Prior to August 1, 2001, service was furnished under WorldCom Network Services Tariff FCC No. 1 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. 1 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. 1, 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. 1 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. 1 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. 1 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.
· WorldCom 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 4.B of the General Terms and Conditions.
Any reference to tariff within the text of the Guide shall mean Guide.
INTERNATIONAL PRIVATE LINE SERVICES TARIFF
APPLICABILITY
This tariff contains the service offerings, rates, terms and conditions applicable to the furnishing of international private line telecommunications services from certain gateway cities in the United States to International
locations by, WorldCom Network Services, Inc. ("WorldCom" or "Company"), which is a nondominant common carrier providing telecommunications services pursuant to Section 63.10(a) of the Rules of the Federal Communications Commission, EXCEPT THAT, EFFECTIVE JUNE 23, 2001, THE DEFINITIONS AND THE RULES AND REGULATIONS CONTAINED IN THIS TARIFF AT SECTIONS I AND II, RESPECTIVELY, ARE SUPERSEDED BY THE GENERAL DEFINITIONS AND GENERAL TERMS AND CONDITIONS CONTAINED IN WORLDCOM TARIFF F.C.C. NO. 1, EXCEPT AS OTHERWISE PROVIDED FOR IN SECTION 1.C.01 THEREOF. When service is provided or to be provided by a concurring or participating carrier, "Company" shall be deemed to refer to such concurring or participating carrier.
I. DEFINITIONS Effective June 23, 2001, all Definitions are superseded by the General Definitions contained in WORLDCOM Tariff F.C.C No. 1, except as otherwise provided for in Section 1.C.01 thereof.
Access Connection
A private line service component which connects the facilities of Company or other domestic carriers with those of a Foreign Telecommunications Provider at an international boundary point.
Alternate Access
Alternate Access is 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. The charges for Alternate Access may be subject to private agreement rather than published or special tariff if permitted by applicable governmental rules.
AMI
Alternate Mark Inversion.
Ancillary Charges
Charges for supplementary services as described in Section V.5 which may consist of both nonrecurring and monthly recurring charges.
B8ZS
Bipolar with eight zero substitution.
Bandwidth
Bill Date
"Bill Date" is the date on which billing information is compiled and sent to the Customer. This date appears on the bill in the upper right-hand corner.
Billing Record Change
A change in Customer billing address.
Border Crossing Point (BCP)
A Facility maintained by the Company for the rendition of services as described in this Tariff.
Canadian Telephone Company
A Canadian common carrier who is authorized by the Canadian Radio-television and Telecommunications Commission to provide Interexchange or Local Access telecommunications service in Canada.
Cancellation of Order
A Customer request to discontinue processing a digital service description, either in part or in its entirety, prior to its completion. Cancellation charges will be assessed for each circuit end or dedicated access line cancelled if:
(a) the local exchange company or Alternate Access provider has confirmed in writing to Company that the circuit end or dedicated access line will be installed; or
(b) if facilities orders have already been submitted by Company to a connecting carrier.
Complete Circuit Coordination (3C)
Company coordination of installation and billing of both U.S. and Foreign Half Circuits.
Concentration and Segregation
In the DCS Concentration/Segregation application the DCS equipment located in a Point of Presence is used to electronically multiplex/demultiplex DS‑0 or DDS level channels from a Customer's DS-1 level Interexchange Service or Local Access circuit and then electronically cross-connect those channels to DS-0/DDS level Interexchange Service or Local Access facilities. This application is Company's required alternative to the use of DS-1/DS-0 channel banks and DS-0 level electrical distribution frames within Company Points of Presence. The exact cross-connection of the DS-0/DDS channels must be specified at the time of order.
Designation of information sufficient to allow Customer to arrange for and acquire Local Access service for use with Company-provided service.
DCS
DCS means Digital Cross-Connect System.
DDS Service
DDS means Digital Data Service which is an all digital dedicated Interexchange service designed for full-duplex data transmission at synchronous speeds of 56 or 64 Kbps.
Disconnection
The disconnection of a circuit, dedicated access line or port connection.
Diversity
Customer Designated Routing indicates a Customer designated departure
from a Company primary route.
Drop and Insert
In this application, the multiplex equipment is used to electronically cross-connect DS-0/DDS level channels between Customer DS-1 circuits or cross-connect DS-1 level circuits between Customer DS-3 circuits at a common multiplex location and may also provide for the dropping and/or inserting of DS-0/DDS level channels at that common location for connection to DS-0 level Local Access or Interexchange facilities. The DS-1 circuits may be a combination of DS-1 level Interexchange Services and DS-1 level Local Access facilities. The exact cross-connection of the channels between the Customer's circuits must be specified at the time of order.
DS-0
DS-0 means Digital Signal Level 0 Service and is a 64 Kbps signal.
DS-0 with VF Access
DS-0 Service with VF Local Access facilities provides for the transmission of analog voice and/or data within 300 Hz to 3000 Hz frequency range. Where available, a 32 Kbps (2 to 1) compressed service option may be provided on the international portion of the circuit.
DS-0 with DDS Digital Access
DS-0 Service with DDS Digital Local Service facilities provides for the transmission of digital data at speeds of 2.4, 4.8, 9.6, 56, or 64 Kbps.
DS-1
DS-1 means Digital Signal Level 1 Service and is a 1.544 Mbps signal.
DS-3
DS-3 means Digital Signal Level 3 Service and is a 44.736 Mbps signal.
E-0
E-0 is the European equivalent of DS-0 Service and is a 64 Kbps signal.
E-1
E-1 is the European equivalent of DS-1 Service and is a 2.048 Mbps signal.
ESF
Extended Super Frame.
Exemption Certificate
A written notification from the Customer that certifies that Local Access service is not subject to the Special Access Surcharge.
Foreign Administration
A foreign governing body.
Foreign Half Circuit
The portion of a point to point international circuit between its terminating point in a Foreign country and the appropriate satellite or theoretical mid-point of the transoceanic cable.
Foreign Telecommunications Provider (FTP)
A foreign administration, carrier or company which provides telecommunications services or facilities.
Fractional T-1
Fractional T-1 is a service provided in DS-0 multiples of 2 to 24 channels and connected to a Customer Premises via DS-1 level Local Access facilities.
Full Circuit
The combined Foreign and US Half Circuit portions of a point to point international circuit excluding US Interexchange Service and Local Access from the Customer Premises to Gateway and excluding Local Access to foreign location if identified as a separate component.
Gateway
A location in which the Company maintains facilities for the rendition of services as described in this tariff.
Gateway Connection
A private line service component applied to non-Canadian international private line service utilizing an international gateway.
Half Circuit
The portion of a point-to-point international circuit between its foreign and domestic ITMC's and the theoretical mid-point of the appropriate satellite or transoceanic cable.
Individual Case Basis (ICB)
Individual case basis (ICB) determinations involve situations where complex Customer-specific Company arrangements are required to satisfactorily serve the Customer. The nature of such service requirements makes it difficult or impossible to establish general tariff provisions for such circumstances.
International Gateway City
The cities from which Company provides International Communications Services via an international earth station or undersea cable.
Interruption
"Interruption" means a condition whereby the service or a portion thereof is inoperative (as defined in Section III, Performance Specifications), beginning at the time of notice by the Customer to Company that such service is inoperative and ending at the time of restoration.
ITMC
International Test and Maintenance Center.
Local Access
"Local Access" means the service between a Customer premise and a Company designated Point of Presence, between Customer and a Canadian Telephone Company-designated point of presence, or between a customer and a FTP point of presence.
Local Access Provider
"Local Access Provider" means an entity providing Local Access.
Multiplexing
"Multiplexing," or "muxing," is the sequential combining of lower bit rate services onto a higher bit rate service for more efficient facility capacity usage or vice versa.
A. DS-1/DS-0 (D4) Multiplexing:
This is a service provided by the Local Exchange Carrier at the Local Exchange Carrier wire center that allows for the multiplexing/demultiplexing of 24 VF or DS-0 channels per DS-1.
B. M13 Multiplexing:
M13 Multiplexing includes the provision of M13 multiplexing equipment in a Company, Canadian Telephone Company or Foreign Telecommunication Provider Point of Presence to perform the function of multiplexing or demultiplexing up to 28 DS-1 level Interexchange Services or Local Access circuits out of or into a single DS-3 level Interexchange Service or Local Access facility.
C. E-1/E-0 Multiplexing:
This is a service provided by the Foreign Telecommunication Provider that allows for the multiplexing/demultiplexing of 30 VF or DS-O channels per E-1.
NA
Not available
N/C
No charge
Nonrecurring Charges
Nonrecurring charges are one-time charges which are applied as described in Section V.4. Nonrecurring charges may also apply to certain Ancillary Charges described in Section V.5.
Past Due Date
The date on which finance charges are assessed.
Point of Presence
A Company-, Canadian Telephone Company-, or Foreign Telecommunications Provider-designated location where a facility is maintained for the purpose of providing access to its communications service.
Primary Route
The route which, in the absence of Customer-designated routing or temporary re-routing, would be used by Company in the provision of service.
