Prior to August 1, 2001, service was furnished under WorldCom Network Services Tariff FCC No. 9 filed with the Federal Communications Commission and now canceled. Beginning August 1, 2001, service is being furnished pursuant to this Guide and any underlying written contract between the Company and the Customer.
Please note the following regarding this important change.
· WorldCom Network Services Tariff FCC No. 9 was amended on June 23, 2001 to incorporate new or revised General Definitions and new or revised General Terms and Conditions of Service contained in WorldCom Tariff FCC No. 1. Like the service in former WorldCom Network Services Tariff FCC No. 9, these General Definitions and General Terms and Conditions are now part of this Guide and, therefore, are part of customer service contracts. Some of the definitions and terms and conditions contained in former WorldCom Network Services Tariff FCC No. 9 are reflected in the General Definitions and General Terms and Conditions of Service and, accordingly, were removed from the former tariff at the time of detariffing on July 31, 2001. This explains why there may be omissions or gaps in the service information previously found in WorldCom Network Services Tariff FCC. No. 9 and currently contained in this Guide.
· Except as noted in the preceding paragraph, the text of this Guide replicates the information contained in former WorldCom Network Services Tariff FCC No. 9 on July 31, 2001.
· If there is an inconsistency between a General Definition or a General Term and Condition, a service-specific definition or term and condition, or a definition and term and condition contained in a written contract between the Company and the Customer, the relationship with the Customer will consist of the following, in order of precedence from (1) through (3): (1) the definition or term and condition in the written contract; (2) the service-specific definition or term and condition; and (3) the General Definition or Term and Condition. An inconsistency will be deemed to include any instance in which a service-specific definition or a service-specific term and condition has no counterpart in the General Definitions or the General Terms and Conditions of Service.
· The Company may change the Guide from time to time and any change made will be binding on customers after fulfillment of the notice period set forth in Section 7.B of the General Terms and Conditions.
· Any reference to tariff within the text of the Guide shall mean Guide.
DOMESTIC FRAME RELAY SERVICE
I. DEFINITIONS
For the purpose of this tariff, the following definitions will apply:
Alternate Access: A form of Local Access except that the provider of the Service is an entity, other than the Local Exchange Carrier, authorized or permitted to provide such Service.
AMI: Alternate Mark Inversion.
Ancillary Charges: Charges for supplementary Services as set forth in Section IV which, may consist of both nonrecurring and monthly recurring charges.
ASR: An order placed with a Local Access Provider for Local Access.
B8ZS: Bipolar with eight zero substitution.
Base Rate Charges: The non-discounted monthly recurring Network Port base rate charge plus the non-discounted monthly recurring CIR base rate charge.
Bill Date: The date on which billing information is compiled and sent to the Customer.
CIR: Committed Information Rate. Statistical measurement of throughput on a PVC over time.
Cancellation of Order: A Customer initiated request to discontinue processing a Service Order, either in part or in its entirety, prior to its completion. Cancellation charges will be assessed for each Circuit‑end or Dedicated Access line canceled from an order prior to its completion by Company, under the following circumstances: (1) if the Local Access Provider has confirmed in writing to Company that the Circuit‑end or Dedicated Access line will be installed; and/or (2) if Company has already submitted facilities orders to an interconnecting telephone company; and/or (3) in accordance with Section II.4..01. Cancellation charges will be assessed for each Network Node comprising WorldMark Frame Relay Service subject to a Cancellation of Order in accordance with Section II.4..03.
Due Date: The Due Date is the date on which payment is due.
ESF: Extended Super Frame.
Frame Relay: ANSI ITU interface standard in which Customer translates variable length frames to the frame relay transport vendor.
Interruption: A condition whereby the Service or a portion thereof is inoperative, beginning at the time of notice by the Customer to Company that such Service is inoperative and ending at the time of restoration. See Section II.10.
Network Node (Node): Customer physical location with an associated Port Connection and PVC.
Nonrecurring Charges: One‑time charges relevant to Service.
Port Connection: Physical connection (located on a frame relay switch) into a carrier's Public Frame Relay network.
Public Frame Relay Network: Telecommunications network operated for the provision of WorldMark Frame Relay Service to multiple Customers.
PVC: Permanent Virtual Circuit. Provides connectivity between Customer locations.
Service Commitment Period: The period selected by the Customer, agreed to by Company and stated on the relevant Application for Service or Service Order during which Company will provide and Customer will accept and pay for the Service described therein.
SF: Super Frame.
Start of Service Date: The Requested Service Date or the date Service first becomes available for use by Customer, whichever is later.
Technical Standards - WorldMark Frame Relay Service: Technical Standards for WorldMark Frame Relay Service are governed by the Performance Specifications described in Section III, Technical Standards, of this Tariff.
II. RULES AND REGULATIONS
1. Description and Limitations of Services
.01 Any member of the general public (including any natural person or legally organized entity such as a corporation, partnership, or governmental body) is entitled to obtain Service under this Tariff, provided that Company reserves the right to deny Service: (A) to any Customer that, in Company's reasonable opinion, presents an undue risk of nonpayment and refuses to comply with the deposit requirements set forth in Section II.7..03; (B) in circumstances in which Company has reason to believe that the use of the Service would violate the provisions of this Tariff or any applicable law or if any applicable law restricts or prohibits provision of the Service; or (C) if, in Company's sole opinion, insufficient facilities are available to provide the Service (in such cases Company shall take reasonable efforts to accommodate the needs of all potential Customers by means of facility improvements or purchases of capacity, if such efforts will, in Company's sole opinion, provide Company with a reasonable return on its expenditures).
.02 Company, when acting at the Customer's request and/or as Customer's authorized agent, will make reasonable efforts to arrange for Service requirements, such as, Alternate Access. Due to the specialized nature of such arrangements, however, such Services may be provided, if at all, on a contract tariff basis.
.03 Service may be discontinued upon reasonable notice under the circumstances to the Customer if:
a. the Customer is using the Service in violation of this Tariff; or
b. the Customer is using the Service in violation of any applicable law or regulation.
.04 Service begins on the Start of Service Date and is provided over the Service Commitment Period relevant to the Service in question (in no event less than one month) on a 24 hours per day basis. For the purposes of computing charges and/or credits in this Tariff for periods of less than a calendar month, a month is considered to have 30 days.
.05 Following the expiration of the Service Commitment Period relevant to a Service, Service will continue to be provided in accordance with this Tariff and the month-to-month rates relevant to the Service in question.
.06 Except as otherwise provided in this Tariff or as specified in writing by the party entitled to receive notice, notices between Customer and Company shall be given in writing to the persons whose names and business addresses appear on the relevant Application for Service and the effective date of any notice shall be the date of delivery of such notice, not the date of mailing. By written notice, Company or Customer may change the party to receive notice and/or the address to which such notice is to be delivered. In the event no Customer or Company address is provided in the relevant Application for Service, notice shall be given to the last known business address of Customer or Company, as the case may be.
.07 Provision of Service to the locations listed in Section IV.10. is subject to availability of capacity in particular geographical locations.
2. Other Terms and Conditions
.01 The name(s) of the Customer(s) desiring to obtain the Service must be stipulated in the Application for Service.
.02 The Customer agrees to operate any Company provided equipment in accordance with instructions of the Company or the Company's agent or designee. Failure to do so will void any Company liability for Interruption of Service and may make Customer responsible for damage to equipment pursuant to Section II.2.03 below.
.03 Customer agrees to return to the Company all Company-provided equipment within five (5) days of termination of the Service in connection with which the equipment was used. Said equipment shall be in the same condition as when delivered to Customer, normal wear and tear excepted. Customer shall reimburse the Company, upon demand, for any costs incurred by the Company due to Customer's failure to comply with this provision.
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.05 In the event suit is brought or an attorney is retained by the Company to enforce the terms of this Tariff, the Company shall be entitled to recover, in addition to any other remedy, reimbursement for reasonable attorneys' fees, court costs, costs of investigation and other related expenses incurred in connection therewith.
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.07 The provision of Service will not create a partnership or joint venture between the Company and the Customer nor result in joint Service offerings to their respective Customers.
.08 The discount level, if any, applicable to a Customer for a particular Service or Services shall be the rate or volume discount level in effect at the beginning of the monthly billing period applicable to the Customer for the particular Service or Services. When a Service is subject to a minimum monthly charge, account charge, port charge or other recurring charge or Nonrecurring Charge for both intrastate and interstate Service, only one such charge shall apply per account and that charge shall be the interstate charge. In the event Service was provided for less than a month, monthly recurring charges will be pro‑rated based upon a thirty (30) day month.
.09 Service requested by Customer and to be provided pursuant to this Tariff shall be requested on Company Service Order forms in effect from time to time or Customer's forms accepted in writing by an authorized representative of Company or through the Company Electronic Order Processing System whereby Customer receives written confirmation from Company of the Service it has requested and the business records of Company shall be deemed determinative as to the contents of the Service Order. When the Customer places a Service Order for any of the Services contained herein, the Customer must provide the Company with the Customer's name and address for billing purposes and a contact name if different from that of the Customer. If a Customer places Service Orders for multiple Customer Premises, the Customer must also provide the Company with the contact name, telephone number, and address at each premises where Service will be installed. Each Service Order shall reference this Tariff and, when accepted in writing by Company, the Service Order will be deemed to set forth the final operative obligations between Company and the Customer regarding the Services described therein to the extent that it specifies the type of Service, quantity of Circuits, originating and terminating cities, Requested Service Date, Service Commitment Period and other information necessary for Company to provide the Service to Customer. Any other items and conditions that are typed, printed or otherwise included in any Service Order shall be deemed to be solely for the convenience of the parties. No action by Company (including, without limitation, provision of Service to Customer pursuant to such Service order) shall be construed as binding or estopping Company with respect to such term or condition, unless the Service order containing said specific term or condition has been signed by an authorized headquarters representative of Company and Customer. Company shall have no obligation except those as set forth in this Tariff or contained in Service Orders and all other representations or agreements, oral or written, shall be of no effect. In the event any provisions set forth in Service Orders conflict with the provisions set forth in this Tariff, the provisions set forth in this Tariff shall prevail.
.10 Charges for Local Access billing administered by Company and charged to Customer shall be subject to adjustment at such times as Company shall determine, not to exceed the then prevailing interstate charges of the relevant Local Exchange Carrier as would otherwise be paid directly by Customer for the relevant Local Access Channel or service.
.11 Upon the scheduled expiration of a Service Commitment Period for a Service, Service shall automatically be extended subject to written notice of termination by either Company or Customer; such termination shall be effective as of a date not less than thirty (30) days after delivery of said notice to the other party. The charges for Service during any such extension shall not exceed the then current month-to-month charges set forth in this Tariff and applicable to Service.
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3. Liability
.01 Except as otherwise specifically provided for in this Tariff, the Company shall not be liable to Customer or any other person, firm or entity for any failure of performance hereunder if such failure is due to any cause or causes beyond the reasonable control of the Company. Such causes shall include, without limitation, acts of God, fire, explosion, vandalism, cable cut, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States government or of any other government or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lockouts or work stoppages or other labor difficulties, supplier failures, shortages, breaches or delays, or preemption of existing Services to restore Service in compliance with Part 64, Subpart D, Appendix A, of the FCC's Rules and Regulations or other applicable laws, regulations, or orders.
.02 The Company is not liable for any act or omission of any other company or companies (including any Company affiliate that is a participating or concurring carrier) furnishing a portion of the Service or facilities, equipment, or Services associated with such Service.
.03 The Company shall be indemnified and held harmless by the Customer from:
a. claims for libel, slander, or infringement of copyright arising out of the material, data, information, or otherwise arising out of the content transmitted via the Service(s);
b. patent infringement claims arising from combining or connecting the Service with equipment and systems of the Customer or Authorized Users;
c. all other claims arising out of any act or omission of the Customer or Authorized Users in connection with any Service provided by the Company;
d. defacement of, or damage to, the premises of Customer and Authorized Users resulting from the Installation, and/or removal of facilities or the attachment of instruments, equipment and associated wiring on or from the Customer's Premises. No agents or employees of other participating carriers shall be deemed to be agents or employees of the Company; and
e. claims arising out of the use of Services or associated equipment in an unsafe manner (such as use in an explosive atmosphere) or the negligent or willful act of any person other than the Company, its agents, or employees.
.04 The Customer is responsible for taking all necessary legal steps for interconnecting the Customer provided terminal equipment with the Company facilities including, but not limited to, Dedicated Access. The Customer shall ensure that the signals emitted into the Company's network do not damage Company equipment, injure personnel or degrade Service to other Customers. The Customer is responsible for securing all licenses, permits, rights‑of‑way, and other arrangements necessary for such interconnection. In addition, the Customer shall comply with applicable Local Access Provider signal power limitations.
.05 The Company may rely on Local Access Providers for the performance of other Services such as Local Access. Upon Customer request and execution and delivery of appropriate authorizing documents, the Company may act as agent for Customer in obtaining such other Services. Customer's liability for charges hereunder shall not be reduced by untimely installation or non‑operation of Customer provided facilities and equipment.
.06 The Customer indemnifies and holds the Company harmless from any and all loss, claims, demands, suits, or other action, or any liability whatsoever, whether suffered, made, instituted or asserted by the Customer or by any other party or persons, for any personal injury to, or death of, any person or persons, and for any loss, damage or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the Installation, operation, failure to operate, maintenance, removal, presence, condition, location or use of Service or equipment and facilities of Company associated with the Service, unless such Installation, operation, failure to operate, maintenance, condition, location or use is the direct result of the Company's knowing and willful misconduct.
.07 The failure to give notice of default, to enforce or insist upon compliance with any of the terms or conditions herein, the waiver of any term or conditions herein, or the granting of an extension of time for performance by the Company or the Customer shall not constitute the permanent waiver of any term or condition herein. Each of the provisions shall remain at all time in full force and effect until modified in writing.
.08 The Company shall not be liable to the Customer or any other person, firm or entity in any respect whatsoever as a result of mistakes, accidents, errors, omissions, interruptions, delays, or defects in Service (collectively "Defects" or "Defective Service"). Defects caused by or contributed to, directly or indirectly, by act or omission of Customer (including Authorized Users) or Customer's customers, affiliates, agents, representatives, invitees, licensees, successors or assigns or which arise from or are caused by the use of facilities or equipment of Customer or related parties shall not result in the imposition of any liability whatsoever upon the Company, and Customer shall pay to the Company any reasonable costs, expenses, damages, fees or penalties incurred by the Company as a result thereof, including costs of Local Access Providers' labor and materials. In addition, all or a portion of the Service may be provided over facilities of third parties, and the Company shall not be liable to Customer or any other person, firm or entity in any respect whatsoever arising out of Defects caused by such third parties. The Company's liability for willful misconduct, if established as a result of judicial or administrative proceedings, is not limited by this tariff. The Company shall not be liable for any direct, indirect, consequential, special or actual damages, or business interruption, or for any lost profits of any kind or nature whatsoever arising out of any defective service or any other cause. The Company's liability, if any, with regard to defective service (including any delayed installation of the Company's facilities or commencement of service) shall not exceed $1,000. The warranty set forth in Section II.10 and any allowance for interruptions provided for herein and the remedies explicitly set forth in this tariff are exclusive and in lieu of all other warranties or remedies, whether express, implied or statutory, including without limitation implied warranties of merchantability and fitness for a particular purpose. In the event of an interruption in service or any defect in the service whatsoever, neither the Company nor any affiliated or unaffiliated third party provider or operator of facilities employed in the provision of the service shall be liable for any direct, indirect, consequential, special or actual damages, or for any lost profits of any kind or nature whatsoever.
.09 If at any time Customer notifies Company that Service is subject to a Defect as specified in Section II.3..08 above for thirty (30) days or less, Service shall not be subject to cancellation, but an appropriate percentage of charges for the directly affected Service shall be abated for the period of Interruption in accordance with and subject to the provisions of Section II.10. If the Defective Service continues for more than thirty (30) days, then the directly affected Service may be canceled by either Company or Customer without liability other than Customer's liability for payment for the Service in question provided in accordance with the Technical Standards prior to cancellation.
.10 In the event parties other than Customer (e.g., Customer's customers or Authorized Users) shall have use of the Service directly or indirectly through Customer, Customer will forever indemnify and hold Company and any affiliated or unaffiliated third‑party provider or operator of facilities employed in provision of the Service harmless from and against any and all claims, demands, suits, actions, losses, damages, assessments or payments which may be asserted by said parties arising out of or relating to any Defects or any claims described in Section II.3..03.
.11 In the event that Company is required to perform Service redesign due to inaccurate information provided by the Customer or Company incurs costs and expenses under circumstances in which such costs and expenses are caused to be incurred by the Customer or reasonably incurred by Company for the benefit of the Customer, the Customer is responsible for the payment of any resulting costs incurred by Company.
4. Cancellation of Service by a Customer
.01 If a Customer cancels Service before the Start of Service, before completion of the Service Commitment Period, or before completion of some other period mutually agreed upon by the Customer and the Company, a charge will be levied upon the Customer for the nonrecoverable portions of expenditures or liabilities incurred on behalf of the Customer (e.g. Local Access) by the Company and not fully reimbursed by Installation and other non-recurring and recurring charges. In addition, if a Customer cancels Service before the Start of Service Date a charge will be levied upon the Customer for any Nonrecurring Charges incurred as defined in Section IV.6 and IV.7 and any nonrecurring Ancillary Charges incurred as defined in Section IV.8. If, under a promotional offering, the Company agreed to waive certain charges, and the Customer subsequently canceled service before the Start of Service Date, the Customer is liable for any Nonrecurring Charges or nonrecurring Ancillary Charges incurred prior to the Start of Service Date, the agreement to waive charges notwithstanding.
.02 Except as otherwise provided under Section II.3 of this Tariff, if a Service Order for Installation is delayed for more than thirty (30) days beyond the Requested Service Date, and such delay is not requested or caused by the Customer, the Customer may cancel the Service affected thereby without incurring cancellation charges.
