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HomeMy WebLinkAbout20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7lh Avenue, Room 1506 Seattle, Washington 98191 (206) 733.5178 Facsimile (206) 34$4040 Maura E. Peterson Paralegal Regulatory Law January 17,2014 Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 sITd i:it TrrY Centurylink'r- ! r.! ^ Yia Overnight delivery &wE-T- ta-o3 Re: CenturyLink Local Services Platform (ftCLSP") 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 have any questions concerning the enclosed. Thank you. Sincerely, Maura E. Pet MEP/jga Enclosure EXTENSION AMENDMENT TO CENTURYLINKTIi LOCAL SERVICES PLATFORM ("CLSPTU"1 AGREEMENT This amendment ("Amendment'), by and between Grest Corporation dba CenturyLink QG ("CenturyLlnk"), .a Colorado corporation, and MCtmetro Access Transmission Services LLb ("CLEC"), amends the CenturyLinkil Local Services Platform ('CLSPrul Agreement (formerly known as'Qwest Local Services PlatformrM ("QtSe*'; Agreement') between the Parties. WHEREAS, the Parties entered into a Qwest Local Services Platform ("QlSe*l Agreement (now referred to as a CenturyLinkil Local Services Platform ('CLSe'u1 Agreement), (the'Agreemenf') ; 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 receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section 2 of the Aqreement will be replaced in iE entirelv as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aqreement will be reolaced in its entiretv as foltows: 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-[o-month basis until it is terminated by either Party, with at least ninety (90) Days prior written notice, pursuant to Section 22 of lhe Agreement, or replaced by a successor agreement. Attachment 2 - Seruice Description - of the Aoreement ls 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 availabb under this Agreement, upon thirty (30) Days prior written notice to CLEC, CenturyLink will also cease offering the service to CLEC. Notwithstanding the foregoing, benluryLink will not effect a discontinuation of any service pursuant to this Section 1.6.7 in such manner thai CLEC may-not reaionably comply with Applicable Law conceming End User Customer discontinuation of service, disconnection and notificatbn, provided that, ihe 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 115o/o YOY Volume Growth Plan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or exceeds 11oo/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 (1,000) CLSP lines, CLEC will qualiff for a 30olo discount off the Business Port MRCs and a 6% discount off the Residential Port MRCs applicable during the next calendar year. 3. 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. 4. 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, 20131kjc/CLSP 2014 Extension Amendment to CLSPTM AgreemenUMClmetro Access Az-CDS-101021-0086; CO-CDS-101021-OO87t lA-CDS-101021-0088; lD-CDS-101021-0089; MN-CDS-101021-0090 MT-CDS-101021-0091;ND-CDS-'lO'1021-0092;NE-CDS-101021{093;NM-CDS-I01021-0094; OR-CDS-101021'0095; SD-CDS-I01021-0096; UT-CDS-101021-0097;WA-CDS-101021-0098;WY-CDS-101021-0099 Page 1 of2 CenturyLinkil Local Servlces Platform (CLSPil) Rate Page - AZ, CO, lA" lD, MT, ND, NE, Nit, OR, SD, UT, WA, WY January 1,2011 through Term CenturyLlnkn Local Seruices Platform (CLSPil) Rate Page - Minnesota January 1,2014 through Term r09,112 ,orE, lf 80X YOY Volume Ret.ntlon Plan Requlrementr Are lr€t 109.1 1.2.r nalog Port t{/, tost.11.2_2 \naloo Port, R6H6ntkrl6rd t6er crEdl .AWUR N/' 109.11.2.3 :fedive CLSPfl Resid€ntial Analog Port N/' l0S.l'1.2./t )lsital Port (Supportim BRI ISDN)N/' 109.1 1.2.5 ,BX DID POd N/' r09.23.2 nltlllatbn tonfecurrlrlg chrrge! t09.23.2.1 ;LSPil Brlnet3. Cantrer, PAL rnd PBX Anrloo non.DlD Trunk. Rosldentlal 109.8.2.1.1 I Ffst Line (l\recharlz6d)!HCRA $25.0( DocuSign Envelope ID: 060C2D7D{39F-494A-BOE0-CO29O1 126091 EXTENSION AMENDMENT TO CENTURYLINKTM LOCAL SERVTCES PLATFORM (,,CLSp'n"1 AGREEMENT 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 oi this Amendment, inciuding the provisiois of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures tronitne piovisions of this Amendment may not be given without the written @nsent thereto by both of the Parties hereto. No waiver by any Party of any default, misrepreslntation, or breach of warranty orcovenant hereunder, whether intentional or not, will be deemed io extend to iny prior or subsequent default, misrepresentation, or breach of wananty 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, writt6n or oral, to the extent they relaie 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 setforth below, in multiple counterparts, each of which is deemed an originai, but all of which shall constitute one and the same instrument. kss lrtah.By:By: Name: L. T. Christensen Name: Title:Title: Director - Wholesale Contracts Date: t2/L6/2013 presi dent Date:L2/L6/20L3 October 25, 2013/kjc/CLSP 2014 Extension Amendment to CLSPTM Agreement, 9pectroteuAz-cDs- 120229-0015; co-cDS- 't20229_0016; |A_CDS- iZOZZg_OOlt: !9:C-1S:'t20229-0o18; MN-CDS- 120229-0019; MT-CDS- 120229-0020; ND-CDS- 120229-0021; l!E'gD!-'t2022*0022; NM-CDS- 12022e-0023; oR-cDs- 120229-0024;sD-cDS- 120229-0025; UT-CDS- 120229-0026; WA-CDS- 120229_OO2t ;WY_CDS_ 120229_OO2g Page 2 ot 2