Prior to August 1, 2001, service was furnished under WIDSI Tariff FCC No. 11 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. Beginning December 1, 2005, such service is not available to new Customers.
Please note the following regarding this important change.
· WIDSI Tariff FCC No. 11 was amended on June 23, 2001 to incorporate new or revised General Definitions and new or revised General Terms and Conditions of Service contained in WorldCom Tariff FCC No. 1. Like the service in former WIDSI Tariff FCC No. 11, these General Definitions and General Terms and Conditions are now part of this Guide and, therefore, are part of customer service contracts. Some of the definitions and terms and conditions contained in former WIDSI Tariff FCC No. 11 are reflected in the General Definitions and General Terms and Conditions of Service and, accordingly, were removed from the former tariff at the time of detariffing on July 31, 2001. This explains why there may be omissions or gaps in the service information previously found in WIDSI Tariff FCC. No. 11 and currently contained in this Guide.
· Except as noted in the preceding paragraph, the text of this Guide replicates the information contained in former WIDSI Tariff FCC No. 11 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.
U.S. GOVERNMENT INTERNATIONAL PRIVATE NETWORK SERVICE
1.0 GENERAL
1.1 Definition of Terms Effective June 23, 2001, all Definitions of Terms 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
Application for Service - A Company order form which includes all pertinent billing, technical and other descriptive information which will enable the Company to provide a communications service as required
Authorized User - a person, firm or corporation which is authorized by the customer to be connected to the channel or channels leased from the Company, for the purpose of communicating with the customer. Such communications must relate solely to the business of the customer. The name and address of each authorized user must be specifically identified to the Company before service may be permitted over the equipment installed in the authorized user's office
Bit - Denotes the smallest unit of information in the binary system
Bps - Bits per second
Cancellation of Order - The withdrawal by the customer of an order for service prior to the completion of installation by the Company
CCITT - The International Telegraph and Telephone Consultative Committee
Company - WorldCom Communications, Inc., formerly Western Union International, Inc. (WUI), or any successor entity
Conditioning - Special conditioning of a voice grade channel to meet performance specifications required for processing data. The customer is responsible for requesting the specific type of conditioning required
Customer - A customer is anyone providing service to a department, agency, or instrumentality of the United States Government under this tariff. A customer may also be any department, agency or instrumentality of the United States Government
Customer Premises - A location, free of any interfering easements, designated by the customer for the origination and termination of U.S. Government International Private Network Service to the customer and its authorized user(s)
Data Service Unit (DSU) - A device that connects a customer's premises or serving central office and the Company's terminal for origination or termination of calls
Dedicated Access/Termination - Dedicated local access facilities used between a customer's premises or serving central office and one of the Company's terminals for origination or termination of calls
Discontinuance - The discontinuance of a circuit, dedicated access line or port connection being used for existing service. (This differs from a Cancellation of Order)
Facilities - Any item of communications plant or equipment other than customer provided terminal equipment used to provide or to connect to the Company's service
Installation - The connection of a circuit, dedicated access channel or port for new or additional service
Premises - The space designated by a customer at its place or places of business for termination of the Company's service, for its own communications needs
Station Equipment - Devices, apparatus and their associated wiring, including but not limited to private branch exchanges, channel banks, multiplexors, teleprinters, telephone handsets and data sets
Terminal - Any Company locations where the Company provides services as described therein