.03 Customers who subscribe to Service are subject to the following cancellation charges upon cancellation of Service for the convenience of Customer, i.e., without cause, such as, would be the case for Defective Service. In such case, the Customer is also liable for any charges, expenses, fees, or penalties incurred by Company or its affiliated companies due to cancellation of Local Access plus any costs, expenses, or additional charges reasonably incurred by Company on behalf of Customer as Customer's agent.
a. If the Service Commitment Period for the canceled Service is one (1) year or less, then the cancellation charge shall be an amount equal to the balance of the monthly Network Node charges (then in effect at the time of cancellation) for such canceled Service that otherwise would have become due for the unexpired balance of the Service Commitment Period (but in no event less than zero);
b. If the Service Commitment Period for the canceled Service is longer than one (1) year and such cancellation becomes effective prior to completion of the first year of the Service Commitment Period, then the cancellation charge shall be an amount equal to the balance of the monthly Base Rate Charges (then in effect at the time of cancellation) for such canceled Service that otherwise would have become due for the unexpired portion of first year of the Service Commitment Period plus twenty percent (20%) of the balance of such monthly Base Rate Charges for the remainder of the Service Commitment Period beyond the first year; and
c. If the Service Commitment Period for Service is longer than one (1) year and such cancellation becomes effective after completion of the first year of the Service Commitment Period, then the cancellation charge shall be an amount equal to twenty percent (20%) of the balance of the monthly Base Rate Charges (then in effect at the time of cancellation) for such canceled Service that otherwise would have become due for the unexpired portion of the Service Commitment Period.
d. As Company's damages in the event of a cancellation are difficult or impossible to ascertain, the foregoing provisions providing for a cancellation charge are intended to establish liquidated damages in the event of a cancellation of a Service and do not represent a penalty of any kind.
.04 The foregoing to the contrary notwithstanding, and upon thirty (30) days' prior written notice, either Customer or Company shall have the right, without cancellation charge or other liability to the other, to cancel the affected portion of the Service, if Company is prohibited by governmental authority from furnishing said portion, or if any material rate or term contained herein and relevant to the affected Service is substantially changed by order of the highest court of competent jurisdiction to which the matter is appealed, the FCC, or other local, state or federal government authority.
.05 The foregoing to the contrary notwithstanding, in the event Customer orders Service for a Service Commitment Period greater than month-to-month and notifies Company, in writing, that the Service will be provided to the Government, and after ordering said Service, the Customer provides proof, in writing and acceptable to Company that the Government has canceled said Service, Customer shall not be liable for any cancellation charges except to the following extent: Customer shall reimburse Company any actual non-recoverable costs incurred by Company in providing the Service to the extent Customer is entitled to reimbursement from the Government pursuant to applicable regulations.
.06 The foregoing to the contrary notwithstanding, Customer may elect to replace existing Service ("Current Service") prior to the end of the applicable Service Commitment Period with replacement Service ("Replacement Service") which has a monthly Base Rate Charges equal to or greater than the current Base Rate Charges and a Service Commitment Period equal to or greater than the total expired and unexpired Service Commitment Period of the Current Service. In this event, no cancellation charge will be incurred, provided the conditions in Subsections II.4.06(a.-c.) below are met. The Customer will be liable for cancellation charges if the Replacement Service is cancelled and not replaced prior to the end of its Service Commitment Period.
a. The Service Order for Disconnection of the Current Service must state that Replacement Service will be requested. If there is no statement regarding replacement, a cancellation charge will be determined as described in Section II.04..03.
b. The Service Order for Installation of the Replacement Service must be received and installation must be completed within 60 days of disconnection of the Current Service. In addition, the Service Order for Installation for Replacement Service must state that it is replacing Current Service.
c. Customer shall be liable for any costs associated with the Installation of the Replacement Service and any third party charges associated with the cancellation of the Current Service.
5. Cancellation for Cause by the Company
.01 Upon nonpayment of any sum owing to the Company, or upon a violation of any of the provisions governing the furnishing of Service under this Tariff, the Company may, upon written notification to the Customer, without incurring any liability, immediately discontinue the furnishing of such Service. Customer shall be deemed to have canceled Service as of the date of such disconnection and shall be liable for any cancellation charges set forth in this Tariff.
.02 Without incurring any liability, the Company may discontinue the furnishing of Service(s) to a Customer immediately and without notice if the Company deems that such action is necessary to prevent or to protect against fraud or to otherwise protect its personnel, agents, facilities or Services and under any of the following circumstances:
a. if the Customer refuses to furnish information to the Company regarding the Customer's credit‑worthiness, its past or current use of common carrier communications Services or its planned use of Service(s);
b. if the Customer provides false information to the Company regarding the Customer's identity, address, creditworthiness, past or current use of Customer communications Services, or its planned use of the Company Service(s);
c. if the Customer gives Company reasonable cause to believe that Customer will not comply with a request of the Company for reasonable security for the payment for Service(s);
d. if the Customer has been given notice by the Company of any past due amount (which remains unpaid in whole or in part) for any of the Service to which the Customer either subscribes or had subscribed or used;
e. if Customer fails to pay Company any sum due to Company within thirty (30) days of its Due Date.
f. if Customer fails to comply with a request by the Company for reasonable security for the payment of Service;
g. if following seven (7) days after sending Customer written notice of any noncompliance by Customer with any nonpayment terms (other than an unlawful use of the Service) and if such noncompliance with the terms and conditions of this Tariff is not corrected within the seven (7) day period (Service may, however, be discontinued earlier pursuant to this Tariff).
.03 If at anytime there is a material change in Customer's creditworthiness, then in addition to any other remedies available to Company pursuant to this Tariff, Company may exercise one or more of the following remedies without incurring any liability: (A) cause Start of Service for Service described in a previously executed Service Order to be withheld; (B) cease providing Service; (C) decline to accept a Service Order from Customer to provide Service which Company may otherwise be obligated to accept and/or (D) Company may condition its provision of Service on assurance of payment by Customer which shall take the form of a deposit or means to establish reasonable assurance of payment as specified by Company. A material change in Customer's creditworthiness shall include, but not be limited to: (i) Customer's default of its obligations to Company under this Tariff or any other agreement with Company; (ii) failure of Customer to make full payment of charges due hereunder on or before the Due Date on three or more occasions during any period of twelve or fewer months or Customer's failure to make such payment on or before the Due Date in any two consecutive months; (iii) acquisition of Customer (whether in whole or by majority or controlling interest) by an entity which is insolvent, which is subject to bankruptcy or insolvency proceedings, which owes past due amounts to Company or any entity affiliated with Company or which is a materially greater credit risk than Customer; or, (iv) Customer's being subject to or having filed for bankruptcy or insolvency proceedings or the legal insolvency of Customer.
.04 The discontinuance of Service(s) by the Company pursuant to this Section does not relieve the Customer of any obligations to pay the Company for charges accrued for Service(s) which is/are furnished up to the time of discontinuance nor does it relieve the Customer of applicable cancellation charges. The remedies set forth herein shall not be exclusive and the Company shall at all times be entitled to all rights available to it under either law or equity.
6. Use of Service
.01 The Services offered herein may be used for any lawful purpose, including residential, business, governmental, or other use, including joint use or resale by Customer. Notwithstanding the joint use, sharing or resale of Service by Customer and regardless of the Company's knowledge of same, the Customer remains liable for all obligations under this Tariff. The Company shall have no liability to any person or entity other than the Customer and only as set forth in Section II.3. The Customer shall not use nor permit others to use the Service in a manner that could interfere with Services provided to others or that could harm the facilities of the Company or others.
.02 The Customer is responsible for the placement of Service Orders for the Service described herein as well as complying with the provisions of this Tariff. When the Customer places a Service Order for any of the Service contained herein, the Customer must provide the Company with the Customer's name and address for billing purpose and a contact name if different from that of the Customer. If a Customer places Service Orders for multiple premises, the Customer must also provide the Company with the contact name, telephone number, and address at each premises where Service will be installed. Customers may be required to execute written Service Orders as described in Section II.2..09, but shall be obligated under the terms of this Tariff even if such Service Orders have not been executed.
.03 Service furnished by the Company may upon authorization by the Company be arranged for joint use by Authorized Users. Each Authorized User shall be permitted to use such Service in the same manner as the Customer, but subject to the following:
a. One Authorized User must be designated as the Customer. The designated Customer does not necessarily have to have communications requirements of its own. The Customer must specifically name all Authorized Users in the Service Application for joint use Service. Service Orders which involve the start, rearrangement, or discontinuance of joint use of Service will be accepted by the Company only from the designated Customer and will be subject to all regulations of this Tariff.
b. All charges for the Service will be computed as if the Service were to be billed to one Customer. The Authorized User which has been designated as the Customer will be billed for all components of the Service and will be responsible for all payments to the Company. In the event that the designated Customer or any Authorized User fails to pay the Company, each Authorized User shall be jointly and severally liable to the Company for all charges associated with its Service as well as any other Authorized User's Service. Each Authorized User must submit to the designated Customer sufficient documentation for the purpose of confirming such Authorized User's acceptance of contingent liability for and guaranty of payment for its portion of all charges billed by the Company for joint use Service to the designated Customer. This documentation must also specify that the Authorized User understands that the Company will receive a copy of the payment guaranty from the designated Customer. The Company may also require credit information from Authorized Users as well as the designated Customer. The designated Customer shall be responsible for allocating charges to each Authorized User of joint use Service, and Company shall have no obligation to seek collection from Authorized Users of joint use Service.
.04 In addition to the other provisions in this Tariff, Customers reselling Service shall be responsible for all interaction and interface with their own subscribers or customers. The reselling of Service by a Customer or reselling of Service with enhancements provided by Customer will not create a partnership or joint venture between Company and Customer nor result in a joint communications Service offering to any third parties by either Company or the Customer.
.05 Neither the Service furnished by the Company nor transmissions or communications carried over such Service shall be used for any unlawful or fraudulent purposes such as:
a. use of electronic devices, invalid numbers, and false credit devices to avoid payment for Services contained in this Tariff either in whole or in part; and
b. to make calls which might reasonably be expected to frighten, abuse, torment, or harass another.
Nor shall Service be used for any purpose for which any payment or other compensation is received by the Customer except when the Customer is a communications common carrier, a resale common carrier or an enhanced Service provider who has subscribed to the Service. However, this provision does not preclude an agreement between the Customer and Authorized Users in a joint use arrangement to share the cost of the Service as long as this arrangement generates no profit for anyone participating in a joint use arrangement.
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7. Payment Arrangements
.01 The Customer is responsible for payment of all charges for Services furnished to the Customer. This includes payment for Services specifically requested by the Customer. This responsibility is not changed due to any use, misuse, or abuse of the Customer's Service or Customer provided equipment by third parties, the Customer's employees, or the public.
.02 Unless the Company requires an advance Payment Method or other arrangement due to Customer's presenting an undue risk of nonpayment, payment for all pro‑rated monthly recurring charges (charges for monthly Service provided for less than a calendar month), Installation and other non‑recurring charges shall be due 30 days from invoice date. Payment for all monthly recurring charges for full months during which the Service is to be provided following Start of Service shall be due in arrears 30 days from invoice date. Company's invoice to Customer for Service under this Tariff will be computed each calendar month in advance of the Due Date for charges as provided above and as of Bill Date determined by Company. The invoice date shall not be determinative of the Bill Date used by Company in the preparation of any particular invoice. Customer will remit payment to Company at the remittance address indicated on Company invoices to Customer. In the event Customer fails to pay Company's invoice in full or remit payment to the proper address 30 days from the invoice date, Customer shall also pay a late fee in the amount of the lesser of one and one‑half percent
(1 1/2%) of the unpaid balance per month or the maximum lawful rate under applicable state law. If a Customer presents an undue risk of nonpayment at any time, the Company may require that Customer pay its bills within a specified number of days and to make such payments in cash or the equivalent of cash.
.03 In determining whether a Customer presents an undue risk of nonpayment, the Company shall consider the following factors: (A) the Customer's payment history (if any) with the Company and its affiliates, (B) Customer's ability to demonstrate adequate ability to pay for the Service, (C) credit and related information provided by Customer, lawfully obtained from third parties or publicly available, and (D) information relating to Customer's management, owners and affiliates (if any). Customers who present an undue risk of nonpayment may be required at any time to provide the Company a security deposit, in cash or the equivalent of cash, up to an amount equal to the applicable Installation charges, if any, and/or up to six months' actual or estimated monthly recurring charges for the Service to be provided. Such applicants or Customers may also be required, at any time, whether before or after the commencement of Service, to provide such other assurances of, or security for, the payment of the Company's charges for its Services as the Company may deem necessary, including without limitation, advance payments for Service, third party guarantees of payment, letters of credit, pledges or other grants of security interests in the Customers' assets, and similar arrangements. The required deposit or other security may be increased or decreased by the Company as it deems appropriate in the light of changing conditions. In addition, the Company shall be entitled to require such an applicant or Customer to pay all its bills within a specified period of time, and to make such payments in cash or the equivalent of cash. In case of a cash deposit, simple interest at the rate of 6% per annum shall be credited or paid to the Customer while the deposit is held by the Company. At the Company's option, such deposit may be refunded to the Customer's account at any time.
.04
.05 If a Local Access Provider has established or establishes a Special Access surcharge, the Company will bill the surcharge beginning on the effective date of such surcharge for Special Access arrangements presently in Service. The Company will cease billing the Special Access surcharge upon receipt of an Exemption Certificate or if the surcharge is removed by the Local Access Provider.
.06 In the event the Company incurs fees or expenses, including attorney's fees, in collecting, or attempting to collect, any charges owed the Company, the Customer will be liable to the Company for the payment of all such fees and expenses reasonably incurred.
.07 If a Customer whose account has been closed has a credit balance remaining, the Company will transfer the credit to another account of the Customer, if there is one, or will mail a check for the balance to the Customer promptly following the written request of Customer.
.08 Promotional and other credits offered by Company in marketing its Services cannot be assigned. Such credits must be used by the Customer to whom they were offered or the Customer who earned them under the provisions of the offer.
.09 The Installation charges set forth in this Tariff contemplate Installations made in normal locations and under normal working conditions. Any installations made under other circumstances are subject to additional charges.
.10
.11
8. Assignment
The obligations set forth in this Tariff shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns, provided, however, that the Customer shall not assign or transfer its rights or obligations without the prior written consent of the Company.
9.
.01
.02
.03
10. Allowance for Interruptions
.01 WorldMark Frame Relay Outage Credit Warranty1
WorldMark Frame Relay Service1 will be subject to Company's Outage Credit Warranty (the "OCW") subject to the requirements described below.
a. Company warrants the provision of uninterrupted WorldMark Frame Relay Service to Customer. If Customer experiences an Interruption (as defined hereinafter) of the WorldMark Frame Relay Service for a period of thirty (30) consecutive minutes or longer from the time Customer reports such Interruption in WorldMark Frame Relay Service to Customer's designated Company Customer Service Representative, Customer shall receive a credit at the rate of 1/30 of the monthly recurring Base Rate charges applicable to the WorldMark Frame Relay Service directly affected by such Interruption (the "Outage Credit"). For purposes of the OCW, "Interruption" shall mean Customer's temporary loss of communication between two locations (i.e., communication is completely inaccessible between two Frame Relay connected locations) at any time during the term of the WorldMark Frame Relay Service.
b. Outage Credits are limited to 1/30 of the monthly recurring Base Rate charges of the WorldMark Frame Relay Service directly affected by an Interruption within any twenty-four (24) hour period (i.e., 12:00AM through 11:59:59PM).
c. If Customer elects to use another means of communication during a period of Interruption, Customer is solely responsible for payment of the charges for the alternate service used.
d. If Customer's Outage Credits during any thirty (30) consecutive day period for any of Customer's WorldMark Frame Relay Service equal the monthly recurring Base Rate charges for the WorldMark Frame Relay Service in question, Company may at its sole option discontinue providing Outage Credits to Customer for such WorldMark Frame Relay Service.
e. If Company discontinues Outage Credits pursuant to Section II.10.02d. above, Customer may cancel WorldMark Frame Relay Service without incurring any early termination liability.
f. Outage Credits will be given for Interruptions of WorldMark Frame Relay Service which are caused by a failure in (i) The Company network (including switches and PVCs), (ii) Company Inter Machine Trunks, (iii) Company long distance backhauls, or (iv) Dedicated local access.
g. Outage Credits will not be applicable for:
.01 Interruptions caused by the negligence of the Customer or third parties authorized by Customer to use Customer's Service.
.02 Interruptions during any period in which Company or its agents are denied access to any Customer premise where Service is terminated.
.03 Interruptions during any period in which the Customer has released the Service to Company for maintenance or rearrangement purposes, or for the implementation of a Customer Service Order.
.04 Interruptions during periods in which the Customer elects not to release the Service for testing or repair, and continues to use it on an impaired basis.
.05 Interruptions not reported to Company.
.06 Defects occurring prior to Start of Service.
.07 Interruptions during Frame Relay Trial Periods (e.g., period of time during which Service is not subject to charges).
.08 Interruptions caused by Customers premises equipment
h. Outage Credits shall be applied against Customer's then-current charges for services provided by Company within sixty (60) business days from the day Customer reports an Interruption of WorldMark Frame Relay Service as described in
this Section.
.02 As a result of network software deficiencies occurring in the August 1999 monthly billing period, WorldCom Frame Relay Service Customers whose Service was interrupted as a result of those deficiencies will receive a one-time Special Outage Credit equivalent to twenty days of tariffed WorldCom Frame Relay Service charges, after the application of all discounts for which the Customer is eligible. This Special Outage Credit will be in lieu of all other credits to which the Customer is entitled, unless such other credits would yield a greater dollar credit to the Customer, in which case this Special Outage Credit will not apply. The Special Outage Credit will appear on Customer invoices issued on or after September 20, 1999 covering the August 1999 monthly billing period, and will appear in a form and format of the Company's choosing.
12.
13.
.01
.02
.03
.04
.05
14. Change in Service Arrangement
When a change in Service arrangement involves the continued use by the Customer of the exact Interexchange Channels furnished by the Company prior to the change in Service, such as a change of Local Access on one Channel-end, Interexchange Service Installation charges do not apply to the Channel(s) continued in use, however, other Local Access and/or Ancillary Charges may apply depending on the nature of the change in Service arrangement requested. The Service Commitment Period for the Network Nodes continued in use is determined from the Start of Service Date.
