Submitted 2/1/2016 Effective 2/1/2016. CPUC Utility # U-5617-C. ITS Integrated Telemanagement Services, Inc.

Transcription

1 Submitted 2/1/2016 Effective 2/1/2016 Annual Tariff 2016 Filing CPUC Utility # U-5617-C ITS Integrated Telemanagement Services, Inc Guardian Street Suite 110 (805)

2 4100 Guardian Street, Suite 110 Sheet No. 2 TARIFF REVISION CHECK SHEET Current sheets in this tariff are as follows: Revision Sheet # Description Revised 1/15 2 Revision Sheets Revised 1/15 3 Revision Sheets Revised 1/15 4 Revision Sheets Revised 1/15 5 Revision Sheets Revised 1/11 6 Table of Contents Revised 1/11 7 Table of Contents Revised 1/11 8 Table of Contents Revised 1/11 9 Table of Contents Revised 1/11 10 Table of Contents Revised 1/ PRELIMINARY STATEMENT Revised 1/08 11 General Information Revised 1/13 11 Application of Tariff Revised 1/08 11 Availability of the Company s Tariff Revised 1/08 12 Symbols and Abbreviations Revised 1/ REGULATIONS Original 13 Rule No. 1 Definitions Original 14 Rule No. 1 Definitions (continued) Original 15 Rule No. 2 Description of Service Revised 1/12 15 Rule No. 3 Application for Service Original 15 General Revised 1/08 16 Cancellation of Application for Service Revised 1/08 16 Cancellation of Service Revised 1/12 17 Terms and Conditions Revised 1/12 17 Rule No. 4 Contracts Revised 1/12 17 Rule No. 5 Special Information Required on Forms Revised 1/12 17 Customer Bills Original 18 Deposit Receipt Original 18 Rule No. 6 Establishment and Reestablishment of Credit Original 18 Rule No. 7 Advance Payments, Deposits, and Guarantors Original 18 Advance Payments Revised 1/12 18 Deposits Original 19 Requirement Original 19 Nondiscrimination Revised 1/12 19 Amount Original 19 Refund upon Discontinuance Original 19 Refund after Satisfactory Payment Revised 1/12 20 Deposits Not Required Original 20 Prorating of Bills Revised 1/12 20 Rule No. 8 Notices Revised 1/09 21 Rule No. 9 Rendering and Payment of Bills

3 4100 Guardian Street, Suite 110 Sheet No. 3 Revision Sheet # Description Revised 1/09 21 Responsibility of Customer Revised 1/12 22 Billing and Collection of Charges Revised 1/12 22 Taxes and Surcharges Revised 1/08 22 Unbilled Charge Revised 1/08 22 Returned Check Charge Revised 1/12 23 Rule No. 10 Disputed Bill Procedure Revised 1/12 24 Rule No. 11 Discontinuance and Restoration of Service Original 24 Reasons for Discontinuance of Service Revised 1/12 24 Restoration of Service Revised 1/12 25 Rule No. 12 Optional Rates and Information to be Provided to the Public Original 25 Rule No. 13 Temporary Service Original 26 Rule No. 14 Continuity of Service Revised 1/12 26 Interruptions in Service Original 26 Use and Restoration of Service in Emergencies Original 26 Rule No. 15 Reserved for future use Original 26 Rule No. 16 Service Connections and Facilities on Customer s Premises Original 27 Rule No. 17 Mileage Measurement Revised 1/12 28 Rule No. 18 Limitation of Liability Original 28 Directory Errors Original 29 Rule No. 19 Limitations of Service Original 29 Rule No. 20 Use of Service Original 30 Use and Ownership of Equipment Original 30 Rule No. 21 Responsibilities of the Customer Original 31 Rule No. 22 Change of Service providers Revised 1/12 31 Solicitation for Customer Authorization for Service Termination and Transfer Original 31 Unauthorized Service Termination and Transfer Original 31 Rule No. 23 Blocking Access to 900 and 976 Information Services Original 32 Rule No. 24 California Relay Service Original 32 Liability Original 32 Rule No. 25 Emergency Telephone Number Service (911 Services) Original 32 Rule No. 26 Minimum Period of Service Original 33 Rule No. 27 Privacy Original 33 Rule No. 28 Demarcation Points Original 33 Responsibilities Original 34 Local Loop Demarcation Point Original 34 Local Loop Demarcation Point Exceptions Original 35 Intra building Network Cable (INC) Demarcation Point Original 35 Inside Wire Demarcation Point Original 36 Continuous Property Demarcation Point Original 36 Continuous Property Defined

4 4100 Guardian Street, Suite 110 Sheet No. 4 Revision Sheet # Description Original 36 Demarcation Point Revised 1/08 38 Rule No. 29 Forms Revised 1/12 38 Service Agreement Form Revised 1/12 39 Service Order Confirmation Form Revised 1/08 40 ITS Invoice Form Revised 1/08 41 ITS Invoice Form (continued) Original SPECIAL CONDITIONS Original 42 Special Construction Revised 1/08 42 Basis for Charges Revised 1/08 42 Termination Liability Revised 1/08 42 Termination Liability Amount Revised 1/08 43 Termination Liability Calculation Revised 1/08 43 Non routine Installation and/or Maintenance Revised 1/08 43 Individual Case Basis (ICB) Arrangements Original [RESERVED FOR FUTURE USE] Revised 1/ SERVICE AREA Revised 1/ SERVICE RATES AT&T Revised 1/16 46 AT&T Territory Charges Revised 1/16 46 AT&T Line Charges Revised 1/16 46 AT&T Line Features Revised 1/16 47 AT&T Line Features (continued) Revised 1/16 47 AT&T ISDN BRI Circuits Revised 1/12 47 AT&T Misc. Line Charges Revised 1/14 47 AT&T Centrex Line Charges Revised 1/14 48 AT&T Centrex Line Features Revised 1/15 49 AT&T Classic Centrex Calling Features Revised 1/13 49 AT&T Pay Per Use Calling Features Revised 1/16 49 AT&T Taxes and Other Related Charges Revised 1/ SERVICE RATES VERIZON Revised 1/16 50 Verizon Territory Charges Revised 1/16 50 Verizon Line Charges Revised 1/16 50 Verizon ISDN PRI Circuits Revised 1/12 50 Verizon Misc. Line Charges Revised 1/15 51 Verizon Line Features Revised 1/12 51 Verizon Pay Per Use Calling Features Revised 1/12 51 Verizon CentraNet Line Charges Revised 1/15 52 Verizon CentraNet Feature Packages Revised 1/12 52 Verizon Centranet Optional Features Revised 1/12 53 Verizon Misc. Services Revised 1/16 53 Verizon Taxes and Other Related Charges Revised 1/ DESCRIPTION OF FEATURES Revised 1/09 54 Description of Features Revised 1/09 55 Description of Features (continued)

