Broadview Networks, Inc. M.P.U.C. NO. 1 ORIGINAL SHEET NO. 1 TELECOMMUNICATIONS SERVICES TARIFF TITLE SHEET MINNESOTA TELECOMMUNICATIONS TARIFF

Transcription

1 ORIGINAL SHEET NO. 1 TITLE SHEET MINNESOTA TELECOMMUNICATIONS TARIFF This tariff contains the description, regulations, and rates applicable to the furnishing of intralata and interlata intrastate interexchange telecommunications services by Broadview Networks, Inc., with principal offices at, Rye Brook, NY This tariff applies to services furnished within Minnesota. This tariff is on file with the Minnesota Public Utilities Commission, where copies may be inspected during normal business hours.

2 3rd Revised SHEET NO. 2 Replacing 2nd Revised SHEET NO. 2 CHECK SHEET Pages 1 through 21 inclusive of this tariff are effective as of the date shown at the bottom of the respective page(s). Original and revised pages as named below comprise all changes from the original tariff and are currently in effect as of the date at the bottom of this page. PAGE REVISION 1 Original 2 3 rd Revised* 3 1 st Revised 4 1 st Revised 5 Original 6 Original 7 Original 8 Original 9 Original 10 Original 11 Original 12 Original 13 Original 14 Original 15 Original 16 Original 17 3 rd Revised* 18 Original 19 Original 20 Original 21 Original * indicates page included in this tariff revision ISSUED: February 26, 2010 EFFECTIVE: March 1, 2010

3 1 st Revised SHEET NO. 3 Replacing ORIGINAL SHEET NO. 3 TABLE OF CONTENTS TITLE SHEET...1 CHECK SHEET...2 TABLE OF CONTENTS...3 SYMBOLS...5 TARIFF FORMAT...6 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS...7 SECTION 2 - RULES AND REGULATIONS Undertaking of Company Limitations Liabilities of the Company Interruption of Service Restoration of Service Deposits Advance Payments Taxes...12 Page SECTION 3 - DESCRIPTION OF SERVICES Inbound/Outbound Switched and Dedicated Long Distance Services Long Distance Service Area Calling Card Service Timing of Calls...16 (T) (T) ISSUED: DECEMBER 10, 2008 EFFECTIVE: DECEMBER 11, 2008

4 1 st Revised SHEET NO.4 Replacing ORIGINAL SHEET NO. 4 TABLE OF CONTENTS (Cont'd) Page SECTION 4 - RATES Long Distance Toll Usage Rates Calling Card Usage Rates Directory Assistance...17 (T) (T) SECTION 5 - GRANDFATHERED SERVICES APPLICABLE ONLY TO FORMER CUSTOMERS OF ATX LICENSING, INC 18 ISSUED: DECEMBER 10, 2008 EFFECTIVE: DECEMBER 11, 2008

5 ORIGINAL SHEET NO. 5 SYMBOLS The following are the only symbols used for the purpose indicated below: (D) - Discontinued rate or regulation (I) - Increase in rate (M) - Moved to/from another tariff location (N) - New rate or regulation (R) - Reduction in rate (T) - Change in text only

6 ORIGINAL SHEET NO. 6 TARIFF FORMAT A. Page Numbering - Page numbers appear in the upper right corner of the page. Pages are numbered sequentially. However, new pages are occasionally added to the tariff. When a new page is added between pages already in effect, a decimal is added. For example, a new page added between pages 14 and 15 would be B. Page Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current page version on file with the MPUC. For example, 4th Revised Page 14 cancels the 3rd Revised Page 14. Because of various suspension periods, deferrals, etc. the MPUC follows in its tariff approval process, the most current page number on file with the MPUC is not always the tariff page in effect. Consult the Check Sheet for the page currently in effect. C. Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of coding is subservient to its next higher level: A A A.1.(a). 2.1.l.A.1.(a).I. 2.l.l.A.l.(a).I.(i). 2.l.l.A.l.(a).I.(i).(l). D. Check Sheets - When a tariff filing is made with the MPUC, an updated check sheet accompanies the tariff filing. The check sheet lists the pages contained in the tariff, with a cross reference to the current revision number. When new pages are added, the check sheet is changed to reflect the revision. All revisions made in a given filing are designated by an asterisk (*). There will be no other symbols used on this page if these are the only changes made to it (i.e., the format, etc., remains the same, just revised revision levels on some pages). The tariff user should refer to the latest check sheet to find out if a particular page is the most current on file with the MPUC.