15. Inspection
The Company may, upon notice, make such tests and inspections as may be necessary to determine that the requirements of this Tariff are being complied with in the Installation, operation or maintenance of Customer or the Company's equipment. The Company may interrupt the Service at any time, without penalty to the Company, because of departure from any of these requirements.
16. Testing and Adjustment
Upon reasonable notice, the Service provided by the Company shall be made available to the Company for such tests and adjustments as may be necessary to maintain them in satisfactory condition; no interruption allowance will be granted for the time during which such tests and adjustments are made.
17. Interconnection with Other Carriers
.01 Service furnished by the Company may be connected with Services or facilities of another carrier. Such interconnection may be made as authorized by the Company at the Company POP or entrance site, at a POP of another carrier, or at the Customer Premises, or premises of an Authorized User. Service furnished by the Company is not part of a joint undertaking with such other carriers.
.02 Any special interface equipment or facilities necessary to achieve compatibility between the facilities of the Company and other participating carriers shall be provided at the Customer's expense. Upon the Customer's request and acting as its authorized agent, the Company will attempt to make the necessary arrangements for such interconnection.
18. Customer Provided Equipment
Customer Premises Circuit terminating equipment such as Routers, Bridges, FRADs shall be provided by the Customer and furnished and maintained at the Customer's expense, except as expressly provided otherwise in writing and set forth in a Service Application accepted by an authorized representative of Company.
19.
.20 Specialized Customer Arrangements:
Each Specialized Customer Arrangement (SCA) is an individually negotiated contract offering tailored to meet the telecommunications needs of the customer for whom the offering was designed. Each SCA contains a service, or combination of services, and includes supplemental terms and conditions. An SCA may address one or more of the following customer needs related to the provision and receipt of telecommunications service(s) under this Tariff: special provisioning flexibility; special network monitoring; special outage credit provisions; special "turnkey" operation; and other specially developed features, functionalities or undertakings. An SCA may also address, or be responsive to, special competitive conditions that exist at the time an SCA is agreed to between the company and a customer. Unless otherwise specifically provided for in Section VII of this Tariff, and its appendix, each SCA is available to all similarly situated customers for a period of thirty (30) days following the date of its publication in the Service Publication and Price Guide at www.wcom.com. The Customer must agree to service installation no later than thirty (30) days following enrollment in the SCA. When SCA terms and conditions not affecting charges are inconsistent with this Tariff, the terms and conditions of the SCA will control.
(a)
(b)
(c)
III. TECHNICAL STANDARDS
1. Application of Technical Standards
The following Technical Standards for WorldCom and WorldMark Frame Relay Services set forth objectives for Company to follow, and are listed in accordance to telecommunications industry standards. In no circumstance shall these Technical Standards be construed as creating any warranty on the part of Company, with the exception of those warranties expressly set forth in the preceding sections of this Tariff.
2. Performance Specifications
ANSI T1-617 Annex D
ANSI T1-618
CCITT (ITU) Q.933 Annex A
CCITT (ITU) Q.922
IV. WORLDCOM FRAME RELAY SERVICE OFFERINGS
In addition to other service-related charges, FUSF, Administrative Expense Fee and CCRC apply.
1. WorldCom Frame Relay Service is offered in the form of PVCs dedicated to the use of a specific Customer. For Service ordered on or after January 1, 1996 (i.e., initial installation of Service, or month-to-month Service) the Base Rate applicable to each type of WorldCom Frame Relay Service is set forth in this section.
A. Customers subscribing to WorldCom Frame Relay Service may order Service on a month to month basis or for Service Commitment Periods of one, two, three, four or five years.
B. Customers of each type of WorldCom Frame Relay Service who subscribe (on a per Network Node basis) for Service Commitment Periods ranging from one to five years, inclusive, will receive a discount for the term of the Service Commitment Period and volume discount based upon the aggregate dollar volume of Base Rate Charges to Customer. Notwithstanding the foregoing, Service to certain cities as indicated in Section IV.10.`3 will not be subject to any discount. WorldCom Frame Relay Service subject to the foregoing discount restrictions shall be referred to as "Restricted Service".
C. The term "Minimum Monthly" as it appears in the discount tables set forth in this Section IV., shall mean the aggregate of all Base Rate charges for each WorldCom Frame Relay Service (regardless of whether such Base Rate Charges are themselves subject to any discount limitation) which in total amount to, but do not include, the amount stated at each level of the relevant discount schedule (e.g. $0 - $2499, $2500 - $4999, etc.).
D. Other charges which may be applicable are Nonrecurring Charges (Sections IV.6 and IV.7), Ancillary charges (Section IV.8), Local Access charges (Section IV.9) and Taxes (Section II.9..01 and .02).
.01 WorldCom Frame Relay Network Port Base Rates
Customers of WorldCom Frame Relay Service as of November 7, 1998 will receive the rates in (A) pursuant to the following stated conditions:
- Month-to-Month Customers will receive the rates in (A) for existing circuits as of November 7, 1998 until December 31, 1998; new circuits ordered after November 7, 1998, will receive the rates in (B).
1, 2, 3, 4 or 5 year Term Plan Customers will receive the rates in (A) for existing circuits as of November 7, 1998 until the Term Plan expires; new circuits ordered after November 7, 1998, will receive the rates in (B).
Revenue Plan Customers will receive the rates stated in their contract for existing circuits as of November 7, 1998 and new circuits after that date; if the contract does not contain specific rates, the Customer will receive the rates in (B) for new circuits ordered after November 7, 1998.
New Customers of WorldCom Frame Relay Service after November 7, 1998, will receive the rates in (B).
(A) The monthly recurring WorldCom Frame Relay Network Port base rates for circuits prior to November 7, 1998 (the "Network Port Base Rates") are as follows:
Monthly Recurring
Port Speed (Kbps) Network Port Base Rates
56/64 $ 286
128 534
256 631
384 931
512 1,175
768 1,506
1024 1,881
1536 2,373
3072 4,257
4608 4,588
6144 4,887
7680 5,316
9216 5,604
10752 6,494
12288 7,008
19800 8,551
These rates are no longer available to new Customers as of November 7, 1998.
(B) The monthly recurring WorldCom Frame Relay Network Port base rates for circuits order after November 7, 1998 (the "Network Port Base Rates") are as follows:
Monthly Recurring
Port Speed (Kbps) Network Port Base Rates
56/64 $ 325
128 586
256 846
384 1,066
512 1,314
768 1,620
1024 2,211
1536 2,828
3072 4,448
4608 5,254
6144 5,905
7680 6,719
9216 7,785
10752 8,590
12288 9,393
19800 9,582
These rates are no longer available to new Customers as of November 7, 1998.
Monthly Recurring
CIR (Kbps) CIR Base Rates
16 $ 17.30
32 34.60
48 51.90
56 69.20
64 69.20
96 138.40
112 138.40
128 138.40
168 207.60
192 207.60
224 276.80
256 276.80
280 346.00
320 346.00
336 415.20
384 415.20
392 484.40
448 484.40
504 622.80
512 553.60
560 692.00
576 622.80
616 761.20
640 692.00
672 830.40
704 761.20
728 899.60
768 830.40
784 968.80
832 899.60
840 1038.00
896 968.80
960 1,038.00
1008 1,245.60
1024 1,107.20
1120 1,384.00
1152 1,245.60
1232 1,522.40
1280 1,384.00
1344 1,660.80
.02 WorldCom Frame Relay CIR Base Rates
The monthly recurring CIR base rates apply, based on CIR:
Monthly Recurring
CIR (Kbps) CIR Base Rates
1408 $ 1,522.40
1536 1,660.80
1984 2,145.20
2688 3,321.60
3072 3,321.60
3584 3,875.20
4032 4,982.40
4096 4,428.80
4608 4,982.40
5120 5,536.00
5376 6,643.20
5632 6,089.60
6144 6,643.20
6720 8,304.00
6912 7,473.60
7680 8,304.00
8064 9,964.80
8448 9,134.40
9216 9,964.80
9408 11,625.60
9984 10,795.20
10752 11,625.60
11520 12,456.00
12288 13,286.40
.03 WorldCom Frame Relay Discounts
Customers of WorldCom Frame Relay Service as of November 7, 1998 will receive the discounts in (A) pursuant to the following stated conditions:
1, 2, 3, 4 or 5 year Term Plan Customers will receive the discounts in (A) for existing circuits as of November 7, 1998 until the Term Plan expires; new circuits ordered after November 7, 1998, will cite the discounts stated in (B).
Revenue Plan Customers will cite the discount schedule stated in their contract for existing circuits.
New Customers of WorldCom Frame Relay Service after November 7, 1998, will receive the discounts stated in (B).
(A) WorldCom Frame Relay Discounts (the "Discounts") are as follows, based on Service Commitment Period.
Service Commitment Period/Discount
Minimum
Monthly 1 Year 2 Years 3 Years 4 Years 5 Years
$ 0 4% 5% 7% 9% 14%
2,500 6 7 9 12 16
5,000 7 9 11 14 18
7,500 9 10 13 16 20
10,000 10 12 15 19 22
15,000 11 14 17 21 24
20,000 12 15 18 23 27
30,000 13 16 19 24 28
40,000 14 17 20 25 29
50,000 15 18 21 26 30
(B) For New Service after November 7, 1998, with a term of one, two, three, four, or five years, the WorldCom Frame Relay Discounts (the "Discounts") are as follows, based on Service Commitment Period.
Service Commitment Period/Discount
Minimum Annual 1 2 3 4 5
Monthly Commitment Year Years Years Years Years
$ 100 $ 1,200 1% 2% 3% 4% 5%
250 3,000 1 2 3 4 5
500 6,000 1 2 3 4 5
1,000 12,000 2 3 4 5 6
2,000 24,000 5 6 7 8 9
3,000 36,000 6 7 9 10 12
4,000 48,000 7 8 10 12 14
5,000 60,000 8 10 12 14 16
7,000 84,000 9 11 14 16 18
10,000 120,000 12 14 17 19 21
15,000 180,000 13 15 18 20 22
25,000 300,000 14 17 20 23 25
50,000 600,000 16 19 22 25 27
These discounts are no longer available to new Customers as of November 7, 1998.
2. PRICE PROTECTION PLAN
The WorldCom Frame Relay Service Price Protection Plan is no longer available to new Customers or for additional circuits for those Customers currently under a Price Protection Plan as of February 3, 1999.
Customers who select a Service Commitment Period for WorldCom Frame Relay Service of one, two, three, four, or five years after June 1, 1996, are automatically enrolled in the Price Protection Plan as described below. During the Service Commitment Period, Customer shall have the option to obtain the discount schedule for such WorldCom Frame Relay Service which is equal to Company's then-current discount schedule under this Tariff for WorldCom Frame Relay Service ("Published Price") upon the following conditions of the Price Protection Plan.
Under the Price Protection Plan, if at any time during the Service Commitment Period any discount rate on the applicable discount schedule is decreased ("New Discount Schedule") for that Service the Customer will continue to be charged the discount in effect at the time the Service Commitment Period was initially selected. If any discount rate on the applicable discount schedule is increased ("New Discount Schedule"), the Customer may obtain affected Service with the New Discount Schedule by executing a new Service Order for the Service in question, subject to a Service Commitment Period which is equal to or greater than the Service Commitment Period of the original Service arrangement ("Revised Service Commitment Period"). Any New Discount Schedule available to Customer pursuant to the foregoing provisions shall become effective with the commencement of the Revised Service Commitment Period as of a date not later than the first day of the latest calendar month/billing period occurring within the sixty (60) days next following Customer's execution and submission of the above-referenced new Service Order to Company.
Customers who selected a Service Commitment Period for WorldCom Frame Relay Service of one, two, three, four, or five years on or before May 31, 1996 are automatically enrolled in the Existing Customer Price Protection Plan as described below. During the Service Commitment Period, Customer shall have the option to obtain pricing for such WorldCom Frame Relay Service which is equal to Company's then-current pricing (i.e., Base Rates and discounts) under this Tariff for WorldCom Frame Relay Service ("Published Price") upon the following conditions of the Existing Customer Price Protection Plan.
Under the Existing Customer Price Protection Plan, if at any time during the Service Commitment Period the Base Rates are increased for that Service the Customer will continue to be charged at the Base Rate in effect at the time the Service Commitment Period was initially selected.
Under the Existing Customer Price Protection Plan, if at any time during the Service Commitment Period any discount rate on the applicable discount schedule is decreased ("New Discount Schedule") for that Service the Customer will continue to be charged the discount in effect at the time the Service Commitment Period was initially selected. The Existing Customer Price Protection Plan shall only be effective for the duration of the term of the Service Commitment Period for WorldCom Frame Relay Service selected by Customer before or on May 31, 1996, or any renewals thereof. The Existing Customer Price Protection Plan shall also apply to additional services ordered during the Service Commitment Period for WorldCom Frame Relay Service selected by the Customer before or on May 31, 1996, or any renewals thereof.
3. REVENUE PLAN ARRANGEMENTS
The WorldCom Frame Relay Service Revenue Plan Arrangements are no longer available to new Customers as of November 7, 1998. All new Customers of Frame Relay Service after November 7, 1998 will receive the MCI WorldCom Frame Relay Network Pricing Plans (HPP) as described in Section C.3.354 of MCI Telecommunications Tariff F.C.C. No. 1 (filed Pursuant to Special Permission No. 98-223 of the Federal Communications Commission.
.01 Only by written Service Application, which is accepted by an authorized representative of Company, may Customers obtain a Revenue Plan Arrangement ("Revenue Plan") for the WorldCom Frame Relay Service Section IV.1 through Section IV.3 which is not Restricted Service ("Qualifying WorldCom Frame Relay Service"). Each Revenue Plan shall be subject to a Customer Commitment Period (defined below) of at least one, two, three, four or five years. The period between the effective date of a Revenue Plan and the expiration of the Customer Commitment Period shall be referred to as the "Term" of the Revenue Plan.
.02 From and after the effective date of a Revenue Plan and subject to the provisions of this Section IV.3., Customer may submit Service Orders for Qualifying WorldCom Frame Relay Service subject to the discounts in effect under this Tariff at the time the Service Application for the Revenue Plan is executed by Customer and Company. Subject to other applicable provisions of this Tariff, Company will accept such Service Orders provided the Requested Service Dates therefor do not occur later than a date six (6) months prior to the expiration of the Term ("Plan Installation Period").
.03 The Service Commitment Period applicable to each Network Node of Qualifying WorldCom Frame Relay Service between the cities set forth in Section IV.9 shall be the longer of a period equal to: (i) the period commencing with the Start of Service Date therefor and continuing until the expiration of the Term applicable to the Revenue Plan in question; or (ii) six (6) months. Upon the expiration of the Term of a Revenue Plan, all monthly recurring charges relevant to Qualifying WorldCom Frame Relay Service (other than Qualifying WorldCom Frame Relay Service that has not completed its Service Commitment Period) will revert to Company's then current Base Rates and month-to-month Service Commitment Period discount, if any, applicable to Qualifying WorldCom Frame Relay Service then provided. Upon the expiration of the Service Commitment Period relevant to each Network Node comprising Qualifying Frame Relay, such Service will be subject to termination by either Customer or Company upon not less than thirty (30) days prior written notice to the other party.
.04 Each Service Application for a Revenue Plan will set forth the "Customer Commitment Period" which shall be the period over which Customer shall obtain WorldCom Frame Relay Service subject to Base Rate Charges at least equal to the "Minimum Monthly Commitment."
A. The lowest Minimum Monthly Commitment available for Revenue Plans is $2,500. The Minimum Monthly Commitment under a Revenue Plan will not include pro-rated charges for WorldCom Frame Relay Service, Local Access charges, Ancillary Service charges, Taxes or any other recurring and non-recurring charges for collocation of Customer equipment in Company POPs or other services provided to Customer by Company.
B. The length of the Customer Commitment Period and the Minimum Monthly Commitment for both domestic WorldCom Frame Relay Service and domestic WorldCom Private Line Service, will determine the applicable discount of the Base Rates for Qualifying WorldCom Frame Relay Service, i.e., for purposes of determining the applicable discount of the Revenue Plan, the Customer Commitment Period equates to Service Commitment Period in the discount schedules and the Minimum Monthly Commitment equates to the applicable Minimum Monthly level in the discount schedules.
.05 Notwithstanding any provision of this Tariff to the contrary and provided Customer is not in default of its obligations pursuant to this Tariff, after a Service Order for Qualifying WorldCom Frame Relay Service is accepted by Company, Customer may cancel all or a portion of the Service described in the Service Order if Customer provides written notification thereof to Company thirty (30) days in advance of the effective date of cancellation. In such case, Customer shall pay to Company all charges for such Service provided through the effective date of cancellation plus a cancellation charge determined as follows:
A. Prior to Start of Service, the cancellation charge shall be an amount equal to one (1) month's Base Rate Charges (then in effect at the time of cancellation) for the WorldCom Frame Relay Service in question plus all non-recurring charges which would have otherwise been due (e.g., Installation charges) upon Start of Service therefor and costs, if any, reasonably incurred by Company from third parties (e.g., Local Access providers or interconnecting carriers) as a result of such cancellation.
B. Following Start of Service, the cancellation charge shall be an amount equal to six (6) times the monthly recurring Base Rate Charges (then in effect at the time of cancellation) for the WorldCom Frame Relay Service in question less Base Rate Charges for such Service actually provided to Customer through the effective date of cancellation (but in no event less than zero) plus costs, if any, reasonably incurred by Company from third parties (e.g., Local Access providers or interconnecting carriers) as a result of such cancellation.
Cancellation of any WorldCom Frame Relay Service comprising Restricted Service and further authorized by Company to be included in the Aggregate Base Rate charges (defined in Section IV.3..04) relevant to a Revenue Plan will be subject a cancellation charge in accordance with Section II.3.
