Prior to August 1, 2001, service was furnished under WorldCom Network Services Tariff FCC No. 5 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. 5 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. 5, 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. 5 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. 5 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. 5 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.
MESSAGE TELECOMMUNICATIONS SERVICES
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 Coordination
Provides for the design, ordering, Installation, coordination, pre‑Service testing, Service turn‑up and maintenance on Company or Customer provided Local Access.
Administrative Change
A change in Customer billing address or contact name.
Alternate Access
A form of Local Access except that the provider of the Service is an entity, other than the Local Exchange Carrier, authorized or permitted to provide such Service.
AMI
Alternate Mark Inversion.
Ancillary Charges
Charges for supplementary Services comprised of Optional Features as set forth in Section IV. which may consist of both nonrecurring and monthly recurring charges.
Annual Commitment
The required level of aggregate charges for each consecutive twelve month period in the Service Commitment Period beginning with the First full bill cycle following the earliest Start of Service Date and each subsequent anniversary.
Application for Service/Service Application/Service Order
Standard Company order form(s) which in total includes all pertinent billing, technical and other descriptive information which will enable Company to provide Service.
ASR
An order placed with a Local Access Provider for Local Access.
Authorization Code
One or more codes, made available to Customers to identify themselves as Customers entitled to access and use of Company Services.
Automatic Number Identification (ANI)
The number associated with the telephone station(s) from which Calls are originated and/or terminated.
B8ZS
Bipolar with eight zero substitution.
Base Rate
The nondiscounted per minute charged for Measured Service.
Bill Date
The date on which billing information is compiled and sent to the Customer.
Business Hours
7:00 a.m. to 7:00 p.m. Central Standard Time
Call
A completed connection between the Calling and Called Stations.
Call Duration
That period of time which commences with Answer Supervision and ends when the Call is terminated.
Cancellation of Order
A Customer initiated request to discontinue processing a Service Order, either in part or in its entirety, prior to its completion. Cancellation charges will be assessed for each Circuit‑end or Dedicated Access line canceled from an order prior to its completion by Company, under the following circumstances: (1) if the Local Access Provider has confirmed in writing to Company that the Circuit‑end or Dedicated Access line will be installed; and/or (2) if Company has already submitted facilities orders to an interconnecting telephone company; and/or in accordance with the applicable provisions of Section II. Cancellation of Orders for Service subject to a Minimum Monthly Charge will result in cancellation charges being assessed as provided for in Section II.
Corporate Bill
An optional billing feature associated with Measured Service which provides additional information on the Customer location or department making Call(s) on the monthly invoice for Measured Service.
Customer Premises/Customer's Premises
Locations designated by a Customer where Service is originated/ terminated whether for its own communications needs or for the use of third parties.
Dedicated Access/Special Access
Channel(s) between: (a) the Customer's Premise(s) and the serving wire center for the designated Company Point(s)-of-Presence; or, (b) when specifically authorized by the Company, the Customer's Premise(s) and the designated Company Point(s)-of-Presence.
DS-0
Digital Signal Level 0 Service, a Voice Grade Channel.
DS-1
Digital Signal Level 1 Service, a 1.544 Mbps signal.
DS-3
Digital Signal Level 3 Service, a 44.736 Mbps signal.
Dial Number Identification Service (DNIS)
An optional feature of Measured Service, available over Dedicated Access facilities only, where Company will deliver identifying digits that distinguish incoming 800 numbers In Band to the Customer's Premises.
Directory Assistance
An information service whereby operators assist Customers in obtaining the telephone number they wish to call. Directory Assistance is provided to Customers pursuant to the rate stated in Section IV. of this Tariff, and contributes toward Minimum Monthly Charges relevant to aggregate volume pricing plans provided herein, but is not eligible for discounts.
Due Date
The Due Date is the date on which payment is due.
800 Referral Service
A recording provided by Company referring Calls to a changed 800 number. This Service is only available when a Customer is changing from a Company provided 800 Service to another Company provided 800 Service using a different 800 number.
800 Service
Inbound Service, whereby the Customers (subscriber) of the Called Station is billed the charges for the Service provided.
Emergency Service
Company provides telephone access to public safety answering points in their localities through Company operators. When Company routes a Call to a public safety answering point or a governmental emergency service provider, this Service shall be known as Emergency Service.
Exemption Certificate
A written Customer designation which certifies that its dedicated facility should be exempted from a monthly Special Access Surcharge because the Service:
(a) terminates on a device incapable of connecting Company's network with the local exchange network; or
(b) is associated with a Switched Access Service that is subject to Carrier Common Line charges; or
(c) is an open‑end termination in a Local Exchange Carrier's switch of an FX line; or
(d) is a termination that could not make use of a Local Exchange Carrier's common lines.
FCC
Federal Communications Commission.
Hierarchical Billing
A billing Feature associated with Measured Service approved by Company for joint use Service in accordance with Section II.6.03.
Individual Case Basis (ICB)
Individual Case Basis (ICB) determinations involve situations where nonstandard arrangements are required to satisfy specialized needs. The nature of such Service requirements makes it difficult or impossible to establish general Tariff provisions for such circumstances. When it becomes possible to determine specific terms and conditions for such offerings, they will be offered pursuant to such terms and conditions when set forth in writing and subscribed to by authorized representatives of Customer and Company.
In Band
A method of signalling where signals are sent over the same Channel as the Service that is being provided to Customer.
Installation
The initiation of Service, the connection of a Circuit, Dedicated Access Channel or port in connection with new, changed or an additional Service.
Interruption
A condition whereby the Service or a portion thereof is inoperative (as defined in Section III., Technical Standards), beginning at the time of notice by the Customer to Company that such Service is inoperative and ending at the time of restoration.
Intrastate
Within a state or originating and terminating within a state. Refers to Service subject to state governmental, rather than FCC jurisdiction.
LEC Card
The billing arrangement which enables the caller to bill Calls to an authorized calling card issued by a Local Exchange Carrier.
Local Access Provider
An entity providing Local Access.
Local Exchange Carrier
The local telephone utility that provides exchange telephone services.
Measured Service
Telecommunications Service furnished to Customer under the terms and conditions of this Tariff based on the within stated and applicable per minute Base Rate charges and/or any other per minute charges or set-up charges for other service set forth in Company tariffs filed at the federal and state levels.
Minimum Monthly Charge
The required level of aggregate charges as of each Bill Date for certain Services provided pursuant to this Tariff. The Minimum Monthly Charge shall be satisfied by the application of the aggregate nondiscounted interstate, intrastate and international Measured Service charges, pursuant to this Tariff and other Company tariffs filed at the federal and state levels. If Customer subscribes to more than one Service requiring a Minimum Monthly Charge, Customer will be required to satisfy the Minimum Monthly Charge for each Service.
NA
Not available
N/C
No charge
Nonrecurring Charges
One‑time charges relevant to Service.
One Plus Service
Outbound Service, whereby Calling Station pays the charges for the Service provided.
Parent Child
A billing feature associated with Measured Service approved by Company for joint use Service in accordance with Section II.6..03.
Payment Method
The manner in which the Customer is authorized by the Company to pay charges for Service.
Physical Change
The modification of an existing Circuit, Dedicated Access Channel or port, at the request of the Customer.
Requested Service Date
The date requested by the Customer for commencement of Service and agreed to by Company.
Service Commitment Period
The period selected by the Customer, agreed to by Company and stated on the relevant Application for Service during which Company will provide and Customer will accept and pay for the Service described therein.
Service Group
A group of essentially like communication lines that go between the same two geographical points.
Start of Service Date
The Requested Service Date or the date Service first is made available by Company, whichever is later.
State
A state or territory or possession of the United States of America or the District of Columbia.
Station-to-Station
A Service arrangement, other than Person‑to‑Person, which requires the assistance of a Company operator to complete the Call to the designated telephone number.
Switched Access
Nondedicated Local Access between the Customer's Premise and the serving wire center which is interconnected to the Company's Point-of-Presence for origination or termination of Service.
Technical Standards - Message Telecommunications Services
Technical Standards for Message Telecommunications Services are governed by the specifications described in Section III., Technical Standards, of this Tariff.
Travel Service
Allows Customers to use an Authorization Code to obtain certain Services hereunder. Travel Service Calls will be charged to the Customer to whom the Authorization Code is issued by Company.
Twelve O'Clock
In designating time, 12:00 a.m. refers to 12:00 Midnight and 12:00 p.m. refers to 12:00 Noon.
Two‑Way Conversation
A Two‑Way Conversation is a telephone conversation between or among two or more parties.
Voice Card
The Service Mark associated with Travel Service.
Company Recognized National Holidays
The following are Company Recognized National Holidays determined at the location of the originating ANI.
Holidays: In addition to Valentine's Day, the Company observes the following federally recognized holidays:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
July 4th, Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
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 Service described in this Tariff is offered in equal access exchanges 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.
.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 and refuses to comply with the deposit requirements set forth in the applicable provisions of Section II; (B) in circumstances in which Company has reason to believe that the use of the Service would violate the provisions of this Tariff or any applicable law or if any applicable law restricts or prohibits provision of the Service; or (C) if, in Company's sole opinion, insufficient facilities are available to provide the Service (in such cases Company shall take reasonable efforts to accommodate the needs of all potential Customers by means of facility improvements or purchases of capacity, if such efforts will, in Company's opinion, provide Company with a reasonable return on its expenditures).
.03 Company, when acting at the Customer's request and/or as Customer's authorized agent, will make reasonable efforts to arrange for Service requirements, such as, Alternate Access. Due to the specialized nature of such arrangements, however, such Services will be provided, if at all, on an ICB basis.
.04 Service may be discontinued upon reasonable notice under the circumstances to the Customer if:
a. the Customer is using the Service in violation of this Tariff; or
b. the Customer is using the Service in violation of any applicable law or regulation.
.05 Service begins on the Start of Service Date and is provided over the Service Commitment Period relevant to the Service in question (in no event less than one month) on a 24 hours per day basis. For the purposes of computing charges and/or credits in this Tariff for periods of less than a calendar month, a month is considered to have 30 days.
.06 Following the expiration of the Service Commitment Period relevant to a Service, Service will continue to be provided in accordance with this Tariff and the month-to-month rates relevant to the Service in question. In the event the Service to which the Customer originally subscribed is grandfathered by the Company (ie., no longer made available to new subscribers) during the Customer's applicable Service Commitment Period, upon expiration of the Service Commitment Period the Customer will be provided Service at the monthly rates for similar, current, non-grandfathered Service as contained in this Tariff FCC No. 5.
.07 Except as otherwise provided in this Tariff or as specified in writing by the party entitled to receive notice, notices between Customer and Company shall be given in writing to the persons whose names and business addresses appear on the relevant Application for Service and the effective date of any notice shall be the date of delivery of such notice, not the date of mailing. By written notice, Company or Customer may change the party to receive notice and/or the address to which such notice is to be delivered. In the event no Customer or Company address is provided in the relevant Application for Service, notice shall be given to the last known business address of Customer or Company, as the case may be.
.08
.09 The Company reserves the right to discontinue furnishing Services or billing options, upon written notice, when necessitated by conditions beyond its control. Conditions beyond the Company's control include, but are not limited to, a Customer's having Call volume or a calling pattern that results, or may result, in network blockage or other Service degradation which adversely affects Service to the calling party, the Customer, or other Customers of the Company.
.10 Service may be discontinued by the Company, without notice to the Customer, by blocking traffic to or from certain cities, or NXX exchanges, by blocking Calls originating from certain ANI's or by blocking Calls using certain Customer authorization codes, such as, Calling Card codes, when the Company deems it necessary to take such action to prevent unlawful use of its Service. The Company will restore Service as soon as it can be provided without undue risk. Customers of the Company's Voice Card Service will be provided a replacement code in the event their initial code is canceled. A maximum of 1 replacement code will be issued. At the request of private payphone owners, Company will arrange to have direct dial Calls blocked from the payphone to all domestic locations. Company may refuse to accept Travel Service, LEC Card, Collect Calling, or Third Number Calls which it determines to be invalid and/or may limit the use of these billing options to or from certain areas, cities or NXX exchanges in order to control fraud.
.11 Toll access will not be provided to local 976 numbers.
2. Other Terms and Conditions
.01 The name(s) of the Customer(s) desiring to obtain the Service must be stipulated in the Application for Service.
.02 The Customer agrees to operate any Company provided equipment in accordance with instructions of the Company or the Company's agent or designee. Failure to do so will void any Company liability for Interruption of Service and may make Customer responsible for damage to equipment pursuant to Section II.2..03 below.
.03 Customer agrees to return to the Company all Company-provided equipment within five (5) days of termination of the Service in connection with which the equipment was used. Said equipment shall be in the same condition as when delivered to Customer, normal wear and tear excepted. Customer shall reimburse the Company, upon demand, for any costs incurred by the Company due to Customer's failure to comply with this provision.
.04
.05 In the event suit is brought or an attorney is retained by the Company to enforce the terms of this Tariff, the Company shall be entitled to recover, in addition to any other remedy, reimbursement for reasonable attorneys' fees, court costs, costs of investigation and other related expenses incurred in connection therewith.
.06
.07 The provision of Service will not create a partnership or joint venture between the Company and the Customer nor result in joint Service offerings to their respective Customers.
.08 The discount level, if any, applicable to a Service shall be discount level in effect at the beginning of the monthly billing period applicable to the Service. Discounts hereunder only apply for purposes of reducing the interstate Measured Service charge to Customer. Such discounts will only be applied to the interstate Measured Service charges for the month in which the discount is determined. The reduction to interstate Measured Service charges will not exceed such charges for the month in question, and without carry-forward of any unused portion of the credit to the Customer's account. Unless otherwise specifically provided for in Section IV., Non-Measured Service charges, including without limitation charges for Operator Services, Directory Assistance, Optional Features, Ancillary Services and Taxes, do not contribute, nor are they eligible for, volume and/or term discounts.
.09 When a Service is subject to a Minimum Monthly Charge, account charge, port charge or other recurring charge or Nonrecurring Charge for both intrastate and interstate Service, only one such charge shall apply per account and that charge shall be the interstate charge.
.10 Service requested by Customer and to be provided pursuant to this Tariff shall be requested on Company Service Order forms in effect from time to time or Customer's forms accepted in writing by an authorized representative of Company or through the Company Electronic Order Processing System whereby Customer receives written confirmation from Company of the Service it has requested and the business records of Company shall be deemed determinative as to the contents of the Service Order. When the Customer places a Service Order for any of the Services contained herein, the Customer must provide the Company with the Customer's name and address for billing purposes and a contact name if different from that of the Customer. If a Customer places Service Orders for multiple Customer Premises, the Customer must also provide the Company with the contact name, telephone number, and address at each premises where Service will be installed. Each Service Order shall reference this Tariff and, when accepted in writing by Company, the Service Order will be deemed to set forth the final operative obligations between Company and the Customer regarding the Services described therein to the extent that it specifies the type of Service, Requested Service Date, Service Commitment Period and other information necessary for Company to provide the Service to Customer. Any other items and conditions that are typed, printed or otherwise included in any Service Order shall be deemed to be solely for the convenience of the parties unless noted as an Individual Case Basis (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. Company shall have no obligation except those as set forth in this Tariff or contained in Service Orders and all other representations or agreements, oral or written, shall be of no effect. In the event any provisions set forth in Service Orders conflict with the provisions set forth in this Tariff, the provisions set forth in this Tariff shall prevail.
.11 Unless subject to an ICB arrangement, charges for Dedicated Local Access billing administered by Company and charged to Customer shall be established and fixed as of the date of the relevant Service Order and thereafter subject to adjustment solely at the discretion of Company, provided, that no such adjustment shall exceed the then prevailing interstate charges of the relevant Local Exchange Carrier as would otherwise be paid directly by Customer for the relevant Local Access Channel or service. In the event that Dedicated Access Service is provided for less than a month, monthly recurring charges relevant thereto will be pro‑rated based upon a thirty (30) day month. In the event that Dedicated Access Service is Provided to a Tier C city as described in Section IV.16.3. of Tariff FCC No. 4, additional charges may apply.
.12 Unless subject to an ICB arrangement, Base Rate charges for any Service utilizing any Switched Access facilities (whether on the originating or terminating end of a Call) shall be subject to adjustment at such times as Company shall determine. In the event such adjustment occurs within a Service Commitment Period of one year or more, Customer shall have the option of canceling the Service directly affected by an upward adjustment to Base Rates relevant to the Service in question. Customer may only exercise such option without cancellation liability if Customer notifies Company of such cancellation within ninety (90) days of the effect date of the amendment to this Tariff reflecting such upward adjustment.
.13 Upon the scheduled expiration of a Service Commitment Period for a Service, Service shall automatically be extended subject to written notice of termination by either Company or Customer; such termination shall be effective as of a date not less than thirty (30) days after delivery of said notice to the other party. The charges for Service during any such extension shall not exceed the then current month-to-month charges set forth in this Tariff and applicable to Service.
3. Liability
.01 Except as otherwise specifically provided for in this Tariff, the Company shall not be liable to Customer or any other person, firm or entity for any failure of performance hereunder if such failure is due to any cause or causes beyond the reasonable control of the Company. Such causes shall include, without limitation, acts of God, fire, explosion, vandalism, cable cut, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States government or of any other government or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lockouts or work stoppages or other labor difficulties, supplier failures, shortages, breaches or delays, or preemption of existing Services to restore Service in compliance with Part 64, Subpart D, Appendix A, of the FCC's Rules and Regulations or other applicable laws, regulations, or orders.
.02 With respect to the Services contained herein and except as otherwise provided herein, the Company's liability shall not exceed an amount equal to the charge applicable to a one minute Call to the Called Station at the time the affected Call was made. If the initial minute rate is higher than the additional minute rate, the higher rate shall apply. For those Services with monthly recurring charges, the Company's liability is limited to an amount equal to the proportionate monthly recurring charges for the period during which Service was affected.
.03 Where the Service is not made available (i.e., Start of Service has not occurred) on the Requested Service Date, or cannot otherwise be made available after the Company's acceptance of the Service Order, or is provided with a number or numbers other than the one(s) committed by the Company to the Customer, and any such failure or failures is due solely to the negligence of the Company, in such case the Company's liability, if any, will be limited to the lesser of (a) the actual monetary damages incurred and proved by the Customer as the direct result of such failure or failures, or (b) the sum of $1,000.
.04 The Company shall not be liable for the use or abuse of a Customer's Service by any party including, but not limited to, the Customer's employees or members of the public. "Use or abuse" includes, but is not limited to, any Calls placed by means of PBX-reorigination or any other legal or illegal equipment, service or device. In the case of 800 Services, this also applies to third parties who dial the Customer's 800 number by mistake. The Company shall not be liable for any action, such as blocking or refusal to accept certain Calls, that it deems necessary to take in order to prevent unlawful or fraudulent use of its Services. Compensation for any injury the Customer may suffer due to the fault of parties other than the Company must be sought from such other parties. The liability provided for above, shall, in each case, be in addition to any amounts that may otherwise be due the Customer under this Tariff as a credit allowance for the interruption of Service.
.05 The Company is not liable for any act or omission of any other company or companies (including any Company affiliate that is a participating or concurring carrier) furnishing a portion of the Service or facilities, equipment, or Services associated with such Service.