7 ORIGINAL SHEET NO. 7 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS Access Line - A telephone line provided by local exchange carriers which connects a telephone or other communications device at a customer's location to s underlying carrier's telecommunications network switching center(s). Authorization or Account Code - A numerical code of four to eleven digits, one or more of which codes are available to a customer to enable the customer to lawfully connect its communication devices for the purpose of accessing the telecommunications network of, and which thereby are used to prevent unauthorized network access and to identify the customer and its calling volumes for billing purposes. Carrier or Company Customer - The person, firm, corporation, end user or other entity which orders or uses services and is responsible for the payment of charges. MPUC - Minnesota Public Utilities Commission. Rate Center - The Points of Presence (POPs) or first point of interconnection of local exchange facilities providing access to the long distance network of the Company's Underlying Carrier and the point from which a customer's traffic is rated and billed. Service Agreement - Company's standard form for the ordering and acceptance of a customer's request for and commitment to take Company's service offerings pursuant to this tariff. Underlying Carrier - The authorized telecommunications carrier whose network facilities provide the technical capability and capacity necessary for the transmission and reception of customer telecommunications traffic within Minnesota.

8 ORIGINAL SHEET NO Undertaking of Company SECTION 2 - RULES AND REGULATIONS Company undertakes to provide only those designated services as are furnished under the terms and subject to the conditions and Customer payment of the applicable rates of this tariff for communications originating and terminating within Minnesota. Company's services are available to its customers twenty- four hours per day, seven days per week.

9 ORIGINAL SHEET NO Limitations SECTION 2 - RULES AND REGULATIONS (Cont d) Service is offered subject to the availability of the facilities of Company's Underlying Carrier and the provisions of this tariff (A) Company reserves the right to discontinue service to a customer, or to limit the use of service necessitated by conditions beyond its control, without notice under the following conditions: 1. in the event of tampering with Company s equipment; 2. in the event of a condition determined to be hazardous to the customer, to other customers of the Company, to Company s equipment, the public, or to Company s employees; or 3. in the event of a customer s use of equipment in such a manner as to adversely affect Company s equipment or Company s service to others.

10 ORIGINAL SHEET NO Limitations (Cont d) (Cont d) SECTION 2 - RULES AND REGULATIONS (Cont d) (B) Company may discontinue service to a customer under the following conditions after giving customer five (5) days (excluding Sundays and legal holidays) notice: 1. for failure of the customer to pay a bill for service when due; 2. for failure of the customer to meet Company s deposit and credit requirements; 3. for failure of the customer to make proper application for service; 4. for customer s violation of any of Company s rules on file with the Commission; 5. for failure of the customer to provide Company reasonable access to its equipment and property; 6. for customer s breach of the contract for service between Company and the customer; 7. for a failure of the customer to furnish such service, equipment, and/or rights-of-way necessary to serve said customer as shall have been specified by Company as a condition of obtaining service; or 8. when necessary for Company to comply with any order or request of any governmental authority having jurisdiction. (C) Service will not be disconnected on any Friday, Saturday, Sunday, or legal holiday, or at any time when Company s business offices are not open to the public, except where an emergency exists.

11 ORIGINAL SHEET NO Limitations (Cont d) SECTION 2 - RULES AND REGULATIONS (Cont d) The services provided under this tariff are subject to the direct and exclusive control of Company. No one may alter or affect the services nor transfer or assign its use of the services without the express written consent of Company, which consent may be withheld, without limitation, by Company in its sole discretion at any time such alteration, effect, transfer, or assignment would result in an interruption of the services or a change in Customer's location to which the services are to be provided In the event prior written permission from Company is given for any assignment or transfer, all regulations and conditions contained in this tariff shall apply to all such permitted assignees or transferees, as well as all conditions for service.

12 ORIGINAL SHEET NO Liabilities of the Company SECTION 2 - RULES AND REGULATIONS (Cont'd) Company has no liability for damages arising out of mistakes, interruptions, omissions, delays, errors, or defects in the transmission or call processing of Customer's communications traffic by the Underlying Carrier. Company's liability for such damages occurring in the course of furnishing the Company's services but not caused by its gross negligence or willful misconduct or that of its employees or agents in no event shall exceed an amount equivalent to the proportionate charge to Customer for the period during which such mistakes, interruptions, omissions, delays, errors, or defects in the Company's furnishing of its services occur Acceptance of the provisions of Section by the Commission does not constitute its determination that the limitation of liability imposed by Company should be upheld in a court of law; but the recognition that as it is the duty of the courts to adjudicate negligence claims and rights to recover damages therefore, so it is the duty of the courts to determine the validity of the exculpatory provisions of Section Company shall be indemnified and held harmless by Customer against: (A) (B) (C) Claims for libel, slander, or infringement of copyright arising out of the material, data, information, or other content of a Customer's communications traffic; Claims for patent infringement arising from a Customer's use of its equipment, facilities, or systems with the Company's services; and All other claims arising out of any act or omission of Customer in connection with any service provided by Company.

