Common use of Customer Care Standards Clause in Contracts

Customer Care Standards. Effective June 30, 2000, U S WEST will implement a self-executing service performance program included in paragraphs 1 through 3 below that will be available to CLECso long as CLEC purchases at least 5000 unbundled digital capable loops annually from U S WEST across U S WEST's 14-state region and based upon and subject to each and all of the following terms and conditions identified in paragraphs 1 through 3 below: 1. U S WEST will provide monthly reports to CLEC on its performance during the previous month. Service performance credits will be self-executing, and all credits will be posted on the ▇▇▇▇ in the following month based on the schedules listed below. The program described in this Section will take effect June 30, 2000. 2. This standard set forth in this section will be assessed based on U S WEST’s overall performance in provisioning, on the original due date as specified in the U S WEST Resale and Interconnection Service Interval Guide (“SIG”), all services in the interconnection agreement, on state-by-state average basis for unbundled loops in which CLEC has placed at least fifty (50) orders electronically for unbundled loops during the reported quarter. The following performance measurements and the accompanying credits identified in the matrices below are subject to the force majeure limitations in the U S WEST Resale and Interconnection Service Interval Guide (“SIG”) and the applicable interconnection agreement. In addition, the following performance measurements and credits will only apply if (a) the orders have been forecasted annually and updated quarterly in the manner requested by U S WEST; (b) filling the orders does not require U S WEST to build facilities; or (c) the other conditions identified in the SIG and/or the interconnection agreement have been met. In the case of unbundled loops, loop orders must be forecasted at the distribution area level at least sixty (60) days in advance. Range (% installed within standard interval for the interconnection services) Payment amount per quarter: Following June 30, 2000 until January 1, 2001 Range (% installed within standard interval for the interconnection services) Payment amount per quarter: January 1, 2001 to December 31, 2001, assuming closure of merger 82.5% to 100% No payment applies 85% to 100% No payment applies 70% to 82.4% $1,000 72% to 84.9% $1,200 60% to 69.9% $2,000 62% to 71.9% $2,400 <60% $3,000 <62% $3,600 3. Subject to the requirements and limitations contained in paragraph 2, if U S WEST's performance for provisioning unbundled loops drops below 60% for one quarter in any one state in which CLEC has placed at least 50 orders that quarter in that state and purchases at least 5000 unbundled digital capable loops annually from U S WEST across U S WEST's 14-state region, U S WEST and CLEC will jointly review the root cause of such performance in that state and identify processes to improve performance in that state. If U S WEST's performance remains below 60% for two consecutive quarters in any one state in which CLEC has placed at least 50 orders in each quarter in that state for two consecutive quarters and purchases at least 5000 unbundled digital capable loops annually from U S WEST across U S WEST's 14-state region, U S WEST will credit CLEC $25,000 for that state's performance. 4. CLEC may elect to replace the standards identified in paragraphs 1-3 above with carrier-to-carrier wholesale standards that are adopted or approved by the applicable PUC, or are negotiated between U S WEST and CLEC. In no event shall U S WEST be obligated to perform and provide credits under paragraphs 1-3 above and standards implemented by the applicable PUC. 5. The parties recognize that all providers share the responsibility for improving the functionality of the network with respect to circuit failures. U S WEST and CLEC will work together to improve new installation performance. The parties will meet at least once within thirty (30) days following the execution of this Amendment to implement the program described in this Paragraph 5. Specifically, the parties will work cooperatively to develop an analysis of the root-cause of new installation troubles, specifically investigating customer premises equipment (CPE) functionality, customer premises problems other than CPE, electronics, and other issues that either of the parties believes to be a potential cause of new installation troubles, including circuit failures. Upon the later to occur of (a) the completion of that analysis, or (b) June 30, 2000, the parties will work jointly and in good faith to develop a service program, with customer-specific remedies, using the results of the analysis to reduce or eliminate new installation troubles, including circuit failures. 6. Effective with the execution of this Amendment, U S WEST will begin providing CLEC access via the warm transfer process to the person who will handle its customer escalations. U S WEST will work cooperatively with CLEC to develop other improved escalation procedures, including escalation procedures for customers designated by CLEC or customers in limited geographies. In addition, for a limited number of customers identified by CLEC, U S WEST will also provide expanded and expedited escalation processes.

