Global Crossing Local Services, Inc. Maryland P.S.C. Tariff No. 4 Original Page 1 COMPETITIVE ACCESS PROVIDER SERVICES TARIFF

Transcription

1 Original Page 1 This tariff, Maryland P.S.C. Tariff No. 4 filed by Global Crossing Local Services, Inc. cancels and replaces, in its entirety, the current tariff on file with the Commission Maryland P.S.C. Tariff No. 3 filed by Global Crossing Local Services, Inc. Tariff Schedule Applicable to Intrastate Access Service Telecommunications Services Furnished by Global Crossing Local Services, Inc. Between Points Within the State of Maryland

2 Original Page 2 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 Page 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 Commission. For example, the 4 th revised Page 14 cancels the 3 rd revised Page 14. C. Paragraph Numbering Sequence - There are various levels of paragraph coding. Each level of coding is subservient to its next higher level: D. Check Sheets - When a tariff filing is made with the Commission, 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. An asterisk designates all revisions made in a given filing (*). There will be no other symbols used on this page if these are the only changes made to it (i.e., the format, etc. remain 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 Commission.

3 9th Revised Page 3 Replaces 8th Revised Page 3 CHECK SHEET Sheets 1 through (insert number) inclusive of this tariff are effective as of the date shown at the bottom of the respective sheet(s). Original and revised sheets as named below comprise all changes from the original tariff and are currently in effect as of the date on the bottom of this sheet. PAGE REVISION PAGE REVISION 1 Original 26 Original 2 Original 27 Original 3* 9th Revised 28 Original 4 Original 28-1 Original 5 Original 28-2 Original 6 Original 29 Original 7 Original 30 Original 8 1st Revised 31 Original 8.1 Original 32 Original 9 Original 33 Original 10 Original st Revised 11 1st Revised Original 12 Original st Revised 13 Original 33.3 Original 14 Original 33.4 Original 15 Original 33.5 Original 16 Original 34 Original 17 Original 35 Original 18 Original 36 Original 19 Original 37* 8th Revised 20 Original 38 Original 21 Original 22 1st Revised 23 Original 24 Original 25 Original * - Indicates pages included with this filing Issued: June 13, 2018 Effective: July 18, 2018 General Counsel Regulatory Policy 1025 Eldorado Boulevard Broomfield, CO 80021

4 Original Page 4 TABLE OF CONTENTS 1 GENERAL Explanation of Symbols Application of the Tariff Definitions RULES AND REGULATIONS Undertaking of the Company Obligations of the Customer Liability of the Company Application for Service Payment for Service Allowance for Interruptions in Service Special Customer Arrangements Unlawful Use of Service Interference with or Impairment of Service Telephone Solicitation by Use of Recorded Messages Overcharge/Undercharge Individual Case Basis ( ICB ) Offerings Non-Routine Installations Special Construction DESCRIPTION OF SERVICES General RATES AND CHARGES General Provision and Description of Switched Access Service Arrangements Rates... 34

5 Original Page Explanation of Symbols 1 GENERAL (C) To signify a changed regulation (D) To signify a discontinued rate or regulation (I) To signify an increase in a rate (M) To signify text or rates relocated without change (N) To signify a new rate or regulation or other text (R) To signify a reduction in a rate (S) To signify reissued regulations (T) To signify a change in text but no change in rate (Z) To signify a correction

6 Original Page Application of the Tariff 1 GENERAL (CONT'D) This tariff governs the Carrier s services that originate and terminate in Maryland. Specific services and rates are described elsewhere in this tariff The Company s services are available to carrier customers The Company s service territory is consistent with Verizon Maryland's tariff.

7 Original Page Definitions 1 GENERAL (CONT'D) Access Code: A uniform seven digit code assigned by the Company to an individual Customer. The seven digit code has the form 950-XXXX or 101XXXX. Access Service Request (ASR): The industry service order format used by Access Service Customers and access providers as agreed to by the Ordering and Billing Forum. Access Tandem: An Exchange Carrier's switching system that provides a concentration and distribution function for originating or terminating traffic between local switching centers and Customers' premises. Authorized User: A person, firm, corporation or other entity that either is authorized by the Customer to use Access Services or is placed in a position by the Customer, either through acts or omissions, to use Access Services. Carrier or Common Carrier: See Interexchange Carrier or Exchange Carrier. Co-Carrier: Any other Telecommunications provider authorized by the Commission to provide local exchange service in the state. Commission: Means the Maryland Public Service Commission. Common Channel Signaling (CCS): A high-speed packet switched communications network which is separate (out of band) from the public packet switched and message networks. It is used to carry addressed signaling messages for individual trunk circuits and/or database related services between signaling points in the CCS network. Company: Global Crossing Local Services, Inc., issuer of this tariff. Completed call: Is a call which the Company s network has determined has been answered by a person, answering machine, fax machine, computer modem device, or other answering device.

