Prior to August 1, 2001, service was furnished under OTI Tariff FCC No. 4 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.
· OTI Tariff FCC No. 4 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 OTI Tariff FCC No. 4, 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 OTI Tariff FCC No. 4 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 OTI Tariff FCC. No. 4 and currently contained in this Guide.
· Except as noted in the preceding paragraph, the text of this Guide replicates the information contained in former OTI Tariff FCC No. 4 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.
SKYLINE VSAT SATELLITE SERVICES
1.0 DEFINITIONS
Bit: The smallest unit of information in the binary system of information.
C-Band: The frequency band which is used to communicate between an earth terminal and a satellite in which 6 GHz is used to transmit from the earth terminal to the satellite and 4 GHz is used to transmit from the satellite to the earth terminal.
Contiguous United States: The area within the boundaries of the District of Columbia and the 48 contiguous states as well as the offshore areas outside the boundaries of the coastal states of the 48 contiguous states (including the artificial islands, anchored vessels and fixed structures erected in such offshore areas for the purpose of exploring for, developing, removing and transporting resources therefrom) to the extent that such areas appertain to and are subject to the jurisdiction and control of the United States.
Customer Service Request: A standard Company form that includes pertinent billing, technical and other descriptive information, which will enable the Company to provide Skyline VSAT Service to the Customer.
Foreign Correspondent: The foreign administration or other telecommunications entity responsible for providing halfcircuits between the hypothetical midpoint and the terminating country.
Ku-Band: The frequency band which is used for communication between an earth terminal and a satellite in which 14 GHz is used to transmit from the earth terminal to the satellite and 11 or 12 GHz is used to transmit from the satellite to the earth terminal.
Satellite System: The telecommunications satellites and the tracking, telemetry, command, control, monitoring and related facilities and equipment which are owned by the
International Telecommunications Satellite Organization, "INTELSAT" or by other entities authorized to provide space segment service for communications between the United States and international points.
Skyline VSAT Service: The communications path utilizing communications satellite systems in a shared satellite network to relay digital communications between (l) a Company satellite earth station at the shared U.S. hub facility and (2) Very Small Aperture Terminals ("VSATs") in foreign countries.
Sun Outage: A service interruption due to an increase in system temperature due to the direct alignment of the receiving antenna, a satellite, and the sun. Sun outages disrupt service due to electro-magnetic noise radiated from the sun into the satellite antenna receiving system. Sun outages occur during two periods each year: a few days before and after the Vernal Equinox (late March) and the Autumnal Equinox (late September).
Satellite Coverage Area: The geographic area within the beam edge of a communications satellite.
U.S. Hub: A Skyline VSAT Service shared telecommunications earth station hub located in the United States.
U.S. Inroute Data Transmission: A time-division, multiple access transmission path from remote overseas VSAT locations within the satellite coverage area to the U.S. Hub.
U.S. Outroute Data Transmission: A time-division, multiplexed transmission path from the U.S. Hub to the VSATs at overseas remote locations within the satellite coverage area.
VSAT: A very small aperture terminal, and all associated equipment, with the capability of transmitting and receiving satellite communications between the U.S. hubs and remote locations.
2.0 APPLICATION OF TARIFF
(A) This tariff contains the regulations and rates applicable to the provision of Skyline VSAT Service by the Company, via space satellites and the Company earth stations, remote VSAT earth stations, and shared U.S. Hubs and such other facilities as may be necessary to complete the domestic transmission of two-way digital communications between points in the contiguous United States and foreign locations. Service is furnished subject to the availability of facilities and subject to transmission, atmospheric and like limitations.
(B) Interconnection between the Customer's premises or computer facilities and the Company's hubs must be made by the Customer by leased channel or dedicated facility provided by the Company. Leased channels obtained from the Company for interconnections of Customer premises or computer facilities to Company hubs are domestic leased channels and are not covered by this tariff.