Private Line
A "Private Line" is a dedicated transmission facility furnished to a customer without intermediate switching arrangements for full-time customer use.
Private Line Service
"Private Line Service" is an unswitched full-time transmission service utilizing dedicated access arrangements.
Route Diversity
Two channels which are furnished partially or entirely over two physically separate routes.
Service Commitment Period
Service Commitment Period is the length of time specified on the Digital Service Agreement for which the Customer agrees to accept and Company agrees to provide the described service.
Service Order
Service Order means a COMPANY-designated form upon which a Customer may order service or Customer forms which are accepted in writing by an authorized Company headquarters representative.
SF
Super Frame.
Start of Service Date
"Start of Service Date" is the requested service date or the date Service first becomes available from Company in accordance with the Technical Standards, whichever is later.
Technical Standards
Technical Standards are governed by the Performance Specifications described in Section III, Technical Standards, of this tariff.
Theoretical Midpoint
The theoretical halfway point that divides an international private line circuit into its respective U.S. and Foreign halves.
United States Half Circuit
The portion of a point-to-point international circuit between its originating ITMC in the Mainland and the theoretical mid-point of the appropriate satellite or transoceanic cable.
United States Mainland
The area within the boundaries of the District of Columbia and the 48 contiguous states as well as the offshore areas outside the boundaries of the coastal states of the 48 contiguous states (including the artificial islands, anchored vessels and fixed structures erected in such offshore areas for the purpose of exploring for, developing removing and transporting resources therefrom) to the extent that such areas appertain to and are subject to the jurisdiction and control of the United States within the meaning of the Outer Continental Shelf Land Act, 43 U.S.C. Section 1331, et seq.
VF
VF is voice frequency or voice-grade service designed for private-line service. Normal transmission is in the 300 hertz to 3000 hertz frequency band.
II. RULES AND REGULATIONS Effective June 23, 2001, all Rules and Regulations are superseded by the General Terms and Conditions contained in WORLDCOM Tariff F.C.C No. 1, except as otherwise provided for in Section 1.C.01 thereof.
1. Description and Limitations of Services
.01 Private Line Service is the furnishing of Company communication services between specified locations under the terms of this tariff.
.02 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, (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 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 opinion, provide Company with a reasonable return on its expenditures), but only for so long as such unavailability exists.
.03 Service is offered subject to the availability of facilities and the provisions of this tariff. Company reserves the right to refuse to provide service to or from any location where the necessary facilities and/or equipment are not available.
.04 Service may be discontinued upon written notice 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 the law.
.05
.06 Notices may be given orally or 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 Application for Service, notice shall be given to the last known business address of Customer or Company, as appropriate.
2. Miscellaneous Terms and Conditions
.01 Except as otherwise provided herein, service is provided on the basis of a minimum period of at least one year. For the purposes of computing charges in this tariff, a year is considered to have 365 days.
.02 Customers may be required to enter into written Service Order forms which may contain or reference a specific description of the services ordered, the terms and conditions, and the rates to be charged in accordance with the applicable provisions of this tariff. The Service Order form must contain the name(s) of the Customer(s) using the service. Customer will also be required to execute any other documents as may be reasonably requested by Company in order to provide service. If a Service Order form is entered into, it and this tariff shall together constitute the entire agreement between Company and Customer. In the event the Service Order form and this tariff are inconsistent, the tariff shall prevail.
.03 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 Headquarters Representative of Company. 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 Interexchange Service, quantity of circuits, originating and terminating cities, Requested Service Date, Service Commitment Period, changes and other information necessary for Company. 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 unless noted as an Individual Case Bases (ICB) term or condition. 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.
.04 The Service Commitment Period for any Service shall be established by the Service Order relevant thereto and commence on the Start of Service Date. Upon expiration, each Service Commitment Period for such Service shall automatically be extended subject to written notice of termination by either Company or Customer as of a date not less than thirty (30) days after delivery of said notice to the other. The charges for Interexchange Service during any such extension shall not exceed the then current Company month-to-month charges applicable to such Service. The Service Commitment Period for the Service shall commence on the Requested Service Date set forth in the Service Order relevant thereto or the date upon which the Service first becomes available in conformity with the relevant Technical Standards set forth in Section III whichever is later ("Start of Service Date").
.05 In the event suit is brought or an attorney is retained by Company to enforce the terms of this tariff, 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.
3. Liability
.01 Except as provided for in this Tariff, 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 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 (including state and local governments or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments (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.
.02 If Company's failure of performance by reasons specified above shall be 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 such interruption of service subject to provisions of II.10. If Company's failure of performance is for more than thirty (30) days, then the directly affected Service may be canceled by either party without liability other than Customer's liability for payment for Service provided prior to cancellation.
.03 Company is not liable for any act or omission of any other company or companies furnishing a portion of the Service.
.04 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 over Company's channels;
b. patent infringement claims arising from combining or connecting Company channels with equipment and systems of the Customer;
c. all other claims arising out of any act or omission of the Customer in connection with any service provided by Company; and
d. defacement of, or damage to, the premises of a Customer resulting from the furnishing installation, and/or removal of channel 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 Company.
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 Company, its agents, or employees.
.04 The Customer is responsible for taking all necessary legal steps for interconnecting the Customer-provided terminal equipment with Company facilities. The Customer is responsible for securing all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection.
.05 Company may rely on Local Exchange Carriers, Foreign Telecommunications Providers or other third parties for installation and testing of the Service and for the performance of other services hereunder other than Interexchange Service (e.g., Local Access). Upon Customer request and execution and delivery of appropriate authorizing documents, Company may act as agent for Customer in obtaining such other services. Company's liability for timely installation, proper testing and operation of such other Services is limited in the General Limitation of Liability section of this Tariff. The Customer has sole responsibility for installation and testing of facilities and equipment other than that deemed necessary by Company for provision of Service other than Services described in a Service Order to be provided by Company. Customer's liability for charges hereunder shall not be reduced by untimely installation or non-operation of Customer provided facilities and equipment. The term of any foreign Local Access channel obtained by the Company on behalf of the Customer may not exceed the Service Commitment Period of its associated Foreign Half Circuit.
.06 The Customer has sole responsibility for installation and testing of facilities and equipment other than that deemed necessary by Company for provision of service.
.07 The Customer indemnifies and holds 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 this 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 such equipment where such installation, operation, failure to operate, maintenance, condition, location or use is not the direct result of Company's negligence or willful action.
.08 The Customer shall ensure that his equipment and/or system is properly interfaced with Company facilities, that the signals emitted into Company's network are of the proper mode, bandwidth,power, data speed, and signal level for the intended use of the Customer and in compliance with the criteria set forth herein, and that the signals do not damage Company equipment, injure personnel or degrade service to other Customers.
.09 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 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.
.10 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"). Defects caused by or contributed to, directly or indirectly, by act or omission of Customer or its Customers, affiliates, agents, representatives, invitees, licensees, successors or assigns (hereinafter "Customer and Related Parties") 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 Company, and Customer shall pay to Company any reasonable costs, expenses, damages, fees or penalties incurred by 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 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 service interruption 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.10.02 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.
.11 In the event parties other than Customer (e.g., Customer's Customers) shall have use of the service directly or indirectly through Customer, then Customer agrees to 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 defect, interruption, error or delay in the service.
.12 In the event that Company is required to perform a circuit redesign due to inaccurate information provided by the Customer; or, circumstances in which such costs and expenses are caused by the Customer or reasonably incurred by Company for the benefit of the Customer, the Customer is responsible for the payment of all such charges.
4. Cancellation of Service by a Customer
.01 If a Customer cancels an order for Service before the service begins, before completion of the minimum Period, or before completion of some other period mutually agreed upon by the Customer and Company, a charge will be levied upon the Customer for the nonrecoverable portions of expenditures or liabilities incurred expressly on behalf of the Customer by Company and not fully reimbursed by installation and monthly charges. If, based on an order by a Customer, any construction has either begun or been completed, but no services provided, the nonrecoverable costs of such construction shall be borne by the Customer. 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 V. 3. If, under a promotional offering, the Company agreed to waive certain charges, and the Customer subsequently cancelled 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 Customers who subscribe to Interexchange Service are subject to the following provisions upon cancellation of Service. In addition, 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 other costs, expenses, or additional charges reasonably incurred by Company on behalf of Customer as Customer's agent.
a. If the Service Commitment Period is one (l) year, then the cancellation charge shall be an amount equal to the balance of the monthly 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 period relevant thereto.
b. If the Service Commitment Period for the service canceled is longer than one (l) year and such cancellation becomes effective prior to completion of such Service Commitment Period, then the cancellation charge shall be an amount equal to the balance of the monthly charges (then in effect at the time of cancellation) for such canceled service that otherwise would have become due for the unexpired term of the Service Commitment Period, discounted to present value by the then prevailing prime interest rate plus two (2) percentage points.
c. Company's damages in the event Service is subject to Cancellation for Convenience are difficult or impossible to ascertain. These provisions are intended to establish liquidated damages in the event of a Cancellation for Convenience and are not intended as a penalty.
