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HomeMy WebLinkAbout20220801Qwest Amendment with DishNET-UNE Resale.pdfLUMEN' :.' :: !' '' , -- i=r: r;-i. -ll :-"L, Fi1 12: 0l August 1,2022 , -..'.arn t!-,: iil i} i{-r ll Yia Email Submission s e creta4@1t u e i da h o. g ov Ms. Jan Noriyuki, Secretary Idaho Public Utilities Commission 11331 W. ChindenBlvd., Bldg. 8, Ste.201-A Boise,ID 83714 Re:Case No.: Application for Approval of Amendment to Interconnection Agreement Dear Ms. Noriyuki: Auached for filing are an Application for Approval of Amendment to Interconnection Agreement along with the Unbundled Network Elements (UNEs) - Resale Forbearance Amendment to the lnterconnection Agreement betwee,n Qwest Corporation dba Centr.rryLink QC('Centurylink") and dish}.lET Wireline L.L.C. for the State of ldaho. CenturyLink respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please feel free to contact me with any questions regarding this submission. Thank you for your assistance in this matter. Sincerely, osle Legal Assistant Attachments cc: Service List 1600 Tt Avenue, Floor 15 Seaftle, Washington 98191 206-806-7339 Josie.addi ngton@lumen.com William E. Hendricks, III (WSB A#297 86) Lumen 902 Wasco Street Hood River, OR 97031 s4t-387-9439 Tre.hendricks@lumen. com Appt tclrroN oF Qwnsr ConponauoN DBA CpNrunvl,rxx QC FonAprnovAl oF AN ArrrBxorrcNT To INtnncoxxECTIoN AcnnuvrBxr wITH DISHNET Wmrr,uvr L.L.C. Punsurxr ro47 U.S.C. $252(e) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO.: APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby files this Application for Approval of Amendment to the Interconnection Agreement. The Interconnection Agreement was approved by the Idaho Public Utilities Commission on October 20,2010 under Order No. 32097 (the "Agreement"). The Unbundled Network Elements (UNEs) - Resale Forbearance Amendment ("Amendmenf') between CenturyLink and distNET Wireline L.L.C. ("dishNET Wireline") 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 Commission may reject an amendment reached through voluntary negotiations only if the Commission finds that the amendment (or portion(s) thereof) discriminates against a telecommunications carrier not a party to this AppI-rc,qrroN noR AppRovnL or AUBNoUENT To IrqrsncoulscrloN AGREEMENT [ntssNETWrnrlnw L.l.C.] - Page I agreement; or the implementation of such an amendment (or ponion) 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 Commission approve this Amendment expeditiously. This Amendment is consistent with the public interest as identified in the pro-competitive policies of the State of Idaho, the Commission, the United States Congress, and the Federal Communications Commission. Expeditious approval of this Amendment will enable dishNET Wireline to interconnect with CenturyLink facilities and to provide customers with increased choices among local telecommunications services. CenturyLink further requests that the Commission approve this Amendment without a hearing. Because this Amendment was reached through voluntary negotiations, it does not raise issues requiring a hearing and does not concern other parties not a party to the negotiations. Expeditious approval would further the public interest. Respectfully submitted this 1't day of August,2022. CENTI'RYLINK William E. Hendricks, III Attorney for Qwest Corporation dba Centurylink QC AppllcRrroN roR Appnovet- oF AMENDMENT ro INrsncoNNECTroN AcnrsupNr [DNHNET WRELII.{E L.L.C.] - Page 2 CERTIFICATE OF SERVICE I hereby certi$/ that on this ls day of August,2022,I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: JanNoriyuki, Secretary Idaho Public Utilities Commission Brian Mclntyre, Vice President distNET Wireline L.L.C. Via Email: secretarv@puc. idaho. gov Via Email: Brian.mcintvre@ dish. com a*/,44/k losie.