Customer Care Standards. Effective June 30, 2000, U S WEST Qwest will implement a self-executing service performance program included in paragraphs 1 through 3 below that will be available to CLECso long as CLEC purchases at least 5000 unbundled digital capable loops annually from U S WEST Qwest across U S WESTQwest's 14-state region and based upon and subject to each and all of the following terms and conditions identified in paragraphs 1 through 3 below: 1. U S WEST Qwest will provide monthly reports to CLEC on its performance during the previous month. Service performance credits will be self-executing, and all credits will be posted on the ▇▇▇▇ bill in the following month based on the schedules listed below. The program described in this Section will take effect June 30, 2000. 2. This standard set forth in this section will be assessed based on U S WESTQwest’s overall performance in provisioning, on the original due date as specified in the U S WEST Qwest Resale and Interconnection Service Interval Guide (“SIG”), all services in the interconnection agreement, on state-by-state average basis for unbundled loops in which CLEC has placed at least fifty (50) orders electronically for unbundled loops during the reported quarter. The following performance measurements and the accompanying credits identified in the matrices below are subject to the force majeure limitations in the U S WEST Qwest Resale and Interconnection Service Interval Guide (“SIG”) and the applicable interconnection agreement. In addition, the following performance measurements and credits will only apply if (a) the orders have been forecasted annually and updated quarterly in the manner requested by U S WESTQwest; (b) filling the orders does not require U S WEST Qwest to build facilities; or (c) the other conditions identified in the SIG and/or the interconnection agreement have been met. In the case of unbundled loops, loop orders must be forecasted at the distribution area level at least sixty (60) days in advance. Range (% installed within standard interval for the interconnection services) Payment amount per quarter: Following June 30, 2000 until January 1, 2001 Range (% installed within standard interval for the interconnection services) Payment amount per quarter: January 1, 2001 to December 31, 2001, assuming closure of merger 82.5% to 100% No payment applies 85% to 100% No payment applies 70% to 82.4% $1,000 72% to 84.9% $1,200 60% to 69.9% $2,000 62% to 71.9% $2,400 <60% $3,000 <62% $3,600 3. Subject to the requirements and limitations contained in paragraph 2, if U S WESTQwest's performance for provisioning unbundled loops drops below 60% for one quarter in any one state in which CLEC has placed at least 50 orders that quarter in that state and purchases at least 5000 unbundled digital capable loops annually from U S WEST Qwest across U S WESTQwest's 14-state region, U S WEST Qwest and CLEC will jointly review the root cause of such performance in that state and identify processes to improve performance in that state. If U S WESTQwest's performance remains below 60% for two consecutive quarters in any one state in which CLEC has placed at least 50 orders in each quarter in that state for two consecutive quarters and purchases at least 5000 unbundled digital capable loops annually from U S WEST Qwest across U S WESTQwest's 14-state region, U S WEST Qwest will credit CLEC $25,000 for that state's performance. 4. CLEC may elect to replace the standards identified in paragraphs 1-3 above with carrier-to-carrier wholesale standards that are adopted or approved by the applicable PUC, or are negotiated between U S WEST Qwest and CLEC. In no event shall U S WEST Qwest be obligated to perform and provide credits under paragraphs 1-3 above and standards implemented by the applicable PUC. 5. The parties recognize that all providers share the responsibility for improving the functionality of the network with respect to circuit failures. U S WEST Qwest and CLEC will work together to improve new installation performance. The parties will meet at least once within thirty (30) days following the execution of this Amendment to implement the program described in this Paragraph 5. Specifically, the parties will work cooperatively to develop an analysis of the root-root- cause of new installation troubles, specifically investigating customer premises equipment (CPE) functionality, customer premises problems other than CPE, electronics, and other issues that either of the parties believes to be a potential cause of new installation troubles, including circuit failures. Upon the later to occur of (a) the completion of that analysis, or (b) June 30, 2000, the parties will work jointly and in good faith to develop a service program, with customer-customer- specific remedies, using the results of the analysis to reduce or eliminate new installation troubles, including circuit failures. 6. Effective with the execution of this Amendment, U S WEST Qwest will begin providing CLEC access via the warm transfer process to the person who will handle its customer escalations. U S WEST Qwest will work cooperatively with CLEC to develop other improved escalation procedures, including escalation procedures for customers designated by CLEC or customers in limited geographies. In addition, for a limited number of customers identified by CLEC, U S WEST Qwest will also provide expanded and expedited escalation processes.