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Home My WebLink About20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7lh Avenue, Room 1506 Seattle, Washington 98191 (206) 73+s178 Facsimile (206) 34$4040 Maura E. Peterson Paralegal Regulatory Law January 17,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 472 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 i. !t-i :.', J,. I i t l- .'t't sITdTrlv Centurylink' Via Overnight delivery (/5w-T- qq-t4 Re: CenturyLink Local Services Platform ("CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your office on January 16,2014, enclosed are the signature pages for all of the CLSPs which have been extended. For your convenience, we are also enclosing a matrix listing the CLSPs and the docket numbers associated with the original agreements. Please contact u have any questions concerning the enclosed. Thank you. Sincerely, Maura E. MEP/jga Enclosure EXTENSION AMENDMENT TO CENTU RYLIN KTI{ LOCAL SERVIC ES PLATFORM ("CLSP'* "; AG REEM ENT This amendment ('Amendment"), by and between Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and MClmetro Access Transmission Services LLC ('CLEC"), amends the CenturyLinkil Local Services Platform ("CLSeru1 Agreement (formerly known as "Qwest Local Services Platformru ("QLSe*1 Agreement") between the Parties. WHEREAS, the Parties entered into a Qwest Local Services Platform ('QtSett'1 Agreement (now referred to as a CenturyLinkil Local Services P latform ('ClSe m1 Ag reement), (the'Agreement') ; and WHEREAS, the terms "CenturyLink" and 'CLSP' in this Amendment shall be used in place of, and interchangeably with, the terms "Qwest" and "QLSP", respectively, in the Agreement; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the re-ceipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section 2 of the Aoreement will be replaced in iE entiretu as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aqreement will be reolaced in iE entiretu as fotlows: 3. Term. The term of this Agreement begins on the Effective Date and continues through December 31, 2016. Upon expiration, this Agreement will continue on a month-to-month basis until it is terminated by either Party, with at least ninety (90) Days prior wriften notice, pursuant to Section 22 of lhe Agreement, or replaced by a successor agreement. Attachment 2 - Seruice Descriotion - of the Aoreement is herebv amended as follows: 1. Section 1 of Attachment 2 will have the following added: 1.6.7 Should CenturyLink cease offering a service to its End User Customers that is also available underthis Agreement, upon thirty (30) Days prior written notice to CLEC, CenturyLink will also cease offering the service to CLEC. Notwithstanding the foregoing, CenturyLink will not efiect a discontinuation of any service pursuant to this Section 1.6,7 in such manner that CLEC may not reasonably comply with Applicable Law conceming End User Customer discontinuation of service, disconnection and notification, provided that, the foregoing is subject to CLEC's reasonable diligence in effecting such compliance. . Section 3.2.4 of Attachment 2 is replaced with the following: 3.2.4 115% YOY Votume Growth Plan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or exceeds 1100/o ol the sum of CLEC's total CLSP lines as of October 31 of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,OOO) CLSP lines, CLEC will qualifo for a 307o discount off the Business Port MRCs and a 60/o discount off the Residential Port MRCs applicable during the next calendar year. Section 7 of Attachment 2 will have the following changes: 7.0 Commercial Performance and Service Credits. 7.2 Removed in its entirety. 7.3 Removed in its entirety. Section 8 of Attachment 2 will have the following added: 8.1.1 Upon a decision from the Washington Utilities and Transportation Commission that CenturyLink is no longer required to offer the Washington Performance Assurance Plan, CenturyLink will transition to the Commercial Performance and Service Credits Plan of Section 7.0. Decemberl0, 2013/kjc/CLSP 2014 Extension Amendment to CLSPfl AgreemenUMClmetro Access AZ-CDS-101021-0086; GO-CDS-101021-0087; !A-CDS-101021-0088; ID-CDS-101021-0089; MN-CDS-101021-0090 MT-CDS-I010214091;ND-CDS-'|01021-0092;NE-CDS-1010214093;NM-CDS-101021-0094; OR-CDS-101021-0095; SD-CDS-1 01 021 -0096; UT-CDS-1 01 021 -0097; W&CDS-1 01 02 1 -0098: WY-CDS-1 01 021 -0099 3. 4. Page 1 of2 CenturyLinkil Locat Servlces Platform (CLSPrt) Rate Page - Az..CO,IA, lD, MT, ND, NE, NM, OR, SD, UT' WA, VllY January 1, 201t1 through Term CenturyLinkil Loca!Services Platform (CLSPT") Rate Page - Minnesota January 1,2014 through Term t09.1't.2 'oru, lf E0% YOY Volume Ret€ntlon Plan R6oulremenb Are Met rw.112.1 \nalog Port il/, tog.'t1.2.2 ryEloq roII. Keso3lllal €m user cfeo[AWUR N/' r09.1 1.2.3 :fiedive CLSPil Residenlial AIlalog Port N/' 109.11.2.4 )igiial Porl (suppofting BRI lsDN)N/' r09.1 1.2.5 PBX DID PorI N/' 109.2r.2 nltallrtlon l{onrscurrlng Charqe! r0t .23.2.1 oLSPB Butlne3r, Cantrpx, PAL, and PBX Anelog non-DlD Trunk3, Residentlsl '109.23.2.1.1 lFirst Lino (l\r€chanized){HCRA $25.0C DocuSign Envelope tD: BlC339F1-1458-46iA-9479-930BS8S3O2BC EXTENSION AMENDMENT TO CENTURYLIN KTiI LOCAL SERVIC ES PLATFO RM ("CLSP'U " 1 AGREEM ENT Further Amendments Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be in full force and effect. The provisions of this Amendment, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures from the provisions of this Amendment may not be given without the written consent thereto by both of the Parties hereto. No waiver by any Party of any default, misrepresentation, or breach of warranty or @venant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Entire Aoreement The Agreement as amended (including by the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter of the Agreement, as amended, and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter of the Agreement, as amended. The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. dba CenturyLink QC: Title: Director - Wholesale Contracts Jason B. W'illiams vP - General Counsel L2/L6/20L3 October 30, 20 1 3/mms/ Fretet Communications, LLC/| D/CDS-I 01 1 1 2-0061 CLSP 2014 Extension Amendment to CLSptr Agreement Page 2 ol 2