(ddinlgton V ApplrcarroN ron Appnovalor AurNourNT To INTERCoNNECTIoN AcnssMENr [orstrNET WnTLINE L.L.C.] - Page 3 Unbundled Network Elements (UNEs) - Resale Forbearance Amendment to the lnterconnectlon Agreement between Qwest Corporation dba CenturyLink QC and dishNETWreline L.L.C. for the State of ldaho This is an Amendment (?mendment') to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and dishNET Wireline L.L.C. (CLEC'). CenturyLink and CLEC shall be known jointly as the'Parties". RECITALS WHEREAS, the Parties entered into an lnterconnection Agreement ("Agreement') for service in the state of ldaho which was approved by the Commission on November 18, 2010; and WHEREAS, on July 12, 2019, the Federal Communications Commission (the, "FCC' or 'Commission') released Order FCC 19-66, a Report and Order on Remand and Memorandum Opinion and Order in WC Docket Nos. 18-141, et al (the'UNE Transport Order"), wtrich became effective upon release; and WHEREAS, on August 2, 2019, the FCC released Order FCC 19-72, a Memorandum Opinion and Order in WC Docket 18-141 (the 'UNE Analog Loop and Resale Forbearance Order'), which became effective upon release (together, with the UNE Transport Order, collectively referred to as the'Forbearance Orders"); and WHEREAS, the Parties agree that the Forbearance Orders are changes in Applicable Law that, pursuant to the terms of the Agreement, must be incorporated through and amendment to the Agreement; and WHEREAS, in order to implement the terms of the Forbearance Orders and consistent with the terms of the Agreement regarding changes in Applicable Law, the Parties desire to amend the Agreement further 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 terms and conditions for Unbundled Network Elements (UNEs) and Resale as set forth in attachments and Exhibit A to this Amendment, attached hereto and incorporated herein by this reference. Any capitalized terms not defined specifically in this Amendment are as defined in the Agreement. Effective Date This Amendment shall be deemed effective upon approval by the Commission, or by being permitted to go into effect by operation of law; however, the Parties may agree to implement the provisions of this Amendment upon execution. To accommodate this need, CLEC must December 17,2921lnaplUNE-Resale Forbearance Amd/Negotiated/dishNET Wireline/lD 1 Q Amendment to CDS-1 0072&0006 (v.01.22.2020-2) generate, if necessary, an updated Customer Questionnaire. The Parties agree that so Iong as CenturyLink implements the billing changes and the true-up as set forth below, the CLEC's bills shall be deemed accurate and adjusted without error. Further Amendments Except as modified herein, the provisions of the Agreement shall remain in fullforce 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 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 wananty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occunence. Entire Aoreement 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. dishNET Wlrellne L.L.C.Qwest Corporatlon dba CenturyLlnk QC MBrian Mclntyre (Jan 4, 2022 tl:05 USf ,(tUbedq,z ?bnirk Kimberly J. Povir)(Jan,l, 2022 l6:12 CST) Signature Brian Mclnture Signature Kimbedv J. Povirk Name Printedffyped Vice President Name Printed/Typed Sr. Dir. Bus. Oos Ie Sales Title Jan4,2022 Title Jan4,2022 Date Date December'17, 2021 I napl U N E-Resale Forbearance Amd/Negotiated/dish N ET Wirel i nefl D Q Amendment to CD$l 0072S0006 (v.01.22.2020-2) 2 AfiACHMENT 1 ATTACHMENT I 1. Resale Provlsions - Pursuant to the Forbearance Orders, CLEC's ability to order new services and retain existing services from CenturyLink for resale pursuant to Sections 6, including Directory Listings and Directory Assistance that pertain to Resale, of the Agreement are altered as follows: a. Effective Date to February 2, 2020 - During the time period from the Effective Date of this Amendment until February 2,2020, CLEC may order any services for resale pursuant to the applicable terms and conditions of the Agreement. ln addition, CLEC may make changes in existing resold services, also pursuant to the applicable terms of the Agreement, unti! February 2,2020. b. February 2,2020 to August 2,2022 -After February 2,2020, CLEC cannot order any services for resale from