Wholesale: Products & Services

Competitive Local Exchange Carrier (CLEC) Legal Change - V3.0

History Log

Description

When your company has a legal change take place, such as a merger, acquisition, name change, purchase or partial purchase through bankruptcy or any other legal change CenturyLink™ requires you to send in a notification per your Interconnection Agreement (in many cases found at Section 5.21). Sending CenturyLink Interconnection Director and CenturyLink Legal, notification and the documentation you have filed with a state Commission will allow CenturyLink to start the processes to communicate the work necessary to accomplish your goal.

Upon submission of your notice as described above, CenturyLink will engage a Contract Negotiator and your Service Management Team to meet with you to understand what change has taken place and advise you of your options as it relates to the legal documentation you have with CenturyLink and what Agreements need to be updated in filings with the appropriate state Commissions.

Each legal entity is allowed to have ONE Agreement with CenturyLink per state.

Below are examples that will help guide you to understand what may be required under certain circumstances. Note that the following is provided by way of example only and is not necessarily intended to be an exhaustive list.

  1. If you maintain separate legal entities and would like to operate as separate companies, you must give notice of the acquisition to CenturyLink's Wholesale Director of Interconnection Agreements and CenturyLink Legal. After receipt of proper notice, CenturyLink will undertake to change the name on your Agreements. You will need to update your questionnaire to change your billing information and any changes in location for operational changes.
  2. If you are going to operate as one legal entity using two (2) or more separate sets of industry codes (OCN/ACNA/RCID/ZSID) CenturyLink offers a Consolidation Amendment that will consolidate your Agreements and you will operate under the same Agreement, rates, terms and conditions for all entities. The Amendment will be filed with the appropriate state Commissions and identify the surviving Agreement and terminate the agreement(s) no longer in effect.
  3. If you are going to operate as one legal entity and would like to consolidate the industry codes under which you operate to use a single set of codes CenturyLink offers two (2) processes. You can accomplish this by using the Transfer of Use (ToU) process and if you have any Collocation(s) the Transfer of Responsibility (ToR) process. You will then need to notify CenturyLink and terminate the Interconnection Agreement under which you no longer operate. Contact your Service Manager to assist with this process.
    • The ToU document is an operations agreement signed by the Director of Operations at CenturyLink.
    • The ToR is a required Interconnection Agreement or Amendment term. Request an Amendment to your Interconnection Agreement from your Service Manager if it not currently in your Interconnection Agreement.
    • To review the product, please refer to the Negotiations Template at Section 8.2.1.22.2 and the associated Exhibit A for the appropriate state at Section 8.14 located at: http://www.centuryllink.com/wholesale/clecs/negotiations.html.
      • Transfer of Responsibility also has a batch process. A Batch process is available for performing the Transfer of Responsibility on the working circuits associated with a Collocation when the size of the Batch ToR threshold is greater than, or equal to 200 circuits per Collocation Site (CLLI/ACTL). Additional information on the Batch ToR for working circuits can be found in the Collocation - Transfer of Responsibility Circuit Batch Overview
  4. If you have changed the name of your company e.g." Sunshine Telephone, Inc." to "Sunshine Telecommunications Group", a ToU and possibly a ToR as described above will be required if you would like to change your name down to a circuit level. If you would like to operate and only change the name to include a formerly known as (fka) or doing business as (dba) (e.g., Sunshine Telecommunications Group, fka Sunshine Telephone, Inc.), CenturyLink Service Management will work with you to implement such a change operationally. If you have a collocation you will need to continue to place orders under the collocation name i.e. Sunshine Telephone, Inc. as CenturyLink collocation systems will not recognize the fka or dba.
  5. If you have purchased a portion of a company either through bankruptcy or another legal transaction you will be required to provide legal documentation articulating the change and then proceed with a ToU if any Collocations are involved, a ToR.

Tax Certification Forms

All tax certification forms must be issued to CenturyLink in the name under which your contracts operate. If you change your name from "Sunshine Telephone, Inc." to "Sunshine Telecommunications Group" and file this name change with the state Commission you will need to update your tax certificates with CenturyLink to match your agreement and state filing.

Last Update: August 8, 2011