Prior to August 1, 2001, service was furnished under IDB WorldCom Services Tariff FCC No. 2 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.
· IDB WorldCom Services Tariff FCC No. 2 was 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 IDB WorldCom Services Tariff FCC No. 2, 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 IDB WorldCom Services Tariff FCC No. 2 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 IDB WorldCom Services Tariff FCC No. 2 and currently contained in this Guide.
· Except as noted in the preceding paragraph, the text of this Guide replicates the information contained in former in IDB WorldCom Services Tariff FCC No. 2 on July 31, 2001.
· If there is an inconsistency between a General Definition or a General Term and Condition, a service-specific definition or term and condition, or a definition and term and condition contained in a written contract between the Company and the Customer, the relationship with the Customer will consist of the following, in order of precedence from (1) through (3): (1) the definition or term and condition in the written contract; (2) the service-specific definition or term and condition; and (3) the General Definition or Term and Condition. An inconsistency will be deemed to include any instance in which a service-specific definition or a service-specific term and condition has no counterpart in the General Definitions or the General Terms and Conditions of Service.
· The Company may change the Guide from time to time and any change made will be binding on customers after fulfillment of the notice period set forth in Section 7.B of the General Terms and Conditions.
· Any reference to tariff within the text of the Guide shall mean Guide.
INTERNATIONAL PRIVATE LINE TELECOMMUNICATIONS SERVICE
DEFINITIONS Effective June 23, 2001, all Definitions, as they apply to business customers, 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.
Bit: The smallest unit of information in the binary system of information.
Business Days: The period between 8:00am and 5:00pm, Monday through Friday, excluding bank holidays.
Customer: A person, firm, corporation or any other legal entity that orders service from the Company and is responsible for the payment of charges and for compliance with the Company's regulations and the tariff provisions contained herein.
Customer Premises: A location, free of any interfering easements, designated by the customer for the provision of telecommunications services to the customer.
Duplex: A communications path that allows for simultaneous
transmission in both directions.
Facilities: Any item of communications plant or equipment used to provide or to connect to the Company's service.
Foreign Administration: A foreign governing body.
Foreign Telecommunications Entity: A foreign administration, carrier or company which provides telecommunications services or facilities.
Extension Channel: The means used to provide service between the Company and the customer location.
Gateway: A location in which the Company maintains facilities for the rendition of services as described in this tariff.
Half Channel: The portion of a point-to-point international circuit between its originating or terminating point and the appropriate satellite or theoretical mid-point of the transoceanic cable.
Half Duplex: The non-simultaneous transmission of signals in both directions.
International Serving City: The cities from which the Company WorldCom provides International Communications Services via an international earth station or undersea cable.
Shared Facilities: A Company facility used in the provision of service to more than one customer.
Simplex: The transmission of a signal in one direction.
Special Arrangement: The construction of new facilities or the special arrangement of facilities to meet a customer's requirements.
Terminal: Either a gateway or the gateway extension point to which the Company's rendition of service is linked by use of extension channels.
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.
1. APPLICATION OF TARIFF
This tariff contains the regulations and rates applicable to Private Line Telecommunications Service furnished by IDB WorldCom Services, Inc., or any successor entity (hereafter referred to as "IDB WorldCom" or "the Company") between points in the United States and overseas terminals, EXCEPT THAT, THE DEFINITIONS AND THE REGULATIONS CONTAINED IN THIS TARIFF ON PAGES 7 THROUGH 9 AND AT SECTION 2, RESPECTIVELY, AS THEY APPLY TO BUSINESS CUSTOMERS, 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. Service is furnished subject to the availability of facilities and subject to transmission, atmospheric and like limitations.
2. REGULATIONS Effective June 23, 2001, all Regulations, as they apply to business customers, 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.
2.1. Undertakings of The Company
2.1.1. Scope
A. The Company undertakes to install, operate and maintain International Telecommunications Service in accordance with the terms and conditions set forth in this tariff. The Company may act as the customer's agent for ordering facilities provided by other domestic or international carriers or entities when authorized by the customer, to allow connection to the Company's facilities. The customer shall be responsible for all charges incurred by the Company in connection with such service arrangements.
B. The Company shall maintain sole and absolute discretion over the routing of channels hereunder. Special routing or diverse routing capabilities will be subject to additional charges. In the event that the Company, in order to meet the requirements of a customer, is required to construct new facilities or to make special arrangements of its facilities, the applicable charges for special construction will be based on the Company's costs. These charges may be based on such elements as cost of equipment and materials, cost of installation, engineering, labor, supervision, general and administrative expense, overhead, interest during construction, other disbursements, depreciation, maintenance, taxes, provision for return on investment, and any other costs associated with the provision of the special service to be provided.