5 4100 Guardian Street, Suite 110 Sheet No. 5 Revision Sheet # Description Revised 1/ DIRECTORY LISTING SERVICE Revised 1/11 56 Directory Listing Service Revised 1/14 56 Directory Listing AT&T & Verizon Areas Revised 1/08 56 Service Description Revised 1/10 56 First Directory Listing Revised 1/10 56 Additional Listing Revised 1/08 57 Non Published Number Revised 1/10 57 Directory Assistance Listing Revised 1/15 57 Direct Dial Revised 1/11 57 Operator Assisted Revised 1/08 58 Call Completion Revised 1/08 58 Description of Service Revised 1/09 58 Voice Mail Revised 1/10 58 Enhanced Omni Mail Revised 1/09 58 Description of Service Revised 1/12 58 Other Voice Mail Revised 1/ CONFERENCE CALLING Revised 1/ PRIMARY INTER EXCHANGE CARRIER CHARGES Revised 1/09 60 AT&T Area Revised 1/09 60 Verizon Area Revised 1/09 60 Description of Service Revised 1/10 60 Misc. Service Revised 1/10 60 AT&T and Verizon Areas Revised 1/ USAGE RATES Revised 1/16 61 The Best Plan Revised 1/16 62 Unlimited Plan Revised 1/16 63 Dedicated Flat Rate Revised 1/12 64 Voice T1 and PRI Services New 1/14 64 Virtual Telephone Number (VTN) Service Revised 1/12 65 Calling Bundles Revised 1/12 65 T1 Features Revised 1/14 66 T1 Features (Continued) Revised 1/12 67 T1 Misc & Expedite Charges Revised 1/12 68 T1 Misc & Expedite Charges (continued) Removed 1/16 69 VoIP for Business Bundle

6 4100 Guardian Street, Suite 110 Sheet No. 6 TABLE OF CONTENTS Description Sheet # Revision Sheets 2 Table of Contents 6 1. Preliminary Statement General Information Application of Tariff Availability of the Company s Tariff Symbols and Abbreviations Symbols Abbreviations Regulations Rule No. 1 Definitions Rule No. 2 Description of Service Rule No. 3 Application for Service General Cancellation of Application for Service Cancellation of Service Terms and Conditions Rule No. 4 Contracts Rule No. 5 Special Information Required on Forms Customer Bills Rule No. 5 Special Information Required on Forms (Cont d) Deposit Receipt Rule No. 6 Establishment and Reestablishment of Credit Rule No. 7 Advance Payments, Deposits, and Guarantors Advance Payments Deposits Requirement Nondiscrimination Amount Refund upon Discontinuance Refund after Satisfactory Payment Deposits Not Required Prorating of Bills Rule No. 8 Notices Rule No. 9 Rendering and Payment of Bills Responsibility of Customer Billing and Collection of Charges Taxes and Surcharges 22

7 4100 Guardian Street, Suite 110 Sheet No Unbilled Charges Returned Check Charge Rule No. 10 Disputed Bill Procedure Rule No. 11 Discontinuance and Restoration of Service Reasons for Discontinuance of Service Restoration of Service Rule No. 12 Optional Rates and Information to be provided to the Public Rule No. 13 Temporary Service Rule No. 14 Continuity of Service Interruptions in Service Use and Restoration of Service in Emergencies Rule No. 15 [RESERVED FOR FUTURE USE] Rule No. 16 Service Connections and Facilities on Customers Premises Rule No. 17 Mileage Measurement Rule No. 18 Limitation of Liability Directory Errors Rule No. 19 Limitations of Service Rule No. 20 Use of Service Use and Ownership of Equipment Rule No. 21 Responsibilities of the Customer Rule No. 22 Change of Service Providers Solicitation for Customer Authorization for Service Termination and Transfer Unauthorized Service Termination and Transfer Rule No. 23 Blocking Access to 900 and 976 Information Services Rule No. 24 California Relay Service Liability Rule No. 25 Emergency Telephone Number Service (911 Service) Rule No. 26 Minimum Period of Service Rule No. 27 Privacy Rule No. 28 Demarcation Point Responsibilities Local Loop Demarcation Point Local Loop Demarcation Point Exceptions Intra building Network Cable (INC) Demarcation Point Inside Wire Demarcation Point Continuous Property Demarcation Point Continuous Property Defined Demarcation Point Rule No. 29 Forms Application for Service and Related Forms Service Agreement Service Order Confirmation Form 39

8 4100 Guardian Street, Suite 110 Sheet No ITS Invoice Form Special Conditions Special Construction Basis for Charges Termination Liability Termination Liability Amount Termination Liability Calculation Non routine Installation and/or Maintenance Individual Case Basis (ICB) Arrangements [Reserved for Future Use] Service Area Service Rates AT&T AT&T Territory Charges AT&T Line Charges AT&T Line Features AT&T Line Features (continued) ISDN BRI Circuits AT&T Misc. Line Charges AT&T Centrex Lline Charges AT&T Centrex Line Features CLASSIC CENTREX FEATURE PACKAGE AT&T Pay Per Use Calling Features Taxes and other Regulated Charges AT&T Territories Service Rates Verizon Verizon Territory Charges Verizon Line Charges ISDN PRI Circuits require a minimum two year term Verizon Misc. Line Charges Verizon Line Features Verizon Pay Per Use Calling Features Verizon Centranet Line Charges Verizon Centranet Line Charges (continued) CentraNet Feature Packages/Add l To line charge CentraNet Optional Features Verizon Miscellaneous Services Taxes and other Regulated Charges Verizon Territories Description of Features Description of Features Description of Features (Cont d) Directory Listing Service Directory Listing Service AT&T & Verizon Areas 56

9 4100 Guardian Street, Suite 110 Sheet No Service Description First Directory Listing Additional Listing Non published number Directory Assistance Direct Dial Operator Assisted Call Completion Description of Service Voice Mail Enhanced Omni Mail Description of Service Other Voice Mail Conference Calling Conference Calling Conference Solutions Primary Inter Exchange Carrier Charges Primary Inter exchange Carrier Charges AT&T Areas Verizon Areas Description of Service Miscellaneous Services AT&T and Verizon Areas Usage Rates The ITS Best Plan Product Description Usage Description Product Details/Features Unlimited Plan Product Description Product Details/Features Dedicated Flat Rate VOICE T1 AND PRI SERVICES Product Description Digital Features Virtual Telephone Number (VTN) Service Calling Bundles T1 Features T1 Features (continued) T1 Misc & Expedite Charges T1 Misc & Expedite Charges (Continued) 69

10 4100 Guardian Street, Suite 110 Sheet No. 10

11 4100 Guardian Street, Suite 110 Sheet No General Information 1. PRELIMINARY STATEMENT This tariff sets forth the rates and rules of the Company applicable to its provision of competitive local exchange, IntraLATA local toll service, and InterLATA intrastate long distance telephone services within the State of California to customers located in exchange areas served by AT&T and Verizon California. The rates and rules contained herein are subject to change pursuant to the rules and regulations of the California Public Utilities Commission. 1.2 Application of Tariff This tariff sets forth the service offerings, rates, terms, and conditions applicable to the furnishing of local exchange, IntraLATA local toll service and InterLATA telecommunications services by the Company to business customers within the State of California. This tariff applies only for the use of the Company s services for telecommunications between points within the State of California. This tariff is on file with the California Public Utilities Commission (CPUC). 1.3 Availability of the Company s Tariff Complete copies of the Company s advice letters and current tariff are maintained at the Company s business offices located at: ITS Integrated Telemanagement Systems, Inc Guardian Street, Suite 110 The tariff is also available for public inspection at the California Public Utilities Commission.