(C) Skyline VSAT Service is a general offering of custom-designed telecommunications capabilities that meet specific customer requirements. Skyline VSAT Service will be designed by the Company based on customer-specific information and needs. Customized rates and other terms are specified in each Customer specific Plan set forth herein. Unless specifically otherwise provided for in a Plan, the general terms of this tariff in Sections 1 through 3 apply to the provision of Skyline VSAT Service. Skyline VSAT Service is generally available to Customers under conditions not substantially different from those specified in each Plan.
3.0 REGULATIONS
3.1 Undertaking of the Company
3.1.1 Scope
(A) Skyline VSAT Service is the furnishing of international circuits for the provision of point-to-multipoint service digital communications between shared U.S. Hubs and VSATs at remote locations overseas. Skyline VSAT Service shall include the provision and maintenance of earth station facilities, including necessary electronics, for applicable U.S. Hubs.
(B) The Company undertakes to provide Skyline VSAT Service in accordance with the terms and conditions set forth in this tariff.
(C) The rates and regulations contained in this tariff apply only to the services furnished by the Company between its hub terminals and appropriate foreign locations and do not otherwise apply to the connecting channels, facilities or services provided by any other common carrier.
3.1.2 Limitations
(A) The use and restoration of Skyline VSAT Service during emergency conditions shall be in accordance with the Federal Communications Commission's rules and requirements which specify the priority system for such services in emergencies.
(B) The Company may limit the use of service, or interrupt service, when necessary because of conditions beyond its control.
(C) Skyline VSAT Service provided where requisite authorizations can be obtained from appropriate governing bodies.
3.1.3 Liability
(A)
(B) The Company shall not be liable for:
(1)
(2)
(3)
(C)
(D)
(E)
(F) The Company assumes no responsibility for the availability or performance of the space satellite system and related facilities under the control of satellite system operators or for the availability of such satellite system and related facilities used for service to a Customer or User, except to the extent that such nonperformance or nonavailability is the result of the willful act of the Company. Such facilities hereunder are provided subject to such degree of protection or nonpreemptibility as may be assumed by satellite system operators.
3.2 Use of Service
(A) Skyline VSAT Service may be used:
(1) To transmit and/or receive digital communications of the Customer or its Users, or
(2) To provide digital communications service to the public in a manner consistent with the terms of this tariff and the policies and regulations of the Federal Communications Commission.
(B)
(C)
(D)
(E) Orders, including those for the installation, connection, repair or termination of service, will be accepted only from the Customer or its authorized agent.
(F) International private line 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.
(G)
3 Obligations of the Customer
(A)
(B)
(C)
(D)
(E)
(F)
(F) International Business 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.
(G)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
3.4 Service, Service Period, Payment Arrangements and Credit Allowances
3.4.1 Commencement of Service; Application for Service
(A) A Customer may authorize the purchase of services from the Company by way of telegraph or telephonic orders, a Customer Service Request form, or the Customer's own Purchase Order form or any other written means permitted by the Company. In the case of telegraphic or telephonic orders, the Customer shall send confirming Purchase Orders or Customer Service Request forms to the Company within two (2) weeks after issuing such telegraphic and/or telephonic orders. Notwithstanding the above, however, the Company shall be conclusively presumed to accept any Purchase Order which conforms with the terms of this tariff. Signing of the Customer Service Request or Purchase Order constitutes agreement by the Customer to purchase the services described in the Customer Service Request or Purchase Order.
(B) Change or Cancellation of an Application for Service
(i) Subject to the concurrence of the Company, an application for service may be changed by the
Customer upon written notice to the Company, provided that the Customer pays all direct and indirect costs incurred by the Company in accommodating any change, including leased channel charges, equipment charges, and cancellation charges payable to other common carriers.