Theoretical Midpoint - A theoretical point midway between the terminals of the Company and its overseas correspondent. For example, the theoretical midpoint for a channel provided by the satellite facility is the satellite. For a channel provided by a submarine cable facility, the theoretical midpoint is a point midway between the end terminals serving the cable system
U.S. Mainland - The District of Columbia and the 48 coterminous states
1.2 Application of Tariff
1.2.1 This tariff contains the regulations and rates applicable to the portion of the U.S. Government International Private Network Service furnished by the Company, between its terminals located within the continental United States and overseas terminals operated by the Company's correspondents or the Company's terminals in offshore locations, EXCEPT THAT, EFFECTIVE JUNE 23, 2001, THE DEFINITIONS OF TERMS AND THE REGULATIONS CONTAINED IN THIS TARIFF AT SECTIONS 1.1 AND 1.3, RESPECTIVELY, ARE SUPERSEDED BY THE GENERAL DEFINITIONS AND GENERAL TERMS AND CONDITIONS CONTAINED IN WORLDCOM TARIFF F.C.C. NO. 1, EXCEPT IS OTHERWISE PROVIDED FOR IN SECTION 1.C.01 THEREOF
1.2.2 U.S. Government International Private Network Service includes the furnishing by the Company of the services listed below, as identified in this tariff:
Service Type Section
Low Speed Channels 2.1
Medium Speed Channels 2.2
Voice Grade Channels 2.3
Skyline IBS Channels 2.4
Skyline SCPC Channels 2.5
Fiberline Channels 2.6
Telecommunications Service Priority 13.0
1.2.3 The customer must furnish the facilities required to provide interconnection from the customer's location to the Company's terminal
1.2.5 The Company does not undertake to transmit messages
1.3 Regulations Effective June 23, 2001, all 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
1.3.1 Description of Service
1.3.1.1 Except where noted, channels are arranged for duplex operation and shall be capable of being extended beyond the respective terminal locations of the Company to the offices of the government, or authorized user
1.3.1.2 The Company, acting at the government's request and as its authorized agent, will make reasonable efforts to arrange for the necessary facilities abroad for governmental customer's wanting service with overseas terminals operated by the Company's correspondent. When the Company, at the government's request, bills the overseas charges, the charges will reflect the amount which would be billed to the government's overseas office(s)
1.3.1.3 The rates and regulations published herein are applicable to all services being offered regardless of the type of facility utilized (e.g., cable, satellite, microwave, radio, cable/satellite, cable/cable or the like) by which the Company provides its U.S. Government International Private Network Service, except as otherwise specifically indicated. The facilities furnished by the Company are communications paths suitable for the purpose furnished and are derived in such a manner as the Company may elect
1.3.2 Limitations
1.3.2.1 Service is offered subject to the availability of facilities and the provisions of this tariff
1.3.2.2 The Company reserves the right to discontinue furnishing facilities when necessary because of conditions beyond its control
1.3.2.3 In furnishing service between its terminals, the Company's responsibility is limited to the furnishing of facilities which will establish a communications path between such terminals
1.3.2.4 In furnishing service between a terminal of the Company and an overseas terminal of a correspondent, the Company's responsibility is limited to the furnishing of facilities between its terminal and the theoretical midpoint, which, when combined with the facilities provided by such correspondent, will establish a communications path between two terminals
1.3.2.5
1.3.2.6
1.3.3 Use of Service
1.3.3.1 International Private Network Service obtained from this tariff for the purpose of resale for the provision of third party services requires authorization from the Federal Communications Commission and a demonstration that the foreign government or administration affords equivalent resale opportunities
1.3.4 Substitute Service
In the event of channel interruption caused by storms, or the action of the elements, or other acts of God, or by strikes, or by civil or military authority, or by wars, insurrections, riots, rebellions or the unlawful acts of individuals, or by other conditions beyond the control of the Company, the Company reserves the right to provide U.S. Government International Private Network Service by any available substitute means (if acceptable to the customer) pending restoration of normal service.
