20081117Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
RECEIVED
2088 NOV I ì PM 12: 55
IDAHO PUBLIC
UTILITIES COMf"llSSION
Maura E. Peterson
Paralegal
Regulatory Law Qweste
Spirit of Servicee
Via Overnight delivery
November 13, 2008
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. USW-T-00-17
Application for Approval of Amendment to the Interconnection Agreement
American Fiber Systems Inc. (fka IDACOMM 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 ify~ave any questions concerning the enclosed. Thank you for your
assistance in this attér.
,swt
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 2529l)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr(iqwest. com
RF~El\!r=n. ',' "\_v, . . ~ ~"~i.,
ZOO8NOV l ì PH 12: 55
IDAHO PUBLIC
UTILITIES COMMiSSiON
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-17
APPLICATION FOR APPROV ALOF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilities Commission on August 8, 2000 (the "Agreement"). The Amendment with American
Fiber Systems Inc. ("American Fiber") is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications
Act of 1934, as amended by the Telecommuncations Act of 1996 (the "Act").
Section 252( e )(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carier not a pary to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commssion. Expeditious approval of this Amendment wil enable American
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
AMERICAN FIBER SYSTEMS INC.
Fiber to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Qwest furter requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other paries not a party to the negotiations.
Expeditious approval would fuher the public interest.
Respectfully submitted this --ay of November, 2008.
A L. Sherr
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
AMERICAN FIBER SYSTEMS INC.
CERTIFICATE OF SERVICE
.~ -llr
I hereby certify that on this ~ day of November, 2008, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretar
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
i i ewell(ßpuc.state.id. us
Hand Delivery
U. S. Mail
-l Overnight Delivery
Facsimile
Email
David L. F ovel
Manager Network Costs
American Fiber Systems, Inc.
100 Meridiuan Centre, Suite 250
Rochester, New York 14618
Hand Delivery
-2 U. S. Mail
Overnight Delivery
Facsimile
Email
1',
Maura Peterson
Paralegal, Qwest Corporation
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
AMERICAN FIBER SYSTEMS INC.
RECEIVED
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100 Meridian Cenlt, Suit 250~r,NY 14818
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APPUCALE STATU:Wahln.n 7.0 (wi Commerl Pen80ctMMI 8Id Reng. Pel1nce Tørtt anSece Cred, _ dnd in Secon 7.0 of
Atthment 2 to thla Agret): or
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(PIOIPAP) fo Wl8ng on, as deisbt in Secton8.0 of Atment 2 to thÌl Ac,"ment).
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WHEREAS, CLEC desires to purchase from Qwest certain combinations of Network Elements, ancilary functions, and additional
features, including without limitation, the local Loop, Port, switching, and Shared Transport.
Now, therefore, in consideration of the terms and conditions contained herein, CLEC and Qwest mutually agree as follows:
1. Definitions. Capitalized terms used herein are defined in
Attachment 1.
2. Effective Date. This Agreement is effective upon the
latest execution date by the Partes ("Effective Date").
2.1 CLEC's Qwest Platform Plus ™ Master Services Agreement,
if any, is terminated immediately upon execution of this Agreement,
and Qwest will provide CLEC local platform services only pursuant to
the terms and conditions of this Agreement. The effective billng date
for QLSP services wil be the latest date of execution by the Parties.
3. Term. The term of this Agreement begins on the
Effective Date and continues through January 3, 2011. In the event
that at the expiration of the Agreement CLEC has any remaining
Customers served under this Agreement, Qwest may immediately
convert CLEC to an equivalent alternative service at market-based
wholesale rates.
4. Scope of Agreement: 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 territory in the
states. of Arizona, Colorado, Idaho, Iowa, Minnesota, Montana,
Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington and Wyoming.
4.2 In the event of a conflict in any term of any documents that
govern the provision of Services hereunder, the following order of
precedence wil apply in descending order of control: an Attachment,
Rate Sheet, this Agreement, and any Order Form. The Parties agree
that the Services offered and purchased under this Agreement are
subject to compliance with all Applicable Laws and regulations; 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 the law, rules,
regulations and interpretations thereof, including but not limited to
Federal rules, regulations, and laws, as of the Effective Date ("Existing
Rules"). Nothing in this Agreement shall be deemed an admission by
Qwest or CLEC concerning the interpretation or effect of the Existing
Rules or an admission by Qwest or CLEC that the Existing Rules
should not be changed, vacated, dismissed, stayed or modified.
Nothing in this Agreement shall preclude or estop Qwest or CLEC from
taking any position in any forum concerning the proper interpretation or
effect of the Existing Rules or concerning whether the Existing Rules
should be changed, vacated, dismissed, stayed or modified.
4.4 If a change in law, rule, or regulation materially impairs a
Part's ability to perform or obtain a benefit under this Agreement, both
Parties agree to negotiate in good faith such changes as may be
necessary to address such material impairment.
4.5 To receive services under this Agreement, CLEC must be a
certified CLEC under applicable state rules. CLEC may not purchase
or utilze Services covered under thIs Agreement for its own
administrative use or for the use by an Affliate.
4.6 Except as otherwise provided in this Agreement, the Parties
agree that Services provided under this Agreement are not subject to
the Qwest Wholesale Change Management Process ("CMP"), Qwests
08-13-08/rsd/ID/American Fiber Systems/COS-080813-0001
Qwest QLSpTM MSA - (v3-20-08)
Performance Indicators ("PIO"), Performance Assurance Plan ("PAP"),
or any other wholesale service quality standards, or liquidated
damages and remedies. Except as otherwise provided, CLEC hereby
waives any rights it may have under the PID, PAP and all other
wholesale service quality standards to liquidated damages, and
remedies with respect to Services provided pursuant to this
Agreement. CLEC proposed changes to Service attributes and
process enhancements wil be communicated through the standard
account interfaces. Change requests common to shared systems and
processes subject to CMP wil continue to be addressed via the CMP
procedures.
5. CLEC Information. CLEC agrees to work with Qwest in
good faith to complete promptly or update, as applicable, Qwests
"New Customer Questionnaire" to the extent that CLEC has not
already done so, and CLEC shall hold Qwest harmless for any
damages to or claims from CLEC caused by CLEC's failure to
complete or update the questionnaire.
6. Financial Terms.
6.1 The description of the Service and applicable rates are set
forth in the Attachments and Rate Sheets. The Parties agree that the
referenced rates are just and reaSOnable.
6.2 Taxes, Fees, and other Governmental Impositions.
All charges for Services provided herein are exclusive of any federal,
state, or local sales, use, excise, gross receipts, transaction or similar
taxes, fees or surcharges ("Tax" or "Taxes"). Taxes resulting from the
performance of this Agreement shall be borne by the Part upon which
the obligation for payment is imposed under Applicable Law, even if
the obligation to collect and remit such Taxes is placed upon the other
Party. However, where the sellng Part is specifically permitted by an
Applicable Law to collect such Taxes from the purchasing Part, such
Taxes shall be borne by the Part purchasing the services. Each Part
is responsible for any tax on its corporate existence, status or income.
Taxes shall. be biled as a separate item on the invoice in accordance
with Applicable Law. The Part Biling such Taxes shall, at the written
request of the Party biled, provide the billed Part with detailed
information regarding biled Taxes, including the applicable Tax
jurisdiction, rate, and base upon which the Tax is applied. If either
Party (the Contesting Part) contests the application of any Tax
collected by the other Party (the Collecting Part), the Collecting Party
shall reasonably cooperate in good faith with the Contesting Part's
challenge, provided that the Contesting Part pays any reasonable
costs incurred by the Collecting Part. The Contesting Part is entitled
to the benefi of any refund or recovery resulting from the contest,
provided that the Contesting Part has paid the Tax contested. If the
purchasing Party provides the sellng Part with a resale or other
exemption certificate, the selling Party shall exempt the purchasing
Part if the sellng Part accepts the certificate 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 Party to that Part,
that Party shall refund the incorrectly or erroneously collected Tax or
paid Tax to the other Part.
6.3 Each Party shall be solely responsible for all taxes on its
own business, the measure of which is its own net inconie or net worth
and shall be responsible for any related tax filings, payment, protest,
audit and liigation. Each Part shall be solely responsible for the
Biling, collection and proper remittance of all applicable Taxes relating
to its own services provided to its own Customers.
Page 2 of 11
7. Intellectual Property.
7.1 Except for a license to use any facilties or equipment
(including softare) solely for the purposes of this Agreement or to
receive Service solely as provided in this Agreement or as specifically
required by the then-applicable federal rules and regulations relating to
Services provided under this Agreement, nothing contained within this
Agreement shall be construed as the grant of a license, either express
or implied, with respect to any patent, copyright, trade name,
trademark, service mark, trade secret, or other proprietary interest or
intellectual propert, now or hereafter owned, controlled or licensable
by either Party. Neither Party may use any patent, copyright, trade
name, trademark, service mark, trade secret, nor other proprietary
interest or intellectual property, now or hereafter owned, controlled or
licensable by either Party without execution of a separate written
agreement between the Parties.
7.2 Subject to the general Indemnity provisions of this
Agreement, each Party (an Indemnifying Part) shall indemnify and
hold the other Party (an Indemnified Party) harmless from and against
any loss, cost, expense or liability arising out of a claim that the
services provided by the Indemnifying Party provided or used pursuant
to the terms of this Agreement misappropriate or otherwise violate the
intellectual propert rights of any third party. The obligation for
indemnification recited in this paragraph shall not extend to
infringement which results from:
A. any combination of the facilties or service of the
Indemnifying Party with facilities or services of any other Person
(including the Indemnified Part but excluding the Indemnifying
Part and any of its Affliates), which combination is not made by
or at the direction of the Indemnifying Part or is not reasonably
necessary to CLEC's use of the Services offered by Qwest under
this Agreement; or
B. any modification made to the facilities or services of the
Indemnifying Part by, on behalf of, or at the request of the
Indemnified Part and not required by the Indemnifying Party.
7.3 In the event of any claim, the Indemnifying Part may, at its
sole option obtain the right for the Indemnified Part to continue to use
the facilty or service; or replace or modify the facility or service to
make such facility or service non-infringing.
7.4 If the Indemnifying Part is not reasonably able to obtain the
right for continued use or to replace or modify the facility or service as
provided above and either the facilty or service is held to be infringing
by a court of competent jurisdiction; or the Indemnifying Part
reasonably believes that the facilty or service wil be held to infringe,
the Indemnifying Party wil notify the Indemnified Part and the Partes
wil negotiate in good faith regarding reasonable modifications to this
Agreement necessary to mitigate damage or comply with an injunction
which may result from such infringement; or allow cessation of further
infringement.
7.5 The Indemnifying Part may request that the Indemnified
Part take steps to mitigate damages resulting from the infringement or
alleged infringement 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 federal and state
law, Qwest shall use commercially reasonable efforts to obtain, from its
vendors who have licensed intellectual propert rights to Qwest in
connection with Services provided hereunder, licenses under such
intellectual propert rights as necessary for CLEC to use such Services
as contemplated hereunder and at least in the same manner used by
Qwestfor the Services provided hereunder. Qwest shall notify CLEC
08-13-08/rsd/l D/ American Fiber Systems/CDS-080813-0001
Qwest QLSpTM MSA - (v3-20-08)
immediately in the event that Qwest believes it has used its
commercially reasonable effort to obtain such rights, but has been
unsuccessful in obtaining such rights. Nothing in this subsection shall
be construed in any way to condition, limit, or alter a Part's
indemnification obligations under Section 7.2, preceding.
7.7. Neither Part shall without the express written permission of the
other Party, state or imply that it is connected, or in any way affliated
with the other or its Affliates; it is part of a joint business association or
any similar arrangement with the other or its Affliates; the other Party
and its Affliates are in any way sponsoring, endorsing or certifying it
and its goods and services; or with respect to its marketing, advertising
or promotional activities or materials, the services are in any way
associated with or originated from the other Party or any of its
Affliates.
7.8 Nothing in this Section prevents either Part from truthfully
describing the Service 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 otherwise attempt to sell its End
User Customers using the name of the other Part or its Affliates.
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
Sunday or on a holiday which is observed on a Monday, the payment
date wil be the first non holiday day following such Sunday or holiday.
If such a payment date falls on a Saturday or on a holiday which is
observed on Tuesday, Wednesday, Thursday or Friday, the payment
date shall be the last non holiday day preceding such Saturday or
holiday. For invoices distributed electronically, the date of the invoice
date is the same as if the invoice were biled on paper, not the date the
electronic delivery occurs. If CLEC fails to make payment on or before
the Payment Due Date, Qwest may invoke all available rights and
remedies.
8.2 Cessation of Order Processing. Qwest may discontinue
processing orders for Services for 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 writing at least
ten (10) business days prior to discontinuing the processing of orders
for Services. If Qwest does not refuse to accept additional orders for
Services on the date specified in the ten (10) business days notice,
and CLEC's non-compliance continues, nothing contained herein shall
preclude Qwests right to refuse to accept additional orders for
Services from CLEC without furter notice. For order processing to
resume, CLEC wil be required to 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 disconnect any Services
provided under this Agreement for failure by CLEC to make full
payment for such Services, less any good faith disputed amount as
provided for in this Agreement, within sixty (60) Days following the
Payment Due Date provided that Qwest has first notified CLEC. in
writing at least ten (10) business days prior to disconnecting Services.
CLEC wil pay the applicable charge set fort in the Rate Sheet
required to reconnect Services for each End User Customer
Page 3 of 11
disconnected pursuant to this paragraph. In case of such
disconnection, all applicable undisputed charges, including termination
charges, wil become due. If Owest does not disconnect CLEC's
Service on the date specified in the ten (10) business days notice, and
CLEC's noncompliance continues, nothing contained herein shall
preclude Owests right to disconnect any or all Services. For
reconnection of the Service to occur, CLEC ÍNill be required to make
full payment of all past and current undisputed charges under this
Agreement for Services and Owest may require a deposit (or
recalculate the deposit) pursuant to Section 8.5. In addition to other
remedies that may be available at law or equity, each Party reserves.
the right to seek equitable relief, including injunctive relief and specific
performance. Notwithstanding the foregoing, Owest will not effect a
disconnection pursuant to this section in such manner that CLEC may
not reasonably comply with Applicable Law concerning End User
Customer disconnection and notification, provided that, the foregoing is
subject to CLEC's reasonable dilgence in effecting such compliance.
