49.6 Conference Callnn. Station Dial (6-Wavl GVT 55.00
109.11.9 Otr
109,11.9.1 Custom Number
109,11,9,1.1 Idaho Nort See Applicable Owt Retail 6
Tari, Catalog or Price List les
Discount (which ..ii be
provided pursuant to terms and
condliions in CLEC's ieA).
109,11,9.1.2 Idaho South See Applicable Owt Retail 6
Tari, Catalog or Price List less
Discount (which ..ii be
proided pursuant to terms and
condliions in CLEC's ieA).
109.11.9,2 PBX DID Comnlex Translations Dõnils Ou'" -Ised Channe Sõnnalinn $15,22
109.11,9.3 PBX DID Comnlex Translations Sõnnalinn Cha~e $35,52
109.11.9,4 PBX DID Block Comoromise $25.53
109.11.9,5 PBX DID Groun of 20 Numbers $31,36
109,11.9,6 PBX DID Reserve S~uentil # Blo $25,38
109.11.9,7 PBX DID Reserve Nonseauential Telenhone Numbes $23,67
109.11.9.8 PBX DID Nonseuential Teleohone Numbers .$33,18
109,11,10 Subsnuent Order Char""NHCUU $12,17 4
109,11,11 Owest Cornratlon QCI IntrLATA Toll LPIC 5123
109,11.11,1 Idaho North See Applicble Qwt Retail 6
Tari, Catalog or Price List less
Discunt (which ..ii be
provided pursuant to term and
conditns in CLEC's !CA),
109,11,11,2 Idaho South See Applicable Qwt Retail 6
Tari, Catalog or Price List less
Discunt (which ..II be
provided pursuant to terms and
condliions in CLEC's ieA).
109.20 Miscellaneous Charges 5
109.20.1 Deslnn . Nor
109.20,1.1 Maintenance of Service
109.20.1.1.1 Basic
109.20,1,1.1.1 First Increment MVWXX -
109,20,1.1..2 Each Additional Increment MVW1X ..
109,20,1.1,2 rlertme
109,20,1.1,2,1 First Incrment MVOX ..
109.20.1.1.2,2 Each Additional Incrment MV2X ..
109,20,1,1.3 Premium
109.20,1,1,3,1 Firs Incrment MVPX ..
109.20,1,1,3,2 Each Additional Incrment MV3X ..
109.20.1.2 Ootional Testino (Additional Labor
109.20.1,2.1 Basic Firs and Each Additional Increment OTNBX ..
109.20.1,2.2 Overtme First and Each Additional Increment OTNOX ..
109,20,1,2,3 Premium Firs and Each Additional Increment OTNPX ..
109,20,1,3 Disoatch (Addlilonal Disiitch . No trouble found VT6DC ..
109,20.1.4 Disnatch for Maintenance of Servic. No Trouble Found VTDM ..
109,20,2 Desinn and Non.Des"'n . Nor
109,20,2.1 Trio Charoe - Premises Visli Chame SCO ..
109,20,2.2 Prmises Wor Chame
109.20.2,2.1 Basic
109,20,2,2,1,1 First Increment HRD11 ..
109,20,2,2,1,2 Each Additonallncrement HRDA1 ..
109,20,2,2,2 Overtme
109,20,2,2,2,1 First Increment HRD12 ..
109,20,2,2,2,2 Each Addltionallncrmenl HRDA2 ..
109,20,2,2,3 Premium
109,20,2.2,3,1 Firs Incrment HRD13 ..
109.20,2.2,3.2 Each Additional Incrment HRDA3 ..
109.20,2,3 Netwk Premises WorK Chame
109.20.2.3.1 Basic First Incrment HRR11 -
109.20.2,3.2 Basic Each Additional Incrment HRRA1 ..
109,20.2,3.3 Overtme First Incrment HRR12 ..
109.20,2,3.4 Overtme Each Additional Incrment HRRA ..
109.20.2,3.5 Premium First Incrment HRR13 ..
109,20.2.3.6 Premium Each Additional Increment HRRA3 ..
109.20.2,4 DateChanne VT6DC ..
