Prior to August 1, 2001, service was furnished under WIDSI Tariff FCC No. 7 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.
· WIDSI Tariff FCC No. 7 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 WIDSI Tariff FCC No. 7, 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 WIDSI Tariff FCC No. 7 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 WIDSI Tariff FCC. No. 7 and currently contained in this Guide.
· Except as noted in the preceding paragraph, the text of this Guide replicates the information contained in former WIDSI Tariff FCC No. 7 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.
EXPRESSNET SERVICE
1.0 APPLICATION OF TARIFF
This tariff contains regulations and rates applicable to the furnishing of interstate private line services by the Company, among the Company's terminals identified in Section 4.7, and the extension of such channels to customer stations within the continental United States via facilities provided by other authorized common carriers.
2.0 DEFINITIONS
For the purposes of this tariff the following definitions shall apply.
Bit: Denotes the smallest unit of information in the binary system.
BPS: Bits per second.
Cancellation of Order: The withdrawal by the customer of an order for service prior to completion of installation by the Company.
Discontinuance: The disconnection of a circuit, dedicated access line or port connection being used for existing service. (This differs from a Cancellation of Order).
ExpressNet Terminal: Any city in which ExpressNet service terminates.
F1/F2 Modem: Frequency shift modem utilized for transmission of asynchronous data services through voice grade facilities.
ITMC: A Company International Test and Maintenance Center.
Local Access Administration: Provides for the design, ordering, installation coordination, pre-service testing, service turn-up and maintenance on a Company or customer provided local access channel.
Local Access: A dedicated arrangement which connects a customer location to a Company terminal location.
Two-Way Transmission: The capability of transmission in either direction or in both directions at once.
Two-Wire Circuit: A circuit using two one-way carrier transmission paths, plus one wire-pair.
3.0 REGULATIONS
3.1 Description of Service
ExpressNet service is an asynchronous data communication service provided among the Company's terminals in the cities listed in Section 4.7.
3.2 Undertaking of the Company
Scope: The services described herein are provided on a 7 days per week, 24 hours per day basis, for an initial minimum term of two consecutive months.
Availability of Facilities: With regard to the services provided under this tariff:
1. Service is offered subject to the availability of facilities and the provisions of this tariff. Notwithstanding any other provision in this tariff or in any contract that incorporates the tariff, in whole or in part, the Company may (a) deny customer requests for services or facilities and thereby limit or allocate its furnishing of such services or facilities, or (b) limit or allocate the facilities available to, or capacity utilized by, any particular service, service option, or class of service in aggregate, if necessary, in order to: (i) manage its network in an efficient manner; (ii) meet reasonable customer service expectations; and, (iii) furnish service to existing and future customers based on current and projected available capacity, taking into account forecasted customer requirements.
2. The Company's obligation under this tariff is to furnish service consisting of facilities and equipment that is exclusively of the Company's choosing. Unless otherwise provided for in this tariff or in any other contract pertaining to service provided under this tariff, the Company may substitute facilities or equipment used to furnish service, or substitute comparable service for any service furnished under this tariff, at any time.
3.3 Limitations and Liability of the Company
(A) The Company's liability to the Customer or to any third party for loss or damage arising from mistakes, omissions, interruptions, delays, errors, or defects in transmissions, whether or not due to the Company's negligence or fault (except willful misconduct), will not exceed the pro rata amount of the monthly charge attributable to the affected transmission. This liability shall be in addition to any amounts that may otherwise be due the Customer under this tariff as an allowance for interruptions. These conditions and limitations apply to all special, consequential, indirect or incidental damages arising from or connected with the services covered by this Tariff.
The Company will have no liability for any loss or damage arising from any act or omission of the Customer or of any other person, corporation or entity furnishing a portion of the service, equipment or facilities; or from causes beyond the Company's reasonable control, including, but not limited to, acts of God, fires, floods and other catastrophes, strikes, work stoppages, power failures, civil disturbances, national emergencies, wars and governmental direction.