8.4 Billng Disputes. Should CLEC dispute, in good faith, and
withhold payment on any portion of the charges under this Agreement,
CLEC will notify Owest in writing within fifteen (15) Days following the
Payment Due Date identifying the amount, reason and rationale of
such dispute. At a minimum, CLEC wil pay all undisputed amounts
due to Owest. Both CLEC and Owest agree to expedite the
investigation of any disputed amounts, promptly provide reasonably
requested documentation regarding the amount disputed, and work in
good faith in an effort to resolve and settle the dispute through informal
means prior to invoking any other rights or remedies.
A. If CLEC disputes charges and does not pay such charges by
the Payment Due Date, such charges may be subject to late
payment charges. If the disputed charges have been withheld
and the dispute is resolved in favor of Owest, CLEC will pay the
disputed amount and applicable late payment charges no later
than the next Bil Date following the resolution. CLEC may not
continue to withhold the disputed amount following the initial
resolution while pursuing further dispute resolution. If the
disputed charges have been withheld and the dispute is resolved
in favor of CLEC, Owest 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 Owest, no further action is required. If CLEC
pays the charges disputed at the time of payment or at any time
thereafter, and the dispute is resolved in favor of the CLEC,
Owest wil adjust the Billng, usually within two Billing cycles after
the resolution of the dispute, as follows: Owest wil credit the
CLEC's bil for the disputed amount and any associated interest;
or if the disputed amount is greater than the bil to be credited,
pay the remaining amount to CLEC.
C. The interest calculated on the disputed amounts wil be the
same rate as late payment charges. In no event, however, will
any late payment charges be assessed on any previously
assessed late payment charges.
D. If CLEC fails to dispute a rate or charge within 60 Days
following the invoice date on which the rate or charge appeared,
adjustment wil be made on a going-forward basis only, beginning
with the date of the dispute.
8.5 Security Deposits. In the event of a material adverse
change in CLEC's financial condition subsequent to the Effective Date
of the Agreement, Owest may request a security deposit. A "material
adverse change in financial condition" means CLEC is a new CLEC
with no established credit history, or is a CLEC that has not
08-13-08frsdfl Df American Fiber SystemsfCDS-080813-0001
Owest OLSpTM MSA - (v3-20-08)
established satisfactory credit with Owest, or the Part is repeatedly
delinquent in making its payments, or is being reconnected after a
disconnection of Service or discontinuance of the processing of orders
by Owest due to a previous failure to pay undisputed charges in a
timely manner. Owest may require a deposit to be held as security for
the payment of charges before the orders from CLEC wil be
provisioned and completed or before reconnection of Service.
"Repeatedly Delinquent" means any payment of a material amount of
total monthly Biling under the Agreement received after the Payment
Due Date, three (3) or more times during the last twelve (12) month
period. The initial deposit may not exceed the estimated total monthly
charges for a two (2) month period based upon recent Billng. The
deposit may be an irrevocable bank letter of credit, a letter of credit
with terms and conditions acceptable to Owest, or some other form of
mutually acceptable security such as a cash deposit. The deposit may
be adjusted by CLEC's actual monthly average charges, payment
history under this Agreement, or other relevant factors, but in no event
wil the security deposit exceed five millon dollars ($5,000,000.00).
Required deposits are due and payable within thirt (30) Days after
demand and non-payment is subject to 8.2 and 8.3 of this Section.
8.6 Interest on Deposits. Any interest earned on cash deposits
will be credited to CLEC in the amount actually earned or at the rate
set forth in Section 8.7 below, whichever is lower, except as otherwise
required by law, provided that, for elimination of doubt, the Parties
agree that such deposits are not subject to state laws or regulations
relating to consumer or End User Customer cash deposits; -Cash
deposits and accrued interest, if applicable, will be credited toCLEC's
account or refunded, as appropriate, upon the earlier of the expiration
of the term of the Agreement or the establishment of satisfactory credit
with Owest, which will generally be one full year of timely payments of
undisputed amounts in full by CLEC. Upon a material change in
financial standing, CLEC may request, and Owest wil considßr, 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 Payment Charge. If any portion of the payment is
received by Owest after the Payment Due Date, or if any portion of the
payment is received by Owest in funds that are not immediately
available, then a late payment charge wil be due to Owest. The late
payment charge is the portion of the payment not received by the
Payment Due Date multiplied by a late factor. The late factor is the
lesser of the highest interest rate (in decimal value) which may be
levied by law for commercial transactions, compounded daily for the
number of Days from the Payment Due Date to and including the date
that the CLEC actually makes the payment to Owest; or 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 Owest.
9. Conversions. If CLEC is obtaining services from
Owest under an arrangement or agreement that includes the
application of termination liability assessment (TLA) or minimum period
charges, and if CLEC wishes to convert such services to a Service
under this Agreement, the conversion of such services wil not be
delayed due to the applicabilty of TLA or minimum period charges.
The applicabilty of such charges is governed by the terms of the
original agreement, Tariff or arrangement. Nothing herein wil be
construed as expanding the rights otherwise granted by this
Agreement or by law to elect to make such conversions.
10. Customer Contacts. CLEC, or CLEC's authorized agent,
are the single point of contact for its End User Customers' service
needs, including without limitation, sales, service design, order taking,
Provisioning, change orders, training, maintenance, trouble reports,
repair, post-sale servicing, Billing, collection and inquiry. CLEC will
inform its End User Customers that they are End User Customers of
CLEC. CLEC's End User Customers contacting Owest wil be
instructed to contact CLEC, and Owests End User Customers
Page 4 of 11
contacting CLEC will be instructed to contact Owest. In responding to
calls, neither Party wil make disparaging remarks about each other.
To the extent the correct provider can be determined, misdirected calls
received by either Part wil be referred to the proper provider of Local
Exchange Service; however, nothing in this Agreement shall be
deemed to prohibit Owest or CLEC from discussing its products and
services with CLEC's or Owests End User Customers who call the
other Part.
10.1 In the event Owest terminates Service to CLEC for any
reason, CLEC wil provide any and all necessary notice to its End User
Customers of the termination. In no case will Owest be responsible for
providing such notice to CLEC's End User Customers.
11. Default and Breach. If either Party defaults in the payment
of any amount due hereunder, or if either Party violates any other
material provision of this Agreement and such default or violation
continues for thirt (30) Days after written notice thereof, the other
Part may terminate this Agreement and seek relief in accordance with
the Dispute Resolution provision, or any remedy under this Agreement.
12. Limitation of Liabilty.
12.1 CLEC's exclusive remedies for claims under this Agreement
are limited to CLEC's proven direct damages unless CLEC's damages
are otherwise limited by this Agreement to outage credits or other
service credits, in which case Owests total liability wil not exceed the
aggregate amount of any applicable credits due.
12.2 Except for indemnification and payment obligations under
this' Agreement, neither Party shall be liable to the other for indirect,
incidental, consequential, exemplary, punitive, or special damages,
including, without limitation, damages for lost profits, lost revenues, lost
savings suffered by the other Part regardless of the form of action,
whether in contract, warranty, strict liability, tort, including, without
limitation, negligence of any kind and regardless of whether the Parties
know the possibility that such damages could result.
12.3 Nothing contained in this Section shall limit either Part's
liabilty to the other for willful misconduct, provided that, a Part's
liabilty to the other Part pursuant to the foregoing exclusion, other
than direct damages, wil be limited to a total cap equal to one hundred
per cent (100%) of the annualized run rate of total amounts charged by
Owest to CLEC under the Agreement.
13. Indemnity.
13. 1 The Parties agree that unless otherwise specifically set forth
in this Agreement the following constitute the sole indemnification
obligations between and among the Parties:
A. Each Party (the Indemnifying Part) agrees to release,
indemnify, defend and hold harmless the other Party and each of
its offcers, directors, employees and agents (each an Indemnitee)
from and against and in respect of any loss, debt, liability,
damage, obligation, claim, demand, judgment or settlement of any
nature or kind, known or unknown, liquidated or unliquidated
including, but not limited to, reasonable costs and expenses
(including attorneys' fees), whether suffered, made, instituted, or
asserted by any Person or entity, for invasion of privacy, bodily
injury or death of any Person or Persons, or for loss, damage to,
or destruction of tangible propert, whether or not owned by
others, resulting from the Indemnifying Party's breach of or failure
to perform under this Agreement, regardless of the form of action,
whether in contract, warranty, strict liability, or tort including
(without limitation) negligence of any kind.
B. In the case of claims or loss alleged or .incurred by an End
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Owest OLSpTM MSA - (v3-20-08)
User Customer of either Part arising out of or in connection with
Services provided to the End User Customer by the Part, the
Party whose End User Customer alleged or incurred such claims
or loss (the Indemnifying Part) shall defend and indemnify the
other Party and each of its offcers, directors, employees and
agents (collectively the 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 Indemnifying Party's End User Customers shall not
extend to any claims for physical bodily injury or death of any
Person or persons, or for loss, damage to, or destruction of
tangible property, whether or not owned by others, alleged to
have resulted directly from the negligence or intentional conduct
of the employees, contractors, agents, or other representatives of
the Indemnified Party.
13.2 The indemnification provided herein is conditioned upon:
A. The Indemnified Part wil 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 Party's ability to defend such
claim.
B. If the Indemnifying Party wishes to. defend against. such
action, it wil give written 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
accept the defense of the action, the Indemnified Part has the
right to employ counsel for such defense at the expense of the
Indemnifying Part. Each Party agrees to cooperate with the
other Party in the defense of any such action and the relevant
records of each Party wil be available to the other Party 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 pertaining
to any such action without the prior written consent of the
Indemnified Part. In the event the Indemnified Party 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 liability in excess
of such refused compromise or settlement.
14. Limited Warranties.
14.1 Each Part wil provide suitably qualified personnel to perform this
Agreement and all Services hereunder in a good and workmanlike
manner and in material conformance with all Applicable Laws and
regulations.
14.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
OWEST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED
HEREUNDER. OW EST 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.
Page 5 of 11
15. Relationship. Except to the limited extent expressly
provided in this Agreement neither Party has the authority to bind the
other by contract or otherwise or make any representations or
guarantees on behalf of the other or otherwise act on the other's
behalf; and the relationship arising from this Agreement does not
constitute an agency, joint venture, partnership, employee relationship,
or franchise.
16. Assignment.
16.1 CLEC may not assign this Agreement or any rights or
obligations hereunder without the prior written consent of Qwest, which
consent will not be unreasonably withheld. Notwithstanding the
foregoing and subject to the prior credit review, submission of
appropriate legal documentation (including, but not limited, to any
appropriate Secretary of State or other filings or documents specified
by Qwest and approval by Qwest of CLEC's proposed assignee, CLEC
may assign this Agreement without prior written consent of Qwest to
any Affliate, successor through merger, or acquirer of substantially all
of its assets; and Qwest may assign this Agreement without prior
written consent to any Affliate, successor through merger, or acquirer
of substantially all of its business assets; provided that in all cases the
assignee of CLEC or Qwest, as applicable, acknowledge in writing its
assumption of the obligations of the assignor hereunder. Any
attempted assignment in violation hereof is of no force or effect and is
void. Without limiting the generality of the foregoing, this Agreement
will be binding the Parties' respective successors and assigns.
16.2 In the event that Qwest transfers to any unaffliated part
exchanges including End User Customers that CLECserves in whole
or in part through. Services provided by Qwest under this Agreement,
Qwest wil ensure that the transferee serve as a successor to and fully
perform all of Qwests responsibilities and obligations under this
Agreement for a period of ninety (90) Days from the effective date of
such transfer or until such later time as the FCC may direct pursuant to
the FCC's then applicable statutory authority to impose such
responsibilities either as a condition of the transfer or under such other
state statutory authority as may give it such power. In the event of
such a proposed transfer, Qwest wil use best effort to faciltate
discussions between CLEC and the transferee with respect to
transferee's assumption of Qwests obligations after the above-stated
transition period pursuant to the terms of this Agreement.
17. Reporting Requirements. If reporting obligations or
requirements are imposed upon either Party by any third part or
regulatory agency in connection with either this Agreement or the
Services, including use of the Services by CLEC or its End Users, the
other Part agrees to assist that Party in complying with such
obligations and requirements, as reasonably required by that Part.
18. Survival. The expiration or termination of this Agreement
does not relieve either Party of those obligations that by their nature
are intended to survive.
19. Confidentialiy/ Nondisclosure.
19.1 Neither Party wil, without the prior written consent of the
other Party issue any public announcement regarding, or make any
other disclosure of the terms of, this Agreement; or disclose or use
(except as expressly permitted by, or required to achieve the purposesof, this Agreement) the Confidential Information of the other Party.
Consent may only be given on behalf of a Part by its Legal
Department. However, a Part may disclose Confidential Information if
required to do so by a governmental agency, by operation of law, or if
necessary in any proceeding to establish rights or obligations under
this Agreement, provided that the disclosing Party gives the non-
disclosing Party reasonable prior written notice. Notwithstanding the
foregoing, if reporting or filing obligations or requirements are imposed
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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 harmless for any failure by CLEC in this regard. Qwests
compliance with any regulatory filing obligation wil not constitute a
violation of this section.
19.2 All Confidential Information will remain the property of the
disclosing Party. A Part who receives Confidential Information via an
oral communication may request written confirmation that the material
is Confidential Information. A Part who delivers Confidential
Information via an oral communication may request written
confirmation that the Part receiving the information understands that
the material is Confidential Information. Each Party has the right to
correct an inadvertent failure to identify information as Confidential
Information by giving written notification within thirt (30) Days after the
information is disclosed. The receiving Part wil from that time
forward, treat such information as Confidential Information.
19.3 Upon request by the disclosing Part, the receiving Part wil
return all tangible copies of Confidential Information, whether written,
graphic or otherwise, except that the receiving Party may retain one
copy for archival purposes.