Qwst Local Services Plalfonn TM Agreement QLSp™ Rate Sheet-V1,2.3 04,11,08
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DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
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Qwest Local Servces Platform™ (QLSpTM) Rate Page . Idaho
Janua 4 2011 throu hTerm*
Desion Channe H28 ..
Ex""ite Char; Per d'¡advanced EODDB ..
Cancellation Charne NoUSOC ICB
109.20.3 N"n.nI"n - Sout
109,20,3,1 Netwrk Premises Work Chame
109,20,3.1.1 All Hours 1 st 15 minute HRH11 ..
109,20.3.1.2 All Hours next three 15 minute HRHA1 ..
109.20,3.1.3 All Hours ea addt'l 15 minutes HRDA1 ..
109.20.4 Des'nn . South
109,20.41 Maintenance of Service
10Q,20,4.1.Basic
109.20.4.1.,1 First Incrment MVWXX -
109.20.4,1,1,2 Each Additional Incrment MVW1X -
109,20.4.1,2 Overtme
109,20.4.1.2,1 First Incrment MlOX ..
109.20.41,2,2 Each Additonal Incrment Ml2X ..
109,20.41.3,1 Premium
109.20.4,1~1 Firs Incrment MlPX ..
109.20,4,1,3,2 Each Additional Incrment MVW3X -
,nO?nA?,.
..T""V -
109.20,4,2.2 Overtme First and Each Additonal Incrment OTNOX ..
109,20,4,2.3 Premium Fi.. and Each Additional Incrent OTNPX ..
109,20.4.3 Dis""tch Additonal Disnatc - No trouble found)VT6DC ..
109,20,4,4 Dis""tc for Maintenance of Service - No Trouble Found VTDM ..
109.20.4,5 Netwrk Premises Work Cha e
109.20.4.5.1 Basic
109.20.2.5,1.1 First Incrment HRH11 -
109.20.2,5,1,2 Each Additionellncrment HRHA1 ..
109,20.4,5.2 Overtime
109,20.2,5,2,1 Firs Incrmet HRH12 ..
1 n9,20.2.5,2,2 Each Additional Increment HRHA2 ..
109.20.4,5,3 Premium
109,20,2,5,3.1 First Increment HRH13 ..
109.20,2,5,3,2 Each Additional Incrment HRHA3 -
109,20,5 Des'"n and Non.Deslnn - South
109.20.5,1 Trln Chame - Premis Visit Chame NRTCY ..
109.20.5,2 Premises Work C~
109.20.5.2,1 Basic
109.20,5,2,1.1 First Increment HRD11 -
109.20.5,2,1,2 Each Additonal Increment HRDA1 -
1 n9,2 ,5,2.2 Overtme
109,20,5,2,2,1 First Incrnt HRD12 ..
109.20,5.2.2,2 Each Additional Increment HRDA2 ..
109.20,5,2,3 Premium
109.20,5,2,3,1 Firs Incrment HRD13 ..
109.20.5,2,3,2 Each Aditional Incrment HRDA3 ..
109.20.5.3 DateChanne VT6Dr:..
109.20.5.4 Desinn Channe H28 ..
109,20,5,5 Ex""lte Charne Per day advanced EODDB ..
109,20,5,6 Cancellatin Charne NoUSOC ICB
109.~3 0LSP" Installation and Conversion Nonrecurrlnn Cha~es NRCs
109.23.1 Conversion Nonreurrnn Cha~es
109,23,1,1 OLSP" Business Centrex PAL and PBX Anloo non-DID Tninka ResidenUal
109.23.1.1,1 First Line MArhanizedl URCCU ~1,50
109,23,1,1.2 Each Additional Line Mecanized URCCY SO.50
109,23.1.,3 Firs Line Manual)URCCV 515.0
109,23,1..4 Each Additional Line 'Manual URCCZ 53,00
109.23.1.2 "LSP" PBX DID Tninka
109.23,1.2,1 FlrstTrunk URCCD 528,84
109,23.1.2.2 Each Additional ~2,73
109,23,1,3 "LSP" ISDN BRI
109,23.1,3,1 First URCCU 530,66
109.23.1,3,2 Each Additnal 52,73
109.23.2 Installatton Nonrecurrnn Char""s
109,23,2.1 '" "P" Busines Cantrex P and PBX Analo non-ÐID Tninks Resldenllal
109,23,2.1.1 First Line Mechanized NHCRA 550,00
109.23.2.1,2 Each Additnal LlnelMechanized\NHCR"518,00
109.23.2,1,3 First Line /Manual NHCRB S75.00
109.23,2.1.4 Each Additonal Line IManuall NHCRD 520,00
109,23,2,2 QLSP" Analnn DID PBX Tninks 515.21
109.23.2,3 "LSP" ISDN-BRI S272,96
Qw Locl Services Platfnn 1M Agreement QLSP1M Rate Sheet-V1,2,3 04.11.08 3
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DocuSign Envelope 10: 909F8FCD-A14A-40EC-BE9E-380E7305439B
.