This substitution applies only to another form of private network service and not to other services such as MTS, Telex, etc. Use of MTS and Telex services are subject to the rates, rules and regulations in the tariffs applicable to such services
1.3.5 Payment Arrangements and Credit Allowances
1.3.5.1 Payment of Charges
(A) The Company will render invoices monthly in advance
(B) Payment is due within 30 days of invoice date
(C) Installation charges are payable at the time of establishing service
1.3.5.1.1 The customer is responsible for payment of all charges for services furnished to the customer or its joint or authorized users. This responsibility is not changed by virtue of any use, misuse, or abuse as may be occasioned by third parties, including without limitation, the customer's employees or other members of the public. Non-recurring charges are payable when the services for which they are specified have been performed. If an entity other than the Company (e.g., another carrier or a supplier) imposes charges on the Company, in addition to its own internal costs, in connection with a service for which the Company's non-recurring charge is specified, those charges will be passed on to the customer
1.3.5.2 Cancellation for Cause
1.3.5.2.1 The Company may discontinue the furnishing of service(s) to a customer, without incurring any liability under the following conditions
1.3.5.2.1.1 Immediately and without notice if the Company deems that such action is necessary to prevent or to protect against fraud or to otherwise protect its personnel, agents, facilities or services. The Company may discontinue service pursuant to Section 1.3.5.2.3 if:
(A) The customer has been given written notice by the Company of any past due amount (which remains unpaid in whole or in part) for any of the Company's other common carrier communications services to which the customer either subscribes or had subscribed or used
1.3.5.2.1.2 Immediately upon written notice to the customer of any sum thirty (30) days past due
1.3.5.2.2 Thirty (30) days after sending the customer written notice of noncompliance with any other provision of this tariff if the noncompliance is not corrected within the thirty (30) day period
1.3.5.2.3 The discontinuance of service(s) by the Company pursuant to this Section does not relieve the customer of any obligation to pay the Company for charges due and owing for service(s) furnished up to the time of discontinuance, including all expenses and fees (including reasonable attorney's fees and collection agency fees) incurred by the Company in connection with the collection of any unpaid sum to the Company
1.3.5.3 Minimum and Fractional Rates and Charges
(A) The minimum billing periods, noted in consecutive months, for U.S. Government International Private Network Service are as follows:
Low Speed Channels One month
Medium Speed Channels One month
Voice Grade Channels One month*
Skyline IBS Channels Three months*
Skyline SCPC Channels One month
Fiberline Channels Three months*
* For term commitments, there is a one year minimum
(B) When service does not begin on the first day of a monthly billing period or end on the last day of a monthly billing period, the charge for the fractional part of the monthly billing period during which service is furnished will be a proportionate part of the monthly charge based on the ratio of the number of days in such beginning or concluding fractional monthly billing period to 30 days
1.3.5.4 Rate Changes
1.3.5.4.1 Rate Reductions
In the event the Company lowers a rate for a particular service, all customers receiving that service will receive the lower rate when it becomes effective
1.3.5.4.2 Rate Increases
In the event the Company raises a rate for a particular service, customers who have made previous term commitments for that service may discontinue service without incurring an early discontinuance penalty by written notice to the company within thirty (30) days following the effective date of such a rate increase. Such a discontinuance will not relieve the customer from its liability to pay for all services received through and including the date of discontinuance
1.3.5.4.3
1.3.5.5 Discontinuance of Service
The Company requires the following minimum notice period to effect discontinuance of a U.S. Government International Private Network Service
Low Speed Channels 0 days
Medium Speed Channels 0 days
Voice Grade Channels 0 days
Skyline IBS Channels 0 days
Skyline SCPC Channels 0 days
Fiberline Channels 0 days
A notice period begins upon receipt by the Company of a written request for discontinuance. Charges will continue to apply whether or not the customer continues to use the service
Such written notice must be mailed to or physically delivered to the customer's sales representative. Such notice must contain:
1. The lease number of the circuit to be terminated
2. The date when service is to be discontinued
3. The customer contact name and telephone number
The discontinuance of facilities and equipment furnished by other carriers and/or correspondents shall be pursuant to the tariffs or regulations of such other carriers and/or correspondents
If the Company receives a request for service discontinuance from a foreign carrier furnishing interconnected service to a customer, but has not yet been notified of such discontinuance by the customer, the Company will contact the customer and request a written confirmation of the intended discontinuance. If the customer does not furnish such written confirmation to the Company within five business days, the Company will discontinue service as requested by the foreign carrier. If the customer elects not to have the service discontinued, it must so indicate in writing within the specified five-business-days deadline and provide to the Company the lease number assigned to each circuit associated with service
