20111130Amendment to Application.pdf

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CENTURYLINK
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
RE(:F:S~~~~ CenturyLink™
iou NOV 30 AH 9: ~5
Maura E. Peterson
Paralegal
Regulatory Law
t rJAI"-~()
UTILlîlES
Via Overnight delivery
November 29, 2011
Jean Jewell, Secretar
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-1l-14
Application for Approval of Amendment to the Interconnection Agreement
Geils Communications, Inc.
Dear Ms. Jewell:
Enclosed for filing with this Commssion on behalf of Qwest Corporation d//a Centurylink
QC is an original and three (3) copies of the Application for Approval of Amendment to the
Interconnection Agreement. CenturyLink respectfully requests that this matter be placed on
the Commission Decision Meeting Agenda for expedited approval.
Thank you for your
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U&
mep
Enclosure
cc: Service list
www.centurylink.com
.Lisa A. Ander! (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr(g qwest.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
APPLICATION OF QWEST
CORPORATION DIB/A CENTURYLINK
FOR APPROVAL OF AN
INTERCONNCTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE-T-11-14
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation d//a CenturyLink ("CenturyLink") hereby files this Application for
Approval of Amendment to the Interconnection Agreement ("Amendment") which is pending
. with the Idaho Public Utilities Commssion (the "Agreement"). The Amendment with Geils
Communications, Inc. ("Geils") 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 Telecommunications Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commssion may reject an amendment
reached through voluntary negotiations only if the Commssion finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carer 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.
CenturyLink respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commssion approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commssion, the United States Congress, and the Federal
Communications Commssion. Expeditious approval of this Amendment wil enable Geils to.
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 1
GEILS PERFORMANCE ASSURANCE PLAN (PAP) AMENDMENT
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interconnect with CenturyLink facilities and to provide customers with increased choices among
telecommunications services.
CenturyLink further requests that the Commssion approve this Amendment without a
hearng. Because this Amendment was reached through voluntary negotiations, it does not raise
issues requiring a hearng and does not concern other paries not a pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this¿j ~ay of November, 2011.
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t6f;
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 2
GEILS PERFORMANCE ASSURANCE PLAN (PAP) AMENDMENT
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CERTIFICATE OF SERVICE
I hereby certify that on this.:f- day of November, 2011, 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, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡¡ewell (gpuc.state.id.us
Hand Delivery
U. S. Mail
-- Overnight Delivery
Facsimile
Email
Wesley Minella
Geils Communications
2975 Westchester Avenue
Suite 402
Purchase, NY 10577
Hand Delivery
U. S. Mail
-- Overnight Delivery
Facsimile
Email
Leslie Johnson, Legal Assistant
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 3
GEILS PERFORMANCE ASSURANCE PLAN (PAP) AMENDMENT
OocùSign Envelope 10: 0948B067-0EOB-46F2-A053-AAF6474570BE
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Performance Assurance Plan (PAP) Amendment
to the Interconnection Agreement between
Qwest Corporation dba CenturyLink QC
and
Geils Communications, Inc.
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between
Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Geils
Communications, Inc. ("CLEC"), a Nevada corporation. CenturyLink and CLEC shall be known
jointly as the "Parties".
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement"), for service in
the State of Idaho, that was signed by both Parties and is currently pending approval by the
Idaho Public Utilities Commission; and
WHEREAS, the Parties agree to amend the Agreement under the terms and conditions
contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by adding the CenturyLink QC Performance Assurance
Plan (PAP) language at Section 20.2, as set forth in Attachment 1, and by replacing Exhibit K,
attached hereto and incorporated herein.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, thè
Parties may agree to implement the provisions of this Amendment upon execution. To
accommodate this need, CLEC must generate, if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire, all system updates wil need to be completed
by CenturyLink. CLEC will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met. Additionally, CenturyLink shall
implement any necessary billng changes within two (2) billng cycles after the latest execution
date of this Amendment, with a true-up back to the latest execution date of this Amendment by
the end of the second billng cycle. The Parties agree that so long as CenturyLink implements
the billing changes and the true-up as set forth above, the CLEC's bils shall be deemed
accurate and adjusted without error.
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain 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
October 3, 2011/mms/Geils Communications, Inc.lPAP/ID
Amendmentto CDS-110902-0003
OocuSign Envelope 10: 0948B067-0EOB-46F2-A053-AAF6474570BE
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of this Amendment may not be given without the written consent thereto by both Parties'
authorized representative. No waiver by any Party of any default, misrepresentation, or breach .
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Entire Agreement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects 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 subjects 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.
Geils Communications, Inc.Qwest Corporation dbaCenturyLink QC
(fDOCUsid by~~05~~
~05E9FC68B057454"':Jl.í(J~~
DocuSigned By: L T Christensen
Signature Signature
Wesly Minella
Name Printedffyped
L. T. Christensen
Name Printedffyped
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President
Title
Director - Wholesale Contracts
Title
10/4/2011 10/4/2011
Date Date
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October 3, 2011/mms/Geils Communications, Inc.lPAP/ID
Amendment to CDS-11 0902-0003 2
OociJSign Envelope 10: 0948B067-0EOB-46F2-A053-AAF6474570BE
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ATTACHMENT 1
CenturyLink QC Performance Assurance Plan (PAP)
Section 20.0 - SERVICE PERFORMANCE, of the Agreement, is hereby amended by adding Section 20.2:
20.2 The CenturyLink QC Performance Assurance Plan (PAP) is attached as Exhibit
K of this Agreement. Subsequent changes to the PAP submitted to the Commission wil be
incorporated into Exhibit K as soon as they are effective by operation of law or the effective date
as approved by Commission order, whichever is applicable, and without further Amendment to
this Agreement.
October 3, 2011/mms/Geils Communications, Inc.lPAP/ID
Amendment to CDS-11 0902-0003 3
OocuSign Envelope 10: 0948B067-0EOB-46F2-A053-AAF6474570BE
Exhibit K
PERFORMANCE ASSURANCE PLAN
1.0 Introduction
1.1 As set forth in this Agreement, Qwest Corporation dba CenturyLink QC
("CenturyLink QC") and CLEC voluntarily agree to the terms of the following
Performance Assurance Plan ("PAP"), initially prepared in conjunction with Qwests
application for approval under Section 271 of the Telecommunications Act of 1996
(the "Act") to offer in-region long distance service and subsequently modified in
accordance with the Commission's orders and, where applicable, by operation of law.
2.0 Plan Structure
2.1 The PAP is, self-executing remedy plan. CLEC shall be provided with
payments if, as applicable, CenturyLink QC does not provide parit between the.
service it provides to CLEC and that which it provides to its own retail customers, or
CenturyLink QC fails to meet applicable benchmarks.
2.2 As specified in sections 6.0 and 7.0 and Attchments 1 and 2, payment is
generally on a per occurrence basis, (Le., a set dollar payment times the number of
non-conforming service events). For the performance measurements which do not
lend themselves to per occurrence payment, payment is on a per measurement
basis, (Le., a set dollar payment). The level of payment also depends upon the
number of consecutive months of non-conforming performance, (Le., an escalating
payment the longer the duration of non-conforming performance) unless otherwise
specified.