.03 The foregoing to the contrary notwithstanding, and upon either thirty (30) days prior written notice for Canadian Service or sixty (60) days prior written notice for US Half Circuit Service, either Customer or Company shall have the right, without cancellation charge or other liability, 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 Federal Communications Commission, Canadian Radio-television and Telecommunications Commission, or other local, state, federal or foreign government authority.
5. Cancellation for Cause by Company
.01 Upon nonpayment of any sum owing to Company, or upon a violation of any of the provisions governing the furnishing of service under this tariff, 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 cancelled service as of the date of such disconnection and shall be liable for any cancellation charges set forth in Section II.4 in this tariff.
.02 Company may discontinue the furnishing of service(s) to a Customer, without incurring any liability immediately and without notice if Company deems that such action is necessary to prevent or to protect against fraud or to otherwise protect its personnel, agents, facilities or services. Company may discontinue service:
a. if the Customer refuses to furnish information to 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 Company regarding the Customer's identity, address, credit worthiness, past or current use of Customer communications services, or its planned use of Company Service(s);
c. if the Customer states that it will not comply with a request of Company for reasonable security for the payment for service(s);
d. if the Customer has been given written notice by Company of any past due amount (which remains unpaid in whole or in part) for any of Company's common carrier communications services to which the Customer either subscribes or had subscribed or used;
e. immediately upon written notice to the Customer of any sum thirty (30) days past due;
f. immediately upon written notice to the Customer, after failure of the Customer to comply with a request by Company for reasonable security for the payment of service; or
g. thirty (30) days after sending the Customer written notice if noncompliance with the foregoing paragraphs of this subsection is not corrected within the thirty (30) day period.
.03 If at any time there is a material change in Customer's credit worthiness, 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 credit worthiness 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 remedies set forth herein shall not be exclusive and 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. There are no restrictions of sharing or resale of services. However, the Customer remains liable for all obligations under this tariff notwithstanding such sharing or resale and regardless of Company's knowledge of same. Company shall have no liability to any person or entity other than the Customer. 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 Company or others.
.02 Service furnished by Company may be arranged for joint use or authorized use. The joint user or authorized user shall be permitted to use such service in the same manner as the Customer, but subject to the following:
a. One joint user or authorized user must be designated as the Customer. The designated Customer does not necessarily have to have communications requirements of his own. The Customer must specifically name all joint users or authorized users in the Digital Service Agreement. Orders which involve the start, rearrangement or discontinuance of joint use or authorized use service will be accepted by Company only from that 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 joint user or 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 fails to pay the company each joint user or authorized user shall be liable to the company for all charges incurred as a result of its use of Company's service. Each joint or authorized user must submit to the designated Customer a letter accepting contingent liability for its portion of all charges billed by the company to the designated Customer. This letter must also specify that the joint or authorized user understands that Company will receive a copy of the guaranty from the designated Customer. The Customer shall be responsible for allocating charges to each joint user or authorized user.
.03 In addition to the other provisions in this tariff, Customers reselling Company services shall be responsible for all interaction and interface with their own subscribers or customers.
.04 Service furnished by Company shall not be used for any unlawful purpose.
.05 A Customer may select a Service Commitment Period from 1 year to 5 years in duration. The Service Commitment Period selected by the Customer will begin on the Start of Service Date and the then current rate for U.S. Half Circuit Service or Canadian Service shall remain in effect throughout the Service Commitment Period. Upon expiration of the selected Service Commitment Period, service will continue on an annual basis at the current Company monthly charges for such service set forth herein unless cancelled by the Customer or Company in accordance with the provisions in this tariff.
If the rates change during the Service Commitment Period, the Customer shall have the option of canceling service if tariff revisions increase the applicable Access Connection rates without the Customer's written consent before the applicable Service Commitment Period expires. In this instance, the cancellation charges set forth in Section 11.4.02 shall not apply. In no event, however, can service be canceled solely on the basis of currency fluctuations. Rates for Foreign Half Circuits billed by the Company will be subject to periodic adjustment based on revised Foreign currency exchange rates.
.06 The provision of the Service will not create a partnership or joint venture between Company and Customer nor result in a joint communications service offering to the customers of either Company or the Customer.
.07 If Private Line Service is to be used for a third party in a foreign country, the Customer must obtain appropriate authorization from the foreign government, if required.
.08 International Private Line Service obtained pursuant to this tariff for the purpose of resale for the provision of third party services that are interconnected to the public switched network requires prior authorization from the FCC and a demonstration that the foreign government or administration affords equivalent resale opportunities.
8. Payment Arrangements
.01 If an entity other than Company (e.g., another carrier or a supplier) imposes charges on Company in connection with a service for which a Company non-recurring charge is specified, that entity's charges will be passed through to the Customer also. Payment for monthly recurring charges which are fixed in amount and not dependent on usage are due in advance on the first day of the month. In the event that service was provided for less than a month, monthly recurring charges will be pro-rated. Pro-rated monthly recurring charges are due on the first day of the month following the month in which service was provided. Installation and other non-recurring charges are due on the first day of the month following the month in which service was provided.
.02 Company's bills are payable on the Due Date stated on the bill. Amounts not paid within 30 days from the Due Date of the invoice will be considered past due. Customers will be assessed a late fee on past due amounts in the amount of the lesser of one and one-half percent (1 1/2%) per month or the maximum lawful rate under applicable law. If a Customer presents an undue risk of nonpayment at any time, Company may require that Customer to 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, Company shall consider the following factors: (A) the Customer's payment history (if any) with 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 such an undue risk may be required at any time to provide 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 three months' actual or estimated usage 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 Company's charges for its services as Company may deem necessary, including, without limitation, advance payments for service, third party guarantees of payment, 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 Company as it deems appropriate in the light of changing conditions. In addition, 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. At Company's option, such deposit may be refunded to the Customer's account at any time.
.04
.05 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.
.06 If a Foreign or Domestic Local Access Provider has established or establishes a Special Access Surcharge, Company will bill the surcharge beginning on the effective date of such surcharge for private line facilities presently in service. 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.
.07 In the event Company incurs fees or expenses, including attorney's fees, in collecting, or attempting to collect, any charges owed Company, the Customer will be liable to Company for the payment of all such fees and expenses reasonably incurred.
8.
9.
10. Allowance for Interruptions
.01 Company warrants that Canadian Service and U.S. Half Circuit Service will conform to the Technical Standards. Following Start of Service Date, if the Customer reports an Interruption in Service (and the interruption is due to failure in either Canadian or U.S. Half Circuit Service) to Company at Company's Maintenance Control Center and Company is unable to restore the affected Canadian Service or U.S. Half Circuit Service as warranted within one-half hour of such report, Customer shall, upon request directed to the Customer's designated Company Customer service representative, receive a credit at the rate of 1/1440 of the monthly recurring charges applicable to service directly affected by such Interruption of Service for each half hour or major fraction thereof in excess of the first half hour during which such service fails to conform to the Technical Standards.
If a portion of the service fails to conform to the Technical Standards over a period of thirty (30) days, the Customer may notify Company in writing of its conditional intent to cancel such service in accordance with the cancellation Provisions herein. If, over a period of thirty (30) days after receipt of such notice, the service fails to conform to the Technical Standards, the Customer may terminate the affected portion of the service without a cancellation charge at the expiration of the notice period. (See Cancellation Customer's credit and termination remedies shall not apply, however, in the event any Service Interruption is caused or contributed to, directly or indirectly, by any act or omission of the Customer or its Customers, affiliates, agents, representatives, invitees or licensees. THE FOREGOING WARRANTY AND REMEDIES 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 A SERVICE INTERRUPTION OR ANY DEFECT IN THE SERVICE WHATSOEVER, NEITHER 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, ACTUAL, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER.
02. No credit allowances will be made for:
a. Interruptions caused by the negligence of the Customer or others authorized by the Customer to use the Customer's service.
b. Interruptions due to the failure of power, equipment, systems,or services or services not provided by Company.
c. Interruptions during any period which Company or its agents are not afforded access to the premises where access lines associated with the Customer's services are terminated.
d. Interruptions during any period when the Customer or user has released the service to Company for maintenance or rearrangement purposes, or for the implementation of a Customer order.
e. Interruptions during periods when the Customer elects not to release the service for testing or repair and continues to use it on an impaired basis.
f. Interruptions not reported to Company.
03. An Interruption period begins when the Customer reports to Company's Maintenance Control Center that the service has been interrupted and releases it for testing and repair. An Interruption period ends when the service is operative again. If the Customer reports the service to be inoperative but declines to release it for testing and repair, the service is deemed to be impaired, but not interrupted.
04. If the Customer elects to use another means of communication during the period of Interruption, the Customer must pay the charges for the alternate service used.
05. As used herein, the term "service" includes circuits or equipment provided by Company and/or a participating carrier.
06. The Customer will continue to pay the Company for the U.S. portion of the service during periods when service on the foreign end is interrupted.
07. Where the Company bills the Customer for the overseas end of the channel, similar adjustments for interruption periods will be made in the charges of the Foreign Administration or other Foreign Telecommunications Provider, if agreed to by the Foreign Administration or other Foreign Telecommunications Provider providing the terminal at the overseas end of the channel.