(ii) Subject to the consent of the Company, an application for service may be cancelled by the Customer upon written notice to the Company. If an order is cancelled by the Customer prior to the commencement of service, the Customer is responsible for paying the tariff rate for the first 90 days of service, if cancellation occurs less than 30 days prior to the specified service date. If cancellation occurs more than 30 days before the specified service date, the Customer is responsible for payment of all direct and indirect costs incurred by the Company in preparing to furnish service up to the time of cancellation, less estimated net salvage.
3.4.2 Minimum Service Period; Extension
The Company offers Skyline VSAT Service for a minimum period of two and one-half years. Service is also available for longer periods in multiples of one year (e.g., four years, five years, six years, etc.). Service periods for Skyline VSAT Service may be extended upon written notice to the Company, for a period mutually agreed upon by the Company and the Customer. In the absence of written notice of extension, the service period will be continued on a month-to-month basis at the monthly rate in effect during the preceding service period. In the event of an extension, all terms and conditions of this tariff shall remain in full force and effect.
3.4.3 Payment of Charges
(A) Charges for services are billed in advance. The Company reserves the right to charge the Customer an interest penalty of the lower of either (1) 1% per month, or (2) the maximum rate allowed by law for any payment not received within 30 days of invoice date. Nonrecurring charges will be billed upon completion of each activity for which there is a nonrecurring charge. Monthly recurring charges will be billed on a monthly basis for Skyline VSAT Service.
(B) In the event the Company's ability to commence service in a timely manner is delayed due to the nonperformance by the Customer of any obligation set forth in this tariff, the Customer shall pay to the Company amounts equal to the monthly out-of-pocket charges specific to that service (e.g., charges for telephone company lines, space segment, etc.) which would have been paid had the Company been able to commence service, unless such nonperformance is due to causes beyond the Customer's control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots, wars or embargoes; strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof.
(C)
3.4.4 Termination and Suspension
(A) The Customer may terminate Skyline VSAT Service upon advance notice to the Company, subject to the limitations and requirements specified in Section 3.4.4. The Company requires that such advance notice be in writing. The minimum notice period for termination of Skyline VSAT Service is ninety (90) days.
(B) The Company may terminate for cause Skyline VSAT Service after suspension of service for
nonpayment, or noncompliance with any provision of this tariff if such nonpayment or noncompliance is not corrected within ten (10) days following the suspension of service.
(C)
3.4.5 Temporary Suspension of Skyline VSAT Service
Except as otherwise provided in Section 3.4.6, when service is temporarily surrendered by the Customer at the request of the Company, a credit allowance, determined in the same manner as an Allowance for Service Interruption will be made. The Company reserves the right to interrupt service for routine maintenance of apparatus used to provide service. The Company will use its best efforts to give no less than 24 hours notice to the Customer indicating the time and anticipated length of the interruption.
3.4.6 Allowances for Service Interruptions
(A) No credit allowance will be made for interruptions due to: reasonable periodic maintenance performed by or on behalf of the Company; sun outages or outages due to atmospheric conditions (Company will inform customers of sun outages in the United States and the terminating point approximately 2 months in advance); any failure on the part of the Customer to perform the Customer obligations specified in Section 3.3; failure of facilities provided by the Customer or a User; additions or changes to the service ordered by the Customer; cooperative testing or repair as specified in Section 3.3, except where trouble or fault is found in Company-provided facilities; any other act or failure to act by the Customer or User; failures or malfunctions of facilities of any other common carrier; or any other causes beyond the Company's control.
(B) If service is interrupted due to causes other than those specified in Section 3.4.6 (A), credit allowances for the monthly recurring charge of service will be made pursuant to the following conditions:
(1) The length of an interruption shall be measured from the time the Company receives notification of the interruption to the time service has been restored.
(2) In the event that an interruption results from an outage of the satellite system, the Company's liability for credit shall be limited to the credit received by the Company from the provider of satellite system facilities used for Skyline VSAT Service.
(3) The Company reserves the right to verify service interruptions before providing a credit allowance.