.06 The Company shall be indemnified and held harmless by the Customer from:
a. claims for libel, slander, or infringement of copyright arising out of the material, data, information, or otherwise arising out of the content transmitted via the Service(s);
b. patent infringement claims arising from combining or connecting the Service with equipment and systems of the Customer or Authorized Users;
c. all other claims arising out of any act or omission of the Customer or Authorized Users in connection with any Service provided by the Company;
d. defacement of, or damage to, the premises of Customer and Authorized Users resulting from the Installation, and/or removal of facilities or the attachment of instruments, equipment and associated wiring on or from the Customer's Premises. No agents or employees of other participating carriers shall be deemed to be agents or employees of the Company; and
e. claims arising out of the use of Services or associated equipment in an unsafe manner (such as use in an explosive atmosphere) or the negligent or willful act of any person other than the Company, its agents, or employees.
.07 The Customer is responsible for taking all necessary steps for interconnecting the Customer provided terminal equipment with Company facilities, including, but not limited to, Dedicated Access. The Customer shall ensure that the signals emitted into the Company's network do not damage Company equipment, injure personnel or degrade Service to other Customers. The Customer is responsible for securing all licenses, permits, rights‑of‑way, and other arrangements necessary for such interconnection. In addition, the Customer shall comply with applicable Local Access Provider signal power limitations.
.08 The Company may rely on Local Access Providers for the performance of other Services such as Local Access. Upon Customer request and execution and delivery of appropriate authorizing documents, the Company may act as agent for Customer in obtaining such other Services. Customer's liability for charges hereunder shall not be reduced by untimely installation or non‑operation of Customer provided facilities and equipment.
.09 The Customer indemnifies and holds the Company harmless from any and all loss, claims, demands, suits, or other action, or any liability whatsoever, whether suffered, made, instituted or asserted by the Customer or by any other party or persons, for any personal injury to, or death of, any person or persons, and for any loss, damage or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the Installation, operation, failure to operate, maintenance, removal, presence, condition, location or use of Service or equipment and facilities of Company associated with the Service, unless such Installation, operation, failure to operate, maintenance, condition, location or use is the direct result of the Company's knowing and willful misconduct.
.10 The failure to give notice of default, to enforce or insist upon compliance with any of the terms or conditions herein, the waiver of any term or conditions herein, or the granting of an extension of time for performance by the Company or the Customer shall not constitute the permanent waiver of any term or condition herein. Each of the provisions shall remain at all time in full force and effect until modified in writing.
.11 The Company shall not be liable to the Customer or any other person, firm or entity in any respect whatsoever as a result of mistakes, accidents, errors, omissions, interruptions, delays, or defects in Service (collectively "Defects" or "Defective Service"). Defects caused by or contributed to, directly or indirectly, by act or omission of Customer (including Authorized Users) or Customer's customers, affiliates, agents, representatives, invitees, licensees, successors or assigns or which arise from or are caused by the use of facilities or equipment of Customer or related parties shall not result in the imposition of any liability whatsoever upon the Company, and Customer shall pay to the Company any reasonable costs, expenses, damages, fees or penalties incurred by the Company as a result thereof, including costs of Local Access Providers' labor and materials. In addition, all or a portion of the Service may be provided over facilities of third parties, and the Company shall not be liable to Customer or any other person, firm or entity in any respect whatsoever arising out of Defects caused by such third parties. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, PUNITIVE OR ANY OTHER DAMAGES, OR BUSINESS INTERRUPTION, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF ANY DEFECTIVE SERVICE OR ANY OTHER CAUSE. THE COMPANY'S LIABILITY, IF ANY, WITH REGARD TO DEFECTIVE SERVICE (INCLUDING ANY DELAYED INSTALLATION OF THE COMPANY'S FACILITIES OR COMMENCEMENT OF SERVICE) SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1000.00). THE WARRANTY SET FORTH IN SECTION III. AND ANY ALLOWANCE FOR INTERRUPTION PROVIDED FOR HEREIN 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 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.
.12 If at any time Service is subject to a Defect as specified in Section II.3..11 above for thirty (30) days or less, Service shall not be subject to cancellation, but an appropriate percentage of monthly recurring charges for the directly affected non-usage sensitive Service, if any, shall be abated for the period of Interruption in accordance with Section II.10..04 and subject to provisions of Section II.3..11. If Defective Service continues for more than thirty (30) days, then the directly affected Service may be canceled by either Company or Customer without liability other than Customer's liability for payment for the Service in question provided in accordance with the Technical Standards prior to cancellation.
.13 With respect to the routing of Calls by Company to public safety answering points or municipal Emergency Service providers, Company's liability, if any, will be limited to the lesser of: (a) the actual monetary damages incurred and proved by the Customer as the direct result of Company's action, or failure to act, in routing the Call, or (b) the sum of one thousand dollars ($1,000.00).
.14 In the event parties other than Customer (e.g., Customer's customers or Authorized Users) shall have use of the Service directly or indirectly through Customer, Customer will forever indemnify and hold Company and any affiliated or unaffiliated third‑party provider or operator of facilities employed in provision of the Service harmless from and against any and all claims, demands, suits, actions, losses, damages, assessments or payments which may be asserted by said parties arising out of or relating to ny Defects or any claims described in Section II.3..03.
.15 In the event that Company is required to perform Service redesign due to inaccurate information provided by the Customer or Company incurs costs and expenses under circumstances in which such costs and expenses are caused to be incurred by the Customer or reasonably incurred by Company for the benefit of the Customer, the Customer is responsible for the payment of any resulting costs incurred by Company.
4. Cancellation of Service by a Customer
.01 If a Customer cancels Service before the Start of Service, before completion of the Service Commitment Period, or before completion of some other period mutually agreed upon by the Customer and the Company, a charge will be levied upon the Customer for the nonrecoverable portions of expenditures or liabilities incurred on behalf of the Customer (e.g. Local Access) by the Company and not fully reimbursed by Installation and other non-recurring and recurring charges. In addition, if a Customer cancels Service before the Start of Service Date, a charge will be levied upon the Customer as appropriate for any Ancillary Charges incurred as defined in Section IV.6. If, under a promotional offering, the Company agreed to waive any Ancillary Charges, and the Customer subsequently cancelled Service before the Start of Service Date, the Customer is liable for any Ancillary Charges incurred prior to the Start of Service Date, the agreement to waive charges notwithstanding.
.02 Except as otherwise provided under Section II.3. of this Tariff, if a Service Order for Installation is delayed for more than thirty (30) days beyond the Requested Service Date, and such delay is not requested or caused by the Customer, the Customer may cancel the Service affected thereby without incurring cancellation charges.
.03 Unless otherwise specifically provided for in Section IV. with respect to a particular Service, Customers who subscribe to Service subject to a Minimum Monthly Charge are subject to the following cancellation charges upon cancellation of Service for the convenience of Customer, i.e., without cause, such as, would be the case for Defective Service. In either case, the Customer is also liable for any charges, expenses, fees, or penalties incurred by Company or its affiliated companies due to cancellation of Local Access plus any costs, expenses, or additional charges reasonably incurred by Company on behalf of Customer as Customer's agent.
a. If the Service Commitment Period for the canceled Service is one (1) year or less, then the cancellation charge shall be an amount equal to the balance of the Minimum Monthly Charge (then in effect at the time of cancellation) for such canceled Service that otherwise would have become due for the unexpired balance of the Service Commitment Period (but in no event less than zero);
b. If the Service Commitment Period for the canceled Service is longer than one (1) year and such cancellation becomes effective prior to completion of the first year of the Service Commitment Period, then the cancellation charge shall be an amount equal to the balance of the Minimum Monthly Charge (then in effect at the time of cancellation) for such canceled Service that otherwise would have become due for the unexpired portion of first year of the Service Commitment Period plus fifty percent (50%) of the balance of such Minimum Monthly Charge for the remainder of the Service Commitment Period beyond the first year; and
c. If the Service Commitment Period for the canceled Service is longer than one (1) year and such cancellation becomes effective after completion of the first year of the Service Commitment Period, then the cancellation charge shall be an amount equal to fifty percent (50%) of the balance of the Minimum Monthly Charge (then in effect at the time of cancellation) for such canceled Service that otherwise would have become due for the unexpired portion of the Service Commitment Period.
d. As Company's damages in the event of a cancellation are difficult or impossible to ascertain, the foregoing provisions or any provisions set forth in Section IV. providing for a cancellation charge are intended to establish liquidated damages in the event of a cancellation of a Service and do not represent a penalty of any kind.
.04 The foregoing to the contrary notwithstanding, and upon thirty (30) days' prior written notice, either Customer or Company shall have the right, without cancellation charge or other liability to the other, to cancel the affected portion of the Service, if Company is prohibited by governmental authority from furnishing said portion, or if any material rate or term contained herein and relevant to the affected Service is substantially changed by order of the highest court of competent jurisdiction to which the matter is appealed, the FCC, or other local, state or federal government authority.
5. Cancellation for Cause by the Company
.01 Upon nonpayment of any sum owing to the Company, or upon a violation of any of the provisions governing the furnishing of Service under this Tariff, the Company may, upon written notification to the Customer, without incurring any liability, immediately discontinue the furnishing of such Service. Customer shall be deemed to have canceled Service as of the date of such disconnection and shall be liable for any cancellation charges set forth in this Tariff.
.02 Without incurring any liability, the Company may discontinue the furnishing of Service(s) to a Customer immediately and without notice if the Company deems that such action is necessary to prevent or to protect against fraud or to otherwise protect its personnel, agents, facilities or Services and under any of the following circumstances:
a. if the Customer refuses to furnish information to the Company regarding the Customer's credit‑worthiness, its past or current use of common carrier communications Services or its planned use of Service(s);
b. if the Customer provides false information to the Company regarding the Customer's identity, address, credit‑worthiness, past or current use of Customer communications Services, or its planned use of the Company Service(s);
c. if the Customer gives Company reasonable cause to believe that Customer will not comply with a request of the Company for reasonable security for the payment for Service(s);
d. if the Customer has been given notice by the Company of any past due amount (which remains unpaid in whole or in part) for any of the Service to which the Customer either subscribes or had subscribed or used;
e. if Customer fails to pay Company any sum due to Company within thirty (30) days of its Due Date.
f. if Customer fails to comply with a request by the Company for reasonable security for the payment of Service;
g. if following seven (7) days after sending Customer written notice of any noncompliance by Customer with any nonpayment terms (other than an unlawful use of the Service) and if such noncompliance with the terms and conditions of this Tariff is not corrected within the seven (7) day period (Service may, however, be discontinued earlier pursuant to this Tariff).
.03 If at anytime there is a material change in Customer's creditworthiness, then in addition to any other remedies available to Company pursuant to this Tariff, Company may exercise one or more of the following remedies without incurring any liability: (A) cause Start of Service for Service described in a previously executed Service Order to be withheld; (B) cease providing Service; (C) decline to accept a Service Order from Customer to provide Service which Company may otherwise be obligated to accept and/or (D) Company may condition its provision of Service on assurance of payment by Customer which shall take the form of a deposit or means to establish reasonable assurance of payment as specified by Company. A material change in Customer's creditworthiness shall include, but not be limited to: (i) Customer's default of its obligations to Company under this Tariff or any other agreement with Company; (ii) failure of Customer to make full payment of charges due hereunder on or before the Due Date on three or more occasions during any period of twelve or fewer months or Customer's failure to make such payment on or before the Due Date in any two consecutive months; (iii) acquisition of Customer (whether in whole or by majority or controlling interest) by an entity which is insolvent, which is subject to bankruptcy or insolvency proceedings, which owes past due amounts to Company or any entity affiliated with Company or which is a materially greater credit risk than Customer; or, (iv) Customer's being subject to or having filed for bankruptcy or insolvency proceedings or the legal insolvency of Customer.
.04 The discontinuance of Service(s) by the Company pursuant to this Section II.5. does not relieve the Customer of any obligations to pay the Company for charges accrued for Service(s) which is/are furnished up to the time of discontinuance nor does it relieve the Customer of applicable cancellation charges. The remedies set forth herein shall not be exclusive and the Company shall at all times be entitled to all rights available to it under either law or equity.
6. Use of Service
.01 The Services offered herein may be used for any lawful purpose, including residential, business, governmental, or other use, including joint use or resale by Customer. Notwithstanding the joint use, sharing or resale of Service by Customer and regardless of the Company's knowledge of same, the Customer remains liable for all obligations under this Tariff. The Company shall have no liability to any person or entity other than the Customer and only as set forth in Section II.3. The Customer shall not use nor permit others to use the Service in a manner that could interfere with Services provided to others or that could harm the facilities of the Company or others.
.02 The Customer is responsible for the placement of Service Orders for the Service described herein as well as complying with the provisions of this Tariff. When the Customer places a Service Order for any of the Service contained herein, the Customer must provide the Company with the Customer's name and address for billing purpose and a contact name if different from that of the Customer. If a Customer places Service Orders for multiple premises, the Customer must also provide the Company with the contact name, telephone number, and address at each premises where Service will be installed. Customers may be required to execute written Service Orders as described in Section II.2..10, but shall be obligated under the terms of this Tariff even if such Service Orders have not been executed.
.03 Service furnished by the Company, excluding LEC Billed Measured Service
and WilPlusIV, may upon authorization by the Company be arranged for joint use by Authorized Users. Each Authorized User shall be permitted to use such Service in the same manner as the Customer, but subject to the following:
a. One Authorized User must be designated as the Customer. The designated Customer does not necessarily have to have communications requirements of its own. The Customer must specifically name all Authorized Users in the Service Application for joint use Service. Service Orders which involve the start, rearrangement or discontinuance of joint use of Service will be accepted by the Company only from the designated Customer and will be subject to all regulations of this Tariff.
b. All charges for the Service will be computed as if the Service were to be billed to one Customer. The Authorized User which has been designated as the Customer will be billed for all components of the Service (including the Minimum Monthly Charge, if any, relevant to the account for the Authorized User) and will be responsible for all payments to the Company. In the event that the designated Customer or any Authorized User fails to pay the Company, each Authorized User shall be jointly and severally liable to the Company for all charges associated with its Service as well as any other Authorized User's Service. Each Authorized User must submit to the designated Customer sufficient documentation for the purpose of confirming such Authorized User's acceptance of contingent liability for and guaranty of payment for its portion of all charges billed by the Company for joint use Service to the designated Customer. This documentation must also specify that the Authorized User understands that the Company will receive a copy of the payment guaranty from the designated Customer. The Company may also require credit information from Authorized Users as well as the designated Customer. The designated Customer shall be responsible for allocating charges to each Authorized User of joint use Service, and Company shall have no obligation to seek collection from Authorized Users of joint use Service.
.04 In addition to the other provisions in this Tariff, Customers reselling Service shall be responsible for all interaction and interface with their own subscribers or customers. The reselling of Service by a Customer or reselling of Service with enhancements provided by Customer will not create a partnership or joint venture between Company and Customer nor result in a joint communications Service offering to any third parties by either Company or the Customer.
.05 Neither the Service furnished by the Company nor transmissions or communications carried over such Service shall be used for any unlawful or fraudulent purposes such as:
a. use of electronic devices, invalid numbers, and false credit devices to avoid payment for Services contained in this Tariff either in whole or in part; and
b. to make calls which might reasonably be expected to frighten, abuse, torment, or harass another.
Nor shall Service be used for any purpose for which any payment or other compensation is received by the Customer except when the Customer is a communications common carrier, a resale common carrier or an enhanced Service provider who has subscribed to the Service. However, this provision does not preclude an agreement between the Customer and Authorized Users in a joint use arrangement to share the cost of the Service as long as this arrangement generates no profit for anyone participating in a joint use arrangement.
.06
.07 If, within 90 days of activation, a Customer's 800 number is used by callers only for test Calls, the Company, upon written notice, may make the 800 number unavailable for use by Customer.
.08 A Customer of 800 Services shall provide not less than ten (10) business days notice prior to implementation of special advertising or other new promotions likely to stimulate usage.
.09 An 800 Service Call shall begin when Call Termination is received by or passes through Customer Premise equipment. In instances where the point of connection to 800 Service is a Customer's switching equipment or communication system, the Customer's equipment or system must provide appropriate answer supervision so that the measure of chargeable time begins upon the delivery of the Call to the Customer's switching equipment or communications system and ends upon termination of the Call. If a Customer of 800 Services is found to be non‑compliant in passing back appropriate answer supervision, the Company reserves the right to suspend Service temporarily and/or deny requests for additional Service. The Company shall give the Customer ten (10) days prior written notice of its intent to suspend or deny Service due to such non‑compliance.
.10 A Customer requesting 800 Service shall supply the following information when requesting Service: an initial traffic forecast, identification of anticipated busy hour, identification of its geographical marketing target areas, and a schedule of marketing and promotional activities. A new traffic forecast shall be submitted upon request of Company not more than once each calendar quarter after Start of Service.
.11 800 Service numbers will be issued to Customer (i.e., issuance equates to activation or reservation, whichever occurs first) on a random basis by Company. Customer requests for specific numbers will be considered by Company, and if provided, will be subject to additional charges as set forth in the Ancillary Charge schedules. 800 numbers reserved for Customer will be activated upon Customer's request, however, each 800 number will be subject to reversion to Company without notice to Customer after sixty (60) days from issuance to Customer in the event Company records no Measured Service charges associated with such number as of the expiration or after said sixty (60) day period. Customer will obtain no ownership or other property interest in the 800 numbers provided as a part of 800 Service, and such numbers will in all respects and at all times be deemed as controlled by Company.
12. Regardless of the method in which an 800 number is reserved for or otherwise assigned to Customer, Customer will not have any remedy from Company under a theory of detrimental reliance or otherwise in the event that such 800 number(s) are found not to be available for Customer's use. 800 number(s) assigned to a Customer for use in connection with 800 Service shall not be sold, bartered, brokered or otherwise released by Customer for a fee ("800 Number Trafficking"). Any attempt by Customer to engage in 800 Number Trafficking shall be grounds for reclamation by Company or reassignment of the 800 number(s) reserved for or assigned to Customer.
.13 The Customer may be billed directly by the Local Access Provider for certain Dedicated Access arrangements selected by the Customer. In those instances where the Company acts as agent in the ordering of such arrangements, the Company will bill the Customer Local Access charges in accordance with Section II.2..11.
7. Payment Arrangements
.01 The Customer is responsible for payment of all charges for Services furnished to the Customer or its Authorized Users. This includes payment for Calls or Services specifically requested by the Customer, Collect Calls or Third Party Calls accepted at a Customer's number, Travel Service or LEC Card Calls or Calls originated at a Customer's number. This responsibility is not changed due to any use, misuse, or abuse of the Customer's Service or Customer provided equipment by third parties, the Customer's employees, or the public.