11. Method for Calculation of Airline Mileage: The airline mileage between two cities can be calculated using the Vertical (V) and Horizontal (H) Coordinates and the airline mileage calculation formula as obtained by reference to AT&T's Tariff F.C.C. No. 10, Section 4.
12. Change in Service Arrangement
When a change in service arrangement involves the continued use by the Customer of channels furnished by Company, installation charges do not apply to the channels continued in use. The minimum service period for the channels continued in use is determined from the date of the initial acceptance thereof.
13.
14. Inspection
Company may, upon notice, make such tests and inspections as maybe necessary to determine that the requirements of this tariff are being complied with in the installation, operation or maintenance of Customer or Company equipment. Company may interrupt the Service at any time, without penalty to Company, because of departure from any of these requirements.
15. Testing and Adjustment
Upon reasonable notice, the channels provided by Company shall be made available to 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.
16. Interconnection with Other Carriers
.01 Service furnished by Company may be connected with services or facilities of another Participating carrier. Such interconnection may be made at a Company POP or entrance site, at a POP of another participating carrier, or at the Premises of a Customer, joint user, or authorized user. Service furnished by 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 Company and other participating carriers shall be provided at the Customer's expense. Upon the Customer's request and acting as his authorized agent, Company will attempt to make the necessary arrangements for such interconnection.
17. Customer Provided Equipment
Customer premises circuit terminating equipment such as channel service units (CSU's), Network Terminating Equipment (NTU's), or multiplexing equipment and any other terminal equipment such as telephone sets or systems shall be provided by the Customer and furnished and maintained at the Customer's expense, except as expressly provided otherwise in writing.
18. Special Pricing Arrangements
Customized service packages and competitive pricing arrangements at negotiated rates may be furnished on a case-by-case basis in response to requests by Customers to Company for proposals or for competitive bids. Service offered under this tariff provision will be provided to Customers pursuant to contract. Unless otherwise specified, the regulations for such arrangements are in addition to the applicable regulations and prices on other sections of this tariff. Specialized rates or charges will be made available to similarly situated Customers on a non-discriminatory basis.
19. Private Line Services Between the U.S. and Canada
Private line services are furnished to a point of connection with facilities into Canada. The domestic portion of these services is provided pursuant to Company's current practices and procedures. The regulations of the Canadian Telephone Companies apply for facilities in Canada.
20. Private Line Service Between the U.S. and Other Foreign Countries
Private Line Service is furnished from a Customer Premise in the U.S. Mainland to an International Gateway City in the U.S. Mainland which is subsequently connected to an international satellite or undersea cable facility as provided by a Foreign Telecommunications Provider. The domestic portion of the Service up to the International Gateway City is provided pursuant to Company's Tariff FCC No. 4. The regulations of the Foreign Telecommunications Provider apply to facilities in foreign countries.
III. TECHNICAL STANDARDS
1. APPLICATION OF TECHNICAL STANDARDS
The following Technical Standards set forth objectives for Company to
follow. When International Service is furnished, the Performance Specifications of this Tariff apply only to U.S. Half Circuit Service. 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
2.01 Technical Standards for DS-0 Service with VF Access
A. Interconnection Specifications
Defined in Bellcore Technical Reference TR-NPL-000335 and those publications referenced therein for Voice Frequency (300-3,3000 hertz Voice Grade) interconnection.
B. Quality Standards
1. General.
DS-0 Service with VF Access standards apply independently for Local Access, Interexchange Facilities (including Canadian Service), and US Half-Circuits and exclude non-performance due to the circumstances listed in Section II.3.01 or planned interruptions for necessary maintenance purposes. Local Access standards apply on a one-way basis between each Customer Premises Network Interface Point ("CPNIP") and the Company Point of Presence. Interexchange standards apply on a one-way basis between the originating and terminating Company Points of Presence. U.S. Half-Circuit standards apply to Half-Circuits to international locations other than Canada. The actual End-to-End performance of the service (CPNIP to CPNIP) will be a combined function of the Local Access and Interexchange Service specifications and may be affected by the Customer provided equipment.
2. Interexchange Standards.
The performance of the Interexchange Service portion of DS-0 Service with VF Access is measured by availability and error-free-seconds. Availability is a measure of the percent of total time that Service is operative when measured over a 365 consecutive day (8760 hour) period. Service is considered inoperative when there has been a loss of signal or when two consecutive fifteen-second interexchange loop-back tests confirm the observation of any severely errored seconds or a bit error rate equal to or worse than 1 x 10-6. Error Free Seconds ("EFS") is a measure of the percentage of total seconds that do not contain bit errors when measured over a consecutive 24 hour period. EFS shall be measured using a Pseudo Random Bit Sequence test pattern as defined in CCITT Recommendation 0.151. The following are the standards applicable to the Interexchange portion of DS-0 Service with VF Access:
Route Interexchange Interexchange
Error
Mileage Availability Free Seconds
10 - 250 99.850% 99.950%
251 - 1000 99.401% 99.857%
1001 + 99.510% 99.672%
3. Local Access Standards
The Voice Frequency (Voice Grade) U.S. Mainland Local Access facilities relevant to DS-0 Service with VF Access will meet or exceed the Local Exchange Provider standards for the applicable service as defined in Technical Publications 41004, 62501, and/or 62501. For the purpose of applying credit, service is considered inoperative when there has been a loss of continuity and the Service does not meet the transmission standards contained in the above-referenced Technical Publications.
4. U.S. Half-Circuit Standards
The performance of U.S. Half-Circuit DS-0 Service with VF access to international locations other than Canada is measured by availability and bit error rate. Availability is a measure of the percent of total time that Service is operative when measured over a 365 consecutive day (8760 hour) period. Service is considered inoperative when there has been a loss of signal or when tests confirm the observation of a bit error rate equal to or worse than 1 x 10-6. U.S. Half-Circuit DS-0 Service with VF access will have a standard of 99.5% availability. The Bit Error Rate (BER) for U.S. Half-Circuit DS-0 Service with VF access shall not exceed one bit error in every million transmitted bits over any given continuous four (4) hour period.
2.02 Technical Standards for DS-0 Service with DDS Access
A. Interconnection Specifications
Defined in Technical Reference Publication 62507 and publications referenced therein.
B. Quality Standards
1. General
DS-0 Service with DDS Access standards apply independently for Local Access, Interexchange Facilities (including Canadian Service), and US Half-Circuits. DS-0 Service with DDS Access standards apply on a one-way basis between the CPNIP which are connected to DDS Local Access facilities between which the Interexchange portion of DS-0 Service with DDS Access is provided (i.e., CPNIP-to-CPNIP or End-to-End) and exclude nonperformance due to Section II.3.01 or planned interruptions for necessary maintenance purposes. The actual End-to-End availability and performance of DS-0 Service with DDS Access may be affected by the Customer provided equipment. DS-0 Service with DDS Access may be configured with 2.4 Kbps, 4.8 Kbps, 9.6 Kbps, 32 Kbps, 56 Kbps or 64 Kbps DDS Local Access facilities. U.S. Half Circuit Standards apply to Half-Circuits to international locations other than Canada.
2. Availability
Availability is a measurement of the percent of total time that Service is operative when measured over a 365 consecutive day (8760 hour) period. DS-0 Service with DDS Access is considered inoperative when there has been a loss of signal or when two consecutive 15 second loop-back tests confirm the observation of any severely errored seconds or a bit error rate equal to or worse than 1 x 10-6. The availability of Local Access facilities relevant to DS-0 Service with DDS Access is based upon an average of the specifications published by Local Access Providers. The Interexchange, Local Access and End-to-End Availability Standards for DS-0 Service with DDS Access corresponding with various route mileage are as follows:
Local Access
Route Interexchange Availability End-to-End
Mileage Availability (Per Loop) Availability
0 - 250 99.850% 99.975% 99.800%
251 - 1000 99.401% 99.975% 99.351%
1001 + 99.510% 99.975% 99.460%
3. Performance (% EFS, while Available)
Performance is noted in EFS which are a measure of the percentage of total seconds when measured over a consecutive 24 hour period that do not contain bit errors. Performance shall be measured on a one-way basis using a Pseudo Random Bit Sequence test pattern as defined in CCITT Recommendation 0.151. The performance for Local Access facilities relevant to DS-0 Service with DDS Access is based upon an average of specifications published by Local Access Providers. The EFS standards for the Interexchange, Local Access and End-to-End portions of DS-0 Service with DDS Access corresponding with various route mileage are as follows:
Interexchange Local Access
Route Error Free Error Free End-to-End Error
Mileage Seconds Seconds (Per Loop) Free Seconds
0 - 250 99.950% 99.875% 99.700%
251 - 1000 99.857% 99.875% 99.607%
1001 + 99.672% 99.875% 99.422%
4. U.S. Half-Circuit Standards
The performance of U.S. Half-Circuit DS-0 Service with digital access to international locations other than Canada is measured by availability and bit error rate. Availability is a measure of the percent of total time that Service is operative when measured over a 365 consecutive day (8760 hour) period. Service is considered inoperative when there has been a loss of signal or when tests confirm the observation of a bit error rate equal to or worse than 1 x 10-6. U.S. Half-Circuit DS-0 Service with digital access will have a standard of 99.5% availability. The Bit Error Rate (BER) for U.S. Half-Circuit DS-0 Service with digital access shall not exceed one bit error in every million transmitted bits over any given continuous four (4) hour period.