12 4100 Guardian Street, Suite 110 Sheet No Symbols and Abbreviations Symbols (C) (D) (I) (L) (N) (R) (T) (Z) To signify changed listing, rule, or condition which may affect rates or charges. To signify discontinued material, including listing, rate, rule or condition. To signify an increase. To signify material relocated from or to another part of the tariff schedules with no change in text, rate, rule or condition. To signify new material including listing, rate, rule or condition. To signify reduction. To signify a change in wording of text but not change in rate, rule or condition. To signify a correction to material previously filed Abbreviations CAB Consumer Affairs Branch NA Not Applicable CLC N/C No Charge CPE Customer Provided Equipment OCL Order Confirmation Letter CS Check Sheet PIC Primary Inter Exchange Area FOC Firm Order Confirmation TOC Table of Contents ISDN Integrated Service Digital Network VE Verizon LATA Local Access Transport Area

13 4100 Guardian Street, Suite 110 Sheet No Rule No. 1 Definitions 2.0 REGULATIONS AUTHORIZATION CODE Enables the customer to dial a local telephone number and key in this code number to access the carrier s facility. AUTHORIZED USER An individual, organization, or other entity, which has been allowed to use the authorization code of a customer by the customer. CALL A Customer attempt for which the complete address code is provided to the service end office. CARRIER OR COMMON CARRIER See Inter Exchange Carrier. CENTRAL OFFICE A local Company switching system where exchange service Customer station loops are terminated for purposes of interconnection to each other and to trunks. CHANNEL A communications path between two or more points of termination. COMPANY ITS Integrated Telemanagement Systems, Inc. CUSTOMER Any individual, partnership, association, corporation or other entity, which subscribes to the services offered under this tariff, including both Interexchange Carriers and End Users. DAY RATE Denotes 8:00 A.M. up to, but not including 5:00 P.M. Monday through Friday. END USER Any Residential or Business Customer of an intrastate telecommunications service that is not a Carrier or Common Carrier. EVENING RATE Denotes 5:00 P.M. up to, but not including 11:00 P.M. Monday through Friday. EXCHANGE A group of lines in a unit generally smaller than a LATA established by the Company for the administration of communications service in as specified area. An Exchange may consist of one or more central offices together with the associated facilities used in furnishing communications service within that area.

14 4100 Guardian Street, Suite 110 Sheet No. 14 FACILITIES Denotes any cable, poles, conduit, carrier equipment, wire center distribution frames, central office switching equipment, etc., utilized to provide the service offered under this tariff. HOLIDAY The Company observes the following holidays: New Years Day, President s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. Applies to Federally observed day only. INTEREXCHANGE CARRIER (IC) Any individual, partnership, association, corporation or other entity engaged in intrastate communication for hire by wire or radio between two or more exchanges. INTRASTATE COMMUNICATIONS Any communication, which originates and terminates within the same state and is subject to oversight by a state regulatory commission as provided by the laws of the state involved. LOCAL ACCESS AND TRANSPORT AREA (LATA) A geographic area established for the provision and administration of communications service. A LATA encompasses designated exchanges, which are grouped to serve common social, economic and other purposes. LOCAL CALLING AREA A geographical area, as defined in the Company s local or general exchange service tariff in which an End User may complete a call without incurring toll usage charges. MESSAGE A Message is a Call as defined above. NIGHT/WEEKEND RATE Denotes 12:00 P.M. up to, but not including 8:00 A.M. Monday through Friday; and all day Saturday and all day Sunday. OFF HOOK The active condition of Switched Access Service or a telephone exchange line. ITS Refers to ITS Integrated Telemanagement Services, Inc. ON HOOK The idle condition of Switched Access Service or a telephone exchange line. PREMISES A building or buildings on contiguous property, not separated by a public highway or right of way.

15 4100 Guardian Street, Suite 110 Sheet No. 15 TRANSMISSION PATH An electrical path capable of transmitting signals within the range of the service offering. A transmission path is comprised of physical or derived facilities consisting of any form or configuration of plant used in the telecommunications industry. TRUNK A communications path connecting two switching systems in a network, used in the establishment of an end to end connection. TRUNK GROUP A set of trunks, which are traffic, engineered as a unit for the establishment of connections between switching systems in which all of the communications paths are interchangeable. WIRE CENTER A physical location in which one or more central offices, used for the provision of exchange services, are located. 2.2 Rule No. 2 Description of Service Service is offered for local calling to Business Customers pursuant to the terms of this tariff. Descriptions applicable to specific offerings are found in the rate schedules contained herein. Service is available twenty four (24) hours per day, seven (7) days per week, and is subject to the availability of necessary equipment and facilities and the economic and operational feasibility of providing such necessary equipment and facilities. 2.3 Rule No. 3 Application for Service General Service is installed by arrangement between Company and the Customer. Customers desiring to obtain Service may do so by initiating an oral request. Once the request has been received, within ten (10) days, the Company will provide the Customer with Technical Quote setting forth a brief description of the services ordered and itemizing all charges which will appear on the Customer s bill. If Technical Quote is accepted and signed by the customer along with a Master Service Agreement or Service Order Confirmation, an order will be generated and the customer will be notified of installation dates.

16 4100 Guardian Street, Suite 110 Sheet No Cancellation of Application for Service The Customer or applicant cancels an application for service prior to the receipt of the company s notification of installation dates or the LEC s firm order confirmation (FOC), or prior to the start of special construction; no charge applies Cancellation of Service The Customer may have service discontinued upon written notice to the Company thirty (30) days before the desired date of disconnect. The Company shall hold the Customer responsible for payment of all bills for service furnished until the cancellation date specified by the customer, unless the customer is in a term agreement, in which case the Terms and Conditions set forth in apply Terms and Conditions Customers may be required to enter into written agreement for service, which shall contain or reference a specific description of the service ordered, proposed monthly recurring charges, the duration of the services, and the terms and conditions as outlined in this tariff. The customer will also be required to execute any other documents as may be reasonably requested by the Company. If a customer terminates service prior to the end of their contract term, the following will apply as specified on in the Terms of Service: Clients terminating this agreement or any portion of their service at any time prior to the end of the Service Term will pay an Early Termination Fee ( ETF ). The ETF will include all Monthly Recurring Charges ( MRC ) calculated at one hundred percent (100%) multiplied by the remaining months on the contract as well as any install, set up or one time charges that were originally waived or credited and related to the service. The ETF will be billed upon notification from Client and due upon receipt. Client shall also be subject to ETF s if Client s monthly invoice amount falls below seventy five percent (75%) of Client s previous six (6) months average invoice amount. Any outstanding monies due and payable to ITS must be paid in full prior to the release of Client s Services.