.02 Unless the Company requires an advance Payment Method or other arrangement due to Customer's presenting an undue risk of nonpayment, payment for all charges shall be due on the date set forth on each invoice to Customer. Company's invoice to Customer for Service under this Tariff will be computed monthly for Service provided following Start of Service. The Bill Date relevant to when charges will be computed by Company will determined solely by Company. The invoice date shall not be determinative of the Bill Date used by Company in the preparation of any particular invoice. Customer will remit payment to Company at the remittance address indicated on Company invoices to Customer. In the event Customer fails to pay Company's invoice in full or remit payment to the proper address on or before thirty (30) days after the Due Date, Customer shall also pay a late fee in the amount of the lesser of one and one‑half percent (1%) of the unpaid balance per month or the maximum lawful rate under applicable state law. If a Customer presents an undue risk of nonpayment at any time, the Company may require that Customer 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, the Company shall consider the following factors: (A) the Customer's payment history (if any) with the Company and its affiliates, (B) Customer's ability to demonstrate adequate ability to pay for the Service, (C) credit and related information provided by Customer, lawfully obtained from third parties or publicly available, and (D) information relating to Customer's management, owners and affiliates (if any). Customers who present an undue risk of nonpayment may be required at any time to provide the Company a security deposit, in cash or the equivalent of cash, up to an amount equal to the applicable Installation charges, if any, and/or up to six months' actual or estimated 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 the Company's charges for its Services as the Company may deem necessary, including without limitation, advance payments for Service, third party guarantees of payment, letters of credit, pledges or other grants of security interests in the Customers' assets, and similar arrangements. The required deposit or other security may be increased or decreased by the Company as it deems appropriate in the light of changing conditions. In addition, the Company shall be entitled to require such an applicant or Customer to pay all its bills within a specified period of time, and to make such payments in cash or the equivalent of cash. In case of a cash deposit, simple interest at the rate of 6% per annum shall be credited or paid to the Customer while the deposit is held by the Company. At the Company's option, such deposit may be refunded to the Customer's account at any time.
.04
.05 If a Local Access Provider has established or establishes a Special Access surcharge, the Company will bill the surcharge beginning on the effective date of such surcharge for Special Access arrangements presently in Service. The Company will cease billing the Special Access surcharge upon receipt of an Exemption Certificate or if the surcharge is removed by the Local Access Provider.
.06 In the event the Company incurs fees or expenses, including attorney's fees, in collecting, or attempting to collect, any charges owed the Company (including charges for fraudulent use of the Service), the Customer will be liable to the Company for the payment of all such fees and expenses reasonably incurred.
.07 A Customer of 800 Service is responsible for payment for all Calls placed to or via the Customer's 800 Service number(s) including those placed by the Customer's employees, third parties or other members of the public.
.08 If a Customer whose account has been closed has a credit balance remaining, the Company will transfer the credit to another account of the Customer, if there is one, or will mail a check for the balance to the Customer promptly following the written request of Customer.
.09 Promotional and other credits offered by Company in marketing its Services cannot be assigned. Such credits must be used by the Customer to whom they were offered or the Customer who earned them under the provisions of the offer.
.10 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.
.11 If a Customer accumulates more than $1,000 of unpaid delinquent 800 Service charges, WilSelect 800 Responsible Organization reserves the right to not honor the Customer's request for a Responsible Organization change until such unpaid charges are paid in full.
8.
9.
.01
.02
10. Allowance for Interruptions
.01 A credit allowance will be made for that portion of a Call which is interrupted due to poor transmission (e.g., noisy Circuit), one‑way transmission (one party is unable to hear the other), or involuntary disconnection caused by Defects in the Company's Service. A Customer may also be granted credit for reaching a wrong number. To receive a credit, the Customer must notify a Company Customer Service Representative and furnish information, including the Called Station, the Service subscribed to, the defect experienced, and the approximate time the Call was placed.
.02 Where a Call has been disconnected, the Customer will be given a credit allowance equivalent to the charge for the initial minute of the Call made to reestablish communications with the other party. Where a Call has been interrupted by poor transmission or one‑way transmission, the Customer will be given a credit allowance up to an amount equivalent to the charge for the last three minutes of the interrupted Call, or for the entire Call if it lasted less than three minutes. A Customer who has reached a wrong number will be given a credit allowance equivalent to the charge for the initial minute of the Call to the wrong number if it reports the situation promptly to a Customer Service Representative of the Company.
.03 From time to time, the Company will grant credits against Measured Service charges in an amount not to exceed one month's average billing and not to exceed $7.00 per Customer or account whenever the Company determines that such a credit is warranted due to considerations involving the delivery of past Service to the Customer or account receiving the credit.
.04 For all Services which involve Dedicated Access on the originating and/or terminating end for which monthly recurring charges are applied and which may be subject to an Interruption, the Customer will be given a credit allowance for an Interruption of two (2) consecutive hours or more, as follows:
a. When Service is subject to an Interruption for a period of less than two hours, no credit allowance will be given.
b. When Dedicated Access, if any, associated with the Service is subject to an Interruption for a period of two (2) to twenty‑four hours, a credit allowance in an amount equal to one thirtieth (1/30th) of the monthly recurring charge or charges associated with such interrupted Service will be given.
c. When Dedicated Access, if any, associated with the Service is subject to an Interruption for a period of more than twenty‑four hours, a credit allowance in an amount equal to one thirtieth (1/30th) of the monthly recurring charge or charges associated with such Service will be given for each twenty‑four hour period or fraction thereof.
.05 Notice of Interruption should be reported by the Customer to the Company's Network Control Center. An Interruption ends when the Service is Restored. If the Customer reports the Dedicated Access Service to be inoperative but declines to release it for testing and repair, the Service is deemed to be impaired, but not subject to an Interruption nor corresponding credit as provided in Section II.10..04.
.06 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 any Customer equipment or equipment or facilities used by Customer and not provided for as a part of the Service by Company.
c. Interruptions during any period which the 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 the Company for maintenance or rearrangement purposes, or for the implementation of a Customer Service 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 the Company.
g. Non‑completion of Calls due to network busy conditions.
.07 If the Customer elects to use another means of communication during the period of interruption, the Customer is solely responsible for payment of the charges for the alternate Service used.
11. Directory Assistance
Directory Assistance is available to Customers of the Company's Measured Service. An undiscounted charge will be applied to each Call for information as to any telephone number within the state. The Directory Assistance charge applies to each Call regardless of whether the Directory Assistance Bureau is able to furnish the requested telephone number. The surcharge for Travel Service Calls will not be applied to Directory Assistance Calls.
12. Method for Calculation of Airline Mileage
The airline mileage between two cities can be calculated using the Vertical (V) and Horizontal (H) coordinates of the serving wire centers associated with the Company's POP locations. The method for calculating the airline mileage is obtained by reference to AT&T's Tariff F.C.C. No. 10 according to the following formula:
√(V1 V2) 2 + (H1 H2)2
10
where V1 and H1 correspond to the V&H coordinates of City 1 and V2 and H2 correspond to the V&H coordinates of City 2.
Example:
V H
City 1 5004 1406
City 2 5987 3424
√(5004 5987) 2 + (1406 3424)2
10
The result is 709.83 miles. Any fractional miles are rounded to the next higher whole number; therefore, the airline mileage for this example is 710 miles.
13. Time of Day / Day of Week Rate Periods
Time of Day Rate Periods are determined by the time of day at the location of the Calling Station, i.e., the originating ANI.
DAY: From 8:00 AM to 5:00 PM Monday ‑ Friday.
EVENING: From 5:00 PM to 11:00 PM Monday ‑ Friday and
Sunday.
PRIME: From 8:00 AM to 5:00 PM Monday - Sunday
NIGHT/
WEEKEND: From 11:00 PM to 8:00 AM Everyday.
From 8:00 AM to 11:00 PM Saturday.
From 8:00 AM to 5:00 PM Sunday.
NON-DAY: Any time other than 8:00 AM to 5:00 PM Monday ‑ Friday.
NON-PRIME:From 5:00 PM to 8:00 AM Monday - Sunday
The Non-Day or Night/Weekend Base Rate, as applicable, is used for Calls made on Company Recognized Holidays unless a lower rate is specifically prescribed for the Service in question. Whenever a Call begins in one rate period and ends in another, the rate in effect in each rate period applies to the portion of the Call occurring within that rate period.
14.
15.
.01
.02
.03
.04
.05
16. Change in Service Arrangement
When a change in Service arrangement involves the continued use by the Customer of the exact Service configuration furnished by the Company prior to the change in Service, such as a change of Local Access on one Channel-end, Interexchange Service Installation charges do not apply to the Channel(s) continued in use, however, other Local Access and/or Ancillary Charges may apply depending on the nature of the change in Service arrangement requested. The Service Commitment Period for the Service continued in use is determined from the initial Start of Service Date.
17. Inspection
The Company may, upon notice, make such tests and inspections as may be necessary to determine that the requirements of this Tariff are being complied with in the Installation, operation or maintenance of Customer or the Company's equipment. The Company may interrupt the Service at any time, without penalty to the Company, because of departure from any of these requirements.
18. Testing and Adjustment
Upon reasonable notice, the Service provided by the Company shall be made available to the Company for such tests and adjustments as may be necessary to maintain them in satisfactory condition; no Interruption allowance will be granted for the time during which such tests and adjustments are made.
19. Interconnection with Other Carriers
.01 Service furnished by the Company may be connected with Services or facilities of another carrier. Such interconnection may be made as authorized by the Company at the Company POP or entrance site, at a POP of another carrier, or at the Customer Premises, or premises of an Authorized User. Service furnished by the Company is not part of a joint undertaking with such other carriers.
.02 Any special interface equipment or facilities necessary to achieve compatibility between the facilities of the Company and other participating carriers shall be provided at the Customer's expense. Upon the Customer's request and acting as its authorized agent, the Company will attempt to make the necessary arrangements for such interconnection.
20. Customer Provided Equipment
Customer Premises Circuit terminating equipment such as Channel Service units (CSUs) 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 the Customer's expense, except as expressly provided otherwise in writing and set forth in a Service Application accepted by an authorized representative of Company.
21.
III. TECHNICAL STANDARDS
1. Company Warranty
Company warrants that the Service provided under this Tariff will conform with relevant North American telecommunications industry standards.
A. Calls in progress will be completed without: (i) complete interruption of transmission; or (ii) failure to maintain audio quality such that persons with normal hearing can maintain a normal conversation over the course of the Call.
B. Company will maintain traffic engineering standards so as to avoid a "slow" busy signal due to a failure to maintain sufficient egress Circuits.
C. Company will maintain traffic engineering standards so that an outbound grade of service of at least P.01 (less than 1% of Calls are blocked) will be provided for each particular communications path between the Calling Station (i.e., Customer's Premise[s]) and the relevant Company POP, however, Company shall not be responsible for an Interruption allowance or credit that is due to the fault or negligence of the Customer, Customer's equipment or to a cause described in Section II.3..01.
D. Company will maintain traffic engineering standards so that an outbound grade of service of at least P.0001 (less than .01% of Calls are blocked) will be maintained over each particular communications path between Company's POPs however, Company shall not be responsible for an Interruption allowance or credit that is due to a cause described in Section II.3..01.
E. Company will maintain traffic engineering standards so that an outbound grade of service of at least P.0001 (less than .01% of Calls are blocked) will be maintained over each particular communications path between Company's POPs and the Called Station, however, Company shall not be responsible for an Interruption allowance or credit that is due to a cause described in Section II.3..01.
IV. MESSAGE TELECOMMUNICATIONS SERVICES
In addition to other service-related charges, FUSF, Administrative Expense Fee, CAC and CCRC apply.
1. WilPlus I
WilPlus I is a product offering comprised of a One Plus service component and an 800 Service component. Call Duration for all WilPlus I Calls (usage) are expressed in increments of a minute, with a billing minimum of 1 minute per Call. The Call Duration for all WilPlus I Calls is rounded to the next highest minute. For instance, a Call lasting 3 minutes and 40 seconds is billed as a 4 minute Call. The applicable Base Rates for WilPlus I Service will be determined by Time of Day and Company Recognized Holidays.
01. Minimum Monthly Usage Requirement:
All Customers of WilPlus I are subject to a Minimum Monthly Charge of $8.00 per account. If the actual monthly Measured Service billing for all services comprising WilPlus I Service (on a per account basis) is less than $8.00, the Customer is billed $8.00. If the actual monthly Measured Service billing for WilPlus I (on a per account basis) is more than $8.00, the actual usage is billed.
02. WilPlus I - One Plus Service Component:
The One Plus Service Component of WilPlus I is a distance and time of day sensitive direct dial long distance Service, for calls originating over Switched Access facilities. WilPlus I Service can be originated within the 48 contiguous United States, with the exception that, WilPlus I Service cannot be originated in LATA 921 (Fisher's Island, NY), LATA 980 (Navajo, UT), and LATA 981 (Navajo, AZ).
Base Rates for the One Plus Service Component of WilPlus I are set forth below and correspond to the relevant Airline Miles between the serving wire center for the Calling Station and the serving wire center for the Called Station and the time of day/day of week:
Milage Band Day Evening Night/Weekend
1 - 10 $0.1906 $0.1271 $0.1059
11 - 22 0.2012 0.1377 0.1165
23 - 55 0.2118 0.1377 0.1165
56 - 292 0.2224 0.1430 0.1271
293 - 430 0.2330 0.1430 0.1271
431 - 925 0.2436 0.1483 0.1324
926 - 1910 0.2489 0.1567 0.1324
1911 - 3000 0.2542 0.1567 0.1324
3000 - 4250 0.3177 0.2224 0.1694
4250 + 0.3495 0.2330 0.1800
03. WilPlus I - 800 Service Component
The 800 Service Component of WilPlus I is a time of day sensitive inbound long distance service for 800 Calls originating on Switched Access facilities within the 48 contiguous United States, Alaska, Hawaii, Puerto Rico and the Virgin Islands.
Base Rates for the 800 Service Component of WilPlus I are set forth below:
Originating
Location Day Non-Day
U.S. Mainland $0.2648 $0.2648
Alaska 0.3728 0.3622
Hawaii 0.2118 0.2065
US Virgin Islands 0.2965 0.2859
Puerto Rico 0.2499 0.2436
04. WilPlus I - Travel Service
Travel Service is available to Customers purchasing WilPlus I through Company's Voice Card. The Measured Service component of Travel Service Calls are billed in 6 second increments with a 1 minute billing minimum per call. In addition to the Base Rates set forth below, each Call completed using the Company Voice Card will be assessed a call setup charge of $.60.
Voice Card Service: Day $0.23
Evening $0.18
Night/Weekend $0.16
05. WilPlus I - Volume Discounts
All Base Rate charges for Measured Service contribute toward the Monthly Aggregate WilPlus I Volume Discount set forth below. Directory Assistance and Voice Card are not eligible for volume discounts.
Monthly Monthly
Aggregate Aggregate
Volume Discount
Volume Discounts: $ 0 - $ 99.99 0%
$100.00 - $199.99 2
$200.00 + 5
2. WilPlus II
WilPlus II is a product offering comprised of a One Plus service component and an 800 Service component. Call Duration for all interstate WilPlus II Calls usage) is expressed in increments of a 6 seconds, with a billing minimum of 6 seconds per Call. The Call Duration for all WilPlus II Calls is rounded to the next highest 6 seconds. For instance, a Call lasting 3 minutes and 40 seconds is billed as a 3 minute 42 second call. The applicable Base Rates for WilPlus II Service will be determined by Time of Day and Company Recognized Holidays.
This service is no longer available to new customers.
01. Minimum Monthly Usage Requirement
All Customers of WilPlus II are subject to a Minimum Monthly Charge of $250.00 per account. This Minimum Monthly Charge is applied to Customer's invoice(s) consisting of a full month of Service if the actual usage is less than the Minimum Monthly Charge. If the actual monthly Measured Service billing for all services comprising WilPlus II Service (on a per account basis) is less than $250.00, the Customer is billed $250.00. If the actual monthly Measured Service billing for WilPlus II (on a per account basis) is more than $250.00, the actual usage is billed.
02. WilPlus II - One Plus Service Component
The One Plus Service Component of WilPlus II is a time of day sensitive direct dial long distance Service for calls originating over Switched Access or Dedicated Access facilities. WilPlus II service can be originated within the 48 contiguous United States, with the exception that, WilPlus II Switched Access Service cannot be originated in LATA 921 (Fisher's Island, NY), LATA 963 (Kalispell, MT), LATA 980 (Navajo, UT), and LATA 981 (Navajo, AZ).
Base Rates for the One Plus Service Component of WilPlus II are set forth below and correspond with the applicable Service and Time of Day:
Base Rate Per Minute
Day Non-Day
Calls Within Contiguous 48 States:
Switched Access: $0.1927 $0.1684
Dedicated Access: $0.1366 $0.1197
Calls to Alaska, Hawaii, Puerto Rico
and U.S. Virgin Islands:
Switched Access: $0.3050 $0.2436
Dedicated Access $0.2213 $0.1769
03. WilPlus II - 800 Service Component
The 800 Service Component of WilPlus II is a time of day sensitive inbound long distance service for 800 Calls originating in the United States, Puerto Rico and the United States Virgin Islands.
Base Rates for the 800 Service Component of WilPlus II are set forth below and correspond with the applicable Service and Time of Day:
Base Rate Per Minute
Day Non-Day
Switched Access:
Calls Originating in the
48 Contiguous United States $0.1927 $0.1684
Calls Originating in Alaska $0.4151 $0.3823
Calls Originating in Hawaii $0.3050 $0.2436
Calls Originating in Puerto Rico
or the U.S. Virgin Islands $0.3050 $0.2436
Dedicated Access:
Calls Originating in the
48 Contiguous United States $0.1366 $0.1197
Calls Originating in Alaska $0.3601 $0.3241
Calls Originating in Hawaii $0.2213 $0.1769
Calls Originating in Puerto Rico
or the U.S. Virgin Islands $0.2213 $0.1769
04. WilPlus II - Travel Service
Travel Service is available to Customers purchasing WilPlus II through Company's Voice Card. The Measured Service component of Travel Service Calls are billed in 6 second increments with a 1 minute billing minimum per call. In addition to the Base Rates set forth below, each Call completed using the Company Voice Card will be assessed a call setup charge of $.60.
Voice Card Service: Day Non-Day
$.182 $.159
05. WilPlus II - Volume and Term Discounts
All Base Rate charges for Measured Service contribute toward the Monthly Aggregate WilPlus II Volume Discount set forth below. Directory Assistance is not eligible for volume discounts.
Service Commitment Period
Monthly Aggregate Month-To One Year Two Year Three Year
Volume Month Discount Discount Discount
$250 - $499.99 0% 3% 5% 7%
$500 - $999.99 3 5 7 10
$1,000 - $1,999.99 5 7 10 12
$2,000 + 7 10 12 15
3. WilPlus III
WilPlus III is a high volume inbound and outbound Service. Call Duration for all interstate WilPlus III Calls (usage) is expressed in increments of a 6 seconds, with a billing minimum of 6 seconds per Call. The Call Duration for all WilPlus III Calls is rounded to the next highest 6 seconds. For instance, a Call lasting 3 minutes and 40 seconds is billed as a 3 minute 42 second call. The applicable Base Rates for WilPlus III Service will be determined by Time of Day and Company Recognized Holidays.
This service is no longer available to new customers.
.01 Minimum Monthly Usage Requirement
All Customers of WilPlus III are subject to a Minimum Monthly Charge of $2000.00 per account. This Minimum Monthly Charge is applied to Customer's invoice(s) consisting of a full month of Service if the actual usage is less than the Minimum Monthly Charge. If the actual monthly Measured Service billing for all services comprising WilPlus III Service (on a per account basis) is less than $2000.00, the Customer is billed $2000.00. If the actual monthly Measured Service billing for WilPlus III (on a per account basis) is more than $2000.00, the actual usage is billed.
.02 WilPlus III - Outbound Service
The WilPlus III Outbound Service is a time of day sensitive direct dial long distance Service for calls originating over Switched Access or Dedicated Access facilities. WilPlus III service can be originated within the 48 contiguous United States, with the exception that, WilPlus III Switched Access Service cannot be originated in LATA 921 (Fisher's Island, NY), LATA 963 (Kalispell, MT), LATA 980 (Navajo, UT), and LATA 981 (Navajo, AZ).