C. The provision of communications services by the Company is not part of a joint undertaking with any other entity providing communications facilities or services.
D. The Company does not undertake to transmit messages, but offers the use of its services to customers for the transmission of telecommunications.
2.1.2. Limitations
A. Provision of service is subject to the availability of facilities; the Company will make reasonable efforts to secure and retain facilities to provide the services requested by customers.
B. The Company's responsibility is limited to the
facilities which it furnishes in connection
with services provided under this tariff.
C. Service will only be provided where requisite
authorizations can be obtained from appropriate governing bodies.
D.
E. The Company may limit the use of service, or interrupt or discontinue service when necessary because of conditions beyond its control, or when the customer is using the service in violation of provisions of this tariff.
F. The Company may limit the use of service, or interrupt or discontinue service, without notice to the customer, by blocking traffic from or to certain countries, cities or exchanges when deemed necessary to prevent fraudulent or unlawful use of its service.
G.
H. In furnishing service between a terminal of the Company and an overseas terminal of a foreign administration or another company, the Company's responsibility is limited to the furnishing of the United States half channel, which, when combined with the facilities provided by such foreign administration, or another company, will establish a communications path between two terminals.
I. In the event of channel interruption caused by storms, or the action of the elements, or other acts of God, or by strikes, or by civil or military authority, or by wars, insurrections, riots, rebellions or the unlawful acts of individuals or by other conditions beyond the control of the Company, the Company reserves the right to provide private line service by any available substitute means (if acceptable to the customer) pending restoration of normal service.
2.1.3. Limitations on Liability
A. The liability of the Company for damages arising out of mistakes, omissions, interruptions, delays, errors or defects in transmission occurring in the course of furnishing service, and not caused by the negligence of the customer, shall in no event exceed an amount equivalent to the proportionate charge to the customer for the period of service during which such mistake, omission, interruption, delay, error or defect in transmission occurs; provided, however, that the Company shall have no liability for any such period which is less than the minimum duration specified for the particular service in the regulations applicable to such service set forth in this tariff.
B. The Company shall not be liable for any indirect, special, incidental, or consequential damages under this tariff including, but not limited to, loss of revenue or profits, for any reason whatsoever, including any delay or interruption of service or any failure in or breakdown of facilities associated with the service; or for any mistakes, omissions, delays, errors or defects in transmission occurring in the course of furnishing service, except as specified in 2.1.3(A). The Company's liability for a customer's direct damages incurred as a direct consequence of a service interruption or of the failure of the Company to perform shall in no event exceed an amount equal to that which the customer would have otherwise paid for the period that the service was not provided or during which the Company has failed to perform.
C. The Company shall not be liable for and shall be excused from performance during, and the customer shall not be liable for charges related to the company's excused performance during any failure of performance due to causes beyond its control, including, but not limited to, Acts of God, fires, floods, earthquakes, hurricanes, or other catastrophes; national emergencies, insurrections, riots or wars; strikes, lockouts, work stoppages or other labor difficulties; unavailability or non-performance of facilities provided by others; and any law, order, regulation or other action of any governing authority or agency thereof.
D. The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. The customer shall indemnify and hold the Company harmless from any and all loss, claims, demands, suits, or other action, or any liability whatsoever, whether suffered, made, instituted or asserted by the customer or by any other party, for any personal injury to or death of any person or persons, and for any loss, damage or destruction of any property, whether owned by the customer or by any other party, 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 any installation so provided. The Company may require the customer to sign an agreement acknowledging its acceptance of these provisions prior to such installation.
E. The Company shall not be liable for:
1. Any claims for libel, slander, or infringement of patents, trade secrets, or copyrights arising from or in connection with the transmission of communications by means of Company-provided facilities or services;
2. Any claims for infringement of patents, trade secrets or copyrights arising from the combination of Company-provided facilities or services with customer-provided facilities or services;
3. Any claim arising out of any act or omission of the customer or any other entity furnishing services or facilities for use in conjunction with services or facilities provided by the Company;
4. Unlawful or unauthorized use of the Company's facilities and services;
5. Any claim arising out of a breach in the privacy or security of communications transmitted over the Company's facilities;
6. Changes in any of the facilities, operations or procedures of the Company that render any facilities or services provided by the customer obsolete, or require modification or alteration of such facilities or services, or otherwise affect their use or performance, except where reasonable notice has not been provided to the customer; and
7. Any claim for damage to property, or injury or death to persons, including claims for payments made under Workers' Compensation law or under any plan for employee disability or death benefits, which may arise out of, or be caused by, any act or omission of the customer, or the construction, installation, maintenance, presence, use or removal of customer's facilities or equipment connected, or to be connected to the Company's facilities.