13 ORIGINAL SHEET NO Interruption of Service SECTION 2 - RULES AND REGULATIONS (Cont'd) Credit allowance for the interruption of service is subject to the general liability provisions set forth in Section herein. Customer shall receive no credit allowance for interruption of service due to Carrier's testing or adjusting, to negligence of Customer, or to the failure of channels or equipment provided by Customer. It shall be the obligation of Customer to notify the Company immediately of any interruption in service for which a credit allowance is claimed. Before giving such notice, Customer shall ascertain that the trouble is not being caused by any action or omission within Customer's control, or is not in wiring or equipment, if any, furnished by Customer in connection with the Company's Services No credit is allowed in the event service must be interrupted in order to provide routine service quality or related investigations. Notwithstanding, in the event a customer s service is interrupted otherwise than by negligence or willful act of the customer and it remains out of order for 24 hours after being reported to the utility, adjustments shall be made to the customer, based upon the pro rata part of the month s charge for the period of days and that portion of the service and facilities rendered useless or inoperative. The refund may be accomplished by a credit on a subsequent bill for telephone service. If, in the case of such interruption, service is restored on or before the day after it is reported or found by the Company, no allowance will be made Credit for failure of service shall be allowed only when such failure is caused by or occurs due to causes within the control of Company or in the event Company is entitled to a credit for the failure of the facilities of Company's Underlying Carrier used to furnish Customer's service No credit shall be allowed: (A) (B) For failure of services or facilities of Customer; or For failure of services or equipment caused by the negligence or willful acts of Customer.

14 ORIGINAL SHEET NO Interruption of Service (Cont'd) SECTION 2 - RULES AND REGULATIONS (Cont'd) Credit for an interruption shall commence after Customer notifies Company of the interruption or when Company becomes aware thereof, and ceases when service has been restored Before Customer notifies Company of an interruption, Customer shall make reasonable attempts to ascertain that Customer, a third party or its or their actions and/or equipment is/are not the cause thereof Credits are applicable only to that portion of service interrupted For purposes of credit computation, every month shall be considered to have 720 hours No credit shall be allowed for an interruption of a continuous duration of less than two hours Customer shall be credited for an interruption of two hours or more at the rate of 1/720th of the monthly charge for the service affected for each hour or major fraction thereof that the interruption continues. Calculations of the credit shall be made in accordance with the following formula. Credit Formula: Credit = A X B 720 "A" = outage time in hours "B" = total monthly charge for affected facility

15 ORIGINAL SHEET NO Restoration of Service SECTION 2 - RULES AND REGULATIONS (Cont'd) The use and restoration of service shall be administered by the Underlying Carrier in accordance with the priority system specified in the Rules and Regulations of the Minnesota Public Utilities Commission. 2.6 Deposits Company does not require a deposit from its customers. 2.7 Advance Payments 2.8 Taxes Company does not collect advance payments. Customer is responsible for the payment of any sales, use, gross receipts, excise, access or other local, state and federal taxes, charges or surcharges (however designated) excluding taxes on Company s net income, imposed on or based upon the provision, sale or use of Company s Services. Such charges imposed upon or apportioned to Customer shall be shown as separate line items on Customer s invoice and are not included in Company's scheduled rates. Any taxes imposed by a local jurisdiction (e.g., county and municipal taxes) will only be recovered from those Customers located in the affected jurisdictions.

16 ORIGINAL SHEET NO. 16 SECTION 3 - DESCRIPTION OF SERVICES Inbound/Outbound Switched and Dedicated Long Distance Services The Company offers 1+ inbound/outbound intrastate interexchange long distance service utilizing switched or dedicated access arrangements between the Customers Premises and the Company s facilities for call origination. Call termination is completed through an underlying carrier s switched access arrangements. 3.2 Long Distance Service Area Company's long distance services are available in all equal access exchanges throughout the State. 3.3 Calling Card Service The Company s Calling Card Service permits Customers to place calls utilizing Company issued Calling Cards for billing purposes. 3.4 Timing of Calls 3.4.A. 3.4.B. 3.4.C. Long distance usage charges are based on the actual usage of the Company s service. Chargeable time begins when a connection is established between the Calling Station and the Called Station. Chargeable time ends when either party hangs up thereby releasing the network connection. Unless otherwise specified in this Tariff, the minimum call duration for billing purposes is eighteen (18) seconds for intrastate long distance calls. In addition, unless otherwise specified in this Tariff, usage is measured thereafter in six (6) second increments and rounded to the next higher six (6) second period. There is no charge for incomplete calls.