.06 Commencing with the first calendar month/billing period of the Customer Commitment Period and continuing for each calendar month/billing period thereafter through the expiration of the Customer Commitment Period, the Customer subscribing to the Revenue Plan will obtain WorldCom Frame Relay Service from Company pursuant to this Tariff which is subject to an aggregate of applicable Base Rate Charges ("Aggregate Base Rate Charge") equal to the Minimum Monthly Commitment. The Aggregate Base Rate Charge does not include pro-rated charges for WorldCom Frame Relay Service, Local Access charges, Ancillary Service charges, Taxes or any other recurring and non recurring charges for collocation of Customer equipment in Company POPs or other services provided to Customer by Company.
.07 If Customer's Aggregate Base Rate Charge for any month in the Customer Commitment Period is less than the applicable Minimum Monthly Commitment, Customer shall pay Company the difference between the Aggregate Base Rate Charge for the month in question and the Minimum Monthly Commitment ("Deficiency Charge").
A. The Deficiency Charge shall be in addition to the charges for Qualifying WorldCom Frame Relay Service and all other Service provided pursuant to the Revenue Plan.
B. The Deficiency Charge, if any, shall be due at the same time payment is due for Customer's monthly recurring charges.
.08 In the event:
A. Customer fails to pay the Deficiency Charge on or before thirty (30) days from its Due Date and after ten (10) days written notice thereof to Customer by Company (which notice may refer generally to an unpaid balance of Customer's account); or,
B. Customer fails to pay the Deficiency Charge on or before thirty (30) days from the Due Date therefor on two (2) or more occasions within a six (6) month period; or,
C. Service is terminated or suspended pursuant to the provisions of Section II.5.;
Company may terminate all Service provided to Customer pursuant to the Revenue Plan and make due for immediate payment a charge ("Plan Termination Charge") in an amount equal to the greater of the following:
1. If the termination becomes effective prior to completion of the first year of the Customer Commitment Period, then the charge shall be an amount equal to the balance of the then-current Minimum Monthly Commitment times the number of months (or pro rata portion thereof) remaining in the Customer Commitment Period (i.e., the period during which such commitment was to be maintained) plus scheduled adjustments to the Minimum Monthly Commitment, if any, multiplied by the number of months relevant to the periods (or pro rata portion thereof) associated with such adjusted Minimum Monthly Commitment(s) through the expiration of the first year of the Customer Commitment Period plus twenty-five percent (25%) of the balance of such monthly Minimum Monthly Commitment(s) for the remainder of the Customer Commitment Period beyond the first year; or
2. If the termination becomes effective after completion of the first year of the Customer Commitment Period, then the charge shall be an amount equal to twenty-five percent (25%) of the balance of the then-current Minimum Monthly Commitment times the number of months (or pro rata portion thereof) remaining in the Customer Commitment Period (i.e., the period during which such commitment was to be maintained) plus scheduled adjustments to the Minimum Monthly Commitment, if any, multiplied by the number of months relevant to the periods (or pro rata portion thereof) associated with such adjusted Minimum Monthly Commitment(s) through the expiration of the Customer Commitment Period; or
3. If at the time of termination: (i) the Service Commitment Period for each Circuit comprising Qualifying WorldCom Frame Relay Service between the cities set forth in Section IV.9. is six (6) months, and (ii) the Service Commitment Period of any other Circuit obtained under the Revenue Plan is Restricted, then the charge will be an amount equal to the total cancellation charges, if any, which would otherwise be applicable to the cancellation of WorldCom Frame Relay Service in accordance with Section II.3.; provided, that in any case the effective date of cancellation shall be deemed to be the date of termination or any earlier date of suspension; and
Regardless of whether Clause 1., 2. or 3. is determined to be the greater amount, the Customer is also liable for any charges, expenses, fees, or penalties incurred by Company or its affiliated companies due to cancellation of Local Access plus any costs, expenses, or additional charges reasonably incurred by Company on behalf of Customer as Customer's agent.
.09 In the event: (a) an individual Circuit comprising Qualifying WorldCom Frame Relay Service under a Revenue Plan is canceled by Customer prior to completion of the Service Commitment Period relevant to the Circuit in question; or (b) Customer fails to obtain the requisite Aggregate Base Rate Charge during the Customer Commitment Period in order to maintain the then applicable Minimum Monthly Commitment; or (c) a Revenue Plan is subject to termination under the provisions of Section IV.3..08.C, Company's damages are difficult or impossible to ascertain, therefore, the foregoing provisions providing for individual Node cancellation liability of Customer, Deficiency Charges and/or Plan Termination Charges are intended to establish liquidated damages in the event of an early termination of individual Nodes subject to a Revenue Plan, a deficiency in the Minimum Monthly Commitment or termination of a Revenue Plan prior to fulfilling the Minimum Monthly Commitment for each and every month of the Customer Commitment Period and do not represent a penalty of any kind.
.10 During the Customer Commitment Period, Customer shall have the option to obtain pricing for all Qualifying WorldCom Frame Relay Service which is equal to the Companys then-current pricing, (i.e., Base Rates and discounts) under this Tariff for Qualifying WorldCom Frame Relay Service ("Published Price") upon the conditions of the Price Protection Plan described in Section IV.2..10 with the following exceptions. Customer must elect to exercise such option within thirty (30) days following the Companys notice of an adjustment to Companys Published Price. The Price Protection Plan will be available to Customer, provided Customer is not in default of its obligations pursuant to this Tariff and will apply to Qualifying WorldCom Frame Relay Service.
A. If Customer elects to exercise such option at any time following the Commencement Date and continuing for a period ending twelve (12) months preceding the expiration of the Customer Commitment Period, Customer must execute an amendment to the Revenue Plan agreement within thirty (30) days of the receipt of the Companys notification of a Published Price adjustment. The amendment to the Revenue Plan agreement will set forth the then-current Published Price for all Qualifying WorldCom Frame Relay Service. The adjustment, if any, of the monthly recurring charges for Qualifying WorldCom Frame Relay Service will have an effective date not later than the first day of the latest calendar month/billing period occurring within the sixty (60) days next following Customer's execution and delivery of such amendment to Company.
B. If Customer elects to exercise such option at any time within a period of twelve (12) months preceding the expiration of the Customer Commitment Period, Customer must execute a superseding Revenue Plan agreement within thirty (30) days of the receipt of the Companys notification of a Published Price adjustment. The superseding Revenue Plan agreement will set forth (a) the then-applicable Published Price for all Qualifying WorldCom Frame Relay Service, (b) a Minimum Monthly Commitment equal to or greater than the then current Minimum Monthly Commitment, and (c) a revised Customer Commitment Period of at least one (1) year. The new Revenue Plan will have an effective date not later than the first day of the calendar month/billing period occurring within the sixty (60) days next following Customer's execution and delivery of the new Revenue Plan agreement to Company.
C. In the event of a reduction (and only such reduction) in applicable charges pursuant to this Section IV.3..10 causes the Aggregate Base Rate Charges to fall below the Minimum Monthly Commitment of the Revenue Plan then in effect, Customer may obtain a revision to the Minimum Monthly Commitment equal to the new level of Aggregate Base Rate Charges after applying the relevant Published Price to Qualifying WorldCom Frame Relay Service, provided, however, the applicable discounts shall also be adjusted to the corresponding Minimum Monthly level set forth in the discount schedules.
.11 Notwithstanding any provisions of this Tariff to the contrary and provided Customer is not in default of its obligations pursuant to this Tariff, Customer may cancel and upgrade Qualifying WorldCom Frame Relay Service, to higher speed Qualifying WorldCom Frame Relay Service ("Replacement WorldCom Frame Relay Service"), without being subject to any cancellation charge relevant to Company's WorldCom Frame Relay Service pursuant to this Tariff under the following conditions:
A. Customer provides Company with a minimum forty-five (45) calendar days notice prior to the effective date of such cancellation and concurrently therewith submits a Service Order for Replacement WorldCom Frame Relay Service having a Requested Service Date therefor concurrent with the effective date of such cancellation;
B. The Replacement WorldCom Frame Relay Service is available; and,
C. The cities served by the WorldCom Frame Relay Service affected by the upgrade continue to be served by the Replacement WorldCom Frame Relay Service.
D. Customer will be liable for costs, if any, reasonably incurred by Company from third parties (e.g., Local Access providers or interconnecting carriers) as a result of such cancellation, provided Company notifies Customer of such costs within a reasonable time following receipt of Customer's Service Order to effect a cancellation under this Section and obtain Replacement WorldCom Frame Relay Service and Customer does not cancel the Service Order in question.
4. CUSTOMER PROVIDED EQUIPMENT
Customer Premises Circuit terminating equipment such as Routers, Bridges, FRADs shall be provided by the Customer and furnished and maintained at Customer's expense in accordance with the rules and regulations in Section II.
5. APPLICATION OF NONRECURRING CHARGES
.01 Installation Charges
Charges apply when the Customer requests new or additional Service.
.02 Expedite Charges
Company charges for the Expedited handling of the Service order. Company will pass along to the Customer any Local Access Provider Expedite charges associated with the Customer's request for Expedited Installation.
.03 Change of Requested Service Date
A change of Requested Service Date charge applies when a change of Requested Service Date is the only requested modification to the original Service order.
A. If the first requested change of the Requested Service Date is received more than ten (10) working days prior to the Requested Service Date, there will be no charge.
B. If the Requested Service Date has been changed once already, or if the request is made within ten (10) days of the original Requested Service Date, a charge will apply.
C. An ASR charge will be assessed whenever a change of Requested Service Date is requested on Service orders including Company‑ordered Local Access.
D. When the Customer requests that its Requested Service Date be extended, the new Requested Service Date must be within thirty (30) days of the previously set Requested Service Date. If the new Requested Service Date is more than thirty (30) days beyond the existing Requested Service Date or unknown, the Service order must be canceled and re‑issued when a confirmed date is set. A charge for a change of Requested Service Date also applies when the Customer requests an earlier Requested Service Date that does not require an Expedite. Should an Expedite be required, the Expedite Charge supersedes the change of Requested Service Date charge.
.04 Change of Order Charges
A. Charges apply when a Customer requests a modification to the information contained in the original Service order prior to Customer acceptance of the Node other than a change of Requested Service Date.
B. Administrative Charges
If an ASR must be submitted to the Local Access Provider as a result of changes to Customer records such as billing address change, billing contact change, etc., then the Customer will be charged an ASR charge.
C. Network Node Charges
Charges apply if the change necessitates a modification of the Network Nodes.
D. Local Access Service Charges
Charges apply if the change requires a change in the original ASR or if a new ASR must be submitted.
.05 Order Cancellation Charges
Charges apply for Service orders canceled prior to Customer acceptance. These charges are intended to supplement any Service Cancellation charges set forth in Section II. Order cancellation charges are in addition to standard Installation charges.
.06 Change of Service Charges
Charges apply to changes made after a Node has been accepted by the Customer.
A. Administrative Charges
If an ASR must be submitted to the Local Access Provider as a result of Customer‑requested changes in Service, the Customer will be charged an ASR charge.
B. Re‑engineering Charges
Charges apply for orders that are re‑engineered due to a Customer‑requested change in local Service type. Changes which require only modification of Local Access, but do not affect WorldCom Frame Relay Service will only be charged for the ASR. Any Local Access Provider charges incurred because of the change will be passed on to the Customer.
.07 Additional Installation/Maintenance
A. Charges apply when the Customer requests Installation or Network Node changes during non‑business hours.
B. Charges apply when the Customer requests a technician at the Customer Premises or trouble that results from problems in the Customer's equipment.
C. Charges apply when the Customer requests the provision of engineering design or other activities which are not normally provided as a part of the design and Installation of Service.
6. NONRECURRING CHARGES
.01 Order expedite charges per port $600
.02 Order Cancellation charges per Port
(pre-engineering) $100
.03 Order Cancellation charges per Port
(post-engineering) $250
.04 Change of Requested Service Date
charges per Port $100
.05 Administrative Change of Order
charges per Port N/A
.06 Non-administrative Change of Order
charges per Port (pre-engineering) $100
.07 Non-administrative Change of Order
charges per Port (post-engineering) $250
.08 U.S. DS-0 ASR charges per access $25
.09 U.S. DS-1 ASR charges per access $50
7. APPLICATION OF ANCILLARY CHARGES
.01 Collocation Charges
Collocation charges apply when a Customer contracts with Company to utilize space in Company Point-of-Presence locations for placement of Customer owned and maintained equipment associated with Services Company provides. All pricing for collocation including: floor space, power, rack space, DSX-1 or DSX-3 cross-connect panels, etc., is dependent on Customer requirements.
8. Local Access Charges
.01 Local Access charges are subject to the provisions of Section II.2..10. The rate information relevant to Local Access charges is available from the relevant Local Exchange Carriers.
.02 Dedicated Access provided to Tier C Cities, as defined in Section IV.10, may be subject to an additional charge.
9. Available Cities Listing
WorldCom Frame Relay Service is available between the following cities at the Base Rates listed in this Section IV.
.01 Tier A Cities - Applicable to Customers having service prior to November 7, 1998.
The Base Rate for Service between cities listed in Section IV.9.1 or IV.9.2 will be included when determining a Customer's Minimum Monthly discount level as it appears in the relevant discount table set forth in this Section IV. and will receive the resulting discount. This Tier A Cities Listing is applicable to Customers having WorldCom Frame Relay Service prior to November 7, 1998, pursuant to the conditions stated in Section IV.1.01 and in Section IV.1.03.
ABILENE, TX
ADDISON, TX
AKRON, OH
ALBANY, GA
ALBUQUERQUE, NM
ATLANTA, GA
AUGUSTA, GA
BALTIMORE, MD
BATON ROUGE, LA
BEAUMONT, TX
BELLVUE, WA
BENSONVILLE, ILBEVERLY HILLS, CA
BILLERICA, MA
BOCA RATON, FL
BOISE, ID
BOSTON, MA
BOUND BROOK, NJ
BOULDER, CO
BROOK PARK, OH
BURBANK, CA
CARMEL, IN
CEDAR RAPIDS, IA
CHARLOTTE, NC
CHATTANOOGA, TN
CHICAGO, IL
CINCINNATI, OH
CLEVELAND, OH
COCKEYSVILLE, MD
COCOA BEACH, FL
COLLEGE PARK, MD
COLORADO SPRINGS,CO
COLUMBIA, MO
COLUMBIA, SC
COLUMBUS, OH
DALLAS, TX
DAVENPORT, IA
DAYTONA BEACH, FL
DAYTON, OH
DENVER, CO
DES MOINES, IA
DETROIT, MI
EDISON, NJ
ELK GROVE, IL
EL PASO, TX
EL SEGUNDO, CA
EVANSVILLE, IN
FRAMINGHAM, MA
FT LAUDERDALE, FL
FT PIERCE, FL
FT WORTH, TX
GAINESVILLE, FL
GAITHERSBURG, MD
GLENDALE, CA
HARTFORD, CT
HAYWARD, CA
HOUSTON, TX
INDEPENDENCE, OH
INDIANAPOLIS, IN
IOWA CITY, IA
IRVING, TX
JACKSONVILLE, FL
JOPLIN, MO
KANSAS CITY, MO
KING OF PRUSSIA, PA
LAKE CHARLES, LA
LAKELAND, FL
LAS VEGAS, NV
LITTLETON, CO
LIVINGSTON, NJ
LONGVIEW, TX
LOS ANGELES, CA
MACON, GA
MCLEAN, VA
MELBOURNE, FL
MEMPHIS, TN
MERCERVILLE, NJ
MIAMI, FL
MIDLAND, TX
MINNEAPOLIS, MN
MOBILE, AL
MONTGOMERY, AL
MORRISTOWN, NJ
NAPERVILLE, IL
NASHVILLE, TN
NEW ORLEANS, LA
NEW YORK, NY
NEWARK, NJ
OKLAHOMA CITY, OK
OMAHA, NE
ONTARIO, CA
ORLANDO, FL
PALO ALTO, CA
PHILADELPHIA, PA
PHOENIX, AZ
PITTSBURGH, PA
PORTLAND, OR
PUEBLO, CO
RALEIGH, NC
REDMOND, WA
RICHMOND, VA
RENO, NV
RUTHERFORD, NJ
SACRAMENTO, CA
SALT LAKE CITY, UT
SAN CARLOS, CA
SAN FRANCISCO, CA
SANTA CLARA, CA
SANTA MONICA, CA
SAVANNAH, GA
SCHAUMBURG, IL
SEATTLE, WA
SHREVEPORT, LA
SMYRNA, GA
SOUTH BEND, IN
SOUTHFIELD, MI
SPRINGFIELD, MA
SPRINGFIELD, MO
ST AUGUSTINE, FL
ST LOUIS, MO
STAMFORD, CT
STUART, FL
TALLAHASSEE, FL
TAMPA, FL
TOLEDO, OH
TOPEKA, KS
TUCSON, AZ
TULSA, OK
VERO BEACH, FL
WALTHAM, MA
WASHINGTON, D.C.
WEST PALM BEACH, FL
WHEELING, IL
WHIPPANY, NJ
WHITE PLAINS, NY
WICHITA, KS
WorldCom Frame Relay Service is available between the following cities at the Base Rates listed in this Section IV.
.02 Tier A Cities - Applicable to new Customers having service after November 7, 1998. The Base Rate for Service between cities listed in Section IV.9.1 or IV.9.2 will be included when determining a Customer's Minimum Monthly discount level as it appears in the relevant discount table set forth in this Section IV. and will receive the resulting discount.
This Tier A Cities Listing is applicable to new Customers of WorldCom Frame Relay Service after November 7, 1998, pursuant to the conditions stated in Section IV.1.01 and in Section IV.1.03.