F. The customer shall indemnify and save the Company harmless from all liability as disclaimed by the Company, as specified in Sections 2.1.3.E.1 through 7, arising in connection with the provision of service by the Company to the customer, and the customer shall protect and defend the Company from any suits or claims alleging such liability, and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against the Company in connection therewith. The Company shall notify the customer of any such suit or claim against the Company.
G. The Company shall only be liable for any defacement of or damage to the customer's premise or equipment of the customer or others resulting from the furnishing of facilities by the Company on such premises or by the installation or removal thereof, when such defacement or damage is the result of a willful act of the agents or employees of the Company.
H. The Company assumes no responsibility for the
availability or performance of any cable or satellite systems or related facilities, under the control of other entities, or for other facilities provided by other entities used for service to the customer, even if the Company has acted as the customer's agent in arranging for such facilities or services, except to the extent that such nonperformance or nonavailability is the result of a willful act of the Company. Such facilities are provided subject to such degree of protection or nonpreemptibility as may be provided by the other entities.
I. The liability of the Company in the case of Extension channels furnished by it shall be the same as provided herein for the appropriate international facilities with which they are interconnected.
J. Any claim of whatever nature against the Company shall be deemed conclusively as having been waived unless presented in writing to the Company within ninety (90) days after the date service was affected.
K.
2.1.4. Provision of Facilities
A. The Company will make the necessary provisions for facilities to provide service to the customer, except that a customer may provide his own terminal equipment or connecting facilities for use with such service in accordance with the protection criteria set forth in the Connections Section of this tariff.
B. The Company undertakes to maintain and repair the facilities and equipment which it furnishes. No customer may rearrange, disconnect, remove or attempt to repair any facilities or item of equipment furnished by the Company or permit others to engage in such activity on its behalf without the prior written consent of the Company.
C. Facilities of the Company may be interconnected with those of the customer and/or any other entity, subject to the rules, regulations, and policies of the FCC and any other applicable governmental body.
D. Equipment and terminations furnished under this tariff are provided only for use in conjunction with the Company's facilities and services.
E. The facilities furnished under this tariff are provided subject to the conditions imposed on the Company by other service providers regarding International Communications Services and by the undersea cable construction and maintenance agreements.
2.2. Use of Service
2.2.1. The Service may be used as follows:
A. To transmit communications of the customer, or
B. To provide service to the public in a manner consistent with the terms of this tariff and the policies and regulations of the FCC.
2.2.2. Service is furnished subject to the condition that it will be used only for authorized and lawful purposes. The Company reserves the right to discontinue service, without notice, if abuse or fraudulent or unlawful use of the service occurs.
2.2.3. The customer may not rearrange, disconnect, remove, modify or attempt to repair or permit others to rearrange, disconnect, remove, modify or attempt to repair any Company facility without the prior written consent of the Company.
2.2.4.
2.2.5. Orders, including those for the installation, connection, repair or termination of service, will be accepted only from the customer.
2.2.6
2.2.6. Customers may, by use of their own equipment, create additional channels of a lesser capacity within the furnished by the Company, subject to FCC authorization where required.
2.2.7. 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.
2.2.8. 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; however, resale of private line service over separate satellite systems for the provision of third party services that are interconnected to the public switched network is prohibited.
2.3. Obligations of the Customer
The customer shall be responsible for:
A. Compliance with all provisions of this tariff.
B. The payment of all charges for services provided under this tariff, regardless of the availability of customer or other entity provided equipment, systems and/or facilities to be used in connection with the Company's services.
C. Making Company-provided facilities on customer premises available upon reasonable notice, for such tests and inspections as may be necessary to determine whether the requirements of this tariff are being complied with in the installation, operation and maintenance of Company-provided facilities.
D. Making customer-provided facilities which are connected to the Company's facilities available upon reasonable notice, for such tests and inspections as may be necessary to determine whether the requirements of this tariff are being complied with in the installation, operation and maintenance of such customer-provided facilities.
E. Cooperating with the Company in installation, maintenance, trouble determination, fault isolation, or, upon termination of service, removal of the Company's facilities, including, but not limited to, making the Company's facilities available at a mutually agreed upon time, and allowing the Company's employees or agents to enter the premises of the customer at that time.
F. Furnishing information in advance of any changes that affect the ability of the Company to prepare, install, and maintain service to the customer on a continuous basis.
G. Providing for the Company's rights under this tariff in any agreements or arrangements with lessors or others made in connection with the services to be provided under this tariff.
H. Obtaining all permits, licenses, variances and other authorizations required by federal, state and local regulatory bodies and jurisdictions as may be required to take service under this tariff.