1.3.5.6 Cancellation or Delay by Customer before Service Started
(A) Cancellation by Customer before Service Started:
A customer may, by written notice, cancel an application for service subsequent to its submission to the Company. However, once an application for service has been accepted by the Company, if subsequently canceled, the Company will impose a cancellation charge equal to the greater of:
(1) the total of the non-recurring charges plus one month's monthly recurring charges for the service to be provided by the Company, or
(2) $6,000.00;
plus all non-recurring, monthly recurring and termination charges for US Access Facilities, if any, imposed by the providers of such facilities
Where special construction of facilities has been started prior to the cancellation, and there is no other requirement for the specially constructed facilities, the Company will impose a charge equal to the costs incurred in the special construction, less net salvage
For example, the Company incurs a cost of $2000 for special construction of facilities, for which there is no other requirement, for a customer which subsequently cancels their application for service. Upon this cancellation, the Company determines that the net salvage value of these facilities is $1000. The cancellation charge therefore is:
$2000 - $1000 = $1000
Special construction of facilities for a customer is considered to have started when the Company incurs any expense in connection therewith, or in preparation therefore, which would not otherwise have been incurred
(B) Delay by Customer before Service is Started:
A customer may, upon written notice to the Company, delay the scheduled in-service date of an order involving the installation or reconfiguration of a service, up to a maximum of thirty (30) consecutive calendar days after the original order due date
The customer will pay all charges which are incurred by the Company on behalf of the customer during the delay period
After an initial thirty (30) consecutive calendar days of delay, the customer has the option to:
(1) accept billing for the service, or
(2) cancel the order and pay the applicable cancellation charge, or
(3) continue the delay for an additional thirty (30) day period, subject to the agreement of the Company, and continue to pay for all charges which are incurred by the Company on behalf of the customer during the delay period
If the customer elects to accept billing, the installation or reconfiguration will be completed as soon as reasonably practical after the customer gives the Company written notice to proceed
1.3.5.7 Interruptions to Service
Interruptions to U.S. Government International Private Network Service which are not due to the negligence of the customer, are credited upon the customer's request at the proportionate part of the Company's monthly recurring charge as indicated below:
The duration of an interruption is calculated as follows:
- An interruption period begins when the customer reports to the Company that the service has been interrupted and releases the service for testing and repair. An interruption period ends when the service is operative again. If the customer reports the service to be inoperative, but declines to release it for testing and repair, the service is deemed to be impaired, but not interrupted
If the customer elects to use another means of communication during the period of interruption, the customer must pay the charges for the alternative service used
- An interruption concludes with the first attempt of the Company to advise the customer contact that service has been restored
Credits
Credits for interruptions are granted as follows:
(A) A credit is granted only for an outage that occurs within the service provided by the Company
(B) No credit is granted for an interruption of less than thirty (30) minutes or for interruptions caused by:
(1) failure of commercial power, equipment, systems, services, or supplies, not provided by the Company,
(2) failure in Public Network Facilities to which a service may be connected,
(3) Solar or atmospheric conditions (applicable to services provided through satellite facilities),
(4) interruption caused by the negligence of the customer or others authorized by the customer to use the customer's service,
(5) interruptions not reported to the Company
(C) For an interruption greater than thirty (30) minutes and less than three hours (or in the event of two or more interruptions within any three (3) hour period which accumulate to greater than thirty (30) minutes), a credit equal to .0033 times the monthly recurring charge imposed by the Company is granted
(D) For each additional three (3) hours (or fraction thereof) up to a cumulative interruption of fifteen (15) hours, a credit equal to .0066 times the monthly recurring charge imposed by the Company is granted
(E) For an interruption of more than fifteen (15) hours, a credit equal to .033 times the monthly recurring charge imposed by the Company is granted for each day of an interruption
(F) The Company will not be liable for interruption credit in any case where the claim for credit is not presented to the Company within ninety (90) days after the day on which the interruption occurred
1.3.5.8 Prolonged Service Interruptions
Where the Company can determine that the service interruption will be prolonged, beyond one (1) month, the customer will have the following options:
(A) discontinue the service effective the beginning of the prolonged interruption without having to give the required notice of discontinuance under section 1.3.5.5, or
(B) pay for the local access and other interconnecting facilities required to keep the circuit "active" so as to be able to reactivate the circuit at short notice when communications facilities are restored end-to-end
1.3.5.9
1.3.5.10
1.3.5.11
1.3.6 Inspection
The Company may, upon suitable 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 and maintenance of the customer's, authorized user's, or Company's equipment. The Company may interrupt the channel at any time because of departure from any of these requirements
1.3.7 Testing and Regulating
Upon suitable notice, the facilities 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 made to the customer for the time required for making such tests
1.3.8 Station Equipment
1.3.8.1 The characteristics of the station equipment furnished by the customer at either end of the facility shall be such that its connection to the facility does not interfere with other services over facilities used to provide the services. In cases where additional protective equipment is required, such equipment shall be provided at the customer's expense
1.3.8.2 A customer or authorized user must also provide, at its expense, the operating personnel and electric power at its office
1.3.8.3 Except as otherwise provided, the customer shall furnish and maintain at its expense, terminal equipment at the customer premises and connecting local channels between such premises and the Company terminal
1.3.9 Interconnection with Facilities of Others
1.3.9.1 U.S. Government International Private Network Service furnished by the Company pursuant to this tariff may be connected, on the premises of the customer or on the premises of the Company, to domestic leased facility service furnished within the United States by other carriers
1.3.9.2 The furnishing of service by the Company is not part of a joint undertaking with another carrier which provides domestic leased facility service
1.3.9.3 When the customer desires to connect the service furnished by the Company with domestic leased facility service furnished by another carrier, as permitted herein, the customer shall make all arrangements with such other carrier concerning the domestic leased facility service. The Company, however, when requested to do so by the customer, will make the necessary arrangements with a domestic carrier to connect the service. In completing such arrangements on behalf of the customer, the Company shall be deemed to be the authorized agent of the customer and, in addition to the charges applied by the domestic carrier, the following charges shall be imposed and billed by the Company for each such connection not provisioned via the facilities of the Company or its affiliated companies
Service Administrative Charge
Low Speed Channels $10 per month
Meium Speed Channels 10 per month
Voice Grade Channels 10 per month
All other services 25 per month
1.3.10 Liability of the Company
1.3.10.1
1.3.10.2 The liability of the Company for damages arising out of the interruptions or delays occurring in the course of furnishing the service or facility and not caused by the negligence of the customer, or authorized user, or of the Company in failing to maintain proper standards of maintenance and operation, and to exercise reasonable supervision, shall in no event exceed an amount equivalent to the proportionate charge to the customer for the period of service during which such interruption or delay occurs
1.3.10.3 The Company is not liable for any act of a correspondent or other company or companies furnishing a portion of the through service beyond an amount equivalent to the Company's proportionate charge to the customer for the period during which such act occurs
1.3.10.4 Except for granting credit allowance for interruptions of service as provided for in section 1.3.5.7, the Company shall not be liable for any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars; strikes, lockouts, work stoppages or other labor difficulties; preemption of existing services to restore service in compliance with Part 64, Subpart D, Appendix A, of the FCC's rules and regulations; and any law, order, regulation or other action of any governing authority or agency thereof
The Company shall be indemnified and saved harmless by the customer against:
(A) claims for libel, slander, invasion of privacy, or infringement of copyright, arising from the customer's use of the facilities;
(B) claims for infringement of patents arising from combining with, or using in connection with, facilities furnished by the Company, equipment, extensions and systems of the customer, and
(C) all other claims arising directly out of any acts or omissions of the customer, an authorized user, or others, in connection with any service provided by the Company
1.3.10.5 In no event shall the Company be liable to the Customer for any indirect, special, incidental, consequential, punitive, or exemplary loss or damage of any kind, including lost profits (whether or not the Company has been advised of the possibility of such loss or damages) by reason of any act or omission in its performance under this tariff
1.3.11 Restoration of Service
The use and restoration of service in emergencies shall be in accordance with Part 64, Subpart D of the Federal Communications Commission's Rules and Regulations, which specifies the priority system for such activities. (See Section 13.0 for Telecommunications Service Priority (TSP).)