8 1st Revised Page 8 Cancels Original Page Definitions (Cont'd) 1 GENERAL (CONT'D) Constructive Order: Delivery of calls to or acceptance of calls from the Company s End User locations over Company-switched local exchange services constitutes a Constructive Order by the Customer to purchase switched access services as described herein. Similarly the selection by a Company s End User of the Customer as the presubscribed IXC constitutes a Constructive Order of switched access by the Customer. Customer: The person, firm, corporation or other entity which orders Service and is responsible for the payment of charges and for compliance with the Company's tariff regulations. The Customer could be an interexchange carrier, a wireless provider, or any other carrier authorized to operate in the state. 8XX Data Base Access Service: The term "8XX Data Base Access Service" denotes a toll-free originating Trunkside Access Service when the 8XX Service Access Code (i.e., 800, 822, 833, 844, 855, 866, 877, or 888 as available) is used. End Office Access Service: For the purpose of this tariff, End Office Access Service shall mean: (1) The switching of access traffic at the carrier s end office switch and the delivery of such traffic to or from the called party s premises; (2) The routing of interexchange telecommunications traffic to or from the called party s premises, either directly or via contractual or other arrangements with an affiliated or unaffiliated entity, regardless of the specific functions provided or facilities used; or (3) Any functional equivalent of the incumbent local exchange carrier access service provided by Company including local switching, the carrier common line rate elements, and intrastate access services. End Office Access Service rate elements for Company includes any functionally equivalent access service; (4) The origination and termination of interexchange telecommunications traffic to any end user, either directly or via contractual or other arrangements with an affiliated or unaffiliated provider of interconnected VoIP service, as defined in 47 U.S.C. 153(25), or a non-interconnected VoIP service, as defined in 47 U.S.C. 153(36), that does not itself seek to collect reciprocal compensation charges prescribed by this subpart for that traffic, regardless of the specific functions provided or facilities used. (N) (N) (M) (M) (M) - Certain material previously located on this page is now found on Page 8.1. Issued: February 24, 2012 Effective: March 25, 2012 Michael J. Shortley III, Vice President - Legal

9 Original Page GENERAL (CONT'D) 1.3 Definitions (Cont'd) (M) End User: Any individual, association, corporation, governmental agency or any other entity other than an Interexchange Carrier which subscribes to intrastate service provided by an Exchange Carrier. Entrance Facility: A trunk facility connecting the Customer s point of presence with the local switching center. Exchange Carrier: Any individual, partnership, association, joint-stock company, trust, governmental entity or corporation engaged in the provision of local exchange telephone service. Firm Order Confirmation (FOC): Acknowledgment by the Company of receipt of an Access Service Request from the Customer and commitment by the Company of a Service Date. Individual Case Basis: A service arrangement in which the regulations, rates and charges are developed based on the specific circumstances of the Customer's situation. Inter-MTA Traffic: Wireless traffic originating on the network of a Wireless Provider within one Major Trading Area (MTA) and terminating to another MTA. (M) (M) - Material found on this page was previously located on Page 8. Issued: February 24, 2012 Effective: March 25, 2012 Michael J. Shortley III, Vice President - Legal