(C) If the aggregate total number of minutes of outage exceeds .5% of the aggregate number of minutes of services scheduled during a given month (for all VSAT units online at the end of such month), the Company shall then provide a credit to Customer or, at Customer's option promptly pay to Customer at its written request an amount calculated as follows:
A = (B X D)/E
Where A = The outage credit;
B = Total amount charged for service during the month;
D = Total number of minutes of outage for all in-service VSATs for such month in excess of the .5% allowance; and
E = Total number of minutes of scheduled service time for all in-service VSATs during the applicable month.
3.4.7 Connections
(A) When Skyline VSAT Service furnished under this tariff is used in connection with facilities provided by a Customer or a User, the operating characteristics of such facilities shall be such as not to interfere with any other service offered by the Company. The use of such facilities shall not: endanger the safety of Company employees or the public; damage or require
change in or alteration of facilities of the Company; interfere with the proper functioning of such facilities; or otherwise injure the public in its use of the Company's services. Upon notice from the Company that any facility provided by the Customer or its user is causing or is likely to cause such hazard or interference, the customer shall take such steps as shall be necessary to remove or prevent such hazard or interference.
4.0 CUSTOMER SPECIFIC PLANS
4.1 Plan A -- Additions and/or exceptions to the regulations in Sections 1 through 3 preceding relevant to Plan A are set forth in this Section 4.
4.1.1 Plan A includes the provision of two-way Skyline VSAT Service via a shared hub located at Alpharetta, Georgia using Ku-band capacity on the Intelsat VI satellite at orbital slot 335.5 degrees East. The Service shall provide an end-to-end bit error rate (BER - Skyline VSAT-to-hub or hub-to-Skyline VSAT) of 10-7, available 99.5% of the time on a monthly basis. Skyline VSAT Service under Plan A is available within the satellite coverage area to all the countries listed below:
United Kingdom France
Belgium Netherlands
Germany
4.1.2 The following rates apply to Skyline VSAT service provided under Plan A:
Monthly Recurring Charge
No. of VSATs in-service Per VSAT
at end of month 5 Year Term Commitment
150 to 199 $415.00
200 to 299 $385.00
300 to 399 $355.00
over 399 $340.00
4.1.3 Minimum Overseas Locations
Prior to the commencement of service, Customers subscribing to Skyline VSAT Services under Plan A must designate a minimum number of overseas VSAT locations. During the first eighteen months of the Customer's service term, Customer shall pay for Skyline VSAT service at the rate specified in Section 4.1 for the actual number of in-service VSATs. If Customer has not ordered the minimum number of overseas VSAT locations after the first eighteen (18) months of the Customer's term, Customer shall pay for Skyline VSAT service at rates no less than the rates applicable to the minimum number of overseas VSATs previously designated by the Customer for the remainder of the Customer's term.
4.1.4 Cancellation or Delay of Start of Service
(A) Unless provided otherwise, in the event that any VSAT installation, which is required for the Start of Service, is canceled by a Plan A Customer and is not rescheduled for any reason not related to the fault or negligence of the Company or is canceled by the Company by reason of the breach of the responsibilities of the Customer or a User, the Customer agrees to pay the Company for the actual documented out-of-pocket costs it reasonably incurs.
(B) For any VSAT installation delayed solely due to the fault of a Customer or User, the Customer shall pay the Company $100 per month from the date the VSAT would have been installed without such delay until such time as the VSAT is Available for Service.
4.1.5 Allowances for Service Interruptions: Substantial Network Failure
Under this Plan, the duration of an interruption of service shall be measured from the time that the Customer notifies the Company (orally or in writing), or the Company otherwise becomes aware, that the service has been restored. No further verification shall be required.
In addition to credit given pursuant to Section 3.4.6, credit will be given when a failure of the Company's services or facilities cause either (1) the U.S. Hub, or (2) more than 20% of the VSATs in foreign locations to fail to operate at one time. During the first nine months of a Customer's service term, no additional outage credit shall be given if more than 20% of the VSATs fail to operate unless the U.S. Hub also fails to operate.