19.4 Each Party wil keep all of the other Part's Confidential
Information confidential and will disclose it on a need to know basis
only. Each Party will use the other Party's Confidential Information
only in connection with this Agreement and in accordance with
Applicable Law. Neither Part wil use the other Party's Confidential
Information for any other purpose. except upon such terms and
conditions as may be agreed upon between the Parties in writing. If
either Party loses, or makes an unauthorized disclosure of, the other
Part's Confidential Information, it wil notify such other Party
immediately and use reasonable effört to retrieve the information.
19.5 Effective Date of this Section. Notwithstanding any other
provision of this Agreement, the Confidential Information provisions of
this Agreement apply to all information furnished by either Party to the
other in furtherance of the purpose of this Agreement, even iffurnished
before the Effective Date.
19.6 Each Part agrees that the disclosing Party could be
irreparably injured by a breach of the confidentiality obligations of this
Agreement by the receiving Part or its representatives and that the
disclosing Party is entitled to seek equitable relief, including injunctive
relief and specific performance in the event of any breach of the
confidentiality provisions of this Agreement. Such remedies are not
the exclusive remedies for a breach of the confidentiality provisions of
this Agreement, but are in addition to all other remedies available at
law or in equity.
19.7 Nothing herein should be construed as limiting either Party's
rights with respect to its own Confidential Information or its obligations
with respect to the other Part's Confidential Information under Section
222 of the Act.
20. Waiver. Except as otherwise provided herein, neither
Part's failure to enforce any right or remedy available to it under this
Agreement wil be construed as a waiver of such right or a waiver of
any other provision hereunder.
21. Regulatory Approval. Each Part reserves its rights with
respect to whether this Agreement is subject to Sections 251 and 252
of the Act. In the event the FCC, a state commission or any other
governmental authority or agency rejects or modifies any material
provision in this Agreement, either Party may immediately upon written
notice to the other Part terminate this Agreement. If a Party 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
Page6of11
other Part of the existence of such lawful, binding order so that the
other Part may seek an injunction or other relief from such order. In
addition, the filing Party agrees to reasonably cooperate to amend and
make modifications to the Agreement to allow the filing of the
Agreement or the specific part of the Agreement affected by the order
to the extent reasonably necessary.
22. Notices. Any notices required by or concerning this
Agreement wil be in writing and wil be suffciently given if delivered
personally, delivered by prepaid overnight express service, sent by
facsimile with electronic confirmation, or sent by certified mail, retum
receipt requested, or by email where specified in this Agreement to
Owest and CLEC at the addresses shown on the cover sheet of this
Agreement.
23. Force Majeure. Neither Party shall be liable for any delay
or failure in performance of any part of this Agreement from any cause
beyond its control and without its fault or negligence including, without
limitation, acts of nature, acts of civil or miltary authority, government
regulations, embargoes, epidemics, terrorist acts, riots, insurrections,
fires, explosions, earthquakes, nuclear accidents, floods, work
stoppages, power blackouts, volcanic action, other major
environmental disturbances, or unusually severe weather conditions
(collectively, a Force Majeure Event). Inabilty to secure products orservices of other Persons or transportation facilities or acts or
omissions of transporttion carriers shall be considered Force Majeure
Events to the extent any delay or failure in performance caused by
these circumstances is beyond the Party's control and without that
Party's fault or negligence. The Part affected by a Force Majeure
Event shall give prompt notice to the other Party, shall be excused
from ,performance of its obligations hereunder on a day to day basis to
the extent those obligations are prevented by the Force Majeure
Event, and shall use reasonable effort to remove or mitigate the
Force. Majeure Event. In the event of a labor dispute or strike the
Parties agree to provide Service to each other at a level equivalent to
the level they provide themselves.
24. 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 Parties wil attempt in good faith to resolve through
negotiation any dispute, claim or controversy arising out of, or relating
to, this Agreement. Either Party may give written notice to the other
Part of any dispute not resolved in the normal course of business.
Each Party wil 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, toresolve the dispute. The Parties intend
that these negotiations be conducted by non-lawyer, business
representatives, and the locations, format, frequency, duration, and
conclusions of these discussions wil be at. the discretion of the
representatives. By mutual agreement, the representatives may use
other procedures to assist in these negotiations. The discussions and
correspondence among the representatives for the purposes of these
negotiations wil be treated as Confidential Information developed for
purposes of settement, and wil be exempt from discovery and
production, and are not admissible in any subsequent proceedings
without the concurrence of both Parties.
25.2 If the designated representatives have not reached a
resolution of the dispute within fifteen (15) Days after the written notice
(or such longer period as agreed to in writing by the Parties), then
either Part may commence a civil action. Any action will be brought in
the United States District Court for the District of Colorado if it has
subject matter jurisdiction over the action, and shall otherwise be
brought in the Denver District Court for the State of Colorado. The
Parties agree that such court have personal jurisdiction over them.
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25.3 Waiver of Jury Trial and Class Action. Each Part, to the
extent permitted by law, knowingly, voluntarily, and intentionally waives
its right to a trial by jury and any right to pursue any claim or action
arising out of or relating to this Agreement on a class or consolidated
basis or in a representative capacity.
25.4 No cause of action regardless of the form of action, arising
out of, or relating to this Agreement, may be brought by either Party
more than two (2) years after the cause of action arises.
26. Headings. The headings used in this Agreement are for
convenience only and do not in any way limit or otherwise affect the
meaning of any terms of this Agreement.
27. Authorization. Each Part represents and warrants 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 person signing this Agreement has been duly authorized
to execute this Agreement on that Party's behalf;
C. the execution hereof is not in conflict with law, the terms of
any charter, bylaw, artcles of association, or any agreement to
which such Party is bound or affected; and
D. each Part may act in reliance upon any instruction,
instrument, or signature reasonably believed by it to be authorized
and genuine.
28. Third Party Beneficiaries. The terms, representations.
warranties and agreements of the Partes set forth in this Agreement
are not intended for, nôrwil they be for the benefi of or enforceable
by, any third party (including, without limitation, Customets 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 liability arising from its operations for which
that Party 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 Section, to the extent its affliated Party
fails to meet such obligations.
29.1 Workers' Compensation with statutory limits as required in
the state of operation and Employers' Liabilty insurance with limits of
not less than $100,000 each accident.
29.2 Commercial General Liabilty insurance covering claims for
bodily injury, death, personal injury or propert damage, including
coverage for independent contractor's protection (required if any work
wil be subcontracted), products and/or completed operations and
contractual liabilty with respect to the liabilty assumed by each Party
hereunder. The limits of insurance shall not be less than $1,000,000
each occurrence and $2,000,000 general aggregate limit.
29.3 "All Risk" 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
certficate(s) of insurance evidencing coverage, and thereafter shall
provide such certificate(s) upon request. Such certificates shall:
Page 7 of 11
A. name the other Party as an additional insured under
commercial general liabilty coverage;
B. provide thirt (30) Days prior written notice of cancellation of,
material change or exclusions in the policy(s) to which
certificate(s) relate;
C. indicate that coverage is primary and not excess of, or
contributory with, any other valid and collectible insurance
purchased by such Part; and
D. acknowledge severabilty of interest/cross liabilty coverage.
30. Communications Assistance Law Enforcement Act of
1994. Each Party represents and warrants that any equipment,
facilties or Services provided to the other Party under this Agreement
comply with the CALEA. Each Party wil indemnify and hold the other
Part harmless from any and all penalties imposed upon the other
Party for such noncompliance and will at the non-compliant Party's
sole cost and expense, modify or replace any equipment, facilitíes or
Services provided to the other Party under this Agreement to ensure
that such equipment, facilties and Services fully comply with CALEA.
31. Entire Agreement. This Agreement (including all
Attachments, Rate Sheets, and other documents referred to herein)
constitutes the full and entire understanding and agreement between
the Parties with regard to the subjects of this Agreement and
supersedes any prior understandings, agreements, or representations
by or between the Parties, written or oral, including but not limited to,
any term sheet or memorandum of understanding entered into by the
Parties, to the extent they relate in any way to the subjects of this
. Agreement. Notwthstanding the foregoing, certain elements used in
combination with the Service provided under this Agreement are
provided by Qwest to CLEC under the terms and conditons of ICAs
and/or SGATs, where CLEC has opted into an SGAT as its
Interconnection Agreement ("ICA"), and nothing contained herein is
intended by the Parties to amend, alter, or otherwise modify those
terms and conditions.
32. Proof of Authorization.
32.1 Each Part shall be responsible for obtaining and
maintaining Proof of Authorization (POA), as required. by applicable
federal and state law, as amended from time to time.
32.2 Each Party will make POAs available to the other Part upon
request. In the event of an allegation of an unauthorized change or
unauthorized service in accordance with all Applicable Laws and rules,
the Part charged with the alleged infraction shall be responsible for
resolving such claim, and it shall indemnify and hold harmless the
other Party for any losses, damages, penaltíes, or other claims in
connection with the alleged unauthorized change or service.
33.General Terms.
33.1 Qwest wil provide general repair and maintenance services
on its facilties, including those facilities supporting Services purchased
by CLEe under this Agreement, at a level that is consistent with other
comparable services provided by Qwest.
33.2 In order to maintain and modernize the network properly,
Qwest may make necessary modifications and changes to its network
on an as needed basis. Such changes may result in minor changes to
transmission parameters. Network maintenance and modernization
activities wil result in transmission parameters that are within
transmission limits of the Service ordered by CLEC. Qwest will provide
advance notice of changes that affect network Interoperabiliy pursuant
to applicable FCC rules.
33.3 Network Security.
A. Protection of Service and Propert. Each Part wil exercise
the same degree of care to prevent harm or damage to the other
Party and any third parties, its employees, agents or End User
Customers, or their property as it employs to protect its own
personnel, End User Customers and property, etc., but inno case
less than a commercially reasonable degree of care.
B. Each Party is responsible to provide security and privacy of
communications. This entails protecting the confidential nature of
Telecommunications transmissions between End User Customers
during technician work operations and at all times. Specifically,
no employee, agent or representative shall monitor any circuits
except as required to repair or provide Service of any End User
Customer at any time. Nor shall an employee, agent or
representative disclose the nature of overheard conversations, or
who participated in such communications or even that such
communication has taken place. Violation of such security may
entail state and federal criminal penalties, as well as civil
penalties. CLEC is responsible for covering its employees on
such security requirements and penalties.
C. The Parties' networks are part of the national security
network, and as such, are protected by federal law. Deliberate
sabotage or disablement of any portion of the underlying
equipment used to provide the network is a violation of federal
statutes with severe penalties, especially in times of national
emergency or state of war. The Parties are responsible for
covering their employees on such security requirements andpenalties. .
D. Qwest shall not be liable for any losses, damages or other
claims, including, but not limited to, uncollectible or un bilable
revenues, resulting from accidental, erroneous, malicious,
fraudulent or otherwise unauthorized use of Services or facilties
('Unauthorized Use"), whether or not such Unauthorized Use
could have been reasonably prevented by Qwest, except to the
extent Qwest has been notified in advance by CLEC of the
existence of such Unauthorized Use, and fails to take
commercially reasonable steps to assist in stopping or preventing
such activity.
33.4. Construction. Qwest will provide necessary construction
only to the extent required by Applicable Law.
33.5. Individual Case Basis Requests. CLEC may request
additional Services not specified in this Agreement and Qwest wil
consider such requests on an Individual Case Basis ("ICB").
33.6.Responsibilty For Environmental Contamination.
A. Neither Part shall be liable to the other for any costs
whatsoever resulting from the presence or release of any
Environmental Hazard that either Part did not introduce to the
affected work location. Both Parties shall defend and hold
harmless the other, its offcers, directors and employees from and
against any losses, damages, claims, demands, suits, liabilties,
fines, penalties and expenses (including reasonable attomeys'
fees) that arise out of or result from:
1. any Environmental Hazard that the Indemnifying Party,
its contractors or agents introduce to the work locations; or
2. the presence or release of any Environmental Hazard
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for which the Indemnifying Part is responsible under
Applicable Law.
B. In the event any suspect materials within Qwest-owned,
operated or leased facilities are identified to CLEC by Qwest to be
asbestos containing, CLEC will ensure that to the extent any
activities which it undertakes in the facilty disturb such suspect
materials, such CLEC a'Civities will be in accordance with
applicable local, state and federal environmental and health and
safety statutes and regulations. Except for abatement activities
undertaken by CLEC or equipment placement activities that result
in the generation of asbestos-containing material, CLEC does not
have any responsibilty for managing, nor is it the owner of, nor
does it have any liabilty for, or in connection with, any asbestos-
containing materiaL. Qwest agrees to immediately notify CLEC if
Qwest undertkes any asbestos control or asbestos abatement
activities that potentially could affect CLEC personnel, equipment
or operations, including, but not limited to, contamination of
equipment.
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QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
A IT ACHMENT 1- DEFINITIONS
"Act" means the Communications Act of 1934 (47 U.S.C. 151 et. seq.), as
amended.
"Advanced Intelligent Network" or "AIN" is a Telecommunications network
architecture in which call processing, call routing and network 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 caller's telephone number, the
address/location of the telephone and supplementary emergency services
information for Enhanced 911 (E911).
"Applicable Law" means all laws, statutes, common law including, but not
limited to, the Act, the regulations, rules, and final orders of the FCC, a
state regulatory authority, and any final orders and decisions of a court of
competent jurisdiction reviewing the regulations, rules, or orders of the
FCC or a state regulatory authority.
"Bill Date" means the date on which a Billing period ends, as identified on
the bilL.
"Billng" involves the provision of appropriate usage data by one
Telecommunications Carrier to another to facilitate Customer Biling with
attendant acknowledgments and status report. It also involves the-
exchange of information between Telecommunications Carriers to process
claims and adjustments.
"Carrier" or "Common Carrier" See Telecommunications Carrier.
"Central Offce" means a building or a space within a building where
transmission facilities or circuits are connected or switched.
"Commercial Mobile Radio Service" or "CMRS" is defined in 47 U.S.C.
Section 332 and FCC rules and orders interpreting that statute.
"Communications Assistance for Law Enforcement Act" or "CALEA" refers
to the duties and obligations of Carriers under Section 229 of the Act.
"Confidential Information" means any information that is not generally
available to the public, whether of a technical, business, or other nature
and that: (a) the receiving Party knows or has reason to know is
confidential, proprietary, or trade secret information of the disclosing Part;
and/or (b) is of such a nature that the receiving Party should reasonably
understand that the disclosing Party desires to protect such information
against unrestricted disclosure. Confidential Information wil not include
information that is in the public domain through no breach of this
Agreement by the receiving Part or is already known or is independently
developed by the receiving Part.
