20110124Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
lA 9~ 21
lU\\ Jf\N 24 An
Maura E. Peterson
Paralegal
Reg ulatory Law
Qwest~
Spirit of Service~
Via Overnight delivery
January 21,2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. USW-T-00-5
Application for Approval of Amendment to the Interconnection Agreement
Integra Telecom of Idaho, Inc.
Dear Ms. Jewell:
Enclosed for fiing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approvaL.
Please contact me iLou have any questions concerning the enclosed. Thank you for your,.. '.
assistance i i 'mattèt.
!¡
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr(Q q west.com
REeE
iO\ \ JÀN 2.4 i\~ 9: 21
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: USW-T-OO-5
APPLICATION FOR APPROVAL OF'
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilities Commission on April 26, 2000 (the "Agreement"). The Amendment with Integra
Telecom of Idaho, Inc. ("Integra") is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communicatiolll
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commssion finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrer not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commssion, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment wil enable Integra to
APPLICATION FOR APPRO V AL OF AMNDMENT TO THH INTERCONNECTION AGREEMENT - Page J
Integra Telecom of Idaho, Inc.
QSLP Amendment
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest further requests that the Commssion approve this Amendment without a hearng.
Because this Amendment 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 public interest.
Respectfully submitted this 21st day of January, 2011.
~~.I ese~t corp. ?rationLt/v\av \
Adam L. Sherr
Attorney for Qwest
t--f-'.
,,~..,
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 2
Integra Telecom of Idaho, Inc.
QSLP Amendment
CERTIFICATE OF SERVICE
I hereby certify that on this 21st day of January, 2011, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION
AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡jewell (g puc. state.id.us
Hand Deli very
U. S. Mail
_X-. Overnight Delivery
Facsimile
Email
Integra Telecom Holdings, Inc.
Legal Deparment
730 2nd Ave South, Suite 900
Minneapolis, MN 55402
Hand Delivery
-- u. S. Mail
Overnight Delivery
Facsimile
Email--
~~~i/""~\r _~:.~, . ........¡ ,"". -"',~.:",-,/: ~~~_:-)-_:~,=;,
Maura PetersOR
Paralegal, Qwest Corporation
APPLICATION FOR APPRO V AL OF AMNDMENT TO THE (NTERCONNECTION AGREEMENT - Page 3
Integra Telecom of Idaho, Inc.
QSLP Amendment
c :F',., 1."~J l . fl!J4 2LluH.hti. ., Art 9: 27
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NOTICE INFORMATION: All wr notic8S r&qure und this AgaFi shll be senttotnefQnpwln8:
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1201 NE; Uö.yd BlV., Suite 60
Pon1and, Olqon97232
PhÖfè#: 50 453-118
Fåosrnll 11:503 453.8223
E-mail:"Altiitrori:J.ry 0X, G$erf co~i
Wfcoto:(N!! Law DeparntWli1e Intél.rmlon
1$01 Ca1Uli SJt. 101lAoor
Denver, CO 80202Phøn: 303-8365Emal: Løl¡kite0nnsdoo~~om
willSO;. '.
Inlefà töleoom Holdngs; IncLegal Depart
130 2n.Avamie So.uth, Suit 90
MIneapOlis, MN 550.E'-ift: jjgi_om,com
APLICA$SlATEl:.- Nt)rl Oakôta.. Ore
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AUachi1t 2 toth ~i1t)¡or
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(PIO/PAP) for Washington ooly. as desclhed In'SeOl8.0 of Attachment2lD this Agr&amnt).
Wyoming
Qwest l!!'es to øferand CLEC .Intends to P\llØl¡ Serve In
too stte lndloated belbw by ClEC's slat il"ltng (or an
"X") on tna a¡pl1cbl b181ksNoie If ql.E.C Cl\B tt
Indicate W.hlt1tø. CLiC mll$t seleDtonly .ø'I'l) (i .tbWa!lhlngtn ~Qff. . cLECiny not clng& lt
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Idaho
Iowa
Mínnesota
Montan
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New MexICo
Novemoèr 4,20tOJJoIlntegra Qw8t QlSpTh MS - (viQ.1S-10)
AZ..OS401021.Q024r CO-OS-tot021.002S; LO-C08-101021.(1)26: IA-GOS.101021.Q027; MN-CS-t01021~t
N£-CDS-101 \);21-0.02$; NM.CDS.1 01 021-0030; ND..CDS..1 01021-o0:l1; OR-COS..101021..32:;SD.CDS.101021-"33:
UT-GOS.10102HI034: WA-GD8-101021.005 På91òf1.3.
. QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
-.his Qwest Local Services Platform™ ("QLSpTM") Agreement, together with the Attachments and Rate Sheets, incorporated
herein by reference, ("Agreement") is between Qwest Corporation ("Qwest") and Integra Telecom Holdings, Inc., on
behalf of itself and each of its named Subsidiaries: Electric Lightwave, LLC, Integra Telecom of Arizona, Inc., Integra
Telecom of Colorado, Inc., Integra Telecom of Iowa, Inc., Integra Telecom of Utah, Inc., Integra Telecom of North
Dakota, Inc., Integra Telecom of Minnesota, Inc., Integra Telecom of Idaho, Inc., Integra Telecom of South Dakota,
Inc., Integra Telecom of Nebraska, Inc., Integra Telecom of New Mexico, Inc. and Integra Telecom of Washington, Inc.
(collectively referred to as "CLEC") (Qwest and CLEC are 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 the Agreement.
Qwest Corporation:CLEC:
By:
Name:
Title:
Date:
By:
Name: L. T. Christensen
Title: Director - Wholesale Contracts
Date:
NOTICE INFORMATION: All written notices required under this Agreement shall be sent to the following:
Qwest Corporation:
Director - Interconnection Agreements
1801 California Street, 24th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
.ail: intagreeßùgwest.com
CLEC:
Integra Telecom Holdings, Inc.,
1201 NE Lloyd Blvd., Suite 500
Portland, Oregon 97232
Phone #: [phone]
Facsimile #: 503 453-8223
E-mail: iioxleyßùintegratelecom.com
Attention: J. Jeffery Oxley, General Counsel
With copy to:
Qwest Law Department
Wholesale Interconnecton
1801 Califomia Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectionßùgwest.com
With copy to:
Integra Telecom Holdings, Inc
Legal Department
730 2nd Avenue South, Suite 900
Minneapolis, MN 55402
E-mail: iioxleyßùintegratelecm.com
APPLICABLE STATES:-2 North Dakota
-2 Oregon
-2 South Dakota
-2 Utah
Qwest agrees to offer and CLEC intends to purchase Service in
the states indicated below by CLEC'ssignatory initialing (or an
"X") on the applicable blanks. Note: If CLEC chooses to
indicate Washington, CLEC must select only one (1) of the
Washington Service offerings. CLEC may not change its
Washington selection after this Agreement is executed.
Washington 7.0 (with Commercial Performance
Measures and Reporting, Performance Targets and
Service Credits, as described in Section 7.0 of
Attachment 2 to this Agreement); or
Arizona
Colorado
Idaho
Iowa
Minnesota
Montana
-2 Nebraska
-2 New Mexico
.ovember 4, 2010/kjcllntegra/ Qwest QLSpTM MSA - (v10-15-10)
ÄZ-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-Q029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-101021-Q032; SD-CDS-101021-0033;
UT-CDS-101021-0034; WA-CDS-1 01 021-0035
-2-2-2-2-2
-2 Washington 8.0 (with Service Performance Measures
and Reporting and Performance Assurance Plan
(PID/PAP) for Washington only, as described in Section
8.0 of Attachment 2 to this Agreement).
Wyoming
Page 1 of 13
.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:
1. Definitions. Capitalized terms used herein are defined in
Attachment 1.
2. Effective Date. This Agreement is effective upon tle
later of (i) January 4, 2011 or (ii) the date that it is fully executed by all
of the Partes ("Effective Date").
2.1 CLEC's Qwst Platfrm Plus™ Master Services Agreement,
if any, is terminated immediately upon execution of this Agreement,
and Owest will provide CLEC local platform service only pursuant to
the terms and conditions of this Agreement. The efectve billng date
for QLSP services will be the latest date of execution by the Partes.
3. Term. The term of this Agreement begins on the
Effective Date and continues through December 31, 2013. In the
event that at the expiration of this Agreement CLEC has any remaining
Customers served under this Agreement, Owest may immediately
convert CLEC to an equivalent alternative service at market-based
wholesale rates.
4. Scope of Aareement; Service Provisioning; Controllng
Documents; Change of Law; Eligibilty for Services under this
Agreement; Non-Applicabilty of Change Management Process.
4.1 The Services ("Services") described in this Agreement will
only be provided in Qwests incumbent LEC service terrtory in the
states of Anzona, 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 Service hereunder, the following order of
precedence will apply in descending order of control: an Attchment,
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 Owest 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 Owest or CLEC from taking any position in any
forum concerning the proper interpretation or effect of the Existing
Rules or concerning whether the Existing Rules should be changed,
vacated, dismissed, stayed or modified.
4.4 If any change in Applicable Law materially impairs a Part's
abilty to perform or obtain a benefit under this Agreement, both Parties
agree to negotiate in good faith such changes as may be necessary to
address such material impairment.
4.5 To receive services under this Agreement, CLEC must be a
certfied CLEC under Applicable Law. CLEC may not purchase or
utilze Servce covered under this Agreement for its own
administrtive use or for the use by an Affliate.
4.6 Except as otherwse provided in this Agreement, the Partes
agree that Services provided under this Agreement .are not subject to
the Owest Wholesale Change Management Process ("CMP"). Qwests
Performance Indicators ("PID"), Performance Assurance Plan ("PAP"),
or any other wholesale service quality standards, or liquidated
damages and remedies. Except as otherwse provided, CLEC hereby
waives any rights it may have under the PID, PAP and all other
wholesale service quality standards to liquidated damages, and
remedies with respect to Services provided pursuant to this
Agreement. Any CLEC-proposed changes to the attributes of any
Service or process enhancements will be communicated through the
standard accunt interfaces. Change requests common to shared
systems and processes subject to CMP will continue to be addressed
via the CMP procedures.
5. CLEC Infonnation. 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 Owest 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 Service and applicable rates are s.
forth in the Attchments hereto and Rate Sheets. The Partes agre
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 place upon the other
Part. However, where the sellng Part is specifically permitted by
Applicable Law to collect such Taxes from the purchasing Part, such
Taxes shall be borne by the Part purchasing the services. Taxes
shall be biled as a separate item on the invoice in accordance with
Applicable Law. The Part biling such Taxes shall, at the wrtten
request of the Part being biled, provide the biled Part with detailed
information regarding biled Taxes, including the applicable Tax
jurisdiction, rate, and base upon which the Tax is applied. If either
Part (the Contesting Part) contests the application of any Tax
collected by the other Part (the Collecting Part), the Collecting Part
shall reasonably cooperate in good faith with the Contesting Part's
challenge. provided that the Contesting Part pays all reasonable costs
incurred by the Collecting Part. The Contesting Part is entiUed 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 accpts the certficate in good faith. If a Part
becomes aware that any Tax is incorrectly or erroneously collected by
that Part from the other Part or paid by the other Part to that Part,
November 4, 2010/kjcllntegral Owest OLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-101021-o032; SD-CDS-101021-0033;
UT-CDS-101021-o034; WA-CDS-1 01 021-0035
.
Page 2 of 13
.e Party that. received such Tax shall refund the incorrectly or
oneously collected Tax or paid Tax to the other Part.
6.3 Each Part is solely responsible for any tax on its corporate
existence, status or income and each Part shall be solely responsible
for all taxes on its own business, the measure of which is its own net
income or net wort and shall be responsible for any related tax filings,
payment, protest, audit and litigation. Each Part shall be solely
responsible for the biling, collection and proper remittnce of all
applicable Taxes relating to its own service provided to its own
Customers.
7. Intellectual Property.
7.1 Except for a license to use any facilties or equipment
(including softre) solely for the purposes of this Agreement or toreceive Service solely as provided in this Agreement or as specifically
required by the then-applicable federal rules and regulations relating to
Services provided under this Agreement, nothing contained in this
Agreement shall be construed as the grant of a license, either express
or implied, with respect to any patent, copyright, trade name,
trdemark, service mark, trade secret, or other proprietary interest or
intellectual propert, now or hereafter owned, controlled or licensable
by either Part. Neither Part may use any patent, copyright, trade
name, trademark, service mark, trde secret, nor other proprietary
interest or intellectual propert, now or hereafter owned, contrlled or
licensable by either Part without execution of a separate written
agreement betwen 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
_rvices provided by the Indemnifying Part provided or used pursuant
. the terms of this Agreement misappropriate or otherwse violate the
ntellectual propert rights of any third part. The obligation for
indemnification 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 facilties or servces of any other Peron
(including the Indemnified Part but excluding the Indemnifying
Part and any of its Affliates), which combination is not made by
or at the directon of the Indemnifying Part or is not reasonably
necessary to CLEC's use of the Services offered by Owst under
this Agreement; or
B. any modifcation made to the faciities or services of the
Indemnifyng 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 infringing facility or service or replace or modify any infringing
facility or service to make such facilty or service non-infrnging.
7.4 If the Indemnifyng Part is not reasonably able to obtain the
right for continued use or to replace or modify the facilty or service as
provided above and either the facilty or service is held to be infringing
by a court of competent jurisdiction or the Indemnifying Part
reasonably believes that the facilty or service will be held to infringe,
the Indemnifying Part will notify the Indemnified Part and the Partes
will negotiate in good faith regarding reasonable modifications to this
Agreement necsary to mitigate damage or comply with an injunction
which may result from such infringement or allow cessation of furter
infringement.