2.3 CenturyLink QC shall be in conformance with the parity standard when
service CenturyLink QC provides to CLEC is equivalent to that which it provides to its
retail customers. The PAP relies upon statistical scoring to determine whether any
difference between CLEC and CenturyLink QC performance results is significant, that
is, not attributable to simple random variation. Statistical parity shall exist when
performance results for CLECand for CenturyLink QC retail analogue result in a z-
value that is no greater than the critical z-values listed in the Critical Z-Statistical
Table in section 5.0.
2.4 For performance measurements that have no CenturyLink QC retail
analogue, agreed upon benchmarks shall be used. Benchmarks shall be evaluated
using a "stare and compare" method. For example, if the benchmark is for a
particular performance measurement is 95% or better, CenturyLink QC performance
results must be at least 95% to meet the benchmark. Percentage benchmarks wil be
adjusted to round the allowable number of misses up or down to the closest integer,
except when a benchmark standard and low CLEC volume are such that a 100%
performance result would be required to meet the standard and has not been
attained in which case section 3.1.2 applies.
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
2010
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OocùSign Envelope 10: 0948B067-0EOB-46F2-A053-AAF6474570BE
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Exhibit K
3.0 Penormance Measurements
3.1 The performance measurements that are in the PAP and either (1) subject to
the PAP payment mechanisms or (2) not subject to the PAP payment mechanisms
but subject to the ReinstatemenURemoval Process set forth in section 3.2 below are
identified in Attachment 1 and sections 6.3 and 7.4. Each performance measurement
identified is defined in the Performance Indicator Definitions ("PI Os") included in the
SGAT at Exhibit B.
3.1.1 On Attachment 1, the measurements have been given a High,
Medium, or Low designation.
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3.1.2 Where applicable elsewhere in the PAP, this provision modifies other
provisions and operates as follows: For any benchmark or non'-interval parity
performance sub-measure, CenturyLink ac shall apply one allowable miss to
a sub-measure disaggregation that otherwise would require 100%
performance before the performance is considered as non-conforming to
standard (1) if at the CLEC-aggregate level, the performance standard is met
or (2) where the CLEC-aggregate performance must be 100% to meet the
standard, the CLEC-aggregate performance is conforming after applying one
allowable miss at that leveL.
3.2 The following measures, which are listed in Attachment 1, are not subject to
the payment mechanisms of the PAP; however, they are subject to the PID
ReinstatemenURemoval Process. All other measures listed in Attachment 1 or
section 6.3 are subject to the PAP payment mechanisms, but they are not subject to
the PID ReinstatemenURemoval Process.
PQ-_~__LSRRejec:ti()riNgtic:eJn_tel"~L_................__ ............................_........................_..........
PO-50 Firm Order Confirmations (FOCs) On Time (ASRs for LIS Trunks)
PO-7
PO-8
OP-17
MR-11
BI-4
NI-1
NP-1
Billng Completion Notification Timeliness
Jeopardy Notice Interval
Timeliness of Disconnects Associated with LNP Orders
LNP Trouble Reports Cleared within Specified Timeframes
Billng Completeness
Trunk Blocking
NXX Code Activation
3.3 PID ReinstatemenURemoval Process: If CenturyLink ac's performance for
any sub-measure of the PI Os listed in section 3.2 above does not conform to the
established PID standard as set forth in the PAP for three consecutive months, that
sub-measure wil be reinstated (Le., be subject to the PAP payment mechanisms)
subject to the retroactive payment provision of section 3.3.2 and subject to the PAP
payment mechanisms effective in the month following the three consecutive months.
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
2010.- 2-
OocuSign Envelope ID: 0948B067-0EOB-46F2-A053-AAF6474570BE
Exhibit K
The determination of whether a PID sub-measure is reinstated is made no later than
at the end of the second month following the third consecutive month of non-
conforming performance. The sub-measure wil remain subject to the PAP payment
mechanisms until CenturyLink ac's performance for that sub-measure satisfies the
established standards for three consecutive months. Effective the month following
such conforming performance, the sub-measure wil no longer be subject to the PAP
payment mechanisms but wil continue to be subject to the PID
Reinstatement/Removal Process. The determination of whether a PID sub-measure
is removed from being subject to the PAP payment mechanisms is made no later
than the end of the second month following the third consecutive month of
conforming performance. Where applicable elsewhere in the PAP, this PID
Reinstatement/Removal Process modifies other provisions and operates as follows:
3.3.1 Disaggregation and Reporting Levels: Performance wil be evaluated
at the lowest level of disaggregation defined in Exhibit B of the SGAT on a
CLEC-aggregated or other-aggregated basis such that performance is
evaluated for the purposes of administering the Reinstatement/Removal
Process on a statewide or regionwide level, as applicable per the PID.
3.3.2 Retroactive Payments: To calculate retroactive payments for the sub-
measures reinstated, PAP payment mechanisms wil be applied to the three
consecutive months in which the standard was missed, which triggered
reinstatement. These retroactive payments will be made to applicable CLECs,
depending at the end of the third month after the month in which performance
triggered re-instatement.
3.3.2.1 Accounting for Payments: In support of retroactive payments
(section 3.3.2 above), CenturyLink ac wil account separately for PAP
payments that would have been made to individual CLECs for a sub-
measure as though it had been subject to the PAP payment
mechanisms, where automatic reinstatement applies, and account
separately in the same manner for the time between when it is
determined that a sub-measure met the standard for automatic removal
and the effective date of removal (the month following the three
consecutive "met' months). With regard to sub-measures that are
subsequently removed again through this process, any PAP payments
made during the three consecutive months which triggers automatic
removal will not be recovered by CenturyLink ac.
3.3.2.2 Interest: In the case of automatic reinstatement, retroactive
payments will include interest calculated at the prime rate as reported in
the Wall Street Journal from the date a payment would have been
made to the date the payment is actually made.
3.3.2.3 Tracking: CenturyLink ac wil track and report service and
payment results, including retroactive and avoided (Le., during periods
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
2010
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OocùSign. Envelope .10:. 0948B067 -OEOB-46F2-A053-AAF6474570BE
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Exhibit K
of removal) PAP payments and the disposition of the avoided payments
on a CLEC, PID sub-measure and aggregate basis each month.
3.3.3 Public Website: CenturyLink QC will maiatain a public website
showing the PAP status of each PID or sub-measure with respect to the
applicability of the PAP payment mechanisms (Le., reinstated or removed),
which eliminates the requirement to make filings with the Commission to
modify the PAP due to the application of the PID Reinstatement/Removal
Process.
4.0 Statistical Measurement
4.1 CenturyLink QC uses a statistical test, namely the modified "z-test," for
evaluating the difference between two means (Le., CenturyLink QC and CLEC
service or repair intervals) or two percentages (e.g., CenturyLink QC and CLEC
proportions), to determine whether a parity condition exists between the results for
CenturyLink QC and the CLEC(s). The modified z-tests shall be applicable if the
number of data points are greater than 30 for a given measurement. For testing
measurements for which the number of data points are 30 or less, CenturyLink QC
wil use a permutation test to determine the statistical significance of the difference
between CenturyLink QC and CLEC..4.2 CenturyLink QC shall be in conformance when the monthly performance
results for parity measurements (whether in the form of means, percents, or
proportions and at the equivalent level of disaggregation) are such that the calculated
z-test statistics are not greater than the critical z-values as listed in Table 1, section
5.0.