109.23.3,2 Idaho South
See Applicable Qwt Retail
Tari, Catalog or Price List les
Discount (whic ,.11 be
provided pursuant to te and
conditions in CLEC's ieA).
See Applicable Qwt Retail
Tari, Catalog or Price List less
Discount (which ,.11 be
provided pursuant to terms and
conditions in CLEC's ieA).
6
6
109.23.4 est Voice Messa in Services
109.23.4.1 Idaho Nort See Applicable Qwt Retail
Tari, Catalog or Price List less
Discount (which ,.11 be
provided pursant to terms and
conditions in CLEC's ICA),
See Applicable Qwt Retail
Tari, catalog or Price List less
Discount (which ,.11 be
provided pursuant to terms and
conditions in CLEC's ieA).
6
109.23,42 Idaho South 6
112 o raDonal Su ort S stems
112.1 Develoments and Enhancements er Local Service Re uest
112.2 On oin 0 erations er Locl Service Re uest
112.3 Dally Usage Records File, per Recrd
All charges and increment
equal the comparable charges
and increments provided in the
Owest Wholesale PCAT,Il
Universal Service Order Codes (USOCs) have ben provided in an effrt to ease itm description and USOC association wi charges. In the event USOCs are inaccrate
or are revised, Owet reerves the riht to colT the Rate Sheelln the event of any signifcant change(s), notition ";11 be provided via the standard notication
See Applicable Owt Retail Tari, Catalog or Price Lis for all charges and incrments.
OLSP'" Business and Residential service utilize the same Class of Service and line Universl Servce Order co9$ (USOCs), OLSP'" Residential services will be biled at
the Analog Port rate and only those lines that spaiflly qualif for and are identied as seing a reidential end-user customer by the preence of the LAWUR USOC will
reive the Residentil end user aeit.
2 OLSP'" service includes nondiscriminatory acc to all vertcal switch features that are loaded In Qwls End Of S,.ic, See the peAT for all compatible and
available verticl swtch features, Only vertcal swi features with Non-Recrrng, Recurrng, or Per Occrrnce charges are listed, Non-Recrring charges are applicable
whenever a feature is added - whether on new installatin, conversion, or change order actvily, Those vertcal s,.ic fetures not list have a rate of $0 for Monthly
Recuning, Non-Recurrng, or Per Occrrnce charges.
.
3 Reserved for future use,
4 The Subsuent Orer Charge is applicble on a per order basis when changes are requested to existing service, Including changing a telephone number, Initiating or
removing Suspension or Service, denying or restoring service. adding, removing, or changing features, and other similar requests.
5 OLSP'" ISDN BRI and PBX are "Design", Remaining OLSP'" services are 'Non-Design'. All charges and increments shall be the same as the comparable charges and
incrments provided in Qwt Retail Tari, catalos, or Price Lists and are subject to change based on changes in those underiying Qwst Retail Tarif, Catalos, or
Price Lists. In the event a rate changes, notifcation will be provided via the standard notifcation proce.
6 Where the service has been deemed to be a Telecommunications Service, the Discount will be provided pursuant to CLEC's ieA Where the service is not a
Telecommunications Service, the discunt will be 18%.
.
Qwst Locl Servics Platform TM Agreement QLSp™ Rete Sheet-V1,2,3 04.11.08 4