7.5 The Indemnifying Part may request that the Indemnified
Part take steps to mitigate damages resulting from the infrngement or
alleged infrngement including, but not limited to, accepting
modifications to the facilities or services, and such request shall not be
unreasonably denied.
7.6 To the extent required under Applicable Law, Qwest shall
use commercially reasonable effrts to obtain, from its vendors who
have licensed intellectual propert rights to Qwest in connecton with
Servces provided hereunder, licenses under such intellectual propert
rights as necessary for CLEC to use such Service as contemplated
hereunder and at least in the same manner used by Owst for the
Services provided hereunder. Qwest shall notify CLEC immediately in
the event that Qwest believes it has used its commercially reasonable
efforts tò obtain such rights, but has been unsuccsfl in obtaining
such rights. Nothing in this subsection shall be constred in any way
to condition, limit, or alter a Part's indemnifcation obligations under
Secion 7.2, precing.
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 business association or
any similar arrangement with the other or its Affliates; the other Part
and its Affliates are in any way sponsoring, endorsing or certfying it
and its goods and 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 its Affliates. In addition, CLEC, including its employees,
representatives and agents, will not state or otherwse indicate, directly
or indirectly, to its end-users or prospectve end-users: (a) that they will
be Qwest customers or that they may obtain Qwest service from CLEC
or (b) that CLEC has or the end-user will 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 communicate
that Qwest is one of the underlying carrers from which CLEC
purchases services if CLEC has obtained the prior wrtten consent of
the Qwest Law Department. This is a non-exclusive agreement.
Nothing in this Agreement prevents Owst from offering to sell or
sellng any service to other parties.
7.8 Nothing in this Section prevents either Part frm trthfully
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 constitutes a license authorizing their use,
and in no event will CLEC, incuding its employees, representatives
and agents, attempt to sell any Service to its end-users using the
name, brand or identity of Owest 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 Obligation. Amounts payable under this
Agreement are due and payable within thirt (30) Days after the date of
invoice ("Payment Due Date"). If the Payment Due Date falls on a
.ovember 4, 2010/kjcllntegral Qwest QLSpTM MSA - (v10-15-10)
WK-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-1 01 021-0032; SD-CDS-101021-0033;
UT-CDS-101021-0034; WA-CDS-101021-0035
Page 3 of 13
Sunday or on a holiday which is observed on a Monday, the payment
date will be the first non-holiday day following such Sunday or holiday.
If such a payment date falls on a Saturday or on a holiday which is
observed on Tuesday, Wednesday, Thursday or Friday, the payment
date shall. be the last non-holiday day preceding such Saturday or
holiday. For invoices distrbuted 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 good faith disputed amount as provided
for in this Agreement, within thirt (30) Days following the Payment
Due Date; provided that Qwest has first notified CLEC in wrting at
least ten (10) business days prior to discontinuing the processing of
orders for Service. If Qwest does not refuse to accpt additional
orders for Service on the date specified in the ten (10) business days
notice, and CLEC's non-compliance continues, nothing contained
herein shall preclude Qwests right to refuse to accpt additional orders
for Services from CLEC without furter notice. For order processing to
resume, CLEC will be required to cure any breach and make full
payment of all past-due charges for Services not disputed in good faith
under this Agreement, and Qwest may require a deposit (or recalculate
the deposit) pursuant to Section 8.5. In addition to other remedies that
may be available at law or equity, Qwest reserves the right to seek
equitable relief including injunctive relief and specific performance.
8.3 Disconnection. Qwest may disconnec any Servces
provided under this Agreement for any breach by CLEC of this
Agreement that is not cured by CLEC in accrdance with Section 11
herein, including without limitation, failure by CLEC to make full
payment for such Services, less any good faith disputed amount as
provided for in this Agreement, within sixt (60) Days following the
Payment Due Date provided that Qwest 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 Qwest does not disconnect
CLEC's Servce on the date specified in the ten (10) business days
notice, and CLEC's noncompliance continues, nothing contained
herein shall preclude Qwests right to disconnect any or all Services.
For reconnection of the Service to occur, CLEC will be required to
make full payment of all past and current undisputed charges under
this Agreement for Services and Qwest may require a deposit (or
recalculate the deposit) pursuant to Section 8.5. In addition to other
remedies that may be available at law or equity, Qwest reserves the
right to seek equitable relief, including injunctive relief and specific
performance. Notwthstanding the foregoing,Qwst will not effect a
disconnection pursuant to this Section 8.3 in such manner that CLEC
may not reasonably comply with Applicable Law conceming End User
Customer disconnection and notification, provided that, the foregoing is
subject to CLEC's reasonable dilgence in effecting such compliance.
8.4 Billng Disputes. Should CLEC dispute, in good faith, and
withhold payment on any portion of the charges under this Agreement.
CLEC will notify Qwest in wrting within fifteen (15) Days following the
Payment Due Date identifying the amount, reason and rationale of
such dispute. At a minimum, CLEC will pay all undisputed amounts
due to Qwest. Both CLEC and Qwest agree to expedite the
investigation of any disputed amounts, promptly provide reasonably
requested documentation regarding the amount disputed, and wo~
good faith in an effrt to resolve and sette the dispute through infom..
means prior to invoking any other rights or remedies.
A. If CLEC disputes charges and does not pay such charges by
the Payment Due Date, such charges may be subject to late
payment charges. If the disputed charges have been withheld
and the dispute is resolved in favor of Qwest, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing further dispute resolution. If the
disputed charges have been withheld and the dispute is resolved
in favor of CLEC, Qwest will credit CLEC's bil for the amount of
the disputed charges and any late payment charges that have
been assessed no later than the second Bil Date after the
resolution of the dispute.
B. If CLEC pays the disputed charges and the dispute is
resolved in favor of Qwst, no furter action is required. If CLEC
pays the charges disputed at the time of payment or at any time
thereafter, and the dispute is resolved in favor of the CLEC,
Qwest will adjust the Biling, usually within tw Billng cycles after
the resolution of the dispute, as follows: Qwest will 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 will be the
same rate as late payment charges. In no event, however, will
any late payment charges be assessed on any previously
assessed late payment charges.
D. If CLEC fails to dispute a rate or charge within 60 D.
following the invoice date on which the rate or charge appear
adjustment will be made on a going-forwrd basis only, beginning
with the date of the dispute.
8.5 Security Deposits. In the event of a material adverse
change in CLEC's financial condition subsequent to the Effective Date
of this Agreement, Qwest may request a security deposit. A "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 Qwest due to a previous failure to pay undisputed charges in a
timely manner or due to the failure by CLEC to cure a breach of this
Agreement in a timely manner. Qwest may require a deposit to be
held as security for the payment of charges before the orders from
CLEC will be provisioned and completed or before reconnection of
Service. "Repeatedly Delinquent" means any payment of a material
amount of total monthly Billng under this Agreement received after the
Payment Due Date, three (3) or more times during the last twlve (12)
month period. The deposit may not exceed the estimated total monthly
charges for a tw (2) month period based upon recent Biling. The
deposit may be an irrevocable bank letter of credit, a letter of credit
with terms and conditions acceptable to Qwest, 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
will the security deposit exceed five milion dollars ($5,000,000.00).
Required deposits are due and payable within thirt (30) Days after.November 4, 201 O/kjcllntegral Qwest QLSpTM MSA - (v1 0-15-1 0)
AZ-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-D029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-1 01 021-0032; SD-CDS-1 01 021-0033;
UT-CDS-101 021-D034; WA-CDS-1 01 021-0035
Page 40f 13
.mand and non-payment is subject to the temis and provisions of
ction 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 fort in Section 8.7 below, whichever is lower, except as otherwse
required by law, provided that, for elimination of doubt, the Partes
agree that such deposits are not subject to state laws or regulations
relating to consumer or End User Customer cash deposits. Cash
deposits and accrued interest, if applicable, will be credited to CLEC's
accunt 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 timely
payments of undisputed amounts in full by CLEC. Upon a material
change in financial standing, CLEC may request, and Qwest will
consider, a recalculation of the deposit. The fact that a deposit has
been made does not relieve CLEC from any requirements of this
Agreement.
8.7 Late Payent Charge. If any portion of the payment is
received by Qwest after the Payment Due Date, or if any portion of the
payment is received by Qwest in funds that are not immediately
available, then a late payment chrge will be due to Qwest. The late
payment charge is the portion of the payment not received by the
Payment Due Date multiplied by a late factor. The late factor is the
lesser of (i) the highest interest rate (in decimal value) which may be
levied by law for commercial transactons, 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 Owst.
.8 CLEC must not remit payment for the Services with funds
tained through the American Recovery and Reinvestment Act (or
RRA) or other similar stimulus grants or loans that would obligate
Qwest to provide certain infomiation or perfomi certin functons
unless those functions and obligations are specifically agreed to by the
partes in this Agreement or in an amendment to this Agreement.
9. Conversions. If CLEC is obtaining services from
Qwest under an arrngement or agreement that includes the
application of temiination liabilty assessment (TLA) or minimum period
charges, and if CLEC wishes to convert such services to a Service
under this Agreement, the conversion of such services will not be
delayed due to the applicabilty of TLA' or minimum period charges.
The applicabilty of such charges is governed by the temis of the
original agreement, Tariff or arrngement. Nothing herein will be
costrued as expanding the rights otherwse granted by this
Agreement or by law to elect to make such conversions.
10. Customer Contacts. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' servce
needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble reports,
repair, post-sale servicing, Biling, collection and inquiry. CLEC will
infomi its End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contacting Qwest will be
instrcted to contact CLEC, and Owsts End User Customers
contacting CLEC will be instructed to contact Qwest. In responding to
calls, neither Part will make disparaging remarks about the other
Part. To the extent the correct provider can be detemiined,
misdirected calls received by either Part will be referred to the proper
provider of Local Exchange Service; however, nothing in this
Agreement shall be deemed to prohibit Qwest or CLEC from
discussing its products and services with CLEC's or Qwests End User
Customers who call the other Part.
10.1 In the event Qwest temiinates Service to CLEC for any
reason, CLEC will provide any and all necessary notic to its End User
Customers of the temiination. In no case will Owst 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 Agreement and such default or violation
continues for thirt (30) Days after wrtten notice thereof, the other
Part may temiinate this Agreement and seek relief in accrdance with
any remedy available under this Agreement, including without
limitation, the Dispute Resolution provisions of Section 25 herein and,
in addition to the foregoing, Owst may cease to accpt orders from
CLEC for Servces 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 will 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 otherwse limited by this Agreement to outage credits or other
service credits, in which case Qwests total liability will not exced 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 profts, lost revenues, lost
savings suffered by the other Part regardless of the fomi of action,
whether in contract, warranty, strict liabilty, tort, including, without
limitation, negligence of any kind and regardless of whether the Partes
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 Part pursuant to the foregoing exclusion, other
than direct damages, will be limited to a total cap equal to one hundred
per cent (100%) of the annualized run rate of total amounts charged by
Qwest to CLEC under this Agreement.
13. Indemnity.
13. 1 The Partes agree that unless otherwse specifically set 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 hamiless the other Part and each ofits 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 frm the Indemnifyng Part's
breach of or failure to perfomi under this Agreement, regardless
of the fomi of action, whether in contract, warrnty, strict liability,
.ovember 4, 2010/kjcllntegral Qwest QLSpTM MSA - (v10-15-10)
WI-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-101021-0032; SD-CDS-101021-0033;
UT-CDS-101021-D034; WA-CDS-1 01 021-0035
Page 5 of 13
or tort including (without limitation) negligence of any kind.
B. In the case of claims or losses alleged or incurred by an End
User Customer of either Part ansing out of or in connection with
Services provided to the End User Customer by the Part, the
Part whose End User Customer alleged or incurred such claims
or loss (the Indemnifying Part) shall defend and indemnify the
other Part and each of its offcers, directors, employees and
agents (each, an Indemnified Part) against any and all such
claims or loss by the Indemnifying Part's End User Customers
regardless of whether the underlying Service was provided or was
provisioned by the Indemnified Part, unless the loss was caused
by the gross negligence or willful misconduct of the Indemnified
Part. The obligation to indemnify with respect to claims of the
Indemnifyng 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 destrction of tangible
propert, whether or not owned by others, alleged to have
resulted directy from the negligence or intentional conduct of the
employees, contractors, agents, or other representatives of the
Indemnified Part.
13.2 The indemnification provided herein is conditioned upon the
following:
A. The Indemnified Part will promptly notify the Indemnifying
Part of any action taken against the Indemnified Part relating to
the indemnification. 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 Indemnifying Parts abilty to defend such
claim.
B. If the Indemnifyng Part wishes to defend against such
action, it will give wrtten notice to the Indemnified Part of
acceptance of the defense of such action. In such event, the
Indemnifying Part has sole authority to defend any such action,
including the selection of legal counsel, and the Indemnified Part
may engage separate legal counsel only at its sole cost and
expense. In the event that the Indemnifying Part does not
accpt the defense of the action, the Indemnified Part has the
nght to employ counsel for such defense at the expense of the
Indemnifying Part. Each Part agrees to cooperate with the
other Part in the defense of any such action and the relevant
records of each Part will be available to the other Part with
respect to any such defense.
C. In no event will the Indemnifying Part 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 settement.
14. Limited Warranties.
14.1 Each Part will provide suitably qualified persnnel to perform its
obligations under this Agreement and provide all Services hereunder in
a good and workmanlike manner and in material confonnance with all
Applicable Laws and regulations.
