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Home My WebLink About20140122CLSP Agreement Extension Amendment.pdfCENTURYLINK 1600 7th Avenue, Room 1506 Seattle, Washinglon 98191 (206) 73&5178 Facsimile (206) 343-4040 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 TrrY Centurylink'li 'r I '. i i ?.-:nr r. -J Via Overnight delivery &wa1-lj-o I Re: CenturyLink Local Services Platform ("CLSP") Agreement Extension Amendments Dear Ms. Jewell: Pursuant to my telephone conversation with your offrce 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. Maura E. Pete MEP/jga Enclosure EXTENSION AMENDMENT TO CENTURYLINKTM LOCAL SERVICES PLATFORM ("CLSP'U"1 AGREEMENT This amendment ('Amendment'), by and between @nest Corporation dba CenturyLink QC ("CenturyLink"), .a Colorado corporation, and MGImetro Access Transmission Services LLb ("CLEC"), amends ihe CenturyLinkru Local Services Platform ('CLSe'u1 Agreement (formerly known as'Qwest Local Services PlatformrM ("alSeru1 Agreement') between the Parties. WHEREAS, the Parties entered into a Qwest Local Services Platform ('QLSet,l Agreement (now referred to as a CenturyLinkil Local Services Platform ('C|-SR -1 Ag reement), (the'Ag reemenf'); 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-ceipi and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms Section ? of the Aareement will be replaced in iE entiretv as follows: 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Section 3 of the Aqreementwill be reolaced in its entiretv as follows: 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-lo-month basis until it is terminated by either Party, with at least ninety (90) Days prior written notice, pursuant to Section 22 of the Agreement, or replaced by a successor agreement. Attachment 2 - Seruice Descriotion - of the Aqreement 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 available under this Agreement, upon thirty (30) Days prior written notice to CLEC, CenturyLink will also cease offering the service to CLEC. Notwithstanding the foregoing, beniuryLink will not effect 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 notificatbn, provided that, the foregoing is subject to CLEC's reasonable diligence in effecling such compliance. . Section 3.2.4 of Attachment 2 is replaced with the following: 3.2.4 115o/oYOY Volume Growth Plan: lf the number of CLEC's total CLSP lines as of October 31 of each year equals or exceeds 110o/o ot the sum of CLEC's totalCLSP lines as of October3l of the preceding year, and the YOY line increase is equal to or greater than one thousand (1,OOO) CLSP lines, CLEC will qualify for a 30% 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 iG 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. 2. Effective Date. This Amendment shall be deemed effective on January 1,2014. Decemberl0, 2013/kjc/CLSP 20'14 Extension Amendment to CLSPn AgreemenUMClmetro Access AZ-CDS-101021-0086; CO-CDS-101021-0087; lA-CDS-101021-0088; lD-CDS-101021-0089; MN-CDS-101021-0090 MT-CDS-I01021-0091;ND-CDS-101021-0092;NE-CDS-101021-0093;NM-CDS-101021-0094i OR-CDS-10'1021-0095; SD-CDS-I01021-0096; UT-CDS-1 01 021-0097; WA-CDS-101021-0098; WY-CDS-1 01 021-0099 Page 1 ol 2 CenturyLlnkil Local Seruices Platform (CLSPil) Rate Page - r{-CO,IA, lD, MT, ND, NE, NM, OR, SD, UT, WA UfY January l, 2014 through Term CenturyLinkil Local Sewlces Platform (GLSPil) Rate Page - Minnesota January 1,2011 through Term t09.fi.2 ,ortt, It mX YOY Volume Retcntlon Plrn Reoulrsnentl Are llet 109.112.1 )s Porl r{/, t@.11.2.2 \naloe Port, Resuerthl end user crEdfl .AWUR N,, 109.11.2.3 =frecuvg cLSPil Resklen$al Analog Port N/I ros.1 1.2.4 )istal Po.t (Supportlm BRI ISDN)il/r r00.11.2.5 JBX DIO PO't N,, 1o9.23.2 nrtallatlon Nonrocunlno charoer rG1.23.2.1 ;LSPil Bualne!!, Centrlr. PAL, rnd PBX Anrloo non-DlD Trunk!. Relldentlrl w,25.2.1.1 {HCRA DocuSign Envelope lD: 4FBCEC64-268 1 -4768-BBDB-1 94C439SCA97 EXTENSION AMENDMENTTO CENTURYLINKTM LOCAL SERVTCES PLATFORM ("CLSp'u"; 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 of this Amendment, inciuding the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures trom 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 covenant hereunder, whether intentional or not, will be deemed io extend to iny 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 originai, but all of which shall constitute one and the same instrument. Qwest Gorporation: i-0sE9 FCB8BD67a54... -]I / ra*^a,-."^ | BY: torcusi-nrn ar I I ctrist nrrnJ Name: L. T. Christensen Title: Director - Wholesale Coniracts Tile: vp Marketing & Business Development Date: Lt/L/20L3 Date: 10/3L/20L3 Qqto!912S, 2013/kjc/New Horizons/ClSP 2O14 Extension Amendment to CLSPTM AgreementCO-CDS 130423-0001; !D-CDS-130423-OOO2; MN-CDS-130423-0003; MT-CDS-130423-0004; NE-CDS-'l 30423-0005; NM-CDS-130423-0006; oR-cDS-1 30423-0007: wy-cDs-1 30423-0009 Page 2 ot 2