Prior to August 1, 2001, service was furnished under WIDSI 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.
· WIDSI Tariff FCC No. 2 was amended on June 23, 2001 to incorporate new or revised General Definitions and new or revised General Terms and Conditions of Service contained in WorldCom Tariff FCC No. 1. Like the service in former WIDSI Tariff FCC No. 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 WIDSI 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 WIDSI 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 WIDSI 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.
OVERSEAS PRESS BULLETIN SERVICE
1. APPLICATION OF TARIFF
1.01 This tariff applies to Overseas Press Bulletin Service furnished on a contract basis, entirely over the facilities of the Company, or any successor entity, or in conjunction with the facilities of an overseas correspondent, for the transmission or reception of continuous Press Bulletins to authorized subscriber stations of a Press Entity: (1) from New York, NY, San Francisco, Calif. or Washington, D.C. to Overseas Points listed herein (including Honolulu, Hawaii and San Juan, P.R.). (2) from Overseas Points listed herein (including Honolulu, Hawaii and San Juan, P.R.) to New York, NY, San Francisco, Calif., or Washington, D.C.
2. AVAILABILITY AND DESCRIPTION OF SERVICE
2.01 Overseas Press Bulletin Service as covered by this tariff contemplates the direct transmission of press bulletins by a Press Entity, as defined herein, for distribution to its subscribers over the facilities of the Company. The charges to Press Entities for the use of the Company's facilities are indicated in the RATES section. Extensions from the premises of the subscribers to the appropriate terminals are in addition to the regular charges shown in the RATES section.
2.02 Overseas Press Bulletin Service is furnished subject to the availability of requisite facilities and the requirements of the Company's international message service. In case a shortage of facilities exists at any time, either for temporary or protracted periods, the furnishing of international message service shall take precedence.
3. DEFINITIONS OF TERMS USED IN THIS TARIFF
3.01 The term "Press Entity" is any regularly established newspaper or any periodical publication, news agency or bureau, authorized radio sound or television broadcasting company, organization or station, engaged in the collection and dissemination of "Press Bulletin" matter as defined in this section.
3.02 The term "Press Bulletin", as used herein, shall mean matter consisting of general, political, commodity, market, financial and world news, or other material related to or intended for publication by newspapers and periodicals or for other forms of public dissemination including radio sound or television broadcasting.
3.03
4. REGULATIONS
4.01 General
4.011 The Press Entity whose Press Bulletins are furnished under this tariff owns the news thereof. The subscribers to Overseas Press Bulletin Service may be subject to compliance with certain conditions imposed by the owners of the news.
4.012 The names of all subscribers whose premises are to be connected for Overseas Press Bulletin Service must be stipulated in the application for such service and, if required by the Press Entity, said application for service must also be approved by the Press Entity.
4.013
4.02 Contract
4.021 Overseas Press Bulletin Service is furnished for a minimum period of one month and may thereafter be cancelled upon a minimum period of 15 days notice by the subscribers to the Company.
4.03 Conditions of Operation
4.031 The Company reserves the right to discontinue the Overseas Press Bulletin Service to any subscriber in the event the Company receives a written notice from a Press Entity indicating that a subscriber has failed to comply with certain conditions imposed by a Press Entity.
4.032 Additional stations on other than the same premises of the subscriber are considered as separate applications for service and the applicable monthly charge set forth in the RATES section of this tariff will apply.
4.04 Payment Arrangements
4.041 The customer is responsible for payment of all charges for services furnished to the customer or its joint or authorized users. This responsibility is not changed, by virtue of any use, misuse, or abuse of the customer's service or customer-provided systems, equipment, facilities, or services interconnected to the customer's service, which use, misuse, or abuse may be occasioned by third parties, including, without limitation, the customer's employees or other members of the public. Non‑recurring charges are payable when the service for which they are specified have been performed. If an entity other than the Company (e.g., another carrier or a supplier) imposes charges on the Company, in addition to its own internal costs, in connection with a service for which a Company non‑recurring charge is specified, those charges will be passed on to the customer. Recurring charges which are fixed in amount and not dependent on usage are billed in advance. Usage charges are billed after each usage cycle.
4.042 The Company's bills are payable within 30 days of the invoice date, unless the Company indicates on the invoice or a billing insert that the sum shown as due need not be paid, because of the smallness of the amount, until the balance reaches some specified amount; or the Company may deal with customers whose accounts show very small balances by withholding the issuance of an invoice until the amount due from the customer reaches a level which, in the Company's sole discretion, is deemed large enough to justify initiating the billing and collection process; or the Company may invoice low usage customers every other month unless a customer invoiced in such a manner requests monthly billing. When a bill is issued, amounts not paid within 30 days after the date of invoice will be considered past due. If the Company becomes concerned at any time about the ability of a customer to pay its bills, the 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.
4.043 Applicants for service or existing customers whose financial condition is not acceptable to the Company, or is not a matter of general knowledge, may be required at any time to provide the Company a security deposit. For residential customers the deposit will be 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' estimated charges based upon the Company's experience with residential customers whose service has been discontinued for non-payment of their first three Company invoices. The Company may refuse to furnish service(s) under this tariff if the customer owes any Company affiliate for tariffed service(s) provided to the customer by an affiliate. For other customers, the deposit requested will be in cash or the equivalent of cash, up to an amount equal to the applicable installation charges, if any, and/or up to three month's actual or estimated usage charges for service to be provided.