Base Rates for the Outbound Service Component for WilPlus III are set forth below and correspond with the applicable Service and Time of Day:
Base Rate Per Minute
Day Non-Day
Calls Within Contiguous 48 States:
Switched Access: $0.1811 $0.1589
Dedicated Access: $0.1281 $0.1133
Calls to Alaska, Hawaii, Puerto Rico
and the U.S. Virgin Islands:
Switched Access: $0.2234 $0.1790
Dedicated Access: $0.1652 $0.1313
.03 WilPlus III - Inbound Service
The inbound Service Component of WilPlus III is a time of day sensitive long distance service for 800 Calls originating in the United States, Puerto Rico and the United States Virgin Islands.
Base Rates for the inbound Service Component of WilPlus III are set forth below and correspond with the applicable Service and Time of Day:
Base Rate Per Minute
Day Non-Day
Switched Access:
Calls Originating in the
48 Contiguous United States $0.1811 $0.1589
Calls Originating in Alaska $0.3526 $0.3251
Calls Originating in Hawaii $0.2584 $0.2076
Calls Originating in Puerto Rico
or the U.S. Virgin Islands $0.2584 $0.2076
Dedicated Access:
Calls Originating in the
48 Contiguous United States $0.1281 $0.1133
Calls Originating in Alaska $0.3061 $0.2753
Calls Originating in Hawaii $0.1885 $0.1504
Calls Originating in Puerto Rico
or the U.S. Virgin Islands $0.1885 $0.1504
.04 WilPlus III - Travel Service
Travel Service is available to Customers purchasing WilPlus III through Company's Voice Card. The Measured Service component of Travel Service Calls are billed in 6 second increments with a 1 minute billing minimum per call. In addition to the Base Rates set forth below, each Call completed using the Company Voice Card will be assessed a call setup charge of $.60.
Voice Card Service: Day Non-Day
$.171 $.150
.05 WilPlus III - Aggregate Monthly Term and Volume Discounts
All Base Rate charges for Measured Service contribute toward the Monthly Aggregate WilPlus III Volume Discount set forth below. Directory Assistance is not eligible for volume discounts.
Service Commitment Period
Monthly Aggregate Month-To One Year Two Year Three Year
Volume Month Discount Discount Discount
$2,000 - $4,999.99 0% 7% 8% 10%
$5,000 - $9,999.99 5 10 12 14
$10,000 - $24,999.99 8 12 15 18%
$25,000 - $49,999.99 10 16 18 21
$50,000 - $99,999.99 14 18 20 25
$100,000 + 19 22 25 30
4. LEC Billed Measured Service
4.1 LEC Billed Measured Service calling includes calls made by customers without an established account dialed:
(1) using an accepted company access code (e.g., 10XXX) from a line not presubscribed to the Company; or
(2) from a line presubscribed to the Company (i.e., when the customer does not have an established account and billing relationship with WilTel or another carrier using the WilTel network.)
Such LEC Billed Measured Service calls may be routed to the WilTel network when placed within the forty-eight (48) contiguous United States, with the exception that such calls can not be originated in LATA 921 (Fisher's Island, NY), LATA 980 (Navajo, UT) and LATA 981 (Navajo, AZ). LEC Billed Measured Service calls accepted by the Company will be billed at the rates listed below:
4.1.1 Rate Per Minute Schedule
All Mileage Bands $0.3815
4.1.2 Per Call Surcharge
$2.4900
4.1.3 Billing Increments
LEC Billed Measured Service is billed in one (1) minute initial increments and is rounded to the next higher one (1) minute increment.
4.2 Operator-Assisted Services - The rates and charges below apply to "0+", "0-" and "00-" calls, including calls dialed using a 10XXX or other access number, routed to a Company operator or to an automated operator or calling card interface from the premises of:
(1) residential and business subscribers; or
(2) local exchange carrier customers not presubscribed to the Carrier.
A. Customer Dialed Calling Card
INTERSTATE DAY EVENING NIGHT/WEEKEND
1st Add'l 1st Add'l 1st Add'l
MILEAGE Min. Min. Min. Min. Min. Min.
0 - 10 $0.3600 $0.3600 $0.3600 $0.3600 $0.3600 $0.3600
11 - 22 0.3800 0.3800 0.3800 0.3800 0.3800 0.3800
23 - 55 0.4200 0.4200 0.4200 0.4200 0.4200 0.4200
56 - 124 0.4300 0.4300 0.4300 0.4300 0.4300 0.4300
125 - 292 0.4400 0.4400 0.4400 0.4400 0.4400 0.4400
293 - 430 0.4400 0.4400 0.4400 0.4400 0.4400 0.4400
431 - 925 0.4500 0.4500 0.4500 0.4500 0.4500 0.4500
926 - 1910 0.4600 0.4600 0.4600 0.4600 0.4600 0.4600
1911 - 3000 0.4600 0.4600 0.4600 0.4600 0.4600 0.4600
3001 - 4250 0.4600 0.4600 0.4600 0.4600 0.4600 0.4600
4251 + 0.4600 0.4600 0.4600 0.4600 0.4600 0.4600
B. Operator Assisted Station-Station & Person-Person
INTERSTATE DAY EVENING NIGHT/WEEKEND
1st Add'l 1st Add'l 1st Add'l
MILEAGE Min. Min. Min. Min. Min. Min.
0 - 10 $0.3700 $0.3700 $0.3700 $0.3700 $0.3700 $0.3700
11 - 22 0.3900 0.3900 0.3900 0.3900 0.3900 0.3900
23 - 55 0.4300 0.4300 0.4300 0.4300 0.4300 0.4300
56 - 124 0.4400 0.4400 0.4400 0.4400 0.4400 0.4400
125 - 292 0.4500 0.4500 0.4500 0.4500 0.4500 0.4500
293 - 430 0.4500 0.4500 0.4500 0.4500 0.4500 0.4500
431 - 925 0.4500 0.4500 0.4500 0.4500 0.4500 0.4500
926 - 1910 0.4600 0.4600 0.4600 0.4600 0.4600 0.4600
1911 - 3000 0.4600 0.4600 0.4600 0.4600 0.4600 0.4600
3001 - 4250 0.4600 0.4600 0.4600 0.4600 0.4600 0.4600
4251 + 0.4600 0.4600 0.4600 0.4600 0.4600 0.4600
C. Per Call Surcharges
Customer Dialed Calling Card $1.40
Customer Dialed Credit Card $1.70
Operator Assisted Station-Station:
Collect and Calling Card $2.25
Billed to a Third Party $2.35
Sent Paid Non-Coin $2.30
Operator Assisted Person-Person $5.10
D. Billing Increments - This service is billed in one (1) minute increements and is rounded to the next higher one (1) minute increment. No holidays apply.
E. Rate Periods
Day: 8AM - 5PM, Mon-Fri
Evening: 5PM - 11PM, Mon-Fri, Sun
Night/Weekend: 11PM- 8AM, Mon-Sun
5. Optional Features & Charges
A. WilPlus I:
800 Numbers: $1.00 per number/month
Accounting Codes (2-6 digits):
Non-Verified No Charge
Verified
Set-up $10.00 Set-up
Monthly Recurring Charge $10.00per month
Account Codes Changes $25.00per table change
Billing Options:
Corporate Bill $100.00 Set-up fee per account
$100.00 per month per account
Parent Child $100.00 Set-up fee per parent
$100.00 per month per parent
Billing Media Options:
Monthly Call Detail Record:
Magnetic Tape $ 50.00 per month
Diskette $ 50.00 per month
Multiple Invoice
Copies: $300.00 per request/5 copy max.
Management Reports: $5.00 per month per report
B. WilPlus II and WilPlus III:
800 Numbers: $1.00 per number/month
DNIS (delivers 4digits): $400.00 Set-up charge/trunk group arrangement $100.00 per trunk group change
800 Call Blocking No Charge
Accounting Codes (2-6 digits):
Non-Verified No Charge
Verified
Set-up $10.00 Set-up
Monthly Recurring
Charge $10.00 per month
Account Codes Changes $25.00 per table change
Billing Options:
Corporate Bill $100.00 Set-up fee per account
$100.00 per month per account
Parent Child $100.00 Set-up fee per parent
$100.00 per month per parent
Billing Media Options:
Monthly Call Detail Record:
Magnetic Tape $ 50.00 per month
Diskette $ 50.00 per month
Multiple Invoice
Copies: $300.00 per request/5 copy max.
Management Reports: $5.00 per month per report
C. CustomOne:
Accounting Codes (2-6 digits):
Non-Verified No Charge
Verified
Set-Up $10.00 per Customer account
Monthly Recurring
Charge $10.00 per month/per Customer account
Billing Options:
Corporate Bill $100.00 Set-up fee per account
$100.00 per month per account
Hierarchical $100.00 Set-up fee per parent
$100.00 per month per parent
Billing Media Options:
Monthly Call Detail Record:
Magnetic Tape $ 50.00 per month
Diskette $ 50.00 per month
Multiple Invoice
Copies: $300.00 per request/5 copy max.
Management Reports: $5.00 per month per report
6. Ancillary Services & Charges
NON‑RECURRING CHARGE SCHEDULE
SERVICE TYPE DS‑1 DS-0
.01 INSTALLATION CHARGES:
Per Node $400.00 $150.00
Per Local Access ASR* $ 50.00 $ 25.00
.02 ORDER EXPEDITE CHARGES:
Per Channel $100.00 $50.00
Per Local Access ASR* $ 25.00 $25.00
.03 CHANGE OF REQUESTED SERVICE DATE ONLY CHARGES:
FIRST CHANGE & STANDARD NOTICE:
Per Local Access ASR* $ 50.00 $25.00
Per Node N/C N/C
PLUS ANY CHARGES INCURRED BY COMPANY FROM THIRD PARTY SERVICE PROVIDERS
SUBSEQUENT CHANGES OR SHORT NOTICE:
Per Local Access ASR* $ 50.00 $25.00
Per Node $200.00 $150.00
PLUS ANY CHARGES INCURRED BY COMPANY FROM THIRD PARTY SERVICE PROVIDERS
.04 CHANGE OF ORDER CHARGES:
ADMINISTRATIVE CHARGES:
Per Local Access ASR* $ 50.00 $25.00
Per Node N/C N/C
PRE‑ENGINEERING:
Per Local Access ASR* $ 50.00 $25.00
Per Node $200.00 $50.00
POST‑ENGINEERING:
Per Local Access ASR* $ 50.00 $25.00
Per Node $400.00 $150.00
PLUS ANY CHARGES INCURRED BY COMPANY FROM THIRD PARTY SERVICE PROVIDERS
.05 ORDER CANCELLATION CHARGES:
PRE‑ENGINEERING:
Per Local Access ASR* $ 50.00 $25.00
Per Node $200.00 $50.00
POST‑ENGINEERING:
Per Local Access ASR* $ 50.00 $25.00
Per Node $400.00 $150.00
PLUS ANY CHARGES INCURRED BY COMPANY FROM THIRD PARTY SERVICE PROVIDERS
.06 CHANGE OF SERVICE CHARGES:
ADMINISTRATIVE CHANGES:
Per Local Access ASR* $ 50.00 $25.00
Per Node N/C N/C
RE‑ENGINEERING CHARGES:
Per Local Access ASR* $ 50.00 $25.00
Per Node $400.00 $150.00
AFTER BUSINESS HOURS:
Per Local Access ASR* $100.00 $ 75.00
Per Node $ 50.00 $ 50.00
.07 ADDITIONAL NONRECURRING INSTALLATION/MAINTENANCE/ENGINEERING CHARGES:
During Normal Hours $100.00 Per Hour Per Person
After Normal Hours $125.00 Per Hour Per Person
.08 M13 MULTIPLEXING CHARGES:**
Per M13 $600.00 $250.00
.09 M24 MULTIPLEXING SERVICE:***
Per DS‑1 Connection N/C $75.00
Notes:
* Plus applicable local access provider charges.
** Pre start of service cancellations will be subject to the statednon-recurring charge, If any, and twelve (12) times the stated monthly ecurring charge. Cancellation following start of service and before completing twelve (12) months of service, will be subject to a cancellation charge equal to the difference between the total recurring charges for the service period completed and twelve (12) times the stated monthly recurring charge.
*** Pre start of service cancellations will be subject to the statednon‑recurring charge, if any, and three (3) times the stated monthly recurring charge. Cancellation following start of service and before completing three (3) months of service, will be subject to a cancellation charge equal to the difference between the total recurring charges for the service period completed and three (3) times the stated monthly recurring charge.
N/A = Not Applicable
N/C = No charge
ASR = Access service request
NODE = Special Access Connection to Company Network
ANCILLARY SERVICES & CHARGES / DEFINITIONS AND APPLICATION OF CHARGES
.01A Installation Charges:
Installation charges apply when Company provides new or additional Local Access (including feature group service) on Customer's behalf. Company will charge Customer for issuing an Access Service Request (ASR) to the Local Access Provider. Local Access Provider installation charges will also be billed to the Customer.
.02A Expedite Charges:
Expedite charges apply when Company provides installation of Service in less time than otherwise established by Company intervals. Company will charge for the expedited handling of the Service Order and will pass along to Customer any Local Access Provider expedite charges associated with Customer's request for expedited installation. When Local Access Provider expedite charges are incurred for reasons other than Customer's expedite request, these charges will not be passed on to Customer.
.03A Change of Requested Service Date Charges:
These charges apply when a change of the Requested Service Date is the only Customer requested modification to the original Service Order relevant to the Service in question. The amount of the charge depends on when in the stage of order processing Customer's request is made to Company and whether the Requested Service Date for the Service in question has been previously modified. If the first request to change a Requested Service Date is received more than ten (10) working days prior to the original Requested Service Date ("Standard Notice"), there will be no charge. If the Requested Service Date has been changed once already, or if the request is made within ten (10) working days of the established Requested Service Date ("Short Notice"), the applicable charge will apply. An ASR charge will be assessed whenever a change of Requested Service Date is made with respect to Local Access. When Customer requests that a Requested Service Date be pushed out, the new Requested Service Date is to be within thirty (30) days of the previous Requested Service Date. If the new Requested Service Date is more than thirty (30) days following the previous Requested Service Date, or is unknown, the Service effected thereby will be deemed to be canceled by Customer and subject to applicable cancellation charges. In no event will Company be obligated to accept more than three (3) changes to a Requested Service Date, and as of the fourth (4th) such request the Service in question will be deemed to be canceled by Customer and subject to applicable cancellation charges. A change of Requested Service Date charge also applies when Customer requests an earlier Requested Service Date that does not require an expedited installation interval. If an expedited interval is required, the Order Expedite Charge supersedes the Change of Requested Service Date Charge. Customer will also be charged for any changes incurred by Company from third party providers of facilities or services relevant to Service affected by a change of Requested Service Date.
.04A Change of Order Charges:
A. Change of Order Charges apply when Customer requests a modification to the information contained in a Service Order prior to completion of installation of the Service (ICOM) other than a change of Requested Service Date. Administrative changes (e.g. billing address, contact, etc.) on Company provided Service only will be made without charge. There will be an ASR charge for Administrative Changes with respect to Service Orders pursuant to which Company is to act as agent to obtain Local Access. Change of Order is defined as a change of Local Access Service type, change of transmission speed, transmission mode or termination interface, or to reflect a partial cancellation of the Service Order. Change of Order Charges will apply if the city for the Customer Premises to be served changes (i.e., changes of termination interface are permitted, e.g., WASH.CPT to WASH.ICC, but not changes in city, e.g., DLLS.SWB to HSTN.SWB). Service Order modifications outside the scope of this Change of Order definition will be deemed as Customer's cancellation of affected Service and as an order for a new Service which must be described in a new Service Order.
B. Charges for Change of Order are lower if the change is received prior to circuit engineering. While the exact time of circuit engineering may vary, to afford a verifiable date, "pre‑engineering" is defined as being within five (5) working days of the date the order was entered into the Company F&E system (i.e., Company's order processing system) for standard interval circuits. All expedited orders are deemed to be in "post‑engineering" two (2) working days after the order is entered into the Company's Facilities and Engineering Data Base System. Local Access ASR Change of Order Charges apply if the change requires change in a Local Access Provider ASR or that a new ASR be sent. For example, a change on a DS‑0 order from 2‑wire to 4‑wire Local Access Channels requires a new ASR. Charges apply per affected Service or ASR, not per Service Order in which the affected Service (which may be comprised of multiple Services one or more of which may be affected by the change order) was originally described.
.05A Order Cancellation Charges:
Order Cancellation Charges apply for orders canceled prior to completion of installation (ICOM). These charges are applied in addition to any other cancellation charges specified in this Tariff or cancellation charges relevant to associated M13 and/or M24 equipment or incurred by Company from third party service providers. Cancellation charges apply per Service and per ASR and differ by pre and post engineering. The definition of both pre‑engineering and post‑engineering are the same as under Change of Order Charges. Order Cancellation Charges are in addition to installation charges which will also apply with respect to orders canceled prior to ICOM.
.06A Change of Service Charges:
A. Change of Service charges apply to Customer orders for changes made after a circuit has completed installation (ICOM). Administrative changes, i.e., changes to Customer's files such as billing address, billing contact, etc., will only be charged on affected Service for which Company also administers relevant Dedicated Access. The Change of Service Charge will be applied per Local Access ASR.
B. Re‑engineering charges apply to orders that are re‑engineered due to Customer requested change in Local Access Service type (e.g., 2‑wire to 4‑wire), transmission speed, transmission mode (e.g., AMI to B8ZS),IXC or Local Access termination location or terminating equipment M24, MUX, cross‑connect, etc.). Changes which require only modification of Local Access (e.g. 2‑wire loop to 4‑wire loop) will only result in a charge for the ASR(s) required to effect the change order. Any Local Access Provider charges or third party service provider charges incurred by Company because of a Customer requested change will be passed on to Customer.
.07A Additional Installation/Maintenance Charges:
Additional Installation and/or Maintenance Charges apply when Customer requests Installation or Service changes to be effected during non‑business hours for Company or when Customer requests a Company technician at the Customer Premise for trouble that results from problems in non‑Company provided facilities or when Company agrees to perform other engineering, design or activities which are not provided by Company as part of its then standard design and Installation of Service.
.08A M13 Multiplexing (DS‑3 TO DS‑1) Charges:
A. Service Description/Applications:
This Service provides M13 multiplex equipment (MUX) in a Company or Company designated third party POP to perform the function of deriving up to twenty‑eight (28) DS‑1s out of a single DS‑3. M13 Multiplexing Service is only available at Company approved M13 locations.
B. Charges:
M13 Multiplexing Charges are applied on a per M13 basis. Initial cross‑ connects necessary to establish this Service are included in the M13 Multiplexing Charges. Charges for additional cross‑connects after initial installation or reconfiguration of existing cross‑connects will be considered as Post Engineering Change Orders of DS-1s.
.09A M24 Multiplexing Service (M24) Charges:
A. Service Description/Applications:
M24 equipment located in a Company designated POP is used to electronically multiplex‑demultiplex DS‑0 (VF/DDS) level channels from a DS‑1 level circuit and then electronically cross‑connect those DS‑0 channels to either a DS‑0 circuit or to a different DS‑1 circuit. M24 is Company's alternative to the use of DS‑1/DS‑0 channel banks and VF/DDS electrical distribution frames within Company designated POP's. M24 Service is only available at Company approved M24 locations.