14.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENIt
QWEST SPECIFICALLY DISCLAMS ANY AND ALL WARRANTIE
EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDE
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 otherwse or make any representations or
guarantees on behalf of the other or otherwse act on the othets
behalf. The relationship arising from this Agreement does not
constitute an agency, joint venture, partnership, employee relationship
or frnchise. Owest is acting as an independent contractor and will
have exclusive control of the manner and means of perfonning its
obligations. Notwthstanding anyting herein to the contrary, Owest
reserves the nght, in its sole discretion, to modify or change the name
of the Services.
16. Assianment.
16.1 CLEC may not assign this Agreement or any nghts or
obligations hereunder without the pnor wrtten consent of Owest, which
consent will not be unreasonably withheld. Notwthstanding the
foregoing and subject to pnor credit review, submission of appropriate
legal documentation (including, but not limited to, any appropriate
Secretary of State or other filings or documents specified by Owest)
and approval by Qwest of CLEC's proposed assignee, CLEC may
assign this Agreement without pnor written consent of Qwest to any
Affliate, succsor through merger, or acquirer of substantially all of its
assets; and Qwest may assign this Agreement without prior wrtten
consent to any Affliate, succssor through merger, or acquirerit
sub~tantiaiiy all of its business assets; provided that in all cases
assignee of CLEC or Qwt, as applicable, acknowledge in wrting i
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 Service provided by Qwest under this Agreement,
Qwest will ensure that the transferee serves as a succsor 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 authonty to impose such
responsibilties either as a condition of the transfer or under such other
state statutory authonty as may give it such power. In the event of
such a proposed transfer, Owest will use its best efforts to faciltate
discussions between CLEC and the transferee with respect to the
transferee's assumption of Owests obligations after the transition
penod set forth above in accordance with the terms and provisions of
this Agreement.
17. Reporting Requirements. If reporting obligations or
requirements are imposed upon either 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.
.. Survival. The expiration or termination of this Agreement
es not relieve either Part of those obligations that by their nature
e intended to survive.
19. ConfidentialitY! Nondisclosure.
19.1 Neither Part will, without the prior written consent of the
other Part (a) issue any public announcement regarding, or make any
other disclosure of the tenns of, this Agreement or use the name or
marks of the other Part or its Affliates; or (b) disclose or use (except
as expressly pennitted by, or required to achieve the purposes of, this
Agreement) the Confidential Infonnation of the other Part. Consent
may only be given on behalf of a Part by its Legal Department.
However, a Part may disclose Confidential Infonnation 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 will
cooperate with the disclosing Part to seek . or take appropriate
protective measures and will make such disclosure in a manner to best
protect the Confidential Infonnation from further disclosure.
Notwthstanding the foregoing, if reporting or filing obligations or
requirernents 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, as
reasonably required by Qwest and to hold Qwest hannless for any
failure by CLEC in this regard. Qwests compliance with any regulatory
filing obligation will not constitute a violation of this secon. Each Part
will use reasonable effort to protect the other's Confidential
Infonnation, and will use at least the same effrts to protect such
Confidentiallnfonnation as the Part would use to protect its own.
19.2 All Confidential Infonnation will remain the propert of the
.'sclosing Part. A Part who receives Confidential Infonnation via an
i communication may request wrtten confinnation that the material
Confidential Infonnation. A Part who delivers Confidential
Infonnation via an oral communication may request written
confinnation that the Part receiving the infonnation understands that
the material is Confidential Infonnation. Each Part has the right to
correct an inadvertent failure to identify infonnation as Confidential
Infonnation by giving written notification within thirt (30) Days after the
infonnation is disclosed. The receiving Part will from that time
forwrd, treat such infonnation as Confidentiallnfonnation.
19.3 Upon request by the disclosing Part, the receiving Part will
return all tangible copies of Confidential I nfonnation , whether wrtten,
graphic or otherwse, except that the receiving Part may retain one
copy for archival purposes.
19.4 Each Part will keep all of the other Part's Confidential
Infonnation confidential and will disclose it on a need to know basis
only. Each Part will use the other Parts Confidential Infonnation
only in connection with this Agreement and in accrdance with
Applicable Law. Neither Part will use the other Parts Confidential
Infonnation for any other purpose except upon such tenns and
C?nditions as may be agreed upon between the Parties in writing. Ifeither Part loses, or makes an unauthorized disclosure of, the other
Part's Confidential Infonnation, it will notify such other Part
immediately and use reasonable effort to retrieve the infonnation.
19.5 Effectve Date of this Section. Notwthstanding any other
pr~)Vision of this Agreement, the Confidential Infonnation provisions of
this Agreement apply to all infonnation furnished by either Part to the
other in furtherance of the purpose of this Agreement, even if furnished
before the Effecve Date.
19.6 Each Part agrees that the disclosing Part could be
irreparably injured by a breach of the confidentiality obligations of this
Agreement by the receiving Part or its representatives and that the
disclosing Part is entitled to seek equitable relief, including injunctive
relief and specific perfonnance 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 constred as limiting eiter Part's
rights with respect to its own Confidentiallnfonnation or its obligations
with respect to the other Part's Confidential Infonnation under Secon
222 of the Act.
20. Waiver. Except as otherwse provided herein, neither
Parts failure to enforce any right or remedy available to it under this
Agreement will be constred as a waiver of such right or a waiver of
any other provision hereunder.
21. Regulatorv Approval. Each Part reserves its rights with
respect to whether this Agreement is subject to Secions 251 and 252
of the Act. In the event the FCC, a state commission or any other
governmental authority or agency rejects or modifes any material
provision in this Agreement, whether by direct action or by virtue of
generic proceedings, including without limitation, any pricing tenns,
either Part may immediately upon wrtten notice to the other Part
tenninate this Agreement in whole or in part, including without
limitation, with respect to Service in any state. In the event a Part
exercises its right to tenninate pursuant to this Section 21, the other
Part agrees to consent to any regulatory approvals necessary to
disconnect any circuits provided pursuant to this Agreement and
furter agrees to provide any required notice to affected customers
within five (5) business days of such notice. If a Part is required by a
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 written notice to the other Part of
the existence of such lawful, binding order so that the other Part may
seek an injunction or other relief frm such order. In addition, the filing
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 will be in wrting and will be suffciently given if delivered
personally, delivered by prepaid overnight express service, sent by
facsimile with electronic confinnation, or sent by certfied mail, return
receipt requested, or by email where specified in this Agreement to
Qwest and CLEC at the addresses shown on the cover sheet of this
Agreement. Notwthstanding anyting herein to the contrry, Qwest
may provide notice via email or by posting to Qwests website without
duplicate wrtten notification for: (v) marketing notices; (w) notices
provided under Section 8; (x) rate change notice; 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, act of civil or miltary authority, government
regulations, embargoes, epidemics, terrorist act, riots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, power blackouts, volcanic action, other major
environmental disturbance, or unusually severe weather conditions
(each, a Force Majeure Event). Inability to secure products or servicesof other Persons or transporttion facilties or acts or omissions of
"overnber4, 2010/kjcllntegral Qwest QLSpTM MSA- (v10-15-10)
WI-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-D029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-1 01 021-0032; SD-CDS-101021-0033;
UT-CDS-101021-0034; WA-CDS-101021-0035
Page 7 of 13
transporttion carriers shall be considered Force Majeure Events to
the extent any delay or failure in performance caused by these
circumstance is beyond the Part's control and without that Part's
fault or negligence. The Part affected by a Force Majeure Event shall
give prompt notice to the other Part, shall be excused from
perfrmance 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 Partes
agree to provide Service to each other at a level equivalent to the level
they provide themselves.
24. Governing Law. Colorado state law, without regard to
choice-of-Iaw principles, governs all matters arising out of, or relating
to, this Agreement.
25. Dispute Resolution.
25.1 The Partes will attempt in good faith to resolve through
negotiation any dispute, claim or 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 will, within seven (7) Days after delivery of the written
notice of dispute, designate a vice-president level employee or a
representative with authority to make commitments to review, meet,
and negotiate, in good faith, to resolve the dispute. The Partes intend
that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, frequency, duration, and
conclusions of these discussions will be at the discretion of the
representatives. By mutual agreement, the representatives may use
other procedures to assist in these negotiations. The discussions and
correspondence among the representatives for the purposes of these
negotiations will be treated as Confidential Information developed for
purposes of seWement, and will be exempt from discovery and
production, and are not admissible in any subsequent proceedings
without the concurrence of both Parties.
25.2 If the designated representatives have not reached a
resolution of the dispute within fifteen (15) Days after the written notice
(or such longer period as agreed to in writing by the Parties), then
either Part may commence a civil action. Any acton 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 otherwse be
brought in the Denver Distrct Court for the State of Colorado. The
Parties agree that such courts have personal jurisdicton 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 acton, arising
out of, or relating to this Agreement, may be brought by either Part
more than tw (2) years after the cause of acton arises.
26. Headings. The headings used in this Agreement are for
convenience only and do not in any way limit or otherwse affect the
meaning of any terms of this Agreement.
27. Authorization. Each Part represents and warrnts that:
A. the full legal name of the legal entity intended to provide and
receive the benefits and Services under this Agreement is
accurately set forth herein;
B. the persn signing this Agreement has been duly authorize
to execute this Agreement on that Part's behalf;
C. the execution hereof is not in conflict with law, the terms of
any charter, bylaw, articles of association, or any agreement to
which such Part is bound or affected; and
D. each Part may act in reliance upon any instruction,
instrment, or signature reasonably believed by it to be authorized
and genuine.
28. Third Party Beneficiaries. The terms, representations,
warranties and agreements of the Partes set forth in this Agreement
are not intended for, nor will they be for the benefit of or enforceable
by, any third part (including, without limitation, CLEC's Affliates and
End Users).
29. Insurance. Each Part shall at all times during the term of
this Agreement, at its own cost and expense, carr and maintain the
insurance coverage listed below with insurers having a "Best's" rating
of B+XIII with respect to liabilty arising from its operations for which
that Part has assumed legal responsibilty in this Agreement. If a
Part or its parent company has assets equal to or exceeding
$10,000,000,000, that Part may utilze an Affliate captive insurance
company in lieu of a "Best's" rated insurer. To the extent'that the
parent company of a Part is relied upon to meet the $10,000,000,000
asset threshold, such parent shall be responsible for the insurance
obligations contained in this Secton, to the extent its affliated Part
fails to meet such obligations.
29.1 Workers' Compensation with statuory limits as required in
the state of operation and Employers' Liabilty insurance with limits of
not less than $100,000 each accident.
29.2 Commercial General Liabilty insurance covering claims a
bodily injury, death, personal injury or propert damage, includi;:
coverage for independent contractor's protection (required if any work
will be subcontracted), product and/or completed operations and
contrctual liabilty with respect to the liabilty assumed by each Part
hereunder. The limits of insurance shall not be less than $1,000,000
each occurrence and $2,000,000 general aggregate limit.
29.3 "All Risk" Propert coverage on a full replacement cost basis
insuring all of such Part's personal propert situated on or within the
Premises.
29.4 Each Part may be asked by the other to provide
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
contrbutory with, any other valid and collectible insurance
purchased by such Part; and
C. acknowledge severabilty of interest/cross liabilty coverage.
30. Communications Assistance Law Enforcement Act of
1994. Each Part represents and warrants that any equipment,
facilities or Service provided to the other Part under this Agreement
comply with the CALEA. Each Part will indemnify and hold the other
Part harmless from any and all penalties imposed upon the other
Part for such noncompliance and will at the non-compliant Part's.November 4, 2010lkjcllntegral Owest OLSpTM MSA., (v10-15-10)
AZ-CDS-101021-o024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-101021-0032; SD-CDS-101021-0033;
UT-CDS-1 01 021-0034; WA-CDS-101021-0035
Page 8 of 13
tEe cost and expnse, modify or replace any equipment, facilities or
rvices provied to the other Part under this Agreement to ensure
at such equipment, facilities and Services fully comply with CALEA.
31. Entire Agreement. This Agreement (including all
Attchments, Rate Sheets, and other documents referred to herein)
constitutes the full and entire understanding and agreement betwen
the Partes with regard to the subject of this Agreement and
supersedes any prior understandings, agreements, or representations
by or betwen the Parties, wrtten or oral, including but not limited to,
any term sheet or memorandum of understanding entered into by the
Parties, to the extent they relate in any way to the subjects of this
Agreement. Notwthstanding the foregoing, certain elements used in
combination with the Service provided under this Agreement are
provided by Owest 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.
except as required to repair or provide Sece 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.
C. The Parties' netwrks are part of the national security
netwrk, and as such, are protected by federal law. Deliberate
sabotage or disablement of any porton of the underlying
equipment used to provide the netwrk is a violation of federal
statutes with severe penalties, especially in times of national
emergency or state of war. The Parties are responsible for their
employees with respect to such secrity requirements and
penalties.
32.2 Each Part will make POAs available to the other Part upon
request. In the event of an allegation of an unauthorized change or
unauthorized service in accrdance with Applicable Law, the Part
charged with the alleged infraction shall be responsible for resolvng
such claim, and it shall indemnify and hold harmless the other Part for
any losses, damages, penalties, or other claims in connection with the
alleged unauthorized change or service.
D. Qwst shall not be liable for any losses, damages or other
claims, including, but not limited to, uncollecible or unbilable
revenues, resulting from accidental, erroneous, malicious,
frudulent or otherwse unauthorized use of Services or facilities
('Unauthorized Use"), whether or not such Unauthorized Usecould have been reasonably prevented by Owest, except to the
extent Owest has been notified in advance by CLEC of the
existence of such Unauthorized Use, and fails to take
commercially reasonable steps to assist in stopping or preventing
such activity.
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.
..General Terms.
33.4. Constrction. Owest will provide necessary constrction
only to the extent required by Applicable Law.
33.5. Individual Case Basis Requests. CLEC may request
additional Services not specified in this Agreement and Owest will
consider such requests on an Individual Case Basis.