ABILENE, TX
AKRON, OH
ALBANY, GA
ALBANY, NY
ALBUQUERQUE, NM
ANN ARBOR, MI
ASHEVILLE, NC
ATLANTA, GA
AUBURN, CA
AUGUSTA, GA
AUSTIN, TX
AVON PARK, FL
BOCA RATON, FL
BOUND BROOK, NJ
BUFFALO, NY
BAKERSFIELD, CA
BROOK PARK, OH
BOULDER, CO
BELLINGHAM, WA
BELLEFONTAINE, OH
BELLEVUE, WA
BELPRE, OH
BILLERICA, MA
BALTIMORE, MD
BLOUNTSTOWN, FL
BINGHAMPTON, NY
BENSENVILLE, IL
BOISE, ID
BROKEN ARROW, OK
BURBANK, CA
BIRMINGHAM, AL
BIRMINGHAM, MI
BOSTON, MA
BATON ROUGE, LA
BEAUFORT, SC
BEAUMONT, TX
BURLINGTON, NC
BURLINGTON, VT
BEVERLY HILL, CA
BEAVERTON, OR
CHARLTON, MA
CAMBRIDGE, MA
CANOGA PARK, CA
CARMEL, IN
CEDAR RAPIDS, IA
CENTERVILLE, VA
CHAMPAIGN, IL
CHAPEL HILL, NC
CHARLOTTE, NC
CHARLOTTESVILLE, VA
CHATTANOOGA, TN
CHICAGO, IL
CINCINNATI, OH
CIRCLE CITY, AZ
CLEARWATER, FL
CLEVELAND, OH
CLIMAX, MI
COCKEYSVILLE, MD
COCOA, FL
COLLEGE PARK, MD
COLORADO SPRINGS, CO
COLUMBIA, MO
COLUMBIA, SC
COLUMBUS, IN
COLUMBUS, OH
COMPTON, CA
CONCORD, NC
CORPUS CHRISTI, TX
CORVALLIS, OR
CULPEPER, VA
DALLAS, TX
DANBURY, CT
DANVILLE, VA
DAVENPORT, IA
DAVIS, CA
DAYTONA BEACH, FL
DAYTON, OH
DEARBORN, MI
DENVER, CO
DES MOINES, IA
DETROIT, MI
DONNER'S GROVE, IL
DOUGLASVILLE, GA
DUNWOODY, GA
DURHAM, NC
EAU CLAIRE, WI
EDISON, NJ
ELK GROVE VILL, IL
EL PASO, TX
EL SEGUNDO, CA
EL TORO, CA
EVANSVILLE, IN
EVERETT, WA
FAIRFIELD, CA
FAIR OAKS, CA
FALLS CHURCH, VA
FARMINGDALE, NY
FLINT, MI
FLORENCE, SC
FOLSOM, CA
FORT LAUDERDALE, FL
FORT WORTH, TX
FOSTORIA, OH
FRAMINGHAM, MA
FREDERICKSBURG, VA
FREMONT, CA
FT. PIERCE, FL
FT. WALTON BEACH, FL
FT. WAYNE, IA
GAINSVILLE, FL
GAITHERSBURG, MD
GALION, OH
GARDEN CITY, NY
GIBSONIA, PA
GLENDALE, CA
GRAND JUNCTION, CO
GREEN BAY, WI
GREENSBORO, NC
GREENVILLE, SC
GULFPORT, MS
HACKENSACK, NJ
HAMMOND, IN
HAMPTON, VA
HARLINGEN, TX
HARTFORD, CT
HARTWELL, GA
HAYWARD, CA
HICKSVILLE, NY
HIGHPOINT, NC
HILLBURN, NY
HOLLYWOOD, CA
HOPEWELL, VA
HOUSTON, TX
INDIANAPOLIS, IA
IOWA CITY, IA
IRVING, TX
JACKSON, MI
JACKSONVILLE, FL
JOHNSON CITY, TN
JOPLIN, MO
KANSAS CITY, MO
KING OF PRUSSIA, PA
KIRKLAND, WA
KNOXVILLE, TN
LACEY, WA
LANCASTER, PA
LAKE CHARLES, LA
LAKELAND, FL
LAS CRUCES, NM
LAS VEGAS, NV
LAUREL SPRINGS, NJ
LEBANON, OH
LEMARS, IA
LEXINGTON, NC
LINCOLN, NE
LITTLE ROCK, AR
LIVINGSTON, NJ
LODI, CA
LONG BEACH, CA
LONGVIEW, TX
LOS ANGELES, CA
LOUISVILLE, KY
LYNCHBURG, VA
LYNN HAVEN, FL
MACON, GA
MANCHESTER, MI
MANDARIN, FL
MAPLEWOOD, MN
MARTINSBURG, WV
MCCLEAN, VA
MCCOMB, OH
MCMINNVILLE, TN
MELBOURNE, FL
MEMPHIS, TN
MERCERVILLE, NJ
MIAMI, FL
MIDLAND, TX
MILWAUKEE, WI
MINNEAPOLIS, MN
MOBILE, AL
MONTGOMERY, AL
MORRISTOWN, NJ
MOUNTAIN VIEW, CA
NAPERVIEW, IL
NASHUA, NH
NASHVILLE, TN
NATICK, MA
NEWARK, NJ
NEW BRIGHTON, MN
NEW BRUNSWICK, NJ
NEW ORLEANS, LA
NEW PALESTINE, IN
NEW YORK, NY
NORFOLK, VA
NORTH DADE, FL
NORTH ROYALTON, OH
NORTHSACRAMENTO,CA
OAKBROOK, IL
OAK RIDGE, TN
OCEANSIDE, CA
OKLAHOMA CITY, OK
OMAHA, NE
ONTARIO, CA
ORANGEBURG, SC
OREGON, IL
ORLANDO, FL
PALMDALE, CA
PALO ALTO, CA
PAOLI, PA
PARK RIDGE, IL
PAWTUCKET, RI
PEMBROKE, NC
PENSACOLA, FL
PEORIA, IL
PERRYMAN, MD
PHILADELPHIA, PA
PHOENIX, AZ
PITTSBURG, PA
PLANO, TX
PLEASANTON, CA
PLEASANTVILLE, NJ
PORTLAND, ME
PORTLAND, OR
POTTSTOWN, PA
POUGHKEEPSIE, NY
PROVIDENCE, RI
PROVO, UT
PEUBLO, CO
RALEIGH, NC
RAMSEY, NJ
REDDING, CA
REDMOND, WA
REDWOOD CITY, CA
RENO, NV
RESTON, VA
RIALTO, CA
RICHMOND, CA
RICHMOND, VA
RIVERDALE, IL
ROANOKE, AL
ROCHESTER, NY
ROCKVILLE, MD
ROSEMEAD, CA
ROSEVILLE, CA
ROSSMOYNE, OH
RUTHERFORD, NJ
RYNEX, NY
SACRAMENTO, CA
SALINAS, CA
SALISBURY, NC
SALT LAKE CITY, UT
SAN ANTONIO, TX
SAN BRUNO, CA
SAN CARLOS, CA
SAN DIEGO, CA
SAN FRANCISCO, CA
SAN MATEO, CA
SANFORD, NC
SANTA ANA, CA
SANTA BARBARA, CA
SANTA CLARA, CA
SANTA FE, NM
SANTA MARIA, CA
SANTA MONICA, CA
SANTA ROSA, CA
SAN JOSE, CA
SARASOTA, FL
SAVANNAH, GA
SCHAUMBURG, IL
SEATTLE, WA
SHERMAN OAKS, CA
SHREVEPORT, LA
SIOUX FALLS, SD
SMYRNA, GA
SOUTH BEND, IA
SOUTHFIELD, MI
SPARTENBURG, SC
SPRINGFIELD, IL
SPRINGFIELD, MA
SPRINGFIELD, MO
ST. AUGUSTINE, FL
ST. JOSEPH, MO
ST. LOUIS, MO
ST. PAUL, MN
ST. PETERSBURG, FL
STAMFORD, CT
STEVENS POINT, WI
STOCKTON, CA
STORM LAKE, IA
STUART, FL
SUMMIT, IL
SUNNYVALE, CA
SYRACUSE, NY
TACOMA, WA
TALLAHASSEE, FL
TAMPA, FL
THOUSAND OAKS, CA
TOLEDO, OH
TOPEKA, KA
TRENTON, NJ
TROUTVILLE, VA
TROY, MI
TUCSON, AZ
TULSA, OK
UTICA, NY
VAN NUYS, CA
VENTURA, CA
VERO BEACH, FL
WACO, TX
WALNUT CREEK, CA
WALTHAM, MA
WARREN, OH
WARWICK, NY
WASHINGTON, DC
WATERLOO, IA
WAYNE, PA
WAYNESBORO, VA
WEST ORANGE, NJ
WEST PALM BEACH, FL
WHEELING, IL
WHIPPANY, NJ
WHITE PLAINS, NY
WICHITA, KS
WILLIAMSBURG, VA
WILMINGTON, DE
WINCHESTER, VA
WINTER HAVEN, FL
WOODBRIDGE, VA
WORCESTER, MA
YORK, PA
.03 Tier B Cities
This Tier B Cities Listing is applicable to Customers having WorldCom Frame Relay Service prior to November 7, 1998, pursuant to the conditions stated in Section IV.1.01 and in Section IV.1.03. After November 7, 1998, all Tier B Cities are reclassified as Tier A or Tier C Cities with the exception of those stated conditions. Cities marked with an asterisk (*) are Canadian Border Crossing Locations only. Cities marked with an octalthorpe (#) are available only for DS-1 Service.
The Base Rate for Service between cities listed in Sections IV.9.1 or IV.9.2 will be included when determining a Customer's Minimum Monthly discount level as it appears in the relevant discount table set forth in this Section IV. and will receive the resulting discount.
ALBANY, NY
ALLENTOWN, PA
ALTOONA, PA
AMARILLO, TX
ANAHEIM, CA
ANN ARBOR, MI
APPLETON, WI
ASHEVILLE, NC
AUSTIN, TX
BANGOR, ME#
BINGHAMTON, NY
BIRMINGHAM, AL
BLAINE, WA*
BLOOMINGTON, IL
BOWLING GREEN, KY
BROWNSVILLE, TX#
BRYAN, TX
BUFFALO, NY
BUFFALO, NY*
CALAIS, ME*
CARBONDALE, IL
CHAMPAIGN, IL
CHARLESTON, SC
CHICO, CA
COMPTON, CA
CORPUS CHRISTI, TX
CORVALLIS, OR#
CROSBY, ND*
CULPEPER, VA
DEKALB, IL
DETROIT, MI*
DULUTH, MN
DURHAM, NC
EAU CLAIRE, WI
ELMIRA, NY#
ERIE, PA
FAYETTEVILLE, NC
FEATHERSOUND, FL
FLORENCE, SC
FREDERICK, MD
FREDERICKSBURG, VA#
FT SMITH, AR
FT WAYNE, IN
GRAND RAPIDS, MI
GREEN BAY, WI
GREENSBORO, NC
GREENVILLE, SC
GULFPORT, MS
HACKENSACK, NJ
HARLINGEN,
TXHARRISBURG, PA
HINSDALE, IL
HUNTSVILLE, AL
JACKSON, MI#
JACKSON, MS
KALAMAZOO, MI#
KNOXVILLE, TN
LAFAYETTE, LA
LANCASTER, PA#
LANSING, MI
LINCOLN, NE
LITTLE ROCK, AR
LOUSIVILLE, KY
LUBBOCK, TX
LYNCHBURG, VA
MADISON, WI
MCALLEN, TX
MIDLAND, MI
MILWAUKEE, WI
MOERS FORKS, NY*
MORGANTOWN, WV
NASHUA, NH
NECHE, ND*
NEW BRUNSWICK, NJ
NORFOLK, VA
NORTHBROOK, IL
OAKLAND, CA
OCALA, FL
OWENSBORO, KY
PADUCAH, KY
PALM SPRINGS, CA
PENSACOLA, FL
PEORIA, IL
PIGEON RIVER, MN*
PINE BLUFF, AR
PLEASENTVILLE, NJ
POUGHKEEPSIE, NY
PROVIDENCE, RI
QUINCY, IL
REDDING, CA
RESTON, VA
RIALTO, CA
RICHARDSON, TX
RICHMOND, IN
ROANOKE, VA
ROCHESTER, MN
ROCHESTER, NY
ROCKFORD, IL
ROCKY MOUNT, NC
SALINAS, CA
SALISBURY, MD
SAN ANGELO, TX
SAN ANTONIO, TX
SAN DIEGO, CA
SANTA ANA, CA
SANTA BARBARA, CA
SHERMAN OAKS, CA
SIOUX CITY, IA
SIOUX FALLS, SD
SPARTANBURG, SC
SPRINGFIELD, IL
STOCKTON, CA
ST CLOUD, MN
ST PAUL, MN
SYRACUSE, NY
TEXARKANA, TX
TUSCALOOSA, AL
WACO, TX
WAUSAU, WI
WESTHEIMER, TX
W. SWEETGRASS, MT*
WICHITA FALLS, TX
WILMINGTON, DE
WINONA, MN
.04 Tier C Cities
This Tier C Cities Listing is applicable to Customers having WorldCom Frame Relay Service prior to November 7, 1998, pursuant to the conditions stated in Section IV.1.01 and in Section IV.1.03.WorldCom Frame Relay Service to or between cities listed in this section will not be subject to any discount.
ATHENS, GA
BAKERSFIELD, CA
BATTLE CREEK, MI
BAY CITY, MI
BILLINGS, MT
BISMARK, ND
BLOOMINGTON, IN
BLUEFIELD, WV
BRAINERD, MN
BRIDGEPORT, CT
BURLINGTON, VT
CHARLESTON, WV
CHARLOTTESVILLE, VA
CHEYENNE, WY
CLARKSBURG, WV
COEUR D'ALENE, ID
COLUMBUS, GA
CORNING, NY
DAIRY ASHFORD, TX
DANBURY, CT
DOTHAN, AL
EDINBURG, VA
EUGENE, OR
FARGO, ND
FAYETTEVILLE, AR
FRESNO, CA
FT. MEYERS, FL
GALESBURG, IL
GARDEN CITY, NY
GRAND ISLAND, NE
GRAND RAPIDS, MN
GREENSPOINT, TX
HAGERSTOWN, MD
HARRISONBURG, VA
HELENA, MT
HIBBING, MN
IRON MOUNTAIN, MI
JANESVILLE, WI
JOHNSON CITY, TN
LA CROSSE, WI
LAURINBURG, NC
LAWRENCE, MA
LAWRENCEVILLE, IL
LEXINGTON, KY
LIMA, OH
MANCHESTER, NH
MANSFIELD, OH
MATOON, IL
MEDFORD, OR
MONROE, LA
MYRTLE BEACH, SC
NORCROSS, GA
OSHKOSH, WI
PANAMA CITY, FL
PASADENA, CA
PORTLAND, ME
SAGINAW, MI
SCRANTON, PA
SPOKANE, WA
SPRINGFIELD, OH
TERRE HAUTE, IN
WADENA, MN
WILMINGTON, NC
YAKIMA, WA
YOUNGSTOWN, OH
.05 Tier C Cities
This Tier C Cities Listing is applicable to new Customers of WorldCom Frame Relay Service after November 7, 1998, pursuant to the conditions stated in Section IV.1.01 and in Section IV.1.03.
WorldCom Frame Relay Service to or between cities listed in this section will not be subject to any discount.
ALLENTOWN, PA
ALTOONA, PA
AMARILLO, TX
AMES, IA
ANAHEIM, CA
ANDERSON, SC
ANNISTON, AL
APPLETON, WI
ATHENS, GA
BANGOR, ME
BATTLE CREEK, MI
BILLINGS, MT
BISMARK, ND
BLOOMINGTON, IL
BLOOMINGTON, IN
BLUEFIELD, WV
BOWLING GREEN, KY
BOZEMAN, MT
BRAINERD, MN
BRIDGEPORT, CT
BRYAN, TX
CANTON, OH
CARBONDALE, IL
CAPE GIRARDEAU, MO
CARTHAGE, IL
CASPER, WY
CHARLESTON, SC
CHARLESTON, WV
CHEYENNE, WY
CHICO, CA
CLARKSBURG, WV
COEUR D'ALENE, ID
COLUMBUS, GA
CORNING, NY
DANBURY, CT
DEKALB, IL
DENTON, TX
DES PLAINES, IL
DOTHAN, AL
DUBUQUE, IA
DULUTH, MN
EAST LANSING, MI
EDINBURG, VA
ELKHART, IN
ELMIRA, NY
ERIE, PA
EUGENE, OR
EXCELSIOR, MN
FARGO, ND
FAYETTEVILLE, AR
FAYETTEVILLE, NC
FREDERICK, MD
FRESNO, CA
FT. DODGE, IA
FT. MEYERS, FL
FT. SMITH, AR
GALESBURG, IL
GOLDEN VALLEY, MN
GRAND FORKS, ND
GRAND ISLAND, NE
GRAND RAPIDS, MI
GRAND RAPIDS, MN
GREENWOOD, SC
HAGERSTOWN, MD
HARRISBURG, PA
HARRISONBURG, VA
HELENA, MT
HIBBING, MN
HILTON HEAD, SC
HINSDALE, IL
HOLLAND, MI
HOUSTON, TX
HUNTSVILLE, AL
IRON MOUNTAIN, MI
JACKSON, MS
JANESVILLE, WI
JEFFERSON CITY, MO
JONESBORO, AR
KALAMAZOO, MI
KENNEWICK, WA
KILLEEN, TX
KOKOMO, IN
LA CROSSE, WI
LAFAYETTE, LA
LAKE MARY, FL
LANSING, MI
LAURINBURG, NC
LAWRENCE, MA
LAWRENCEVILLE, IL
LAWTON, OK
LAYFAYETTE, IN
LARADO, TX
LEXINGTON, KY
LIMA, OH
LUBBOCK, TX
LUFKIN, TX
MADISON, WI
MADISONVILLE, KY
MANCHESTER, NH
MANHATTAN, KS
MANSFIELD, OH
MASON CITY, IA
MATTOON, IL
MCALLEN, TX
MEDFORD, OR
MIDDLETOWN, OH
MIDLAND, MI
MISSOULA, MT
MONROE, LA
MORGANTOWN, WV
MUNCIE, IN
MYRTLE BEACH, SC
NEW BEDFORD, MA
NEW HAVEN, CT
NEW LONDON, CT
NORCROSS, GA
NORTHBROOK, IL
NORTH SUMTER, SC
OAKLAND, CA
OCALA, FL
OPELIKA, AL
OSHKOSH, WI
OWENSBORO, KY
PADUCAH, KY
PALM SPRINGS, CA
PANAMA CITY, FL
PASADENA, CA
PINE BLUFF, AR
POCATELLO, ID
PONTIAC, MI
QUINCY, IL
RACINE, WI
RICHMOND, IN
ROANOKE, VA
ROCHESTER, MN
ROCKFORD, IL
ROCK HILL, SC
ROCKY MOUNT, NC
ROGERS, AR
ROYAL OAK, MI
SAGINAW, MI
SALISBURY, MD
SAN ANGELO, TX
SAN LUIS OBISPO,CA
SCRANTON, PA
SHEBOYGAN, WI
SIOUX CITY, IA
SPOKANE, WA
SPRINGFIELD, OH
ST. CLOUD, MN
ST. PAUL, MN
STAUNTON, WA
SUGAR LAND, TX
TERMINAL, TX
TERRE HAUTE, IN
TEXARKANA, TX
TRAVERSE CITY, MI
TUSCALOOSA, AL
VALDOSTA, GA
WADENA, MN
WAUSAU, WI
WICHITA FALLS, TX
WILMINGTON, NC
WINDOM, MN
YAKIMA, WA
YOUNGSTOWN, OH
10. Warranties
These warranties are no longer available for new Term Customers as of November 7, 1998. Beginning November 7, 1998 and ending May 6, 2000, all new Term Customers of WorldCom Frame Relay Service after that date will receive the MCI WorldCom Frame Relay Service Agreement for Network Availability and Mean Time to Repair as described Section C-3.355 of MCI Telecommunications Tariff F.C.C. No. 1 (filed pursuant to Special Permission No. 98-223 of the Federal Communications Commission).