17 3rd Revised SHEET NO. 17 Replacing 2nd Revised SHEET NO Long Distance Toll Usage Rates SECTION 4 - RATES The following are usage charges which apply to all 1+, direct dialed intrastate long distance calls. These rates are in effect 24 hours per day, 7 days per week. 4.1.A. Switched and Dedicated Inbound and Outbound Usage Rates $0.121/minute. (I) 4.2 Calling Card Usage Rates Calling card calls are billed in full minute increments. Per Minute: $ Directory Assistance Per Use: $1.99 ISSUED: February 26, 2010 EFFECTIVE: March 1, 2010

18 ORIGINAL SHEET NO. 18 SECTION 5 GRANDFATHERED SERVICES APPLICABLE ONLY TO FORMER CUSTOMERS OF ATX LICENSING, INC. ALL MATERIAL ON THIS PAGE IS NEW On the effective date of this Section 5, Minnesota customers of ATX Licensing, Inc. will be consolidated into the existing customer base of The material set forth in this Section 5 is relocated from identified pages of ATX Licensing, Inc. Tariff No. 1, which sets forth the regulations, descriptions and rates applicable to Interexchange telecommunications services provided by ATX Licensing, Inc. Within the State of Minnesota Pursuant to Order of the Public Utilities Commission dated October 8, 2008, in Docket No. P5901,6658/PA , the following information, consisting of the existing rate lists of ATX Licensing, Inc. as on file with the Public Utilities Commission as of the issuance date hereof is incorporated herein for the benefit of those customers of which were customers of ATX Licensing, Inc., immediately prior to the customer base consolidation and are available only to such customers. These services will be available to each former ATX customer from the effective date through the date on which services offered pursuant to this Section 5 are terminated, voluntarily or involuntarily, to such customer. In the event a former ATX customer s service under this Section 5 is terminated, service may be available to such customer only pursuant to other sections of this tariff. ISSUED: NOVEMBER 11, 2008 EFFECTIVE: NOVEMBER 12, 2008

19 ORIGINAL SHEET NO. 19 SECTION 5 GRANDFATHERED SERVICES APPLICABLE ONLY TO FORMER CUSTOMERS OF ATX LICENSING, INC. ALL MATERIAL ON THIS PAGE IS NEW: RELOCATED FROM ATX Licensing, Inc. Tariff No. 1, p Usage Charges: Inbound/Outbound Domestic WATS Dedicated Uniform Rate Period: All calls placed at any time, will be billed at the following uniform rate. Rate $ o 30 second minimum/6 second increment billing o Monthly access charge installation. Pass through local exchange company or competitive local exchange company 5.2 Usage Charges: Inbound/Outbound domestic WATS Switched Rate $ o 30 second minimum/6 second increment billing o Monthly access charge installation. Pass through local exchange company or competitive local exchange company ISSUED: NOVEMBER 11, 2008 EFFECTIVE: NOVEMBER 12, 2008

20 ORIGINAL SHEET NO. 20 SECTION 5 GRANDFATHERED SERVICES APPLICABLE ONLY TO FORMER CUSTOMERS OF ATX LICENSING, INC. ALL MATERIAL ON THIS PAGE IS NEW: RELOCATED FROM ATX Licensing, Inc. Tariff No. 1, p Usage Charges: Residential Intrastate DDD Rate Time of Day Rate $ o Full Minute Billing 5.4 Usage Charges: Domestic Corporate Travel Service Rate: $0.30 o Calls to Canadian and International Destinations: $0.75 surcharge per call o IntraLATA travel pricing applies to calls originating and terminating within the home LATA o Metronet travel pricing applies to calls originating and terminating in the following area codes: 201, 202, 212, 215, 301, 302, 410, 516, 609, 610, 703, 718, 908, 914 o Standard travel pricing applies to all other call card calls o Full Minute Billing (a) Day Rate Period: Calls placed from 8:00 a.m. but not including 5:00 p.m., Monday through Friday (b) Evening Rate Period: Calls placed from 5:00 p.m. to but not including 11:00 p.m., Sunday through Friday and Carrier recognized holidays (c) Night/Weekend Rate Period: Calls placed from 11:00 p.m. to but not including 8:00 a.m., Sunday through Friday, all day Sunday, and from midnight to but not including 5:00 p.m. Sunday. ISSUED: NOVEMBER 11, 2008 EFFECTIVE: NOVEMBER 12, 2008

21 ORIGINAL SHEET NO. 21 SECTION 5 GRANDFATHERED SERVICES APPLICABLE ONLY TO FORMER CUSTOMERS OF ATX LICENSING, INC. 5.5 Usage Charges: Directory Assistance ALL MATERIAL ON THIS PAGE IS NEW: RELOCATED FROM ATX Licensing, Inc. Tariff No. 1, p. 30 Uniform Rate Period. All IntraLATA, Intrastate Directory Assistance calls placed at any time, will be billed at the following uniform rate: Rate Mileage Per Call Rate Intrastate calls $0.90 Interstate calls $1.05 Canada $1.05 ISSUED: NOVEMBER 11, 2008 EFFECTIVE: NOVEMBER 12, 2008