33.6. Responsibilty For Environmental Contamination.33.1 Owest will provide general repair and maintenance service
on its facilities, including those facilities supporting Services purchased
by CLEC under this Agreement, at a level that is consistent with other
comparable services provided by Owest.
33.2 In order to maintain and modemize the netwrk properly,
Owest may make necessary modifications and changes to its netwrk
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Netwrk maintenance and modernization
activities will result in trnsmission parameters that are within
trnsmission limits of the Service ordered by CLEC. Owest will provide
advance notice of changes that affect netwrk Interoperabilty pursuant
to applicable FCC rules.
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 Hazard that the Indemnifying Part,
its contractors or agents introduce to the work locations; or
33.3 Netwrk Security.
A. Protection of Service and Propert. Each Part will exercise
the same degree of care to prevent harm or damage to the other
Part and any third partes, its employees, agents or End User
Customers, or their propert as it employs to protect its own
employees, agents, End User Customers and propert, , but in no
case less than a commercially reasonable degree of care.
2. the presence or release of any Environmental Hazard
for which the Indemnifying Part is responsible under
Applicable Law.
B. Each Part is responsible to provide security and privacy of
communications. This entails protecting the confidential nature of
Telecommunications transmissions between End User Customers
during technician work operations and at all times. Specifically,
no employee, agent or representative shall monitor any circuits
B. In the event any suspect materials within Owest-owned,
operated or leased facilities are identified to CLEC by Owest to be
asbestos containing, CLEC will ensure that to the extent any
activities which it undertkes in the facilty disturb such suspect
materials, such CLEC activities will be in accrdance 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
.ovember 4, 201 O/kjcllntegral Qwest QLSpTM MSA - (v1 0-15-1 0)
AZ-CDS-101021-0024; CO-CDS-101021-o025; ID-CDS-101021-o026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-101021-0032; SD-CDS-101021-0033;
UT -CDS-1 01 021-0034; WA-CDS-1 01 021-0035
Page 90f 13
asbestos-cntaining material, CLEC does not have any
responsibilty for managing, nor is it the owner of, nor does it have
any liabilty for, or in connection with, any asbestos-containing
materiaL. Owest agrees to immediately notify CLEC if Owest
undertakes any asbestos control or asbestos abatement actvities
that potentially could affect CLEC personnel, equipment or
operations, including, but not limited to, contamination of
equipment.
November 4, 2010/kjcllntegral Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-1 01 021-0032; SD-CDS-101021-0033;
UT-CDS-101021-0034; WA-CDS-101021-0035
Page 10 of 13
.
.
.
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
Aneans the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as_d~d.
"Advanced Intellgent Netwk" or "AIN" is a Telecommunications netwrk
architecture in which call processing, call routing and netwrk management
are provided by means of centralized databases.
"Affliate" means a Person that (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or 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 callets telephone number, the
address/location of the telephone and supplementary emergency services
information for Enhance 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 jurisdicton reviewing the regulations, rules, or orders of the
FCC or a state regulatory authority.
"Bil Date" means the date on which a Biling period ends, as identified 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 Carrers to process
claims and adjustments.
.er" or "Common Carrer" See Telecommunications Carrier.
"Central Ofce" means a building or a space within a building where
transmission facilities or circuits are connected or switched.
"Commercial Mobile Radio Servce" 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 Part 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 information
against unrestricted disclosure. Confidential Information will 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 Servce
or an information service or both from a Carrier.
"Day" means calendar days unless otherwse specified.
"Demarcation Poinl is defined as the point at which the LEC ceases to
own or contrl Customer Premises wiring including without limitation inside
wiring.
"Directory Assistance Database" contains only those publishe and non-
listed telephone number listings obtained by Qwest from its own End User
Customers and other Telecommunications Carriers.
"Directory Assistance Servce" includes, but is not limited to, making
available to callers, upon request, information contained in the Directory
Assistance Database. Directory Assistance Service includes, where
available, the option to complete the call at the caller's direction.
"Due Date" means the specific date on which the requested Service is to
be available to the CLEC or to CLEC's End User Customer, as applicable.
"End User Customer" means a third part retail Customer that subscrbes
to a Telecommunications Service provided by either of the Partes or by
another Carrer or by tw (2) or more Carrers.
"Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental Response
Compensation and Liabilty Act, Supenund Amendment and
Reauthorization Act, Resource Conservation Recvery 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 limitation, indoor,
outdoor or orbital space environments) and is regulated under any
Applicable Law.
"FCC" means the Federal Communications Commission.
"Interexchange Carrier" or "IXC" means a Carrier that provides InterLATA
or IntraLATA Toll services.
"Line Information Database" or "L1DB" stores various telephone line
numbers and Special Billng Number (SBN) data used by operator services
systems to process and bil Altemately Billed Services (ABS) calls. The
operator services system accsses L1DB data to provide oriinating line
(callng number), Biling number and terminating line (called number)information. L1DB is used for callng card validation, fraud prevention,
Billng or service restrictions and the sub-accunt information to be
included on the call's Billing record. Telcordia's GR-44CORE defines the
interface between the administration system and L1DB including specific
message formats (Telcordia's TR-NWP-000029, Secton 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 Carrier" or "LEC" means any carrier that is engaged in
the provision of Telephone Exchange Servce or Exchange Accs. Such
term does not include a Carrier 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 servce should be
included in the definition of such term.
.mber 4, 2010/kjcllntegra/ Qwest QLSpTM MSA - (v10-15-10)
-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-101021-o032; SD-CDS-101021-0033;
UT -CDS-1 01 021-0034; WA-CDS-1 01 021-0035
Page 11 of 13
.
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
"Loop" or "Unbundled Loop" is defined as a transmission facility betwen a
distnbution frame (or its equivalent) in a Qwest Centrl Ofce and the Loop
Demarcation Point at an End User Customer's Premises
"Local Servce Request" or "LSR" means the industry standard forms and
supporting documentation used for ordering local service.
"Miscellaneous Charges" mean charges that Qwest may assess in addition
to recurnng and nonrecurring rates set forth in the Rate Sheet. for actvities
CLEC requests Qwest to perform, activities CLEC authonzes. or charges
that are a result of CLEC's actions, such as cancellation charges,
additional labor and maintenance. Miscellaneous Charges are not already
included in Qwests recurnng or nonrecurnng rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Netwrk Element" is a facility or equipment used in the provision of
Telecommunications Service or an information service or both. It also
includes features, functions, and capabilties that are provided by means of
such facilty or equipment, including subscnber numbers, databases,
signaling systems, and information suffcient for Biling and collection orused in the trnsmission, routing, or other provision of a
Telecommunications Service or an information service or both, as is more
fully descnbed in this Agreement.
"Operational Support Systems" or "OSS" mean pre-ordenng, Provisioning.
maintenance, repair and biling systems.
"Order Form" means service order request forms issued by Owest, as
amended from time to time.
"Person" is a general term meaning an individual or association,
corporation, firm, joint-stock company, organization, partership, trust or
any other form or kind of entity.
"Port" means a line or trnk connection point, including a line card and
associated peripheral equipment, on a Central Offce Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilties connected to the Centrl Offce Switch. Each
Line Side Port is typically associated with one or more telephone numbers
that serve as the Customer's netwrk address.
"Premises" refers to Qwests Central Offces and Serving Wire Centers; all
buildings or similar structures owned, leased, or otherwse controlled by
Qwest that house its network facilities; all structures that house Qwest
facilties on public rights-of-way, including but not limited to vaults
containing Loop concentrators or similar structures; and all land owned,
leased, or otherwse controlled by Qwest that is adjacent to these Central
Offces, Wire Centers, buildings and structures.
"Proof of Authonzation" or "POA" shall consist of venfication of the End
User Customer's selection and authorization adequate to document the
End User Customer's selection of its local service provider and may take
the form of a third part venfication format.
"Provisioning" involves the exchange of information between
Telecommunications Carners where one executes a request for a set of
products and services from the other with attendant acknowledgments and
status report.
"Public Switched Netwrk" includes all Switches and transmission facilties,
whether by wire or radio, provided by any Common Carner including LECs,
IXCs and CMRS providers that use the North American Numbenng Plan in
connection with the provision of switched services.
"Serving Wire Center" denotes the Wire Center frm which dial to.
local exchange service would normally be provided to a pa r
Customer Premises.
"Shared Transport" is defined as local interoffce transmission facilities
shared by more than one Carner, including Qwest, between End Ofce
Switches, between End Ofce Switches and Tandem Switches (local and
Accss Tandem Switches), and betwen Tandem Switches within the
Local Callng Area, as described more fully in this Agreement.
"Switch" means a switching device employed by a Carner within the Public
Switched Netwrk. Switch includes but is not limited to End Offce
Switches, Tandem Switches, Accss Tandem Switches, Remote Switching
Modules, and Packet Switches. Switches may be employed as a
combination of End Ofcerrandem Switches.
"Switched Access Traffc," as specifically defined in Qwests interstate
Switched Accss Tariff, is traffc that originates at one of the Parts End
User Customers and terminates at an IXC Point of Presence, or onginates
at an IXC Point of Presence and terminates at one of the Part's End User
Customers, whether or not the traffc transits the other Part's netwrk.
"Tanff as used throughout this Agreement refers to Qwest interstate
Tanff and state Tanffs, price lists, and pnce schedules.
"Telecommunications Carrier" means any provider of Telecommunications
Servces, except that such term does not include aggregators of
Telecmmunications Services (as defined in Section 226 of the Act). A
Telecommunications Carrier shall be treated as a Common Carner under
the Act only to the extent that it is engaged in pro.
Telecommunications Services, except that the FCC shall det
whether the provision of fixed and mobile satellte service shall be tre ed
as common carnage.
''Telecommunications Services" means the offenng of telecommunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilties used.
"Telephone Exchange Service" means a Service within a telephone
exchange, or within a connected system of telephone exchanges within the
same exchange area operated to fumish to End User Customers
intercommunicating Service of the character ordinanly furnished by a single
exchange, and which is covered by the exchange Service charge, or
comparable Service provided through a system of Switches, trnsmission
equipment or other facilties (or combinations thereof) by which a
subscriber can onginate and terminate a Telecommunications Service.
''Trunk Side" refers to Switch connections that have been programmed to
treat the circuit as connected to another switching entity.
'Wire Center" denotes a building or space within a building that serves as
an aggregation point on a given Carner'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 Services, are located.
Terms not otherwse defined here but defined in the Act and the orders and
the rules implementing the Act or elsewhere in this Agreement, shall have.November 4, 2010/kjcllntegral Qwest QLSpTM MSA - (v10-15-10)
AZ-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-101021-0032; SD-CDS-101021-0033;
UT-CDS-1 01 021-0034; WA-CDS-1 01 021-0035
Page 12 of13
t
.
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITONS
.eaning defined there. The defnition of terms that are included here
e also defned in the Act, or its implementing orders or rules, are
i ed to include the definition as set fort in the Act and the rules
implementing the Act.
.
amber 4, 2010lkjcllntegra Qwest QLSpTh MSA - (v10-15-10)
PCDS-101021-0024; CO-CDS-101021-Q025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM~CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-101021-Q032; SD-CDS-101021-0033;
UT-CDS-101 021-Q034; WA-CDS-1 01 021-0035
Page 13 of 13
.0
.
QWEST LOCAL SERVICES PLATFORMiß AGREEMENT
ATTACHMENT.2-QLSPiß Service Description
Qwest. will provide Qwest Local Service Platform~
("QLSP~) Services accrding to the terms and conditionsset fort in the QLSP Agreement between the Parties (the
"Agreemenf') and in this Attchment 2 to the Agreement,
which is incorprated into and made a part of the Agreement
(this "Attachmenl). Except as otherwse set fort in, thisAttchment, capitalized terms used but not otherwse
defined herein have the definitions assigned to them in the
Agreement. CLEC may use QLSP Servce to provide any
Telecommunications Services, information service (or both)
that CLEC chooses to offer to the extent that such services
are granted herein or not limited hereby.
1.1 General QLSP Service Description.
Report and Order-Petition of Owest Corporation for
Forbearance Pursuant to 47 U.sC. § 160(c) in the Omaha
Metropolitan Statistical Ara, FCC 05-170, WC Docket No.
04-223, (effective September 16, 2005), Qwstwill provide
to CLEC the Loop element of QLSP Services purchased in
the following nine Omaha Nebraska Wire Centers under the
terms and conditions of the Agreement and this Attchment
at Rates provided in the Rate Sheet: Omaha Douglas;
Omaha Izard Street; Omaha 90th Street; Omaha Fort Street;
Omaha Fowler Street; Omaha 0 Street; Omaha 78th Street;
Omaha 135th Street; and Omaha 156th Street.
1.2.2 The following QLSP Service types will be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(including centrex 21); Centrex Plus; Centron in Minnesota
only; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP ResidentiaL.
1.2.3 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 functon, the port, plus
the features, functions, and capabilties of the switch
including all compatible, available, and loaded vertcal
features (e.g., anonymous call rejecion) 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 Attchment. The
following Local Switching port are available with QLSP
Service: Analog Line Port, Digital Line Ports Supporting
Basic Rate InterfaceIntegrated Services Digital Netwrk
("BRI ISDN"), and Analog Trunk Ports.
1.1.1 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Advance
Intelligent Netwrk ("AIN") Services, e.g., remote accs
forwrding, and Qwest Voice Messaging Servce ("VMS")
may also be purchased with compatible QLSP Services.