17 4100 Guardian Street, Suite 110 Sheet No. 17 The term is specified in the Technical Quote (TQ) or Service Order Confirmation (SOC) and respect to said Services furnished under such Agreements the Service Term shall automatically renew for consecutive additional periods of one (1) year (each, a Renewal Service Term ) unless terminated by either Party in writing at least thirty (30) days prior to the expiration of the Service Term or the Renewal Service Term then in effect (as applicable). The Service Term and any applicable Renewal Service Term(s) shall hereafter be referred to collectively as the Service Term. If no Term is specified in the applicable Agreements, then either Party may terminate the Service(s) furnished under such Agreements by giving the other Party sixty (60) days prior written notice to such effect. If Services or a Service location is added the Service Term will be extended to the later of (a) the expiration date of the current Service Term or (b) the date specified in the Technical Quote or Service Order Confirmation. 2.4 Rule No. 4 Contracts The customer has the option to enter into a one, two, or three year term agreement. 2.5 Rule No. 5 Special Information Required on Forms Customer Bills The Company s name shall be identified on each Customer bill. Each bill will prominently display a toll free number for service or billing inquiries, together with an address where the Customer may write to the Company. Each bill for telephone service will contain notations concerning the following: Payment is due when the bill is received. Late fees will be assessed if an invoice is not paid by the 1st of the following month. Billing detail, including the period of service covered by the bill; A $25.00 late fee and a Finance Charge will be added if payment is not received by the due date. The FINANCE CHARGE is computed by applying the monthly periodic rate (as hereinafter defined) to all outstanding delinquent balances. The monthly PERIODIC RATE is equal to one and one half percent (1.5%), which is equivalent to an ANNUAL PERCENTAGE RATE of eighteen percent (18%).

18 4100 Guardian Street, Suite 110 Sheet No Rule No. 5 Special Information Required on Forms (Cont d) How to contact the Company with questions about the bill; and If the Customer s bill contains charges for items billed by the Company on behalf of an interexchange carrier authorized to provide those services, then the bill will include a toll free number for service or billing inquiries. Billing information available at Deposit Receipt Each deposit receipt shall contain the following provisions: This deposit, less the amount of any unpaid bills for service furnished by ITS, shall be refunded, together with any interest due, within thirty (30) calendar days after the discontinuance of service, or after 12 months of service, whichever comes first. However, deposits may not receive interest if the Customer has received a minimum of two notices of discontinuance of service for nonpayment of bills in a 12 month period. 2.6 Rule No. 6 Establishment and Reestablishment of Credit The Company will conduct a credit investigation of each new Customer or applicant prior to accepting the service order or customer s deposit. A Customer whose service has been discontinued for nonpayment of bills will be required to re establish credit before service is restored. 2.7 Rule No. 7 Advance Payments, Deposits, and Guarantors Advance Payments Deposits At the time an application for service is made, an applicant may be required to pay an amount equal to one month s service charges and/or the service connection and/or equipment charges which may be applicable as well as any nonrecurring charges for any required special construction. The amount of the advance payment will be credited to the Customer s account with the first bill rendered. Deposits will be maintained in a protected, segregated interest bearing escrow account as set by the Public Utility/Service Commission in the state where the applicant is headquartered.

19 4100 Guardian Street, Suite 110 Sheet No Requirement The Company may, at its sole discretion, require an applicant or an existing Customer to post a guarantee for the payment of charges as a condition to receiving service or additional services. The Company reserves the right to review an applicant s or Customer s credit history at any time to determine if a deposit is required Nondiscrimination Amount Deposits will be not be required by the Company based on race, sex, creed, national origin, marital status, age, number of dependents, condition of physical handicap, source of income, or geographical area of business. The amount of the deposit shall not exceed twice the estimated average monthly bill for the class of service for which the deposit is to be applied. Interest on deposits will be set according to the Public Utility/Service Commission in the state where the Customer is headquartered, except no interest will be paid if the Customer has received a minimum of two discontinuance of service notices in a 12 month period. The fact that a deposit has been made neither relieves the Customer from complying with the Company s regulations on the prompt payment of bills on presentation nor constitutes a waiver or modification of the regulations of the Company providing for discontinuance of service for nonpayment of any sums due the Company for services rendered Refund upon Discontinuance Upon discontinuance or termination of service, the Company will credit the deposit against the charges stated on the final bill. The balance, if any, will be returned to the Customer within thirty (30) days of discontinuance of service, and will include any interest on the deposit as set forth above Refund after Satisfactory Payment After prompt and timely payment of all charges for 12 consecutive billing periods, within thirty (30) days, the Company will refund the deposit to the Customer. The refund will include interest at the rate set forth above. Payment of a charge is satisfactory if received prior to the date that the charge becomes delinquent provided that it is not returned for insufficient funds or closed account.

20 4100 Guardian Street, Suite 110 Sheet No Deposits Not Required Deposits shall not be required if applicant: Provides a satisfactory credit history acceptable to the Company. Credit information contained in the applicant s account record may include, but shall not be limited to, account established date, can be reached number, type of company, owner s name and address, Federal Identification Number and/or Social Security Number, billing name, and location of current and previous service. Credit cannot be denied for failure to provide Social Security Number. A co signer or guarantor may be used providing the co signer or guarantor has acceptable credit history with the Company or another acceptable local exchange carrier. The Company cannot refuse a deposit to establish credit for service. However, it may request that the deposit be in cash or other acceptable form of payment (e.g., cashier s check, money order, bond, letter of credit, etc.) Prorating of Bills Any prorated bill shall use a thirty (30) day month to calculate the pro rate amount. Prorating shall apply one to recurring charges. All nonrecurring and usage charges incurred during the billing period shall be billed in addition to prorated amounts. 2.8 Rule No. 8 Notices Any notice the Company may give to a Customer shall be deemed properly delivered when deposited in any United States Post Office, postage prepaid, in a sealed envelope properly addressed to the Customer or the Customer s authorized representative, or hand delivered to the Customer or the Customer s representative, or to the current billing address, or when sent via to the Customer s specified address. Alternatively, for customers requesting electronic billing, notices the Company may give to a customer shall be deemed properly delivered when sent to the specified address for the Customer s representative as noted in the account records.

21 4100 Guardian Street, Suite 110 Sheet No Rule No. 9 Rendering and Payment of Bills Responsibility of Customer The Customer is responsible for payment of all charges for services and equipment furnished to the Customer or to an Authorized User of the Customer by Company. All charges due by the Customer are payable to the Company or to the Company s authorized billing agent (such as a local exchange telephone company). Any objections to billed charges must be reported to the Company or its billing agent within thirty (30) days after receipt of bill. Adjustments to the Customer s bill shall be made up to ninety (90) days in arrears to the extent that circumstances exist which reasonably indicates that such changes are appropriate. The Customer shall be responsible for all calls placed by or through Customer s equipment by any person. In particular and without limitation to the foregoing, the Customer is responsible for any calls placed by or through the Customer s equipment via any remote access feature. The Customer is responsible for all calls placed via their authorization code as a result of the Customer s intentional or negligent disclosure of the authorization code Billing and Collection of Charges Customer payments are considered prompt when received by the Company or its agent by the due date on the bill. All fees and other charges will be due in U.S. dollars, upon Client s receipt of ITS invoice. Late fees will be assessed if an invoice is not paid by the 1st of the following month. The Client s Authorized Agent/Owner/Officer listed on the Master Service Agreement and/or signing on behalf of Client are personally liable and hereby agrees and guarantees that all amounts will be paid per the terms defined in this agreement. After such period, Client will be charged a LATE FEE of $25.00 and a FINANCE CHARGE on all delinquent amounts owed to ITS. The FINANCE CHARGE is computed by applying the monthly periodic rate (as hereinafter defined) to all outstanding delinquent balances. The monthly PERIODIC RATE is equal to one and one half percent (1.5%), which is equivalent to an ANNUAL PERCENTAGE RATE of eighteen percent (18%). The Company will credit payments within twenty four (24) hours of receipt.