2.03 Technical Standards for 56 Kbps DDS Interexchange Service
A. Interconnection Specifications
Defined in Technical Reference Publication 62507 and publications referenced therein.
B. Quality Standards
1. General
56 Kilobits per second ("Kbps") digital data service ("DDS") Interexchange ("IXC") Service (hereinafter "56K IXC Service") standards shall apply to all digital dedicated service designed for full duplex data transmission at synchronous speeds of 56 Kbps. 56K IXC Service standards apply independently for Local Access, Interexchange Facilities (including Canadian Service) and US Half-Circuits. 56K IXC Service standards apply between the CPNIPs between which 56 Kbps Interexchange Service is provided (CPNIP-to-CPNIP or End-to-End) and exclude nonperformance due to Service II.3.01 or planned interruptions for necessary maintenance purposes. The actual End-to-End availability and performance of 56K Interexchange Service may be affected by the Customer provided equipment. U.S. Half-Circuit Standards apply to Half-Circuits to international locations other than Canada.
2. Availability
Availability is a measurement of the percent of total time that service is operative when measured over a 365 consecutive day (8760 hour) period. 56K IXC Service is considered inoperative when there has been a loss of signal or when two consecutive 15 second loop-back tests confirm the observation of any severely errored seconds or a bit error rate equal to or worse than 1 x 10-6. The availability of Local Access facilities relevant to 56K IXC Service is based upon an average of the specifications published by Local Access Providers. The Interexchange, Local Access and End-to-End availability standards for 56K IXC Service corresponding with various route mileage are as follows:
Local Access
Route Interexchange Availability End-to-End
Mileage Availability (Per Loop) Availability
0 - 250 99.950% 99.975% 99.900%
251 - 1000 99.800% 99.975% 99.750%
1001 + 99.501% 99.975% 99.451%
3. Performance (% EFS, while Available)
Performance is noted in EFS which are a measure of the percentage of total seconds when measured over a consecutive 24 hour period that do not contain bit errors. The performance for 56 Kbps DDS Level Local Access Service is based upon an average of specifications published by Local Access Providers. The EFS standards for the Interexchange, Local Access and End-to-End portions of 56K IXC Service corresponding with various route mileage are as follows:
Interexchange Local Access
Route Error Free Error Free End-to-End Error
Mileage Seconds Seconds (Per Loop) Free Seconds
0 -250 99.950% 99.875% 99.700%
251 - 1000 99.857% 99.875% 99.607%
1001 + 99.672% 99.875% 99.422%
4. U.S. Half-Circuit Standards
The performance of U.S. Half-Circuit DDS Service to international locations other than Canada is measured by availability and bit error rate. Availability is a measure of the percent of total time that Service is operative when measured over a 365 consecutive day (8760 hour) period. Service is considered inoperative when there has been a loss of signal or when tests confirm the observation of a bit error rate equal to or worse than 1 x 10-6. U.S. Half-Circuit DDS Service will have a standard of 99.5% availability. The Bit Error Rate (BER) for U.S. Half-Circuit DDS Service shall not exceed one bit error in every million transmitted bits over any given continuous four (4) hour period.
2.04 Technical Standards for Fractional T-1 Service
A. Interconnection Specifications
Interconnection between the Customer's premises and the Fractional T-1 Service will be via a Local Access Provider DS-1 circuit. The Customer-provided multiplexer located at the Customer's premises must be D4 channelized and D4 framed to maintain compatibility with the Company or Local Access Provider Digital Cross-Connect Service ("DCS"). The Customer provided multiplexer must also be capable of being loop timed from the Company or Local Access Provider DCS. The DXS-1 jack at the Customer's premises connecting Local Access facilities with Customer's premises wiring shall be considered the CPNIP for Fractional T-1 Service.
B. Quality Standards
1. General
Standards apply on a one-way basis between specified measurement points. These standards are determined between two discrete segments (Interexchange and Local Access) and combined for application between CPNIPs (End-to-End). The actual End-to-End availability and performance of Fractional T-1 Service may be affected by the Customer provided equipment, dependent upon the type and quality of Customer premises equipment used. Fractional T-1 Service Standards apply independently for Local Access, Interexchange Facilities (including Canadian Service) and US Half-Circuits. When the channel carries analog data services, EFS and availability are dependent upon the Customer provided modem. U.S. Half-Circuit Standards apply to Half Circuits to international locations other than Canada.
2. Availability
Availability is a measurement of the percent of total time that service is operative when measured over a 365 consecutive day (8760 hour) period. Fractional T-1 Service is considered inoperative when there has been a loss of signal or when two consecutive 15 second loop-back tests confirm the observation of any severely errored seconds or a bit error rate equal to or worse than 1 x 10-6. The availability of DS-1 Local Access facilities relevant to Fractional T-1 Service is based upon an average of the specifications published by Local Access Providers. The Interexchange, Local Access and End-to-End Availability Standards for Fractional T-1 Service corresponding with various route mileage are as follows:
Local Access
Route Interexchange Availability End-to-End
Mileage Availability (Per Loop) Availability
0 - 250 99.900% 99.925% 99.750%
251 - 1000 99.601% 99.925% 99.451%
1001 + 99.004% 99.925% 99.854%
3. Performance (% EFS, while Available)
Performance is noted in EFS which are a measure of the percentage of total seconds when measured over a consecutive 24 hour period that do not contain bit errors. Performance is measured as a percentage of EFS (% EFS) where an errored second is defined as a second containing one or more bit errors. The performance for the DS-1 level Local Access facilities relevant to Fractional T-1 Service is based upon an average of specifications published by Local Access Providers. The EFS standards for the Interexchange, Local Access and End-to-End portions of Fractional T-1 Service corresponding with various route mileage are as follows:
Interexchange Local Access
Route Error Free Error Free End-to-End Error
Mileage Seconds Seconds (Per Loop) Free Seconds
0 -250 99.950% 99.750% 97.450%
251 - 1000 99.857% 99.750% 97.357%
1001 + 99.672% 99.750% 97.172%
4. U.S. Half-Circuit Standards
The performance of U.S. Half-Circuit Fractional T-1 Service to international locations other than Canada is measured by availability and bit error rate. Availability is a measure of the percent of total time that Service is operative when measured over a 365 consecutive day (8760 hour) period. Service is considered inoperative when there has been a loss of signal or when tests confirm the observation of a bit error rate equal to or worse than 1 x 10-6. U.S. Half-Circuit Fractional T-1 Service will have a standard of 99.5% availability. The Bit Error Rate (BER) for U.S. Half-Circuit Fractional T-1 Service shall not exceed one bit error in every million transmitted bits over any given continuous four (4) hour period.
2.05 Technical Standards for DS-1 (1.544 Mbps) Service
A. Interconnection Specifications
Defined in ANSI Standard T1.102 (formerly AT&T Compatibility Bulletin 119) and Technical Reference Publication 62411.
B. Quality Standards
1. General
DS-1 Service standards apply on a one-way basis between the CPNIP which are connected to Local Access between which DS-1 Interexchange Service is provided (CPNIP-to-CPNIP) or End-to-End) and exclude nonperformance due to Section II.3.01 or planned interruptions for necessary maintenance purposes. DS-1 Service Standards apply independently for Local Access, Interexchange Facilities (including Canadian Service) and US Half Circuits. The actual End-to-End availability and performance of DS-1 Service may be affected by the Customer provided equipment. U.S. Half-Circuit Standards apply to Half Circuits to international locations other than Canada.
2. Availability
Availability is a measurement of the percent of total time that service is operative when measured over a 365 consecutive day (8760 hour) period. DS-1 Service is considered inoperative when there has been a loss of signal or when two consecutive 15 second loop-back tests confirm the observation of any severely errored seconds or a bit error rate equal to or worse than 1 x 10-6. The availability of DS-1 level Local Access facilities relevant to DS-1 Service is based upon an average of the specifications published by Local Access Providers. The Interexchange, Local Access and End-to-End Availability Standards for DS-1 Service corresponding with various route mileage are as follows:
Local Access
Route Interexchange Availability End-to-End
Mileage Availability (Per Loop) Availability
0 - 250 99.960% 99.925% 99.810%
251 - 1000 99.840% 99.925% 99.690%
1001 + 99.601% 99.925% 99.451%
3. Performance (% EFS, While Available)
Performance is noted in EFS which are a measure of the percentage of total seconds when measured over a consecutive 24 hour period that do not contain bit errors. Performance shall be measured on a one-way basis using a Pseudo Random Bit Sequence test pattern as defined in CCITT Recommendation 0.151. The performance for DS-1 Local Access facilities is based upon an average of specifications published by Local Access Providers. The EFS standards for the Interexchange, Local Access and End-to-End portions of DS-1 Service corresponding with various route mileage are as follows:
Interexchange Local Access
Route Error Free Error Free End-to-End Error
Mileage Seconds Seconds (Per Loop) Free Seconds
0 - 250 99.950% 99.750% 97.450%
251 - 1000 99.857% 99.750% 97.357%
1001 + 99.672% 99.750% 97.172%
4. U.S. Half-Circuit Standards
The performance of U.S. Half-Circuit DS-1 Service to international locations other than Canada is measured by availability and bit error rate. Availability is a measure of the percent of total time that Service is operative when measured over a 365 consecutive day (8760 hour) period. Service is considered inoperative when there has been a loss of signal or when tests confirm the observation of a bit error rate equal to or worse than 1 x 10-6. U.S. Half-Circuit DS-1 Service will have a standard of 99.5% availability. The Bit Error Rate (BER) for U.S. Half-Circuit DS-1 Service shall not exceed one bit error in every million transmitted bits over any given continuous four (4) hour period.