These Netwrk Elements will be provided in compliance with
all Telcordia and other industry standards and technical and
perfrmance specifications to allow CLEC to combine the
QLSP Services with a compatible voicemail product and
stutter dial tone. Qwst will provide accss to 911
emergency service and directory listings in accrdance with
the terms and conditions of CLEC's interconnection
agreements ("ICAs"), except that the business end user rate
in the applicable tariff applies to all end user premium and
privacy directory listings (with the exception of residential
additional listings, i.e., USOC RL T) when services are
provisioned to CLEC under this Agreement whether CLEC's
end user is a residential end user or a business end user.
As part of .the QLSP Service, Qwest combines the Netwrk
Elements that make up QLSP Service with analog/digital
capable Loops, with such Loops (including servces such as
line splitting) being provided in accordance with the rates,
terms and conditions of the CLEC's ICAs. CLEC may also
purchase Qwst Commercial High Speed Internet (HSI)
Service (also known as Qwest Digital Subscriber Lin~
(DSL)), under a separate Services agreement, to be used
with compatible QLSP Serice.
1.1.2 QLSP Service is available in six different service
arrangements, each of which is described more fully below:
QLSP Residential; QLSP Business; QLSP Centrex
(including Centrex 21, Centrex Plus and, in Minnesota only,Centron); QLSP ISDN BRI; QLSP Public Accss Lines
("PAl); QLSP PBX Analog DID and non-DID (one way andtw way) trnks.
1.1.3 Nothing in this Attchment or the Agreement
precludes Qwest from withdrawing availabilty of
comparable, functionally equivalent servces from its retail
end user customers. In the event of such withdrawal or
discontinuation, Qwest may also withdraw availabilty of the
equivalent QLSP Servce.
1.2 Combination of QLSP Service with Loops. Except as
described below, the Loop will be provided by Qwest under
the applicable ICAs in efect between Qwest and CLEC at
the time the order is placed. As part of the QLSP Service,
Qwest will combine the Local Switching and Shared
Transport Netwrk Elements with the Loop.
1.3.1 Analog Line Port. Line Port attributes 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.
1.3.2 Digital Line Port Supporting BRI ISDN. BRI ISDN
is a digital architecture that provides integrated voice and
data capabilty (2 wire). A BRIISDN Port is a Digital 2B+D
(2 Bearer Channels for voice or data and 1 Delta Channel for
signaling and 0 Channel Packet) Line Side Switch
connection with BRI ISDN voice and data basic elements.
For flexibility and customization, optional features can be
added. BRI ISDN Port does not offer B Channel Packet
service capabilities. The servng arrangement conforms to
the intemationally developed, published, and recgnized
standards generated by Intemational Telegraph and
Telephone Union (formerly CCITI).
1.3.3 Analog Trunk Port. DSO analog trunk Ports can be
configured as DID, DOD, and tw-way.
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 connecton
inherently includes hunting within the trnk group.
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Ofce. For 2-Wire service, the trunks are
coverted at the End User Customer's location.
1.2.1 Pursuant to the order issued by the FCC
pertaining to the availabilty of Unbundled Netwrk Element
("UNE") Loops under Section 251(c)(3) of the Act in its
AZ-CDS-101021-Û024; CO-CDS-101021-û025; ID-CDS-1 01 021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-101021-0032; SD-CDS-101021-0033;
UT-CDS-1 01021-0034; WA-CDS-1 01021-0035 Attchment 2 - QLSPiß - (v8-20-10)
.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
1.3.3.3. Two-way analog DID trunks are capable of
initiating out going calls, and may be equipped. with
either rotary or touc-tone (DTMF) for this purpose.
When the trnk is equipped with DID call trnsfer
feature, both the trunk and telephone instruments
must be equipped with DTMF.
CLEC's End User Customer with the applicable featuit
capabilty. The ICNAM database contains current list
name data by working telephone number served
administered by Qwst, including listed name data provided
by other Telecommunications Carriers participating in
Qwests callng name delivery service arrangement.
1.3.3.4 Two-way analog DID trunks require E&M
signaling. Qwest will use Type I and II E&M
signaling to provide these trunks to the PBX. Type II
E&M signaling from Qwest to the PBX will be
handled as a special assembly request on an
Individual Case Basis.
1.4.6 Qwest will provide the listed name of the calling
part that relates to the callng telephone number (when the
information is actually available in Qwests database and the
delivery is not blocked or otherwse limited by the callng
part or other appropriate request).
1.3.4 Usage. Local Switching Usage is biled on a
Minute of Use ("MOU" basis as descrbed within this
Attchment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
1.4.7 For CLEC's QLSP End User Customers, Qwest
will load and update CLEC's QLSP End User Customers'
name information into the L1DB and ICNAM databases from
CLEC's completed service orders. CLEC is responsible for
the accuracy of its End User Customers' information.
1.4.2 Local Switching includes use of Qwests signaling
netwrk (ISUP call set-up) solely for Local Traffc. "Local
Traffc" and "Local Calls" means calls tht originate and
terminate within the Local Calling Area as defined in the
Qwest tariff. Qwst will provide service contrl points in the
same manner, and via the same signaling links. as Owt
uses such service control points and signaling links to
provide servce to its End User Customers served by that
switch. Qwests call related databases include the Line
Information Database (L1DB), Internetwrk Callng Name
Database (ICNAM), 8XX Database for toll free callng, AIN
Databases, and Local Number 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 netwrk
for Toll Traffc. "Toll. Traffc" and "Toll Calls" means intra local
access and transport area ("LATA") or interLA T A calls that
originate and terminate outside of the Local Callng Area as
defined in the Qwest tariff. For all Toll Traffc originated by
or terminated to CLEC's QLSP End User Customer, Qwest
may bil applicable tariff charges, including SS7 mesage
charges PSDN User Part (ISUP) and Transacton
Capabilties Application Part (TCAP)), to the Interexchange
Carrier (IXC) or other wholesale SS7 provider.
1.4.8 Qwest will exercise reasonable effrt to provide
accurate and complete L1DB and ICNAM information, The
information is provided on an as-is basis with all faults.
Qwest does not warrantor guarantee the correctness or the
completeness of such information; however, Qwest will
access the same database for CLEC's QLSP End User
Customers as Qwest accsses for its own End User
Customers. Qwst will not be liable for system outage or
inaccibility or for losses arising from the authorized use of
the data by CLEC.
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.
1.4.9 Qwst will not charge CLEC for the storage of
CLEC's QLSP End User Customers' information in the L1DB
or ICNAM databases.
1.5 Shared Transport and Toll..
1.4.3 ICNAM and L1DB. CLEC will have non-
discrminatory access to Qwests L1DB database and ICNAM
database as part of the delivery of QLSP Service.
1.5.1 Shared Transport. The Shared Transport
Netwrk Element ("Shared Transport") provides the
collective interoffce transmission facilties shared by various
Carrers (including Qwst) between end-offce switches and
betwen end-offce switches and local tandem switches
within the Local Callng Area. Shared Transport uses the
existing routing tables resident in Qwest switches to carry
the End User Customets originating and terminating
local/extended area servce interoffce Local traffc on the
Qwest interoffce message trnk netwrk. CLEC traffc will
be carried on the same transmission facilties between end-
offce switches, between end-offce switches and tandem
switches and between tandem switches on the same
netwrk facilties that Qwest uses for its own traffc. Shared
Transport does not include use of tandem switches or
transport between tandem switches and end-offce switches
for Local Calls that originate from end users served by non-
Qwest Telecommunications Carrers ("Carrier(s)" ¡Wich
terminate to QLSP End Users.
1.4.4 The L1DB database contains the following data:
various telephone line numbers and special billng number
(SBN) data; originating line (calling number); biling number
and terminating line (called number) information; callng card
validation; fraud prevention; Billng or service restrctons;
sub-accunt information to be included on the call's Billng
record; and callng card, biled to third number, and collect
call information used in processing Alternately Biled
Services (ABS).
1.5.2 Originating Toll Calls from, and terminating Toll
Calls to, QLSP End Users will be delivered to/from the
designated IXCs from the Qwest end-offce switches and
accss tandems. Use of access tandem switches are not
included in the Agreement or this Attchment and access
tandem charges, if any, may be biled by Qwest to the IXC(s)
under the applicable accss tariff.
1.5.3 IntraLATA and InterLATA Carrier Designation.
QLSP includes the capabilty for selection of the interLA,.
1.4.5 .The ICNAM datab~se is us~ with c;rtin end and intra LATA Toll provider(s) on a 2-Primary Interexchanoffce Switch features to provide the calling part s name to Carrier (PiC) basis. CLEC will designate the PI
AZ-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-Q029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-101021-0032; SD-CDS-101021-0033;
UT-CDS-101021-0034; WA-CDS-1 01 021-0035 Attachment 2 - QLSP~ - (v8-20-10)2
. .
.
.
QWEST LOCAL SERVICES PLATFORMl1 AGREEMENT
ATIACHMENT 2-QLSPl1 Service Description
assignment(s) on behalf of its End User Customers for
interLATA and intra LATA Service. All CLEC initiated PIC
changes will be in accrdance with all Applicabie Laws, rules
and regulations. Qwest will not be liable for CLEC's
improper PtC change requests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrier ("LPIC") 5123. Qwst does not
authorize CLEC to offer, request, or select Qwest LPIC 5123
servce to CLEC's End User Customers for intrLATA toll
servce with any QLSP Service in any state. In the event
CLEC assigns the Qwst LPIC 5123 to CLEC's End User
Customers, Qwest will bil CLEC and CLEC will pay Qwest
the rates contained or referenced in the attched Rate
Sheet.
1.5.5 Usage. Shared Transport is billed 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 QLSP Service Arrangement Descriptions.
1.6.5.1 PBX analog non-DID trnks are combinations
of an analog Line Side Port and Shared Transport
provided under the Agreement with an analog - 2 wire
voice grade Loop provided in accrdance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6.5.2 PBX with analog i-way DID trnks are
combinations of a DID trnk Port and Shared Transport
provided under the Agreement with an Analog - 2 wire
voice grade Loop provided in accrdance with CLEC's
ICAs, except for those Loops that are otherwse
provided for in the Agreement.
1.6.5.3 PBX with analog 2- way DID trunks are
combinations of a DID trnk 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 otherwse
provided for in the Agreement.
1.6.6 QLSP Residential is available to CLEC for CLEC's
residential End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except as
otherwse provided for in the Agreement. QLSP Residential
may be ordered and provisioned only for residential End
User Customer application. The definition of residential
service is the same as in Qwests retail tariff as applied to
Qwests End User Customers.
1.6.6.1 In order for CLEC to receive QLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must identify
residential end users by working telephone number
(WTN) utilizing the LSR process as described in theQwst wholesale website.
Additional Terms and Conditions and Service Features.
Qwt does not warrant the availabilty of facilties at any
serving wire center. QLSP Services will not be available if
facilties are not available. Qwest represents and warrnts
that it will not otherwse restrict facilities eligible to provide
QLSP Service and that any and all facilities 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.
2.2 Loop Start ("LPS") to Ground Start ("GST") and GST to
LST Changes ("LPS/GST Change") are available with
QLSP Servces. POTS Services (e.g., a QLSP Centrex 21
line). can functionally and operationally be provisioned as
either LPS or GST. Unless specifically requested otherwse,
Qwst 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
facility served by LPS to be changed to GST or vice versa.
Additional information and ordering requirements are
detailed on the Qwst Wholesale website.
1.6.1 QLSP Business is available to CLEC for CLEC's
business End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
the Agreement with an analog - 2 wire voice grade Loop
provided in accrdance with CLEC's I CAs, except for those
Loops that are otherwse provided for in the Agreement.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. QLSP Centrex Services
include Centrex 21, Centrex Plus and, in Minnesota only,
Centron, and are the combination of an analog Line Side
Port and Shared Transport provided under the Agreement
with an analog - 2 wire voice grade Loop provided in
accordance with CLEC's ICAs, except for those Loops that
are otherwse provided for in the Agreement.
1.6.2.1 CLEC may request a conversion from Centrex
21, Centrex-Plus or Centron service to QLSP Busines or
QLSP ResidentiaL. The Conversion NRC(s) provided in
the Rate Sheet will apply.
2.0
2.1
2.2.1 The Subsequent Order Charge provided in the
QLSP Rate Sheet and the Qwest retail Tariff nonrecurring
charg ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, will be added to service orders
requesting LPS/GST Changes.
AZ-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-1 01 021-0032; SD-CDS-101021-u033;
UT-CDS-101021-u034; WA-CDS-1 01 021-0035 Attachment 2 - QLSPl1 - (v8-20-10)
.
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 (supportng BRI ISDN), and Shared Transport
provided under the Agreement with a Basic Rate ISDN-
capable Loop provided in accrdance with CLEC's ICAs,
except for those Loops that are otherwse provided for in the
Agreement.
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 accordance with CLEC's ICAs, except for
those Loops that are otherwse provided for in the
Agreement.
1.6.5 QLSP PBX is available to CLEC for CLEC's
business End User Customers.
3
2.3
QWEST LOCAL SERVICES PLATFORMil AGREEMENT
ATTACHMENT 2-QLSPil Service Description
2.9
Daily Usage Feed (DUF). Qwest will provide to CLEC
certain originating and terminating call records ("usage
information") generated' by CLEC's QLSP end user via a
DUF.3.0
Qwest Operator Service and Directory Assistance servc_
are provided under the terms and conditions of CLE
ICAs.
Rates and Charges.
The recurrng ("MRC") and NRC rates for QLSP ,Services
and all associated QLSP applicable usage-based rates and
miscllaneous charges are set fort or incorporated by
reference into the attached QLSP Rate Sheets. Rates for
QLSP Services are in addition to the applicable rates for
elements and Services provided under CLEC's ICAs.
Applicable intercarrier compensation rates and charges
(such as accss charges, reciprocal compensation, and
other charges for elements and services) are applicable and
are provided under a separate Agreement or Tariff.