"Customer" means the Person purchasing a Telecommunications Service
or an information service or both from a Carrier.
"Day" means calendar days unless otherwise specified.
"Demarcation Point' is defined as the point at which the LEC ceases to
own or control Customer Premises wiring including without limitation inside
wiring.
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Qwest QLSpTM MSA - (v3-20-08)
"Directory Assistance Database" contains only those published and non-
listed telephone number listings obtained by Qwest from its own End User
Customers and other Telecommunications Carriers.
"Directory Assistance Service" includes, but is not limited to, making
available to callers, upon request, information contained in the Directory
Assistance Database. Directory Assistance Service includes, where
available, the option to complete the call at the caller's direction.
"Due Date" means the specific date on which the requested Service is to
be available to the CLEC or to CLEC's End User Customer, as applicable.
"End User Customer" means a third party retail Customer that subscribes
to a Telecommunications Service provided by either of the Parties or by
another Carrier or by two (2) or more Carriers.
"Environmental Hazard" means any substance the presence, use,
transport, abandonment or disposal of which (i) requires investigation,
remediation, compensation, fine or penalty under any Applicable Law
(including, without limitation, the Comprehensive Environmental Response
Compensation and Liabilty Act, Superfund Amendment and
Reauthorization Act, Resource Conservation Recovery Act, the
Occupational Safety and Health Act and provisions with similar 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" jneans a Carrier that provides InterLATA
or IntraLATA Toll services.
"Line Information Database" or "L1DB" stores various telephone line
numbers and Special Biling Number (SBN) data used by operator services
systems to process and bil Altemately Billed Services (ABS) calls. The
operator services system accesses L1DB data to provide originating line
(callng number), Billng number and terminating line (called number)
information. L1DB is used for calling card validation, fraud prevention,
Billng or service restrictions and the sub-account information to be
included on the call's Billng record. Telcordia's GR-446-CORE defines the
interface between the administration system and L1DB including specific
message formats (Telcordia's TR-NWP-000029, Section 10).
"Line Side" refers to End Offce Switch 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 Service or Exchange Access. 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 service should be
included in the definition of such term.
"Loop" or "Unbundled Loop" is defined as a transmission facilty between a
distribution frame (or its equivalent) in a Qwest Central Offce and the Loop
Demarcation Point at an End User Customer's Premises
"Local Service Request" or "LSR" means the industry standard forms and
supporting documentation used for ordering local services.
"Miscellaneous Charges" mean charges that Qwest may assess in addition
to recurring and nonrecurring rates set forth in the Rate Sheet, for activities
CLEC requests Qwest to perform, activities CLEC authorizes, or charges
Page 10 of 11
QWEST LOCAL SERVICES PLATFORM™ AGREEMENT
ATTACHMENT 1- DEFINITIONS
that are a result of CLEC's actions, such as cancellation charges,
additional labor and maintenance. Miscellaneous Charges are not already
included in Qwests recurring or nonrecurring rates. Miscellaneous
Charges shall be contained in or referenced in the Rate Sheet.
"Network Element" is a facility or equipment used in the provision of
Telecommunications Service or an information service or both. It also
includes features, functions, and capabilties that are provided by means of
such facility or equipment, including subscriber numbers, databases,
signaling systems, and information suffcient for Biling and collection orused in the transmission, routing, or other provision of a
Telecommunications Service or an information service or both, as is more
fully described in the Agreement.
"Operational Support Systems" or "OSS" mean pre-ordenng, Provisioning,
maintenance, repair and billng systems.
"Order Form" means service order request forms issued by Qwest, as
amended from time to time.
"Person" is a general term meaning an individual or association,
corporation, firm, joint-stock company, organization, partnership, trust or
any other form or kind of entity.
"Port" means a line or trunk connection point, including a line card and
associated peripheral equipment, on a Central Offce Switch but does not
include Switch features. The Port serves as the hardware termination for
line or Trunk Side facilties connected to the Central Offce Switch. Each
Line Side Port is typically asso'ciated with one or more telephone numbers
that serve as the Customer's network address.
"Premises" refers to Qwests Central Offces and Serving Wire Centers; all
buildings or similar structures owned, leased, or otherwise controlled by
Qwest that house its network facilities; all structures that house Qwest
facilties on public nghts-of-way, including but not limited to vaults
containing Loop concentrators or similar structures; and all land owned,
leased, or otherwise controlled by Qwest that is adjacent to these Central
Offices, Wire Centers, buildings and structures.
"Proof of Authorization" or "POA" shall consist of verification of the End
User Customer's selection and authonzation adequate to document the
End User Customer's selection of its local service provider and may take
the form of a third part verification format.
"Provisioning" involves the exchange of information between
Telecommunications Carriers where one executes a request for a set of
products and services from the other with attendant acknowledgments and
status reports.
"Public Switched Network" includes all Switches and transmission facilites,
whether by wire or radio, provided by any Common Carrier including LECs,
¡XCs and CMRS providers that use the North American Numbering Plan in
connection with the provision of switched services.
"Serving Wire Center" denotes the Wire Center from which dial tone for
local exchange service would normally be provided to a particular
Customer Premises.
"Shared Transport" is defined as . local interoffce transmission facilties
shared by more than one Carrier, including Qwest, between End Offce
Switches, between End Ofce Switches and Tandem Switches (local and
Access Tandem Switches), and between Tandem Switches within the
Local Callng Area, as described more fully in the Agreement.
"Switch" means a switching device employed by a Carrier within the Public
Switched Network. Switch includes but is not limited to End Offce
Switches, Tandem Switches, Access Tandem Switches, Remote Switching
08-13-08/rsd/1 D/Amencan Fiber Systems/CDS-080813-0001
Qwest QLSpTM MSA - (v3-20-08)
Modules, and Packet Switches. Switches may be employed as a
combination of End OffcelTandem Switches.
"Switched Access Traffc," as specifically defined in Qwests interstate
Switched Access Tariffs, is traffc that originates at one of the Part's End
User Customers and terminates at an IXC Point of Presence, or originates
at an IXC Point of Presence and terminates at one of the Part's End User
Customers, whether or not the traffc transits the other Party's network.
"Tarifl' as used throughout this Agreement refers to Qwest interstate
Tariff and state Tariffs, price lists, and price schedules.
"Telecommunications Carrier" means any provider of Telecommunications
Services, except that such term does not include aggregators of
Telecommunications Services (as defined in Section 226 of the Act). A
Telecommunications Carner shall be treated as a Common Carrier under
the Act only to the extent that it is engaged in providing
Telecommunications Services, except that the FCC shall determine
whether the provision of fixed and mobile satellte service shall be treated
as common carriage.
"Telecommunications Services" means the offering of telecommunications
for a fee directly to the public, or to such classes of. users as to be
effectively available directly to the public, regardless of the facilties used.
"Telephone Exchange Service" means a Service within a telephone
exchange, or within a connected system of telephone exchanges within the
same exchange area operated to furnish to End User Customers,
intercommunicating Service of the character ordinarily furnished by a single
exchange, and which is covered by the exchange Service charge, or
comparable Service provided through a system of Switches, transmission
equipment or other facilties (or combinations thereof) by which '8
subscrber 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 entiy.
"Wire Center" denotes a building or space within a building that serves as
an aggregation point on a given Carrier's network, where transmission
facilities are connected or switched. Wire Center can also denote a
building where one or more Central Offces, used for the provision of basic
exchange Telecommunications Services and access Services, are located.
Terms not otherwise defined here but defined in the Act and the orders and
the rules implementing the Act or elsewhere in the Agreement, shall have
the meaning defined there. The definition of terms that are included here
and are also defined in the Act, or its implementing orders or rules, are
intended to include the definition as set forth in the Act and the rules
implementing the Act.
Page 11 of 11
QWEST LOCAL SERVICES PLATFORMtI AGREEMENT
ATTACHMENT 2-QLSPtI Service Description
1.0 Qwest will provide Qwest Local Services PlatformtI
("QLSPtI") Services according to the following terms and
conditions. Except as set forth in this Attachment,
capitalized terms have the definitions assigned to them in
the Agreement. CLEC may use QLSP Services to provide
any Telecommunications Services, information services, or
both that CLEC chooses to offer to the extent that such
services are granted herein or not limited.
1.2.2 The following QLSP Service types wil be
combined with 2-wire loops: QLSP Business; QLSP Centrex
(including Centrex 21); Centrex Plus; Centron in Minnesota
Only; QLSP ISDN BRI; QLSP PAL; QLSP PBX Analog non-
DID and 1-Way DID Trunks; and QLSP ResidentiaL.
1.2.3 QLSP PBX Analog 2-Way DID Trunks will be
combined with 4 wire loops.
1.1 General QLSP Service Description.
1.3 Local Switching. The Local Switching Network Element
("Local Switching") is collectively the Line Side and Trunk
Side facilities in the local serving Qwest end offce Switch
which provides the basic switching function, the port, plus
the features, functions, and capabilities of the switch
including all compatible, available, and loaded vertical
features, e.g., anonymous call rejection, that are loaded in
that switch. Vertcal features are softare attributes on end
offce Switches and are listed on the Qwest wholesale
website. Qwest signaling is provided with Local Switching
solely as described in Section 1.4.2 of this Attachment. The
following Local Switching port are available with QLSP
Service: Analog Line Port, Digital Line Port Supporting
Basic Rate Interface-Integrated Services Digital Network
("BRI ISDN"), and Analog Trunk Port.
1.1.1 QLSP Services consist of Local Switching and
Shared Transport in combination. Qwest Adv¡mced
Intelligent Network ("AIN") Services, e.g., remote access
forwarding, and Qwest Voice Messaging Services (''VMS'')
may also be purchased with compatible QLSP Services.
These Network Elements wil be provided in compliance with
all Telcordia and other industry standards and technical and
performance specifications to allow CLEC to combine the
QLSP Services with a compatible voicemail product and
stutter dial tone. Qwest wil provide access to 911
emergency services and directory listings in accordance with
the terms and conditions of CLEC's interconnection
agreements ("I CAs"). As part of the QLSP Service, Qwest
combines the Network Elements that make up QLSP Service
with analog/digital capable Loops, with such Loops
(including services such as line splitting) being provided inaccordance with the rates, terms and conditions of the
CLEC's ICAs. CLEC may also purchase Qwest Commercial
High Speed Internet (HSI) Service (also known as Qwest
Digital Subscriber LinetI (DSL)), under a separate Services
agreement, to be used with compatible QLSP Service.
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 Accounting (AMA Recording); and
blocking options.
1.1.2 QLSP Service is available in six different service
arrangements, each of which is described more fully below:
QLSP Residential; QLSP Business; QLSP Centrex
(including Centrex 21, Centrex Plus, and in Minnesota onlyCentron); QLSP ISDN BRI; QLSP Public Access Lines
("PAL"); QLSP PBX Analog DID and non-DID (one way and
two way) trunks.
1.3.2 Digital Line Port Supporting BRIISDN. BRI ISDN
is a digital architecture that provides integrated voice and
data capability (2 wire). A BRI ISDN Port is a Digital 2B+D
(2 Bearer Channels for voice or data and 1 Delta Channel forsignaling 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 serving arrangement conforms to
the internationally developed, published, and recognized
standards generated by International Telegraph and
Telephone Union (formerly CCITT).
1.1.3 Nothing in this Agreement precludes Qwest from
withdraWing availability of comparable, functionally
equivalent services from its retail end user customers. In the
event of such withdrawal or discontinuation, Qwest may also
withdraw availability of the equivalent QLSP Service.1.3.3 Analog Trunk Port. DSO analog trunk Port can be
configured as DID, DOD, and two-way.
1.2 Combination of QLSP Service with Loops. Except as
described below, the Loop wil be provided by Qwest under
the applicable ICAs in effect between Qwest and CLECat
the time the order is placed. As part of the QLSP Service,
Qwest wil combine the Local Switching and Shared
Transport Network Elements with the Loop.
1.3.3.1 Analog trunk Port provide a 2-Way
Analog Trunk with DID, E&M Signaling and 2-Wire or
4-Wire connections. This Trunk Side connection
inherently includes hunting within the trunk group.
1.2.1 Pursuant to the order issued by the FCC
pertaining to the availabilty of Unbundled Network Element
("UNE") Loops under Section 251(c)(3) of the "Act' in itsReport and Order:Petition of Qwest Corporation for
Forbearance Pursuant to 47 U.S.C. § 160(c) in the Omaha
Metropolitan Statistical Area, FCC 05-170, WC Docket No.
04-223, (effective September 16, 2005) ("OFO"), Qwest wil
provide to CLEC the Loop element of QLSP Services
purchased in the following nine Omaha Nebraska Wire
Centers under the terms and conditions of this Agreement 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.
1.3.3.2 All trunks are designed as 4-Wire leaving
the Central Offce. For 2-Wire service, the trunks are
converted at the End User Customets location.
1.3.3.3. Two-way analog DID trunks are capable of
initiating out going calls, and may be equipped with
either rotary or touch-tone (DTMF) for this purpose.
When the trunk is equipped with DID call transfer
feature, both the trunk and telephone instruments
must be equipped with DTMF.
1.3.3.4 Two-way analog DID trunks require E&M
signaling. Qwest wil use Type I and II E&M
signaling to provide these trunks to the PBX. Type II
08-13-08/rsd/1 0/ American Fiber Systems/CDS-080813-0001
Attachment 2 - QLSPtI (v5.0 - 2-13-08)
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
E&M signaling from Qwest to the PBX will be
handled as a special assembly request via ICB.
party or other appropriate request).
1.3.4 Usage. Local Switching Usage is biled on a
Minute of Use ("MOU" basis as described within this
Attachment. Rates for "Local Switch Usage" or "Local
Switch MOUs" are provided in the QLSP Rate Sheet.
1.4.7 For CLEC's QLSP End User Customers, Qwest
wil load and update CLEC's QLSP End User Customers'
name information into the L1DB and ICNAM databases from
CLEC's completed service orders. CLEC is responsible for
the accuracy of its End User Customers' information.