CenturyLink pursuant to the applicable provisions of the Agreement. Any orders for new services for resale will be pursuant solely to the terms of the applicable Tarffi for the service including any ICB agreements entered into under the applicable Tariffs. i. For any services procured for resale under the terms of the Agreement ('Existing Resale Services') on February 2,2020 or prior, CenturyLink will continue to provide such Existing Resale Services pursuant to the terms of the Agreement, including any discounts delineated in Exhibit A of the Agreement. ii. CLEC cannot make any changes to such Existing Resale Services, as they will be treated in a'grandfathered'status, with continued receipt or disconnection of the Existing Resale Services the only options under the Agreement available to CLEC. lf CLEC issues an order to change such services, it will be treated as new services for resale and will be provided solely under the Tariffs, rather than under the Agreement. iii. CLEC agrees that it will no longer submit any orders for resale services under the Agreement from CenturyLink after February 2,2020. CLEC agrees that it is the CLEC's responsibility to ensure that no further orders for resold services under the Agreement are submitted after February 2, 2020. lf resold services are ordered after February 2,2020 CLEC agrees that the Agreement is no Ionger in effect and resold services are being ordered per the applicable tariff at the ful! rates in the tariff. 1. ln order to ensure compliance with these provisions, the Parties agree that CenturyLink, on no more than quarterly basis, CenturyLink may conduct an audit of CLEC's order activity after February 2, 2020, in order to identify any mistaken instances of attempting to order resold services under the terms of the Agreement. 2. Should such instances occur, the Parties further agree that CenturyLink may issue a bill using the effective date of the changes that the applicable service was originally ordered ("Resale True-Up Bill') removing the discount for such services December 17,2021lnaplUNE-Resale Forbearance Amd/Negotiated/dishNET Wireline4D Q Amendment to CDS-I 00726-0006 (v.01.22.2020-2) 3 ATTACHMENT 1 and billing under the Tariffs at ful! tariffed prices. CLEC agrees not to contest such Resale True-Up Bills unless such billing is not consistent with the applicable Tariff. c. After August2,2022 - The Parties agree that CenturyLink will no longer provide any Existing Resold Serviccs under the terms of the Agreement after August 2, 2022. For any Existing Resold Services in place as of August 2, 2022, CLEC agrees that any such Existing Resold Services will be available under the applicable Tariff or Commercial Agreement. 2. UNE Analog Loops - Pursuant to the terms of the Forbearance Orders, the terms and conditions under which CLEC may order and maintain Analog Unbundled Loops, as defined in Section 9.2.2 provided in the Agreement and Two-Wire/Four-\Mre Unbundled Distribution Loop, as provided in Section 9.3.2.1.1 of the Agreement (together, refened to as'Analog Unbundled Loops') are altered as follows: a. Effectlve Date to February 2,2020 - During the time period from the Effective Date of this Amendment until February 2, 2020, CLEC may order Analog Unbundled Loops pursuant to the applicable terms and conditions of the Agreement. ln addition, CLEC may make changes in existing Analog Unbundled Loop arrangements, also pursuant to the applicable terms of the Agreement. b. February 2, 2020 to August 2, 2022 - After February 2, 2020, CLEC cannot order any Analog Unbundled Loops from CenturyLink pursuant to the applicable provisions of the Agreement. i. For any Unbundled Analog Loops procured under the terms of the Agreement ("Existing Analog Loops') on February 2, 2O2O or prior, CenturyLink will continue to provide such Existing Analog Loops pursuant to the terms of the agreement, including the applicable rates delineated in Exhibit A of the Agreement. ii. CLEC cannot make any changes to such Existing Analog Loops, as they