The charges for M24 are applied per Local Access M24 termination. Company is under no obligation to provide M24 for use in conjunction ith transmission services not provided by Company. Initial DS‑0 cross‑connects within the M24 necessary to establish this Service are included in the charge. Charges for additional cross‑connects after initial installation or reconfiguration of existing cross‑connects will be considered as Post Engineering Change Orders of DS-0s.
7. Directory Assistance
The per Call charge for each Directory Assistance Call is $.75.
8. 800 Referral Service
The charge for 800 Referral Service is $200.00 per 800 number per month or fraction thereof. This charge is not subject to proration. 800 Referral Service is limited to a ninety (90) day Service Commitment Period, but may be canceled earlier upon ten (10) days notice by Customer to Company without any cancellation charge. At the end of the ninety (90) day Service Commitment Period, 800 Referral Service will be terminated by Company without notice to Customer. This charge does not apply to CustomOne customers. Please see Section IV.12..05 for applicable rates.
9. Local Access Charges
.01 Local Access charges for Dedicated Access are subject to the provisions of Section II.2..10. The rate information relevant to Local Access charges for Dedicated Access is available from the relevant Local Exchange Carriers. Dedicated Access provided to Tier CCities as defined in Tariff FCC No. 4, Section IV.16.3, will be subject to an additional charge as determined on an individual case basis.
.02 When authorized by Company pursuant to and ICB arrangement, Local Access charges will be in accordance with the ICB arrangement.
10. CustomOne 800 Numbers
The per number charge for each CustomOne 800 number is $15.00/month.
11. Integrated Services Digital Network Service
Integrated Services Digital Network ("ISDN") Service (as described in Section IV.13..09 of Company's F.C.C. Tariff No. 4) is available to CustomOne Customers. Rates for ISDN Service will be in accordance with Company's F.C.C. Tariff No. 4 for ISDN Service.
12. CustomOne
CustomOne is a high volume inbound and outbound customized telecommunications Service. It provides a comprehensive, unified Service for single or multi-location companies using switched, dedicated and Travel Card access. CustomOne is suitable for long distance Calls between company locations as well as all long distance Calls to the entire United States, U.S. Caribbean and those international locations listed in Tariff FCC No. 2. All domestic inbound and outbound Calls are subject to a 6 second minimum initial period and are rounded to the next higher 6 second increment. The applicable Base Rates for CustomOne are determined by Time of Day and Company Recognized Holidays.
Subscribers to CustomOne have the option of Dedicated, Switched and Travel Card Access, and Dedicated and Switched Termination, with Volume Discounts, Time of Day Discounts, WilSelect 800, Directory Assistance, Accounting Codes, Standard, Corporate Billing and Hierarchical Billing, Call Detail on Magnetic Tape or Diskette, and Telemanagement Reports.
.01 CustomOne Outbound Service
A. Base Rates from U.S. Mainland to U.S. Mainland, Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands. Service cannot be originated in LATAS 921 (Fisher's Island, NY), LATA 980 (Navajo, UT), and LATA 981 (Navajo, AZ).
Rate Per 6 Seconds or Fraction Thereof
Intercity Switched Dedicated
Mileage Band Access Access
Day Non-Day Day Non-Day
0 - 100 $0.0196 $0.0157 $0.0134 $0.0108
100 + 0.0208 0.0176 0.0150 0.0128
B. Base Rates from U.S. Mainland to International locations - See Tariff FCC No. 2, Section III, CustomOne Service Offering.
.02 CustomOne Inbound Service
A. Base Rates from U.S. Mainland, Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands to U.S. Mainland.
Rate Per 6 Second of Fraction Thereof
Originating Intercity Switched Dedicated
Location Mileage Band Access Access
Day Non-Day Day Non-Day
U.S. Mainland 0 - 300 $0.0200 $0.0160 $0.0144 $0.0115
300 + .0211 .0179 .0159 .0136
Alaska 0 + .0373 .0362 .0336 .0325
Hawaii 0 + .0212 .0207 .0175 .0169
Puerto Rico 0 + .0250 .0244 .0205 .0200
US Virgin
Islands 0 + .0297 .0286 .0259 .0249
B. Base Rates from Canada to U.S. Mainland. See Tariff FCC No. 2, Section III, CustomOne Service Offering.
.03 CustomOne Travel Service
A. Voice Card Service
Voice Card (Voice Card) Service offers the following features: # Reorigination, International Termination, and Contiguous U.S. Service.
All Voice Card calls are billed in 6 second increments with a 6 second billing minimum per Call. No set-up charge applies.
CustomOne Voice Card Service Base Rates
Base Rates from the Contiguous U.S., Alaska, Hawaii, Puerto Rico, U.S. Virgin Islands to the Contiguous U.S.
Per Minute
Day Non-Day
Contiguous U.S. $0.250 $0.250
Alaska $0.384 $0.367
Hawaii $0.198 $0.182
Puerto Rico $0.229 $0.213
U.S. Virgin Islands $0.229 $0.213
i. # Reorigination
# Reorigination allows Customer to dial additional numbers without ending the Voice Card session and without reentering the authorization code. No charge applies on Domestic Calls. On International calls the card is assessed the applicable standard set-up charge for each additional number dialed.
ii. International Termination
International Termination allows users to terminate calls to international locations. Service description and Rates for International Termination are found in Tariff FCC No. 2, Section III, CustomOne Service Offering.
iii. Volume and Term Discounts
All CustomOne Voice Card rates and charges are eligible for volume and/or term discounts.
B. CustomCard Travel Card (CustomCard) Service
CustomOne CustomCard Travel Card (CustomCard) Service offers the following standard features: Speed Dialing, # Reorigination, International Termination, International Origination, Conference Calling, Variable Credit Limits, Message Store and Forward, Domestic Service and Audiotext. Voice Mail is an optional feature of CustomCard Service.
Customer will be billed the associated charges only for those features used, in addition to the Base Rates listed below. Calls are billed in 6 second increments with a 1 minute billing minimum per Call. In addition to the Base Rates, each completed Call will be assessed a set-up charge of $0.60.
CustomOne CustomCard Service Base Rates
Base Rates from the Contiguous U.S., Alaska, Hawaii, Puerto Rico, U.S. Virgin Islands to the Contiguous U.S.
Day Non-Day
Contiguous U.S. $0.196 $0.166
Alaska $0.384 $0.367
Hawaii $0.198 $0.182
Puerto Rico $0.229 $0.213
U.S. Virgin Islands $0.229 $0.213
i. Speed Dialing
Speed Dialing allows Customer to store frequently dialed numbers which are then retrieved by dialing only 1 digit. Customer is limited to 9 programmed numbers with a maximum of 11 digits each.
Speed Dialing Charges
Monthly Recurring Charge for Speed Dialing $0.00
ii. # Reorigination
# Reorigination allows Customer to dial additional numbers without ending the CustomCard session and without reentering the authorization code. The card is assessed the standard set-up charge for each additional number dialed.
# Reorigination Charges
Standard set-up Charge per # Reorigination $0.60
iii. International Termination
Rates for International Termination are found in Tariff FCC No. 2, Section III, CustomOne Service Offering.
iv. International Origination
Rates for International Origination are found in Tariff FCC No. 2, Section III, CustomOne Service Offering.
v. Conference Calling
Conference Calling allows Customer to use an operator to establish a telephone conference. No minimum time applies per conference call and conference calls can be set up in advance or on demand. New parties may be connected by the operator after the conference call has been established, and conferences can be comprised of up to 47 parties at global locations. More parties can be included by special arrangement.
Conference Calling Charges
Per Conferenced Party $2.00
Business Hours* per Minute Charge $0.35 per party
Non-Business Hours per Minute Charge $0.20 per party
* Business Hours are 8:00 a.m. to 4:59 p.m., C.S.T. - Monday through Friday
vi. Variable Credit Limits
Variable Credit Limits allows Customer to set pre-determined spending levels for pre-determined time limits of Customer's choice. Customer may not exceed this pre-determined spending level.
Variable Credit Limits Charges
Variable Credit Limits $0.00
vii. Message Store and Forward
Message Store and Forward allows Customer to prerecord messages for delivery up to 96 hours later to any telephone in the contiguous U.S. Messages are limited to 3 minutes in length. Company will attempt eight deliveries of the message at 15 minute intervals.
Message Store and Forward Charges
Per Delivered Message $1.30
viii. Audiotext
Audiotext allows Customer to access pre-recorded information on a variety of subjects.
Audiotext Pricing
Charge Per Minute $0.40
ix. Voice Mail
Voice Mail is an electronic mailbox which allows Customer to retrieve messages left by others.
Voice Mail Charges
Monthly Recurring Charge per Mailbox $0.00
Charge per Minute $0.25
x. Volume and Term Discounts
In addition to per minute and set up charges for CustomCard Service, the following enhanced features contribute and are eligible for volume and/or term discounts: # Reorigination, International Termination, International Origination, Conference Calling, Message Store and Forward, Audiotext, and Voice Mail.
.04 CustomOne Switched Data Service (SDS)
A. Switched 56/64 Kbps Service
CustomOne Switched 56/64 Kbps Service is a dial-up service for transmitting data at speeds of 56 Kbps and 64 Kbps. CustomOne Switched 56/64 Kbps Service calls can originate on dedicated or switched access facilities. The access types available for use with CustomOne Switched 56/64 Kbps Service include DS-1, FT-1, Company Integrated Services Digital Network Primary Rate Interface (Company PRI), Local Exchange Carrier Switched Digital Access (SDA), Local Exchange Carrier Integrated Services Digital Network Basic Rate Interface (BRI) and Local Exchange Carrier Integrated Services Digital Network Primary Rate Interface (LEC PRI).
Switched 56/64 Kbps Service calls which originate via switched access facilities must utilize SDA, BRI or LEC PRI access. Customer must order such Local Access directly from the Local Exchange Carrier. Switched Digital Access to CustomOne Switched 56/64 Kbps Service is available to locations listed below in Section IV.12..04.A.1.
SDS calls which originate via dedicated facilities must utilize DS 1, FT-1, or Company PRI access. Customer may choose to obtain Local Access directly from the Local Exchange Carrier, or Customer may designate Company to act as its agent in providing Local Access for Customer as stated in Section II.2.11. Dedicated access to CustomOne Switched 56/64 Kbps Service is available at the locations listed in Section IV.16 of Company Tariff FCC No. 4.
CustomOne Switched 56/64 Kbps Service terminates to Customer Premise Equipment ("CPE"). The CPE must have the capability of dialing SDS calls, answering SDS calls, and allowing Customer to connect the applications into the SDS Service.
1. Switched Digital Service Availability to CustomOne Switched 56/64 Kbps Service
The following is a listing of Local Exchange Carrier central offices at which Company will interconnect in order to provide CustomOne Switched 56/64 Kbps Service with Switched Digital Service. Company will interconnect with Customers served out of these Local Exchange Carrier offices; however, this listing of served offices is not an inclusive listing of end city availability, and availability may be limited within each end city.
Atlanta, GA Springfield, MO
Chicago, IL Denver, CO
Fort Worth, TX Indianapolis, IN
Kansas City, MO Los Angeles, CA
Miami, FL Nashville, TN
New York, NY Oklahoma City, OK
Philadelphia, PA Pittsburgh, PA
San Antonio, TX Seattle, WA
Tulsa, OK Wichita, KS
Baltimore, MD Buffalo, NY
Dallas, TX Detroit, MI
Houston, TX Kansas City, KS
Las Vegas, NV Memphis, TN
Minneapolis, MN Newark, NJ
Oakland, CA Orlando, FL
Phoenix, AZ Portland, OR
San Francisco, CA St. Louis, MO
Washington, DC Austin, TX
Gardena, CA Hartford, CT
Northbrook, IL Sacramento, CA
San Diego, CA Long Beach, CA
Santa Clara, CA New Orleans, LA
Sherman Oaks, CA Winston-Salem, NC Fort Washington, PA Garden City, NY
Norwalk, CT Reno, NV
2. CustomOne Switched Data Service 56/64 Kbps Rates
Usage charges will be on a per call basis with 6 second initial and 6 second additional billing periods per call. Call origination and termination is limited to the 48 contiguous United States.
CustomOne Switched Data Service 56/64 Kbps Rates
Mileage Switched Dedicated
Band Day Non-Day Day Non-Day
0 - 100 $0.203 $0.163 $0.140 $0.112
100 + $0.216 $0.183 $0.156 $0.133
SDS LEC Billed Usage Charges will be as stated in Section IV.4.4.1.
3. CustomOne Switched Data Service Discounts
CustomOne Switched Data Service charges will contribute to and are eligible for Discounts listed in Section IV.12..06. Both voice and data CustomOne revenue will aggregate to determine a CustomOne Customer's discount level.
B. CustomOne Multirate ISDN Switched Data Service ("Multirate ISDN SDS")
CustomOne Multirate ISDN SDS is a dial-up service for transmitting data at a speed of N times 64 Kbp; where N equals 1 to 24, resulting in a total bandwidth from 64 Kbps to 1.536 Mbps in 64 Kbps increments.
CustomOne Multirate ISDN SDS calls can originate only on switched access facilities. The only access type available for use with CustomOne Multirate ISDN SDS is Local Exchange Carrier Primary Rate Interface (LEC PRI). Customer must order such Local Access directly from the Local Exchange Carrier. Switched Digital Access to CustomOne Multirate ISDN SDS is available to locations listed below in Section IV.12..04.B.1.
CustomOne Multirate ISDN SDS terminates to Customer Premise Equipment ("CPE"). The CPE must have the capability of interfacing with the Local Exchange Carrier PRI access line, dialing SDS calls, answering SDS calls, and allowing Customer to connect the applications into the SDS Service.
1. Switched Digital Service Availability to CustomOne Multirate ISDN SDS
The following is a listing of Local Exchange Carrier central offices at which Company interconnects in order to provide CustomOne Multirate ISDN SDS with Switched Digital Service. Company interconnects with Customers served out of these Local Exchange Carrier offices; however, this listing of served offices is not an inclusive listing of end city availability.
Dallas, Texas
Kansas City, Missouri
St. Louis, Missouri
Wichita, Kansas
Tulsa, Oklahoma
Oklahoma City, Oklahoma
Houston, Texas
2. CustomOne Multirate ISDN Rates
Usage charges will be on a per call basis with 6 second initial and 6 second additional billing periods per call. Call origination and termination is limited to the locations listed above in Section IV.12..04.B.1.
Rates for CustomOne Multirate ISDN SDS are calculated by multiplying the Switched Data Service 56/64 Kbps Rate in Section IV.12..04.A.2 times the number of 64 Kbps channels utilized during each call. For example a call using 384 Kbps would be priced at 6 times the 64 Kbps rate because 384 Kbps is the equivalent of 6 64 Kbps channels.
3. CustomOne Multirate ISDN SDS Discounts
CustomOne Multirate ISDN SDS charges will contribute to and are eligible for Discounts listed in Section IV.12..06. Both voice and data CustomOne revenue will aggregate to determine a CustomOne Customer's discount level.
.05 CustomOne Enhanced 800 Service
CustomOne Enhanced 800 consists of the following components: Dialed Number Identification Service, Message Referral, 800 Ensure Service Restoration, Real Time ANI ("RTA"), Call Area Selection, Call Zone Routing, Exchange Routing, Time of Day Routing, Day of Week Routing, Day of Year Routing, Call Allocation, Call Distributor, and Route Completion.
A. Dialed Number Identification Service ("DNIS")
i. DNIS enables the identification of each 800 number called for Customers who have multiple 800 numbers. Customers receiving the destination call can identify the 800 number called and answer the call appropriately. DNIS delivers up to 10 Customer specified digits per 800 number to the Customer's site. The Customer may designate up to 1500 DNIS per DS-1 level connection.
ii. DNIS Pricing
Installation Charge
(Nonrecurring) $400 per Service Group
Charge for Change $40
B. Message Referral
i. Message referral provides a message to inform callers the 800 number has been disconnected and/or has been changed. Callers are referred to the new 800 number when service is terminated on an existing 800 number. Message referral delivers the pre-recorded message to all incoming 800 calls for a maximum duration of six months.
ii. Message Referral Pricing
Referral to a new Company 800 number N/C
Referral to a non-Company 800 number $80 per month for a maximum of six months
C. 800 Ensure Service Restoration
i. 800 Ensure Service Restoration is available only on calls carried on Company's Network. 800 Ensure Service Restoration guarantees 800 Service restoration within 30 minutes after a Service disruption. The Customer's downtime in the case of a Service disruption is minimized by routing calls to alternate destinations.
If a CustomOne 800 number is unable to receive calls due to Service disruption, the Customer must notify Company's Network Control Center. Company will then respond within 30 minutes, by providing routing to a pre-selected alternate route for the 800 number experiencing failure. This guarantee is not applicable unless Customer has pre-selected alternate routing.
Company's liability with respect to this guarantee is limited to rerouting Company Enhanced 800 Service exclusively, and does not include 800 services offered by other carriers in a multi-carrier configuration.
ii. 800 Ensure Service Restoration Guarantee
If Company cannot restore 800 Service within 30 minutes of Customer's notification to Company's Network Control Center, Company will, in addition to providing the routing to a pre-selected alternate route for the 800 number experiencing failure, credit Customer for portions of Enhanced 800 recurring charges which will be calculated and applied to the next invoice following Customer's request for credit.
A credit of one full day (24 hours) of Enhanced 800 recurring charges will be given for each reported outage of 24 hours or less.
iii. 800 Ensure Service Restoration Pricing
Installation Charge
(Nonrecurring) $10 per routing group
Charge for Change $40.00 per occurrence
Activation Charge $40.00 per occurrence
D. Real Time ANI ("RTA")
i. RTA transmits the calling party number to the Customer's equipment when the call is answered. This feature requires either Feature Group D, IMT, PRI-ISDN or T-1 connection. Company will not provide RTA if the calling phone subscriber has requested RTA blocking.
ii. Pursuant to FCC regulations, the Customer may use the ANI or billing information for billing and collection, routing, screening and completion of the originating telephone subscriber's call or transaction, or for services directly related to the originating telephone subscriber's call or transaction.
Further, the Customer may not reuse or resell the ANI or billing information without first (a) notifying the originating telephone subscriber and (b) obtaining the affirmative consent of such subscriber for such reuse or sale.
Finally, the Customer may not disclose, except as permitted in this Section IV.12..05.D.ii., any information derived from the ANI for purposes other than (a) performing the services or transactions that are the subject of the originating telephone subscriber's call, (b) ensuring network performance security and the effectiveness of call delivery, (c) compiling, using and disclosing aggregate information, and (d) complying with applicable law or legal process.
iii. RTA Pricing
Installation Charge (Nonrecurring) $300 per Service Group
Charge for Change N/C
Charge per ANI delivered $0.01
E. Call Area Selection
i. Call Area Selection blocks calls from any country, state or specified NPA. This Service allows Customers to limit calls received to appropriate target markets. The Customer can define calls by either country, state, LATA, NPA, or NPA/NXX.