4.3 CenturyLink QC shall be in conformance with benchmark measurements
when the monthly performance result equals or exceeds the benchmark, if a higher
value means better performance, and when the monthly performance result equals or
is less than the benchmark if a lower value means better performance.
The formula for determining parity using the modified z-test is:
z = DIFF / (1DIFF
Where:
DIFF = MCenturyLink QC - MCLEC
MCENTURYLINK QC = CenturyLink QC average or proportion
MCLEC = CLEC average or proportion
(1DIFF = square root (cfCenturyLink QC (1/ n CLEC + 1/ n CenturLink Qd)
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
2010.- 4-
OocuSign Envelope 10: 0948B067-0EOB-46F2-A053-AAF6474570BE
Exhibit K
dlCentUryLink QC = calculated variance for CenturyLink ac
nCenturyLink QC = number of observations or samples used in CenturyLink
ac measurement
nCLEC = number of observations or samples used in CLEC
measurement
The modified z-tests will be applied to reported parity measurements that contain
more than 30 data points.
In calculating the difference between CenturyLink ac and CLEC performance, the
above formula applies when a larger CenturyLink ac value indicates a better level of
performance. In cases where a smaller CenturyLink ac value indicates a higher
level of performance, the order is reversed, Le., MCLEC - MCENTURYLlNKQC.
4.3.1 For parity measurements where the number of data points is 30 or less,
CenturyLink ac wil apply a permutation test to test for statistical significance.
Permutation analysis wil be applied to calculate the z-statistic using the following
logic:
Calculate the modified z-statistic for the actual arrangement of the data
Pool and mix the CLEC and CenturyLink ac data sets
Perform the following 1000 times:
Randomly subdivide the pooled data sets into two pools, one the same
size as the original CLEC data set (nCLEC) and one reflecting the
remaining data points, and one reflecting the remaining data points,
(which is equal to the size of the original CenturyLink ac data set or
nCENTURYLINK Qc).
Compute and store the modified z-test score (Zs) for this sample.
Count the number of times the z-statistic for a permutation of the data is
greater than the actual modified z-statistic
Compute the fraction of permutations for which the statistic for the rearranged
data is greater than the statistic for the actual samples
If the fraction is greater than lX, the significance level of the test, the hypothesis of no
difference is not rejected, and the test is passed. The ushall be .05 when the critical
z value is 1.645 and .15 when the critical z value is 1.04.
5.0 Critical Z-Value
5.1 The following table shall be used to determine the critical z-value that is
referred to in section 6.0. It is based on the monthly business volume of the CLEC
for the particular performance measurements for which statistic testing is being
performed.
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
2010
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OocùSign Envelope 10: 0948B067-0EOB-46F2-A053-AAF647457DBE
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Exhibit K
TABLE 1: CRITICAL Z-VALUE
All OtherLIS Trunks, UDITs, Resale,
UBL-DS1 and DS-3
1.04*
1.645
2.0
2.7
3.7
4.3
1.645
1.645
2.0
2.7
3.7
4.3
* The 1.04 applies for individual month testing for performance measurements
involving LIS trunks and DS-1 and DS-3 that are UDITs, Resale, or Unbundled
Loops. The performance measurements are OP-3d/e, OP-4d/e, OP-5a, OP-6-4/5,
MR-5a/b, MR-7d/e, and MR-8.
For purposes of determining consecutive month misses, 1.645 shall be used. Where
performance measurements disaggregate to zone 1 and zone 2, the zones shall be
combined for purposes of statistical testing..6.0 Payments to CLEC
6.1 Payments to CLEC shall be made solely for the performance measurements
listed on Attachment 1 or in section 6.3. The payment amount for non-conforming
service varies depending upon the designation of performance measurements as
High, Medium, and Low and the duration of the non-conforming service condition as
described below. Non-conforming service is defined in section 4.0.
6.1.1 Determination of Non-Conforming Measurements: The number of
performance measurements that are determined to be non-conforming and,
therefore, eligible for payments, are limited according to the critical z-value shown in
Table 1, section 5.0. The critical z-values are the statistical standard that determines
for each CLEe performance measurement whether CenturyLink QC has met parity.
The critical z-value is selected from Table 1 according to the monthly CLEC volume
for the performance measurement. For instance, if the CLEC sample. size for that
month is 100, the critical z-value is 1.645 for the statistical testing of that parity
performance measurement.
6.2 Determination of the Amount of Payment: Payments to CLEC, except as
provided for in sections 6.2.3, 6.3 and 10.0, are calculated and paid monthly based
on the number of performance measurements exceeding the critical z-value.
Payments will be made on either a per occurrence or per measurement basis,
depending upon the performance measurement, using the dollar amounts specified
in Table 2 below. The dollar amounts vary depending upon whether the performance
CenturyUnk QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
2010.- 6-
OocuSign Envelope 10: D948B067-0EOB-46F2-A053-AAF6474570BE
Exhibit K
measurement is designated High, Medium, or Low and escalate depending upon the
number of consecutive months for which CenturyLink ac has not met the standard
for the particular measurement.
6.2.1 The escalation of payments for consecutive months of non-conforming
service wil be matched month for month with de-escalation of payments for every
month of conforming service. For example, if CenturyLink ac has four consecutive
monthly "misses" it wil make payments that escalate from month 1 to month 4 as
shown in Table 2. If, in the next month, service meets the standard, CenturyLink ac
makes no payment. A payment "indicatot' de-escalates down from month 4 to month
3. If CenturyLink ac misses the following month, it wil make payment at the month
3 level of Table 2 because that is where the payment "indicatot' presently sits. If
CenturyLink ac misses again the following month, it wil make payments that
escalate back to the month 4 leveL. The payment level wil de-escalate back to the
original month 1 level only upon conforming service suffcient to move the payment
"indicator" back to the month 1 leveL.
6.2.2 For those performance measurements listed on Attachment 2 as
"Performance Measurements Subject to Per Measurement Caps," excluding BI-3A,
payment to a CLEC in a single month shall not exceed the amount listed in Table 2
below for the "Per Measurement Cap" category. For those performance
measurements listed on Attachment 2 as "Performance Measurements Subject to
Per Measurement Payments," if any should be added at a later time, payment to a
CLEC wil be the amount set forth in Table 2 below under the section labeled "Per
Measurement Cap."
TABLE 2: ESCALATIONS OF PAYMENTS TO CLEC
Per Occurrence
Measurement Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Each
Group following
month
after
Month 6
add
Hi h $150 $250 $500 $600 $700 $800 $100
Medium $ 75 $150 $300 $400 $500 $600 $100
Low $ 25 $ 50 $100 $200 $300 $400 $100
Per Measurement
Ca
Measurement Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Each
Group following
month
after
Month 6
add
Hi h $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 $25,000
Medium $10,000 $20,000 $30,000 $ 40,000 $ 50,000 $ 60,000 $10,000
Low $ 5,000 $10,000 $15,000 $ 20,000 $ 25,000 $ 30,000 $ 5,000
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
2010
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OocuSign Envelope 10: 0948B067-0EOB-46F2-A053-AAF6474570BE
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Exhibit K
6.2.3 For the BI-3A performance measurement, the dollar payment amount for non-
conforming performance varies depending upon the Total Bil AdjustmentAmount for
the CLEC. The payment amount is calculated using Table 2A below by multiplying
the per occurrence amount times the number of occurrences based on the Total Bil
Adjustment Amount,1 capped at the amount shown in the table for that Total Bil
Adjustment Amount. The escalation of payments for consecutive months as stated in
section 6.2.1 does not apply.