.01 WorldCom Frame Relay Service Satisfaction Warranty
New Customers (i.e., Customers that have not subscribed to Company frame relay services for a period of at least one (1) year or Customers desiring subscription to frame relay service which had not previously been available under this Tariff) will obtain Company's WorldCom Frame Relay Service Satisfaction Warranty (the "SSW") subject to the requirements described below.
a. The Term for the WorldCom Frame Relay Service must be at least one (1) year.
b. A detailed description of Customer's prior network configuration for service which is converted to WorldCom Frame Relay Service (the "Prior Network Configuration") must be attached to the SSW. The description of the Prior Network Configuration shall include (for each circuit or connection): (i) the IXC speed (in the case of Private Line) or node speed (in the case of frame relay); (ii) the local access speed at each relevant Customer premise; (iii) the location address for each Customer premise; and, (iv) the name of the carrier which provided services to Customer under the Prior Network Configuration.
c. Complete Orders must be signed and submitted on or before ninety (90) calendar days from the date of the SSW.
d. Orders must have a Requested Service Date occurring on or before one hundred and twenty (120) calendar days from the date of the SSW.
e. Company warrants to Customer that Customer may cancel WorldCom Frame Relay Service by written notice to Company at any time within the first one hundred and twenty (120) calendar days following the date of the SSW without incurring any cancellation charge or further liability whatsoever with respect to such Service after the effective date of cancellation. Customer will, however, be liable for charges for WorldCom Frame Relay Service provided through the date of cancellation. WorldCom Frame Relay Service may be canceled for any reason, however, Customer agrees to either describe the reason for cancellation or state that not reason for cancellation exists.
f. In the event Customer cancels WorldCom Frame Relay Service in accordance with the SSW, and Customer's Prior Network Configuration includes DS-0, DDS, FT-1 or DS-1 (or greater level) service (collectively "Private Line Service"), and/or frame relay service, Company agrees to pay Customer to revert the canceled WorldCom Frame Relay Service back to Customer's Prior Network Configuration (the "Switch Back") as provided below:
If Customer's Prior Network Configuration includes Private Line service provided by the Company, then, for such service, Customer will not be charged any IXC installation charges or local access installation charges associated with the Switch Back.
If Customer's Prior Network Configuration includes Private Line Service provided carrier(s) other than Company (the "Prior Carrier"), then, for such service, Company will (a) reimburse Customer the Prior Carrier's published or tariffed local access installation charges and Private Line Service installation charges directly related to the Switch Back (the "Qualified Charges") up to an amount per circuit (as described below) based on the level of Private Line Service for each relevant circuit in Customer's Prior Configuration (the "Private Line Switch Back Reimbursement"), and (b) terminate such WorldCom Frame Relay Service within ten (10) calendar days following notice of cancellation or within a period which is mutually agreed by Company and Customer.
Private Line Level of Switch Back Reimbursement
Private Line Service Limit per Circuit
DS-0 Up to $2,000 in Qualified Charges
DDS Up to $2,500 in Qualified Charges
FT-1 Up to $4,500 in Qualified Charges
DS-1 Up to $5,000 in Qualified Charges
Greater than DS-1 Up to $7,000 in Qualified Charges
g. In the event Customer cancels WorldCom Frame Relay Service in accordance with the SSW, and Customer's Prior Network Configuration includes frame relay service which was provided by a Prior Carrier, Company will (a) reimburse Customer the Qualified Charges up to an amount per network node (as described below) based on the node speed for each relevant network node in Customer's Prior Configuration ("Frame Relay Switch Back Reimbursement"), and (b) terminate such WorldCom Frame Relay Service within ten (10) calendar days following written notice of cancellation or within a period which is mutually agreed by both the Company and Customer.
FRAME RELAY SWITCH BACK
NETWORK NODE SPEED REIMBURSEMENT LIMIT PER NODE
56/64 Kbps Up to $1,500 in Qualified Charges
Greater than
56/64K but less than
1.5 Mbps Up to $2,500 in Qualified Charges
1.5 Mbps Up to $5,000 in Qualified Charges
Greater than
1.5 Mbps Up to $6,000 in Qualified Charges
h. Any Private Line Switch Back Reimbursement or Frame Relay Switch Back Reimbursement due hereunder as described above shall be due and payable to Customer on or before sixty (60) calendar days from Customer's presentment to Company of a written statement of Qualified Charges and reasonable evidence of payment to the Prior Carrier (e.g., canceled check/receipt) by Customer.
i. Payment of the Private Line Switch Back Reimbursement or Frame Relay Switch Back Reimbursement shall, at Customer's option and as indicated in Customer's statement of Qualified Charges, be made by either (i) a credit against a Customer's then-current charges for services provided by Company, if any; or, (ii) a check drawn on a United States bank and payable in United States dollars.
11. Service Level Agreements
.01 WorldCom Frame Relay Service Level Agreement (SLA):
The WorldCom Frame Relay Service Level Agreement (SLA) applies to new customers of WorldCom Frame Relay Service who order service on or after May 6, 2000, and who (1) commit to a service term of at least one year, and (2) install service in at least five or more domestic locations as a result of their initial service order. Eligible Customers may receive special credit allowances for failure by the Company to satisfy certain performance standards as specified below.
Definitions: For purposes of this SLA, the following definitions apply:
Data Delivery Ratio (DDR): Data Delivery Ratio is the percentage of "payload frames", i.e., frames without the address field or frame check sequence, successfully received at the ingress User Network (UNI) and sent through to the egress UNI. Data Delivery Ratio applies to one direction of a single PVC. For Enterprise Digital Subscriber Line (EDSL) core network circuits, DDR is measured from the Digital Subscriber Line Access Multiplexer (DSLAM) through to the egress UNI.
Frame Delivery Ratio (FDR): Frame Delivery Ratio is the percentage of frames which are successfully delivered over the Company network during a monthly billing period, excluding frames which are not delivered due, in whole or part, to factors unrelated to the Company network. For EDSL Core Network circuits, FDR is measured from the DSLAM through to the egress UNI.
Mean Time to Repair (MTTR): MTTR is the period of time commencing with the date and time the Customer first informs the Company of a Service Outage (i.e. opens a "Trouble Ticket") and ending on the date and time that service is restored.
Network Service Configuration:
Core Network circuits are those which comprise the internal Company network infrastructure. These circuits do not include local access;
Enterprise Digital Subscriber Line (EDSL) Core Network circuits are defined as the network infrastructure located beginning at the Digital Subscriber Line Access Multiplexer (DSLAM) and ending at the network infrastructure ingress port. Only EDSL Core Network circuits located in the U.S. Mainland are subject to this SLA. EDSL Core Network circuits do not include local access and Customer Premise Equipment (CPE);
Type 1 circuits are those for which local access is furnished wholly via Company or Company‑affiliate facilities;
Type 2 circuits are those for which local access is furnished in part via Company or Company‑affiliate facilities; and,
Type 3 circuits are those for which local access is not furnished via Company or Company‑affiliate facilities.
Service Availability: Service Availability is the total number of minutes in a monthly billing period during which service on a port or PVC is available for use by the Customer, divided by the total number of minutes in that monthly billing period. For the purposes of this SLA, Service Availability will be calculated by taking into account the time between the initiation and closing of a Trouble Ticket for a Service Outage and reductions in time for factors or conditions that are not the Company's service responsibility.
Service Outage: An unscheduled period of time when service is unavailable for use by the Customer. A Service Outage is defined as 60 or more seconds of service unavailability within a 15-minute period measured by the Company. A Service Outage may occur as a result of the Company's failure to meet its performance obligations or of factors or conditions that are not the Company's service responsibility, including those specified in the "Exclusions" section below.
Transit Delay: Transit Delay is the period of time commencing with the one way transmission of the "ping" packet from an origination port and ending with the receipt of the "ping" packet at the destination port.
Trouble Ticket: The result of reporting by a Customer to the Company of a perceived Service Outage.
Qualifications:
To receive an SLA credit for a Service Outage, an eligible Customer must: (i) initiate a Trouble Ticket within 72 hours of first learning of an Outage; and, (ii) make a written request for SLA credit to the Company within five days of initiating the Trouble Ticket. When making an SLA credit request, the Customer must provide the Company with the following information: (1) the Trouble Ticket number; (2) the date and time the Trouble Ticket was initiated; and (3) the PVC ID number for each PVC that experienced the Service Outage.
Service Level Agreements:
Data Delivery Ratio: 99.99 percent for all frames within the Committed Information Rate (CIR), excluding frames marked "discard eligible" (DE), sent during a monthly billing period.
Frame Delivery Ratio: 99.99 percent for all frames within the CIR, excluding frames marked DE, sent during a monthly billing period.
Mean Time to Repair (MTTR): 2 hours for a Type 1 network service configuration, and 4 hours for Type 2, Type 3 or EDSL Core Network circuit configurations.
To determine whether the SLA has been satisfied, a monthly "MTTR circuit average" will be determined by dividing the cumulative length of service outages for a single PVC by the total number of Trouble Tickets opened during a monthly billing period for all PVC outages having the same severity level Trouble Ticket.
Service Availability: 100 percent for Core Network circuits and Type 1 circuits, 99.9 percent for EDSL Core Network circuits, and 99.8 percent for Type 2 or Type 3 circuits.
Transit Delay: For frame sizes of less than or equal to 200 bytes, the SLA is 60 milliseconds.
Credits: During any monthly billing period in which the Company fails to meet an SLA, the Customer will receive a credit as follows:
For a one month failure, the Company will provide a credit equal to 25 percent of the qualifying monthly recurring port charge if the port is completely unavailable, plus 25 percent of the monthly recurring PVC charges, both after application of all discounts.
For a failure of two consecutive months, the Company will provide a credit equal to 50 percent of the qualifying monthly recurring port charge if the port is completely unavailable, plus 50 percent of the monthly recurring PVC charges, both after application of all discounts.
For a failure of three or more consecutive months, either: (1) the Company will provide a credit equal to 100 percent of the qualifying monthly recurring port charge if the port is completely unavailable, plus 100 percent of the monthly recurring PVC charges, both after application of all discounts, for the third month and for each consecutive month thereafter that the Customer remains subscribed to the circuit and the Company fails to satisfy the SLA; or (2) the Customer may terminate service for the PVC and qualifying port without incurring termination liability, except for charges incurred prior to service termination, provided that the Customer notifies the Company in writing of its intent to terminate the circuit no later than 30 days after the conclusion of the third month or any consecutive month thereafter. For a failure of three consecutive months or more, the Company, upon written notice to a Customer, may terminate its performance obligations under this SLA, which will result in the application to PVC and or port performance of the credit outage allowance contained in Section II.3.09.
Exclusions: Calculations to determine SLA credits will not include time during which a Service Outage results from any of the following circumstances or conditions:
For Data Delivery and Frame Delivery:
Frames not delivered at egress UNI due to improper customer specifications of customer port speeds;
Frames not delivered due to problems unrelated to the Company's network including, but not limited to, local access and Customer Premises Equipment (CPE);
Force majeure events beyond the reasonable control of the Company (including, but not limited to, acts of God, government regulation, and national emergency); or,
Any act or omission of a third party including, but not limited to, a local access provider.
For MTTR:
Any act or omission of the Customer, its agent or vendors;
Company‑scheduled service maintenance;
Interruptions of service resulting from the installation of additional service requested by the Customer;
Interruptions of service not caused by the Company;
Periods of service degradation, such as slow data transmission; or,
Performance failures attributable to CPE.
For Service Availability:
Interruptions of service not caused by the company;
Scheduled service maintenance;
Labor strikes affecting service;
Force majeure events beyond the reasonable control of the Company (including, but not limited to, acts of God, government regulation, and national emergency);
For Core Network circuits, any act or omission of any third party, including local access providers; or,
For Type 1 network circuits, any act or omission of any third party other than a local access provider. For Transit Delay:
Frames that are more than 200 bytes;
Periods in which a major network component e.g., backbone link or gateway switch, is not functioning and the network is in an emergency reroute configuration; or,
EDSL Core Network circuit failures.
V. WORLDMARK FRAME RELAY SERVICE OFFERINGS
WorldMark Frame Relay Service and any related WorldMark Services are no longer available to new customers.
1. WorldMark Frame Relay Service is offered in the form of PVCs dedicated to the use of a specific Customer. For Service ordered on or after January 1, 1996 (i.e., initial installation) the Base Rate applicable to each type of WorldMark Frame Relay Service is set forth in this section.
A. Customers subscribing to WorldMark Frame Relay Service must subscribe to a Revenue Plan Arrangement provided pursuant to Section V.5.
B. Customers of each type of WorldMark Frame Relay Service who subscribe (on a per Network Node basis) for Service Commitment Periods ranging from one to five years, inclusive, will receive a discount for the term of the Service Commitment Period and volume discount based upon the aggregate dollar volume of Base Rate Charges to Customer. Notwithstanding the foregoing, Service to certain cities as indicated in Section V.10.3 will not be subject to any discount. WorldMark Frame Relay Service subject to the foregoing discount restrictions shall be referred to as "Restricted Service".
C. The term "Minimum Monthly" as it appears in the discount tables set forth in this Section V., shall mean e aggregate of all Base Rate charges for each WorldMark Frame Relay Service (regardless of whether such Base Rate Charges are themselves subject to any discount limitation) which in total amount to, but do not include, the amount stated at each level of the relevant discount schedule (e.g. $0 - $2499, $2500 - $4999, etc.).
D. Other charges which may be applicable are Nonrecurring Charges (Sections V.6 and V.7), Ancillary charges (Section V.8), Local Access charges (Section V.9) and Taxes (Section II.9..01 and .02).
.01 WorldMark Frame Relay Network Port Base Rates
Month-to-Month Customers will receive the rates in this section through December 31, 1998 for existing circuits purchased prior to November 7, 1998; Term Customers will receive the rates in this section through the end of their term for any circuits purchased prior to November 7, 1998; any new circuits purchased by either type of existing Customer after November 7, 1998, will be charged the rates in Section IV.1.01(B) ??? for WorldCom Frame Relay Service.
The monthly recurring WorldMark Frame Relay Network Port base rates (the "Network Port Base Rates") are as follows:
Monthly Recurring
Port Speed (Kbps) Network Port Base Rates
56/64 $ 206
128 385
256 455
384 670
512 847
768 1,086
1024 1,356
1536 1,710
.02 WorldMark Frame Relay CIR Base Rates
The monthly recurring WorldMark Frame Relay CIR base rates (the "CIR Base Rates") are as follows:
Monthly Recurring
CIR (Kbps) CIR Base Rates
16 $14
32 28
48 42
64 56
Greater than 64 56 for the first 64 Kbps plus $14 for every additional 16 Kbps increment.
.03 WorldMark Frame Relay Discounts
Term Customers will receive the rates in this section through the end of their term for any circuits purchased prior to November 7, 1998; any new circuits purchased by existing Term Customers after November 7, 1998, will be receive the discounts in Section IV.1.03 ??? for WorldCom Frame Relay Service.
For New Service with a term of one, two, three, four, or five years, the WorldMark Frame Relay Discounts (the "Discounts") are as follows, based on Service Commitment Period.
Service Commitment Period/Discount
Minimum
Monthly 1 Year 2 Years 3 Years 4 Years 5 Years
$ 0 4% 5% 7% 9% 14%
2,500 6 7 9 12 16
5,000 7 9 11 14 18
7,500 9 10 13 16 20
10,000 10 12 15 19 22
15,000 11 14 17 21 24
20,000 12 15 18 23 27
30,000 13 16 19 24 28
40,000 14 17 20 25 29
50,000 15 18 21 26 30
2. PRICE PROTECTION PLAN
Customers who select a Service Commitment Period for WorldMark Frame Relay Service of one, two, three, four, or five years after June 1, 1996, are automatically enrolled in the Price Protection Plan as described below. During the Service Commitment Period, Customer shall have the option to obtain the discount schedule for such WorldMark Frame Relay Service which is equal to Company's then-current discount schedule under this Tariff for WorldMark Frame Relay Service ("Published Price") upon the following conditions of the Price Protection Plan.