The Charge for Change is incurred when Customer changes an area to be blocked, or when Customer has the option removed for the 800 number, or when Service is cancelled for the 800 number.
ii. Call Area Selection Pricing
Installation Charge
(Nonrecurring) $90.00 per 800 number
Charge for Change $40.00 per occurrence
Monthly fee $0.00
F. Call Zone Routing
i. Call Zone Routing allows Customer to define two or more originating routing groups and to arrange that calls to a single 800 number placed from different routing groups terminate at different locations. A routing group can consist of any combination of NPAs, states or countries. The combination of all domestic routing groups should include the entire continental United States and any areas selected by extended call coverage and should exclude any areas blocked by Call Area Selection. The monthly charge applies to each originating routing group defined for each 800 number.
ii. Call Zone Routing Pricing
Installation Charge
(Nonrecurring) $90.00 per Zone routing group
Charge for Change $40.00 per occurrence
Monthly fee $40.00 per Zone routing group
G. Exchange Routing
i. Exchange Routing allows Customer to define two or more originating routing groups and to arrange that calls to a single 800 number placed from different routing groups terminate at different locations. A routing group can consist of any combination of NPA/NXXs. The combination of all domestic routing groups should include the entire continental United States and any areas selected by extended call coverage and should exclude any areas blocked by Call Area Selection. The monthly charge applies to each originating routing group defined for each 800 number.
ii. Exchange Routing Pricing
Installation Charge
(Nonrecurring) $400.00 per NPA/NXX routing group
Charge for Change $400.00 per occurrence
Monthly fee $40 per NPA/NXX routing group
H. Time of Day Routing
i. Time of Day Routing allows Customer to arrange for calls to a single 800 number to be routed to different locations based on the time of day. Customer can establish a different routing arrangement for up to forty-eight (48) time slots in a 24 hour day period. The time slots must be defined in 5 minute increments or multiples. The monthly charge applies to each time slot per day type per originating routing group for each 800 number.
ii. Time of Day Routing Pricing
Installation Charge
(Nonrecurring) $90.00 per 800 number
Charge for Change $40.00 per occurrence
Monthly fee $40.00 per time slot per day type
I. Day of Week Routing
i. Day of Week Routing allows Customer to arrange for calls to a single 800 number to be routed to different locations based on the day of week. Customer can establish a different routing arrangement for each day of the week with a maximum of seven day types. The monthly charge applies to each day type per originating routing for each 800 number.
ii. Day of Week Routing Pricing
Installation Charge
(Nonrecurring) $90.00 per 800 number
Charge for Change $40.00 per occurrence
Monthly fee $40.00 per day type per 800 number
J. Day of Year Routing
i. Day of Year Routing routes calls by day of the week. This Service allows Customers to route calls from a single 800 number between multiple service centers based on the day of the year the call is made. Customer can establish a different routing arrangement for a maximum of fifteen (15) single days.
ii. Day of Year Routing Pricing
Installation Charge
(Nonrecurring) $90.00 per 800 number
Charge for Change $40.00 per occurrence
Monthly fee $0.00
K. Call Allocation
i. Call Allocation allows Customer to route calls for each originating routing group to two or more terminating locations based upon Customer specified percentage basis. Customer must establish a calling pattern where each percentage is a whole number and the total equals 100. The monthly charge applies to each allocation per time slot, per day type, per originating routing group for each 800 number.
ii. Call Allocation Pricing
Installation Charge
(Nonrecurring) $90.00 per 800 number
Charge for Change $40.00 per occurrence
Monthly fee $40.00 per time slot per day type
L. Call Distributor
i. Call Distributor distributes calls evenly over all lines utilizing DS-1 level trunk group connections. This Service allows Customers to balance the incoming load of 800 traffic effectively between their on-site operators. This Service requires that Customers have DS-1 level dedicated access lines.
ii. Call Distributor Pricing
Installation Charge
(Nonrecurring) $40.00
M. Route Completion
i. Route Completion allows an 800 dedicated access line Customer to control potential congestion of calls by sending the overflow to a pre-defined alternate routing group of dedicated access, WATs access lines, or switched access lines. Up to 99 alternate routing plans can be established.
Route Completion will route traffic from dedicated access lines to dedicated access lines or dedicated access lines to switched access lines. Once traffic is routed to a switched access line, the call is terminated regardless of busy signal.
ii. Route Completion Pricing
Installation Charge
(Nonrecurring) $90.00 per routing group
Charge for Change $40.00 per routing group, per occurrence
Monthly fee $40.00 per routing group
N. Maximum Monthly Charge
Customers receiving one or more of the following Enhanced 800 components will incur a maximum of $400 in monthly recurring charges per 800 number: Call Zone Routing, Time of Day Routing, Day of Week Routing, and Call Allocation.
O. Volume Term Discounts
Only Real Time ANI delivery charges contribute and are eligible for volume and/or term discounts.
.06 CustomOne Discounts
A. Volume Discounts - Volume Discounts, as set forth below, are available to those CustomOne Customers whose total monthly combined Measured Service equals or exceeds $500.00 per invoice. The discounts shown below are inclusive (apply to the first $1 of usage) and all Inbound, Outbound, Travel Service Calls, Real Time ANI, Travel Service set-up charges and Switched Data Service are eligible for discounts.
Total Monthly Usage Volume Discount
$500 - $999.99 5%
$1,000 - $9,999.99 10
$10,000 + 15
B. Pricing Plans
1. CustomOne Pricing Plan - As set forth below, and in lieu of Volume Discounts described in Section IV.12..06.A. discounts are available to CustomOne Customers based on the Annual Commitment Level and Service Commitment Period. The Annual Commitment applies to each consecutive 12 month period within the Service Commitment Period beginning with the first full bill cycle following the earliest Start of Service Date and each subsequent anniversary. The discounts shown below are inclusive (apply to the first $1 of usage) and all Inbound, Outbound, Travel Service Calls, Real Time ANI Travel Service set-up charges and Switched Data Service before promotional and other discounts, contribute and are eligible for discounts.
Annual Service Commitment Period
Commitment 1 Year 2 Year 3 Year
$6,000 12.0% 14.0% 15.0%
$12,000 15.0 17.0 19.0
$24,000 16.5 19.5 21.5
$36,000 17.5 20.5 22.5
$60,000 18.5 21.0 23.0
$84,000 19.0 21.5 24.0
$120,000 19.5 22.0 24.5
$180,000 20.0 23.0 26.0
$240,000 22.5 25.5 27.5
$360,000 23.5 26.5 28.5
$480,000 24.5 27.5 29.5
2. CustomOne Cross Product Pricing Plan - As set forth below, and in lieu of Volume Discounts and Pricing Plans described in Sections IV.12..06.A. and B.1., discounts are available to CustomOne Customers based upon Customer's aggregate billing amount of CustomOne and Private Line Service, as described in Company Tariff FCC No. 4. This CustomOne Cross Product Pricing Plan is available for service received after November 1, 1994, for new CustomOne Customers and existing CustomOne Customers who increase their Annual Revenue Commitments.
To qualify for the Cross Product Pricing Plan, Customer must commit to (i) a minimum of $6,000 annual charges which may be any combination of CustomOne and WilNet Private Line Services and related private line services, and (ii) a minimum of a CustomOne one year Service Commitment Period. Only domestic services apply. Company reserves the right to aggregate the Customer account for Private Line Service and the Customer and its affiliates accounts for Switched Service. To receive the Cross Product Pricing Plan, Customer must commit in writing to an Annual Revenue Commitment ("ARC"). The ARC is calculated by adding the Customer's anticipated annual discounted (net) private line recurring Interexchange charges multiplied by 1.25 to the Customer's anticipated CustomOne annual nondiscounted (gross) charges. The discount table in Section IV.12..06.B.1. is used to determine the discount using Customer's ARC and the Service Commitment Period.
The discount will be applied to Customer's monthly CustomOne invoice. Customer's actual billing will be reviewed annually to determine if Customer has met or exceeded the ARC. If upon annual review the sum of Customer's actual gross CustomOne usage plus net Interexchange charges is less than the ARC, Company will add an adjustment for the difference, the Under Utilization Fee as described in Section IV.12..06.E., to Customer's next invoice.
Customer may increase the ARC, and must meet the new ARC by the endof the original Service Commitment Period. No decrease in the ARC will be allowed during the CustomOne Service Commitment Period.
C. Early Termination Charges
i. Cancellation Without Liability - A Customer may cancel a CustomOne Pricing Plan prior to its expiration without liability if the Customer subscribes to a new CustomOne Pricing Plan of equal or greater Annual Commitment and Service Commitment Period.
ii. Cancellation with Liability - Discontinuance of all Services furnished under the CustomOne Pricing Plan prior to its expiration is considered a cancellation of the Pricing Plan, and the Customer will be billed and required to pay an Early Termination Fee equal to the Under Utilization Fee as described in Section IV.12..06.E. for the year of termination plus 35% of the Annual Commitment for each additional year of the Pricing Plan that remains unfulfilled.
D. Service Commitment Period and Renewal Options - A Customer committing to a Pricing Plan may choose between 1,2, or 3 years. The Service Commitment Period will commence with the first full bill cycle following the earliest Start of ServiceDate for any Service, whether Inbound, Outbound, Travel Service, Switched Data Service or Enhanced 800 Service and will automatically renew for an equivalent Service Commitment Period and Annual Commitment upon expiration of the Pricing Plan unless the Customer provides written notification to cancel the Pricing Plan, which must be received by Company, not less than 30 days prior to the expiration of the Service Commitment Period. A Customer may renew or extend a Pricing Plan prior to expiration of the current Pricing Plan in accordance with the provisions in Section IV.12..06 C.i.
E. Under Utilization Fee - At the end of any twelve month period of the Service Commitment Period, if a Customer has not met the Annual Commitment of the subscribed Pricing Plan the Customer must pay the difference between the Customer's actual usage and the Annual Commitment net of any Pricing Plan Discount for the Customer's subscribed Service.
.07 CustomOne International Service
Base rates for Outbound Service from the U.S. Mainland, Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands to international locations are found in Tariff FCC No. 2, Section III, CustomOne Service Offering.
.08 CustomOne Non-Recurring Charges
The following charges apply to Customers utilizing switched access only.
Per Switched
Access Order
Expedite $105
Cancellation of Order 0
Service Conversion 50
Physical Change 50
Administrative Change 20
Change of Service
During Business Hours 20
After Business Hours 70
13. WilPlus IV
.01 WilPlus IV, Option 1
WilPlus IV, Option 1 is a product offering comprised of One Plus, Outbound, Directory Assistance and Operator Service Components. Call Duration for all WilPlus IV, Option 1 Calls (usage) are expressed in one minute increments, with a billing minimum of one minute per Call. The Call Duration for all WilPlus IV, Option 1 Calls is rounded to the next highest minute. For instance, a Call lasting 3 minutes and 40 seconds is billed as a 4 minute Call. The applicable Base Rates for WilPlus IV, Option 1 Service will be determined by Time of Day and Company Recognized Holidays. A Monthly Account Fee of $5.00 applies to all WilPlus IV, Option 1 accounts; the Monthly Account Fee is waived until further notice. No volume or term discounts apply to any Components of WilPlus IV, Option 1 Service. No Optional Features as listed in Section IV.5 are available with WilPlus IV, Option 1 Service.
A. WilPlus IV, Option 1 - Outbound Service
The Outbound Service Component of WilPlus IV, Option 1 is a distance and time of day sensitive direct dial long distance Service for calls from the U.S. Mainland to the U.S. Mainland, Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands. WilPlus IV, Option 1 Service cannot be originated in LATA 921 (Fisher's Island, NY), LATA 980 (Navajo, UT), and LATA 981 (Navajo, AZ)
Base Rates per minute for the Outbound Service Component of WilPlus IV, Option 1 are set forth below and correspond to the time of day/day of week.
Day Evening Night/Weekend
Outbound
Service $0.2436 $0.1483 $0.1271
B. WilPlus IV, Option 1 - International Service
Base Rates for WilPlus IV, Option 1 Service to international locations are found in Tariff FCC No. 2, Section III, WilPlus IV, Option 1 Service Offering.
.02 WilPlus IV, Option 2
WilPlus IV, Option 2 is a product offering comprised of One Plus, Outbound, Directory Assistance, and Operator Service Components. Call Duration for all WilPlus IV, Option 2 Calls (usage) are expressed in 6 second increments, with a billing minimum of 6 seconds per Call. The Call Duration for all WilPlus IV, Option 2 Calls is rounded to the next highest 6 second increment. The applicable Base Rates for WilPlus IV, Option 2 Service will be determined by Time of Day and Company Recognized Holidays. A Monthly Account Fee of $5.00 applies to all WilPlus IV, Option 2 accounts; the Monthly Account Fee is waived until further notice. No volume or term discounts apply to any Components of WilPlus IV, Option 2 Service. No Optional Features as listed in Section IV.5 are available with WilPlus IV, Option 2 Service.
A. WilPlus IV, Option 2 - Outbound Service
The Outbound Service Component of WilPlus IV, Option 2 is a distance and time of day sensitive direct dial long distance Service for calls originating within the 48 contiguous United States, Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands. WilPlus IV, Option 2 Service cannot be originated in LATA 921 (Fisher's Island, NY), LATA 980 (Navajo, UT) and LATA 981 (Navajo, AZ)
Base Rates per minute for the Outbound Service Component of WilPlus IV, Option 2 are set forth below and correspond to the time of day/day of week.
Day Evening Night/Weekend
Outbound
Service $0.2118 $0.1694 $0.1483
B. WilPlus IV, Option 2 - International Service
Base Rates for WilPlus IV, Option 2 Service to international locations are found in Tariff FCC No. 2, Section III, WilPlus IV, Option 2 Service Offering.
.03 WilPlus IV, Option 3
WilPlus IV, Option 3 is a product offering comprised of One Plus, Outbound, Directory Assistance, and Operator Service Components. Call Duration for all WilPlus IV, Option 3 Calls (usage) are expressed in one minute increments, with a billing minimum of one minute per Call. The Call Duration for all WilPlus IV, Option 3 Calls is rounded to the next highest one minute increment. The applicable Base Rates for WilPlus IV, Option 3 Service will be determined by Time of Day and Company Recognized Holidays. A Monthly Account Fee of $5.00 applies to all WilPlus IV, Option 3 accounts; the Monthly Account Fee is waived until further notice. No volume or term discounts apply to any Components of WilPlus IV, Option 3 Service. No Optional Features as listed in Section IV. 5 are available with WilPlus IV, Option 3 Service.
A. WilPlus IV, Option 3 - Outbound Service
The Outbound Service Component of WilPlus IV, Option 3 is a distance and time of day sensitive direct dial long distance Service for calls originating within the 48 contiguous United States, Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands. WilPlus IV, Option 3 Service cannot be originated in LATA 921 (Fisher's Island, NY), LATA 980 (Navajo, UT) and LATA 981 (Navajo, AZ)
Base Rates per minute for the Outbound Service Component of WilPlus IV, Option 3 are set forth below and correspond to the time of day/day of week.
Day Evening Night/Weekend
Outbound
Service $0.2436 $0.1694 $0.1694
B. WilPlus IV, Option 3 - International Service
Base Rates for WilPlus IV, Option 3 Service to international locations are found in Tariff FCC No. 2, Section III, WilPlus IV Option 3 Service Offering.
15. Long Distance Cellular Services
Long Distance Cellular Service is a product offering for One Plus and Directory Assistance InterLATA Cellular Service. Call duration for all Long Distance Cellular Service calls (usage) are expressed in one (1) minute increments, with a billing minimum of one (1) minute per call. All calls under this service are rounded to the next highest minute. The applicable rates for this service will be determined by Time of Day and there are no volume or term discounts associated with this service.
.01 InterLATA Per Minute Rates for Calls from the U.S. Mainland to the U.S. Mainland, Alaska and Hawaii
DAY EVENING NIGHT/WEEKEND
EACH EACH EACH
RATE INITIAL ADD'L INITIAL ADD'L INITIAL ADD'L
MILEAGE PERIOD PERIOD PERIOD PERIOD PERIOD PERIOD
1 - 10 0.2400 0.2400 0.1400 0.1400 0.1200 0.1200
11 - 22 0.2400 0.2400 0.1400 0.1400 0.1300 0.1300
23 - 55 0.2500 0.2500 0.1600 0.1600 0.1300 0.1300
56 - 124 0.2600 0.2600 0.1600 0.1600 0.1400 0.1400
125 - 292 0.2700 0.2700 0.1600 0.1600 0.1400 0.1400
293 - 430 0.2700 0.2700 0.1700 0.1700 0.1400 0.1400
431 - 925 0.2700 0.2700 0.1700 0.1700 0.1400 0.1400
926 - 1910 0.2700 0.2700 0.1700 0.1700 0.1400 0.1400
1911 - 3000 0.2800 0.2800 0.1700 0.1700 0.1500 0.1500
3001 - 4250 0.3100 0.3100 0.2200 0.2200 0.1700 0.1700
4251 - 5750 0.3400 0.3400 0.2300 0.2300 0.1700 0.1700
Rate Periods:
Day Mon-Fri, 8AM-5PM
Evening Mon-Fri, 5PM-11PM
Sun, 5PM-11PM
Night/Weekend Mon-Fri, 12MID-8AM
11PM-12MID
Sat, All Day
Sun, 12MID-5PM
11PM-12MID
Holiday Rate Period - For all company observed holidays the Evening Rate Period rates are used, unless a lower rate would normally apply.
.02 InterLATA Per Minute Rates for Calls from the U.S. Mainland to Canada
DAY EVENING NIGHT/WEEKEND
EACH EACH EACH
RATE INITIAL ADD'L INITIAL ADD'L INITIAL ADD'L
MILEAGE PERIOD PERIOD PERIOD PERIOD PERIOD PERIOD
1 - 18 0.3200 0.3200 0.2800 0.2800 0.2600 0.2600
19 - 80 0.3800 0.3800 0.2900 0.2900 0.2600 0.2600
81 - 140 0.4500 0.4500 0.3400 0.3400 0.2700 0.2700
141 - 220 0.4700 0.4700 0.3600 0.3600 0.2800 0.2800
221 - 345 0.5200 0.5200 0.3900 0.3900 0.2800 0.2800
346 - 630 0.6000 0.6000 0.4500 0.4500 0.3200 0.3200
631 - 1200 0.6900 0.6900 0.4900 0.4900 0.3500 0.3500
1201 - 1610 0.7300 0.7300 0.5200 0.5200 0.3700 0.3700
1611 - 4000 0.7700 0.7700 0.5600 0.5600 0.3900 0.3900
Rate Periods:
Day Mon-Fri, 8AM-6PM
Evening Mon-Fri, 6PM-12MID
Sat-Sun, 8AM-12MID
Night/Weekend Mon-Sun, 12MID-8AM
.03 InterLATA Per Minute Rates for Calls from the U.S. Mainland to Puerto Rico and U.S. Virgin Islands and Hawaii to Puerto Rico and the U.S. Virgin Islands
DAY EVENING NIGHT/WEEKEND
MILEAGE EACH EACH EACH
RATE INITIAL ADD'L INITIAL ADD'L INITIAL ADD'L
BAND PERIOD PERIOD PERIOD PERIOD PERIOD PERIOD
BAND 1 0.2700 0.2700 0.1700 0.1700 0.1400 0.1400
BAND 2 0.2800 0.2800 0.1700 0.1700 0.1500 0.1500
BAND 3 0.3100 0.3100 0.2200 0.2200 0.1700 0.1700
BAND 4 0.5700 0.5000 0.3800 0.3300 0.2900 0.2600
Rate Periods:
Day Mon-Fri, 8AM-5PM
Evening Mon-Fri, 5PM-11PM
Sun, 5PM-11PM
Night/Weekend Mon-Fri, 12MID-8AM
11PM-12MID
Sat, All Day
Sun, 12MID-5PM
11PM-12MID
Holiday Rate Period - For all company observed holidays the Evening Rate Period rates are used, unless a lower rate would normally apply.