will be treated in a 'grandfathered" status, with continued receipt or disconnection of the Existing Analog Loops the only options under the Agreement available to CLEC. lf CLEC issues an order to change such services, it will be treated as a conversion to Special Access services being provided solely under the Tariffs, rather than under the Agreement. iii. CLEC agrees that it wil! no longer submit any orders for Unbundled Analog Loops under the Agreement from CenturyLink after February 2, 2020. CLEC agrees that it is the responsibility of the CLEC to ensure that no further orders for such Analog Unbundled Loops under the Agreement are submitted after February 2,2020. 1. ln order to ensure compliance with these provisions, the Parties agree that CenturyLink, on a no more than quarterly basis, may conduct an audit of CLEC's order activity after February 2,2020, in order to identify any mistaken instances of attempting to order Analog Unbundled Loops under the terms of the Agreement. 2. Should such instances occur, the Parties further agree that CenturyLink will request CLEC to disconnect such services and December 17, 2021 I nap I U N E-Resale Forbearance Am d/Negotiated/dis h N ET Wirel i ne/lD Q Amendment to CDS-1 00726-0006 (v.01.22.2O2O-2) 4 ATTACHMENT 1 order them as new by ordering the Special Access service under the applicable Tarffi, changing the applicable rate charged, and CenturyLink may issue a bill using the effective date of the changes that the applicable Unbundled Analog Loop was originally ordered ('Analog Loop True-Up Bill'). CLEC agrees not to contest such Analog Loop True-Up Bills unless such billing is not consistent with the applicable Tariff. iv. CLEC agrees that any provisions in the Agreement that provide for Line Splitting or Loop Splitting are also removed and may no longer be ordered, as they all involve an order of an Unbundled Analog Loop. Any existing arrangements wil! be maintained during the time period of this section. c. After August 2,2022 - The Parties agree that CenturyLink will no longer provide any Unbundled Analog Loops under the terms of the Agreement after August 2, 2022, including any arangements for Line Splitting or Loop Splitting. For any Analog Unbundled Loops in place as of August 2, 2022, CLEC agrees that any such Analog Unbundled Loops will be available from the appropriate Special Access Tariff or CommercialAgreement. d. Alternative Analog Unbundled Loops Gommercial Arrangements - The Parties understand and agree that the Forbearance Orders specifically permit alternative commercial arrangements for the provision of UNEs that are impacted by the Forbearance Orders. Nothing in this Amendment either requires CenturyLink to enter into such alternative arrangements or prohibits the Parties from reaching an agreement on terms and conditions of such altemative arrangements. The Parties agree that nothing in such alternative arrangement would ever be intended to change any of the obligations under this Agreement, rather to be in parallel to the terms and conditions of the Agreement. e. UNE Combinations - Any UNE Combinations provided under the Agreement that might include UNE Analog Loop are also treated as UNE Analog Loops under this Agreement. 3. UNE Transport - Pursuant to the terms of the Forbearance Orders, the terms and conditions under which CLEC may order and maintain Unbundled Dedicated lnteroffice Transport ('UDIT'), as provided in Section 9.6.1.1 of the Agreement and Enhanced Extended Loop ("EEL'), as provided in Seclion 9.23.3.7 of the Agreement (together, referred to as.UNE Transport') are altered as follows: a. Effective Date to January 12, 2020 - During the time period from the Effective Date of this Amendment until January 12,2020, CLEC may order UNE Transport pursuant to the applicable terms and conditions of the Agreement. In addition, CLEC may make changes in existing UNE Transport arrangements, also pursuant to the applicable terms of the Agreement. b. January 12, 2020to July 12, 2022- After January 12, 2020, CLEC