(A) Non-Prime Time Outage - No additional credit will be given for outages occurring between the hours of 6:00 p.m. and 11:59 p.m. (U.S. Eastern Time) if the Customer receives at least 7 days advance written notice by the Company, unless such notice or notice period is waived by Customer; and (b) total outage time does not exceed 20% of the total number of minutes of scheduled service time during non-prime time hours in any given month.
If the Customer does not receive at least 7
days advance notice (unless notice is waived) or if the amount of non-prime time outage exceeds the 20% standard amount noted above, the non-prime time outage for which less than 7 days notice was given or the amount in excess of such 20% standard, shall be included in the calculation of Prime Time Outage set forth below.
(B) Prime Time Outage - If a substantial network failure occurs between 12:00 a.m. (midnight) and 6:00 p.m. (U.S. Eastern Time), Customer will be given an additional outage credit based on the following formula and schedule:
P = (D/S) X 100
Where P = Percentage of Prime Time hours downtime
D = Number of minutes of downtime during Prime Time hours (plus any downtime during Non-Prime Time hours which is to be included in Prime Time hours downtime) in a given month; and
S = Total number of minutes of scheduled service time during Prime Time hours in a given month
(C) Additional Outage Credit -
Under the conditions set forth in this tariff, Customer shall also receive the following additional outage credit:
Percentage of Prime Additional
Time Hours of Downtime Outage Credit
0% to < .5% - No additional outage
credit
0.5% to < 1.0% - $0.025 per minute of downtime per affected site
1.0% to < 6.7% - $0.10 per minute of
downtime per affected site
6.7% or greater - If the percentage of
Primetime hours exceeds 6.7% of the scheduled service time in a month (i) on two or more occasions during the first 18 months of the term, or (2) on one or more occasions during any month following the first 18 months of the Customer's service term, Customer may terminate service at no cost or termination penalty or elect to receive and additional outage credit of $.20 per minute of downtime per affected site
(D) Limitation of Outage Credits. The aggregate amount of Outage Credits owed by the Company in any one month shall not exceed an amount equal to the total amount owed by the Customer based on the Customer's service order contract during that month.
4.1.6 Other Provisions
(A) As between the Company and the Customer, the Company shall be responsible for all acts or omissions of its subcontractors occurring within the scope of the Company's employment of its subcontractors and in connection with the Company's provision of service to the Customer under the terms of this tariff.
(B) Under this plan, the Company shall not install any facilities for this Service in an explosive atmosphere as defined in Section 3.1.3(E) of this tariff.
(C) A Customer is obligated to use reasonable efforts to cause an Authorized User of the Service to
provide the Company and its contractors access to premises of an Authorized User.
4.2 Plan B -- Additions and/or exceptions to the regulations in Sections 1 through 3 preceding relevant to Plan B are set forth in this Section 4.2.
4.2.1 Plan B includes the provision of two-way Skyline VSAT Service via a shared hub located at Andover, Maine using C-band capacity on the Intelsat VI satellite at orbital slot 325.5 degrees East. The Service shall provide an end-to-end bit error rate (BER) of 10(-7), available 99.5% of the time on a monthly basis. Skyline VSAT Service under Plan B is available to selected countries in Mexico, Central and South America.
4.2.2 The following rates apply to Skyline VSAT service provided under Plan B:
Monthly Recurring Charge
No. of VSATs in-service Per VSAT' at end of month 5 Year Term Commitment
0 to 49 $1,609.00
50 to 100 $1,374.00
101 to 200 $1,256.00
201 to 300 $1,035.00
over 300 $ 784.00
4.2.3 Minimum Overseas Locations
Prior to the commencement of service, Customers subscribing to Skyline VSAT Services under Plan B must designate a minimum number of overseas VSAT locations. During the first eighteen months of the Customer's service term, Customer shall pay for Skyline VSAT service at the rate specified in Section 4.2.2 for the actual number of in-service VSATs. If Customer has not ordered the minimum number of overseas VSAT locations after the first eighteen (18) months of the Customer's term, Customer shall pay for Skyline VSAT service at rates no less than the rates applicable to the minimum number of overseas VSATs previously designated by the Customer for the remainder of the Customer's term.