Any applicant or customer may also be required, at any time, whether before or after the commencement of service, to provide such other assurances of, or security for, the payment of the Company's charges for its services as the Company may deem necessary, including, without limitation, advance payments for service, third party guarantees of payment, pledges or other grants of security interests in the customers' assets, and similar arrangements. The Company may also establish usage limits for applicants for service or existing customers whose financial condition cannot be verified or is otherwise unacceptable to the Company. Any required deposit or toll usage limits may be increased or decreased by the Company as it deems appropriate in the light of changing conditions. In addition, the Company shall be entitled to require such an applicant or customer to pay all its bills within a specified period of time, and to make such payments in cash or the equivalent of cash. In case of a cash deposit, simple interest at the rate of six percent (6%) annually will be paid for the period during which the deposit is held by the Company, unless a different rate has been established by the appropriate legal authority in the jurisdiction in which the Company service in question is provided. At the Company's option, such deposit may be refunded to the customer's account at any time. In lieu of cash or cash-equivalent security deposits and/or toll usage limits, the Company may, at its sole discretion, require from the customer a commercial credit card account number to which future usage can be charged. Also, the Company reserves the right to cease accepting and processing service orders after it has requested a security deposit or commercial credit card account number and prior to the customer's compliance with this request.
4.044
4.045
4.046
4.047 Promotional and other credits offered by the Company in marketing of its services cannot be assigned, but must be used by the person to whom they were offered and who earned them in strict accordance with the terms of the offer.
4.048
4.049 If the domestic customer's correspondent in the foreign country placed the single-end order with the concurrence of the domestic customer, the domestic customer is liable for all the charges applicable to the domestic portion of the circuit if the overseas customer fails to pay by the due date. Bills rendered for these charges are due and payable under the terms of this tariff.
4.0410 In the event that a customer has been awarded a promotional credit for
subscribing to Company service and does not use the service within 12 months following the date of the customer's service order, the Company will cancel the credit from the customer's account and collect the sum involved from the customer.
4.0411
4.0412 No provision for payment of a sum upon termination of a service arrangement prior to the end of a committed term (whether the sum is called a termination charge, termination liability, or is otherwise designated), where termination is (1) by the customer in the absence of a material breach by the Company of its obligations under this tariff, or (2) by the Company where permitted by this tariff, shall be construed as an alternative performance or in any other manner a grant to the customer, of permission or of a right to terminate prior to the end of the committed term. Any such early termination shall be deemed to be a material breach by the customer of its contractual obligations to the Company.
4.0413 In the event payment is made by check and the customer's check is not honored by the institution on which it was drawn, the Company will impose, and the customer will be required to pay, a $10 fee, in addition to other remedies available to the Company under the Tariff.
4.0414
.
4.0415
4.0416
4.05 Extensions
4.051 The subscriber must provide at his expense, the requisite channel facilities connecting his premises with the overseas terminal.
4.06 Liability
4.061 The Company shall not be responsible for the sequence, accuracy or completeness of any of the Press Bulletins as received from a Press Entity. With respect to errors, delays, inaccuracies or omissions in the transmission or delivery of Press Bulletins, or non-delivery thereof, whether caused by its servants or otherwise, the Company shall not be liable beyond the actual loss, not exceeding in any event the sum of $5000.00. For non-performance of service arising from unavoidable interruptions to its lines or equipment, the Company shall not be liable beyond the prorata portion of the charge applicable during the period of such interruptions.
5. RATES
5.01 Monthly Charges for Overseas Press Bulletin Service:
5.011 Except as otherwise indicated, monthly charges reflected in this section cover the furnishing of Overseas Press Bulletin Service between the Company's terminals in New York, N.Y., San Francisco, Calif. or Washington, D.C. and the overseas points listed below.
5.012 The service period shall be for 24 hours daily, Monday through Sunday.
Monthly Charge for Each 24-Hour,
Two-Way Press Bulletin Facility
Between New York, NY One Two or More
and: Subscriber Subscribers, Each
Hamilton, Bermuda $3,000.00 $2,000.00
Between Points Shown
Monthly Charge For Each
New York, N.Y. or 24 - Hour, Two - Way
Washington, D.C. and: Press Bulletin Facility
Baghdad, Iraq $1,000.00 #
Bahrain 1,000.00 #
Bogota, Colombia 1,000.00 #
Bonn, Germany 1,000.00 #
Buenos Aires, Argentina 1,000.00 #
Cairo, Egypt 1,000.00 #
Caracas, Venezuela 2,000.00
Dubai 1,000.00 #
Hong Kong 1,000.00 #
Honolulu, Hawaii 2,000.00
La Paz, Bolivia 1,000.00 #
Lima, Peru 1,000.00 #
London, England 1,000.00 #
Madrid, Spain 2,000.00
Manila, Rep. of the Philippines 2,000.00
Panama City, Panama 2,000.00
Paris, France 1,000.00 #
Quito, Ecuador 1,000.00 #
Rabat, Morocco 1,000.00 #
Rio de Janeiro, Brazil 1,000.00 #
Rome, Italy 1,000.00 #
San Juan, P.R. 2,000.00
Santiago, Chile 1,000.00 #
Singapore 1,000.00 #
Sri Lanka 1,000.00 #
Taipei, Taiwan, Rep. of China 1,000.00 #
Tokyo, Japan 1,000.00 #
# This charge is for the U.S. terminal only. Charges for the overseas terminal will be obtained upon request.
San Francisco, Calif. and:
Honolulu, Hawaii 2,000.00
Manila, Rep. of the Philippines 2,000.00
Tokyo, Japan 1,000.00 #
# This charge is for the U.S. terminal only. Charges for the overseas terminal will be obtained upon request.