1.4 General Charges
FUSF, Administrative Expense Fee and CCRC apply.
1.5 Special Access Surcharge: Special Access Surcharges for private line services will not be applied after receipt of an Exemption Certificate from the Customer. A credit, not to exceed three months, will be given for a private line surcharge imposed during the period prior to the receipt of the Exemption Certificate.
1.6 Customer Support Services charges apply.
2.0 DESCRIPTION OF SERVICE
2.1 Low Speed Channels
2.1.1 Application of Service
This section applies to the furnishing of the Company's Low Speed Channels from the Company's terminal locations to the offshore and overseas points set forth in Sections 3 through 12, 14, and 15
Service consists of providing synchronous communications channels for the transmission of digital signals at the following speeds:
Quarter Speed or 12.5 bps
Half Speed or 25 bps
Full Speed or 50 bps
75 bps
100 bps
150 bps
200 bps
300 bps
600 bps
1.2 kbps
The service is provided on a month-to-month commitment, and is provided on a full period basis (24 hours per day, 7 days per week)
2.2 Medium Speed Channels
2.2.1 Application of Service
This section applies to the furnishing of the Company's Medium Speed Channels from the Company's terminal locations to the offshore and overseas points set forth in Sections 3 through 12, 14, and 15
Service consists of providing duplex synchronous communication channels for the transmission of digital signals at the following speeds:
2.4 kbps
4.8 kbps
7.2 kbps
9.6 kbps
The service is provided on a month-to-month commitment, and is provided on a full duplex basis (24 hours a day, 7 days per week)
2.3 Voice Grade Channels
2.3.1 Application of Service
This section applies to the furnishing of the Company's Voice Grade Channels from the Company's terminal locations to the offshore and overseas points set forth in Sections 3 through 12, 14, and 15
Service consists of providing full duplex communications channels of telephone type quality. Channels are provided on a full period basis by the Company (24-hours per day, 7-days per week)
Such channels may be arranged for use as follows:
Option Channel Type Conditioning Rate
1 Basic Voice CCITT M1040 $ 0
2 Data/Alternate Voice Data (AVD) CCITT M1020 50
3 Simultaneous Voice Data (SVD) CCITT M1020 350
4 Speech +1 CCITT M1020 300
5 Speech +2 CCITT M1020 400
6 Speech +3 or Speech +4 CCITT M1020 500
Service is provided on a month-to-month commitment or on a term commitment of one year
2.3.2 Discontinuance of One Year Commitment
If a customer discontinues service prior to the expiration of a fixed term commitment, the customer will pay an Early Discontinuance Charge calculated as follows:
X = N (A - B)
Where: X is the Early Discontinuance Charge
N is the number of months of service (to include the required period for notice of discontinuance)
A is the current monthly recurring charge for a month-to-month commitment
B is the current monthly recurring charge for the customer's term of commitment
2.3.2.1 Exceptions to Early Discontinuance Charge
A. When a customer converts a given channel provided by the Company to another channel also provided by the Company from the same Company terminal to the same offshore or overseas point
B. As described in Section 1.3.5.4.2, Rate Increases
2.4 Skyline IBS Channels
2.4.1 Application of Service
This section applies to furnishing of the Company's Skyline IBS Channels from the Company's terminal locations to the overseas points set forth in Sections 3 through 12, 14, and 15
Service consists of providing duplex digital satellite communications channels routed primarily through Intelsat IBS space segments for the transmission of digital signals at the transmission speeds set forth in Sections 3 through 12, 14, and 15. Channels are provided on a full period basis by the Company (24 hours per day, 7 days per week)
2.4.2 A customer subscribes to a class of service defined by terminal of connection, channel speed, offshore or overseas point and customer term of commitment
2.4.3 Skyline IBS classes of service permit a customer to make month-to-month (3 month minimum) or one, three or five year term commitments
2.4.4 The minimum billing period for Skyline IBS month to month service is three months, and the minimum billing period for a Skyline IBS term of commitment of one year or greater is 12 months
2.4.5 Discontinuance of Service
2.4.5.1 Discontinuance of Fixed Term Commitments