5. MAINTENANCE
Repair effort will be undertaken upon notification of trouble by internal network surveillance systems or by notification of trouble and release of Service by Customer for testing.
6. ACCEPTANCE TESTS
Company will verify that the Service is performing in a satisfactory
manner prior to release to Customer. Customer will be allowed 24 hours to verify that the Service is performing within the relevant performance standards prior to Start-of-Service Date.
IV. PRIVATE LINE SERVICE OFFERINGS
Private Line Service is offered in the form of communication facilities dedicated to the use of a specific customer. Private Line Service is billed at predetermined monthly rates. Recurring Charges are billed in advance of the month in which service is performed. Nonrecurring Charges are billed in the month in which service is performed. The various types of private line service are listed below. Customers subscribing to
Company's International Private Line Service must order Service in
compliance with the minimum service period set forth in Section II.2.01. See Sections II.4 and II.5 for cancellation provisions.
1. PRIVATE LINE SERVICE BETWEEN THE U.S. MAINLAND AND CANADA
A. DS-0 (DIGITAL SIGNAL LEVEL 0) SERVICE
.01 DS-0 Service with VF Access
DS-0 service is a 64 Kbps dedicated digital interexchange channel service. With analog Voice Frequency (VF) Local Access facilities, DS-0 service will support the transmission of analog voice and/or data within the frequency range of 300-3000 Hz. DS-0 service with VF access combines digital long-haul transmission with analog private line Local Access.
.02 Company's DS-0 service is a 64 Kbps dedicated digital interexchange channel service. With DDS Local Access facilities, Company's DS-0 service may be utilized for the synchronous transmission of full duplex digital data at 2.4, 4.8, 9.6 or 56 Kbps. DS-0 service with DDS Local Access provides end-to-end digital service. In providing this service, the source of synchronization for the End-to-End circuit is Customer Provided Equipment. Therefore, synchronization for the End-to-End circuit is the responsibility of Customer.
B. DIGITAL DATA SERVICE (DDS)
Company's DDS service provides end-to-end digital private line Interexchange service designed for use in data applications. This dedicated DS-0 (64 Kbps) digital private line service is provided with DDS Local Access facilities and is designed for full-time synchronous transmission at 56 Kbps. In providing this service, synchronization for the IXC portion of the service is matched to the synchronization for the Local Access portion of the service, as furnished by the applicable Local Access Provider(s).
C. FRACTIONAL T-1 SERVICE
Fractional T-1 Service consists of 2 to 24 DS-0 interexchange channels between a Company point of presence and a Canadian Telephone Company point of presence utilizing DS-1 level Local Access facilities. A Digital Cross-connect System (DCS) is used to control the number of channels provided.
D. DS-1 (DIGITAL SIGNAL LEVEL 1) SERVICE
DS-1 Service is a high capacity point-to-point private line service designed for the simultaneous full-duplex transmission of digital signals at a nominal speed of 1.544 Mbps.
E. CUSTOMER PROVIDED EQUIPMENT
Customer premises circuit terminating equipment such as channel service units (CSU's) and multiplexing equipment and any other terminal equipment such as telephone sets or systems shall be provided by the Customer and furnished and maintained at Customer's expense in accordance with the rules and regulations in Section II.
F. INTERNATIONAL SERVICE TO CANADA
International private line services to Canada are point-to-point services furnished in part by Company and in part by the foreign company or administration. The services may be used for the simultaneous two-way transmission of analog signals within a frequency bandwidth of 300 to 3000 Hz and digital signals at speeds ranging from 2.4 Kbps to 1.544 Mbps.
G. SERVICE AVAILABILITY
The private line Service between the U.S. and Canada utilizes actual border crossings at Blaine, or Buffalo. Service availability may be limited by Canadian laws and regulations as well as technical and non-technical service limitations of the carrier or carriers providing the Canadian portion of the Service. If the customer requests or requires a carrier or facilities other than the carrier or facilities Company would ordinarily select to provide Service in Canada, or if Service was ordered prior to September 15, 1993, pricing of the Canadian portion of the Service will be according to the Canadian carrier's tariffs and regulations. Customers discontinuing Services ordered prior to September 15, 1993 and replacing it with Service provided at rates set forth in Section V. will be billed for any applicable termination and installation charges.
2. PRIVATE LINE SERVICE BETWEEN THE US MAINLAND AND OTHER FOREIGN COUNTRIES
A. DS-0 (Digital Signal Level) Service
.01 DS-0 Service with VF Access
DS-0 Service is a 64 kbps dedicated digital interexchange channel service. With analog Voice Frequency (VF) Local Access facilities, DS-0 Service will support the transmission of analog voice and/or data within the frequency range of 300-3000 Hz. DS-0 Service with VF access combines digital long-haul transmission with analog private line Local Access. Where available, a 32 Kbps (2 to 1) compressed service option may be provided on the international portion of the circuit. Higher compression ratios may be provided on an Individual Case Basis.
.02 DS-0 Service with Digital Access
With digital Local Access facilities, DS-0 Service may be utilized for the synchronous transmission of full duplex digital data at 56 or 64 kbps. DS-0 Service with digital Local Access provides end-to-end digital service. In providing this service, the source of synchronization for the circuit is Customer Provided Equipment. Therefore, synchronization for the circuit is the responsibility of Customer. Lower speeds may be provided on an Individual Case Basis.
B. Digital Data Service (DDS)
DDS Service provides end-to-end digital private line interexchange service designed for use in data applications. The dedicated DS-0 digital private line service is provided with DDS Local Access facilities and is designed for full-time synchronous transmission at 56 or 64 kbps. In providing this service, synchronization for the IXC portion of the circuit is matched to the synchronization for the Local Access portion of the service, as furnished by the applicable Local Access Provider(s).
C. Fractional T-1 Service
Fractional T-1 Service provides service at speeds of either 128, 192,256, 384, 512, 768, or 1024 Kbps between a Company point of presence and the Foreign Telecommunications Provider point of presence utilizing DS-1 level Local Access facilities where Fractional T-1 local access is not available. A digital Cross-connect system (DCS) is used to control the number of channels provided.
D. DS-1 (Digital Signal Level 1) Service
DS-1 Service is a high capacity point-to-point or point-to-multipoint private line service designed for the simultaneous full-duplex transmission of digital signals at a nominal speed of 1.544 Mbps.
E. E-1 Service
E-1 Service is a high capacity point-to-point private line service designed for the simultaneous full duplex transmission of digital signals at a nominal speed of 2.048 Mbps. This service is priced on a individual case basis and is subject to availability by the foreign Telecommunications Provider.
F. Customer Premise Equipment
Customer premise circuit terminating equipment such as channel service units (CSU's), Network Terminating equipment (NTU), multiplexing equipment and any other terminal equipment such as telephone sets or systems may be provided by either the Customer or the Foreign Telecommunications Provider as required under the applicable regulations of the Foreign Administration.
G. International Service to Other Foreign Countries
Company provided service consists of a half-circuit, which is the portion of a circuit between its originating or terminating point and its theoretical midpoint. Company may, however, in some cases coordinate installation and bill the entire circuit. ("Complete Circuit Coordination")
H. Service Availability
The private line service between the U.S. Mainland and other foreign countries is available from any existing Company Point of Presence in the U.S. Mainland. Domestic private line rates as described in Company Tariff FCC No. 4 will apply from the Customer's U.S. Mainland Premise to the International Gateway City or Border Crossing Point for the particular country. New York City is the International Gateway City for all countries except the following:
Gateway City Applicable Countries
Houston, TX Mexico
Miami, FL Argentina, Brazil, Jamaica, Puerto Rico, Venezuela
San Francisco, CA Australia, China, Hong Kong, Indonesia, Japan, South Korea, Malaysia, New Zealand, Philippines, Singapore, Taiwan, Thailand
Service availability may be limited by Foreign Administration laws and regulations as well as technical and non-technical service limitations of the Foreign Telecommunications Providers. Service availability is also subject to availability of facilities and services at the terms and conditions determined necessary by Company from vendors and carriers selected by Company, all in its sole discretion. Charges for local facilities used to connect a Customer premise to the Company's gateway or Border Crossing Point will be passed through to the Customer.