(B) The Company shall be indemnified and saved harmless by the customer against all claims for libel, slander, or infringement of copyright arising from the material transmitted over the channels or facilities; against claims for infringement of patents arising from, combining with, or using, in connection with channels or facilities furnished by the Company, apparatus and systems of the customer and against all other claims arising out of any act or omission of the customer or in connection with channels or facilities furnished by the Company.
(C) The Company is not liable for any act or omission of any other carrier or company furnishing a channel, facility or service interconnected with or provided in conjunction with the Company's channels or facilities.
(D)
3.4 Provision of Facilities
(A) The Company will furnish all facilities necessary to provide service to the customer, except that a customer may provide his own station equipment for use with the service furnished by the Company.
(B) The Company undertakes to maintain and repair the facilities which it furnishes. The customer may not rearrange, disconnect, remove or attempt to repair any facilities furnished by the Company, or permit others to engage in such activity on his or her behalf, without the prior consent of the Company.
(C) Facilities provided by the Company may be interconnected with those of any other communications carrier.
3.5 Use of the Service
3.5.1
3.5.2
3.6 Liability of the Customer
(A) The customer shall be responsible for any damages to the facilities of the Company caused by the negligence or willful act of the customer.
(B) The customer shall be responsible for reimbursing the Company for any losses sustained attributable to theft or vandalism of facilities occurring on the customer's premises.
(C) The customer shall indemnify and save harmless the Company against claims for libel, slander or infringement of copyright arising from the material transmitted over the circuit, and against all other claims arising out of any act or omission of the customer in connection with the facilities provided by the Company.
3.7 Obligations of the Customer
The customer is responsible for:
(A)
(B) Obtaining permission for the Company's employees or agents to enter the premises of the customer at any reasonable hour for the purpose of installing, inspecting, repairing, or upon termination of the service, removing the facilities of the Company.
(C) Making the Company's facilities available for periodic maintenance at a mutually agreed upon time. No credit allowance will be given for service interruptions necessitated by such facility maintenance.
(D)
3.8 Term of Commitment
ExpressNet Service is furnished for an initial minimum term of two consecutive months.
3.9 Payment of Charges
(A) The Company will render invoices monthly in advance.
(B)
(C) Installation charges are payable at the time of establishing service.
(D) Applicants for service who have no account with the Company or whose financial responsibility is not a matter of general knowledge, may be required to make an advance payment at the time an application for service is placed with the Company equal to the installation charges, if applicable, and at least two months estimated charges for the service to be provided. In addition, where the furnishing of service involves an unusual investment, applicants may be required to make payment in advance for the estimated cost of the installation. The amount of the advance payment is credited to the customer's account as applying to any indebtedness of the customer for the service furnished.
(E) When service does not start on the first day of the calendar month, the charge for the fractional part of the monthly billing period during which service is furnished will be the proportionate part of the monthly charge based on the fractional monthly billing period to thirty days
3.9.1 Interruption Credits
Upon receipt of a request from the customer, credits for interruptions of service are included on the bill for the second month following the month of the outage. The Company will not be liable for interruption credit in any case where the claim for credit is not presented to the Company within 90 days after the day on which the interruption occurred.
3.9.2
3.9.3
3.9.4
3.10 Discontinuance of Service
3.10.1 Discontinuance by the Customer
(A) To discontinue an existing service, the customer must provide at least thirty (30) calendar days written notice of discontinuance measured from the date the written notice is received by the Company. Such written notice must be mailed to or physically delivered to the customer's sales representative. Such notice must contain:
1. The lease number of the circuit to be terminated.
2. The date when service is to be discontinued.
3. The customer contact name and telephone number.
(B) The customer will continue to be responsible for all charges, including administrative, engineering
and other expenses, associated with discontinuance of service, until the date of actual discontinuance, whether or not the service is used.
(C) In the event the customer has elected to have the Company order access or other facilities as the agent of the customer, the customer shall remain responsible for all charges (non-recurring and recurring) imposed by the providing carrier, including early discontinuance charges, if any. Such carriers may have Notice Periods different from those of the Company.
3.10.2 Discontinuance by the Company
3.10.2.1 The Company may discontinue the furnishing of service(s) to a customer, without incurring any liability under the following conditions.