TABLE 2A: PAYMENTS TO CLECS FOR BI-3A
Total Bill Adjustment Per Occurrence Cap
Amount Amount
$0 - $0.99 $0 $0
$1 - $199.99 $1 $200
$200 - $999.99 $10 $5,000
$1,000 - $9,999.99 $10 $10,000
$10,000 - $49,999.99 $15 $15,000
$50,000 - $99,999.99 $20 $20,000
$100,000 and over $25 $25,000
.6.3 For collocation, CP-2 and CP-4 performance measurements shall be relied
upon for delineation of collocation business rules. For purposes of calculating
payments, collocation jobs and collocation feasibilty studies that are later than the
due date will have a per day payment applied according to Table 3. The per day
payment wil be applied to any collocation job in which the feasibilty study is provided
or the collocation installation is completed later than the scheduled date. The
calculation of the payment amount will be performed by applying the per day
payment amounts as specified in Table 3. Thus, for days 1 through 10, the payment
is $150 per day. For days 11 through 20, the payment is $300 per day and so on.
TABLE 3: COLLOCATION PAYMENTS TO CLECS
Days Late Completion Date Feasibility Study
1 to 10 days $150/day $45/day
11 to 20 days $300/day $90/day
21 to 30 days $450/day $135/day
31 to 40 days $600/day $180/day
More than 40 days $1,OOO/day $300/day
6.4 A minimum payment calculation shall be performed by CenturyLink QC at the
end of each year for each CLEC with annual order volumes of no more than 1,200.
The payment shall be calculated by adding the applicable minimum payment amount
in Table 4 below for each month in which at least one payment was due to the
i Total Bil Adjustment Amount is deterined by subtracting the BI-3A numerator from theBI.3A denominator
as dermed in the BI-3 Pil formula.
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
2010.- 8-
OocuSign Envelope 10: 0948B067-0EOB-46F2-A053-AAF6474570BE
Exhibit K
CLEC. To the extent that the actual CLEC payment for the year is less than the
product of the preceding calculation, CenturyLink QC shall make an additional
payment equal to the difference.
TABLE 4: MINIMUM PAYMENTS TO CLECS
Minimum Payment
Total Monthly Payment:Amount:
Less than $200 $0
Between $200 and $800 $1,500
Between $801 and $ 2,000
$1,400
Over $1,400 $ 2,500
7.0 (BLANK)
8.0 Step by Step Calculation of Monthly Payments to CLEC
8.1 Application of the Critical Z-Values: CenturyLink QC shall identify the parity
performance measurements that measure the service provided to CLEC by
CenturyLink QC for the month in question and the critical z-value from Table 1 in
section 5.0 that shall be used for purposes of statistical testing for each particular
performance measurement. The statistical testing procedures described in section
4.0 shall be applied. For the purpose of determining the critical z-values, each
disaggregated category of a performance measurement is treated as a separate sub-
measurement. The critical z-value to be applied is determined by the CLEC volume
at each level of disaggregation or sub-measurement.
8.2 Performance Measurements for which Payment is Per Occurrence:
8.2.1 Performance Measurements that are Averages or Means:
8.2.1.1 Step 1: For each performance measurement, the average or the mean that
would yield the critical z-value shall be calculated. The same denominator as the one
used in calculating the z-statistic for the measurement shall be used. (For
benchmark measurements, the benchmark value shall be used.)
8.2.1.2 Step 2: The percentage differences between the actual averages and the
calculated averages shall be calculated. The calculation is % diff = (CLEC result -
Calculated Value)/Calculated Value. The percent difference shall be capped at a
maximum of 100%. In all calculations of percent differences in sections 8.0 and 9.0,
the calculated percent differences is capped at 100%.
8.2.1.2 Step 3: For each performance measurement, the total number of data points
shall be multiplied by the percentage calculated in the previous step and the per
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
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Exhibit K
occurrence dollar amounts from the Payment Table shall determine the payment to
the CLEC for each non-conforming performance measurement.
8.2.2 Performance Measurements that are Percentages:
8.2.2.1 Step 1: For each performance measurement, the percentage that would yield
the critical z-value shall be calculated. The same denominator as the one used in
calculating the z- statistic for the measurement shall be used. (For benchmark
measurements, the benchmark value shall be used.)
8.2.2.2 Step 2: The difference between the actual percentages for the CLEC and the
calculated percentages shall be determined.
8.2.2.3 Step 3: For each performance measurement, the total number of data points
shall be multiplied by the difference in percentage calculated in the previous step,
and the per occurrence dollar amount taken from the Payment Table, to determine
the payment to the CLEC for each non-conforming performance measurement.
8.2.3 Performance Measurements that are Ratios or Proportions:
.8.2.3.1 Step 1: For each performance measurement the ratio that would yield the
critical z-value shall be calculated. The same denominator as the one used in
calculating the z-statistic for the measurement shall be used. (For benchmark
measurements, the benchmark value shall be used.)
8.2.3.2 Step 2: The absolute difference between the actual rate for the CLEC and
the calculated rate shall be determined.
8.2.3.3 Step 3: For each performance measurement, the total number of data points
shall be multiplied by the difference calculated in the previous step, and the per
occurrence dollar amount taken from the Payment Table, to determine the payment
to the CLEC for each non-conforming performance measurement.
8.3 Performance Measurements for which Payment is Per Measure:
8.3.1 For each performance measurement where CenturyLink QC fails to meet the
standard, the payment to the CLEC shall be the dollar amount shown on the "per
measure" portion of Table 2: Escalations of Payments to CLEC.
9.0 (BLANK)
10.0 Low.Volume, Developing Markets
10.1 For certain qualifying performance standards, if the aggregate monthly
volumes of CLECs participating in the PAP are more than 10, but less than 100,
CenturyLink QC wil make payments to CLECs for failure to meet the parity or
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
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benchmark standard for the qualifying performance sub-measurements. The
qualifying sub-measurements are the ADSL qualified loop product disaggregations of
OP-3, OP-4, OP-5a, MR-3, MR-5, MR-?, and MR-8. If the aggregate monthly CLEC
volume is greater than 100, the provisions of this section shall not apply to the
qualifying performance sub-measurement.
10.2 The determination of whether CenturyLink QC has met the parity or
benchmark standards wil be made using aggregate volumes of CLECs participating
in the PAP. In the event CenturyLink QC does not meet the applicable performance
standards, a total payment to affected CLECs wil be determined in accordance with
the high, medium, low designation for each performance measurement (see
Attachment 1) and as described in section 8.0, except that CLEC aggregate volumes
wil be used. In the event the calculated total payment amount to CLECs is less than
$5,000, a minimum payment of $5,000 shall be made. The resulting total payment
amount to CLECs will be apportioned to the affected CLECs based upon each
CLEC's relative share of the number of total service misses.