I. Taking all necessary steps for the interconnection of customer-provided facilities or facilities provided by others with Company-provided facilities, including, but not limited to, securing all licenses, rights-of-way, permits, services or other arrangements necessary for interconnection.
J. The provision of space, heating or cooling, conduit, electrical wiring, power and power outlets for the operations of Company facilities and equipment located on the premises of the customer.
K. Damage to or loss of Company-provided equipment or facilities caused by the negligence or the willful act or omission of the customer.
L. Reimbursing the Company for any losses sustained by the Company attributable to theft or vandalism of equipment or facilities occurring on the customer's premises.
2.4. Payment Arrangements
2.4.1.
A.
B.
C.
2.4.2. Late Payments
A. If any portion of the payment due the Company is not received within 30 days of the invoice date, a late payment charge of 1.5% per month, compounded monthly, or the maximum percentage permissible by law, whichever is less, will accrue upon the unpaid balance commencing thirty-one (31) days after the invoice date.
B. Late payment charges will not be applied on any portion of the bill that is contested by the customer, so long as (i) the customer pays the undisputed amount, (ii) the Company is notified of the dispute within 30 days of the invoice date of the bill in question, (iii) the customer supplies the company with information to substantiate the disputed bill, and (iv) the dispute is settled in favor of the customer.
C. The customer will be liable for all expenses and fees (including reasonable attorney's fees) incurred by the Company in connection with the collection of any unpaid sum owed to the Company.
2.4.3. Deposits and Other Security Arrangements
A. Generally
In order to protect the financial interest of the Company, the Company may require such assurances of or security for the payment for services in the form of deposits, advance payments, guarantees, letters of credit, or any other mutually agreed upon security arrangement. The Company may require these assurances of or security for the payment for services either before or after commencement of service.
B. Amount Required
The amount required will be based on the credit review of the customer and the services to be provided by the Company (including equipment, etc.). Such amount may be based on an estimated bill for services up to and including a three-month period.
C. Interest
All payments made under 2.4.3.A will receive interest at the current rate for one (1) month certificates of deposit when the deposit is made.
D. Refunding or Crediting to Customer's Account
1. Deposits are payments made by the customer in advance of service which will be applied to the customer's account upon notice of termination of service. Once the customer has paid all amounts due, the balance of the deposit will be returned to the customer.
2. Advance payments are payments made by the customer in advance of service which will be applied to the customer's account upon commencement of service.
3. At the option of the Company, any payment made under 2.4.3.A may be refunded or credited to the customer at any time prior to the termination of service.
E. Maintaining Deposits
The Company shall review the necessity for maintaining deposits at least once every 12 months.
2.4.4.
B.
2.4.5.
2.5.6.
2.5. Minimum Service Period
2.5.1. Except as otherwise provided in this tariff or in a contract for service, the initial minimum service period is three (3) months.
2.5.2. Unless otherwise provided, a minimum service period will not apply for switched access origination or travel card service.
2.6. Customer Requested Change in Service
The customer may, by a written order, make changes within the general scope of service. If any such change causes an increase or decrease in the cost of, or time required for, performance of any part of the work or service, or affects the Company's ability to provide service in accordance with the stated performance, an equitable adjustment shall be made in the price and/or delivery schedule and/or performance criteria.
2.7. Cancellation of an Order for Service by the Customer
2.7.1. Generally
An order for service may be canceled by the customer upon receipt of written notice directed to the Company's corporate office. The cancellation will become effective from the date of receipt by the Company of the customer's notice except as otherwise indicated in subsequent provisions of this tariff. Cancellation penalties as outlined below will apply.
2.7.2. Cancellation Charges
A. Where the customer cancels an order for any services specified in this tariff, the full service rates specified in that section and the schedule shown below will be utilized in calculating the cancellation charge, irrespective of all special promotion rates.
Less than thirty days No recurring
after receipt of order charges
Thirty to ninety days One month's
after receipt of order recurring charges
More than ninety days Three month's
after receipt of order recurring charges
B. Where installation of service had begun prior to the receipt of a cancellation notice, except as otherwise indicated, the customer will be responsible for a charge equal to the non-recoverable costs incurred in the construction, such as the cost of equipment and materials, cost of installation, engineering, labor, supervision, general and administrative expenses, overhead, interest during construction, other disbursements, taxes and any other non-recoverable costs which may be incurred, less estimated net salvage.
C. Any charges imposed on the Company by any other facilities supplier as a result of cancellation of the application for service will be directly passed through to the customer.