Under the Price Protection Plan, if at any time during the Service Commitment Period any discount rate on the applicable discount schedule is decreased ("New Discount Schedule") for that Service the Customer will continue to be charged the discount in effect at the time the Service Commitment Period was initially selected. If any discount rate on the applicable discount schedule is increased ("New Discount Schedule"), the Customer may obtain affected Service with the New Discount Schedule by executing a new Service Order for the Service in question, subject to a Service Commitment Period which is equal to or greater than the Service Commitment Period of the original Service arrangement ("Revised Service Commitment Period"). Any New Discount Schedule available to Customer pursuant to the foregoing provisions shall become effective with the commencement of the Revised Service Commitment Period as of a date not later than the first day of the latest calendar month/billing period occurring within the sixty (60) days next following Customer's execution and submission of the above-referenced new Service Order to Company.
Customers who selected a Service Commitment Period for WorldMark Frame Relay Service of one, two, three, four, or five years on or before May 31, 1996 are automatically enrolled in the Existing Customer Price Protection Plan as described below. During the Service Commitment Period, Customer shall have the option to obtain pricing for such WorldMark Frame Relay Service which is equal to Company's then-current pricing (i.e., Base Rates and discounts) under this Tariff for WorldMark Frame Relay Service ("Published Price") upon the following conditions of the Existing Customer Price Protection Plan.
Under the Existing Customer Price Protection Plan, if at any time during the Service Commitment Period the Base Rates are increased for that Service the Customer will continue to be charged at the Base Rate in effect at the time the Service Commitment Period was initially selected.
Under the Existing Customer Price Protection Plan, if at any time during the Service Commitment Period any discount rate on the applicable discount schedule is decreased ("New Discount Schedule") for that Service the Customer will continue to be charged the discount in effect at the time the Service Commitment Period was initially selected. The Existing Customer Price Protection Plan shall only be effective for the duration of the term of the initial Service Commitment Period for WorldMark Frame Relay Service that Customer selected before or on May 31, 1996.
3. WARRANTIES
.01 WorldMark Frame Relay Service Satisfaction Warranty
New Customers (i.e., Customers that have not subscribed to Company frame relay services for a period of at least one year or Customers desiring subscription to frame relay service which had not previously been available under this Tariff) will obtain Company's WorldMark Frame Relay Service Satisfaction Warranty (the "SSW") subject to the requirements described below.
a. The Term for the WorldMark Frame Relay Service must be at least one (1) year.
b. A detailed description of Customer's prior network configuration for service which is converted to WorldMark Frame Relay Service (the "Prior Network Configuration") must be attached to the SSW. The description of the Prior Network Configuration shall include (for each circuit or connection): (i) the IXC speed (in the case of Private Line) or node speed (in the case of frame relay) (ii) the local access speed at each relevant Customer premise, (iii) the location address for each Customer premise, and (iv) the name of the carrier which provided services to Customer under the Prior Network Configuration.
c. Complete Orders must be signed and submitted on or before ninety (90) calendar days from the date of the SSW.
d. Orders must have a Requested Service Date occurring on or before one hundred and eighty (180) calendar days from the date of the SSW.
e. Company warrants to Customer that Customer may cancel WorldMark Frame Relay Service by written notice to Company at any time within the first one hundred and eighty (180) calendar days following the date of the SSW without incurring any cancellation charge or further liability whatsoever with respect to such Service after the effective date of cancellation. Customer will, however, be liable for charges for WorldMark Frame Relay Service provided through the date of cancellation. WorldMark Frame Relay Service may be canceled for any reason, however, Customer agrees to either describe the reason for cancellation or state that no reason for cancellation exists.
f. In the event Customer cancels WorldMark Frame Relay Service in accordance with the SSW, and Customer's Prior Network Configuration includes DS-0, DDS, FT-1, or DS-1 (or greater level) service (collectively "Private Line Service"), and/or frame relay service, Company agrees to pay Customer to revert the canceled WorldMark Frame Relay Service back to Customer's Prior Network Configuration (the "Switch Back") as provided below:
If Customer's Prior Network Configuration includes Private Line service provided by the Company, then, for such service, Customer will not be charged any IXC installation charges or local access installation charges associated with the Switch Back.
If Customer's Prior Network Configuration includes Private Line Service provided by carrier(s) other than Company (the "Prior Carrier"),then, for such service, Company will (a) reimburse Customer the Prior Carrier's published or tariffed local access installation charges and Private Line Service installation charges directly related to the Switch Back (the "Qualified Charges") up to an amount per circuit (as described below) based on the level of Private Line Service for each relevant circuit in Customer's Prior Configuration (the "Private Line Switch Back Reimbursement"), and (b) terminate such WorldMark Frame Relay Service within ten (10) calendar days following notice of cancellation or within a period which is mutually agreed by Company and Customer.
Private Line Level of Switch Back Reimbursement
Private Line Service Limit per Circuit
DS-0 Up to $2,000 in Qualified Charges
DDS Up to $2,500 in Qualified Charges
FT-1 Up to $4,500 in Qualified Charges
DS-1 Up to $5,000 in Qualified Charges
Greater than DS-1 Up to $7,000 in Qualified Charges
g. In the event Customer cancels WorldMark Frame Relay Service in accordance with the SSW, and Customer's Prior Network Configuration includes frame relay service which was provided by a Prior Carrier, Company will (a) reimburse Customer the Qualified Charges up to an amount per network node (as described below) based on the node speed for each relevant network node in Customer's Prior Configuration ("Frame Relay Switch Back Reimbursement"), and (b) terminate such WorldMark Frame Relay Service within ten (10) calendar days following written notice of cancellation or within a period which is mutually agreed by both the Company and Customer.
FRAME RELAY SWITCH BACK
NETWORK NODE SPEED REIMBURSEMENT LIMIT PER NODE
56/64 Kbps Up to $1,500 in Qualified Charges
Greater than
56/64K but less than
1.5 Mbps Up to $2,500 in Qualified Charges
1.5 Mbps Up to $5,000 in Qualified Charges
Greater than 1.5 Mbps Up to $6,000 in Qualified Charges
h. Any Private Line Switch Back Reimbursement or Frame Relay Switch Back Reimbursement due hereunder as described above shall be due and payable to Customer on or before sixty (60) calendar days from Customer's presentment to Company of a written statement of Qualified Charges and reasonable evidence of payment to the Prior Carrier (e.g., canceled check/receipt) by Customer.
i. Payment of the Private Line Switch Back Reimbursement or Frame Relay Switch Back Reimbursement shall, at Customer's option and as indicated in Customer's statement of Qualified Charges, be made by either (i) a credit against Customer's then-current charges for services provided by Company, if any; or, (ii) a check drawn on a United States bank and payable in United States dollars.
.02 Frame Relay Installation Interval Warranty
(A) WorldMark Frame Relay Service will be subject to Company's Installation Interval Warranty (the "IIW") subject to the requirements for Installation Intervals described below.
a. The IIW applies to all Customer Orders for WorldMark Frame Relay Service with a term of at least one (1) year.
b. An installation interval (the "Installation Interval") will commence on the date a complete Order for WorldMark Frame Relay Service is signed and submitted by Company on behalf of Customer. In the event Customer requests changes to an Order prior to the completion of the Installation Interval, for purposes of the IIW, the Installation Interval will commence on the latest date a change is submitted.
c. An Installation Interval will be complete when Company notifies the Customer that WorldMark Frame Relay Service is available for use by Customer.
(B) Installation Intervals; Limited Warranty
a. Company hereby warrants that WorldMark Frame Relay Installation Intervals shall be the later of (i) twenty-two (22) business days from the commencement of the Installation Interval, (ii) Customer's requested installation date, or (iii) a mutually agreed upon date (the "Installation Deadline").
b. If the actual Installation Interval for any WorldMark Frame Relay Service ordered pursuant to the IIW (including dedicated local access installation which Customer requests through Company) is completed on a date later than the applicable Installation Deadline, then Company will issue a credit to Customer's account in an amount equal to (i) the Company WorldMark Frame Relay installation charges for each WorldMark Frame Relay Node and local access which did not meet the Installation Deadline (the "Installation Credit"), plus (ii) one (1) month's Base Rate charges for each WorldMark Frame Relay Node and local access that did not meet the Installation Deadline (the "MRC Credit").
c. Installation Credits and MRC Credits shall be made by a credit against Customer's charges for services provided by Company during the first month following Start of Service.
d. Third party installation charges, (excluding local access installation charges) shall not be eligible for Installation Credits. Further, MRC Credits shall exclude monthly recurring charges that are not Base Rate charges, local access charges, or extension leg charges.
e. WorldMark Frame Relay Service for which installation charges are waived are not eligible for Installation Credits.
f. WorldMark Frame Relay Service for which one (1) month's monthly recurring charges are waived are not eligible for MRC Credits.
4. REVENUE PLAN ARRANGEMENTS
.01 Only by written Service Application, which is accepted by an authorized representative of Company, may Customers obtain a Revenue Plan Arrangement ("Revenue Plan") for the WorldMark Frame Relay Service described in Section V.1 through Section V.4 which is not Restricted Service ("Qualifying WorldMark Frame Relay Service"). Each Revenue Plan shall be subject to a Customer Commitment Period (defined below) of at least one, two, three, four or five years. The period between the effective date of a Revenue Plan and the expiration of the Customer Commitment Period shall be referred to as the "Term" of the Revenue Plan.
.02 From and after the effective date of a Revenue Plan and subject to the provisions of this section, Customer may submit Service Orders for Qualifying WorldMark Frame Relay Service subject to the Base Rates and discounts in effect under this Tariff at the time the Service Application for the Revenue Plan is executed by Customer and Company. Subject to other applicable provisions of this Tariff, Company will accept such Service Orders provided the Requested Service Dates therefor do not occur later than a date six (6) months prior to the expiration of the Term ("Plan Installation Period").
03. The Service Commitment Period applicable to each Network Node of Qualifying WorldMark Frame Relay Service between the cities set forth in Section V.10 ??? shall be the longer of a period equal to: (i) the period commencing with the Start of Service Date therefor and continuing until the expiration of the Term applicable to the Revenue Plan in question; or (ii) six (6) months. Upon the expiration of the Term of a Revenue Plan, all monthly recurring charges relevant to Qualifying WorldMark Frame Relay Service (other than Qualifying WorldMark Frame Relay Service that has not completed its Service Commitment Period) will revert to Company's then current Base Rates and month-to-month Service Commitment Period discount, if any, applicable to Qualifying WorldMark Frame Relay Service then provided. Upon the expiration of the Service Commitment Period relevant to each Network Node comprising Qualifying Frame Relay, such Service will be subject to termination by either Customer or Company upon not less than thirty (30) days prior written notice to the other party.
.04 Each Service Application for a Revenue Plan will set forth the "Customer Commitment Period" which shall be the period over which Customer shall obtain WorldMark Frame Relay Service subject to Base Rate Charges at least equal to the "Minimum Monthly Commitment."
A. The lowest Minimum Monthly Commitment available for Revenue Plans is $15,000 in Company-provided WorldMark services. The Minimum Monthly Commitment under a Revenue Plan will not include pro-rated charges for WorldMark Frame Relay Service, Local Access charges, Ancillary Service charges, Taxes or any other recurring and non-recurring charges for collocation of Customer equipment in Company POPs or other services provided to Customer by Company.
B. The length of the Customer Commitment Period and the Minimum Monthly Commitment for both domestic WorldMark Frame Relay Service and domestic WorldMark Private Line Service, will determine the applicable discount of the Base Rates for Qualifying WorldMark Frame Relay Service, i.e., for purposes of determining the applicable discount of the Revenue Plan, the Customer Commitment Period equates to Service Commitment Period in the discount schedules and the Minimum Monthly Commitment equates to the applicable Minimum Monthly level in the discount schedules.
.05 Notwithstanding any provision of this Tariff to the contrary and provided Customer is not in default of its obligations pursuant to this Tariff, after a Service Order for Qualifying WorldMark Frame Relay Service is accepted by Company, Customer may cancel all or a portion of the Service described in the Service Order if Customer provides written notification thereof to Company thirty (30) days in advance of the effective date of cancellation. In such case, Customer shall pay to Company all charges for such Service provided through the effective date of cancellation plus a cancellation charge determined as follows:
A. Prior to Start of Service, the cancellation charge shall be an amount equal to one (1) month's Base Rate Charges (then in effect at the time of cancellation) for the WorldMark Frame Relay Service in question plus all non-recurring charges which would have otherwise been due (e.g., Installation charges) upon Start of Service therefor and costs, if any, reasonably incurred by Company from third parties (e.g., Local Access providers or interconnecting carriers) as a result of such cancellation.
B. Following Start of Service, the cancellation charge shall be an amount equal to six (6) times the monthly recurring Base Rate Charges (then in effect at the time of cancellation) for the WorldMark Frame Relay Service in question less Base Rate Charges for such Service actually provided to Customer through the effective date of cancellation (but in no event less than zero) plus costs, if any, reasonably incurred by Company from third parties (e.g., Local Access providers or interconnecting carriers) as a result of such cancellation.
Cancellation of any WorldMark Frame Relay comprising Restricted Service and further authorized by Company to be included in the Aggregate Base Rate charges (defined in Section V.4..04 ???) relevant to a Revenue Plan will be subject a cancellation charge in accordance with Section II.4 ???.
.06 Commencing with the first calendar month/billing period of the Customer Commitment Period and continuing for each calendar month/billing period thereafter through the expiration of the Customer Commitment Period, the Customer subscribing to the Revenue Plan will obtain WorldMark Frame Relay Service from Company pursuant to this Tariff which is subject to an aggregate of applicable Base Rate Charges ("Aggregate Base Rate Charge") equal to the Minimum Monthly Commitment. The Aggregate Base Rate Charge does not include pro-rated charges for WorldMark Frame Relay Service, Local Access charges, Ancillary Service charges, Taxes or any other recurring and non recurring charges for collocation of Customer equipment in Company POPs or other services provided to Customer by Company.
.07 If Customer's Aggregate Base Rate Charge for any month in the Customer Commitment Period is less than the applicable Minimum Monthly Commitment, Customer shall pay Company the difference between the Aggregate Base Rate Charge for the month in question and the Minimum Monthly ("Deficiency Charge").
A. The Deficiency Charge shall be in addition to the charges for Qualifying WorldMark Frame Relay Service and all other Service provided pursuant to the Revenue Plan.
B. The Deficiency Charge, if any, shall be due at the same time payment is due for Customer's monthly recurring charges.
.08 In the event:
A. Customer fails to pay the Deficiency Charge on or before thirty (30) days from its Due Date and after ten (10) days written notice thereof to Customer by Company (which notice may refer generally to an unpaid balance of Customer's account); or,
B. Customer fails to pay the Deficiency Charge on or before thirty (30) days from the Due Date therefor on two (2) or more occasions within a six (6) month period; or,
C. Service is terminated or suspended pursuant to the provisions of Section II.5. ???;
Company may terminate all Service provided to Customer pursuant to the Revenue Plan and make due for immediate payment a charge ("Plan Termination Charge") in an amount equal to the greater of the following:
1. If the termination becomes effective prior to completion of the first year of the Customer Commitment Period, then the charge shall be an amount equal to the balance of the then-current Minimum Monthly Commitment times the number of months (or pro rata portion thereof) remaining in the Customer Commitment Period (i.e., the period during which such commitment was to be maintained) plus scheduled adjustments to the Minimum Monthly Commitment, if any, multiplied by the number of months relevant to the periods (or pro rata portion thereof) associated with such adjusted Minimum Monthly Commitment(s) through the expiration of the first year of the Customer Commitment Period plus twenty-five percent (25%) of the balance of such monthly Minimum Monthly Commitment(s) for the remainder of the Customer Commitment Period beyond the first year; or
2. If the termination becomes effective after completion of the first year of the Customer Commitment Period, then the charge shall be an amount equal to twenty-five percent (25%) of the balance of the then-current Minimum Monthly Commitment times the number of months (or pro rata portion thereof) remaining in the Customer Commitment Period (i.e., the period during which such commitment was to be maintained) plus scheduled adjustments to the Minimum Monthly Commitment, if any, multiplied by the number of months relevant to the periods (or pro rata portion thereof) associated with such adjusted Minimum Monthly Commitment(s) through the expiration of the Customer Commitment Period; or
3. If at the time of termination: (i) the Service Commitment Period for each Circuit comprising Qualifying WorldMark Frame Relay Service between the cities set forth in Section V.10. ??? is six (6) months, and (ii) the Service Commitment Period of any other Circuit obtained under the Revenue Plan is Restricted Service, then the charge will be an amount equal to the total cancellation charges, if any, which would otherwise be applicable to the cancellation of WorldMark Frame Relay Service in accordance with Section II.4.???; provided, that in any case the effective date of cancellation shall be deemed to be the date of termination or any earlier date of suspension; and
Regardless of whether Clause 1., 2. or 3. is determined to be the greater amount, the Customer is also liable for any charges, expenses, fees, or penalties incurred by Company or its affiliated companies due to cancellation of Local Access plus any costs, expenses, or additional charges reasonably incurred by Company on behalf of Customer as Customer's agent.
.09 In the event: (a) an individual Circuit comprising Qualifying WorldMark Frame Relay Service under a Revenue Plan is canceled by Customer prior to completion of the Service Commitment Period relevant to the Circuit in question; or (b) Customer fails to obtain the requisite Aggregate Base Rate Charge during the Customer Commitment Period in order to maintain the then applicable Minimum Monthly Commitment; or (c) a Revenue Plan is subject to termination under the provisions of Section V.4..08.C, Company's damages are difficult or impossible to ascertain, therefore, the foregoing provisions providing for individual Node cancellation liability of Customer, Deficiency Charges and/or Plan Termination Charges are intended to establish liquidated damages in the event of an early termination of individual Nodes subject to a Revenue Plan, a deficiency in the Minimum Monthly Commitment or termination of a Revenue Plan prior to fulfilling the Minimum Monthly Commitment for each and every month of the Customer Commitment Period and do not represent a penalty of any kind.
.10 During the Customer Commitment Period, Customer shall have the option to obtain pricing for all Qualifying WorldMark Frame Relay Service which is equal to the Companys then-current pricing, (i.e., Base Rates and discounts) under this Tariff for Qualifying WorldMark Frame Relay Service ("Published Price") upon the conditions of the Price Protection Plan described in Section V.2..10 ??? with the following exceptions. Customer must elect to exercise such option within thirty (30) days following the Companys notice of an adjustment to the Companys Published Price. The Price Protection Plan will be available to Customer, provided Customer is not in default of its obligations pursuant to this Tariff and will apply to Qualifying WorldMark Frame Relay Service.