1.4 Vertical Features and Ancilary Functions and Services.1.4.8 Qwest will exércise reasonable effort to provide
accurate and complete L1DB and ICNAM information. The
information is provided on an as-is basis with all faults.
Qwest does not warrant or guarantee the correctness or the
completeness of such information; however, Qwest wil
access the same database for CLEC's QLSP End User
Customers as Qwest accesses for its own End User
Customers. Qwest wil not be liable for system outage or
inaccessibilty or for losses arising from the authorized use of
the data by CLEC.
1.4.1 QLSP Service includes nondiscriminatory access to
all vertical features that are loaded in the Local serving
Qwest end offce switch.
1.4.2 Local Switching includes use of Qwests signaling
network (ISUP call set-up) solely for Local Traffc. "Local
Traffc" and "Local Calls" means calls that originate and
terminate within the Local Calling Area as defined in the
Qwest tariff. Qwest will provide service control points in the
same manner, and via the same signaling links, as Qwest
uses such service control points and signaling links to
provide service to its End User Customers served by that
switch. Qwests call related databases include the Line
Information Database (L1DB), Intemetwork Callng Name
Database (ICNAM), 8XX Database for toll free callng,
Advanced Intellgent Network Databases (AIN), and Local
Number Portability Database. CLEC will not have access to
Qwests AIN based services that qualify for proprietary
treatment, except as expressly provided for in this
Agreement. Local Switching does not include use of
Qwests signaling network for Toll Traffc. "Toll Traffc" and
"Toll Calls" means intra local access and transport area
("LATA") or interLATA calls that originate and terminateoutside 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 message charges
(ISDN User Part (ISUP) and Transaction CapabilitiesApplication Part (TCAP)). to the Interexchange Carrier (IXC)
or other wholesale SS7 provider.
1.4.9 Qwest wil not charge CLEC for the storage of.
CLEC's QLSP End User Customers' information in the L1DB
or ICNAM databases.
1.5 Shared Transport and TolL.
1.4.3 ICNAM and L1DB. CLEC wil have non-
discriminatory accss to Qwests L1DB database and ICNAM
database as part of the delivery of QLSP Service.
1.5.1 Shared Transport. The Shared Transport
Network Element ("Shared Transport)' provides the
collective interoffce transmission facilties shared by various
Carriers (including Qwest) between end-office switches and
between end-office switches and local tandem switches
within the Local Calling Area. Shared Transport uses the
existing routing tables resident in Qwest switches to carr
the End User Customer's originating and terminating
local/extended area service ("EAS") interoffce Local traffc
on the Qwest interoffce message trunk network. CLEC
traffc wil 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 network facilties that Qwest uses for its own traffc.
Shared Transport does not include use of tandem switches
or transport between tandem switches and end-offce
switches for Local Calls that originate from end users served
by non-Qwest Telecommunications Carriers ("Carrier(s)"
which 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 (callng number); biling number
and terminating line (called number) information; callng card
validation; fraud prevention; Biling or service restrictions;
sub-account information to be included on the calls Biling
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 wil be delivered to/from the
designated IXCs from the Qwest end-offce switches and
access tandems. Use of access tandem switches are not
included in this Agreement and access tandem charges, if
any, may be billed by Qwest to the IXC(s) under the
applicable access tariff.
1.4.5 The ICNAM database is used with certain end
offce Switch features to provide the calling party's name to
CLEC's End User Customer with the applicable feature
capability. ICNAM database contains current listed name
data by working telephone number served or administered
by Qwest, including listed name data provided by other
Telecommunications Carriers participating in Qwests callng
name delivery service arrangement.
1.5.3 IntraLATA and InterLATA Carrier Designation.
QLSP includes the capabilty for selection of the interLATA
and intraLATA Toll provider(s) on a 2-Primary Interexchange
Carrier (PIC) basis. CLEC wil designate the PIC
assignment(s) on behalf of its End. User Customers for
interLATA and intraLATA Services. All CLEC initiated PIC
changes wil be in accordance with all Applicable Laws, rules
and regulations. Qwest will not be liable for CLEC's
improper PIC change requests.
1.5.4 Qwest IntraLATA Toll Local Primary
Interexchange Carrier (ULPIC") 5123. Qwest does not
authorize CLEC to offer, request, or select Qwest LPIC 5123
service to CLEC's End User Customers for intraLATA toll
service with any QLSP Service in any state. In the event
CLEC assigns the Qwest LPIC 5123 to CLEC's End User
1.4.6 Qwest wil provide the listed name of the callng
party that relates to the calling telephone number (when the
information is actually available in Qwests database and the
delivery is not blocked or otherwise limited by the callng
08-13-08/rsdll D/American Fiber Systems/CDS-080813-000 1
Attachment 2 - QLSPiI (v5.0 - 2-13-08)2
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT2-QLSPiI Service Description
Customers, Owest wil bil CLEC and CLEC wil pay Owest
the rates contained or referenced in the attached Rate
Sheet.
1.5.5 Usage Shared Transport is biled on a MOU basis
as described within this Attachment. Rates for "Shared
Transport Usage" or "Shared Transport MOUs" are provided
in the OLSP Rate Sheet.
1.6 OLSP Service Arrangement Descriptions.
1.6.1 QLSP Business is available to CLEC for CLEC's
business End User Customers and is the combination of an
analog Line Side Port and Shared Transport provided under
this Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's ICAs, except for those
Loops that are otherwise provided for in this Agreement.
1.6.2 QLSP Centrex is available to CLEC for CLEC's
business End User Customers. OLSP Centrex Services
include Centrex 21, Centrex Plus, and in Minnesota,
Centron, and are the combination of an analog Line Side
Port and Shared Transport provided under this Agreement
with an analog - 2 wire voice grade Loop provided in
accordance with CLEC's I CAs, except for those Loops that
are otherwise provided for in this Agreement.
1.6.2.1 CLEC may request a conversion from Centrex
21, Centrex-Plus or Centron service to OLSP Business or
OLSP ResidentiaL. The Conversion NRC(s) provided in
the Rate Sheet wil apply.
1.6.2.2 Owes! wil provide access to Customer
Management System (CMS) with OLSP-Centrex at the
rates set forth in the Rate Sheet.
1.6.3 QLSP ISDN BRI is available to CLEC for CLEC's
End User Customers and is the combination of a Digital Line
Side Port (supporting BRI ISDN), and Shared Transport
provided under this Agreement with a Basic Rate ISDN
capable Loop provided in accordance with CLEC's i CAs ,
except for those Loops that are otherwise provided for in
this 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 this Agreement with an analog - 2 wire voice grade
Loop provided in accordance with CLEC's ICAs, except for
those Loops that are otherwise provided for in this
Agreement.
1.6.5 QLSP PBX is available to CLEC for CLEC's
business End User Customers.
1.6.5.1 PBX analog non-DID trunks are combinations
of an analog Line Side Port and Shared Transport
provided under this Agreement with an analog. 2 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in this Agreement.
1.6.5.2 PBX with analog 1-way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under this Agreement with an Analog - 2 wire
voice grade Loop provided in accordance with CLEC's
I CAs, except for those Loops that are otherwse
08-13-08/rsd/ID/American Fiber Systems/CDS-080813-0001
Attachment 2 - OLSPiI (v5.0 - 2-13-08)
provided for in this Agreement.
1.6.5.3 PBX with analog 2- way DID trunks are
combinations of a DID trunk Port and Shared Transport
provided under this Agreement with an Analog - 4 wire
voice grade Loop provided in accordance with CLEC's
ICAs, except for those Loops that are otherwise
provided for in this 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
this Agreement with an analog - 2 wire voice grade Loop
provided in accordance with CLEC's I CAs, except as
otherwise provided for in this Agreement. OLSP Residential
may be ordered and provisioned only for residential End
User Customer application. The definition of residential
service is the same as in Owests retail tariff as applied to
Owests End User Customers.
1.6.6.1 In order for CLEC to receive OLSP
Residential rates via the monthly Residential End User
Credit provided in the Rate Sheet, CLEC must identify
residential end users by working telephone number
(WTN) utilzing the LSR process as described in the
Owest wholesale website.
2.0 Additional Terms and Conditions and Service Features.
2.1 Owest does not warrant the availability offacilities at any
serving wire center. OLSP Services wil not be available if
facilties are not available. Owest represents and warrants
that it will not otherwise restrict facilties eligible to provide
OLSP Service and that any and all facilities that would
otherwise be available for retail service to a Owest End User
Customer will be considered eligible for use by CLEC for
OLSP Service to serve that same End User Customer.
2.2 Loop Start ("LPS") to Ground Start ("GST") and GST to
LST Changes ("LPS/GSTChange") are available with
OLSP Services. POTS Services, e.g.. a OLSP Centrex 21
line, can functionally and operationally be provisioned as
either LPS or GST. Unless specifically requested otherwise,
Owest provisions POTS Services as LPS. GST is generally
provisioned for Private Branch Exchange ("PBX") type
services. LPS/GST Changes allow the CLEC to request a
facilty served by LPS to be changed to GSTor vice versa,
Additional information and ordering requirements are
detailed on the Owest Wholesale website.
2,3
2.2.1 The Subsequent Order Charge provided in the
OLSP Rate Sheet and the Owest retail Tariff nonrecurring
charge ("NRC") for LPS/GST Changes, less an 18%
wholesale discount, wil be added to service orders
requesting LPS/GST Changes.
Daily Usage Feed (DUF). Owest wil provide to CLEC
certain originating and terminating call records ("usage
information") generated by CLEC's OLSP end user via a
DUF.
2.3.1 Owest wil provide to CLEC Local Call usage
information within Owests control with respect to calls
originated by or terminated to CLEC OLSP End User
Customers in the form of the actual information that is
comparable to the information Owest uses to bill its own End
User Customers.
3
2.9
3.0
3.1
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
2.3.2 Qwest wil provide to CLEC usage information
necessary for CLEC to bil for interLATA and intraLATA
exchange access to the IXC (excluding Qwest where it is the
intraLATA Toll provider) in the form of either the actual
usage or a negotiated or approved surrogate for this
information, as such billng is described and allowed under
section 3.7 of this Attachment. These exchange access
records wil be provided as Category 11 EMI records via the
DUF.
other charges for elements and services) are applicable and
are provided under a separate Agreement or Tariff.
3.2 QLSP rates Effective Date through Term. Starting on the
Effective Date of the Agreement, rates for the Service wil be
those provided or referenced in the attched Rate Sheet.
The MRCs for the switch port wil be adjusted annually,
effective January 1 of each year through the term of the
Agreement. CLEC is eligible for and wil receive discounts
on the Basic Plan switch port MRCs if it meets the volume
plans described below. Discounts are not cumulative and
Qwest wil apply the highest discount rate to Which CLEC is
entitled. Basic Plan MRCs wil apply if CLEC does not
qualify for any discount.
2.3.3 Qwest will provide DUF records for the following:
all usage occurrences bilable to CLEC's QLSP lines,
including Busy Line Verify (BLV), Busy Line Interrupt (BLI);
originating local usage; usage sensitive CLASS features;
and Qwest-provided intraLÁTA tolL.3.2.1 80% Year Over Year ("YOY") Volume
Retention Plan: If the number of CLEC's QLSP total
lines (Working Telephone Numbers twNsD as of
October 31 of each year equals or exceeds 80% of the
sum of CLEC's QLSP total lines as of October 31 of the
preceding year, CLEC will be entitled to a 5% discount
off of the Business Port and a 1 % discount off of the
Residential Port MRCs applicable during the next
calendar year.
2.3.4 Local Call usage records wil be provided as
Category 01 or Category 10 EMI records via the DUF.
Terminating Local Call usage records are not collected or
available and wil not be provided.
2.4 Feature and interLATA or intraLATA PIC changes or
additions for QLSP, wil be processed concurrently with the
QLSP order as specified by CLEC.
2.5 Access to 911/E911 emergency Services for CLEC's End
User Customers wil be available in accordance with CLEC's
ICAs. If Qwest is no longer obligated to provide access to
911/E911 emergency services in accordance with 47 U.S.C.
§251 , Qwest will then provide such services under this
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.
3.2.2 90% YOY Volume Retention Plan: If the
number of CLEC's QLSP total lines as of October 31 of
each year equals or exceeds 90% of the sum of
CLEC's QLSP total lines as of October 31 of the
preceding year, CLEC win be entitled to a 10% discount
off of the Business Port and a 2% discount off of the
Residential Port MRCs applicable during the next
calendar year.
2.6 Qwest AIN and VMS are offered on a commercial basis and
may be purchased with QLSPat the rates set forth in the
attached Rate Sheet. Retail promotions may not be
combined with QLSP.
3.2.3 110% YOY Volume Growth Plan: If the
number of CLEC's QLSP total lines as of October 31 of
each year equals or exceeds 110% 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 two thousand (2000) QLSP lines, CLEC
wil be entitled to a 20% discount off of the Business
Port and a 4% discount off of the Residential Port
MRCs applicable during the next calendar year.
2.7 If Qwest develops and deploys new local switch features for
its End User Customers, those switch features wil be
available in the same areas and subject to the same
limitations with QLSP Service. The rates that Qwest
charges for such new local switch features wil not in any
case be higher than the retail rate Qwestcharges.
3.2.4 120% YOY Volume Growth Plan: If the
number of CLEC's total QLSP lines as of October 31 of
each year equals or exceeds 120% 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 two thousand (2000) QLSP lines, CLEC
will be entitled to a 30% discount off of the Business
Port and a 6% discount off of the Residential Port
MRCs applicable during the next calendar year.
2.8 Nothing in this Agreement alters or affects CLEC's right to
receive any applicable universal service subsidy or other
similar payments.
3.2.5 135% YOY Volume Growth Plan: If the
number of CLEC's total QLSP lines as of October 31 of
each year equals or exceeds 135% of the sum of
CLEC's QLSP total lines as of October 31 of the
preceding year and the YOY line increase is equal to or
greater than two thousand (2000) QLSP lines, CLEC
will be entitled to a 35% discount off of the Business
Port and a 8% discount off of the Residential Port
MRCs applicable during the next calendar year.
Qwest Operator Services and Directory Assistance Services
are provided under the terms and conditions of CLEC's
ICAs.
Rates and Charges.