10.3 At the six (6)-month reviews, CenturyLink QCwil consider adding to the
above list of qualifying performance sub-measurements, new products
disaggregation representing new modes of CLEC entry into developing markets.
11.0 Payment
11.1 Payments to CLEC shall be made one month following the due date of the
performance measurement report for the month for which payment is being made.
CenturyLink QC wil pay interest on any late payment and underpayment at the prime
rate as reported in the Wall Street Journal. On any overpayment, CenturyLink QC is
allowed to offset future payments by the amount of the overpayment plus interest at
the prime rate.
11.2 Payment to CLEC shall be made via bil credits. Bil credits shall be identified
on a summary format substantially similar to that distributed as a prototype to the
CLECs and the Commissions. To the extent that a monthly payment owed to CLEC
under this PAP exceeds the amount owed to CenturyLink QC by CLEC on a monthly
bill, CenturyLink QC wil issue a check or wire transfer to CLEC in the amount of the
overage.
11.3 Under a prior version of the Idaho PAP, a Special Fund was created for the
purpose of payment of an independent auditor and audit costs as specified in section
15.0 and payment of other expenses incurred by the participating Commissions in
the regional administration of the PAP.
11.3.1 (BLANK)
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
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11.3.2 Commissions participating in the Special Fund shall appoint a person
designated to administer and authorize disbursement of funds. All claims against the
fund shall be presented to the Commissions' designates and shall be the
responsibility of the participating Commissions.
11.3.3 Under the prior Idaho PAP, CenturyLink QC advanced funds to meet initial
claims against the Special Fund. Such funds shall not exceed $500,000 and shall be
reduced appropriately in the event that at least six states in which the QPAP is in
effect do not agree to participate in the Special Fund. Upon a determination by the
participating Commissions that the Special Fund has become self-sustaining or is no
longer required, CenturyLink QC shall be allowed to recover any such advances plus
interest at the rate that the escrow account would have earned.
11.3.4 Under the prior Idaho PAP, Qwest established an Idaho Discretionary Fund
as a separate interest bearing escrow account. The Commission shall appoint a
person designated to administer and authorize disbursements of funds from the
Discretionary Fund. Disbursements from the Discretionary Fund shall be limited to
competitively neutral Idaho telecommunications initiatives. The costs of the
Discretionary Fund wil paid for from the account's funds.
.12.0 Cap on Payments
12.1 There shall be a cap on the total payments made by CenturyLink QC for a 12
month period beginning with the effective date of the PAP for the State of Idaho. The
annual cap for the State of Idaho shall be 36% of ARMIS Net Return, recalculated
each year based upon the prior year's Idaho ARMIS results, subject to any applicable
adjustment permitted pursuant to section 12.2. CenturyLink QC shall submit to the
Commission the calculation of each year's cap no later than 30 days after submission
of ARMIS results to the FCC. CLEC agrees that this amount constitutes a maximum
annual cap that shall apply to the aggregate total of liquidated damages, including
any such damages paid pursuant to this Agreement, any other interconnection
agreement, or any other payments made for the same underlying activity or omission
under any other contract, order or rule or payments made by CenturyLink QC for the
same underlying activity or omission under any other contract, order or rule.
12.2 The 36% annual cap may be increased to 44% or decreased to 30% of
ARMIS Net Return as follows:
12.2.1 An increase in the cap of a maximum of 4 percentage points at anyone time
(Le., first to 40 percent) shall occur upon order by the Commission if the cap has
been exceeded for any consecutive period of 24 months by that same 4 percent or
more, provided that: (a) the Commission has determined that the preponderance of
the evidence shows CenturyLink QC could have remained beneath the cap through
reasonable and prudent effort, and (b) the Commission has made that determination
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
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Exhibit K
after having available to it on the record the results of audits and root cause
analyses, and provided an opportunity for CenturyLink QC to be heard.
12.2.2 A decrease in the cap of a maximum of 4 percentage points at anyone time
shall occur upon order by the Commission after performance for any consecutive
period of 24 months in which total payments are 8 or more percentage points below
the cap amount, provided that: (a) the Commission has determined that the
preponderance of the evidence shows the performance results underlying those
payments results from an adequate CenturyLink QC commitment to meeting its
responsibilities to provide adequate wholesale service and to keeping open its local
markets and (b) the Commission shall have made that determination after providing
all interested parties an opportunity to be heard.
12.2.3 The provisions of 12.2.1 and 12.2.2 shall be in effect for the next 24 month
period commencing with the end of the 24 month period upon which the
Commission's order is based.
12.3 If the annual cap is reached, each CLEC shall, as of the end of the year, be
entitled to receive the same percentage of its total calculated payments. In order to
preserve the operation of the annual cap, the percentage equalization shall take
place as follows:
12.3.1 The amount by which any month's total year-ta-date payment exceeds the
cumulative monthly cap (defined as 1/1ith of the annual cap times the cumulative
number of months to date) shall be calculated. The apportionment resulting of this
calculation shall be known as the "Tracking Account."
12.3.2 The apportionment shall be debited against the monthly payment due to each
CLEC, by applying to the year-to-date payments received by each the percentage
necessary to generate the required total payment amount.
12.3.3 The Tracking Amount shall be apportioned among all CLECs so as to provide
each with payments equal in percentage of its total year to date payment
calculations.
12.3.4 This calculation shall take place in the first month that the year-to-date total
payments are expected to exceed the cumulative monthly cap and for each month of
that year thereafter. CenturyLink QC shall recover any debited amounts by reducing
payments due to any CLEC for that month and any succeeding months, as
necessary.
13.0 Limitations
13.1 The PAP shall not become available in the State unless and until CenturyLink
QC receives effective section 271 authority from the FCC for that State.
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
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13.2 CenturyLink QC wil not be liable for payments to CLEC in an FCC approved
state unti the Commission has approved an interconnection agreement between
CLEC and CenturyLink QC which adopts the provisions of this PAP.
13.3 CenturyLink QC shall not be obligated to make payments for any
measurement if and to the extent that non-conformance for that measurement was
the result of any of the following: 1) with respect to penormance measurements with
a benchmark standard, a Force Majeure event as defined in section 5.7 of the SGAT.
CenturyLink QC wil provide notice of the occurrence of a Force Majeure event within
72 hours of the time CenturyLink QC learns of the event or within a reasonable time
frame that CenturyLinkQC should have learned of it; 2) an act or omission by a
CLEC that is contrary to any of its obligations under its interconnection agreement
with CenturyLink QC or under federal or state law; an act or omission by CLEC that is
in bad faith. Examples of bad faith conduct include, but are not limited to:
unreasonably holding service orders and/or applications, "dumping" orders or
applications in unreasonably large batches, "dumping" orders or applications at or
near the close of a business day, on a Friday evening or prior to a holiday, and failing
to provide timely forecasts to CenturyLink QC for services or facilities when such
forecasts are explicitly required by the SGAT; 3) problems associated with third-part
systems or equipment, which could not have been avoided by CenturyLink QC in the
exercise of reasonable dilgence, provided, however, that this third part exclusion
wil not be raised in the State more than three times within a calendar year. If a
Force Majeure event or other excusing event recognized in this section merely
suspends CenturyLink QC's abilty to timely penorm an activity subject to a
penormance measurement that is an interval measure, the applicable time frame in
which CenturyLink QC's compliance with the parity or benchmark criterion is
measured wil be extended on an hour-for-hour or day-for-day basis, as applicable,
equal to the duration of the excusing event.