cannot order any UNE Transport from CenturyLink pursuant to the applicable provisions of the Agreement that has each endpoint in one of the Serving Wire Centers listed on the Wholesale website: htto://www.centurvlink.comlwholesale/clecs/nta.html#UNE-F to this Amendment ('Forbearance UNE Transport'). For any UNE Transport that December 17, 2O2'l lnaplUNE-Resale Forbearance Amd/Negotiated/dishNET Wirelinefl D Q Amendment to CD$1 0072S0006 1v.01.22.2020-2) 5 ATTACHMENT 1 does not meet the definition of Forbearance UNE Transport, such UNE Transport will continue to be available and provided under the terms of the Agreement, including the terms under which it may be withdrawn. i. For any Forbearance UNE Transport procured under the terms of the Agreement ('Existing Forbearance UNE Transport') on January 12,2020 or prior, CenturyLink will continue to provide such Existing Forbearance UNE Transport pursuant to the terms of the Agreement, including the applicable rates delineated in Exhibit A of the Agreement. ii. CLEC cannot make any changes to such Existing UNE Transport, as they will be treated in a "grandfathered' status, with continued receipt or disconnection of the Existing UNE Transport the only options under the Agreement available to CLEC. lf CLEC issues an order to change such services, it will be treated as a conversion to Special Access seruices being provided solely under the Tariffs, rather than under the Agreement. iii. CLEC agrees that it will no longer submit any orders for Forbearance UNE Transport under the Agreement from CenturyLink after January 12, 2020. CLEC agrees that it is the CLEC's responsibility to ensure that no further orders for such Forbearance UNE Transport under the Agreement are submitted after January 12,2020. 1. !n order to ensure compliance with these provisions, the Parties agree that CenturyLink, on a no more than quarterly basis, may conduct an audit of CLEC's order activity after January 12,2020, in order to identify any mistaken instances of attempting to order Forbearance UNE Transport under the terms of the Agreement. 2. Should such instances occur, the Parties further agree that CenturyLink will convert such services to the Special Access service under the applicable Tariff, changing the applicable rate charged as needed, and issue a bill to make the effective date of the charges be the date the applicable Forbearance UNE Transport was originally ordered ("UNE Transport True-Up Bill'). CLEC agrees not to contest such UNE Transport True-Up Bills unless such billing is not consistent with the applicable Tariff. c. After July 12,2022 - The Parties agree that CenturyLink will no longer provide any Forbearance UNE Transport under the terms of the Agreement after July 12, 2022. CLEC is solely responsible for either disconnecting such Forbearance UNE Transport prior to July 12, 2022 or converting to Special Access service under the applicable Tariffs. For any Forbearance UNE Transport in place as of July 12, 2022, CLEC agrees that CenturyLink wil! convert any such Forbearance UNE Transport to the appropriate Special Access service under the applicable Tariff, and CLEC is then responsible for such services under that Tariff. ln addition, should any charges be necessary as part of that conversion, CLEC agrees that it is responsible for payment of such charges and will not dispute application of such charges necessary for the conversion. d. Alternative UNE Transport Commercial Arrangements The Parties understand and agree that the Forbearance Orders specifically permit alternative December 17, 2021 I naplU N E-Resale Forbearance Amd/Negotiated/dish N ET Wireline/lD Q Amendment to CDS-1 0072&0006 (v.01.22.2O2O-2) 6 ATTACHMENT 1 commercial arrangements for the provision of UNEs that are impacted by the Forbearance Orders. Nothing in this Amendment either requires CenturyLink to enter into such alternative arrangements or prohibits the parties from reaching an agreement on terms and conditions of such alternative arrangements. The Parties agree that nothing in such alternative arrangement would ever be intended to change any of the obligations under this Agreement, rather to be in parallelto the terms and conditions of the Agreement. 