10 Original Page Definitions (Cont'd) 1 GENERAL (CONT'D) Interexchange Carrier (IXC) or Interexchange Common Carrier: Any individual, partnership, association, joint-stock company, trust, governmental entity or corporation engaged in state or foreign communication for hire by wire or radio, between two or more exchanges. LATA: A local access and transport area established pursuant to the Modification of Final Judgment entered by the United States District Court for the District of Columbia in Civil Action No for the provision and administration of communications services. Line Information Data Base (LIDB): The data base which contains base information such as telephone numbers, calling card numbers and associated billed number restriction data used in connection with the validation and billing of calls. Local Access: The connection between a Customer's premises and a point of presence of the Exchange Carrier. Local Switching Center: The switching center where telephone exchange service Customer station channels are terminated for purposes of interconnection to the Company and to interoffice Trunks. Local Traffic: Traffic is Local Traffic under this tariff is: (i) the call originates and terminates in the same exchange area; or (ii) the call originates and terminates within different exchanges that share a common mandatory local calling area, e.g., a mandatory Extended Local Calling Service (ELCS) or Extended Area Service areas (EAS) or other like types of mandatory local calling scopes. Major Trading Area (MTA): As defined in 47 C.F.R (a). Meet Point: A point of interconnection that is not an end office or tandem. Meet Point Billing: The arrangement through which multiple Exchange Carriers involved in providing Access Services, divide the ordering, rating, and billing of such services on a proportional basis, so that each Exchange Carrier involved in providing a portion of the Access Service agrees to bill under its respective tariff.

11 Original Page Definitions (Cont'd) 1 GENERAL (CONT'D) Network Services: The Company's telecommunications Access Services offered on the Company's network. Non-Recurring Charges: The one-time initial charges for services or facilities, including but not limited to charges for construction, installation, or special fees, for which the Customer becomes liable at the time the Service Order is executed. Off-Hook: The active condition of Switched Access or a telephone exchange service line. Optional Expanded Area Service Traffic (OEAS): Optional service found in large urban areas financed by separate charge on end users that elect service as defined by a tariffed approved by the Commission. On-Hook: The idle condition of switched access or a telephone exchange service line. Out of Band Signaling: An exchange access signaling feature which allows customers to exchange call control and signaling information over a communications path which is separate from the message path. Point of Presence: Location where the Customer maintains a facility for purposes of interconnecting to the Company's network. Premises: The space occupied by a Customer or Authorized User in a building or buildings or on contiguous property (except railroad rights-of-way, etc.). Presubscription: An arrangement whereby an End User may select and designate to the Company an IXC or Carriers it wishes to access, without an Access Code, for completing both intralata toll calls and/or interlata calls. The selected IXC(s) are referred to as the End User's Primary Interexchange Carrier (PIC). Recurring Charges: The monthly charges to the Customer for services, facilities and equipment, which continue for the agreed upon duration of the service. Residential: Customer is a customer who has telephone service at a dwelling and who uses the service primarily for domestic or social purposes. All other customers are non-residential customers.

12 1st Revised Page 11 Cancels Original Page Definitions (Cont'd) 1 GENERAL (CONT'D) Service Order: The written request for Switched Access Services executed by the Customer and the Company in a format devised by the Company; or, in the alternative, the submission of an Access Service Request (ASR) by the Customer in the manner specified in this tariff. Service(s): Means any telecommunications service(s) provided by the Carrier, like Switched Access Service provided under this tariff. Service Outage: A failure of the Service that results in a complete loss of call origination and/or receipt capability. A Service Outage begins when the Customer reports the Service Outage to the Company and ends when the affected circuit and/or associated Company equipment is fully operational in accordance with the technical specifications. Signaling Point of Interface: The Customer designated location where the SS7 signaling information is exchanged between the Company and the Customer. Signaling System 7 (SS7): The common Channel Out of Band Signaling protocol developed by the Consultative Committee for International Telephone and Telegraph (CCITT) and the American National Standards Institute (ANSI). Station: Means a telephone instrument consisting of a connected transmitter, receiver, and associated apparatus to permit sending or receiving telephone messages. Switched Access Service: Access to the switched network of an Exchange Carrier provided hereunder to an Interexchange Carrier (or a Wireless Provider for Inter-MTA Traffic) for the purpose of terminating communications to, or originating communications from, End User customers of the Company. VoIP-PSTN Traffic: The term VoIP-PSTN Traffic denotes a Customer s interexchange toll voice traffic exchanged with the Telephone Company in Time Division Multiplexing format over PSTN facilities, which originates and/or terminates in Internet Protocol (IP) format. VoIP-PSTN Traffic originates and /or terminates in IP format when it originates from and/or terminates to an end user customer of a service that requires IP-compatible customer premises equipment. (N) (N) Trunk: A communications path connecting two switching systems in a network, used in the establishment of an end-to-end connection. Wireless Provider: Any carrier authorized to operate as a provider of cellular, personal communications, paging or any other form of wireless transmission. Issued: February 24, 2012 Effective: March 25, 2012 Michael J. Shortley III, Vice President - Legal