D. Installation of special arrangement work is considered to have started when the Company incurs any cost including cancellation penalties imposed on the Company by its vendors in connection therewith or in preparation thereof which would not otherwise have been incurred, provided the customer has given the Company prior authorization to undertake the special arrangement.
2.8. Cancellation of Service by Customer
Service may be terminated by the customer upon receipt of forty-five (45) days written notice directed to the Company's corporate office, computed from the date of receipt by the Company of the notice.
Termination liability will apply as follows, whether or not the customer continues to use the service.
2.8.1. If the customer is not receiving service under contract of specified term, the customer is liable for full payment for the remainder of the minimum service period specified in this tariff, or for forty-five (45) days, whichever is longer. If the customer gives the company more than forty-five (45) days notice, the customer is liable for all charges until the requested discontinuance date.
2.8.2. If cancellation of service occurs anytime during a contract which is for one year or less, the customer is liable for full payment for the minimum service period specified in this tariff, or for the remaining contract value, whichever is greater.
2.8.3. Cancellation during a multi-year contract
A. Cancellation during the first year
The customer is liable for full payment for theremainder of the first year at the one year monthly rate, plus the current monthly contract rate times the number of full unexpired years remaining in the contract. For example, if the charge for a certain service is $1,000 per month for a five year contract, and $1,500 per month for a one year contract, and a customer contracts for five years, but cancels after six months, that customer would owe (6 x $1,500) + ($1,000 x 4) = $13,000.
B. Cancellation after the first year
The customer is liable for the difference between the current monthly contract rate and the previous term monthly rate (as defined below), multiplied by the number of months of service actually provided; plus one month's charges at the current contract rate times the number of full unexpired years remaining in the contract.
C. Definition of "previous term monthly rate": In those situations where the customer has signed a multi-year contract, the previous term is the available contract term for the service which directly precedes the term under which the customer contracted. The previous term monthly rate, then, is the rate for the previous term. For example, if a customer signs a five year contract for a service which also has rates for one and three years, and the customer cancels during the fourth year, the previous term monthly rate is the rate for a three year contract.
2.9. Termination by the Company for Cause or Non-Payment
2.9.1. Termination For Cause
A. The Company may immediately and without notice terminate any service or application for service if the Company deems that such action is necessary to protect against fraud or to otherwise protect its personnel, agents, facilities or services.
B. The Company may also terminate service upon written notice to the customer:
1. for any violation of any of the provisions governing the furnishing of service under this tariff.
2. for any violation of any law, rule, regulation or policy of any government authority having jurisdiction over the service.
3. by reason of any order or decision of a court or other government authority having jurisdiction over the service which prohibits the Company from furnishing such service.
4. upon notification to the Company from the customer's bank that the customer's payment check is being returned due to "insufficient funds."
5. where there has been any intentional or de facto transfer or assignment of services supplied by the Company, or a transfer of control of the customer, without the express written authorization of the Company, which shall be deemed a fraudulent use.
6. where a customer's use of the service has materially increased and a deposit has been requested by the Company, and the deposit has not been paid by the customer.
7. if a customer becomes the subject of a bankruptcy or an insolvency proceeding, or upon commencement of any other action against the customer with respect to creditors in the nature of bankruptcy or insolvency.
2.9.2. Termination For Non-Payment
The Company may terminate service after the longer of (i) seven (7) business days after the date of mailing of written notice to the customer of nonpayment of any sum thirty (30) days past due, or (ii) the minimum notice period required by local law, if payment is not received by the Company within the applicable time period.
2.9.3. Termination Liability
Upon termination of service by the Company, the customer is responsible for payment of all sums due, including any charges that would apply under this tariff, termination liabilities or minimum service charges, and any other costs which the Company may incur as a result of service termination.
2.9.4. Restoration of Service
Service may be restored to a customer only after all violations are corrected and all payments are current to the sole satisfaction of the Company.
2.9A. Continuation of Service After Expiration of Term
At the end of the term, service shall continue until the customer signs a new service agreement or cancels the service. During this period, the rate for service shall not be the rate for the agreement term, but shall be the tariffed rate for monthly service or for the shortest service term available in excess of one month.
2.10. Service Interruption Allowance
Pursuant to a customer's request, the Company will make allowance for interruption on channels in accordance with the following; provided, however, no credit will be allowed for any interruption caused by (i) the negligence of the customer, (ii) degradation or failure of the facilities or equipment furnished by the customer, including power, (iii) degradation or failure of equipment or services furnished by others, or (iv) the Company's failure to perform as delineated in Section 2.1.3 (C), preceding.
2.10.1. The interruption shall be measured from the time the customer notifies the Company of the interruption until such time as the Company makes the service available again for the customer's use.