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E.1 9.6 E6 r DSO UDIT fRdnino Fired & oer Mile!32L1 7l 9.6.1.'l toa 2A 67 sn ,q B.D.E B.D.Es612OEr 8 to 25 Miles t24_69 s0.23 B.D E BDE 9.6.1.3 ver 25 to 50 Miles $0.15 B.D.E B.D.E 9-6.1-4 OEr 50 Miles $2/t.69 $o.05 B.D.E B.D E c6 2 lBrrind Firad & oer Mil€l 3?AA 9-6-2_t Over0toS Miles 36.43 s3.20 B-D-E A.D-Eg6r2OGr I to 25 Miles s37 26 s3 19 RfIF BDF 9.6.2.3 Owr 25 to 50 Miles $39.12 $1.81 B.D.E B.D.E 9A) I Over 50 Miles la7 77 to 78 EDF EDF 9.6.3 DS3 uDlT (Recun 328/..52 B.D.E s631 OwOtoSMiles 323a,61 s54 07 BDE BDEqA3'ld25i )i? o?sl6 7c RDF B.O.E 9.6.3.3 oEr 25 to 50 Miles s223.90 s21.U B D.E BDE 9_6.3.4 \rer 50 Miles t.64 t14.83 B.D.E B.D.E 9-2 UNE Com 9-23.2 c1321 FFt I ooD DSo 2-Wirc Analm:l 2-Wimlm ation s.23.2-1.1-1 FiBl s2,,iAi1 DFI 024?112 ddifional 31t2 07 D.E.I t.23.2.'.t.2 2-Wir6 Aneloo LmD (see mtes in 9-2-1-1) 7232121 Zon6 9.23.2-1.2-2 Zfie2 323.76 D_ E.'t5 1.23.2.,1.2.3 Zone 3 3lto 5a rrF15 9.23.2.2 EEL 12322 1 EEL 4-Wire LmD lnslallation 9ra2 211 rst 3245.1 I D. E.1 9.23.2.2.1.2 Eedr Additimel 3ta2.97 DFl /Lwira An.lM 9.23"2.2-2"1 aone 1 330.70 D. E. 15c)-122?2 I ,ne n F 15 9.23,2.2.2.3 Zon€ 3 D. E. t5t?a)a :Fl I mb DSI s.23.2.3.1 EEL OSl Looo 9.23.2.3.1.1 FiEt t300 ao DFI 9?A?412 ,ddition€l s225.39 D.E.I I23.2.3.2 DSI Ceoeble Lm (sm Etes in 9-2-3-31 92??321 I 86.4€D. E. 15 9.23.2-3.2-2 z:one 2 386.46 D. E.'t5e2a2r2aTdie a sga C6 DFIS 9.23.2.6 EEL Reamnoement DSO 3130 A3 9.23.2.6.2 Hioh CaDacitv 3148.50 D. E. 12 9??29 FFI irultiolatind 9.23.2.4.1 263.86 s216.92 B.O.E D.E.I I23 2.4.2 DS3 to DSI s3rl{.22 t2a6.92 BDF DFI 9.23.2.9 FFI D s23.2-9.1 313-t 0 B-D.E 23292 DSI / DSO LN Slde Chennelization s7 17 BDE 9.25 LooD Mur Comblnrtlon {Liilcl 9.25.1 s 25.1.1 FiBt 1225 67 DFI 9.25.1.1.2 trr.-h Addifidn,9148.96 nFt 92512 2-Wire Anald Lmo (s* rata in 9-2-l-l) 76nc 1 l5 65 s.25.1.2.2 Zone 2 s23.76 D_ E.'t5)3 7d eA 340 50 DF.I5 9.25.2 Looo Mux 4wire Anelmq)5),1 I MC 4-Wire lnstallaliil orq?14 FiNl jr?4 a1 DFI E.25.2-1-2 Each Additimal s't48.96 D. E. ,I 9.25.2.2 mo ,ree r.las fin g 2 I 3l s.25.2.2.1 Zone I 30.70 D. E. 15 2 Tona 2 346 63 DFIS Page 2 of 3 E$ibirA ldaho 19.25-2-2.3 lzone 3 $79.17 D_ E. 15 10.3.2 Premium / Pri\racy Listings General Exdrange Tarif Rate, Le83 Wholegale Discounl Gene16l Erchanga Taritr Rate, Lesg Whdesale Discounl D,E D,E NOTES: FI Cost Docket OWE-T-oi-i'l Order No. 29.108 (Januaru 5. 2004) rel* efiective Januaru 5- 2(xx. D The Federal Communications Comri$ion (the, "FCC" or "Commission") released Order FCC 1966, a Report and Order on Remand and Memorandum Opinion and Order in WC Docket Nos. 1&141, et al (the "UNE Transport Orde0, and on Augusl 2, 2019, released Order FCC 1972, a Memorandum Opinion end Order in WC Docket l&141 (the "UNE Analog Loop and R$ale Forbearance Ordef) which a[ered ConturyLink's obligations to provide certain unbundled network elements. Ae a result, any rate with this footnote attached to it only applies to UNES and Resold seMces according to lhe terms of the UNE/Re3ale Forbearance Amendment of the Agrcement. Any rate wilh lhis footnote is no longer applicable in any way afrer Augusl2, 2022, again E The rates in this table appv solely to seMc€s ordered for UNE/Resale on or before February 2, 2020. Any new seMces for UNE/Resale inconeclly ordered afler February 2, 2020 will not have lhe discounts or rates applicable in this tablo, but instead will be subiecl to the applicable tarifi, price list or catalog #Sffind Voluntary Rete Reduclion- Dod(et USW-T-dL3. effective 6i/7O2- Reduclions refleded in the 7/10/02 E*ibit A 1 TELR|CralesproposedinCostDocketQWE-1{1-1llestimonyfledonNovember12,2fi)3. Thecasewasbifurcatedandtheratesusinglhisfootnoteare nmndsd in Phraa , af the .6cl .lml.t 12.t5 Rate was Dreviouslv ordercd for this elmst in e different section of E ribit A Page 3 of 3