3.2 QLSP rates Effective Date through Term. Starting on the
Effecve Date of the Agreement, rates for the Service will be
those provided or referenced in the attached Rate Sheet.
The MRCs for the switch port will be adjusted annually,
effectve January 1 of each year through the term of the
Agreement. CLEC is eligible for and will receive discounts
on the Basic Plan switch port MRCs if it meets the volume
plans descrbed below. Discounts are not cumulative and
Qwest will apply the highest discount rate for which CLEC
qualifies. Basic Plan MRCs will apply if CLEC does not
qualify for any discount.
2.3.1 Qwest will provide to CLEC Local Call usage
information within Qwets contrl 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.
3.1
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 t.
preceding year, CLEC will qualify for a 10% discount
of the Business Port and a 2% discount off of tH
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 will 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.
2.3.2 Qwest will provide to CLEC usage information
necessary for CLEC to bil for interLATA and intrLATA
exchange access to the IXC (excluding intraLA T A usage
information if Qwest LPIC 5123 is seleced as the intrLATA
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 secton 3.7 of
this Attchment. These exchange acc records will be
provided as Category 11 EMI records via the DUF.
2.3.3 Qwest will provide DUF records for the following:
all usage occurrence bilable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrpt (BLI);
originating local usage; usage sensitive CLASS features;
and Qwest-provided intra LATA toll.
2.3.4 Local Call usage records will be provided as
category 01 or Category 10 EMI records via the DUF.
Terminating Local Call usage records are not colleced or
available and will not be provided.
2.4 Feature and interLATA or intra LATA PIC changes or
additions for QLSP, will be processed concurrently with the
QLSP order as specified by CLEC.
3.4 Except as otherwse provided herein, the Loop element
combined with a QLSP Service will be provided in
accordance with CLEC's ICAs with Qwest at the rates set
fort in those ICAs.
2.5 Access to 911/E911 emergency Services for CLEC's End
User Customers will be available in accrdance with CLEC's
ICAs. If Qwest is no longer obligated to provide accss to
911/E911 emergency service in accordance with 47 U.S.C.
§251 , Qwest will then provide such services under the
Agreement with respect to all CLEC QLSP Service End User
Customers and new QLSP Service End User Customers, to
the same degree and extent that 911/E911 emergency
services were provided by Qwest prior to the elimination of
911/E911 emergency services as an obligation under 47
U.S.C. §251.
3.4.1 Loops provided under the Agreem. ent. Up.
thirt (30) Days notice via the standard. commerci
AZ-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-Û029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-1 01 021-0032; SD-CDS-101021-0033;
UT-CDS-101021-Û034; WA-CDS-1 01 021-0035 Attachment 2 - QLSPil - (v8-20-10)
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 If Qwest develops and deploys new local switch features for
its End User Customers, those switch features will be
available with QLSP Service in the same areas and subject
to the same limitations. The rates that Qwest charges for
such new local switch features will not in any case be higher
than the retail rate Qwest charges for such features.
2.8 Nothing in the Agreement alters or affects CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
4
.
.
.
QWEST LOCAL SERVICES PLATFORMil AGREEMENT
ATTACHMENT 2-QLSPil Service Description
notification proces, Qwest may change monthly recurring
charges for the Omaha, Nebraska Loop elements provided
under the Agreement. Additionally, notwthstanding the
rates reflected in the Nebraska' QLSP Rate Sheet, the
i:arties understand and agree that Qwest has the right toadjust commercial port rates in Nebraska after the Nebraska
PSC issues a final order related to Application No.
G-3554/PI-112 and CLEC's continued use of any Services in
Nebraska constitutes its accptance of such updated rates.
originated by a QLSP End User, local Switch Usage
charges provided in the QLSP Rate Sheet will apply. For
these call types that also tenninate to an end user served by
a Carrer, Qwest may pay that Carrer certin tenninating
compensation charges under tenns and conditions of a
separate ICA.
3.5 CLEC will be responsible for billng its QLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statute, regulation or as otherwse
required.
3.8.2 Originating InterOce Local Calls. This
originating Local Call requires switching by the local serving
Qwest end offce and other interoffce switching for Local
traffc. When this call type is originated by a QLSP end user,
Local Switch Usage per MOU and Shared Transport per
MOU charges provided in the Rate Sheet will apply. For
these call types that also tenninate to an end user served by
a non-Qwest Carrier, Qwest may pay that Carrer certain
tenninating compensation charges under tenns and
conditions of a separate ICA
3.6 CLEC will pay Qwest the PiC change charge associated with
CLEC End User Customer changes of interLATA or
intraLATA Carrers. Any change in CLEC's End User
Customers' interLATA or intraLATA Carrer must be
requested by CLEC on behalf of its End User Customer.3.8.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local serving Qwest end offce.
If the QLSP End Usets selected IXC does not have direct
trunking to the local serving Qwest end offce, Shared
Transport is required to deliver that call to the Accss
Tandem for delivery to the IXC. When this' call type is
originated by a QLSP end user, Local Switch Usage
provided in the QLSP Rate Sheet applies. Additionally, if
Shared Transport is necessary to deliver the call to the
Access Tandem, Shared Transport Usage charges provided
in the QLSP Rate Sheet will apply. For these call types that
require Shared Transport, Qwest retains its rights to bil the
IXC for Tandem elements under the Tariff.
3.7 Intercarrier Compensation. Except as specifically
described in this Section, the Agreement does not change or
amend applicable intercarrier compensation arrangements
(including but not limited to Switched Access, Signaling, or
Transit charges) between any partes, including between
Qwest and Carriers or IXCs.
3.7.1 Switched Access. For QLSP End User
Customer(s), Qwest will not charge to or collect from the IXC
usage based end offce and loop Switched Accs charges
(such as Switched Accss Local Switching, End Ofce
Shared Port, Tandem Transmission and Carrer Common
Line) for InterLATA or IntraLATA Toll Calls originating or
tenninating from that QLSP End User Customets line to an
IXC.
3.8.4 Terminating IntraOffce and InterOce Local
Calls. This tenninating Local Call requires switching by the
local serving Qwst end offce and in certain instances other
interoffce switching within the Local Calling area. When a
call is tenninated to a QLSP end user, no charges will apply
under QLSP. For these call types that originate from an end
user served by a Carrier, Qwest retains its rights to bil that
Carrier certin Transit charges as descrbed in Section 3.7
above.
3.7.2 Signaling. Qwest retains its rights to charge IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and ISUP Signal Switching, as well as LIDS,
ICNAM and 8XX) associated with interLATA and intra LATA
Toll Calls originated by or tenninated to a QLSP End User
under the applicable Tariff.3.8.5 Terminating IXC Toll Calls. This tenninating Toll
Call always requires switching by the local serving Qwest
end offce. If the originating callets IXC does not have direct
trunking to the QLSP end usets local serving Qwest end
offce switch, Shared Transport is required to tenninate the
call to the receiving QLSP end user. When this call type is
tenninated to a QLSP end user, Local Switch Usage
charges provided in the Rate Sheet will apply. Additionally,
if Shared Transport is necessary to deliver the call to the
QLSP end user from the accss tandem, Shared Transport
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, Qwest retains
its rights to bil the IXC for Tandem elements under the
Tariff.
3.7.3 Transit. For any call originated by an end user
served by a Carrier that routes through Qwests netwrk and
which terminates to a QLSP End User, Qwest retains its
rights to bil the originating Carrier Transit charges for that
call under the originating Carrier's Agreement.
3.7.4 Other. Qwest retains its rights to billXCs or other
Carriers, as applicable, any and all other accss charges
and assessments not expressly addressed in this secton,
including but not limited to flat rate transport charges, in
accordance with the applicable Tariff
3.8 Local Switching Usage and Shared Transport Minute of
Use (MOU) This secion describes the use of the Qwest
netwrk for different call types originated by or tenninated to
QLSP End Users. This section does not affec Qwests
rights to charge IXCs for signaling as described in Section
1.4.2 of this Attchment.
3.9 Qwest will have a reasonable amount of time to implement
system or other changes necessary to bil CLEC for rates or
charges associated with QLSP Servces
3.8.6 Originating Toll Calls whenQC is the
IntraLATA Toll provider. See Section 1.5.4 above.
3.10 QLSP Services have a one-month minimum service period
requirement for each CLEC End User Customer. The one-
month minimum servce perod is the period of time that
3.8.1 Originating IntraOfce Local Calls - This
originating Local Call requires switching by the local serving
Qwest end offce Switch only. When this call type is
AZ-CDS-101021-0024; Co-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM.CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-101 021-D032; SD-CDS-101021-0033;
UT-CDS-101 021-D034; WA-CDS-1 01 021-0035 Attchment 2 - QLSPil - (v8-20-10)5
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
CLEC is required to pay 100% of the MRC for the Servce
even if CLEC does not retain Servce for the entire month.
QLSP Servce are billed month to month and will after the
one month minimum service period is satisfied be pro-rated
for partal months based on the number of days Service was
provided.
adversely impact CLEC's use of QLSP Service. Qwest a.
CLEC will coperate with each other to impleme
proceures and proceses for handling servce-affecin
events. There will be no charge for the Services provided
under this Section 6, except as set forth in the Rate Sheet.
3.11 7.0 Commercial Performance Measures and Reporting,
Performance Targets and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
indicated on Signature Page).
Each Part will provide suitably qualified personnel to
perform its obligations under the Agreement and all QLSP
Service in a timely and effcient manner with dilgence and
care, consistent with the professional standards of practice
in the industry, and in conformance with Applicable Law.
The QLSP Service attributes and process enhancements are
not subject to the Change Management Process ("CMP").
CLEC proposed changes to QLSP Service attributes and
process enhancements will be communicated through the
standard account interfaces. Change requests common to
shared systems and processes subject to CMP will continue
to be addressed via the CMP procedures.
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, and other
similar requests.7.1
4.0 Systems and Interfaces.
4.1 Qwest and CLEC will support the use of current OSS
interfces and OSS business rules for QLSP, including
electronic ordering and flow, as the same may evolve over
time.
4.2 QLSP Service are ordered utilzing the LSR process as
described in the Qwest wholesale website.
4.3 7.2 Qwest will provide commercial performance measurements
and reportng against established performance targets with
QLSP Service. The following performance measurements
will apply to QLSP Residential and QLSP Business: (a) Firm
Order Confirmations (FOCs) On Time; (b) Installation
Commitments Met; (c) Order Installation Interval; (d) Out of
Service Cleare within 24 Hours; (e) Mean Time to Restore;
and (f)Trouble Rate.
Prior to placing an order on behalf of each End User
Customer, CLEC will 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
Customets request, orders the discontinuance of the End
User Customets existing service with CLEC, Qwst will
render its closing bil to CLEC effective as of the
disconnection. Qwest will notify CLEC by FAX, OSS
interface, or other agreed upon processes when an End
User Customer moves to Qwest or another service provider.
Qwest will not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End
User Customer.
7.3 Commercial measurement defnitions, methodol09i.
perfrmance targets and reporting requirements are set fo
in Attachment 3 to the Agreement. Qwest will provide CLE
with the raw data necessary to allow CLEC to disaggregate
results at the state leveL. Reporting of these performance
measures will be applied for activity beginning the first full
month of Servce after January 4, 2011.
CLEC will be entitled to service credits only for each
instance of a missed installation commitment and each
instance of an out of service condition that is not cleared
within 24 hours occurrng after January 4, 2011. All servce
credits will be applied automatically by Qwest as credit
against CLEC's bil for the billng period following the one in
which the credits were accrued. Credits for Services
provided under the Agreement will be applied for activity
beginning the first full month after January 4, 2011. Any
credits or payments related to the Services provided prior to
the first full month following January 4, 2011 and in
accordance with CMP, PID, PAP or any other wholesale
service quality standards will no longer be applied beginning
the first full month after January 4, 2011.
4.5 7.4The Parties will provide each other with points of contact for
order entry, problem resolution, repair, and in the event
special attention is required on service request.
5.0 Qwest will bil CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Billng period, in an
agreed upon standard electronic format. Biling information
will include a summary bil and individual End User
Customer sub-accunt information. If CLEC needs
additional or different biling information in order to property
bil its End Users or other Carrers (including Qwest), Qwest
will work with CLEC in good faith to deliver such information.
6.0 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 disconnecton to any interface between Qwest
and the End User Customer, without the wrtten consent of
Qwest.
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 will use the state installation
nonrecurring charge contained in the Agreement for
that order type in calculating the credit. The definition
of a "missed installation commitment' and the
associated exclusions are described in Attachment 3 to
the Agreement.
7.4.2 Out of Service Cleared within 24 Hours. F.
each out-of-service condition that Qwest, through i
AZ-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-101021-0032; SD-CDS-101021-0033;
UT-CDS-101021-Û034; WA-CDS-101021-0035 Attchment 2 - QLSP~ - (v8-20-10)
6.1
6.2 Qwest will provide general repair and maintenance Services
on its facilities, including those facilties supporting QLSP
Services purchased by CLEC. Qwest will repair and restore
any equipment or any other maintainable component that
6
.
8.0
8.1
.
.
QWEST LOCAL SERVICES PLATFORM~ AGREEMENT
ATTACHMENT 2-QLSP~ Service Description
own fault, fails to resolve within 24 hours, Qwst will
provide a service credit equal to one day's recurring
charge (monthly recurring charge divided by 30) for
each day out of service beyond the first 24 hours. (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEC will be entitled to a credit equal to th
monthly recurrng charge divided by 30. If the out-of-
service condition existed for 48 to 71 hours, the credit
would equal tw times the. monthly recurrng charge
divided by 30).