2.10.2. No credit will be allowed for service interruptions where, after being reported by the customer, the Company or its agent is denied access to the customer's premises or is requested by the customer to suspend the trouble isolation and repair work.
2.10.3. No credit will be allowed for an interruption associated with the implementation of the customer's own order.
2.10.4. The amount of credit will be computed as follows:
A. No credit will be given for interruptions of less than thirty (30) minutes.
B. Credit will be allowed for an interruption of one-half hour or more and will be proportionate to the monthly recurring service charges for each half hour or fraction thereof of outage. Each half hour outage amounts to 1/1440 of the monthly charge.
C. Credit allowances in any month will be made only when the calculated amount of the credit for an interruption amounts to ten dollars ($10.00) or more, per channel.
2.10.5. 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.
2.10.6. 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 entity, if agreed to by the foreign administration or other foreign telecommunications entity providing the terminal at the overseas end of the channel.
2.11. Connections
2.11.1. Interconnection between customer-provided facilities and Company-provided facilities or services, or between facilities or services provided to the customer by any other entity and facilities or services provided by the Company, may be made by the customer at the gateways of the Company. Connection to the Company's gateways can be made using either dedicated or switched access services.
2.11.2. When service furnished under this tariff is used in connection with facilities provided by a customer, the operating characteristics of such facilities shall be such as not to interfere with the Company's facilities and personnel, or with any other service offered by the Company. The use of such facilities shall not: endanger the safety of Company employees or the public; induce harmful voltages or currents either in the conductors or between the conductors and ground; damage or require change in or alteration of facilities of the Company; interfere with the proper functioning of such facilities; or otherwise injure the public in its use of the Company's services. Upon notice from the Company that any facility provided by the customer is causing or is likely to cause such hazard or interference, the customer shall take such steps as shall be necessary to remove or prevent such hazard or interference; otherwise, the Company may terminate service.
3. DESCRIPTION OF SERVICE
3.1. Types of Service
This service provides for point-to-point or point-to-multipoint digital or analog services between an international serving city or an earth station in the United States and an international satellite or undersea cable facility for connection with compatible services on the distant end as normally provided by a foreign communications entity. Digital facilities may be used by the customer for the transmission of digital voice, data, video, facsimile, video teleconferencing, high speed data transfer, and any other use as can be accommodated for and as permitted by this tariff. Analog facilities may be used by the customer for voice only, data only, alternate voice/data or simultaneous voice/data, and any other use as can be accommodated for and as permitted by this tariff.
3.2. Standards
All circuits are conditioned to meet the relevant CCITT recommended standards.
3.3. Half-Channel Rates
1. Unless otherwise specified in this tariff, rates are for the U.S. half-channel only.
2. Unless otherwise specified in this tariff, rates are for a duplex half-channel. Simplex half channels will be provided upon request.
3.4. Service Availability
3.4.1. Service is available from the following gateway cities:
|
Washington, D.C. |
New York, New York |
|
Atlanta, Georgia |
Chicago, Illinois |
|
New Orleans, Louisiana |
Houston, Texas |
|
Detroit, Michigan |
Dallas, Texas |
|
San Francisco, Calif. |
Portland, Oregon |
|
Los Angeles, Calif. |
Philadelphia, Penn. |
|
Fort Lauderdale, Florida |
Boston, Mass. |
|
Seattle, Washington |
|
Not all foreign service points are directly accessible from every gateway city; however, additional interconnection facilities are available to any of these cities. Charges for these extended facilities will be billed to the customer by the Company. Charges for local facilities used to connect a customer's premises to the Company's gateway will be passed through to the customer.
3.4.2. All services are provided on a full-time (24 hours per day, 7 days per week) basis.
3.4.3. All services provided under this tariff are subject to the availability of facilities, including those provided by underlying facility or service suppliers.
3.5. Occasional Use Service
Occasional use service is available; provided that a 24-hour advance reservation is made. A reservation for occasional use service will not be accepted for any request made more than six months in advance.
3.6. Other Charges
3.6.1. Maintenance Visits
A maintenance charge of $100.00 applies for each visit of maintenance personnel to a customer's premise when the reported trouble is found to be caused by customer-provided station equipment or at the foreign end and not in the facilities or equipment furnished by the Company.
3.6.2. Retermination Charges
The full non-recurring charges imposed on the Company by any other facilities or service provider as a result of retermination will be directly passed through to the customer. In addition, the Company will charge a fee based on time and materials.
3.7. Special Promotions
The Company may, from time to time, offer special promotions to its customers.
4. RATES
.01 General Charges
In addition to other service-related charges, FUSF, Administrative Expense Fee and CCRC apply.