22 4100 Guardian Street, Suite 110 Sheet No Taxes and Surcharges In addition to other sales and usage taxes, the billing agent will add to Customers bills certain federal, state and local surcharges. Such charges include, but are not limited to, the surcharges, taxes and fees set forth below: Unbilled Charges California High Cost Fund A (CHCF A) Current CPUC Rate California High Cost Fund B (CHCF B) Current CPUC Rate California Advanced Service Fund (CASF) Current CPUC Rate California Teleconnect Fund (CTF) Current CPUC Rate CPUC Reimbursement Fee Current CPUC Rate Emergency Telephone Users Fee Current CPUC Rate City & County Utility Taxes Current CPUC Rate Federal Excise Tax Current IRS Rate Universal Lifeline Telephone Service (ULTS) Current CPUC Rate California Relay Service & Communications Devices Fund (DDTP) Current CPUC Rate Primary Interexchange Carrier Charge (PIC C) Current Fed Guideline Universal Service Fund (USF) Current Federal Guideline A bill will not include any previously unbilled charge for service furnished prior to three months immediately preceding the date of the bill, with the following exceptions: collect calls, credit card calls, third party billed calls, error file (calls which cannot be billed due to the unavailability of complete billing information to the LEC). An additional exception for back billing is permitted for a period of one and one half years in cases involving toll fraud Returned Check Charge A Returned Check Charge applies each time a check or draft is returned to the Company unpaid by the institution upon which it is drawn. Returned Check Charge $30.00

23 4100 Guardian Street, Suite 110 Sheet No Rule No. 10 Disputed Bill Procedure Client must provide written notice of such dispute within thirty (30) days of its receipt of such invoice, otherwise invoice is considered accepted. Such notification must include the Client s contact information, the specific dollar amount in dispute, detailed supporting reasons for the dispute, and any supporting documentation if available. In the case of a dispute between a Customer and the Company as to the correct amount of a bill rendered by the Company for service furnished to the Customer, which cannot be adjusted with mutual satisfaction, the Customer may make the following arrangements: The Customer may make a written request, and the Company shall comply with the request, for an investigation and review of the disputed amount. In the event such dispute is mutually agreed upon and resolved in favor of ITS, Client agrees to pay ITS the disputed amounts together with any applicable late fees within seven (7) days of resolution. In the event such dispute is mutually agreed upon and resolved in favor of Client, Client will receive a credit for the disputed charges and no late fees shall apply. In the event ITS has responded to Client s dispute in writing and the Parties fail to mutually resolve or settle the dispute within such thirty (30) calendar day period (unless ITS has agreed in writing to extend such period), all disputed amounts together with the late fees shall become due and payable on the thirtieth (30th) day, and this provision shall not be construed to prevent the Parties from pursuing any legal remedies. Any invoice charges not disputed in this manner shall be deemed accepted by and binding upon Client. ITS reserves the right to deny any and all billing disputes and/or delay credits if Client s account is in arrears or otherwise not in good standing. In the event of a service interruption, a dispute will be considered at a prorated rate. The proration is determined by taking the actual days of interruption divided by a thirty (30) day month. This proration is then multiplied by the monthly charge to determine the credit amount.

24 4100 Guardian Street, Suite 110 Sheet No. 24 In the case of a billing dispute or other complaint which is not resolved to the Customer s satisfaction by the billing agency or the Company, the Customer may appeal to the: Public Utilities Commission of the State of California at the following location: CA Public Utilities Commission Consumer Affairs Branch 505 Van Ness Ave. San Francisco, CA Phone: or Fax: (415) TDD consumer affairs@cpuc.ca.gov 2.11 Rule No. 11 Discontinuance and Restoration of Service A Customer whose Service Term is within 30 days of their Renewal Service Term may cancel Service by providing thirty (30) days written notice to the Company Reasons for Discontinuance of Service The Company may discontinue service to the Customer without liability by providing five (5) days written notice for: Violations of any regulation governing the service under this tariff. A violation of any law, rule, or regulation of any government authority having jurisdiction over the service. Nonpayment of bills for telephone service. Neglect or refusal to provide the Company reasonable access for the purpose of inspection and maintenance of equipment owned by the Company. When necessary for the Company to comply with any order or request of any governmental authority having jurisdiction. Customer use of the equipment or network in such a manner as to adversely affect the Company s equipment or the Company s service to others. Tampering with the equipment furnished and owned by the Company. Service may be refused or disconnected without advance notice in the event of illegal use or of intent to defraud the Company, this includes fraudulently placing or receiving calls and/or providing false credit information Restoration of Service If Client requests that Service be restored after a suspension or termination due to non payment, ITS has the sole and absolute discretion to restore such Service and may condition restoration upon satisfaction of such conditions as ITS determines, in its sole discretion, to be necessary for its protection.

25 4100 Guardian Street, Suite 110 Sheet No. 25 Conditions may include requiring Client to pay a reconnection fee for each Service location being reinstated, requiring Client to execute a new Master Service Agreement, pay all past due invoices in full, pay a new installation fee, pay Early Termination Penalties, pass ITS credit approval and/or make advance payments. Any such monies required for restoration of such Service shall be due and paid before ITS is required to reinstate Service at the Service location. The Company reserves the right to refuse to re establish service to Customer for whom service was disconnected due to reasons of fraud, tampering with equipment, violations of rules and regulations, or similar reasons. See also 2.3 Rule No. 3 above Rule No. 12 Optional Rates and Information to be provided to the Public The rates to be charged by and paid to the Company for telecommunications service will be the rates legally in effect and on file with the Public Utilities Commission of the State of California. At the time of application for service, or for changes or additions to existing service, the Company or its authorized employees shall offer to provide a Technical Quote containing itemization of recurring and nonrecurring charges applicable to the service applied for. Pertinent information regarding the Company s service is available upon request and open to public inspection by inquiring in person or writing to: 2.13 Rule No. 13 Temporary Service ITS Integrated Telemanagement Systems, Inc Guardian Street, Suite 110 From time to time, Company may agree to install temporary service for a Customer for demonstration purposes only. Such service will not be continued for more than thirty (30) days. Calls placed by Customers on such temporary service will be subject to the rates and regulations provided in this tariff.