The recurring ("MRC") and NRC rates for QLSP Services
and all associated QLSP applicable usage-based rates and
miscellaneous charges are set forth or incorporated by
reference into the attached QLSP Rate Sheets. Rates for
QLSP Services are in addition to the applicable rates for
elements and Services provided under CLEC's ICAs.
Applicable intercarrier compensation rates and charges
(such as access charges, reciprocal compensation, and
3.3 For purposes of counting CLEC's total QLSP lines in section
3.2 as of October 31 of each year, Qwest wil include all
QLSP lines and all Qwest Platform Plus™ ("QPPTM") lines, if
any, from the previous year. For example, to determine
2008 QLSP rates, Qwest wil use the total number of CLEC's
QLSP lines as of October 31, 2007 compared to CLEC's
08-13-08/rsd/ID/American Fiber Systems/CDS-080813~0001
Attachment 2 - QLSPiI (v5.0 - 2-13-08)4
3.8
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
total number of OLSP lines as of October 31, 2006 in order
to calculate CLEC's discount eligibility on January 1, 2008.
3.8.1 Originating IntraOffce Local Calls - This
originating Local Call requires switching by the local serving
Owest end offce Switch only. When this call type is
originated by a OLSP End User, Local Switch Usage
charges provided in the OLSP Rate Sheet wil apply. For
these call types that also terminate to an end user served by
a Carrier, Owest may pay that Carrier certain terminating
compensation charges under terms and conditions of a
separate ICA.
3.4 Except as otherwise provided here within, the Loop element
combined with a OLSP Service wil be provided in
accordance with CLEC's ICAs with Owest at the rates set
forth in those ICAs.
3.4.1 Loops provided under this Agreement. Upon
thirt (30) Days notice via the standard commercial
notification process, Owest may change monthly recurring
charges for the Omaha, Nebraska Loop elements pròvided
under this Agreement.
3.8.2 Originating InterOffce Local Calls. This
originating Local Call requires switching by the local serving
Owest end offce and other interoffce switching for Local
traffc. When this call type is originated by a OLSP end user,
Local Switch Usage per MOU and Shared Transport per
MOU charges provided in the. Rate Sheet wil apply. For
these call types that also terminate to an end user served by
a non-Owest Carrier, Owest may pay that Carrier certain
terminating compensation charges under terms and
conditions of a separate ICA
3.5 CLEC wil be responsible for billing its OLSP End User
Customers for all Miscellaneous Charges and surcharges
required of CLEC by statute, regulation or otherwise
required.
3.6 CLEC wil pay Owest the PiC change charge associated with
CLEC End User Customer changes of interLATA or
intraLATA Carriers. Any change in CLEC's End User
Customers' interLATA or intraLATA Carrier must be
requested by CLEC on behalf of its End User Customer.
3.8.3 Originating IXC Toll Calls. This originating Toll
Call requires switching by the local serving Owest end office.
If the OLSP End Usets selected IXC does not have direct
trunking to the local serving Owest end offce, Shared
Transport is required to deliver that call to the Access
Tandem for delivery to the IXC. When this call type is
originated by a OLSP end user, Local Switch Usage
provided in the OLSP Rate Sheet applies. Additionally if,
Shared Transport is necessary to deliver the call to the
Access Tandem, Shared Transport Usage charges provided
in the OLSP Rate Sheet wil apply. For these call types that
require Shared Transport, Owest retains its rights to bil the
IXC for Tandem elements under the Tariff.
3.7 Intercarrier Compensation. Except as specifically
described in this Section, this Agreement does not change or
amend applicable intercarrier compensation arrangements
(including but not limited to Switched Access, Signaling, orTransit charges) between any parties, including between
Owest and Carriers or IXCs.
3.7.1 Switched Access. For OLSP End User
Customer(s), Owest wil not charge to or collect from the IXC
usage based end office and loop Switched Access charges
(such as Switched Access Local Switching, End Offce
Shared Port, Tandem Transmission and Carrier Common
Line) for InterLATA or IntraLATA Toll Calls originating or
terminating from that OLSP End User Customets line to an
IXC.
3.8.4 Terminating IntraOffce and InterOffice Local
Calls. This terminating Local Call requires switching by the
local serving Owest end offce and in certin instances other
interoffice switching within the Local Callng area. When a
call is terminated to a OLSP end user, no charges wil apply
under OLSP. For these cali types that originate from an end
user served by a Carrier, Owest retains its rights to bill that
Carrier certin Transit charges as described in Section 3.7
above.
3.7.2 Signaling. Owest retains its rights to charge IXCs
for signaling usage (ISUP Signal Formulation, ISUP Signal
Transport, and IS UP Signal Switching, as well as LIDS,
ICNAM and 8XX) associated with interLATA and intraLATA
Toll Calls originated by or terminated to a OLSP End User
under the applicable Tariff.
3.8.5 Terminating IXC Toll Calls. This terminating Toll
Call always requires switching by the local serving Owest
end office. If the originating caller's IXC does not have direct
trunking to the OLSP end user's local serving Owest end
offce switch, Shared Transport is required to terminate the
call to the receiving OLSP end user. When this call type is
terminated to a OLSP end user, Local Switch Usage
charges provided in the Rate Sheet wil apply. Additionally
if, Shared Transport is necessary to deliver the call to the
OLSP end user from the access tandem, Shared Transport
Usage charges provided in the Rate Sheet will apply. For
these call types that require Shared Transport, Owest 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 Owests network and
which terminates to a OLSP End User, Owest retains its
rights to bil the originating Carrier Transit charges for that
call under the originating Carriets Agreement.
3.7.4 Other. Owest retains its rights to bil IXCs or other
Carriers, as applicable, any and all other access charges
and assessments not expressly addressed in this section,
including but not limited to flat rated transport charges, in
accordance with the applicable Tariff
Local Switching Usage and Shared Transport Minute of
Use (MOU) This section describes the use of the Owest
network for different call types originated by or terminated to
OLSP End Users. This section does not effect Qwests
rights to charge IXCs for signaling as described in Section
1.4.2 of this Attachment.
3.8.6 Originating Toll Calls when QC is the
IntraLATA Toll provider. See Section 1.5.4 above.
3.9 Owest wil have a reasonable amount of time to implement
system or other changes necessary to bill CLEC for rates or
charges associated with OLSP Services
08-13-08/rsd/lD/American Fiber Systems/CDS-080813-0001
Attchment 2 - OLSPiI (v5.0 - 2-13-08)5
4.2
4.3
4.4
4.5
5.0
6.0
6.1
QWEST LOCAL SERVICES PLATFORMiI AGREEMENT
ATTACHMENT 2-QLSPiI Service Description
-3.10 QLSP Services have a one-month minimum service period
requirement for each CLEC End User Customer. The one-
month minimum service period is the period of time that
CLEC is required to pay 100% of the MRC for the Service
even if CLEC does not retain Service for the entire month.
QLSP Services are biled month to month and wil after the
one month minimum service period is satisfied be pro-rated
for partial months based on the number of days Service was
provided.
3.11 The Subsequent Order Charge is applicable on a per order
basis when changes are requested to existing service,
including changing a telephone number, initiating or
removing suspension or Service, denying or restoring
service, adding, removing or changing features, and other
similar requests.
4.0 Systems and Intenaces.
4.1 Qwest and CLEC will support use of current ass interfaces
and ass business rules for QLSP, including electronic
ordering and flow, as the same may evolve over time.
QLSP Services are ordered utilizing the LSR process as
described in the Qwest wholesale website.
Prior to placing an order on behalf of each End User
Customer, CLEC will be responsible for obtaining and have
in its possession a Proof of Authorization as set forth in this
Agreement.
When Qwest or another provider of choice, at the End User
Customer's request, orders the discontinuance of the End
User Customer's existing service with CLEC, Qwest willrender its closing bill to CLEC effective with the
disconnection. Qwest will notify CLEC by FAX, ass
interface, or other agreed upon processes when an End
User Customer moves to Qwest or another service provider.
Qwest wil not provide CLEC or Qwest retail personnel with
the name of the other service provider selected by the End
User Customer.
The Parties wil provide each other with points of contact for
order entry, problem resolution, repair, and in the event
special attention is required on service request.
Qwest will bil CLEC, on a monthly basis, within seven to ten
Days of the last day of the most recent Biling period, in an
agreed upon standard electronic format. Biling information
wil include a summary bil, and individual End User
Customer sub-account information. If CLEC needs
additional or different billng information in order to properly
bil its End Users or other Carriers (including Qwest), Qwest
wil work with CLEC in good faith to deliver such information.
Maintenance and Repair.
Qwest will maintain facilities and equipment that comprise
the QLSP Service provided to CLEC. CLEC or its End User
Customers may not rearrange, move, disconnect or attempt
to repair Qwest facilities or equipment, other than by
connection or disconnection to any interface between Qwest
and the End User Customer, without the written consent of
Qwest.
6.2 Qwest wil provide general repair and maintenance Services
on its faciliies, including those facilties supporting QLSP
Services purchased by CLEC. Qwest wil repair and restore
08-13-08lrsd/1 D/American Fiber Systems/CDS-080813-0001
Attachment 2 - QLSPiI (v5.0 - 2-13-08)
any equipment or any other maIntainable component that
adversely impacts CLEC's use of QLSP Service. Qwest and
CLEC wil cooperate with each other to implement
procedures and processes for handling service-affecting
events. There will be no charge for the Services provided
under this section except as set forth in the Rate Sheet.
7.0 Commercial Performance Measures and Reporting,
Performance Targets and Service Credits (including in
Washington, if Washington 7.0 is selected by CLEC as
indicated on Signature Page).
7.1 Each Part will provide suitably qualified personnel to
perform its obligations under this Agreement and all QLSP
Services in a timely and effcient manner with dilgence and
care, consistent with the professional standards of practice
in the industry, and in conformance with all Applicable Laws
and regulations. 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 wil be
communicated through the standard account interfaces.
Change requests common to shared systems and procsses
subject to CMP wil continue to be addressed via the CMP
procedures.
7.2 Qwest wil provide commercial performance measurements
and reporting against established performance targets with
QLSP Service. The following performance measurements
will apply to QLSP Residential and QLSP Business: (a) Firm
Order Confirmations (FOCs) On Time; (b) Installation
Commitments Met; (c) Order Installation Interval; (d) Out of
Service Cleared within 24 Hours; (e) Mean Time to Restore;
and (f)Trouble Rate.
7.3
7.4
7.4.1 Installation Commitments Met. For each
installation commitment that Qwest, through its own
fault, fails to meet, Qwest wil provide a service credit
equal to 100% of the nonrecurring charge for that
installation. Qwest wil use the state installation
nonrecurring charge contained in this Agreement for
that order type in calculating the credit. The definition
of a "missed installation commitmenl' and the
associated exclusions are described in Attachment 3.
6
QWEST LOCAL SERVICES PLATFORMiß AGREEMENT
ATTACHMENT 2-QLSPiß Service Description
7.4.2 Out of Service Cleared within 24 Hours. For
each out-of-service condition that Qwest, through its
own fault, fails to resolve within 24 hours, Qwest wil
provide a service credit equal to one day's recurring
charge (monthly recurring charge divided by 30) for
each day out of service beyond the first 24 hours. (For
example, if the out-of-service condition exists for 25 to
47 hours, CLEC will be entitled to a credit equal to the
monthly recurring charge divided by 30. If the out-of-
service condition existed for 48 to 71 hours, the credit
would equal two times the monthly recurring charge
divided by 30).
8.0 Service Performance Measures and Reporting and
Performance Assurance Plan (PID/PAP) (for Washington
only, if Washington 8.0 is selected by CLEC as indicated
on Signature Page).
8.1 If selected by CLEC under the terms and conditions of this
Agreement, Qwest will, in Washington only, provide
performance measurements, reporting, and remedies
compliant with the Washington Performance Indicator
Definitions ("PIDs") and the Qwest Washington Performance
Assurance Plan ("PAP") for the Services, if eligible, provided
under this Agreement. Only in the state of Washington, and
only if expressly selected by CLEC under the terms and
conditions of this Agreement, 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
this Agreement outlined in Section 7.0 of this Agreement.
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 8
and Exhibit K for Washington, respectively. Those PIDs and
that PAP are incorporated by referenced into, and made a
part of, this Agreement. 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 further amendment to this Agreement.
8.3 To select the Service Performance Measures and Reporting
and Performance Assurance Plan (PID/PAP) option, CLEC
must be a certified CLEC under applicable state rules and
have elected the PID and PAP under its Washington
interconnection agreement with Qwest.
8.4 Eligible QLSP Services will be included in the UNE-P PAP
results beginning the first full month following Agreement
execution.
8.5 Notwithstanding the dispute resolution provisions in the
Agreement, the Partes wil resolve any dispute, claim or
controversy arising out of, or relating to, the PID and/or PAP
under the dispute resolution process described in the PAP.
08-13-08/rsdll D/American Fiber Systems/CDS-080813-000 1
Attachment 2 - QLSPiß (v5.0 - 2-13-08)7
ATTACHMENT 3
Performance Targets for Qwest QLSpTM Service
American Fiber Systems/lD
Agreement No. CDS-080813-0001
ATTACHMENT 3
Performance Targets for Qwest 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 (notification date and time).
. "Fully electronic" LSRs are those (1) that are received via IMA-GUI or IMA-EDI, (2) that involve no
manual intervention, and (3) for which FOCs are provided mechanically to the CLEC.
. "Electronic/manual" LSRs are received electronically via IMA-GUI or IMA-EDI and involve manual
processing.
. LSRs will 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 = nCount of LSRs for which the original FOC's "(FOC Notification Date & Time) - (LSR
received date/time (based on scheduled up time))" is within 20 minutes) + (Total Number of
original FOC Notifications transmitted for the service category in the reporting periodH x 100
FOC-1 B = nCount 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
Page 2
Exclusions:.LSRs involving individual case basis (1GB) 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 FOG-1A, which only excludes hours outside the
scheduled system up time.).LSRs with GLEG-requested FOG arrangements different from standard FOG arrangements..Records with invalid product codes.
.Records missing data essential to the calculation of the measurement per the measure definition.
.Duplicate LSR numbers. (Exclusion to be eliminated upon implementation of IMA capability to
disallow duplicate LSR #'s.)