Mileage Rate Bands:
Band 1 Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia and West Virginia.
Band 2 Arizona, Arkansas, Colorado, Illinois, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, Utah, Wisconsin and Wyoming.
Band 3 California, Idaho, Montana, Nevada, ORegon and Washington.
Band 4 Hawaii.
.04 InterLATA Directory Assistance Rates
Rate Per Call: $0.85
16. WorldOne Service
.01 Description of Service
WorldOne Service offers a unified service for single or multi-location customers using switched, dedicated, and OnLine calling card origination and switched or dedicated 800 (in WATS) termination. The WorldOne package includes the availability of outbound, inbound (800) with peak and off peak rates and calling card services, and offers a discount on outbound and 800 service for customers willing to sign a term commitment and/or willing to commit to a specific dollar volume of monthly minimum usage.
There are seven (7) options of WorldOne available to customers, each of which has a unique set of rates for outbound and 800 service: Option A - Requires no monthly minimum billing commitment for month-to-month customers; $250 monthly minimum billing commitment for ESP customers; Option B - Requires a monthly minimum billing commitment of $1,000; Option C - Requires a monthly minimum billing commitment of $5,000; Option D - Requires a monthly minimum billing commitment of $7,500; Option E - Requires a monthly minimum billing commitment of $15,000; ption F - Requires a monthly minimum billing commitment of $25,000; Option G - Requires a monthly minimum billing commitment of $50,000.
If the minimum is not reached for Option A ESP and Options B through G, the customer will be charged for the difference.
Multiple services and/or multiple locations using WorldOne Service can contribute to the overall monthly minimum commitment; however, the customer must allocate the minimum by service and location. Domestic 800, Domestic and International outbound calls contribute to determining monthly minimum usage. OnLine World Calling Card, Operator Services and Directory Assistance usage is not included in determining monthly minimum usage.
Customers must reach the minimum monthly usage requirement associated with their selected option by the fourth (4th) invoice period and monthly thereafter.
.02 WorldOne Extended Service Plan ("ESP")
WorldOne is available to customers through a ESP option if the customer agrees to commit to such service for a term of twelve (12), twenty-four (24) or thirty-six (36) months. Customers who elect the ESP will receive a discount off their selected option's domestic interstate, and intrastate outbound and 800 rates. This discount will apply only to WorldOne's peak rates. Off-peak rates are discounted up to 20% off the applicable net peak rate. Customers who elect the ESP are subject to the following conditions:
(A) Customers must indicate what WorldOne service or services are to be included in the ESP. The discounts provided under this option become effective with the first full month's usage.
(B) Upon execution of this agreement, the customer has ninety (90) days from the date service is made available in which to notify the Company in writing, either by certified or registered mail (return receipt requested), of the customer's desire to cancel this agreement without further obligation.
(C) Customers who terminate service prior to the end of the term of commitment in any manner other than stated in (D) following, will be liable for a cancellation penalty equal to the monthly minimum billing commitment times the number of months remaining in the customer commitment period through the expiration of the first year. If applicable, twenty-five percent of the balance remaining (monthly minimum billing commitment times the number of remaining months in the contract beyond the first year) will also be included (per service type). If the termination becomes effective after the completion of the first year, then the charge shall be equal to twenty-five percent of the balance remaining (monthly minimum billing commitment time the number of months remaining in the contract). The foregoing cancellation penalty will apply unless the Customer immediately converts to another Company service with equal or greater term and minimum usage requirement commitments, and Customer continues to use such Company Service for a period of months equal to or greater than the number of months remaining in the term during which the conversion takes place.
(D) All customer requests to commence or terminate a WorldOne ESP must be made in writing, either by certified or registered mail (return receipt requested), to the Company and received no later than thirty (30) days prior to the then existing term expiration date. If such notification is not received by the Company within this timeframe, the WorldOne ESP agreement will be automatically renewed for a new term of commitment.
(E) A customer who cancels their agreement prior to the expiration of the term will be required to repay any promotional credits that were given in addition to other termination charges as noted above.
(F) OnLine World Calling Card usage is excluded from the WorldOne ESP discounts.
.03 WorldOne Association
The WorldOne Association program is a benefit package offered in conjunction with Basic WorldOne Service, which allows the individual users who are members or employees of the participating organization to receive additional product discounts. Members who elect to participate in the WorldOne Association program will receive Basic WorldOne products and OnLine World Calling Card Service.
To qualify for WorldOne Association an organization generally must be a: (1) Trade association representing businesses or individuals in an industry, profession or business classification; (2) Business with franchises, agents, distributors, or multiple representatives; (3) Non profit organization, or; (4) Buying group not organized merely to buy the Company's long distance for resale. The qualifying organization agrees to meet the following set of criteria within (6) months of undertaking to qualify and thereafter maintain them, and enters into a written agreement with the Company for the marketing of the Company's services. The group's members who have subscribed to the Company's services throughout the group must have aggregate billings, net of taxes; promotional credits and surcharges of at least $5,000 per month.
The Company will render monthly statements to the individual members and the statement received will show all appropriate discounts. All sums due from members are the sole property of the Company, and the Company shall have the sole right to collect, enforce collection and settle such sums. The WorldOne Association member group shall receive a monthly report from the Company listing members of the group who subscribe to the company service under this program.
Unless otherwise specified in this tariff, member's usage of Company service under this plan cannot be used to qualify for any other benefits under this tariff or under other arrangements between Company and third parties who undertake to market the Company's services.
.04 Rate Periods
Peak
All calls that occur between 7 A.M. through 7 P.M. Monday through Friday, except on Company-recognized holidays.
Off Peak
All calls that occur between 7:01 P.M. through 6:59 A.M. Monday through Thursday, and all calls between 7:01 P.M. Friday and 6:59 A.M. Monday and Company-recognized holidays.
.05 Billing Increments
WorldOne Switched Access Service is billed in eighteen (18) second initial increments and is rounded to the next higher six (6) second increment, WorldOne Dedicated Access Service is billed in six (6) second initial increments and is rounded to the next higher six (6) second increment (except International, which is billed in thirty (30) second initial increments and is rounded to the next higher six (6) second increment). OnLine World Calling Card is billed at an initial sixty (60) second increment and rounded to the next higher six (6) second increment thereafter. All fractional per call charges will be rounded to the nearest whole cent.
.06 WorldOne Per Minute Rate Schedules
OPTION A
(NO MIN. ON M TO M
/$250 MIN. ESP)
MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP 36 MONTH ESP
PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED
OUTBOUND $0.1612 $0.1334 $0.1560 $0.1292 $0.1508 $0.1249 $0.1456 $0.1205
SWITCHED
800 $0.1768 $0.1425 $0.1612 $0.1300 $0.1560 $0.1258 $0.1508 $0.1217
DEDICATED
OUTBOUND $0.1144 $0.0947 $0.1092 $0.0904 $0.1040 $0.0861 $0.0988 $0.0818
DEDICATED
800 $0.1300 $0.1050 $0.1144 $0.0926 $0.1092 $0.0884 $0.1040 $0.0842
OPTION B
($1,000 MON. USAGE MONTH ESP COMMITMENT)
MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP 36 MONTH ESP
PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED
OUTBOUND $0.1560 $0.1292 $0.1508 $0.1249 $0.1456 $0.1205 $0.1404 $0.1163
SWITCHED
800 $0.1716 $0.1383 $0.1560 $0.1258 $0.1508 $0.1217 $0.1456 $0.1175
DEDICATED
OUTBOUND $0.1092 $0.0904 $0.1040 $0.0861 $0.0988 $0.0818 $0.0936 $0.0775
DEDICATED
800 $0.1248 $0.1009 $0.1092 $0.0884 $0.1040 $0.0842 $0.0988 $0.0801
OPTION C
($5,000 MON. USAGE MONTH ESP COMMITMENT)
MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP 36 MONTH ESP
PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED
OUTBOUND $0.1508 $0.1249 $0.1456 $0.1205 $0.1404 $0.1163 $0.1352 $0.1119
SWITCHED
800 $0.1664 $0.1342 $0.1508 $0.1217 $0.1456 $0.1175 $0.1404 $0.1134
DEDICATED
OUTBOUND $0.1040 $0.0861 $0.0988 $0.0818 $0.0936 $0.0775 $0.0884 $0.0754
DEDICATED
800 $0.1196 $0.0967 $0.1040 $0.0842 $0.0988 $0.0801 $0.0936 $0.0780
OPTION D
($7,500 MON. USAGE MONTH ESP COMMITMENT)
MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP 36 MONTH ESP
PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED
OUTBOUND $0.1482 $0.1227 $0.1430 $0.1185 $0.1378 $0.1141 $0.1326 $0.1098
SWITCHED
800 $0.1638 $0.1321 $0.1482 $0.1196 $0.1430 $0.1154 $0.1378 $0.1113
DEDICATED
OUTBOUND $0.1014 $0.0839 $0.0962 $0.0797 $0.0910 $0.0754 $0.0858 $0.0754
DEDICATED
800 $0.1170 $0.0946 $0.1014 $0.0822 $0.0962 $0.0780 $0.0910 $0.0780
OPTION E
($15,000 MON. USAGE MONTH ESP COMMITMENT)
MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP 36 MONTH ESP
PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED
OUTBOUND $0.1456 $0.1227 $0.1404 $0.1185 $0.1352 $0.1141 $0.1274 $0.1098
SWITCHED
800 $0.1612 $0.1321 $0.1456 $0.1196 $0.1404 $0.1154 $0.1326 $0.1113
DEDICATED
OUTBOUND $0.0988 $0.0839 $0.0936 $0.0797 $0.0884 $0.0754 $0.0806 $0.0754
DEDICATED
800 $0.1144 $0.0946 $0.0988 $0.0822 $0.0936 $0.0780 $0.0858 $0.0780
OPTION F
($25,000 MON. USAGE MONTH ESP COMMITMENT)
MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP 36 MONTH ESP
PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED
OUTBOUND $0.1430 $0.1227 $0.1378 $0.1185 $0.1326 $0.1141 $0.1274 $0.1098
SWITCHED
800 $0.1586 $0.1321 $0.1430 $0.1196 $0.1378 $0.1154 $0.1326 $0.1113
DEDICATED
OUTBOUND $0.0962 $0.0839 $0.0910 $0.0797 $0.0858 $0.0754 $0.0806 $0.0754
DEDICATED
800 $0.1118 $0.0946 $0.0962 $0.0822 $0.0910 $0.0780 $0.0858 $0.0780
OPTION G
($50,000 MON. USAGE MONTH ESP COMMITMENT)
MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP 36 MONTH ESP
PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED
OUTBOUND $0.1404 $0.1227 $0.1352 $0.1185 $0.1300 $0.1141 $0.1248 $0.1098
SWITCHED
800 $0.1560 $0.1321 $0.1404 $0.1196 $0.1352 $0.1154 $0.1300 $0.1113
DEDICATED
OUTBOUND $0.0936 $0.0839 $0.0884 $0.0797 $0.0832 $0.0754 $0.0780 $0.0754
DEDICATED
800 $0.1092 $0.0946 $0.0936 $0.0822 $0.0884 $0.0780 $0.0832 $0.0780
.07 Canada Origination - Rate Schedule
For 800 calls originating in Canada and terminating in the U.S. applying to all time periods:
Per Minute Rate: $.4000
ESP Per Minute Rate: $.3700
Calls are billed in thirty (30) second initial increments and are rounded to the next higher six (6) second increment.
.08 OnLine World Calling Card Service
A. Direct Dial Rate Schedule
(1) Per Minute Rates applying to all time periods:
Per Minute Rate: $.2500
(2) Billing Increments:
Usage is billed at an initial sixty (60) second increment and rounded to the next higher six (6) second increment thereafter.
(3) Per Call Surcharge:
(a) Per Call Surcharge:
$0.6500
(b) The following rates and surcharge will apply to calls which default to a live operator.
Per Minute Rate:
Peak $0.23
Off-Peak $0.16
Per call Surcharge $0.65
B. OnLine World Calling Card Service - Online Operator Assisted Rate Schedule:
If a customer chooses to access an Operator to place a call, the call will be billed at per minute rates for MTS.
(1) Billing Increments
All OnLine World Calling Card calls placed with the assistance of an operator will be billed in one (1) minute increments.
(2) Per Call Surcharge
The following surcharge will apply in addition to the per minute rates.
Per Call Charge
Station-to-Station $1.50
Person-to-Person $3.00
.09 WorldOne Association
The WorldOne Association program as described in Section .03 above is a benefit package which allows the individual users who are members or employees of the participating organization to receive additional product discounts.
WorldOne Association members will the following discount offer:
Month-to-Month association customer on WorldOne Service will receive the one (1) year term rates, no Extended Service Plan ("ESP") will be required; One (1) year term association customers on WorldOne Service will receive the two (2) year term rates, ESP for Associations is required; and two (2) year term association customers on WorldOne Service will receive the three (3) year term rates, ESP for Associations is required.
The conditions of the WorldOne Service Extended Service Plan ("ESP") as filed in Section .02 above will apply for WorldOne for Associations ESP agreements.
OnLine World Calling Card Service is not available for Association discounts.
OPTION A
(NO MIN. ON M TO M MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP
/$250 MIN. ESP) PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED OUTBOUND $0.1500 $0.1242 $0.1450 $0.1201 $0.1400 $0.1159
SWITCHED 800 $0.1550 $0.1250 $0.1500 $0.1210 $0.1450 $0.1170
DEDICATED OUTBOUND $0.1050 $0.0869 $0.1000 $0.0828 $0.0950 $0.0787
DEDICATED 800 $0.1100 $0.0890 $0.1050 $0.0850 $0.1000 $0.0810
OPTION B
($1,000 MON. USAGE MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP
COMMITMENT) PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED OUTBOUND $0.1450 $0.1201 $0.1400 $0.1159 $0.1350 $0.1118
SWITCHED 800 $0.1500 $0.1210 $0.1450 $0.1170 $0.1400 $0.1130
DEDICATED OUTBOUND $0.1000 $0.0828 $0.0950 $0.0787 $0.0900 $0.0745
DEDICATED 800 $0.1050 $0.0850 $0.1000 $0.0810 $0.0950 $0.0770
OPTION C
($5,000 MON. USAGE MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP
COMMITMENT) PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED
OUTBOUND $0.1400 $0.1159 $0.1350 $0.1118 $0.1300 $0.1076
SWITCHED 800 $0.1450 $0.1170 $0.1400 $0.1130 $0.1350 $0.1090
DEDICATED
OUTBOUND $0.0950 $0.0787 $0.0900 $0.0745 $0.0850 $0.0725
DEDICATED 800 $0.1000 $0.0810 $0.0950 $0.0770 $0.0900 $0.0750
OPTION D
($7,500 MON. USAGE MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP
COMMITMENT) PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED
OUTBOUND $0.1375 $0.1139 $0.1325 $0.1097 $0.1275 $0.1056
SWITCHED 800 $0.1425 $0.1150 $0.1375 $0.1110 $0.1325 $0.1070
DEDICATED
OUTBOUND $0.0925 $0.0766 $0.0875 $0.0725 $0.0825 $0.0725
DEDICATED 800 $0.0975 $0.0790 $0.0925 $0.0750 $0.0875 $0.0750
OPTION E
($15,000 MON. USAGE MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP
COMMITMENT) PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED
OUTBOUND $0.1350 $0.1139 $0.1300 $0.1097 $0.1250 $0.1056
SWITCHED 800 $0.1400 $0.1150 $0.1350 $0.1110 $0.1300 $0.1070
DEDICATED
OUTBOUND $0.0900 $0.0766 $0.0850 $0.0725 $0.0800 $0.0725
DEDICATED 800 $0.0950 $0.0790 $0.0900 $0.0750 $0.0850 $0.0750
OPTION F
($25,000 MON. USAGE MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP
COMMITMENT) PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED
OUTBOUND $0.1325 $0.1139 $0.1275 $0.1097 $0.1225 $0.1056
SWITCHED 800 $0.1375 $0.1150 $0.1325 $0.1110 $0.1275 $0.1790
DEDICATED
OUTBOUND $0.0875 $0.0766 $0.0825 $0.0725 $0.0775 $0.0725
DEDICATED 800 $0.0925 $0.0790 $0.0875 $0.0750 $0.0825 $0.0750
OPTION G
($50,000 MON. USAGE MONTH TO MONTH 12 MONTH ESP 24 MONTH ESP
COMMITMENT) PEAK OFF PEAK PEAK OFF PEAK PEAK OFF PEAK
SWITCHED
OUTBOUND $0.1300 $0.1139 $0.1250 $0.1097 $0.1200 $0.1056
SWITCHED 800 $0.1350 $0.1150 $0.1300 $0.1110 $0.1250 $0.1070
DEDICATED
OUTBOUND $0.0850 $0.0766 $0.0800 $0.0725 $0.0750 $0.0725
DEDICATED 800 $0.0900 $0.0790 $0.0850 $0.0750 $0.0800 $0.0750
17. CNC Services
.01 Description of Service
CNC Service offers outbound direct dialed (1+), inbound 800 and Travel Card message telecommunications service to its customers through switched and dedicated access facilities. Service is provided seven days a week, twenty-four hours a day. Each Customer is charged individually for each call placed through the Company. Charges may vary by the distance of the call, type of access, time of day, day of week and/or call duration. Special access channels, if utilized, are provided and billed to the Customer by the local exchange telephone company. Charges for the special access channel are determined by the local exchange telephone company and the Customer is responsible for payment of these charges to the local exchange telephone company.
Rates for service provided in this section are for calls placed that originate or terminate in the Mainland United States, Alaska, Hawaii, Puerto Rico or the U.S. Virgin Islands.
.02 Connect USA Plan
Connect USA Plan allows Customer to place direct dialed calls to terminating locations. Customers are presubscribed to the Company network. Customers may access Dial "1" Service through switched or dedicated access facilities. Calls are billed in six (6) second increments with an initial period of thirty (30) seconds and a minimum call duration of thirty (30) seconds.
(A) Switched Access Volume Discounted Rate
Term/Volume Plan Per Minute Rate
Residential Service
$ 0 - $ 9.99 $0.1990
$10 - $14.99 0.1890
$15 - $19.99 0.1790
$20 - $49.99 0.1690
$50 + 0.1590
Major Accounts
< $10,000 0.1490
$10,000 + 0.1390
Affinity Account 0.1290
Master Account 0.1175
(B) Dedicated Access Volume Discounted Rate
Term/Volume Plan Per Minute Rate
Residential Service
$0 - $ 9.99 N/A
$10 - $14.99 N/A
$15 - $19.99 N/A
$20 - $49.99 N/A
$50 + N/A
Major Accounts
< $10,000 $0.1140
$10,000 + 0.1040
Affinity Account 0.0940
Master Account 0.0800
(C) Monthly Recurring Charge
Monthly Recurring Fee $5.00
.03 CNC 800 Service
CNC 800 Service is an inward WATS service. It permits termination of intrastate calls from diverse geographic locations to Customer local exchange lines or to dedicated access facilities. With CNC 800 Service, the Customer is billed for the call rather than the call originator. Calls are billed in six (6) second increments with an initial period of thirty (30) seconds and a minimum call duration of thirty (30) seconds.