Except as provided in Section 2.4.5.2, if a customer discontinues service prior to the expiration of a fixed term commitment, the customer will pay an Early Discontinuance Charge calculated as follows:
Case 1: In which a customer discontinues service within the first twelve months of service
X = N (A - B)
Case 2 : In which a customer discontinues service after the twelfth month of service
X = N(C - B)
Where: X is the Early Discontinuance Charge
N is the number of months of service (to include the required period for notice of discontinuance)
A is the current monthly recurring charge for a month to month commitment
B is the current monthly recurring charge for the customer's term of commitment
C is the current monthly recurring charge for the next lessor term of commitment equal to that actually fulfilled by the customer
Example - Case 1
A customer has made a 1-year commitment for a 56 kbps lease between the New York terminal and the United Kingdom, but discontinues after 5 months of service
1. The customer originally committed to a 12 month term, however, only retained the service for a period of 5 months
2. The then current monthly recurring charge for a month-to-month commitment for the channel is $2950
3. The current monthly recurring charge for the customer's term of commitment, i.e. 1 year is $2710
4. The equation is calculated as follows:
Early Discontinuance Charge = 5 ($2950 - 2710)
Early Discontinuance Charge = 5 ($240)
Early Discontinuance Charge = $1,200
Example - Case 2
A customer has made a 5-year commitment for a 56 kbps lease between the New York terminal and the United Kingdom, but discontinues after 40 months of service
1. The number of months the customer actually had service is 40
2. The current monthly recurring charge for the next lessor term of commitment equal to that actually fulfilled by the customer, i.e., 3 years for 56 kbps Skyline IBS Service from the New York Terminal to the United Kingdom, has a monthly recurring charge of $2570
3. The current monthly recurring charge for the customer's term of commitment, i.e., 5 years for 56 kbps Skyline IBS Service from the New York Terminal to the United Kingdom, has a monthly recurring charge of $2420
4. The equation is calculated as follows:
Early Discontinuance Charge = 40($2570 - $2420)
Early Discontinuance Charge = 40 ($150)
Early Discontinuance Charge = $6000
2.4.5.2 Exceptions to Early Discontinuance Charge
A. When a customer converts a given channel provided by the Company to another channel also provided by the Company from the same Company terminal to the same offshore or overseas point
B. As described in Section 1.3.5.4.2, Rate Increases
2.4.6 Expiration of Fixed Term Commitments
Unless the customer initiates a discontinuance, or renews his service for another term at the then current rate for that term at least 30 days prior to the expiration date of the current term, a term commitment will be automatically renewed for an additional one year term at the current rates for that term of commitment
2.5 Skyline SCPC Channels
2.5.1 Application of Service
This section applies to furnishing of the Company's Skyline Single Channel Per Carrier (SCPC) Channels from the Company's terminal locations to the offshore and overseas points set forth in Sections 3 through 12, 14, and 15
Service consists of providing digital satellite communications channels for the transmission of digital signals at the transmission speeds set forth in Sections 3 through 12, 14, and 15. Channels are provided on a full period basis by the Company (24 hours per day, 7 days per week)
2.6 Fiberline Channels
2.6.1 Application of Service
This section applies to furnishing of the Company's Fiberline Channels from the Company's terminal locations to the offshore and overseas points set forth in Sections 3 through 12, 14, and 15
Service consists of providing duplex digital communications channels routed primarily through fiber optic cable facilities for the transmission of digital signals at the transmission speeds set forth in Sections 3 through 12, 14, and 15. Channels are provided on a full period basis by the Company (24 hours per day, 7 days per week)
2.6.2 A customer subscribes to a class of service defined by terminal of connection, channel speed, offshore or overseas point and customer term of commitment
2.6.3 Fiberline Channel classes of service permit a customer to make month-to-month (3 month minimum) or one, three or five year term commitments