V. RATES
1. RATES FOR PRIVATE LINE SERVICE BETWEEN THE U.S. MAINLAND AND CANADA
01. GENERAL CHARGES
In addition to other service-related charges, FUSF, Administrative Expense Fee and CCRC apply.
1. RATES FOR PRIVATE LINE SERVICE BETWEEN THE U.S. MAINLAND AND CANADA
Except as set forth in Section IV.1.G, rates for the Canadian portion of the Service are set forth below. The rates set forth are for informational purposes only and are not subject to FCC jurisdiction. In addition, Canadian access and related charges will be assessed according to the tariffs and practices of the Canadian companies. Extraordinary charges assessed by the Canadian companies to establish Service may also apply. The rates for the U.S. portion of the Service are as published in Company Tariff F.C.C. No. 4. The applicable Border Crossing rate center is the one associated with the least overall charge for the service between the United States and Canada. Border Crossing Rate Centers are Blaine, Washington; Buffalo, New York (Peace Bridge); Calais, Maine; Crosby, North Dakota; Detroit, Michigan; Mooers Forks, New York; Neche, North Dakota; Pigeon River, Minnesota; and West Sweet Grass, Montana.
Month-to-Month or Term, Monthly IXC Rates
9.6 Service 19.2K Service 56K Service DS-1 Service
Mileage Base Per Mile Base Per Mile Base Per Mile Base Per Mile
1 - 25 $0 $11.34 $0 $12.04 $38 $9.12 $456 $109.44
26 - 50 $102 $7.27 $116 $7.39 $38 $9.12 $456 $109.44
51 - 100 $195 $5.40 $212 $5.47 $213 $5.62 $2554 $67.49
101 - 200 $526 $2.09 $543 $2.17 $471 $3.04 $5654 $36.48
201 - 500 $698 $1.23 $719 $1.28 $775 $1.52 $9302 $18.24
501 - 1000 $899 $0.83 $924 $0.87 $1003 $1.06 $12038 $12.77
1001 - 2000 $1499 $0.23 $1525 $0.27 $1725 $0.34 $20702 $4.10
Rates are computed using the Base rate for the highest applicable mileage band plus the per mile rate for that band times the total miles. For example, a 52 mile 9.6K circuit would be billed the $195 Base plus $5.40 times 52.
1-Year Term Discounts - Applies to IXC only
9.6K Service = 15%
19.2K Service = 15%
56K Service = 15%
DS-1 Service = 25%
2. RATES FOR PRIVATE LINE SERVICE BETWEEN THE US MAINLAND AND OTHER FOREIGN COUNTRIES
.01 Rates for the U.S. Half Circuit portion of the Service are set forth below. Foreign access and related charges will be assessed according to the tariffs and practices of the Foreign Telecommunications Providers. Extraordinary charges assessed by the Foreign Telecommunication Providers to establish Service may also apply. The rates for the domestic US portion of the Service (up to the International Gateway City) are as published in Company's Tariff FCC No. 4. All rates listed are monthly charges for digital Private Line Service. Unless otherwise specified, rates are for US Half Circuit Service only. Service is available from any existing Company Point of Presence in the U.S. Mainland. Service to countries not listed may be provided on an ICB basis where available. Applicable International Gateway Cities are listed in Section IV.2.H. In addition to the rates shown below, each circuit will incur a non-recurring installation charge of $1500. 3C Service is available where indicated below, and may be available at additional locations on an ICB basis.
Monthly IXC Rates, Minimum One Year Term
Country Medium 3C 32Kb 64Kb 128Kb 192KB 256KB 384KB 512KB 768KB 1.024KB 1.544KB
Argentina Cable(1) 3,500
Satellite 2,500 4,040 5,850 7,240 9,790 12,450 14,370 21,550
Australia Cable 3C 2,200 3,500 5,650 8,190 10,130 13,700 17,430 20,110 23,490 29,980
Satellite 3C 1,350 2,150 3,470 5,030 6,220 8,420 10,710 12,350 18,600
Austria Cable 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Azerbaijan Satellite(2) 12,200 18,300 27,450 34,300 41,200 51,450
Bahamas Satellite(3) 3,600
Belgium Cable 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Bermuda Cable 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Bolivia Satellite 2,500 4,040 5,850 7,240 9,790 12,450 14,370 21,550
Brazil Cable(4) 2,500 4,040
Satellite 2,500 4,040 5,850 7,240 9,790 12,450 14,370 21,550
Bulgaria Satellite(5) 11,060 15,870 24,330 34,120
Cayman
Islands Satellite(3) 3,600
Chile Satellite 3C 1,350 2,150 3,470 5,030 6,220 8,420 10,710 12,350 18,600
China Satellite 4,000 6,460 9,360 11,580 15,660 19,920
Colombia Satellite 2,500 4,040 5,850 7,240 9,790 12,450 14,370 21,550
Costa Rica Satellite 2,800 5,030 6,300 7,580
Cote
d'Ivoire Satellite(6) 4,245 7,610
Czech Rep. Satellite 4,000
Denmark Cable 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Finland Cable 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
France Cable 3C 1,500 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Germany Cable 3C 1,350 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Cable(7) 3,600 5,200 7,800
Guatemala Satellite 3,150
Honduras Satellite 3,000 4,800
Hong Kong Cable 3C 3,000 4,850 7,020 8,690 11,750 14,940 17,240 20,130 25,770
Satellite 3C 1,350 2,150 3,470 5,030 6,220 8,420 10,710 12,350 18,600
India Satellite(8) 3C 3,700
Indonesia Satellite 3,150 4,950 7,250 8,100 9,600 11,700 15,500 19,800
Ireland Cable 3C 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Israel Cable 2,600 4,200 6,080 7,530 10,180 12,950 14,940
Satellite 2,300 3,710 5,380 6,660 9,000 11,450 13,220 19,870
Italy Cable 3C 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Jamaica Cable(9) 4,400
Japan Cable 3C 1,450 2,300 3,710 5,380 6,660 9,000 11,450 13,220 15,430 19,870
Satellite 3C 1,450 2,150 3,470 5,030 6,220 8,420 10,710 12,350 18,600
Kazakhstan Satellite(10) 15,460 23,673 35,470 43,825
Korea, South Cable 3C 3,500 5,650 8,190 10,130 13,700 17,430 20,110 23,490 29,980
Satellite 3C 2,150 3,470 5,030 6,220 8,420 10,710 12,350 18,600
Malaysia Cable 3,750 6,060 8,780 10,860 14,680 18,680 21,550 25,160 31,590
Satellite 2,500 4,040 5,850 7,240 9,790 11,700 14,370
Mexico City Satellite 2,980 4,930 6,460
Netherlands Cable 3C 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Monthly IXC Rates, Minimum One Year Term (Continued)
Country Medium 3C 32Kb 64Kb 128Kb 192KB 256KB 384KB 512KB 768KB 1.024KB 1.544KB
New Zealand Satellite 3C 1,700 2,350 3,800 5,500 6,800
Norway Cable 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Panama Satellite 2,600 4,400 6,030 6,300
Philippines Cable 3C 3,500 5,650 8,190 10,130 13,700 17,430 20,110 23,490 29,980
Satellite 3C 1,450 2,150 3,470 5,030 6,220 8,420 10,710 12,350 18,600
Poland Satellite 4,000
Portugal Cable 2,150 3,470 5,030 6,220 8,420 10,710 12,350 18,600
Puerto Rico Cable(11) 2,500 4,040 5,850 7,240 9,790 12,450 14,370 16,780 21,060
Russia Satellite(12) 4,860 10,065 15,095 22,645 28,295 33,990 45,745 63,690
Saudi Arabia Satellite(13) 4,310
Scotland Cable 3C 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Singapore Cable 3C 3,000 4,850 7,020 8,690 11,750 14,940 17,240 20,130 25,770
Satellite 3C 1,350 2,150 3,470 5,030 6,220 8,420 10,710 12,350 18,600
South Africa Satellite(3) 3,150 4,950 7,250 8,100 9,600 11,700 15,500 19,800
Spain Cable 3C 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Sweden Cable 3C 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Switzerland Cable 3C 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Taiwan Cable 3,000 4,850 7,020 8,690 11,750 14,940 17,240 20,130 25,770
Thailand Satellite 3,150 4,950 7,250 8,100 9,600 11,700 15,500 19,800
Turkey Satellite(14) 4,000 6,460
United Cable 3C 1,350 2,150 3,470 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Kingdom Cable(15) 3,100 4,800 8,500 11,200 12,500 16,400
Uzbekistan Satellite(16) 10,660 15,175 22,970 27,425 32,140 49,495
Venezuela Cable(4) 2,500 4,040
Satellite 2,800 5,030 6,400 7,580
Notes accompanying preceding table:
Rates do not include US IXC and US local access.
Full Circuit rates do not imply Company warrants any technical standards for Foreign Half Circuit Service. Company is responsible for meeting the technical standards for US Half Circuit Service. The 32 Kb compressed circuits may require a 56 or 64 Kb domestic (US) transport. Multi-year discounts for 2,3,4,& 5 years are 3%, 5%, 7%, and 12% unless noted.
(1) ARGENTINA: Service is expected for the first quarter 1995. There are no term discounts available. The gateway location can be either Miami or New York.