26 4100 Guardian Street, Suite 110 Sheet No Rule No. 14 Continuity of Service Interruptions in Service ITS sole liability under this Agreement for interruption of service or failure of equipment shall be limited to that amount of ITS actual fixed charges incurred by Client during the period of such interruption. ITS shall not be liable for any interruption caused by the negligence or willful act or omission of Client or any third party furnishing any portion of the service hereunder Use and Restoration of Service in Emergencies 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 Rule No. 15 [RESERVED FOR FUTURE USE] 2.16 Rule No. 16 Service Connections and Facilities on Customers Premises Service furnished by the Company may be interconnected with services or facilities of other authorized communications common carriers and with private systems, subject to the technical limitations established by the carrier. Service furnished by the Company is not part of a joint undertaking with such carriers. Interconnection with the facilities or services of other carriers shall be under the applicable terms and conditions of the other carrier s tariffs. Customer is responsible for taking all necessary legal steps for interconnecting his or her Customer provided terminal equipment or communications systems with carrier s facilities. Customer shall secure all licenses, permits, right of way, and other arrangements necessary for such interconnection. Carrier s facilities and service may be used with or terminated in Customerprovided terminal equipment or communications systems. Such terminal equipment shall be furnished and maintained at the expense of Customer, except as otherwise provided. Customer is responsible for all costs at his or her premises, including personnel, wiring, electrical power, and the like, incurred in the use of carrier s service. When such terminal equipment is used, the equipment shall comply with the generally accepted minimum protective criteria standards of the telecommunications industry.

27 4100 Guardian Street, Suite 110 Sheet No Rule No. 17 Mileage Measurement When charges for calls are mileage sensitive, airline mileage is computed as described below. Calls are measured and rounded to the higher full minute from the serving wire center of the Customer s originating location to the serving wire center of the destination of the call, regardless of Company routing. The distance between the serving wire center origination point and that of the destination point is calculated by using the V and H coordinates as defined by Bell Communications Research (BellCore) and NECA Tariff FCC No. 4 in the following manner: Step 1 Obtain the V and H coordinates for the originating and terminating wire centers. Step 2 Obtain the difference between the V coordinates of each of the serving wire centers. Obtain the difference between the H coordinates. Step 3 Square the differences obtained in Step 2. Step 4 Add the squares of the V difference and H difference obtained in Step 3. Step 5 Divide the sum of the squares obtained in Step 4 by ten (10). Round to the next higher whole number if any fraction results. Step 6 Obtain the square root of the whole number obtained in Step 5. Round to the next higher whole number if any fraction is obtained. This is the airline mileage of the call. Formula: v 1 v h 1 h

28 4100 Guardian Street, Suite 110 Sheet No Rule No. 18 Limitation of Liability The provisions of this section of this rule do not apply to errors and omissions caused by willful misconduct, fraudulent conduct or violations of laws by the Company. If any work performed by any employee or agent of ITS results in damage to Client s systems or equipment ITS liability will be limited to repair or replacement (in ITS sole discretion) of the damaged systems or equipment. ITS shall not be liable for any indirect, special, or consequential damages arising out of this Agreement. No obligations or liability shall arise out of ITS or an employee or agent of ITS rendering of technical or other advice in connection with the Services rendered hereunder. Client acknowledges that there are certain risks while working with computer equipment and the loss of data is always a possibility. Client accepts responsibility for creating a backup of their data and agrees to hold ITS harmless for any loss of data that may occur during or after a service performed by ITS Directory Errors The Company shall allow, for errors or omissions in alphabetical telephone directories (excluding the use of bold face type), an amount within the following limits: For listings in alphabetical telephone directories furnished without additional charge, an amount not in excess of the minimum monthly charge to the Customer for exchange service during the effective life of the directory in which the error or omission occurred. For listings and lines of information in alphabetical telephone directories furnished at additional charge set forth in the Rate Schedules of this tariff, an amount not in excess of the charge for that listing or line of information during the effective life of the directory in which the error or omission occurred. For listings in information records furnished without additional charge, an amount not in excess of the minimum monthly charge to the Customer for exchange service during the period the error or omission occurred. For listings in information records furnished at additional charge, an amount not in excess of the charge for the listing during the period the error or omission continued.

29 4100 Guardian Street, Suite 110 Sheet No. 29 For listings in telephone directories furnished in connection with mobile telephone service, an amount not in excess of the guarantee and fixed charges for the service during the effective life of the directory in which the error or omission occurred Rule No. 19 Limitations of Service Service is offered subject to the availability of the necessary facilities and/or equipment and subject to the provisions of this tariff. The Company may decline applications for service to or from a location where the necessary facilities or equipment provided by the underlying carrier are not available. The Company may discontinue furnishing service in accordance with the terms of this tariff. The Company reserves the right to discontinue or limit service when necessitated by conditions beyond its control (examples of these conditions are more fully set forth elsewhere in this tariff), or when service is used in violation of provisions of this tariff or the law. The Company does not undertake to transmit messages, but offers the use of its service when available, and, as more fully set forth elsewhere in this tariff, shall not be liable for errors in transmission or for failure to establish connections. The Company reserves the right to discontinue service, limit service, or to impose requirements as required to meet changing regulatory or statutory rules and standards, or when such rules and standards have an adverse material effect on the business or economic feasibility of providing service, as determined by the Company in its reasonable judgment. The Company reserves the right to refuse an application for service made by a present or former Customer who is indebted to the Company for service previously rendered pursuant to this Tariff until the indebtedness is satisfied Rule No. 20 Use of Service Service may be used by the Customer for any lawful purpose for which the service is technically suited. The Customer obtains no property right or interest in the use of any specific type of facility, service, equipment, number, process, or code. All right, title and interest to such items remain, at all times, solely with the Company.

30 4100 Guardian Street, Suite 110 Sheet No. 30 Recording of telephone conversations of service provided by the Company under this tariff is prohibited except as authorized by applicable federal, state and local laws. Any service provided under this Tariff may be resold to or shared (jointly used) with other persons at the Customer s option. Service may only be resold or shared in accordance with the provisions of the specific service. The Customer remains solely responsible for all use of service ordered by it or billed to its telephone number(s) pursuant to this Tariff, for determining who is authorized to use its service, and for promptly notifying the Company of any unauthorized use. The Customer may advise its customers that a portion of its service is provided by the Company, but the Customer shall not represent that the Company jointly participates with the Customer in the provision of the service. Service is furnished subject to the conditions that it will not be used: (1) to make foul or profane expressions, (2) to impersonate another person with fraudulent or malicious intent, (3) to call another person so frequently, or at such times, or in any other manner so as to annoy, abuse, threaten, or harass the other person, (4) for any other unlawful purpose, or (5) in such a manner as to interfere with the use of the service by any other user Use and Ownership of Equipment The Company s equipment, apparatus, channels and lines shall be carefully used. Equipment furnished by the Company shall remain its property and shall be returned to the Company whenever requested, within a reasonable period following the request, in good condition (subject to reasonable wear and tear). The Customer is required to reimburse the Company for any loss of, or damage to, the facilities or equipment on the Customer s premises, including loss or damage caused by agents, employees or independent contractors of the Customer through any negligence Rule No. 21 Responsibilities of the Customer The Customer is responsible for: 1) placing any necessary orders; 2) complying with tariff regulations; 3) assuring that users comply with tariff regulations; 4) payment of charges for calls originated from the Customer s telephone lines. The Customer is responsible for arranging access to its premises at times mutually agreeable to Company and the Customer when required for installation, repair, maintenance, inspection or removal of equipment associated with the provision of Company services.