2.6.4 The minimum billing period for Fiberline month to month service is three months, and the minimum billing period for a Fiberline term of commitment of one year or longer is 12 months
2.6.5 Discontinuance of Service
2.6.5.1 Discontinuance of Fixed Term Commitments
Except as provided in Section 2.6.5.2 if a customer discontinues service prior to the expiration of a fixed term commitment, the customer will pay an Early Discontinuance Charge calculated as follows:
Case 1: In which a customer discontinues service within the first twelve months of service
X = N (A - B)
Case 2: In which a customer discontinues service after the twelfth month of service
X = N(C - B)
Where: X is the Early Discontinuance Charge
N is the number of months of service (to include the required period for notice of discontinuance)
A is the current monthly recurring charge for a month to month commitment
B is the current monthly recurring charge for the customer's term of commitment
C is the current monthly recurring charge for the next lessor term of commitment equal to that actually fulfilled by the customer
2.6.5.2 Exceptions to Early Discontinuance Charge
A. When a customer converts a given channel provided by the Company to another channel also provided by the Company from the same Company terminal to the same offshore or overseas point
C. As described in Section 1.3.5.4.2, Rate Increase
2.6.6 Expiration of Fixed Term Commitments
Unless the customer initiates a discontinuance, or renews his service for another term at the then current rate for that term at least 30 days prior to the expiration date of the current term, a term commitment will be automatically renewed for an additional one year term at the then current rates for that term of commitment
2.7 Skyline DOMSAT Channels
2.7.1 Application of Service
This section applies to the furnishing of the Company's Skyline DOMSAT Duplex Digital Satellite Channels from the Company's terminal locations to the offshore and overseas points set forth in Sections 3 through 12, 14, and 15
Service consists of providing duplex digital satellite communications channels routed primarily through Domestic space segments for the transmission of digital signals at the transmission speeds set forth in Sections 3 through 12, 14, and 15. Channels are provided on a full period basis by the Company (24 hours per day, 7 days per week)
2.7.2 A customer subscribes to a class of service defined by terminal of connection, channel speed, offshore or overseas point and term of commitment
2.7.3 Skyline DOMSAT classes of service permit a customer to make month-to-month (3 month minimum) or one, three or five year term commitments
2.7.4 The minimum billing period for Skyline DOMSAT month-to-month service is three months, and the minimum billing period for a Skyline DOMSAT term of commitment of one year or greater is 12 months
2.7.5 Discontinuance of Service
2.7.5.1 Discontinuance of Fixed Term Commitments
Except as provided in Section 2.7.5.2 if a customer discontinues service prior to the expiration of a fixed term commitment, the customer will pay an Early Discontinuance Charge calculated as follows:
Case 1: In which a customer discontinues service within the first twelve months of service
X = N (A - B)
Case 2: In which a customer discontinues service after the twelfth month of service
X = N(C - B)
Where: X is the Early Discontinuance Charge
N is the number of months of service (to include the required period for notice of discontinuance)
A is the current monthly recurring charge for a month to month commitment
B is the current monthly recurring charge for the customer's term of commitment
C is the current monthly recurring charge for the next lessor term of commitment equal to that actually fulfilled by the customer
2.7.5.2 Exceptions to Early Discontinuance Charge
A. When a customer converts a given channel provided by the Company to another channel also provided by the Company from the same Company terminal to the same offshore or overseas point
C. As described in Section 1.3.5.4.2, Rate Increase
2.7.6 Expiration of Fixed Term Commitments
Unless the customer initiates a discontinuance, or renews his service for another term at the then current rate for that term at least 30 days prior to the expiration date of the current term, a term commitment will be automatically renewed for an additional one year term at the then current rates for that term of commitment
13.0 Telecommunications Service Priority (TSP)