3.10.2.1.1 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. The Company may discontinue service pursuant to Section 3.10.2.1 if:
(A) 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); or
(B) The customer provides false information to the Company regarding the customer's identity, address, credit-worthiness, past or current use of common carrier communications services, or its planned use of the Company service(s); or
(C) The customer has been given written notice by the Company of any past due amount (which remains unpaid in whole or in part) for any of the Company's other common carrier communications services to which the customer either subscribes or had subscribed or used.
3.10.2.1.2 Immediately upon written notice to the customer of any sum thirty (30) days past due.
3.10.2.1.3 Thirty (30) days after sending the customer written notice of noncompliance with any other provision of this tariff if the noncompliance is not corrected within the thirty (30) day period.
3.10.2.2 The discontinuance of service(s) by the Company pursuant to this Section does not relieve the customer of any obligation to pay the Company for charges due and owing for service(s) furnished up to the time of discontinuance, including all expenses and fees (including reasonable attorney's fees and collection agency fees) incurred by the Company in connection with the collection of any unpaid sum owed to the Company.
3.11 Cancellation of Application for Service
(A) When an application for service is cancelled by the customer, except where there is special construction of facilities, the customer will be liable for all local exchange carrier charges incurred by the Company on behalf of the customer plus a cancellation charge of $1,000.
(B) In addition to the charges in (A) above, where special construction of facilities has started prior to cancellation, and no other requirement exists for the specially constructed facilities, a charge equal to the costs incurred in the special construction, less net salvage, applies.
For example, the Company incurs a cost of $2000 for special construction of facilities, for which there is no other requirement, for a customer which subsequently cancels their application for service. Upon this cancellation, the Company determines that the net salvage value of these facilities is $1000. The cancellation charge therefore is:
$2000 - $1000 = $1000
(C) Special construction work or installation of facilities for a customer is considered to have begun when the Company incurs any expense in connection with the application for service.
3.12 Calculation of Charges
(A) In computing the charges for service, no charge is made for the first full or partial calendar day on which the service is made available to the customer; the day on which the service is withdrawn is charged as a full day.
(B) The Company may adjust its rates and charges or impose additional rates and charges on its customers in order to recover amounts it is required by governmental or quasi‑governmental authorities to collect from or pay to others in support of statutory or regulatory programs. Examples of such programs include, but are not limited to, the Universal Service Fund, the Primary Interexchange Carrier Charge, and compensation to payphone service providers for the use of their payphones to access Company service.
3.13 Local Access Administrative Charges
(A) Services and facilities furnished under this tariff may be connected, on the premises of the customer or on the premises of the Company, to private line service facilities furnished by other authorized domestic or international carriers in accordance with the terms, conditions and regulations set forth in the tariffs of such other authorized carriers.
Service furnished by the Company is not a joint undertaking with any other authorized carrier. The customer will make all arrangements with such other carriers furnishing services or facilities which are interconnected with services and facilities provided by the Company. The Company will, however, when requested to do so by the customer, make the necessary arrangements with a domestic carrier for landline extensions. In completing such arrangements on behalf of the customer, the Company shall be deemed to be the authorized agent of the customer and, in addition to the charges applied by the domestic carrier, there shall be a charge of $10.00 per month for each extension obtained and billed by the Company.
(B) The Company does not represent that the services furnished under this tariff are suitable for connection with services furnished by other authorized carriers. Any costs for equipment or for other special arrangements required to achieve interconnection or to achieve compatibility between interconnected services or facilities will be borne by the customer.
3.14
3.15 Interruptions of Service
Allowances for interruptions of service will be made in accordance with the following provisions, with the exception that no credit will be allowed for any interruption which is not under the Company's span of control. This includes an interruption caused by the negligence of the customer or failure of the facilities or equipment furnished by the customer, including the facilities and services of other carriers.
(A) The length of the interruption shall be measured from the time it is reported or becomes known to the Company.
(B) For the purpose of determining the amount of allowance or credit for an interruption every month is considered to have thirty days (30).
(C) No credit will be allowed for interruptions of service of less than 24 consecutive hours. For interruptions of service in excess of 24 consecutive hours, a credit allowance will be given based on .033 times the monthly rental charges for each consecutive 24 hours or major fraction of 24 hours thereafter during which time service is interrupted.