Service Performance Measures and Reporting and
Performance Asurance 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 Performance
Indicator Definitions ("PIDs") 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 Attchment, does this PID and PAP
replace, in their entirety, the Commercial Performance
Measures and Reporting, Performance Targets and Service
Credits terms and conditions for Services provided under the
Agreement and this Attchment outlned in Section 7.0 of
this Attchment.
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 will 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 furter amendment to this Attchment.
AZ-CDS-101021-0024; CO-CDS-101021-0025; ID-CDS-101021-0026; IA-CDS-101021-0027; MN-CDS-101021-0028;
NE-CDS-101021-0029; NM-CDS-101021-0030; ND-CDS-101021-0031; OR-CDS-10102t-0032; SD-CDS-101021-0033;
UT -CDS-1 0 1021-0034; WA-CDS-101021-0035 Attchment 2 - QLSP~ - (v8-20-10) 7
8.3 To select the Service Perfrmance 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 will be included in the UNE-P PAP
results beginning the first full month following the Effective
Date of the Agreement.
8.5 Notwthstanding the dispute resolution provisions in the
Agreement, the Partes will resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution procs described in the PAP.
.
.
.
ATTACHMENT 3
Performance Targets for Qwest QLSP ™ Service
ATTACHMENT 3 - Perfonnance Targets for Qwst QLSp™ Service
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., EDI 997 transactions are not included.)
. For FOC-1A, the interval measured is the period between the LSR received date/time (based on
scheduled up time) and Qwests response with a FOC notification (notification date and time).
. For FOC-1 B, the interval measured is the period between the application date and time, as defined
herein, and Qwests response with a FOC notification (notifcation 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 period)l x 100
FOC-1 B = HCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (Application
Date & Time)" is within the intervals specified for the service category involved) + (Total
Number of original FOC Notifications transmitted for the service category in the reporting
periodH x 100
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
.
.
.
Page 2
.
.
.
Exclusions:.LSRs involving individual case basis (ICB) handling based on quantities of lines, as specified in the
"Performance Targets" section below, or service/request types, deemed to be projects..Hours on Weekends and holidays. (Except for FOC-1A, which only excludes hours outside the
scheduled system up time.).LSRs with CLEC-requested FOC arrangements different from standard. FOC arrangements..Records with invalid product codes..Records missing data essential to the calculation of the measurement per the measure definition..Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capabilty to
disallow duplicate LSR #'s.).Invalid startstop dates/times.
Product Reporting:Performance Taraet:
FOC-1A 95% within 20 minutes
OLSP-POTS
FOC-1B 95% within standard FOC
intervals (specified below)
Standard FOe Intervals
Product Group NOTE 1 FOe
Interval
OLSP-POTS (1-39 lines) FOC-1A:20
Minutes
FOC-!B24
hrs 24 hrs
Availabilty:
Performance wil be measured
beginning the first full month of
OLSP. service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
oroduct type are considered ICB.
ATIACHMENT 3 - Performance Targets for Owest QLSp™ Service
Page 3
ICM.1 . Installation Commitments Met~~~ .
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"r 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 product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
ICM-1A Dispatches (Includes within MSA and outside MSA); and
ICM-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
ICM-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Total 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 offcial company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
.
ATIACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 4
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.
.
Product Reporting Penormance Target:
MSA-TvDe:
QLSP-POTS QLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:.
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
ATIACHMENT 3 - Performance Targets for Owst QLSp™ Service PageS
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 accpted and implemented.
. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
. Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date is the CLEC-initiated due date, if any, that is (a) subsequent to
the original due date and (b) prior to a Qwest-initiated, changed due date, if any. NOTE 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 anr' following the Applicable Due Date, from the subsequent CLEC-
initiated due date, if any. NOTE
Reporting Period: One month I Unit of Measure: Average Business Days
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for producUservices listed in Product Reporting under "MSA Type
Disaggregation" wil be reported accrding 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:
l:((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 Owest QLSp™ Service
Page 6
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Re rted As:
Avera e business da s
Zone-T e-
Penormance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
6 Days
3.5 Days
Availabilty:Notes:
1. Accrding 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
(i.e., 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.
Performance wil be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
ATTACHMENT 3 - Perfrmance Targets for Qwest QLSp™ Service Page?
00S24-1 - Out of Service Cleared within 24 Hours~~~ . .
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 (i.e., 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 CLEes or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified
service that is out-of-service (i.e., unable to place or receive calls), subject to exclusions
specified below.
. Time measured is from date and time of recipt of trouble ticket to the date and time trouble is
indicated as cleared.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" 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:
00S24-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared within 24
hours) I (Total Number of Out of Service Trouble Reports closed in the reporting period)) x 100 .
Exclusions:
. Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type disaggregation),
trouble reports coded to disposition codes for: Customer Action; Non-Telco Plant; Trouble
Beyond the Network Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit
Found OK, and Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer
Instruction, Carrier, Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble report coded to trouble coes for No Trouble Found (NTF), Test
o K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving offcial company services.
. Records with invalid trouble receipt dates.
· Records with invalid cleared or closed dates.
. Records with invalid product codes.
· Records missing data essential to the calculation of the measurement per the measure definition..
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 8
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Product ReDortina:Performance Taraets:
MSA-Tvoe-.OLSP POTS Dispatch and Non-Dispatch 190%
.'
Zone-TvDe-
Availabilty:Notes:
Performance wil
be measured
beginning the first
full month of OLSP
service (for the
following month's
reporting).
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 9
MTTR.1 . Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusina how lona it takes to restore services to proper operation.
Description:
Measures the average time taken to clear trouble reports.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified below.
. Includes customer direct reports, customer-relayed reports, and test assist reports that result in a
trouble report.
. Time measured is from date and time of recipt to date and time trouble is cleared.
Reporting Period: One month Unit of Meaure: Hours and Minutes
.
Reporting:
Individual CLEC
Disaggregation Reporting: Regional leveL.
. Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" wil be reported according to orders involving:
MTTR-1A Dispatches (Includes within MSA and outside MSA); and
MTTR-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-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone-
type disaggregation) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0
K (TOK), Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in Product
Reporting under "Zone-type Disaggregation".
. For products measured from MTAS data (products listed for MSA-type disaggregation), trouble
reports involving a "no access" delay.
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving 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 per the measure definition.
.
ATTACHMENT 3 - Performance Targets for Qwest QLSpTM Service
Page 10
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Product Reportina:Performance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-Tvee -.
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSP serice (for the following
month's reporting).
ATTACHMENT 3 - Performance Targets for Qwest QLSp™ Service
Page 11
TR.1 . Trouble Rate
Purpose:
Evaluates the overall rate of trouble reports as a percentage of the total installed base of the service or
element.
Description:
Measures trouble reports by product and compares them to the number of lines in service.
. Includes all trouble reports closed during the reporting period, subject to exclusions specified
below.
. Includes all applicable trouble reports, including those that are out of service and those that are
only service-affecting.
Reporting Period: One month Unit of Measure: Percent
.
Reporting Individual CLEC Disaggregation Reporting: Regional leveL.
Formula:
((Total number of trouble reports closed in the reporting period involving the specified service
grouping) + (Total number of the specified services that are in service in the reporting period)) x 100
Exclusions:
. Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type, trouble reports coded
to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network
Interface; No Field Visit Test OK, No Field Visit Found OK, Field Visit Found OK, and
Miscellaneous - Non-Dispatch, non-Qwest (includes CPE, Customer Instruction, Carrier,
Alternate Provider).
- For products measured from WFA (Workforce Administration) data (products listed for Zone- .
type) trouble reports coded to trouble codes for No Trouble Found (NTF), Test 0 K (TOK),
Carrier Action (IEC) and Customer Provided Equipment (CPE).
. Subsequent trouble reports of any trouble before the original trouble report is closed.
. Information tickets generated for internal Qwest system/network monitoring purposes.
. Time delays due to "no access" are excluded from repair time for products/services listed in
Product Reporting under "Zone-type".
. For products' measured from MTAS data (products listed for MSA-type, trouble reports involving a
"no access" delay.)
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving offcial company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure.definition.
.
ATIACHMENT 3 - Performance Targets for Qwest QLSp™ Servce
Page 12
.
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.
Product Reporting:Performance Target:
MSAType:.QLSP-POTS Diagnostic
Zone Type: .
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
ATTACHMENT 3 - Performance Targets for Qwst QLSp™ Servce
Page 13
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Qwest Local Services Platforr™ (QLSpTM) Rate Page -Idaho
Janua 4 2011 throu h 1err*
109.Shared TranSMrt Purcased As Par of QLSplI
109..1 OLSpTM Residential Business and PAL in IDoS (Per MOU 1$(.0011100
109..2 OLSpTM Centrex ISDN BRI PAL in ID.N and PBX Analoa Trunks (Per lineltnkl UGUST ~35
109.11 Local SwhlW; Purchased As Part of QLSplI
109.11.1 Port Basic Plan,n9.".1.'Analnn Port 621
109.11.1.2 Residential end user crdit LAWUR t."I.07 1
109.11.1.3 Effve OLSpTM Residential Analnn Port 3.14 1
109.11.1.4 Di 'tal Por ISunnorlnn BRI l~DN 17.40
1i9.".'.5 PBX DID Port 7.30
109.11.2 Inteona~ Blank
109.11.3 Por If 90% yay Volume Retention Plan R""ulrements Are Met
109.11.3.1 Analoa Port 5.59
109.11.32 Analoo Port Residential end user credit LAW"R 2.51 1
109.11.3.3 Effctve OLSpTM Residential Analon Pn 3.08 1
109.11.3.4 D;"itl Port (Suooorlna BRI ISDNl 17.40
109.11.3.5 PBX DID Port 7.30
109.11.4 Intntionallv Blank
109.11.5 Port If 115% YOY Volume Grow Plan R..ulrements Are Met .
109.11.5.1 Analo Port CA.35
109.11.5.2 Analna Port Residential end sercreit LAWUR 1.40 1
109.11.5.3 Effecve QLSpTM Residentil Analoa Port 2.95 1
100.11.5.4 Di lilAI Port Sunnorlna BRI ISDN\17.40
109.11.5.5 PRXDIDPort 7.30
109.11.6 Intetionallv Blank
109.11.7 Lol Switch Usaae
109.11.7.1 nLSpTM Reidential, Busines, and PAL in IDoS Per MOU\cn.nOl34
109.11.7.2 f1LSpTM Centrx ISDNBRI pAl inlD-N "ndPBXAnalnnTrunks ParLinerunk UGUFM '11.13
109.11.8 Switch Feares 2
109.11.8.1 Account Cod"" . nAr S""tem AZPS -c 75.00
109.11.8.2 Atendant Acss Line. oer Station Line DZR 10.00
109.11.8.3 Audible Mesane Waitinn MGN MW 12.00
109.11.8.Authorization Codes. oør Svstem AFS 5.00
109.11.8.5 Automatic Line ElVB .00
109.11.8.6 Au'oma ic Roule Selecton. Common Enuinment nar S""tem F5GPG '122 0.0
109.11 R.7 Call Droo FIDONLY 5.00
109.11.8.8 Call Exclusion. Automatic NX ISDNl 5.00
109.11.8.9 Call Exclusion. Manual NA.FID $5.00
IDSNl
109.11.8.10 Call Forwrdino Busv Line. In.-inn Onl"69B1X $5.001
109.11.8.11 Call Forwrdina Dnn' Answr Inominn Onlv 69A '15.00
100.11.8.12 Call Forwrdino: Busv Line I Don' Answer Pronrammable "'erice Estblishment SEPFA 50.00
109.11.8.13 Call Forwrdlna: Don't Answr I Call Forwrdinn Bus;; Custmer ProorammablA ner Line FSW 10.00
109.11.8.14 Call Waitina Indicatin. oerlimino State WUT 25.00
109.11.8.15 Centrex Common Enuinment HYE HYS 160.00
109.11.8.16 CLAS. Call Trace Per Occurrence NOUSOC $0.4
109.11.8.17 CLAS. Continuous Redial NSS in.o
109.1'.8.1R LAS . Last Call Return NSO 10.00
109.11.8.19 CLAS.PriorilvCallnn NSK in.oo
109.11.8.20 LAS . Selecve Call Forwrdinn NCE 10.00
109.11.8.21 LAS . Selecve Call Reiecon FKOPN NSY 10.00
109.11.8.22 Direct Sta ion Selecton I Busv Lamn FiAd ner ArrannemAnt BUD 8.00
109.11.8.2~ Directed Call Pick"n with Barne-in 6MD .00
109.11A24 Direcd Call Pickun without Barae~n 69D 5.00
109.11.8.25 Distnctve Rinn/Distin""ve Call W"itnn RNN 5.00
109.11A26 i:vnensive Route Wamina Tone OAr S""tem AOWPS o.no
109.11.8.27 Groun IntArcom GCN 8.00
109.11.8.28 Hotline, per Line HLN,HLA $8.00
109.11.8.29 Huntinn: Multinositlnn HuntOueuinn MH5 $5.00
109.11.8.30 Huntino: Multiaosition wilh Announcement in Oueue MHW !l5.0
109.11.8."11 Huntinn: Multnosition with Music in nue e MOHPS $100.00
109.11.8.32 ISDN Short Hunt NHGPG,$10.00
NHGPN
109.11.8.33 Loudsoeakar Paoina. oer T unk Groun PTOPG ICB
109.11.8.34 M ke Busv ArrAnnAments ner Groun A9AFX P89 $2O.nO
109.11.8.35 Make Busv Aranaements. oer Line MB1 $10.00
,n9.".8.38 Meane Center ner ..in Statinn Line MFR $800
109.11.8.37 Mesaae Waitina Visual MV5 ICB
109.11.8.38 Music On Hold ner S""tem MHHPS $75.00
109.11.8.39 Privacv Release K7KPK !lfi.oo
109.11.8.4n nuervlime OT1PK $5.00
109.11.8.41 SMDR.P.Arhived Data SR7CX !l300.00
109.11.8.2 SMDR-P. Service Establisment Charge, Inital Instllation SEPSP,$165.00
SEPSR
,00.1'.R.43 Station Camo-Qn "'ervice ner Main Station CPK 8.00
1 09.11.8.44 li~e of Dav Cantrnl for ARS ner "'''tem ATBPS !l12 .00
109.11.8.45 lime ofDav NCOS Uodale A4T 1.00
109.11.8.46 lime of Dav Routinn ner Line ATB 1.00
109.11.8.47 Trunk Vercation frm Deanated Statinn BVS $100.00
109.11.8.48 UCD in Hunt Groun ner Line MHM .!l6.00
109.11.8.49 Premium Port Features. Aditonal Char..'17.08
109.11.8.49.1 CMS . Svser E.iAblishment - Inital Installation MBXX !ll0oo.00
Owst Local Services Platfrm 1M Agreement OLSP1M Rate Sheet-Vl.2.3 04.11.08
Qwest Local Servces PlatformlM (QLSplM) Rate Page -Idaho
Janua 4 2011 throu h Term*
109.11.8.49.2 CMS - Siitem Estbimeii Sub""uent Installation CPVO $50.00
109.11.8.49.3 CMS - Packet Cotrl Caoabilit. Dêr Siite PTGPS $1500.00
109.11.8.49.4 Confrence Callino - Met Me MJPK $5.00
109.11.8.49.5 Confrence Callina - Pres M0PK $5.00
109.11.8.49.6 Confrence Callia . Sta Dial 6-Wavl GV $5.00.
109.11.9 Oter
109.11.9.1 Custom Number
109.11.9.1.1 Idaho Nort See Applicable Owt Retail 6
Tari, Catalog or Price Ust les
Discount (which will be
provided pursuant to terms and
conditions in CLEC's !CA).