(2) AZERBAIJAN: Price reflects full-circuit charge to Baku & does not include local access. Installation is $2,850. Term discounts are available for 3 & 5 years at 10% & 20%.
(3) BAHAMAS, CAYMAN ISLANDS, & SOUTH AFRICA: Subject to availability of facilities.
(4) BRAZIL & VENEZUELA: Term discounts are available for 3 and 5 years only. The gateway for Cable service can be either Miami or New York.
(5) BULGARIA: Price reflects full-circuit charge to Solia & does not include local access. Installation is $2,850. Term discounts are not available.
(6) COTE D'IVOIRE (IVORY COAST): Installation charges for the US half-circuits are $3,000. Term discounts are 9% for 3 years and 13% for 5 years.
(7) GERMANY: Price reflects full circuit to Frankfurt only and includes local access. Term discounts are available for 3 & % years at 5% and 10%.
(8) INDIA: Service is available to Bangalore, Bombay, Delhi, Hyderabad, Madras, and Trivandrum only.
(9) JAMAICA: A multi-year discount is available for 3 years only. The gateway city for Jamaica is Miami, Florida.
(10) KAZAKHSTAN: Price reflects full circuit to Alam-Ata only and does not include local access. Term discounts are only available for 3 & 5 years.
(11) PUERTO RICO: Price reflects full circuit to San Juan and does not include local access. The gateway city for Puerto Rico can be either Miami or New York.
(12) RUSSIA: Price reflects full circuit charge to Moscow & does not include local access. Installation is $2,850. Term discounts are available for 3 & 5 years at 10% & 20%.
(13) SAUDI ARABIA: Term discounts are available for 3 and 5 years only at 5% and 10%, respectively. Service is expected first quarter 1995.
(14) TURKEY: Term discounts are available for 3 and 5 years only at 5% and 10%, respectively.
(15) UNITED KINGDOM: Price reflects full circuit charge to London & includes local access up to 200km. Term discounts are available for 3 & 5 years at 5% & 10%.
(16) UZBEKISTAN: Price reflects full circuit charge to Tashkent & does not include local access. Installation is $2,850. Term discounts are available for 3 & 5 years at 10% & 20%.
.02 Except as noted in the table in Section V.2..01 above, term discounts will apply to circuits with a Service Commitment Period of two or more years as shown below:
Term (In Years) Discount Level
2 3%
3 5%
4 7%
5 12%
International Private Line Service revenue does not aggregate with domestic Private Line Service revenue for purposes of determining aggregate volume discount levels.
.03 A Gateway Connection charge applies to Service to non-Canadian foreign locations requiring a Gateway connection. Monthly recurring charges are listed below.
Service Monthly
Speed (Kbps) Charge
64 $25
128 50
192 75
256 100
384 150
512 200
768 300
1024 400
1544 500
3. APPLICATION OF NON-RECURRING CHARGES
.01 Installation Charges
Charges apply when the Customer requests new or additional service.
.02 Expedite Charges
Charges apply when Customer requests an installation of service in less than the normal interval.
.03 Change of Order Charges
Charges apply when Customer requests the following changes:
A. Change of Requested Service Date
When the Customer requests that his Requested Service Date be extended, the new Requested Service Date must be within 30 days of the previously set Requested Service Date. If the new Requested Service Date is more than 30 days or unknown, the order must be canceled and re-issued when a confirmed date is set. In such cases Company retains the right to apply the Cancellation Charges prescribed by Section II. A change of order charge will also apply when the Customer requests and Company accepts an advanced Requested Service Date that does not require an expedite.
B. Local service type change
When the Customer changes voice grade access to data grade access or vice versa.
C. Change of transmission speed, transmission mode or termination interface
D. Partial cancellation of orders (excluding cancellation of Interexchange Service)
.04 Change of Service Charges
A. Administrative Charges:
Charges apply for changes to Customer records such as billing address change, billing contact change, etc.
B. Move Charges:
Charges apply for the move of the Customer's Local Access either within the same building or within the same city.
C. Re-Engineering Charges
Charges apply for orders that are re-engineered due to:
(a) Customer requested change in Local Access type.
(b) Customer requests change in transmission speed, transmission mode, two wire/four wire termination or terminating equipment.
(c) Receipt of inaccurate information from Customer.
D. Cross-Connect Change Charges:
Customer requested changes in existing cross-connect arrangement on M13, DCS or D4 multiplex service. These charges are in addition to any installation charges applicable to the new service arrangement.
.05 Additional Installation/Maintenance Charges
A. Charges apply when the Customer requests that installation or circuit changes be performed during non-business hours.
B. Charges apply when the Customer requests a technician at Customer premise for trouble that results in a Customer provided equipment problem.
C. Charges also apply when the Customer requests a technician at Customer premise to alleviate a trouble presumed to be located in the service provided by Company, but which is caused by problems (including incompatibility with the service) in equipment provided by the Customer or third parties.
.06 Additional Engineering Services
Charges apply when the Customer requests the provision of engineering design or other activities which are not normally provided as part of the design and installation of service.
4. APPLICATION OF ANCILLARY CHARGES
.01 Cross-Connect Charges:
A cross-connect is an electrical connection made between two DS-1 circuits on a DSX-1 cross-connect panel or two DS-3 circuits on a DSX-3 cross-connect panel in a Company-designated Point of Presence. Cross-connections between non-Company facilities and other facilities will be provided only for use with Company facilities and in conjunction with Interexchange Services provided by Company to the same Customer.
.02 DS-1/DS-0 (D4) Multiplexing
DS-1/DS-0 (D4) Multiplexing is a service provided by the Local Exchange Carrier at the Local Exchange Carrier wire center that allows for the multiplexing/demultiplexing of DS-0 level (analog or digital) channels into or from DS-1 channels.
D4 Multiplexing charges are Local Exchange Carrier specific and are based on charges billed by the Local Exchange Carrier. Different charges apply for DS-1 and DS-0 analog and DS-1 to DS-0 digital multiplexing. DS-1 to DS-0 cross-connect charges apply in cases where the D4 multiplexer is used to connect DS-0 or DDS Local Access facilities to a Company DS-1, unless connection is to a switched access termination, and Company delivers a Connecting Facility Assignment to the Customer in order to facilitate the connection.
.03 M13 Multiplex Charges
The M13 Multiplexing Service provides for the provision of M13 multiplex equipment in a Company or affiliate Point of Presence to perform the function of multiplexing or demultiplexing up to 28 DS-1 level Interexchange or Local Access circuits out of or into a single DS-3 level Interexchange Service or Local Access facility.
.04 Digital Cross-Connect Service (DCS)
DCS can be used within the Company network for the two basic applications, DS-1/DS-0 Drop and Insert Service and DS-1/DS-0 Concentration and Segregation. The service is only available at approved Company DCS equipment locations.
DCS equipment located in a Company Point of Presence is used to electronically multiplex/demultiplex DS-0 level channels from a Customer's DS-1 level interexchange or Local Access facilities. It may also include the drop and/or insert of DS-0 level channels. This application is Company's required alternative to the use of DS-1/DS-0 channel banks and DS-0 level electrical distribution frames within Company Points of Presence. The exact cross-connection of the DS-0 subrate channels between the Customer's facilities must be specified at the time of order. Any change in the specified cross-connection shall result in an additional Nonrecurring Charge. The charges for this service reflects the DS-0 level administration and maintenance necessary to support the service adequately.
The charges for Digital Cross-Connect Service are applied per Customer DS-1 Interexchange Service or Local Access DSC termination. Charges for DCS Service must carry the same contract term as the associated DS-1 and/or DS-0 level service. Normal pricing applies for all associated Interexchange Services and Local Access. In cases where DS-1 Interexchange Services are terminated in DCS for connection to DS-0 level Local Access facilities, the DS-1 to DS-0 cross-connect charge will apply for each DS-0 channel.
.06 Echo Cancellation Service
With this service option, Company provides the echo cancellation equipment necessary to cancel the echo caused by the distance that calls routed over the circuit travel from origination to termination. Echo cancellation only applies to voice applications of DS-O Service with VF access and DS-1 Service. Company will employ echo cancellation equipment free of charge on DS-O and DS-1 Servicers to be used for voice applications and with a Primary Route greater than 800 route miles. In cases of Customer-requested Avoidance, diverse routing or other arrangements in which the circuit length exceeds the 800 miles only because of a Customer requested design option, the Customer will be charged for echo cancellation service if such service is ordered. Echo cancellation charges are applied per canceler and must carry the same contract term as their associated DS-O or DS-1 Interexchange Services.
.07 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 priced on an Individual Case Basis dependent on Customer requirements and is subject to the provisions of Section II.13.
5. LOCAL ACCESS CHARGES
Local Access charges are based on what the Customer would otherwise pay the Local Exchange Carrier or Foreign Telecommunications Provider pursuant to such Carrier's access tariffs for the same interconnection and/or service. This rate information is obtained from the applicable Local Exchange Carrier or Foreign Telecommunications Provider tariff.
Refer to the appropriate Local Exchange Carrier or Foreign Telecommunications Provider tariff for specific components and descriptions.