(D) In the case of interconnected circuits, a credit allowance will be granted only on the circuit which is interrupted.
In granting credit for an outage, the Company does not grant credits against charges for access facilities.
3.16 Delay in the Provision of Service
3.16.1 Delay of Service by the Customer
(A) A customer may, upon written notice to the Company, delay the scheduled in-service date of an order involving the installation or reconfiguration of a service, up to a maximum of thirty (30) consecutive calendar days after the original order due date.
(B) The customer will remain responsible for all charges (including those for access facilities and facilities obtained from other carriers or providers) which are incurred by the Company on behalf of the customer during the delay period.
(C) After an initial 30 consecutive calendar days of delay, the customer has the option to:
1. accept billing for the service, or
2. cancel the order and pay the applicable cancellation charge, or
3. continue the delay for an additional 30 day period, subject to the agreement of the Company, and continue its responsibility for all charges (including those for access facilities and facilities obtained from other carriers or providers) which are incurred by the Company on behalf or the customer during the delay period.
(D) If the customer elects to accept billing, the installation or reconfiguration will be completed as soon as reasonably practical after the customer gives the Company written notice to proceed.
3.16.2 Delay of Service by the Company
If an order is delayed beyond its scheduled in-service date for more than thirty (30) consecutive calendar days, and such delay is not requested or caused by the customer, the customer may cancel the order without liability for cancellation charges.
3.17 Design Changes
If the customer requests a design change after installation has started, but prior to the start of service, a design change charge will apply equivalent to $150 or the actual expense incurred by the Company as a result of the design change, whichever is greater.
3.19 Change in Service Arrangement
(A) Installation charges apply to the initial connection of a customer termination to an ExpressNet terminal.
(B) The minimum service period for service continued in use is determined from the date of initial installation. The customer will receive continuous service credit toward the minimum service period where the service arrangement remains intact when the customer's identity is changed due to corporate merger or sale.
4.0 RATES
A. GENERAL CHARGES
In addition to other service-related charges, FUSF, Administrative Expense Fee applies.
4.1 The monthly recurring charge for ExpressNet private line circuits operating at speeds of up to 1200 bps between customer stations located in the cities listed in Section 4.9 will be composed of two rate elements:
(a) Mileage Charge
(b) Station Termination Charge
4.1.1 Mileage Charges
The following mileage charges apply for ExpressNet private line circuits between the Company's operating centers in the cities listed in Section 4.7 following:
Mileage
Rate Per Mile
50 to 75 bps: Per Month
First Mile $88.00
Next 99 Miles 0.89
Next 150 Miles 0.66
Next 250 Miles 0.50 Next 500 Miles 0.33
Each Additional Mile 0.22
110 to 150 bps
First Mile 88.00
Next 99 Miles 1.00
Next 150 Miles 0.73 Next 250 Miles 0.55
Next 500 Miles 0.39
Each Additional Mile 0.28
300 bps
First Mile 110.00
Next 99 Miles 1.07
Next 150 Miles 0.77
Next 250 Miles 0.61
Next 500 Miles 0.44
Each Additional Mile 0.33
Mileage
Rate Per Mile
1200 bps Per Month
First Mile $132.00
Next 99 Miles 1.45
Next 150 Miles 0.94
Next 250 Miles 0.53
Next 500 Miles 0.40
Each Additional Mile 0.32
Example:
The mileage for a 50 bps channel between two ExpressNet operating centers is 175 miles. The charge for this channel is calculated as follows:
Charge for the first Mile = $88.00
Charge for the next 99 Miles = (99 x .89) 88.11
Charge for the next 75 Miles = (75 x .66) 49.50
TOTAL = $225.61
4.1.2 Station Termination Charge
The monthly charge is $30 per customer station termination. The customer is required to have an F1/F2 modem on his or her end of the line for service up to 300 bps. Service at 1200 bps has unique modem requirements which will be specified at the time of order.
4.2 Hubbing Surcharge
Customers will be assessed a $10 per month surcharge for each line hubbed at a Company central office.