13.3.1 CenturyLink QC wil not be excused from payments for any reason except as
described in Section 13.0. CenturyLink QC wil have the burden of demonstrating
that its non-conformance with the penormance measurement was excused on one of
the grounds described in this PAP. A part may petition the Commission to require
CenturyLink QC to deposit disputed payments into an escrow account when the
requesting part can show cause, such as grounds provided in the Uniform
Commercial Code for cases of commercial uncertinty.
13.3.2 Notwithstanding any other provision of section 13 of this QPAP, CenturyLink
QC shall not be excused for failing to provide such penormance that CenturyLink QC
could reasonably have been expected to deliver assuming that it had designed,
implemented, staffed, provisioned, and otherwise provided for resources reasonably
required to meet foreseeable volumes and patterns of demands upon its resources
by CLECs.
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
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Exhibit K
13.4 CenturyLink QC's agreement to implement these enforcement terms, and
specifically its agreement to pay any "liquidated damages" or "assessments"
hereunder, will not be considered as an admission against interest or an admission of
liability in any legal, regulatory, or other proceeding relating in whole or in part to the
same performance.
13.4.1 CLEC may not use: 1) the existence of this enforcement plan; or 2)
CenturyLink QC's payment of "liquidated damages" as evidence that CenturyLink QC
has discriminated in the provision of any facilties or services under Sections 251 or
252, or has violated any state or federal law or regulation. CenturyLink QC's conduct
underlying its performance measures, however are not made inadmissible by its
terms.
13.4.2 By accepting this performance remedy plan, CLEC agrees that CenturyLink
QC's performance with respect to this remedy plan may not be used as an admission
of liability or culpability for a violation of any state or federal law or regulation.
(Nothing herein is intended to preclude CenturyLink QC from introducing evidence of
any "liquidated damages" under these provisions for the purpose of offsetting the
payment against any other damages or payments a CLEC might recover.) The terms
of this paragraph do not apply to any proceeding before the Commission or the FCC
to determine whether CenturyLink QC has met or continues to meet the requirements
of section 271 of the Act.
13.5 By incorporating these liquidated damages terms into the PAP, CenturyLink
QC and CLEC accepting this PAP agree that proof of damages from any non-
conforming performance measurement would be difficult to ascertain and, therefore,
liquidated damages are a reasonable approximation of any contractual damages that
may result from a non-conforming performance measurement. CenturyLink QC and
CLEC further agree that payments made pursuant to this PAP are not intended to be
a penalty. The application of the assessments and damages provided for herein is
not intended to foreclose other non-contractual legal and non-contractual regulatory
claims and remedies that may be available to a CLEC.
13.6 This PAP contains a comprehensive set of performance measurements,
statistical methodologies, and payment mechanisms that are designed to function
together, and only together, as an integrated whole. To elect the PAP, CLEC must
adopt the PAP in its entirety, in its interconnection agreement with CenturyLink QC.
By electing remedies under the PAP, CLEC waives any causes of action based on a
contractual theory of liability, and any right of recovery under any other theory of
liability (including but not limited to a state utility regulatory commission or Federal
Communications Commission rule or order) to the extent such recovery is related to
harm compensable under a contractual theory of liability (even though it is sought
through a non-contractual claim, theory, or cause of action).
13.7 If for any reason a CLEC agreeing to this QPAP is awarded compensation for
the same harm for which it received payment under the QPAP, the court or other
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
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adjudicatory body hearing such a claim may offset the damages resulting from such
claim against payments made for the same harm.
13.8 (BLANK)
13.9 Whenever a CenturyLink QC payment to an individual CLEC exceeds $3
millon in a month, CenturyLink QC may commence a proceeding to demonstrate
why it should not be required to pay any amount in excess of the $3 millon. Upon
timely commencement of the proceeding, CenturyLink QC must pay the balance of
payments owed in excess of $3 millon into escrow, to be held by a third-part
pending the outcome of the proceeding. To invoke these escrow provisions,
CenturyLink QC must file, not later than the due date of the payments, its application.
CenturyLink QC will have the burden of proof to demonstrate why, under the
circumstances, it would be unjust to require it to make the payments in excess of $3
millon. If CenturyLink QC reports non-conforming performance to CLEC for three
consecutive months on 20% or more of the measurements reported to CLEC and has
incurred no more than $1 milion in liability to CLEC, then CLEC may commence a
similar proceeding. In any such proceeding CLEC wil have the burden of proof to
demonstrate why, under the circumstances, justice requires CenturyLink QC to make
payments in excess of the amount calculated pursuant to the terms of the PAP. The
disputes identified in this section shall be resolved in a manner specified in the
Dispute Resolution section of the SGAT with the CLEC..14.0 Reporting
14.1 Upon receiving effective section 271 authority from the FCC for a state,
CenturyLink QC wil provide CLEC that has an approved interconnection agreement
with CenturyLink QC, a monthly report of CenturyLink QC's performance for the
measurements identified in the PAP by the last day of the month following the month
for which performance results are being reported. However, CenturyLink .QC shall
have a grace period of five business days, so that CenturyLink QC shall not be
deemed out of compliance with its reporting obligations before the expiration of the
five business day grace period. CenturyLink QC wil collect, analyze, and report
performance data for the measurements listed on Attachment 1 in accordance with
the most recent version of the PIDs. Upon CLEC's request, data files of the CLEC's
raw data, or any subset thereof, wil be transmitted, without charge, to CLEC in a
mutually acceptable format, protocol, and transmission medium.
14.2 CenturyLink QC will also provide the Commission a monthly report of
aggregate CLEC performance results pursuant to the PAP by the last day of the
month following the month for which performance results are being reported.
However, CenturyLink QC shall have a grace period of five business days, so that
CenturyLink QC shall not be deemed out of compliance with its reporting obligations
before the expiration of the five business day grace period. Individual CLEC reports
of participating CLECs wil also be available to the Commission upon request. By
accepting this PAP, CLEC consents to CenturyLink QC providing CLEC's report and
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
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raw data to the State Commission. Pursuant to the terms of an order of the
Commission, CenturyLink QC may provide CLEC-specific data that relates to the
PAP, provided that CenturyLink QC shall first initiate any procedures necessary to
protect the confidentiality and to prevent the public release of the information pending
any applicable Commission procedures and further provided that CenturyLink QC
provides such notice as the Commission directs to the CLEC involved, in order to
allow it to prosecute such procedures to their completion. Data files of participating
CLEC raw data, or any subset thereof, wil be transmitted, without charge, to the
Commission in a mutually acceptable format, protocol, and transmission form.
14.3 In the event CenturyLink QC does not provide CLEC and the Commission
with a monthly report by the last day of the month following the month for which
performance results are being reported, CenturyLink QC will pay to the State a total
of $500 for each business day for which performance reports are 6 to 10 business
days past the due date; $1,000 for each business day for which performance reports
are 11 to 15 business days past the due date; and $2,000 for each. business day for
which performance results are more than 15 business days past the due date. If
reports are on time but are missing performance results, CenturyLink QC wil pay to
the State a total of one-fifth of the late report amount for each missing performance
measurement, subject to a cap of the full late report amount. These amounts
represent the total payments for omitting performance measurements or missing any
report deadlines, rather than a payment per report. Prior to the date of a payment for
late reports, CenturyLink QC may file a request for a waiver of the payment, which
states the reasons for the waiver. The Commission may grant the waiver, deny the
waiver, or provide any other relief that may be appropriate.