(A) Switched Access Volume Discounted Rate
Term/Volume Plan Per Minute Rate
Residential Service
$ 0 - $ 9.99 $0.1990
$10 - $14.99 0.1890
$15 - $19.99 0.1790
$20 - $49.99 0.1690
$50 + 0.1590
Major Accounts
< $10,000 0.1490
$10,000 + 0.1390
Affinity Account 0.1290
Master Account 0.1175
(B) Dedicated Access Volume Discounted Rate
Term/Volume Plan Per Minute Rate
Residential Service
$ 0 - $ 9.99 N/A
$10 - $14.99 N/A
$15 - $19.99 N/A
$20 - $49.99 N/A
$50 + N/A
Major Accounts
< $10,000 $0.1140
$10,000 + 0.1040
Affinity Account 0.0940
Master Account 0.0800
(C) Monthly Recurring Charge
Monthly Recurring Fee $5.00
.04 Travel Card Service
Travel Card Service offers CNC Services Customers the ability to place calls while away from the home or office by using a special access code and personal identification number.
(A) Per Minute Rates
Term/Volume Plan Per Minute Rate
Residential Service
$ 0 - $ 9.99 $0.1990
$10 - $14.99 0.1890
$15 - $19.99 0.1790
$20 - $49.99 0.1690
$50 + 0.1590
Major Accounts
< $10,000 0.1490
$10,000 + 0.1390
Affinity Account 0.1290
Master Account 0.1175
(B) Per Call Charge $0.2500
.05 Directory Assistance
Directory Assistance ("DA") is available to Customers of CNC Services. A DA charge applies to each call to the Directory Assistance Bureau. The DA charge applies to each call regardless of whether the Directory Assistance Bureau is able to furnish the requested telephone number.
Directory Assistance, Per Call $0.7500
18. Calling Card Service - Designated Access Code Calls Billed to LEC Issued Cards
The Company will provide call completion and billing for certain calling card calls completed by end users who use a calling card and its associated access method issued by a LEC. The specific calls to be routed to the Company will be determined by the Company and its LEC associate. Calls completed by the Company may be billed by the Company or by the LEC associate. Availability of this service is contingent on the establishment of acceptable network and billing arrangements between the Company and the LEC associate, including designation and publication of an access code for Company's service.
.01 Participating LECs
Ameritech
.02 Per Minute Rate Schedule
$0.2500
.03 Per Call Surcharges
Customer Dialed Surcharge: $0.75
Operator Dialed Surcharge: $2.25
19. Public Payphone and Line Restricted Surcharges
In order to recover the Company's expenses to comply with the FCC's payphone compensation plan adopted October 9, 1997 (FCC 97-371), a Surcharge will apply to all completed interstate and intrastate calls originating from pay telephones and other restricted lines including:
1) calls billed to a Company-issued access code (e.g., Company Calling Card, prepaid cards);
2) "0+" and other calls billed collect, to a third number, to a commercial credit card, or to a calling card issued by a local exchange carrier; and
3) calls placed via Company toll-free (800 or 888) numbers to any Customer.
No discounts shall apply to Public Payphone and Restricted Line Surcharges. Pay telephones include coin-operated and coinless phones owned by local telephone companies, independent companies and other interexchange carriers. The Public Payphone and Restricted Line Surcharge applies to the initial completed call and any reoriginated call (i.e., using the "#" symbol) completed and billed as described above.
Application of Public Payphone and Restricted Line Surcharge
Individual calls which otherwise meet the criteria above will be identified as subject to the Public Payphone and Restricted Line Surcharge when coding digits transmitted to the Company at the time the call is placed indicate that the call originates from a payphone (ANI ii digits 27, 29 or 70) or a restricted line class (ANI ii digits 07) commonly associated with payphones. The Surcharge shall apply to calls originated from all such restricted lines regardless of whether the line is actually associated with a payphone.
Whenever possible, the Public Payphone and Restricted Line Surcharge will appear on the same invoice containing the usage charges for the surcharged call. The application of the Surcharge to Restricted Lines (ANI 07) shall cease as soon as practicable upon suspension, vacation, or expiration of the Temporary Waiver Order, DA 97-2162, concerning the obligations of local exchange carriers to provide payphone coding digits, issued October 7, 1997 by the Common Carrier Bureau of the Commission in CC Docket 96-128.
At the Company's option, in cases where proper payphone coding digits are not transmitted to the Company prior to completion of a call, the Public Payphone and Restricted Line Surcharge may be billed on a subsequent invoice after the Company has obtained information from a local exchange carrier which confirms that the originating station is eligible payphone.
Rate Per Completed Call
Calls billed to Company-issued
access codes other than prepaid cards $0.26
"0+" calls $0.26
Calls placed via toll-free nos. $0.26
Calls billed to Company-issued prepaid cards $0.60
20. Summary Report Charge
A) Description
This charge will apply in addition to the regular monthly invoice for business customers that received any type of summary reports. This charge is applicable regardless of the number of reports selected by the Customer. These reports include, but are not limited to, Call Summary, Area Code Summary, Account Code Summary, Auth/ANI Summary, Toll-Free Product Type, Toll-Free Summary by Date, Long Call Summary, Frequent No. Summary, Executive Summary, PAC by Auth Summary, LATA Summary, Department Summary, Department/Division, International Summary, Long Call Minutes and Frequent Called Number Threshold. However, the Customer may choose either the Caller ReCap Summary or Traffic Management Summary at no additional charge.
B) Per Month Charge
$2.00
V.
VI. WILSELECT 800 RESPONSIBLE ORGANIZATION SERVICES
1. Description of Services
WilSelect 800 Responsible Organization Services ("WilSelect Services") is a product offering comprised of Company's provision of the herein described services as the Responsible Organization ("RESP ORG") for Customer's 800 Service numbers. Customers obtaining the WilSelect Services offering for the services of Company as its RESP ORG for certain 800 Service numbers will also be subject to the following terms and conditions.
.01 Conditions for Services
In addition to all generally applicable terms of this Tariff, such as those wherein Company is authorized to suspend or terminate Service, Company's offering of WilSelect Services for any particular 800 number is conditioned upon a Customer's utilizing Company as its carrier for any portion of the 800 Traffic associated with such 800 number (the "Conditions"). If at any time one or more of the Conditions is not being met, Company's obligation to provide Customer with WilSelect Services shall terminate.
In accordance with FCC regulations, ANI shall only be used for billing and collection, routing, screening, and completion of the originating subscriber's call or transaction or for service directly related to the originating subscriber's call or transaction. The ANI shall not be reused or resold without first notifying the originating telephone subscriber and obtaining affirmative consent of the subscriber for reuse or resale.
Unless the originating subscriber has given consent for the reuse or resale, any information provided shall not be used for any purpose other than: (1) performing the services or transactions that are subject of the originating subscriber's call; (2) ensuring network performance security, and the effectiveness of call delivery; (3) compiling, using and disclosing aggregate information; and (4) complying with applicable laws.
.02 Defined Terms
Capitalized terms used herein with respect to WilSelect Services and not otherwise defined in I. of this Tariff shall be defined as follows:
General Terms
A. Number Administration and Service Center (NASC): the organization that administers the SMS/800 system for the centralized management of 800 numbers of the 800 Data Base Service (see Service Management System).
B. Plain Old Telephone Service (POTS): the voice communication telephone service between two telephones using the public switched network.
C. Responsible Organization (RESP ORG): the entity which subscribes to the 800 Data Base Service and that has responsibility for the management and administration of 800 Data Base Service records, including data entry, record changes, trouble referral, and/or clearance.
D. Service Control Points (SCPs): the real-time data base systems in the 800 Data Base Service network utilized by Company that contain routing instructions downloaded by the SMS/800. These routing instructions are entered into the SMS/800 by the RESP ORG.
E. 800 Number Administration: the process of assigning, reserving, and releasing 800 Service numbers for public use.
F. Service Management System/800 (SMS/800): the main operations support system of 800 Data Base Service subscribed to by Company. It is used to create and update subscriber 800 Service number records that are then downloaded to SCPs for handling subscriber's 800 Service Calls (see Service Control Points). The system is also used by 800 RESP ORGs to reserve and assign 800 Service numbers.
G. 800 Data Base Service: access to the SMS/800 and the SCPs
H. 800 Service Provider: a telecommunications company (including Company) that offers 800 Service to 800 Service Subscribers.
I. 800 Service Subscriber: an entity that subscribes to 800 Service from an 800 Service Provider and is financially responsible for traffic resulting from callers dialing the specific 800 number assigned to the Subscriber. Also, when used herein with respect to WilSelect, a "subscriber."
J. 800 Traffic: Calls comprising 800 Service.
800 Service Number Status Terms
K. NXX Not Open: An 800 Service number status is NXX Not Open if the number is in an 800 NXX code which is not open/available for general assignment.
L. Spare: A Spare number is a non-working 800 Service number that is available for assignment to a potential 800 Service Subscriber by an 800 Service Provider.
M. Reserved: A Reserved number is a Spare 800 Service number temporarily marked for assignment to a specific 800 Service Subscriber. An 800 Service number can be reserved on behalf of an 800 Service Subscriber for a period of time ("Number Reservation Period") pending receipt by the 800 Service Provider of an order for 800 Service from the 800 Service Subscriber. The Number Reservation Period as of April 30, 1993, is 60 calendar days, but may be changed from time to time by Company.
If no order for 800 Service has been received by the 800 Service Provider prior to the end of the Number Reservation Period, the status of the 800 Service number will be changed from Reserved to Spare. At this time, the ten-digit 800 Service number is no longer held for a particular 800 Service Subscriber; the number is available for assignment.
A number reservation can be canceled prior to the end of the reservation period if the potential 800 Service Subscriber has decided not to use the number. When an 800 Service number reservation is canceled, the number status will be changed to Spare.
N. Assigned: An Assigned number is an 800 Service number that is associated with a valid order for 800 Service received by Company from an 800 Service Subscriber, entered into the SMS/800, and pending activation in the SCPs. An Assigned 800 Service number must be activated in the SCPs and changed to Working within twelve (12) months of becoming Assigned, or the status of the 800 Service number in the SMS\800 will change to Spare.
O. Working: A Working number is an 800 Service number that is being used to complete 800 Service Calls. An Assigned number status changes to Working once the pending subscriber record has been downloaded into all appropriate SCPs.
P. Disconnect: A number in the Disconnect status is an 800 Service number that is discontinued for use by the subscriber and the associated 800 Service has been terminated.
When an 800 Service number has been disconnected, the status of the 800 number will reflect the change on the due date of the Disconnect.
The standard "Disconnect Interval" is six (6) months following the effective date of the 800 Service disconnect; however, upon 800 Service Subscriber request Company may, in its discretion, extend the Disconnect Interval beyond six (6) months. Upon expiration of the Disconnect Interval the ten-digit 800 Service number status will change to Spare and the number will be available for reassignment among all potential 800 Service Subscribers.
Q. Transitional: An 800 Service number for which corresponding 800 Service has been terminated for less than six months but is no longer on "Intercept." Intercept is defined as a recording that the number has been disconnected or is no longer in service. After being disconnected for six (6) months, the status of the number returns to Spare, unless Company, in its discretion, has extended the Disconnect Interval beyond six (6) months.
R. Suspend: An 800 Service number which has been subject to a Disconnect but is scheduled to be reactivated. When a pending new connect Customer Record has been established in the SMS/800 for an 800 Service number previously in Disconnect status, the SMS/800 will place the 800 number in Suspend status. The 800 Service number will remain in Suspend status until the number is activated in the SCPs and changed to Working, or for a maximum of 12 months, whichever occurs first. The Suspend status must be converted to either Working or Spare within the above time period.
S. Unavailable: An Unavailable number is an 800 Service number that is not available for assignment through the SMS/800 due to an unusual condition (e.g., service maintenance test record). The Unavailable status is subject to verification by the NASC. Requests to make 800 Service numbers Unavailable need to be submitted in writing to the NASC with substantiating reasons.
.03 Company Responsibilities for WilSelect Services
Company shall access the SMS/800 to locate Spare 800 Service numbers for Customer's use.
At Customer's request, Company shall access the SMS/800 to determine if 800 Service numbers specifically requested by Customer ("Vanity Numbers") are Spare numbers. Company makes no representation regarding the time required to perform a Vanity Number search.
Company shall reserve a limited quantity of Spare 800 Service numbers in the SMS/800 for Customer for a maximum of sixty (60) calendar days. Company reserves the right, at its discretion, to determine the quantity of 800 Service numbers it will reserve for Customer.
In accordance with information obtained from Customer, Company shall enter into the SMS/800 required information related to Customer's 800 Service numbers (herein "Customer Records"), such as the appropriate 800 Service Provider information, POTS destination numbers and relevant effective dates.
Company shall accept Customer requests for changes to Customer Records in such form and medium as authorized in writing by Company.
Company shall initiate downloading of Customer Records from SMS/800 into appropriate Service Control Points (SCPs) when Company makes changes to Customer Records.
Company shall resolve any errors in the SMS/800 entry and/or SCP download process with the NASC when Company deems such resolution is appropriate.
If Customer notifies Company that Customer is transferring responsibility for management and administration of one or more 800 Service numbers from Company to one or more different RESP ORGs, Company shall (i) release control of such 800 Service numbers by changing the Customer Record in the SMS/800 to reflect the new RESP ORGs; and (ii) report outstanding trouble reports of which Company is aware related to the 800 Service numbers to the new RESP ORGs. Company's obligation to make a transfer in accordance with the foregoing provisions is conditioned upon Customer being current on all charges for any service provided by Company to Customer, and that such transfer is not a breach, nor the cause of a breach, nor requested or scheduled to occur at a time when Customer would otherwise have unfulfilled obligations to Company (and in any case under this Tariff or any other Tariff or agreement between Customer and Company).
At Customer's request, Company shall arrange to have Customer's 800 Service numbers listed in the 800 directory assistance database.
.04 Customer Responsibilities for WilSelect Services
Customer shall exchange necessary information regarding WilSelect Services with Company, according to Company's written instructions.
Customer may request specific and/or general 800 Service number searches and shall pay Company the applicable charge for any such search so requested which results in an 800 Number being Reserved or Assigned for Customer.
Customer shall (i) establish a valid and lawful business relationship with other 800 Service Providers that Customer selects to carry its 800 Traffic associated with 800 numbers for which Company provides WilSelect Services; and (ii) notify Company of such other 800 Service Providers with whom Customer has established such business relationships. Further, Customer shall notify Company of the specific arrangements Customer has made with each such 800 Service Provider for carriage of its 800 Traffic, and of any subsequent changes thereof.
Customer shall notify Company of any other information required to manage and administer Customer's 800 Service, including, but not limited to, POTS destination numbers and requested service dates for 800 Service and/or changes thereto.
If Customer is transferring responsibility for management and administration of one or more 800 Service numbers to Company from one or more RESP ORGs, Customer shall execute appropriate documentation, as provided by Company, to authorize Company to serve as the RESP ORG for the 800 Service numbers in question. Such documentation shall include, but shall not necessarily be limited to, a letter of agency in favor of Company in the form provided by and accepted by Company. Company shall accept obligations as Customer's RESP ORG in the case of such a transfer only upon the occurrence of all of the following events: (i) execution of the aforementioned appropriate documentation; (ii) the RESP ORG field in the SMS/800 being changed to reflect Company as the RESP ORG; and (iii) notification to Company by either Customer or the Past RESP ORG that Company is shown as the RESP ORG in the SMS/800 for the 800 Service numbers in question.
If Customer intends to transfer responsibility for management and administration of one or more 800 Service numbers from Company to one or more different RESP ORGs, Customer shall notify Company and the affected RESP ORGs of such transfers and of the effective dates of such transfers.
If Customer transfers responsibility for carriage of its 800 Traffic from one or more 800 Service Providers to one or more different 800 Service Providers, Customer shall establish or terminate, as appropriate, valid and lawful business relationships with such 800 Service Providers and notify the affected 800 Service Providers and Company of the effective dates and other necessary details to effect such transfers in SMS/800.
.05 Customer's Agents
Company shall provide WilSelect Services subject to the applicable provisions of this Tariff to Customer or Customer's authorized agent ("Customer's Agent"), as evidenced in a writing satisfactory to Company and signed by both Customer and Customer's Agent.
.06 Confidentiality
The telecommunications industry has identified the 800 Service number, the identity of the RESP ORG, the Customer Record status or the 800 Service number Status, and the effective date and time of the Customer Record as non-proprietary. The telecommunications industry-defined non-proprietary information is, therefore, not "Confidential Information" for any purposes.
Notwithstanding the foregoing, all other Customer Record information (i.e. information other than Customer Record status, date and time as described above), and other information exchanged between Company and Customer in relation to WilSelect Services which is designated as "confidential" or "proprietary" shall be considered Confidential Information and shall be treated by the receiving party thereof with no less than the same degree of care which the receiving party affords its own proprietary information, unless and only to the extent that the party receiving the information can demonstrate that:
prior to its disclosure by the disclosing party such information was already lawfully and rightfully known by or available to the receiving party as evidenced by prior written records or other tangible documents in possession of the receiving party; or
through no wrongful act or omission, fault or negligence on the part of the receiving party such information is or becomes part of the public domain; or
such information is developed by the receiving party independently from disclosure by the disclosing party, as evidenced by prior written records or other tangible documents in the possession of the receiving party; or
such information is lawfully received by the receiving party from a third party without restriction and without breach of its obligations under this Tariff or any other agreement; or
such information is approved for public release or use by written authorization of the disclosing party; or
such information is disclosed pursuant to the requirement or request of a governmental agency or court of competent jurisdiction to the extent such disclosure is required by a valid law, regulation or court order, and sufficient notice is given by the receiving party to the disclosing party of any such requirement or request to permit the disclosing party to seek an appropriate protective order or exemption from such requirement or request.
In the event of a breach of the foregoing obligations regarding Confidential Information, money damages are deemed by Customer and
Company as an inadequate remedy. As a result, a non-breaching party shall be entitled to seek, and a court of competent jurisdiction may grant, specific performance and injunctive or other equitable relief as a remedy for any breach. Such remedy shall be in addition to all other remedies available to a non-breaching party.
.07 Schedule of WilSelect Services
WilSelect Services and charges are set forth below. Charges for WilSelect Services do not receive any volume and term discounts nor do they contribute to any aggregate billing for services that are subject to volume and term discounts.
For purposes of this Tariff, all charges for WilSelect Services shall be deemed to be Ancillary Charges.
Standard WilSelect Services:
Responsible Organization (Resp Org) provides management and administration of appropriate records in the 800 service management system (SMS/800). Services provided include record install, record modification, receipt of trouble reports, and referring and/or clearing associated documents. No fee for this service.
Miscellaneous WilSelect Services:
SMS/800 access read-only Channels may be authorized by Company on an ICB basis provided all costs associated therewith are in each case borne by Customer.
Company can provide SMS/800 reports regarding Customer's 800 Service numbers on an ICB basis. ($ 50.00 per report)
800 Directory Assistance Service:
Enables a customer's 800 number(s) to be included in a third party database and made available to the general public upon request via a directory assistance inquiry if Company is the Responsible Organization for the 800 number. Monthly recurring fee of $15.00.