.Invalid start/stop dates/times.
Product Reporting:Penormance Target:
FOG-1A 95% within 20 minutes
QLSP-POTS
FOG-1B 95% within standard FOG
intervals (specified below)
Standard Foe Intervals
Product Group NOTE 1 FOe
Interval
QLSP-POTS (1-39 lines) FOG-1A:20
Minutes
FOG-!B24
. .hrs 24 hrs
Availabilty:
Performance wil be measured
beginning the first full month of
QLSP service (for the following
month's reporting).
Notes:
LSRs with quantities above the highest number specified for each
product type are considered 1GB.
Page 3
ICM.1 . Installation Commitments Met
Purpose:
Evaluates the extent to which Qwest installs services for Customers bv the scheduled due date.
Description:
Measures the percentage of orders for which the scheduled due date is met.
. All inward orders (Change, New, and Transfer order types) assigned a due date by Qwest and
which are completed/closed during the reporting period are measured, subject to exclusions
specified below. Change order types included in this measurement consist of all Corders
representing inward activity (with "I" and "T" action coded line USOCs). Also included are orders with
customer-requested due dates longer than the standard intervaL.
. Completion date on or before the Applicable Due Date recorded by Qwest is counted as a met
due date. The Applicable Due Date is the original due date or, if changed or delayed by the
customer, the most recently revised due date, subject to the following: If Qwest changes a due
date for Qwest reasons, the Applicable Due Date is the customer-initiated due date, if any, that
is (a) subsequent to the original due date and (b) prior to a Qwest-initiated, changed due date, if
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" will 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" will be reported according to installations:
ICM-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
((Total Orders completed in the reporting period on or before the Applicable Due Date) + (Total Orders
Completed in the Reporting Period)) x 100
Exclusions:
. Disconnect, From (another form of disconnect) and Record order types.
. Due dates missed for standard categories of customer and non-Qwest reasons. Standard
categories of customer reasons are: previous service at the location did not have a customer-
requested disconnect order issued, no access to customer premises, and customer hold for
payment. Standard categories of non-Qwest reasons are: Weather, Disaster, and Work Stoppage.
. Records involving official company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
Page 4
Product Reporting Performance Target:
MSA-Tvoe:
QLSP-POTS QLSP-POTS (Dispatch and No Dispatch)195%
Zone-Type:
Availability:Notes:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
Page 5
011.1 . Order Installation Interval
Purpose:
Evaluates the timeliness of Qwests installation of services for CLECs, focusing on the average time to
install service.
Descri ption:
Measures the average interval (in business days) between the application date and the completion
date for service orders accepted and implemented.
. Includes all inward orders (Change, New, and Transfer order types) assigned a due date by
Qwest and which are completed/closed during the reporting period, subject to exclusions specified
below. Change order types for additional lines consist of all C orders representing inward activity.
. Intervals for each measured event are counted in whole days: the application date is day zero (0);
the day following the application date is day one (1).
. The Applicable Due Date is the original due date or, if changed or delayed by the CLEC, the most
recently revised due date, subject to the following: If Qwest changes a due date for Qwest
reasons, the Applicable Due Date is 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 any, 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 product/services listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
01l-1A Dispatches (Includes within MSA and outside MSA); and
011-1 B NO dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" will be reported according to installations:
01l-1C Interval Zone 1 and Interval Zone 2 areas.
Formula:
~((Order Completion Date) - (Order Application Date) - (Time interval between the Original Due Date
and the Applicable Date) - (Time intervals associated with CLEC-initiated due date changes or delays
occurring after the Applicable Due Date)) + Total Number of Orders Completed in the reporting period
Explanation: The average installation interval is derived by dividing the sum of installation intervals for
all orders (in business days) by total number of service orders completed in the reporting period.
Exclusions:
. Orders with CLEC requested due dates greater than the current standard intervaL.
. Disconnect, From (another form of disconnect) and Record order types.
. Records involving official company services.
. Records with invalid due dates or application dates.
. Records with invalid completion dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement per the measure definition.
. Orders involving individual case basis (ICB) handling based on quantities of lines or orders
deemed to be projects.
Page 6
Re orted As:
Avera e business da s
Zone-T e-
Penormance Target:
QLSP-POTS (Dispatched)
QLSP-POTS (No Dispatch)
6 Days
3.5 Days
Availabilty:
Performance will be
measured beginning in the
first full month of QLSP
service (for the following
month's reporting).
Notes:
1. According to this definition, the Applicable Due Date can
change, per successive GLEG-initiated due date changes or
delays, up to the point when a Qwest-initiated due date change
occurs. At that point, the Applicable Due Date becomes fixed
(Le., with no further changes) as the date on which it was set
priQr to the first Qwest-initiated due date change, if any.
Following the first Qwest-initiated due date change, any further
GLEG-initiated due date changes or delays are measured as
time intervals that are subtracted as indicated in the formula.
These delay time intervals are calculated as stated in the
description. (Though infrequent, in cases where multiple
Qwest-initiated due date changes occur, the stated method for
calculating delay intervals is applied to each.pair of Qwest-
. initiated due date change and sùbsequent GLEe-initiated due
date change or delay. The intervals thus calculated from each
pairing of Qwest and GLEG-initiated due dates are summed
and then subtracted as indicated in the formula.) The result of
this approach is that Qwest-initiated impacts on intervals are
counted in the reported interval, and GLEG-initiated impacts on
intervals are not counted in the reported interval.
Page 7
00524.1 . Out of Service Cleared within 24 Hours
Purpose:
Evaluates timeliness of repair for specified services, focusing on trouble reports where the out-of-
service trouble reports were cleared within the standard estimate for specified services (Le., 24 hours
for out-of-service conditions).
Description:
Measures the percentage of out of service trouble reports, involving specified services, that are
cleared within 24 hours of receipt of trouble reports from CLECs or from retail customers.
. Includes all trouble reports, closed during the reporting period, which involve a specified
service that is out-of-service (Le., unable to place or receive calls), subject to exclusions
specified below.
. Time measured is from date and time of receipt of trouble ticket to the date and time trouble is
indicated as cleared.
Reporting Period: One month I Unit of Measure: Percent
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for product/services listed in Product Reporting under "MSA Type
Disaggregation" will be reported according to orders involving:
00S24-1A Dispatches (Includes within MSA and outside MSA); and
00S24-1 B No dispatches.
. Results for products/services listed in Product Reporting under "Zone-type
Disaggregation" wil be reported according to installations:
00S24-1C Interval Zone 1 and Interval Zone 2 areas.Formula: ;
((Number of Out of Service Trouble Reports closed in the reporting period that are cleared 'within 24
hours) 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 reports coded to trouble codes 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 oer the measure definition.
Page 8
Product Reporting:Performance Targets:
MSA-TvDe-.QLSP POTS Dispatch and Non-Dispatch 190%
Zone-TvDe -
Availabilty:Notes:
Performance will
be measured
beginning the first
full month of QLSP
service (for the
following month's
reporting).
Page 9
MTTR-1 - Mean Time to Restore
Purpose:
Evaluates timeliness of repair, focusing how long 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 receipt to date and time trouble is cleared.
Reporting Period: One month I Unit of Measure: Hours and Minutes
Reporting: Disaggregation Reporting: Regional leveL.
Individual CLEC . Results for 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" will be reported according to installations:
MTTR-1 C Interval Zone 1 and Interval Zone 2 areas.
Formula:
I((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 missinq data essential to the calculation of the measurement per the measure definition.
Page 10
Product Reporting:Penormance Target:
MSA-Type-QLSP-POTS (No Dispatch)5 Hours
QLSP-POTS QLSP-POTS (Dispatched)14 Hours
Zone-Tvne.
.
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSP service (for the following
month's reporting).
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
onlv service-affectinQ.Reporting Period: One month Unit of Measure: Percent
Reporting Individual CLEC Disaggregation Reporting: Regional leveL.
Formula:
((Total number of trouble reports closed in the reporting period involving the specified service
grouping)+ (Total number of the specified services that are in service in the reporting period)) x 100
Exclusions:
. Trouble reports coded as follows:
- For products measured from MTAS data (products listed for MSA-type, trouble reports coded
to disposition codes for: Customer Action; Non-Telco Plant; Trouble Beyond the Network
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 (lEe) 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 MT AS data (products listed for MSA-type, trouble reports involving a
"no access" delay.)
. Trouble reports on the day of installation before the installation work is reported by the
technician/installer as complete.
. Records involving official company services.
. Records with invalid trouble receipt dates.
. Records with invalid cleared or closed dates.
. Records with invalid product codes.
. Records missing data essential to the calculation of the measurement perthe measure definition.
Page 12
Product Reporting:Penormance Target:
.
MSAType:.QLSP-POTS Diagnostic
Zone Tvpe:.
Availabilty:Notes:
Performance will be measured beginning in the
first full month of QLSPP service (for the
following month's reporting).
Page 13
Qwest Local Services Platform™ (QLSpTM) Rate Page . Idaho
January 1 2007 throui:h Term*
109.8 Shared TransDor Purchased As Part of QLSP'"
109.8.1 QLSP"" Residential Business and PAL in ID-S (Per MOU $0.0011100
109.8.2 QLSP"" Centrex ISDN BRI PAL in ID-N and PBX Analoo Trunks (Per line/trunk)UGUST ~0.35
109.11 Local Switch Ina Purchased As Part of QLSP"
109.11.1 Ports Basic Plan
109.11..1 Analoa Port $6.21
109.11.1.2 Residential end user credit LAWUR 1~3.07 1
109.11.1.3 Effective QLSP'" Residential Analoa Port $3.14 1
109.11.1.4 Diaital Port (Sunnortinn BRI ISDN ~17.40
109.11.1.5 PBX DID Port $7.30
109.11.2 Ports If 80% YOY Volume Retention Plan Reauirements Are Met
109.11.2.1 Analon Port $5.90
109.11.2.2 Analoa Port Residential end user credit LAWUR ($2.79 1
109.11.2.3 Effective QLSP'" Residential Analoa Port ~3.11 1
109.11.2.4 Di ital Port (Suooortina BRI ISDN $17.40
109.11.2.5 PBX DID Port $7.30
109.11.3 Port If 90% YOY Volume Rètentlon Plan Reaulrements Are Met
109.11.3.1 Analoa Port $5.59
109.11.3.2 Analoa Port Residential end user credit LAWUR ($2.51 1
109.11.3.3 Effective QLSP'" Residential Analon Port $3.08 1
10911.3.4 Di ital Port Suooortino BRI ISDN $17.40
109.11.3.5 PBX DID Port $7.30
109.11.4 Ports If110% YOY Volume Growt Plan Reaulrements Are Met
109.11.41 Analon Port !1.97
109.11.4.2 Analoa Port Residential end user credit LAWUR ($1.95 1
109.11.4.3 Effective QLSP'" Residential Analaa Part $3.01 1
109.11.4.4 Di ital Part SuaDartina BRIISDN)$17.40
109.11.4.5 PBX DID Part $7.30
109.11.5 Port If 120% YOY Volume Grow Plan Renuirements Are Met
109.11.5.1 Analoa Port $4.35
109.11.5.2 Analoa Port Residential end user credit LAWUR 1$1.40 1
109.11.5.3 Effective QLSP'" Residential Analoo Port $2.95 1
109.11.5.4 Diaital Port Suaaortina BRI ISDN)$17.40
109.11.5.5 PBX DID Port $7.30
109.11.6 .Ports If 135% YOY Volume Growth Plan Reauirements Are Met
109.11.6.1 Analoo Port $4.04
109.11.6.2 Analon Port Residential end user credit LAWUR 1$1.5 1
10911.6.3 Effective QLSP'" Residential Analoa Port $2.89 1
109.11.6.4 Diaital Port Sunnortinn BRI ISDN)~17.40
109.11.65 PBX DID Port $7.30
109.11.7 Local Switch Usane
109.11.7.1 QLSP'"Residential. Business, and PAL in ID-S (Per MOU $0.001343
109.11.7.2 QLSP'"Centrex ISDN BRI PAL in ID-N and PBX Anaioo Trunks Per LinelTrunk UGUFM ~1.13
109.11.8 Switch Features 2
109.11.8.1 Account Codes - oer Svstem AZ8PS $77.41
109.11.8.2 Attendant Access Line ner Station Line DZR $1.12
109.11.8.3 Audible Message Waiting MGN,$0.98
MWW
109.11.8.4 Authorization Codes - ner Svstem AFYPS $231.08
109.11.8.5 Automatic Line ETVPB $0.33
109.11.8.6 Automatic Route Selection - Common Eauioment. oer Svstem F5GPG $2015.21
109.11.8.7 caii OraD FlO ONLY $0.23
109.11.8.8 Call Exclusion - Automatic NXB $0.70
ISDN)
109.11.8.9 Call Exciusion - Manual NA-FID $0.46
IDSN)