14.4 To the extent that CenturyLink QC recalculates payments made under this
PAP, such recalculation shall be limited to the preceding three years (measured from
the later of the provision of a monthly credit statement or payment due date).
CenturyLink QC shall retain suffcient records to demonstrate fully the basis for its
calculations for long enough to meet this potential recalculation obligation. CLEC
verification or recalculation efforts should be made reasonably contemporaneously
with CenturyLink QC measurements. In any event, CenturyLink QC shall maintain
the records in a readily useable format for one year. For the remaining two years, the
records may be retained in archived format. Any payment adjustments shall be
subject to the interest rate provisions of section 11.1.
15.0 Integrated Audit Program/Investigations of Penormance Results
15.1 Audits of the PAP shall be conducted in a two-year cycle under the auspices
of the participating Commissions in accordance with a detailed audit plan developed
by an independent auditor retained for a two-year period. The participating
Commissions shall select the independent auditor with input from CenturyLink QC
and CLECs.
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
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15.1.1 The participating Commissions shall form an oversight committee of
Commissioners who will choose the independent auditor and approve the audit plan.
Any disputes as to the choice of auditor or the scope of the audit shall be resolved
through a vote of the chairs of the participating commissions pursuant to Section
15.1.4.
15.1.2 The audit plan shall be conducted over two years. The audit plan wil identify
the specific performance measurements to be audited, the specific tests to be
conducted, and the entity to conduct them. The audit plan wil give priority to auditing
the higher risk areas identified in the ass report. The two-year cycle will examine
risks likely to exist across that period and the past history of testing, in order to
determine what combination of high and more moderate areas of risk should be
examined during the two-year cycle. The first year of a two-year cycle wil
concentrate on areas most likely to require follow-up in the second year.
15.1.3 The audit plan shall be coordinated with other audit plans that may be
conducted by other state commissions so as to avoid duplication, shall not impede
CenturyLink QC's ability to comply with the other provisions of the PAP and should
be of a nature and scope that can be conducted in accordance with the reasonable
course of CenturyLink QC's business operations..15.1.4 Any dispute arising out of the audit plan, the conduct of the audit, or audit
results shall be resolved by the oversight committee of Commissioners. Decisions of
the oversight committee of Commissioners may be appealed to a committee of the
chairs of the participating Commissions.
15.2 CenturyLink QC may make management processes more accurate or more
effcient to perform without sacrificing accuracy. These changes are at CenturyLink
QC's discretion but wil be reported to the independent auditor in quarterly meetings
in which the auditor may ask questions about changes made in the CenturyLink QC
measurement regimen. The meetings, which wil be limited to CenturyLink QC and
the independent auditor, wil permit an independent assessment of the materiality
and propriety of any CenturyLink QC changes, including, where necessary, testing of
the change details by the independent auditor. The information gathered by the
independent auditor may be the basis for reports by the independent auditor to the
participating Commissions and, where the Commissions deem it appropriate, to other
participants.
15.3 In the event of a disagreement between CenturyLink QC and CLEC as to any
issue regarding the accuracy or integrity of data collected, generated, and reported
pursuant to the PAP, CenturyLink QC and the CLEC shall first consult with one
another and attempt in good faith to resolve the issue. If an issue is not resolved
within 45 days after a request for consultation, CLEC and CenturyLink QC may, upon
a demonstration of good cause, (e.g., evidence of material errors or discrepancies)
request an independent audit to be conducted, at the initiating part's expense. The
independent auditor wil assess the need for an audit based upon whether there
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
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exists a material deficiency in the data or whether there exists an issue not otherwise
addressed by the audit plan for the current cycle. The dispute resolution provision of
section 18.0 is available to any part questioning the independent auditor's decision
to conduct or not conduct a CLEC requested audit and the audit findings, should
such an audit be conducted. An audit may not proceed until dispute resolution is
completed. Audit findings wil include: (a) general applicability of findings and
conclusions (Le., relevance to CLECs or jurisdictions other than the ones causing test
initiation), (b) magnitude of any payment adjustments required and, (c) whether cost
responsibility should be shifted based upon the materiality and clarity of any
CenturyLink QC non-conformance with measurement requirements (no pre-
determined variance is appropriate, but should be based on the auditor's professional
judgment). CLEC may not request an audit of data more than three years from the
later of the provision of a monthly credit statement or payment due date.
15.4 Expenses for the audit of the PAP and any other related expenses, except
that which may be assigned. under section 15.3, shall be paid first from any residual
Tier 2 funds remaining in the Special Fund. For Idaho, the remainder of the audit
expenses wil be paid by CenturyLink QC.
16.0 Reviews
16. 1 Every six (6) months, beginning six months after the effective date of section
271 approval by the FCC for the state of Idaho, CenturyLink QC, CLECs, or the
Idaho Public Utilties Commission may initiate a review of the performance
measurements to determine whether measurements should be added, deleted, or
modified; whether the applicable benchmark standards should be modified or
replaced by parity standards; and whether to move a classification of a measurement
to High, Medium, or Low, Tier. The cnterion for reclassification of a measurement
shall be whether the actual volume of data points was less or greater than
anticipated. Criteria for review of performance measurements, other than for
possible reclassification, shall be whether there exists an omission or failure to
capture intended performance, and whether there is duplication of another
measurement. Any disputes regarding adding, deleting, or modifying performance
measurements shall be resolved pursuant to a proceeding before the Commission
and subject to judicial review. No new performance measurements shall be added to
this PAP that have not been subject to observation as diagnostic measurements for a
period of 6 months. Any changes made at the six-month review pursuant to this
section shall apply to and modify this agreement between CenturyLink QC and
CLEC, subject to a stay, modification or reversal upon appeal or judicial review.
16.1.1 Notwithstanding section 16.1, if any agreements on adding, modifying or
deleting performance measurements as permitted by section 16.1 are reached
between CenturyLink QC and CLECs participating in an industry Regional Oversight
Committee (ROC) PID administration forum, those agreements shall be incorporated
into the QPAP and modify the agreement between CLEC and CenturyLink QC at any
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
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time those agreements are submitted to the Commission, whether before or after a
six-month review.
16.1.2 For the first twelve months that any changes made pursuant to paragraphs
16.1 or 16.1.1 are in effect, CenturyLink ac's liability for such changes shall be
limited to 10% of the monthly payments that CenturyLink ac would have made
absent the effect of such changes as a whole. This provision shall be referred as
"the 10% payment collar." Such payment limitation shall be accomplished by
factoring the payments resulting from the changes to ensure that such payments
remain within 10% of the payments CenturyLink ac would have made absent such
changes.
.