4.2.4 Cancellation or Delay of Start of Service
(A) Unless provided otherwise, in the event that any VSAT installation, which is required for the start of service, is cancelled by a Plan B customer and is not rescheduled for any reason not related to
the fault or negligence of the Company or is cancelled by the Company by reason of the breach of the responsibilities of the Customer or a User, the Customer agrees to pay the Company for the actual documented out-of-pocket costs it reasonably incurs.
(B) For any VSAT installation delayed solely due to the fault of a Customer or User, the Customer shall pay the Company $100 per month from the date the VSAT would have been installed without such delay until such time as the VSAT is Available for Service.
4.2.5 Allowances for Service Interruptions: Substantial Network Failure
Under this Plan, the duration of an interruption of service shall be measured from the time that the Customer notifies the Company (orally or in writing), or the Company otherwise becomes aware, that the service has been restored. No further verification shall be required.
In addition to credit given pursuant to Section 3.4.6, credit will be given when a failure of the Company's services or facilities cause either (1) the U.S. Hub, or (2) more than 20% of the VSATs in foreign locations to fail to operate at one time. During the first nine months of a Customer's service term, no additional outage credit shall be given if more than 20% of the VSATs fail to operate unless the U.S. Hub also fails to operate.
(A) Non-Prime Time Outage - No additional credit will be given for outages occurring between the hours of 12:01 a.m. and 5:59 a.m. (U.S. Eastern Time) if the Customer receives at least 7 days advance written notice by the Company, unless such notice or notice period is waived by Customer; and (b) total outage time does not exceed 20% of the total number of minutes of scheduled service time during non-prime time hours in any given month.
(B) Prime Time Outage - If a substantial network failure occurs between 6:00 a.m. and 12:00 a.m. (midnight) (U.S. Eastern Time), Customer will be given an additional outage credit based on the following formula and schedule:
P = (D/S) X 100
Where P = Percentage of Prime Time hours downtime
D = Number of minutes of downtime during Prime Time hours (plus any downtime during Non-Prime Time hours which is to be included in Prime Time hours downtime) in a given month; and
S = Total number of minutes of scheduled service time during Prime Time hours in a given month
(C) Additional Outage Credit -
Under the conditions set forth in this tariff, Customer shall also receive the following additional outage credit:
Percentage of Prime Additional
Time Hours of Downtime Outage Credit
0% to < .5% - No additional outage
credit
0.5% to < 1.0% - $0.025 per minute of downtime per affected site
1.0% to < 6.7% - $0.10 per minute of
downtime per affected site
6.7% or greater - If the percentage of Primetime hours exceeds 6.7% of the scheduled service time in a month (i) on two or more occasions during the first 18 months of the term, or (ii) on one or more occasions during any month following the first 18 months of the Customer's service term, Customer may terminate service at no cost or termination penalty or elect to receive an additional outage credit of $.20 per minute of downtime per affected site
(D) Limitation of Outage Credits. The aggregate amount of Outage Credits owed by the Company in any one month shall not exceed an amount equal to the total amount owed by the Customer based on the Customer's service order contract during that month. Further, notwithstanding any provision to the contrary, the Company shall not be obligated to pay any Additional Outage Credits during the first nine months following the commencement of network operations unless the U.S. hub fails to operate in accordance with the provisions set forth herein.
4.2.6 Other Provisions
(A) As between the Company and the Customer, the Company shall be responsible for all acts or omissions of its subcontractors occurring within the scope of the Company's employment of its subcontractors and in connection with the Company's provision of service to the Customer under the terms of this tariff.