4.3 Installation Charges
A one-time installation charge of $75.00 will apply to each customer station termination at the time it is initially connected.
4.4 Installation of Access Loops
The subscriber will be charged for the installation of access loops in accordance with the rates established by the relevant Local Exchange Carrier or another access provider.
4.5 Channels Between New York and Piscataway, NJ
ExpressNet channels between New York and Piscataway, NJ are free of charge to the customer for channel speeds up to, but not including, 1200 bps.
Rates for 1200 bps extension channels are calculated at the ExpressNet service rates.
4.6 Channels From Piscataway, NJ
Customers who order 10 or more 1200 bps ExpressNet channels between Piscataway, NJ and any other serving city will be charged a flat rate of $300 per channel regardless of the mileage. All standard installation and modem charges will apply.
4.7 Computation of Mileage Charges
Mileage charges between cities listed below are computed in accordance with the following formula:
Mileage = √((V1 V2)2 + (H1 H2)2)/10
Which states that mileage is equal to the square root of one-tenth of the sum of the squared difference between the Vertical coordinates and the squared difference between Horizontal coordinates listed in Section 4.7.
4.8 Service Availability: ExpressNet Service is available from the following cities:
Coordinates
Cities V H
Atlanta, Georgia 7260 2083
Blaine, Washington* 6037 8975
Boston, Massachusetts 4422 1249
Chicago, Illinois 5986 3426
Cleveland, Ohio 5574 2543
Dallas, Texas 8436 4034
Denver, Colorado 7501 5899
Detroit, Michigan 5536 2828
Detroit POC, Michigan* 5537 2826
Hartford, Connecticut 4687 1373
Hicksville, New York 4944 1345
Honolulu, Hawaii 11591 15609
Houston, Texas 8938 3536
Kansas City, Missouri 7028 4212
Los Angeles, California 9213 7878
Miami, Florida 8351 0527
Minneapolis, Minnesota 5781 4525
Mooers Fork, New York* 4215 1929
Newark, New Jersey 5015 1430
New Orleans, Louisiana 8483 2638
New York, New York** 4997 1406 Peace Bridge, New York* 5074 2334
Philadelphia, Pennsylvania 5251 1458
Piscataway, New Jersey 5085 1434
Pittsburgh, Pennsylvania 5621 2185
Portland, Oregon 6799 8914
Queens, New York 4986 1395
Rochester, New York 4913 2195
* Gateway for connection to channels serving Canada
** Gateway for connection to international channels to the Atlantic Ocean Region.
Coordinates
Cities V H
San Francisco, California*** 8492 8719
Seattle, Washington 6336 8896
Stamford, Connecticut 4897 1388
St. Louis, Missouri 6807 3482
Washington, D.C. 5622 1583
White Plains, New York 4921 1416
*** Gateway for connection to international channels to the Pacific Ocean Region.
5.0 NETWORK SERVICE ARRANGEMENTS
5.1 The following rates and regulations apply for
Network Service Arrangement for the provision
of a minimum of ten (10) 1.2 kbps ExpressNet
Channels between the Company's terminal in
Piscataway, New Jersey and the cities listed in
Section 5.1.2, Rates.
5.1.1 Rate Regulations
Service is provided for a minimum service period of five years.
If the customer cancels service prior to the completion of the minimum service period, or if the customer's Network Service Arrangement falls below the 10 channel minimum, the customer's termination liability will be equal to the difference between the monthly charges set forth in Section 4.0, Rates, and those listed in Section 5.1.2 below multiplied by the number of months of service taken.
Upon expiration of the minimum service period, Network Service Arrangements will automatically revert to the monthly charges set forth in Section 4.0, Rates.
5.1.2 Rates
The following monthly rates apply to the
portion of the service provided by the
Company between the Company's terminal
in Piscataway, New Jersey and:
Monthly Charge
Terminal Per Channel
Seattle $1199
Portland 1210
San Francisco 1249
Los Angeles 1211
Houston 882
Chicago 633
Detroit 539
Washington, DC 374
Charlotte 648
St. Ann, MO 780
Toronto 357
Vancouver 357
Wellesley, MA 358