16.1.3 In the event that the Commission adds, modifies, or reclassifies a
performance measurement that has not been agreed upon in the ROC PIO
administration forum process in 16.1.1, the 10% payment collar shall remain in effect
unless removed by the Commission pursuant to this section. If, after a minimum of 6
months of payments to a CLEC, CenturyLink ac's payments have been limited by
the 10% payment collar to 80% or less of what the total payments would have been
absent the collar for the preceding 6-month period, the Commission may, upon
motion by an affected CLEC, conduct a record proceeding to determine whether the
10% payment collar should be removed from any such performance measure. The
Commission can prospectively remove the 10% collar for payments to affected
CLEC(s) for any such performance measure upon a demonstration through a record
proceeding and a Commission determination that the total payments to the CLEC(s)
under the aPAP were inadequate to compensate CLEC(s) for actual harm incurred
during the same period and upon a determination that such change is otherwise
necessary and appropriate and in the public interest.
16.1.4 Notwithstanding section 16.1, any part may submit a root cause analysis to
the Commission requesting removal of a PIO or sub-measure from the PAP or
requesting exemption of a PIO or sub-measure from the application of the trigger
mechanism for reinstatement or subsequent removaL. In the analysis and
recommendations concerning the root cause analysis, the Commission is to consider,
at a minimum, whether the root cause analysis provides evidence of no harm, the
same harm as covered by other PIO measures, non-CenturyLink ac related causes,
or other factors which directly relate to the harm or circumstances specific to the PIO
or sub-measure being analyzed.
16.2 Two years after the effective date of the first FCC 271 approval of the PAP,
the participating Commissions may conduct a joint review by a independent third
part to examine the continuing effectiveness of the PAP as a means of inducing
compliant performance. This review shall not be used to open the PAP generally to
amendment, but would serve to assist Commissions in determining existing
conditions and reporting to the FCC on the continuing adequacy of the PAP to serve
its intended functions. The expense of the reviews shall be paid from the Special
Fund.
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
2010.- 20-
OocuSign Envelope 10: 0948B067 -OEOB-46F2-A053-AAF64 7457DBE
Exhibit K
16.3 CenturyLink QC wil make the PAP available for CLEC interconnection
agreements until such time as CenturyLink QC eliminates its Section 272 affliate. At
that time, the Commission and CenturyLink QC shall review the appropriateness of
the PAP and whether its continuation is necessary. However, in the event
CenturyLink QC exits the interLATA market, that State PAP shall be rescinded
immediately.
17.0 Voluntary Penormance Assurance Plan
This PAP represents CenturyLink QC's voluntary offer to provide performance
assurance. Nothing in the PAP or in any conclusion of non-conformance of
CenturyLink QC's service performance with the standards defined in the PAP shall
be construed to be, of itself, non-conformance with the Act.
18.0 Dispute Resolution
For the purpose of resolving disputes over the meaning of the provisions of the PAP
and how they should be applied, the dispute resolution provisions of the SGAT,
section 5.18, shall apply whether the CLEC uses the SGAT in its entirety or elects to
make the PAP part of its interconnection agreements (Le., the unique dispute
resolution provisions of interconnection agreements should not apply).
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17,
2010
- 21-
OocuSign Envelope 10: 0948B067-DEOB-46F2-A053-AAF6474570BE
.
Exhibit K
Performance Measurement
Attachment 1: Performance Measurements Subject to Per Occurrence Payment
PO-3a, XPO-5 X
PO-6' X
PO-7' XPO-8 XPO-9 X
(Expanded) - Manual Service Order PO-20Accurac
X
ORDERING AND PROVISIONING
Installation Commitments Met
Installation Intervals
New Service Quality
.Unbundled
OP-39
OP-4C,9
OP-
5a9,bd,9
OP_68,g
OP-8
OP-13a
X
X
X
X
X
X
XOP-17
MAINTENANCE AND REPAIR
Out of Service Cleared within 24 hours
All Troubles Cleared within 4 hours
Mean time to Restore
Cleared within
MR-39
MR-59
MR-
6a9,b9,c9,
d!,e!
MR-79
MR-89
MR-11
X
X
X
X
X
X
81-1 X81-3 X81-4 X
NEnNORK PERFORMANCE
Trunk 810ckin
NXX Code Activation
X
X
NI-1
NP-1
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17, 2010
- 22-.
OocuSign Envelope 10: 0948B067-DEOB-46F2-AOS3-AAF6474S70BE
Exhibit K
a. PO-3 is limited to PO-3a-1, PO-3x, and PO-3c.
b. PO-6 is included with PO-7 as a "family:" Measurements within the family share a single payment
opportunity with only the measurements with the highest payment being paid.
c. OP-4 is included with OP-6 as five "familes:" OP-4a/OP-6-1, OP-4b/OP-6-2, OP-4c10P-6-3, OP-4d/OP-
6-4, and OP-4e/OP-6-S. Measurements within each family share a single payment opportunity with only the
measurement with the highest payment being paid.
d. Section 3.1.2 applies to OP-Sb only if the number of orders with trouble in OP-Sa is no more than one.
e. For purposes of the PAP, OP-6a and OP-6b wil be combined and treated as one. The combined OP-6
breaks down to OP-6-1 (within MSA), OP-6-2 (outside MSA), OP-6-3 (no dispatch), OP-6-4 (zone 1), and
OP-6-S (zone 2).
f. Applicable only to xOSL-1 capable loops.
g. Excludes the following product disaggregations as applicable to this PIO: Resale Centrex, Resale
Centrex 21, Resale OSO (non-designed), Resale DSO (designed), Resale OSO, E911/911 Trunks, Resale
Frame Relay, Resale Basic ISDN (non-designed), Resale Basic ISDN (designed), Resale Basic ISDN,
Resale Pnmary ISDN (non-designed), Resale Pnmary ISDN (designed), Resale Pnmary ISDN, Resale PBX
(non-designed), Resale PBX (designed), Resale PBX, Sub-Loop Unbundling, UNE-P (POTS), UNE-P
(Centrex), and UNE-P (Centrex 21).
h. Stabilzation Penod: For each of these new measures/sub-measures that include XML results there will
be a 3-month measurement stabilzation penod. Dunng this penod, no payment applies if the payment is
determined to have been caused by the development to include XML into the PIO results and not due to an
actual performance miss. In order to determine the cause of payments during the stabilzation period, if any
payments are identified, the payment's due date wil be extended for 30 days to provide CenturyLink QC the
opportunity to perform root cause analysis and make the results readily available to the impacted parties.
Unti performance reporting includes XML results, the prior measures/sub-measures included in the PAP wil
apply. Further, should either the IMA-GUI or IMA-XML interfaces be replaced in the future, results from the
replacement interfaces wil be automatically incorporated into these measures and be included in the PAP
(with a stabilzation period) coincident with CLEC migration to the new interfaces subject to changes to the
impacted measures including but not limited to modification due to operational differences with the
replacement interfaces.
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17, 2010
- 23-
DocuSign Envelope 10: 0948B067-0EOB-46F2-A053-AAF6474570BE
.
Exhibit K
Attchment 2: Performance Measurements Subject to Per Measurement Caps
Biling
.
Time to Provide Recorded Usage Records - BI-1
Billing Accuracy - Adjustments for Errors - BI-3
Billing Completeness - BI-4
CenturyLink QC Idaho SGAT Third Revised, Seventh Amended Exhibit K, December 17, 2010
- 24-.