109.11.9.1.2 Idaho SouUi See Applicable Owt Retail 6
Tari, Catal09 or Price List less
Discont (which will be
provided pursuant to terms and
conditions in CLEC's !CA).
109.11.9.2 PBX DID Comnlex Translations Dinils Outnulsd Channe Sinnalinn $15.2
109.11.9.3 PBX DID Comolex Translatins Sianalina Chanae $35.5
109.11.9.4 PBX DID Bloc Comnroise $25.
109.11.9.5 PBX DID Gruo of 20 Numbers $31.3
109.11.9.6 PBX DID Resrve S""uentiAI # Block $25.3
109.11.9.7 PBX DID Resrve Nonseauential Teleohone Numbers $23.6
109.11.9.8 PBX DID Nonseauential Teleohone Numbers $33.1
109.11.10 Subseauent Order Charae NHCUU $12.17 4
109.11.11 Qwest Camoon QCllntrLATA Toll LPIC 5123
109.11.11.1 Idaho Nort See Applicble Qwst Retil 6
Tari, Catalog or Prce List les
Discount (which will be
provided pursuant to terms and
conditions in CLEC's ICA).
109.11.11.2 Idaho SouUi See Applicable Owt Retail 6
Tari, Catalog or Pri Ust les
Discount (which will be
provided pursuant ta terms and
conditions in CLEC's !CA).
109.20 Miscllaneus Charge 5
109.0.1 Deslan . Nort
109.20.1.1 Maintenance of Service
109.20.1.1.1 Basic
109.20.1.1.1.1 First Increent WW -
109.20.1.1.1.2 Each Additonal Incrment MV1X ..
109.20.1.1.2 Overtme
109.20.1.1.2.1 First Increment MVOX -
109.20.1.1.2.2 Each Additional Increment MV2X -
109.20.1.1.3 Premium
109.20.1.1.3.1 First Increment MVPX ..
109.20.1.1.3.2 Each Additianal Incrent MV3X ..
109.20.1.2 Ontional Testina (Additonal Labor)
109.20.1.2.1 Basic First and Each Additinal Increment OTNBX ..
109.20.1.2.2 Overtme First And Each Adtiitonal Increment OTNOX -
109.20.1.2.3 Premium First and Each Additional Increment OTNPX -
109.20.1.3 Disoatch (Additonal Disoatch - No trouble found VT6DC ..
109.20.1.4 Disnatch for Maintenance of Servic - No Trouble Found VT6DM ..
109.20.2 Deslan and NonoDeslan . Nor
109.20.2.1 Trio Charae - Premises Visit Charae SCO ..
109.20.2.2 Premiss Work Charae
109.20.2.2.1 Basic
109.20.2.2.1.1 First Increment HRD11 ..
109.20.2.2.1.2 FAch Additinal Increment HRDA1 ..
109.20.2.2.2 Overtme
109.20.2.2.2.1 First Increment HRD12 ..
109.20.2.2.2.2 Each Additional Increment HRDA2 ..
109.20.2.2.3 Premium
109.20.2.2.3.1 Firs Increment HRD13 ..
109.20.2.2.3.2 Each Additional Increment HRDA3 ..
109.20.2.3 Netwrk Premises Wark Charne
109.20.2.3.1 Basic First Increment HRR11 ..
109.20.2.3.2 Basic Each Additional Increment HRRA1 ..
109.20.2.3.3 Overtime First Increment HRR12 ..
109.20.2.3.4 Overtme Each Addiflonallncrement HRRA ..
109.20.2.3.5 Premium First Incrment HRR13 ..
109.20.2.3.6 Premium Each Additanal Increment HRRA ..
109.20.2.4 DaeChanae VT6DC ..
Qwst Local Service Platfrm 1M Agreement QLSP1M Rate Sheet-V1.2.3 04.11.08
..
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2
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Qwest Local Servces Platform™ (QLSpTM) Rate Page -Idaho
sinn ChannA H28"O:vnedite Charae PAr dav advanced IFODDB -
('''ncellation Charne NoUSrv ICB
109.20.3 Non.Deslon . Sout
109.20.3.1 Netwrk Premise Work Chame
109.20.3.1.1 All Hours 1st 15 minute"HRH11 ..
1 09 7".~.1.2 All H'" 'rs nAvl three 15 minutes HRHA1 ..
109.20.3.1.3 All Hours ea addtl 15 minutes HRDA1 -
109.0.4 Deslnn . Soth
109.20.4.1 Maintenance of SArvice
109.20.4.1.1 Basic
109.20.4.1.1.1 Firs IncrAment WWXX ..
109.20.4.1.1.2 Each Additional Increment WW1X -
109.20.4.1.2 Overtime
109.20.4.1.2.1 First Increment WWOX -
109.20.4.1.2.2 Each Additional Increment WW2X -
109.20.4.1.3.1 Prium
109.20.4.1.3.1 First Increment WWPX ..
109.20.4.1.3.2 Each Additonal Incrment WW3X ..
-c
,na?n..~4 ..
..ITIRX -
109.20.4.2.2 OvertmA Firs ann Eah Additionall;Vement OTNOX -
109.20.4.2.3 PrAmium First and Each Additional Increment OTNPX ..
109.20.4:-OisDatch Additonal Disnalch - No truble found VT60C -
in9.2 .4.4 Oisnatch for Maintenanr.A of Service - No TroublA ¡:d VT60M -
100.20.4,5 Netwrk Premis Work Charoe
109.20.4.5.1 Basic
ino.20.2.5.1.1 Firs Increment HRH11 -
109.20.2.5.1.2 FAch AdditonallncrAment HRHA1 -
109.20.4.5.2 OVArtme
109.2".2.5.2.1 First Incrmen HRH12 ..
109.20.2.5.2.2 Each Additional Incrment HRH ..
109.20.4.5.3 Premium
109.20.2.5.3.1 First Incremen HRH1~-
109.20.2.5.3.2 Each Additional Increment HRHA3 -
109.0.5 Deslnn and Non-Desan . South
119.20.5.1 Trin Charae - Premises Visit Chame NRT"Y ..
109.20.5.2 Premioes Work harnA
109.20.5.2.1 Basic
109.20.5.2.1.1 Fi"'t In"ement HRD11 -
109.20.5.2.1.2 Each Additional IncremAnt HRDAl ..
109.20.5.2.2 Overtime
109.20.5.2.2.1 First Increment HRD1?-
109.20.5.2.2.2 Each Additinal Increment HROA2 ..
109.20.5.2.3 Premium
109.20.5.2.3.1 Firs Increment HRD1~-
101l.20.5.2.3.2 Each AdditionallnrrAment HROA3 ..
'00.20.5.3 OateChanae VT6DC ..
109.20.5.4 Desion Chanoe H28 ..
109.20.5.5 Ex edite Charae Per dav advanced EODOB ..
109.20.5.6 Cancellatin Charae NoUSOC ICB
109.23 QLSP'" Installation and Converion Nonrecrrna Chara ¡NRCsl
109.3.1 Conversion Nonrecrrna Charaes
109.23.1.1 QLSP'" Busines Centrex PAL and PBX Analnn non-DID Trunks Residenal .
109.23.1.1.1 First Line (Machoniz UR CU 1.50
109.23.1.1.2 Each Additonal Line (Meanized UR"CY !£.5
109.23.1.1.3 First Line (Manual'URCCV 15.00
109.73.1.1.4 Each Additional Line (Manual'RCCZ 3.00
109.23.1.2 QLSP'" PBX DID Trunks
109.23.1.2.1 Fi"'tTrunk URCCD $28.84
1"9.23.1.2.2 Each Additional $2.73
109.23.1.3 QLSP'" ISDN BRI
10923.1.3.1 First URCCU $3.66
109.23.1.3.2 Each Additional $2.7
109.3.Installation Nonrecrrlna Charoes
109.23.2.1 QLSP'" Busines Centrex PAL and PBX Analnn non.DID Trunks Resideal
109.23.2.1.1 First Line Mechanized NHCRA 050.0
109.23.2.1.2 Each Additonal Line Mechanized'NHCRC 18.0
1"9.23.2.1.3 Firs Line Manual NHCRB 75.00
109.23.2.1.4 Each Additonal Line Manual NHCRO 0.0
109.23.2.2 QLSP'" Analnn DID PBX Trunks $15.21
109.23.2.3 QLSP'" ISDN.BRI $27296
OWs! Locl Services Platfrm 1M Agreement QLSP1M Rate Shee-V1.2.3 04.11.08 3
109.23.3.2 Idaho South
See Applicable Owst Retail 6
Tari. Catalog or Price Listles
Discont (which ";11 be
provided pursuant to term and
conditons in CLEC's ICA).
See Applicable Owst Retail 6
Tari, Catlog or Price List les
Discount (which ,.11 be
provided pursuant to terms and
conditions in CLEC's ICA).
.
109.23A Qwest Voice Mesa In Serice
109.23.4.1 Idaho Nort 6
109.23.4.2 Idaho South
See Applicable Qwt Retail
Tari, Catalog or Price List les
Disunt (which ,.11 be
provided pursuant to terms and
conditions in CLEC's !CA).
See Applicble Qwt Retail
Tari, Catalog or Prce List less
Discunt (which ,.11 be
provided pursuant to terms and
conditions in CLEC's !CA).
6
112 o allonal Su S stes
112.1 Develoments and Enhancements er Lol Seic Ruest
112.2 On oin 0 erations er Local Service Ruest
112.3 Daily Usage RecrdsHe, per Record
All charges and increments
equal the comparable charges
and increments provided In the
Qwt Wholesale PCAT.
!'.
See Applicable Qw Retil Tari, Catalog or Prce Li for all charges and increments.
Universal Service Order Codes (USOC) have been provided in an efrt to ease item desription and USOC assciation ,.th charges. In the event USOCs are inaccrate
or are revised, Owst resrves the right to coec the Rate Sheet. In the event of any signifcant change(s), notcation ,.11 be provided via the standard notication
QLSP'" Busines and Resdental service utiliz the same Class of Service and line Universl Service Orer coes (USOCs). QLSP'" Residential services,.1I be biled at
the Analog Port rate and only thos lines that specifcally qualif for and are identied as serving a reidential end-user custoer by the presence of the LAWUR USOC ";11
receive the Residential end user crit..2 QLSP'" service includes nondiscminatory acc to all vertcal s,.tch features that are loaded in Qwfs End Ofce S,.tch. See the PCAT for all compatible and available
vertcal S'h features. Only vertcal sIMh features IM Non-Recurrng, Recurrg, or Per OCrrence charges are listed. Non-Recurrng charges are applicable whenever
a feature is added - wheter on new installation, conversion, or change order actvit. Those vertcal swtc features not listed have a rate of $0 for Monthly Recurrng, Non.
Recurring, or Per Occurrence charges.
3 Reserved for future use.
4 The Subsequent Order Charge is applicable on a per order basis when changes are requested to exiting service, including changing a telephone number, initiating or
removing Suspension or Service, denying or restoring serice, adding, removing, or changing feature,. and oOler similar requests.
5 QLSP'" ISDN BRI and PBX are "Design". Remaining QLSP'" service are "Non-Design". All charges and increments shall be the same as the comparable charges and
increments provided in Qwt Retail Tarif, Catalogs, or Price Lists and are subject to change based on changes in Olose undertying Qw Retil Tari, Catalogs, or
Prce Lists. In the event a rate changes, noticatin ";11 be provided via the stndard notitin process.
6 Where the service has been deemed to be a Telecommunications Service, the Discount,.1I be provided pursuant to CLEC's ICA. Where the service is not a
Teleommunications Service, the discount,.1I be 18%.
Qw Local Servi~ P1atform™ Agreement QLSp™ Rate Sheet-V1.2.3 04.11.08
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