A. If Customer elects to exercise such option at any time following the Commencement Date and continuing for a period ending twelve (12) months preceding the expiration of the Customer Commitment Period, Customer must execute an amendment to the Revenue Plan agreement within thirty (30) days of the receipt of the Companys notification of a Published Price adjustment. The amendment to the Revenue Plan agreement will set forth the then-current Published Price for all Qualifying WorldMark Frame Relay Service. The adjustment, if any, of the monthly recurring charges for Qualifying WorldMark Frame Relay Service will have an effective date not later than the first day of the latest calendar month/billing period occurring within the sixty (60) days next following Customer's execution and delivery of such amendment to Company.
B. If Customer elects to exercise such option at any time within a period of twelve (12) months preceding the expiration of the Customer Commitment Period, Customer must execute a superseding Revenue Plan agreement within thirty (30) days of the receipt of the Companys notification of a Published Price adjustment. The superseding Revenue Plan agreement will set forth (a) the then-applicable Published Price for all Qualifying WorldMark Frame Relay Service, (b) a Minimum Monthly Commitment equal to or greater than the then current Minimum Monthly Commitment, and (c) a revised Customer Commitment Period of at least one (1) year. The new Revenue Plan will have an effective date not later than the first day of the calendar month/billing period occurring within the sixty (60) days next following Customer's execution and delivery of the new Revenue Plan agreement to Company.
C. In the event of a reduction (and only such reduction) in applicable charges pursuant to this Section V.4..10 ??? causes the Aggregate Base Rate Charges to fall below the Minimum Monthly Commitment of the Revenue Plan then in effect, Customer may obtain a revision to the Minimum Monthly Commitment equal to the new level of Aggregate Base Rate Charges after applying the relevant Published Price to Qualifying WorldMark Frame Relay Service, provided, however, the applicable discounts shall also be adjusted to the corresponding Minimum Monthly level set forth in the discount schedules.
.11 Notwithstanding any provisions of this Tariff to the contrary and provided Customer is not in default of its obligations pursuant to this Tariff, Customer may cancel and upgrade Qualifying WorldMark Frame Relay Service, to higher speed Qualifying WorldMark Frame Relay Service ("Replacement WorldMark Frame Relay Service"), without being subject to any cancellation charge relevant to Company's WorldMark Frame Relay Service pursuant to this Tariff under the following conditions:
A. Customer provides Company with a minimum forty-five (45) calendar days notice prior to the effective date of such cancellation and concurrently therewith submits a Service Order for Replacement WorldMark Frame Relay Service having a Requested Service Date therefor concurrent with the effective date of such cancellation;
B. The Replacement WorldMark Frame Relay Service is available; and,
C. The cities served by the WorldMark Frame Relay Service affected by the upgrade continue to be served by the Replacement WorldMark Frame Relay Service.
D. Customer will be liable for costs, if any, reasonably incurred by Company from third parties (e.g., Local Access providers or interconnecting carriers) as a result of such cancellation, provided Company notifies Customer of such costs within a reasonable time following receipt of Customer's Service Order to effect a cancellation under this Section and obtain Replacement WorldMark Frame Relay Service and Customer does not cancel the Service Order in question.
5. CUSTOMER PROVIDED EQUIPMENT
Customer Premises Circuit terminating equipment such as Routers, Bridges, FRADs shall be provided by the Customer and furnished and maintained at Customer's expense in accordance with the rules and regulations in Section II.
6. APPLICATION OF NONRECURRING CHARGES
.01 Installation Charges
Charges apply when the Customer requests new or additional Service.
.02 Expedite Charges
Company charges for the Expedited handling of the Service order. Company will pass along to the Customer any Local Access Provider Expedite charges associated with the Customer's request for Expedited Installation.
.03 Change of Requested Service Date
A change of Requested Service Date charge applies when a change of Requested Service Date is the only requested modification to the original Service order.
A. If the first requested change of the Requested Service Date is received more than ten (10) working days prior to the Requested Service Date, there will be no charge.
B. If the Requested Service Date has been changed once already, or if the request is made within ten (10) days of the original Requested Service Date, a charge will apply.
C. An ASR charge will be assessed whenever a change of Requested Service Date is requested on Service orders including Company‑ordered Local Access.
D. When the Customer requests that its Requested Service Date be extended, the new Requested Service Date must be within thirty (30) days of the previously set Requested Service Date. If the new Requested Service Date is more than thirty (30) days beyond the existing Requested Service Date or unknown, the Service order must be canceled and re‑issued when a confirmed date is set. A charge for a change of Requested Service Date also applies when the Customer requests an earlier Requested Service Date that does not require an Expedite. Should an Expedite be required, the Expedite Charge supersedes the change of Requested Service Date charge.
.04 Change of Order Charges
A. Charges apply when a Customer requests a modification to the information contained in the original Service order prior to Customer acceptance of the Node other than a change of Requested Service Date.
B. Administrative Charges
If an ASR must be submitted to the Local Access Provider as a result of changes to Customer records such as billing address change, billing contact change, etc., then the Customer will be charged an ASR charge.
C. Network Node Charges
Charges apply if the change necessitates a modification of the Network Nodes.
D. Local Access Service Charges
Charges apply if the change requires a change in the original ASR or if a new ASR must be submitted.
.05 Order Cancellation Charges
Charges apply for Service orders canceled prior to Customer acceptance. These charges are intended to supplement any Service Cancellation charges set forth in Section II. Order cancellation charges are in addition to standard Installation charges.
.06 Change of Service Charges
Charges apply to changes made after a Node has been accepted by the Customer.
A. Administrative Charges
If an ASR must be submitted to the Local Access Provider as a result of Customer‑requested changes in Service, the Customer will be charged an ASR charge.
B. Re‑engineering Charges
Charges apply for orders that are re‑engineered due to a Customer‑requested change in local Service type. Changes which require only modification of Local Access, but do not affect WorldMark Frame Relay Service will only be charged for the ASR. Any Local Access Provider charges incurred because of the change will be passed on to the Customer.
.07 Additional Installation/Maintenance
A. Charges apply when the Customer requests Installation or Network Node changes during non‑business hours.
B. Charges apply when the Customer requests a technician at the Customer Premises or trouble that results from problems in the Customer's equipment.
C. Charges apply when the Customer requests the provision of engineering design or other activities which are not normally provided as a part of the design and Installation of Service.
7. NONRECURRING CHARGES
.01 Order Expedite charges per Port $100
.02 Order Cancellation charges per Port
(pre-engineering) $100
.03 Order Cancellation charges per Port
(post-engineering) $250
.04 Change of Requested Service Date
charges per Port $100
.05 Administrative Change of Order
charges per Port N/A
.06 Non-administrative Change of Order
charges per Port (pre-engineering) $100
.07 Non-administrative Change of Order
charges per Port (post-engineering) $250
.08 U.S. DS-0 ASR charges per access $25
.09 U.S. DS-1 ASR charges per access $50
8. APPLICATION OF ANCILLARY CHARGES
.01 Collocation Charges
Collocation charges apply when a Customer contracts with Company to utilize space in Company Point-of-Presence locations for placement of Customer owned and maintained equipment associated with Services Company provides. All pricing for collocation including: floor space, power, rack space, DSX-1 or DSX-3 cross-connect panels, etc., is dependent on Customer requirements.
9. Local Access Charges
.01 Local Access charges are subject to the provisions of Section II.2..10. The rate information relevant to Local Access charges is available from the relevant Local Exchange Carriers.
.02 Dedicated Access provided to Tier C Cities, as defined in Section V.10, may be subject to an additional charge.
10. Available Cities Listing
WorldMark Frame Relay Service is available between the following cities at the Base Rates listed in this section.
.01 Tier A Cities
Month-to-Month Customers will receive the Tier Cities listed in this section through December 31, 1998 for existing circuits purchased prior to November 7, 1998; Term Customers will receive the Tier Cities listed in this section through the end of their term for any circuits purchased prior to November 7, 1998; any new circuits purchased by either type of existing Customer after November 7, 1998, will be receive the Tier Cities listing in Section IV.9.02 ??? for WorldCom Frame Relay Service.
The Base Rate for Service between cities listed in Section V.10.1 or V.10.2 will be included when determining a Customer's Minimum Monthly discount level as it appears in the relevant discount table set forth in this section and will receive the resulting discount.
ABILENE, TX
ADDISON, TX
AKRON, OH
ALBANY, GA
ALBUQUERQUE, NM
ATLANTA, GA
AUGUSTA, GA
BALTIMORE, MD
BATON ROUGE, LA
BEAUMONT, TX
BELLVUE, WA
BENSONVILLE, IL
BEVERLY HILLS, CA
BILLERICA, MA
BOCA RATON, FL
BOISE, ID
BOSTON, MA
BOUND BROOK, NJ
BOULDER, CO
BROOK PARK, OH
BURBANK, CA
CARMEL, IN
CEDAR RAPIDS, IA
CHARLOTTE, NC
CHATTANOOGA, TN
CHICAGO, IL
CINCINNATI, OH
CLEVELAND, OH
COCKEYSVILLE, MD
COCOA BEACH, FL
COLLEGE PARK, MD
COLORADO SPRINGS,CO
COLUMBIA, MO
COLUMBIA, SC
COLUMBUS, OH
DALLAS, TX
DAVENPORT, IA
DAYTONA BEACH, FL
DAYTON, OH
DENVER, CO
DES MOINES, IA
DETROIT, MI
EDISON, NJ
ELK GROVE, IL
EL PASO, TX
EL SEGUNDO, CA
EVANSVILLE, IN
FRAMINGHAM, MA
FT LAUDERDALE, FL
FT PIERCE, FL
FT WORTH, TX
GAINESVILLE, FL
GAITHERSBURG, MD
GLENDALE, CA
HARTFORD, CT
HAYWARD, CA
HOUSTON, TX
INDEPENDENCE, OH
INDIANAPOLIS, IN
IOWA CITY, IA
IRVING, TX
JACKSONVILLE, FL
JOPLIN, MO
KANSAS CITY, MO
KING OF PRUSSIA, PA
LAKE CHARLES, LA
LAKELAND, FL
LAS VEGAS, NV
LITTLETON, CO
LIVINGSTON, NJ
LONGVIEW, TX
LOS ANGELES, CA
MACON, GA
MCLEAN, VA
MELBOURNE, FL
MEMPHIS, TN
MERCERVILLE, NJ
MIAMI, FL
MIDLAND, TX
MINNEAPOLIS, MN
MOBILE, AL
MONTGOMERY, AL
MORRISTOWN, NJ
NAPERVILLE, IL
NASHVILLE, TN
NEW ORLEANS, LA
NEW YORK, NY
NEWARK, NJ
OKLAHOMA CITY, OK
OMAHA, NE
ONTARIO, CA
ORLANDO, FL
PALO ALTO, CA
PHILADELPHIA, PA
PHOENIX, AZ
PITTSBURGH, PA
PORTLAND, OR
PUEBLO, CO
RALEIGH, NC
REDMOND, WA
RICHMOND, VA
RENO, NV
RUTHERFORD, NJ
SACRAMENTO, CA
SALT LAKE CITY, UT
SAN CARLOS, CA
SAN FRANCISCO, CA
SANTA CLARA, CA
SANTA MONICA, CA
SAVANNAH, GA
SCHAUMBURG, IL
SEATTLE, WA
SHREVEPORT, LA
SMYRNA, GA
SOUTH BEND, IN
SOUTHFIELD, MI
SPRINGFIELD, MA
SPRINGFIELD, MO
ST AUGUSTINE, FL
ST LOUIS, MO
STAMFORD, CT
STUART, FL
TALLAHASSEE, FL
TAMPA, FL
TOLEDO, OH
TOPEKA, KS
TUCSON, AZ
TULSA, OK
VERO BEACH, FL
WALTHAM, MA
WASHINGTON, DC
WEST PALM BEACH, FL
WHEELING, IL
WHIPPANY, NJ
WHITE PLAINS, NY
WICHITA, KS
.02 Tier B Cities
This Tier B Cities Listing is applicable to Customers having WorldMark Frame Relay Service prior to November 7, 1998, pursuant to the conditions stated in Section IV.1.01 and in Section IV.1.03. After November 7, 1998, all Tier B Cities are reclassified as Tier A or Tier C Cities with the exception of those stated conditions.
The Base Rate for Service between cities listed in Sections V.10.1 or V.10.2 will be included when determining a Customer's Minimum Monthly discount level as it appears in the relevant discount table set forth in this Section V. and will receive the resulting discount.
Cities marked with an asterisk (*) are Canadian Border Crossing Locations only. Cities marked with an octalthorpe (#) are available only for DS-1 Service.
ALBANY, NY
ALLENTOWN, PA
ALTOONA, PA
AMARILLO, TX
ANAHEIM, CA
ANN ARBOR, MI
APPLETON, WI
ASHEVILLE, NC
AUSTIN, TX
BANGOR, ME#
BINGHAMTON, NY
BIRMINGHAM, AL
BLAINE, WA*
BLOOMINGTON, IL
BOWLING GREEN, KY
BROWNSVILLE, TX#
BRYAN, TX
BUFFALO, NY
BUFFALO, NY*
CALAIS, ME*
CARBONDALE, IL
CHAMPAIGN, IL
CHARLESTON, SC
CHICO, CA
COMPTON, CA
CORPUS CHRISTI, TX
CORVALLIS, OR#
CROSBY, ND*
CULPEPER, VA
DEKALB, IL
DETROIT, MI*
DULUTH, MN
DURHAM, NC
EAU CLAIRE, WI
ELMIRA, NY#
ERIE, PA
FAYETTEVILLE, NC
FEATHERSOUND, FL
FLORENCE, SC
FREDERICK, MD
FREDERICKSBURG, VA#
FT SMITH, AR
FT WAYNE, IN
GRAND RAPIDS, MI
GREEN BAY, WI
GREENSBORO, NC
GREENVILLE, SC
GULFPORT, MS HACKENSACK, NJ
HARLINGEN, TX HARRISBURG, PA
HINSDALE, IL
HUNTSVILLE, AL
JACKSON, MI#
JACKSON, MS
KALAMAZOO, MI#
KNOXVILLE, TN
LAFAYETTE, LA
LANCASTER, PA#
LANSING, MI
LINCOLN, NE
LITTLE ROCK, AR
LOUSIVILLE, KY
LUBBOCK, TX
LYNCHBURG, VA
MADISON, WI
MCALLEN, TX
MIDLAND, MI#
MILWAUKEE, WI
MOERS FORKS, NY*
MORGANTOWN, WV#
NASHUA, NH
NECHE, ND*
NEW BRUNSWICK, NJ
NORFOLK, VA
NORTHBROOK, IL
OAKLAND, CA
OCALA, FL#
OWENSBORO, KY
PADUCAH, KY
PALM SPRINGS, CA
PENSACOLA, FL
PEORIA, IL
PIGEON RIVER, MN*
PINE BLUFF, AR PLEASENTVILLE, NJ
POUGHKEEPSIE, NY
PROVIDENCE, RI
QUINCY, IL
REDDING, CA
RESTON, VA
RIALTO, CA
RICHARDSON, TX
RICHMOND, IN
ROANOKE, VA
ROCHESTER, MN
ROCHESTER, NY
ROCKFORD, IL
ROCKY MOUNT, NC
SALINAS, CA
SALISBURY, MD
SAN ANGELO, TX
SAN ANTONIO, TX
SAN DIEGO, CA
SANTA ANA, CA
SANTA BARBARA, CA SHERMAN OAKS, CA SIOUX CITY, IA
SIOUX FALLS, SD
SPARTANBURG, SC
SPRINGFIELD, IL
STOCKTON, CA
ST CLOUD, MN
ST PAUL, MN
SYRACUSE, NY
TEXARKANA, TX
TUSCALOOSA, AL#
WACO, TX
WAUSAU, WI#
WESTHEIMER, TX
W. SWEETGRASS, MT*
WICHITA FALLS, TX
WILMINGTON, DE
WINONA, MN#
.03 Tier C Cities
Month-to-Month Customers will receive the Tier Cities listed in this section through December 31, 1998 for existing circuits purchased prior to November 7, 1998; Term Customers will receive the Tier Cities listed in this section through the end of their term for any circuits purchased prior to November 7, 1998; any new circuits purchased by either type of existing Customer after November 7, 1998, will be receive the Tier Cities listing in Section IV.9.05 for WorldCom Frame Relay Service.
WorldMark Frame Relay Service to or between cities listed in this section will not be subject to any discount.
ATHENS, GA
BAKERSFIELD, CA
BATTLE CREEK, MI
BAY CITY, MI
BILLINGS, MT
BISMARK, ND
BLOOMINGTON, IN
BLUEFIELD, WV
BRAINERD, MN
BRIDGEPORT, CT
BURLINGTON, VT
CHARLESTON, WV
CHARLOTTESVILLE,VA
CHEYENNE, WY
CLARKSBURG, WV
COEUR D'ALENE, ID
CORNING, NY
DAIRY ASHFORD, TX
DANBURY, CT
DOTHAN, AL
COLUMBUS, GA
EDINBURG, VA
EUGENE, OR
FARGO, ND
FAYETTEVILLE, AR
FRESNO, CA
FT. MEYERS, FL
GALESBURG, IL
GARDEN CITY, NY
GRAND ISLAND, NE
GRAND RAPIDS, MN
GREENSPOINT, TX
HAGERSTOWN, MD
HARRISONBURG, VA
HELENA, MT
HIBBING, MN
IRON MOUNTAIN, MI
JANESVILLE, WI
JOHNSON CITY, TN
LA CROSSE, WI
LAURINBURG, NC
LAWRENCE, MA
LAWRENCEVILLE, IL
LEXINGTON, KY
LIMA, OH
MANCHESTER, NH
MANSFIELD, OH
MATOON, IL
MEDFORD, OR
MONROE,LA