109.11.8.10 Call Forwrdina Busv Line. Incominn Onlv 69B1X $20.63
109.11.8.11 Call Foiwardina Don1 Answer Incomina Onlv 69A $20.63
109.11.8.12 Call Foiwardinn: Busv Line / Don't Answer Pronrammable Service Establishment SEPFA $11.27
10911.8.13 Call Foiwarding: Don't Answer / cali Foiwarding Busy Customer Programmable. per Line FSW $0.62.
109.11.8.14 Call Waitine Indication,- per Timine State WUT $0.70
109.11.8.15 Centrex Common Equipment HYE, HYS $1,370.25
109.11.8.16 CLASS - Call Trace Per Occurrence NOUSOC $1.43
109.118.17 CLASS. Continuous Redial NSS $1.28
109.11.8.18 CLASS - Last Call Return NSQ $1.29
109.11.8.19 CLASS - Prioritv Callina NSK $1.21
109.11.8.20 CLASS - Selective Call Foiwardina NCE $1.28
109.11.8.21 CLASS - Selective Call Rejection FKQPN,$1.21
NSY
109.11.8.22 Direct Station Selection / Busv Lamo Field. oer Arrnoement BUD $0.24
109.11.8.23 Directed Call Pickua with Bame-in 6MD $13.01
109.11.8.24 Directed Call Pickup without Baroe-in 690 $13.87
109.11.8.25 Distinctive Rina/Dlstinctive Call Waitinn RNN $27.74
109.11.8.26 Expensive Route Wamina Tone oer Svstem AQWPS $49.48
109.11.8.27 Groun Intercom GCN $0.31
109.11.8.28 Hot Line. per Line HLN, HLA $1.05
109.11.8.29 Huntina: Multinosition Hunt Queuine MH5 $29.25
109.11.8.30 Huntino: Multioosition with Announcement in Queue MHW $31.72
109.11.8.31 Huntina: Multinosition with Music in Queue MOHPS $28.04
109.11.8.32 ISDN Short Hunt NHGPG,$1.17
NHGPN
109.11.8.33 Loudsneaker Paoino, per Trunk Group PTQPG $183.60
Qwest Local Services Platform TM Agreement QLSp™ Rate Sheet-V1.2.3 04.11.08
Qwest Local Services Platform™ (QLSpTM) Rate Page -Idaho
Janua 1. 2007 throuçih Term*
109.11.8.34 Make Busy Arrngements, per Group A9AEX,$0.53
P89
109.11.8.35 Make Busv Arrnnements ner Line MB1 $0.53
109.11.8.38 Messaoe Center. oer Main Station Line MFR $0.31
109.11.8.37 Messane Waitinn Visual MV5 $0.31
109.11.8.38 Music On Hold. oer Svstem MHHPS $20.75
109.11.8.39 Privaev Release K7KPK $0.42
109.11.8.40 OuervTime OT1PK $0.31
109.11.8.41 SMDR-P - Archived Data SR7CX $170.75
109.11.8.42 SMDR-P - Service Establishment Charge, Initial Installation SEPSP,$323.33
SEPSR
10911.8.43 Station camo-on Service. oer Main Station CPK $0.31
109.11.8.44 Time of Dav Contral for ARS ner Svstem ATBPS $95.48
109.1.1.8.45 Time of Dav NCOS Uodate A4T $0.41
109.11.8.46 Time of Dav Routinn ner Line ATB $0.46
109.11.8.47 Trunk Verification from Desionated Station BVS $0.35
109.11.8.48 UCD in Hunt Graun ner Line MHM $0.64
109.11.8.49 Premium Port Features- Additional Charoe -T2.08
109.11.8.49.1 CMS - Svstem Establishment - Initial Installation MB5XX $962.10
109.11.8.49.2 CMS - Svstem Establishment Subsenuent Installation CPVWO $481.05
109.11.8.49.3 CMS - Packet Contral Ca""bilit ner Svstem PTGPS $481.05
109.11.8.49.4 Conference callino - Meet Me MJJPK $32.24
109.11.8.49.5 Conference Callnn - Preset M09PK $32.24
109.11.8.49.6 Conference Calli no - Stalion Dial 6-Wav\GVT $47.48
109.11.9 Other
109.11.9.1 Custom Number
109.11.9.1.1 Idaho North See Applicable Owest Retail 6
Tariff, Catalog or Price List less
Discount (which will be
pravided pursuant to tenns and
conditions in CLEC's ICA).
109.11.9.1.2 Idaho South See Applicable Owest Retail 6
Tariff, Catalog or Price Listless
Discount (which will be
pravided pursuant to tenns and
conditions in CLEC's ICA).
109.11.9.2 PBX DID Comolex Translations Dloits Outnulsed Channe Sionalino $15.2
109.11.9.3 PBX DID Comnlex Translations Sinnalinn Channe $35.5
109.11.9.4 PBX DID Block Comnramise $25.5
109.11.9.5 PBX DID Graun of 20 Numbers $31.3
109.11.9.6 PBX DID Reserve Senuential # Block $25.3
109.11.9.1 PBX DID Reserve Nonsenuential Telenhone Numbers $23.6
109.11.9.8 PBX DID Nonsenuential Telenhone Numbers $33.1
109.11.10 Subseouent Order Charne NHCUU $12.17 4
109.11.11 Owest Comoration tQC Intra LATA Toll LPIC 5123
109.11.11.1 Idaho North See Applicable Owest Retail 6
Tariff, Catalog or Price List less
Discount (which wil be
provided pursuant to tenns and
conditions in CLEC's ICA).
109.11.11.2 Idaho South See Applicable Owest Retail 6
Tariff, Catalog or Price List less
Discount (which wil be
provided pursuant to tenns and
conditions in CLEC's ICA).
109.20 Miscellaneous Charaes 5
109.20.1 Desion - North
109.20.1.1 Maintenance of Servce
109.201.1.1 Basic .
109.20.1.1.1.1 First Increment MVXX ..
109.201.1.1.2 Each Addilionallncrement MVW1X ..
109.20.1.1.2 Overtime
109.20.1.1.2.1 First Increment MVWOX ..
109.20.1.1.2.2 Each Additional Increment MVWX ..
109.20.1.1.3 Premium
109.20.1.1.3.1 First Increment rvwPx ..
109.20.1.1.3.2 Each Additional Increment MVWX ..
109.20.1.2 Onlional Testinn fAdditionalLabor
109.20.1.2.1 Basic First and Each Additional Increment OTNBX ..
109.20.1.2.2 Overtime First and Each Additional Increment OTNOX ..
109.20.1.2.3 Premium First and Each Addilionallncrement OTNPX ..
109.201.3 Disnatch Additionai Dis""tch - No trauble found VT6DC ..
109.20.1.4 Discatch for Maintenance of Servce. No Trauble Found VT6DM ..
109.20.2 Desian and Non-Desion - North
109.20.2.1 Trin Chame - Premises Visit Charne SCO ..
109.20.2.2 Premises Work Charae
109.20.2.2.1 BaSic
109.20.2.2.1.1 First Increment HRD11 ..
109.20.2.2.1.2 Each Additional increment HRDA1 ..
Owest Local Servces Platfonn ™ Agreement OLSp™ Rate Sheet-V1.2.3 04.11.08 2
Qwest Local Services Platform™ (QLSpTM) Rate Page -Idaho
January 1. 2007 throuQh Term*
109.202.2.2 Overtme
109.2022.2.1 First Increment HRD12 ..
109.20.2.2.22 Each Additional Increment HRDA2 ..
109.2022.3 Premium
109.20.2.2.3.1 First Increment HRD13 ..
109.20.22.3.2 Each Additional Increment HRDA3 ..
109.202.3 Network Premises Work Chame
109.20.2.3.1 Basic First Increment HRR11 ..
109.202.32 Basic Each Additional Increment HRRA1 ..
109.202.3.3 Overtime First Increment .HRR12 ..
10920.2.3.4 Overtime Each Additional increment HRRA ..
109.20.2.3.5 Premium First Incrment HRR13 ..
109.20.2.3.6 Premium Each Additional Increment HRRA3 ..
109.20.2.4 Date Channe VT6DC ..
Desion Chanoe H28 ..
Exoedite Charoe Per dav advanced EODDB ..
Cancellation Chame NoUSOC ICB
109.20.3 Non-Desion . South
109.20.3.1 Network Premises Work Charae
10920.3.1.1 All Hours 1st 15 minutes HRH11 ..
109.20.3.1.2 All Hours next three 15 minutes HRHA1 ..
10920.3.1.3 All Hours ea addt'l 15 minutes HRDA1 ..
109.20.4 Desion .. South
109.20.4.1 Maintenance of Service
10920.4.1.1 Basic
109.20.4.1.1.1 First Increment MVWXX ..
10920.4.1.12 Each Additional Increment MV1X ..
10920.4.12 Overtime
10920.4.1.2.1 First Increment MVWOX ..
10920.41.2.2 Each Additional Increment MVW2X ..
10920.4.1.3.1 Premium
10920.41.3.1 First Increment MVWPX ..
10920.4.1.3.2 Each Additional Increment MVWX ..
10920.4.2 Ontional Testinn Additional Labor
10920.4.21 Basic First and Each Additional increment OTNBX ..
109.20.4.22 Overtime Firsl and Each Additional Increment OTNOX ..
109.20.42.3 Premium First and Each Additional Increment OTNPX ..
109.20.4.3 Disoatch (Additional Disoatch . No trauble found)VT6DC ..
109.20.4.4 Disoatch for Maintenance of Service. No Tmubie Found VT6DM ..
109.20.4.5 Network Premises Work Charae
109.20.45.1 Basic
10920.2.5.1.1 First Increment HRH11 ..
109.20.2.5.1.2 Each Additional Increment HRHA1 ..
109.20.4.5.2 Overtime
109.20252.1 First Increment HRH12 ..
109.20.2.5.2.2 Each Additional Increment HRHA2 ..
109.20.4.5.3 Premium
109.20.2.5.3.1 First Increment HRH13 ..
10920.2.5.3.2 Each Additional Increment HRHA3 ..
109.20.5 Desian and Non.Deslan . South
109.20.5.1 Trio Charae - Premises Visit Charoe NRTCY ..
109.20.52 Premises Work Charae
109.20.52.1 Basic
109.20.5.21.1 First Increment HRD11 ..
109.20.5.2.1.2 Each Additional Increment HRDA1 ..
10920.5.2.2 Overtime
10920.5.2.2.1 First Increment HRD12 ..
109.20.5.2.2.2 Each Additional Increment HRDA2 ..
10920.5.2.3 Premium
109.20.5.2.3.1 First Increment HRD13 ..
109.20.5.2.3.2 Each Additional Increment HRDA3 ..
109.20.5.3 DateChanoe VT6DC ..
109.20.5.4 Desinn Chanoe H28 ..
109.20.5.5 Exoedite Charae Per dav advanced EODDB ..
109.20.5.6 Cancellation Charae NoUSOC tCB
109.23 QLSP'" Installation and Conversion Nonrecurrina Charaes (NRCs
109.23.1 Conversion Nonrecurrina Charaes
10923.1.1 QLSP'" Business Centrex PAL and PBX Analoa non.DID Trunks Residential
109.23.1.1.1 First Line (Mechanized URCCU $1.50
10923.1.1.2 Each Additional Line Mechanized\URCCY $0.50
10923.1.1.3 First Line IManual URCCV $15.00
10923.1.1.4 Each Additional Line Manual URCCZ ~'l.OO
109.23.1.2 QLSP'" PBX DID Trunks
Owest Local Services Platform TM Agreement QLSp™ Rate Sheet-V1.2.3 04.11.08 3
Qwest Local Services Platform™ (QLSpTM) Rate Page . Idaho
January 1 2007 throu~h Term*.
109.23.1.2.1 First Trunk URCCD $28.84
109.23.1.2.2 Each Additional $2.73
109.23.1.3 QLSP'" ISDN BRI
109.23.1.3.1 First URCCU $30.66
109.23.1.3.2 Each Additional $2.73
109.23.2 Installation Nonrecurrino Charoes
109.23.2.1 QLSP'" Business Centrex PA and PBX Analo" non-DID Trunks Residential
109.23.2.1.1 First Line (Mechanized NHCRA $50.00
109.23.2.1.2 Each Additional Line Mechanized\NHCRC $18.00
109.23.2.1.3 First Line Manual NHCRB $75.00
109.23.2.1.4 Each Additional Line Manual .NHCRD $20.00
109.23.2.2 QLSP'" Analoa DID PBX Trunks $15.21
109.23.2.3 QLSP'" ISDN-BRI $272.96
109.23.3 Qwest AIN Features
109.23.3.1 Idaho North See Applicable Owest Retail 6
Tariff, Catalog or Price List less
Discount (which will be
provided pursuant to tenns and
conditions in GLEC's ICA).
109.23.3.2 Idaho South See Applicable Owest Retail 6
Tariff, Catalog or Price List less
Discount (which will be
provided pursuant to tenns and
conditions in CLEG's ICA).
109.23.4 Owest Voice Messaaina Services
109.23.4.1 Idaho North See Applicable Owest Retail 6
Tariff. Catalog or Price List iess
Discount (which will be
provided pursuant to tenns and
conditons in CLEC's ICA). .
109.23.4.2 Idaho South See Applicable Owst Retail 6
Tari, Catalog or Price List less
Discount (which wil be
provided pursuant to tenns and
conditions in CLEC's ICA).
112 Onerational SUDDor Svstems
112.1 Develoments and Enhancements. Der Local Servce Renuest All charges and increments -
112.2 OnnDinn Onerations ner Local Service Renuest equal the comparable chargs -
112.3 Daily Usage Records File, per Record and increments provided in the
Owest Wholesale PCAT.
Notes.Universal Service Order Codes (USOCs) have been provided in an effort to ease item description and USOC association with charges. In the event USOCs are
inaccurate or are revised, Qwest reserves the right to correct the Rate Sheet. In the event of any significant change(s), notification will be provided via the standard
See Applicable Qwest Retail Tariff, Catalog or Price List for all charges and increments.
QLSP'" Business and Residential services utilize the same Glass of Service and line Universal Service Order codes (USOCs). QLSP'" Residential services wil be biled
at the Anaiog Port rate and only those lines that specifically qualify for and are identified as serving a residential end-user customer by the presence of the LAWUR
USOC wil receive the Residential end user credit.
2 QLSP'" service includes nondiscriminatory access to all vertical switch feature that are loaded in Owest's End Ofce Switch. See the PCAT for all compatible and
available vertcal switch features. Only vertical switch features with Non-Recurrng, Recurrng. or Per Occurrence charges are listed. Non-Recurrng charges are
applicable whenever a feature is added - whether on new installation, conversion. or change order actvity. Those vertical switch 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 existing service. including changing a telephone number, initiating or
removing Suspension or Servce, denying or restoring service, adding, removing, or changing features, and other similar requests.
5 QLSP'" ISDN BRI and PBX are "Design". Remaining QLSP'" services are "Non-Design". All charges and increments shall be the same as the comparable charges and
increments provided in Owest Retail Tariffs. Catalogs, or Price Lists and are subject to change based on changes in those underlying Owest Retail Tariff, Catalogs, or
Price Lists. In the event a rate changes, notification wil be provided via the standard notification process.
Where the servce has been deemed to be a Telecommu.nications Servce, the Discount will be provided pursuant to CLEC's ICA. Where the service is nol a
Telecommunications Service. the discount wil be 18%.
Owest Local Services Platfonn 1M Agreement QLSp™ Rate Sheet-V1.2.3 04,11.08 4