31 4100 Guardian Street, Suite 110 Sheet No. 31 The Customer is responsible for maintaining its terminal equipment and facilities in good operating condition. The Customer is liable for any loss, including loss through theft, of any Company equipment installed at Customer s premises. The Customer shall be responsible for all calls placed by or through Customer s equipment by any person. In particular and without limitation to the foregoing, the Customer is responsible for any calls placed by or through the Customer s equipment via any remote access features. The Customer is responsible for all calls placed via their authorization code as a result of the Customers intentional or negligent disclosure of the authorization code Rule No. 22 Change of Service Providers Solicitation for Customer Authorization for Service Termination and Transfer Solicitations by the Company, or its agents, for Customer authorization for termination of service with an existing carrier and the subsequent transfer to the Company must include current rate information on the Company and information regarding the terms and conditions of service with the Company. Such solicitation must conform to California Public Utilities Code Section , and be legibly printed in at least 10 point type Unauthorized Service Termination and Transfer The Company shall restore the Customer s service to the original carrier without charge to the Customer where that service has been changed on an unauthorized basis. All Company billings during the unauthorized service period shall be refunded to the Customer. If the company is found responsible for the unauthorized transfer it will reimburse the original carrier for reestablishing service at the tariff rate of the original carrier Rule No. 23 Blocking Access to 900 and 976 Information Services At the request of the Customer, the company will block a Business Customer s access to 900 and 976 pay per call telephone information services at no charge on a per line basis. The Company will inform the Customer of the availability of blocking service at the time service is initially ordered.

32 4100 Guardian Street, Suite 110 Sheet No Rule No. 24 California Relay Service Liability The Company has contracted with AT&T and Verizon to handle the equipment distribution. The Company contracts with AT&T and Verizon for the equipment distribution. These companies have complete control over the provision of the service. In addition to other provisions of this Tariff dealing with liability, in the absence of gross negligence or willful misconduct on the part of the Company, the Company shall not be liable for and the Customer, by using the service, agrees to release, defend and hold harmless for all damages, whether direct, incidental or consequential, whether suffered, made, instituted or asserted by the Customer or by any other person, for any loss or destruction of any property, whatsoever whether covered by the Customer of others, or for any personal injury to or death of, any person. Not withstanding any provision to the contrary, in no event shall the Company be liable for any special, incidental, consequential, exemplary or punitive damages of any nature whatsoever Rule No. 25 Emergency Telephone Number Service (911 Service) Emergency Telephone Number Service (911 Service) is an arrangement of Company central office and trunking facilities whereby any telephone user who dials the number 911 will reach the emergency report center. The telephone user who dials the 911 number will not be charged for the call. Upon discontinuance of the Customer s local service, access to 911 only will continue to be available so long as a physical connection to the central office is available Rule No. 26 Minimum Period of Service The Customer is not required to enter into an agreement for any minimum period as a condition of service. The length of contract period for directory listings, and for joint user service, where the listing actually appears in the directory is the directory period. The directory period is from the day on which the directory is first distributed to the Customers to the day the succeeding directory is first distributed to Customers.

33 4100 Guardian Street, Suite 110 Sheet No Rule No. 27 Privacy The Company shall not make available to any other person or corporation Customer information that is not public without first obtaining the Customer s consent in accordance with Public Utilities Code Sections 2891, and The Company will provide each new Customer, and on an annual basis for existing Customers, a description of how the Company handles the Customer s private information and a disclosure of ways in which such information might be used or transferred that would not be obvious to the Customer. The Company is subject to the privacy rules set forth in Appendix B of California Public Utilities Commission Decision Nos and 9336, except where modified by further Commission order(s), including , , and Notwithstanding the above, there are instances where the Company may be required to release certain non public Customer information without first notifying the Customer and obtaining written consent. Consistent with the California Public Utilities Code, the Company will provide required Customer information to an emergency agency responding to a 911 call, or other call communicating an imminent threat to life or property, to a law enforcement agency in response to lawful process, to a collection agency for the purpose of collecting unpaid debts, to the CPUC pursuant to its jurisdiction, to other telephone companies, including local and long distance carriers, as necessary to provide telephone service within or between service areas, to the Federal Communications Commission or the CPUC in response to orders regarding the provision of services over the Company s facilities by parties other than the Company Rule No. 28 Demarcation Point Responsibilities The Company will provide facilities, equipment, and services to its local loop demarcation point. The Company is responsible for the provisioning and maintenance of its facilities, equipment, and services to the local loop demarcation point, including those located at that point. The Customer is responsible for the completion of services beyond the Company s local loop demarcation point. Customer requested services beyond the local loop demarcation point may be provided by the Company at the Customer s expense.

34 4100 Guardian Street, Suite 110 Sheet No Local Loop Demarcation Point The Company s Local Loop Demarcation Point separates the Company s network responsibility for its facilities, equipment and services from that of the building owner or end user Customer. This demarcation point designates the end of the Company s network facilities (local loop) and the beginning of the intra building network cable (INC), if any, provided by the building owner. Where a Local Loop Demarcation Point lacks sufficient power and/or space to support provisioning of new service, such service will be provisioned as close as practicable to the existing demarcation point. The Local Loop Demarcation Point may also be referred to as the Minimum Point of Entry (MPOE) or Minimum Point of Presence (MPOP) for the purpose of defining the end of the Company s network facilities. The Local Loop Demarcation Point is located at the MPOE/MPOP to any single or multi story building, and includes the Company s entrance facility, except as set forth below. The Company will not be required to place its demarcation point on more than one floor of a multi story building Local Loop Demarcation Point Exceptions Emergency Reporting Services (E911/911): The demarcation point is at the Company provided terminal equipment, including the equipment. Disabled Services: The demarcation point is at the Company provided terminal equipment. The Company s responsibility includes the equipment where the Company has provided the equipment. Company Provided Semi Public and Public Coin Services: The demarcation point is at the equipment at the location requested by the Customer or building owner, and includes the equipment. If a property owner desires an additional Local Loop Demarcation Point(s) at a specified location on a Customer s premises for purposes of providing service assurance, safety, security and privacy of data communications over the cable (also known as Direct Feed), the owner will be required to pay for additional network cable and network facilities through special construction arrangements. In particular, additional Local Loop Demarcation Points cannot be used to extend any cable pairs served from any Local Loop Demarcation Point from one location to another location.