(B) Under this plan, the Company shall not install any facilities for this Service in an explosive atmosphere as defined in Section 3.1.3(E) of this tariff.
(C) A Customer is obligated to use reasonable efforts to cause an Authorized User of the Service to provide the Company and its contractors access to premises of an Authorized User.
4.3 Plan C -- Additions and/or exceptions to the regulations in Sections 1 through 3 preceding relevant to Plan C are set forth in this section 4.3.
4.3.1 Plan C includes the provision of two-way Skyline VSAT Service via a shared hub located at Atlanta, GA using Ku-band capacity on the Intelsat VI satellite at orbital slot 335.5 degrees East. The Service shall provide an end-to-end bit error rate (BER) of 10(-7), available 99.5% of the time on a monthly basis. Skyline VSAT Service under Plan C is available to selected countries in Europe.
4.3.2 The following rates apply to Skyline VSAT service provided under Plan C:
Monthly Recurring Charge
No. of VSATs in-service Per VSAT at end of month 5 Year Term Commitment
0 to 6 $1,875.00
7 or 8 $1,825.00
9 or 10 $1,775.00
11 or 12 $1,675.00
13 to 15 $1,550.00
16 to 19 $1,375.00
20 $1,150.00
4.3.3 Minimum Overseas Locations
Prior to the commencement of service, Customers subscribing to Skyline VSAT Services under Plan C must designate a minimum number of overseas VSAT locations. During the first twelve months of the Customer's service term, Customer shall pay for Skyline VSAT service at the rate specified in Section 4.3.2 for the actual number of in-service VSATs. If he minimum number of overseas VSATs have not been made available for service by the end of the first twelve months of the Customer's term, the Customer shall pay for Skyline VSAT service at rates no less than the rates applicable to the minimum number of VSATs for the remainder of the term.
4.3.4 Cancellation or Delay of Start of Service
(A) Unless provided otherwise, in the event that any VSAT installation, which is required for the start of service, is cancelled by a Plan C customer and is not rescheduled for any reason not related to the fault or negligence of the Company or is cancelled by the Company by reason of the breach of the responsibilities of the Customer or a User,
the Customer agrees to pay the Company for the actual documented out-of-pocket costs it reasonably incurs.
(B) For any VSAT installation delayed solely due to the fault of a Customer or User, the Customer shall pay the Company $100 per month from the date the VSAT would have been installed without such delay until such time as the VSAT is Available for Service.
4.4 Plan D -- Additions and/or exceptions to the regulations in Sections 1 through 3 preceding relevant to Plan D are set forth in this section 4.4.
4.4.1 Plan D includes the provision of two-way Skyline VSAT Service via a shared hub located at Andover, ME using C-band capacity on the Intelsat VI satellite at orbital slot 325.5 degrees East. The Service shall provide an end-to-end bit error rate (BER) of 10(-7), available 99.5% of the time on a monthly basis. Skyline VSAT Service under Plan D is available to selected countries in Central America, South America and the Caribbean.
4.4.2 The following rates apply to Skyline VSAT service provided under Plan D:
Monthly Recurring Charge
No. of VSATs in-service Per VSAT at end of month 5 Year Term Commitment
36 $1,041.00
4.4.3 Minimum Overseas Locations
Prior to the commencement of service, Customers subscribing to Skyline VSAT Services under Plan D must designate a minimum number of overseas VSAT locations. During the first twelve months of the Customer's service term, Customer shall pay for Skyline VSAT service at the rate specified in Section 4.4.2 for the designed number of VSATs actually in service. If the minimum number of overseas VSATs have not been made available for service by the end of the first eight (8) months of the Customer's term, the Customer shall pay for Skyline VSAT service at rates no less than the rates applicable to the minimum number of VSATs for the remainder of the term.