4.1. U.S. 1/2 Channel 1 Year Rates
All rates listed are monthly charges for digital private line service.
4.1.1. U.S. 1/2 Channel 1 Year Rates ‑ 16kb through 128Kb
Country Facility 16Kb 32Kb 9.6Kb 19.2Kb 56/64Kb 128Kb
Argentina Satellite N/A N/A $2,500 $4,040
Australia HAW‑5‑>PACRIM
‑>TAS‑2 2,200 1,500 2,600 3,500 5,650
Satellite 1,350 1,100 1,900 2,150 3,470
Austria Cable N/A N/A 2,150 3,470
Satellite 3,150 4,950
Azerbaij. Satellite* 12,200 18,300
Bahamas Satellite 3,600
Belgium Cable N/A N/A 2,150 3,470
Satellite 3,150 4,950
Bermuda PTAT 2,150 3,470
Bolivia Satellite 2,500 4,040
Brazil Satellite N/A N/A 2,500 4,040
Bulgaria Satellite* 11,060 15,870
Cayman Isl. Satellite 3,600
Chile Satellite 1,350 1,100 1,900 2,150 3,470
China Satellite 4,000 6,460
Colombia Satellite N/A N/A 2,500 4,040
Costa Rica Satellite 1,800 2,160 2,800 5,030
Czechoslov. Satellite 4,000
Denmark Cable N/A N/A 2,150 3,470
Satellite 3,150 4,950
Ecuador Not Avail at this time
Finland Cable N/A N/A 2,150 3,470
Satellite 3,150 4,950
France Cable(NY) 1,000* 1,500 1,100 1,900 2,150 3,470
(CH) 1,500*
Satellite N/A N/A 3,150 4,950
Germany Cable N/A N/A 2,150 3,470
Satellite 2,150 3,470
WorldClass* 3,000 3,600 3,000 4,900 6,200 7,800
Guatemala Satellite 3,150
Hawaii HAW‑5 1,170 2,020 2,300 3,710
Honduras Satellite 3,000 4,800
Hong Kong H4‑T3‑HJK/NPC‑
HJK/T5‑APC 3,000 4,850
Satellite 1,350 1,100 1,900 2,150 3,470
India SATCOM
(Only to Satellite 1,800 2,800 3,700
Bombay,
Madras,
Delhi)
India STP
(Only to Satellite 3,700
Bangalore,
Hyderabad,
Trivandrum)
Indonesia Satellite N/A N/A 3,150 4,950
Ireland Cable N/A N/A 2,150 3,470
Satellite 3,150 4,950
Israel Satellite N/A N/A 2,300 3,710
Cable 2,600 4,200
DARCOM Sat.* 7,100 13,500
Italy Cable N/A N/A 2,150 3,470
Satellite 3,150 4,950
Jamaica TCS-1 (MI) 2,500 4,400
TCS-1 (PR) 1,500 2,400
Japan Cable 1,450 1,170 2,020 2,300 3,710
Satellite 1,450 1,100 1,900 2,150 3,470
Kazakhstan Satellite* 10,660 15,175
Korea NPC‑HJK 1,790 3,080 3,500 5,650
Satellite 1,100 1,900 2,150 3,470
Malaysia Satellite N/A N/A 2,500 4,040
TPC‑4/APC 3,750 6,060
Mexico City Satellite 1,500 2,600 2,980 4,930
Netherlands Cable N/A N/A 2,150 3,470
Satellite 3,150 4,950
New Zealand Satellite 1,700 1,400 1,900 2,350 3,800
Nicaragua Not Avail at this time
Norway Cable N/A N/A 2,150 3,470
Satellite 3,150 4,950
Panama Satellite 2,600 4,400
Paraguay Not Avail at this time
Peru Not Avail at this time
Philippines Cable 1,790 3,080 3,500 5,650
Satellite 1,450 1,100 1,900 2,150 3,470
Poland Satellite 4,000
Puerto Rico* Cable 1,700 2,500 4,040
Russia* Sat. (UK) 10,660 15,175
(Moscow) Sat. (NY) 4,860 5,035 N/A 10,065 15,095
Scotland Cable N/A N/A 2,150 3,470
Satellite 3,150 4,950
Singapore Satellite 1,450 1,100 1,900 2,150 3,470
TCP4‑>APC 3,000 4,850
Spain Cable N/A N/A 2,150 3,470
Satellite 3,150 4,950
Sweden Cable N/A N/A 2,150 3,470
Switzerland Cable N/A N/A 2,150 3,470
Satellite 3,150 4,950
Taiwan TPC‑4‑>APC N/A N/A 3,000 4,850
Satellite 3,150 4,950
Thailand Satellite 3,150 4,950
U.K. Cable 1,350 2,150 3,470
Satellite 1,350 1,100 1,900 2,150 3,470
WorldClass* 3,100 2,600 3,500 4,800 8,500
Uzbekistan Satellite* 10,660 15,175
Venezuela Satellite N/A N/A N/A 2,800 5,030
4.1.2. U.S. 1/2 Channel 1 Year Rates - 192Kb through 1.544Mb