35 4100 Guardian Street, Suite 110 Sheet No. 35 Fiber Optic Cable: The Demarcation point is at the Company provided Fiber Optic Terminal (FOT) equipment. The Company s responsibility includes the FOT equipment where the Company has provided the equipment. Carrier Points of Presence (POP): Local Loop Demarcation Point guidelines are not applicable for access services provided to interexchange carriers, local exchange carriers, and radio carriers (both private carriers and common carriers as defined by applicable Federal Communications Commission s regulations) Point of Presence location. However, the Local Loop Demarcation Point rules do apply to all Company provided service(s) provisioned in the capacity of an end user of the services(s) Intra building Network Cable (INC) Demarcation Point The Intra building Network Cable (INC) demarcation point separates the building owner s responsibility to provide INC from the Customer s responsibility to provide inside wire, standard jacks, and customer premises equipment. This demarcation point designates the end of the INC provided by the building owner and the beginning of simple or complex inside wire provided by the Customer. The INC demarcation point is located at the distribution terminal(s) on each floor in a multi story building except as set forth following and in the preceding exemptions listed. Where there is no intra building network cable or it is in a single story building, the INC demarcation is the Company s Local Loop Demarcation Point Inside Wire Demarcation Point The inside Wire Demarcation Point is located where Customer premises equipment (CPE) is connected to the inside wire. This demarcation point designates the end of the inside wire and the beginning of the CPE facilities. The inside Wire Demarcation Point separates the inside wire vendor s responsibility from that of the CPE vendor. This demarcation point, where the Company is the vendor of choice for inside wire repair and the CPE trouble isolation, begins where the Customer s inside wire connects to the INC. Where there is no INC, the Inside Wire Demarcation Point is the MPOE.

36 4100 Guardian Street, Suite 110 Sheet No Continuous Property Demarcation Point Continuous Property Defined Continuous Property is land which is wholly owned by a single individual or entity, regardless of whether the owner leases 1 all or a portion(s) of the property to another and which contains, or will contain, multiple buildings where all portions of the property may be served without crossing a public thoroughfare 2 or the property of another. 1 The property retains its character as a Continuous Property regardless of whether the owner or a lessee (who wholly leases the property from the owner) sublets a portion(s) of the property to another, e.g., apartment buildings or complexes. Condominiums also are Continuous Property. 2 A public thoroughfare is a street, road, or other means of passage across a property, which is not subject to restrictions on ingress, egress, or boundaries. There are three basic types of Continuous Properties: Single tenant commercial in which one owner or tenant occupies all building(s). Mixed commercial and residential (e.g., building with both commercial and residential space or campus type configurations such as colleges and military bases) in which a mixture of business and residential uses exists. Multi tenant commercial and/or residential in which several tenants occupy a building individually on a per floor or per section basis. Single family homes and properties within which a portion(s) of the land is owned by separate entities and a portion(s) is owned by the entities in common 3 do not constitute Continuous Property. 3 Such as townhomes and homes in gated communities Demarcation Point For Continuous Property, regardless of use, the Company s Local Loop Demarcation Point will be at the appropriate main distribution terminal as determined by negotiations between the property owner and the Company. Where an agreement cannot be reached, the company will designate the Local Loop Demarcation Point location.

37 4100 Guardian Street, Suite 110 Sheet No. 37 It is the property owner s responsibility to provide and maintain INC within and between buildings on a continuous property. The Company may, at the Customer request and expense, provide INC. Where an owner of Continuous Property requests additional local loop demarcation points or changes an existing local loop demarcation point, the owner will be required to pay for any additional network cable and facilities required through special construction agreements set forth in this tariff, except as provided in the preceding paragraph. The INC and Inside Wire Demarcation Pints are located as described above. At the request of a property owner, a Company may waive the designation of a single Local Loop Demarcation Point for a Continuous Property if, due to the unique characteristics of the property, a hardship would be created for the property owner and/or the Company. Examples of such Continuous Property include (a) national, state and local parks, beaches, highways, harbors and similar publicly owned property and (b) railroad rights of way and extensive, privately owned tracts of land with developed communities (e.g., the City of Irvine) and similar privately owned property. The Company will treat land within the boundaries of privately owned property under (b) above as Continuous Property, provided that it had the characteristics of Continuous Property, e.g., (a) it is wholly leased by a single individual or entity and (b) it contains or will contain multiple buildings. This paragraph is not intended in any way to waive the unbundling of INC in each building.

38 4100 Guardian Street, Suite 110 Sheet No Rule No. 29 Forms Application for Service and Related Forms Service Agreement

39 4100 Guardian Street, Suite 110 Sheet No Rule No. 29 Forms (Cont d) Service Order Confirmation Form

40 4100 Guardian Street, Suite 110 Sheet No Rule No. 29 Forms (Cont d) ITS Invoice Form (N)

41 4100 Guardian Street, Suite 110 Sheet No Rule No. 29 Forms (Cont d) ITS Invoice Form (Cont d)

42 4100 Guardian Street, Suite 110 Sheet No Special Construction Basis for Charges 3.0 SPECIAL CONDITIONS Basis for Charges where the Company furnishes a facility or service for which a rate or charge is not specified in the Company s tariffs, charges will be based on the costs incurred by the Company (including return) and may include: Nonrecurring charges Recurring charges Termination liabilities Any combination of the above Termination Liability To the extent that there is no other requirement for use by the Company, a termination liability may apply for facilities specially constructed at the request of a Customer. The period on which the termination liability is based is determined by the estimated service life of the facilities provided Termination Liability Amount The amount of the maximum termination liability is equal to the estimated amounts (including return) for: Costs to install the facilities to be provided including estimated costs for the rearrangement of existing facilities. These costs include equipment and materials provided or used, engineering, labor, and supervision, transportation, and rights of way and/or any required easements. License preparation, processing, and related fees; Tariff preparation, processing and related fees; Cost of removal and restoration, where appropriate; and Any other identifiable costs related to the specially constructed or rearranged facilities.

43 4100 Guardian Street, Suite 110 Sheet No Termination Liability Calculation The termination liability method for calculating the unpaid balance of a term obligation is obtained by multiplying the sum of the amounts determined as set forth in the preceding section by a factor related to the unexpired period of liability and the discount rate for return and contingencies. The amount determined in the preceding section shall be adjusted to reflect the predetermined estimated net salvage, including any reuse of the facilities provided. This amount shall be adjusted to reflect applicable taxes. 3.2 Non routine Installation and/or Maintenance At the Customer s request, installation and/or maintenance may be performed outside the Company s regular business hours or (at the Company s sole discretion and subject to any conditions it may impose) in hazardous locations. In such cases, charges based on the cost of labor, material, and other costs incurred by or charged to the Company will apply. If installation is started during regular business hours but at the Customer s request, extends beyond regular business hours into time periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply. 3.3 Individual Case Basis (ICB) Arrangements Rates for ICB arrangements will be developed on a case by case basis in response to a bona fide request from a Customer or prospective customer for service, which varies from tariff arrangements. Rates quoted in response to such requests may be different for tariff service than those specified for such service in the Rate Schedules. ICB rates will be offered to Customers in writing and will be made available to similarly situated Customers. These contracts will be governed by General Order 96A of the California Public Utilities Commission and will be submitted to the Commission for approval.

44 4100 Guardian Street, Suite 110 Sheet No [RESERVED FOR FUTURE USE]

45 4100 Guardian Street, Suite 110 Sheet No SERVICE AREA The Company has been authorized by the CPUC to provide interlata and intralata toll telecommunications services within the state of California as shown on the following map. (Z) ITS Service Area Map