4.4.4 Cancellation or Delay of Start of Service
(A) Unless provided otherwise, in the event that any VSAT installation, which is required for the start of service, is cancelled by a Plan D customer and is not rescheduled for any reason not related to the fault or negligence of the Company or is cancelled by the Company by reason of the breach of the responsibilities of the Customer or a User, the Customer agrees to pay the Company for the actual documented out-of-pocket costs it reasonably incurs.
(B) For any VSAT installation delayed solely due to the fault of a Customer or User, the Customer shall pay the Company $100 per month from the date the VSAT would have been installed without such delay until such time as the VSAT is Available for Service.
4.5 Plan E -- Additions and/or exceptions to the regulations in Sections 1 through 3 preceding relevant to Plan E are set forth in this section 4.5.
4.5.1 Plan E includes the provision of two-way Skyline VSAT Service via a shared hub located at Andover, ME using C-band capacity on the Intelsat VI satellite at orbital slot 325.5 degrees East. The Service shall provide an end-to-end bit error rate (BER) of 10(-7), available 99.5% of the time on a monthly basis. Skyline VSAT Service under Plan E is available to selected countries in Latin America and South America.
4.5.2 The following rates apply to Skyline VSAT service provided under Plan E:
Monthly Recurring Charge
No. of VSATs in-service 5 Year Term Commitment
6 $12,260 per Network
$ 725 per VSAT
4.5.3 Minimum Overseas Locations
Prior to the commencement of service, Customers subscribing to Skyline VSAT Services under Plan E must designate a minimum number of overseas VSAT locations. During the first twelve months of the Customer's service term, Customer shall pay for Skyline VSAT service at the rate specified in Section 4.5.2 for the
designated number of VSATs actually in service. If the minimum number of overseas VSATs have not been made available for service by the end of the first twelve (12) months of the Customer's term, the Customer shall pay for Skyline VSAT service at rates no less than the rates applicable to the minimum number of VSATs for the remainder of the term.
4.5.4 Cancellation or Delay of Start of Service
(A) Unless provided otherwise, in the event that any VSAT installation, which is required for the start of service, is cancelled by a Plan E customer and is not rescheduled for any reason not related to the fault or negligence of the Company or is cancelled by the Company by reason of the breach of the responsibilities of the Customer or a User, the Customer agrees to pay the Company for the actual documented out-of-pocket costs it reasonably incurs.
(B) For any VSAT installation delayed solely due to the fault of a Customer or User, the Customer shall pay the Company $100 per month from the date the VSAT would have been installed without such delay until such time as the VSAT is Available for Service.
4.6 Plan F -- Additions and/or exceptions to the regulations in Sections 1 through 3 preceding relevant to Plan F are set forth in this section 4.6.
4.6.1 Plan F includes the provision of two-way Skyline VSAT Service via a shared hub located at Andover, ME using C-band capacity on the Intelsat VI satellite at orbital slot 325.5 degrees East. The Service shall provide an end-to-end bit error rate (BER) of 10(-7), available 99.5% of the time on a monthly basis. Skyline VSAT Service under Plan F is available to selected countries in the Caribbean Islands, Central America, and South America.
4.6.2 The following rates apply to Skyline VSAT service provided under Plan F:
Monthly Recurring Charge
No. of VSATs in-service 5 Year Term Commitment*
8 $ 3,641 per Network
$ 667 per VSAT
*Prior to June 30, 1995, Network charges specified in Section 4.6.2 will be $455 per VSAT in service for the initial 8 sites.
4.6.3 Minimum Overseas Locations
Prior to the commencement of service, customers subscribing to Skyline VSAT Services under Plan F must designate a minimum number of overseas VSAT locations. Customer shall pay for Skyline VSAT service at the rate specified in Section 4.6.2 for the designated number of VSATs actually in service until June 30, 1995. Beginning June 30, 1995, and for the remainder of the term, if the minimum number of overseas VSATs have not been made available for service, the customer shall pay for Skyline VSAT service at rates no less than the rates applicable to the minimum number of VSATs.