Country Facility 192Kb 256Kb 384Kb 512Kb 768Kb 1.024Mb 1.544Mb
Argentina Satellite 5,850 7,240 9,790 12,450 14,370
Australia HAW‑5‑>
PACRIM
‑>TAS‑2 8,190 10,130 13,700 17,430 20,110 23,490 29,980
Satellite 5,030 6,220 8,420 10,710 12,350 18,600
Austria Cable 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Satellite 7,250 8,100 9,600 11,700 15,500 19,800
Azerbaijan Satellite* N/A 27,450 34,300 41,200 51,450 N/A
Bahamas Satellite
Belgium Cable 5,030 6,220 8,420 10,710 12,350 14,430 18,600 Satellite 7,250 8,100 9,600 11,700 15,500 19,800
Bermuda PTAT 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Bolivia Satellite 5,850 7,240 9,790 12,450 14,370 21,550
Brazil Satellite 5,850 7,240 9,790 12,450 14,370 21,550
Bulgaria Satellite* 24,330 34,120
Cayman
Islands Satellite
Chile Satellite 5,030 6,220 8,420 10,710 12,350 18,600
China Satellite 9,360 11,580 15,660 19,920
Colombia Satellite 5,850 7,240 9,790 12,450 14,370 21,550
Costa Rica Satellite 6,300 7,580 N/A N/A
Czechoslov. Satellite
Denmark Cable 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Satellite 7,250 8,100 9,600 11,700 15,500 19,800
Ecuador Not Avail at this time
Finland Cable 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Satellite 7,250 8,100 9,600 11,700 15,500 19,800
France Cable (NY) 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Cable (CH)
Satellite 7,250 8,100 9,600 11,700 15,500 19,800
Germany Cable 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Satellite 5,030 6,220 8,420 11,700 12,350 18,600
WorldClass* N/A N/A N/A N/A N/A N/A N/A
Guatemala Satellite
Hawaii HAW‑5 5,380 6,660 9,000 11,450 13,220 15,430 19,870
Honduras Satellite
Hong Kong H4‑T3‑HJK/
NPC‑HJK/
T5‑APC 7,020 8,690 11,750 14,940 17,240 20,130 25,770
Satellite 5,030 6,220 8,420 10,710 12,350 18,600
India SATCOM
(Only to Satellite
Bombay,
Madras,
Delhi)
India STP
(Only to Satellite
Bangalore,
Hyderabad,
Trivandrum)
Indonesia Satellite 7,250 8,100 9,600 11,700 15,500 19,800
Ireland Cable 5,030 6,220 8,420 10,710 12,350 18,600
Satellite 7,250 8,100 9,600 11,700 15,500 19,800
Israel Satellite 5,380 6,660 9,000 11,450 13,220 19,870
Cable 6,080 7,530 10,180 12,950 14,940
DARCOM Sat.* N/A 19,000
Italy Cable 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Satellite 7,250 8,100 9,600 11,700 15,500 19,800
Jamaica TCS-1 (MI)
TCS-1 (PR)
Japan Cable 5,380 6,660 9,000 11,450 13,220 15,430 19,870
Satellite 5,030 6,220 8,420 10,710 12,350 18,600
Kazakhstan Satellite* N/A 22,970 27,425 32,140 49,495 N/A
Korea NPC‑HJK 8,190 10,130 13,700 17,430 20,110 23,490 29,980
Satellite 5,030 6,220 8,420 10,710 12,350 18,600
Malaysia Satellite 5,850 7,240 9,790 11,700 14,370
TPC‑4/APC 8,780 10,860 14,680 18,680 21,550 31,590
Mexico City Satellite 6,460
Netherlands Cable 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Satellite 7,250 8,100 9,600 11,700 15,500 19,800
New Zealand Satellite 5,500 6,800
Nicaragua Not Avail at this time
Norway Cable 5,030 6,220 8,420 10,710 12,350 14,430 18,600
Satellite 7,250 8,100 9,600 11,700 15,500 19,800
Panama Satellite 6,300 7,700
Paraguay Not Avail at this time
Peru Not Avail at this time
Philippines Cable 8,190 10,130 13,700 17,430 20,110 23,490 29,980
Satellite 5,030 6,220 8,420 10,710 12,350 18,600