13 Original Page Undertaking of the Company 2 RULES AND REGULATIONS The Company may offer these Switched Access Services over its own or resold facilities. The Company installs, operates, and maintains the communications services provided herein in accordance with the terms and conditions set forth under this tariff. The Company may act as the Customer s agent for ordering access connection facilities provided by other Carriers or entities as required in the Commission s rules and orders, when authorized by the Customer, to allow connection of a Customer s location to the Company's network. The Customer shall be responsible for all charges due for such facilities. The Company s Services and facilities are provided on a monthly basis unless otherwise indicated, and are available twenty-four hours per day, seven days per week.

14 Original Page Obligations of the Customer 2 RULES AND REGULATIONS (CONT'D) The Customer shall be responsible for: The payment of all applicable charges pursuant to this tariff; Reimbursing the Company for damage to, or loss of, the Company s facilities or equipment caused by: the acts or omissions of the customer; or the noncompliance by the customer with these regulations; or by fire or theft or other casualty on the customer s premises unless caused by the negligence or willful misconduct of the employees or agents of the Company Providing at no charge, as specified from time to time by the Company, any needed space and power to operate the Company s facilities and equipment installed on the customer s premises Complying with all laws and regulations regarding the working conditions on the premises at which the Company s employees and agents shall be installing or maintaining the Company s facilities and equipment. The Customer may be required to install and maintain the Company s facilities and equipment within a hazardous area if, in the Company s opinion, injury or damage to the Company s employees or property might result from installation or maintenance by the Company. The Customer shall be responsible for identifying, monitoring, removing and disposing of any hazardous material prior to any construction or installation work.

15 Original Page Obligations of the Customer (Cont'd) 2 RULES AND REGULATIONS (CONT'D) The Customer shall be responsible for (Cont d) Complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses and permits as may be required with respect to, the location of the Company s facilities and equipment in any customer premises for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment of the Company Making Company facilities and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the customer. No allowance for interruptions in service will be made for the period during which service is interrupted for such purposes.

16 Original Page Obligations of the Customer (Cont'd) 2 RULES AND REGULATIONS (CONT'D) With respect to any service or facility provided by the Company, the Customer shall indemnify, defend and hold harmless the Company from all claims, actions, damages, liabilities, costs and expenses for: Any loss, destruction or damage to property of the Company or any third party, or injury to persons, including, but not limited to, employees or invitees of either the Company or the customer, to the extent caused by or resulting from the negligent or intentional act or omission of the customer, its employees, agents, representatives or invitees; or Any claim, loss, damage, expense or liability for infringement of any copyright, patent, trade secret, or any proprietary infringement of any copyright, patent, trade secret, or any proprietary or intellectual property right of any third party, arising from any act or omission by the customer The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilities is compatible with such equipment and facilities. The connection, operation, testing, or maintenance of such equipment shall be such as not to cause damage to the Company provided equipment and facilities or injury to the Company s employees or other persons. Any additional protective equipment required to prevent such damage or injury shall be provided by the Company at the Customer s expense.

17 Original Page Obligations of the Customer (Cont'd) 2 RULES AND REGULATIONS (CONT'D) Upon reasonable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessary to determine that the customer is complying with the requirements set forth in this tariff for the installation, operation, and maintenance of Customer-provided facilities and equipment that is connected to Company-owned facilities and equipment. 2.3 Liability of the Company In view of the fact that the Customer has exclusive control over the use of service and facilities furnished by the Company, and because certain errors incident to the services and to the use of such facilities of the Company are unavoidable, services and facilities are furnished by the Company subject to the terms, conditions and limitations herein specified:

18 Original Page Liability of the Company (Cont'd) Service Irregularities 2 RULES AND REGULATIONS (CONT'D) The liability of the Company for damages arising out of mistakes, omissions, interruptions, delays, errors or defects in transmission, or failures or defects in facilities furnished by the Company, occurring in the course of furnishing service or other facilities and not caused by the negligence of the Customer, shall in no event exceed an amount equivalent to the proportionate charge to the Customer for the service or facilities affected during the period such mistake, omission, interruption, delay, error or defect in transmission, or failure or defect in facilities continues after notice and demand to Company The Company shall not be liable for any act or omission of any connecting carrier, underlying carrier or local exchange Company; for acts or omission of any other providers of connections, facilities, or service; or for culpable conduct of the Customer or failure of equipment, facilities or connection provided by the Customer Claims of Misuse of Service The Company shall be indemnified and saved harmless by the Customer against claims for libel, slander, fraudulent or misleading advertisements or infringement of copyright arising directly or indirectly from material transmitted over its facilities or the use thereof; against claims for infringement of patents arising from combining or using apparatus and systems of the customer with facilities of the Company; and against all other claims arising out of any act or omission of the Customer in connection with the services and facilities provided by the Company The Company does not require indemnification from the Customer where the action for which it is seeking indemnification is based on a claim of negligence by the Company.

19 Original Page Liability of the Company (Cont'd) 2 RULES AND REGULATIONS (CONT'D) Defacement of Premises The Company is not liable for any defacement of, or damage to, the Customer s premises resulting from the furnishing of service or the attachment of equipment and facilities furnished by the Company on such premises or by the installation or removal thereof, when such defacement or damage is not the result of negligence of the Company. For the purpose of this paragraph, no agents or employees of the other participating carriers shall be deemed to be agents or employees of the Company except where contracted by the Company Facilities and Equipment in Explosive Atmosphere, Hazardous or Inaccessible Locations The Company does not guarantee or make any warranty with respect to installations provided by it for use in an explosive atmosphere. Company shall be indemnified, defended and held harmless by the customer from and against any and all claims, loss, demands, suits, or other action, or any liability whatsoever, whether suffered, made, instituted or asserted by the Customer or by any other party, for any personal injury to or death of any person or persons, and for any loss, damage or destruction of any property, including environmental contamination, whether owned by the customer or by any other party, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, presence, condition, location, use or removal of any equipment or facilities or the service and not due to the gross negligence or willful misconduct of the Company.

20 Original Page Liability of the Company (Cont'd) 2 RULES AND REGULATIONS (CONT'D) Service at Outdoor Locations The Company reserves the right to refuse to provide, maintain or restore service at outdoor locations unless the Customer agrees in writing to indemnify and save the Company harmless from and against any and all loss or damage that may result to equipment and facilities furnished by the Company at such locations. The customer shall likewise indemnify and save the Company harmless from and against injury to or death of any person which may result from the location and use of such equipment and facilities Warranties The Company makes no warranties or representations, express or implied either in fact or by operation of law statutory or otherwise, including warranties of merchantability or fitness for a particular use, except those expressly set forth herein Acceptance of the provisions of Section 2.3 by the Commission does not constitute its determination that any disclaimer of warrantees or representations imposed by the Company should be upheld in a court of law Limitation of Liability Nothing in this tariff shall be construed to limit the Company s liability in cases of gross negligence or willful misconduct.

21 Original Page Application for Service 2 RULES AND REGULATIONS (CONT'D) Minimum Contract Period Except as otherwise provided, the minimum contract period is one month for all services furnished. However, if a Customer notifies the Company within twenty days after receipt of the first bill that certain services or equipment are not desired, the Company will delete such services or equipment from the customer s account without a record keeping or service ordering charge. The customer nonetheless shall be responsible for all monthly usage and installation charges incurred for the use of such service and equipment The Company may require a minimum contract period longer than one month in connection with special, non-standard types or arrangements of equipment, or for unusual construction, necessary to meet special demands for service.

22 Original Page Application for Service (Cont'd) 2 RULES AND REGULATIONS (CONT'D) Cancellation of Service Where the applicant cancels an order for service prior to the start of the installation or special construction of facilities, no charge shall apply, except to the extent the Company incurs a service order or similar charge from a supplying carrier, if any, prior to the construction Where the installation of facilities, other than those provided by special construction, has been started prior to cancellation, the lower of the following charge applies: A or B The total costs of installing and removing such facilities; The monthly charges for the entire initial contract period of the service ordered by the Customer as provided in this tariff plus the full amount of any applicable installation and termination charges Where special construction of facilities has been started prior to the cancellation, and the Company has another requirement for the specially constructed facilities, no charge applies.

23 1st Revised Page 22 Cancels Original Page Payment for Service 2 RULES AND REGULATIONS (CONT'D) Service will be billed directly by the Company on a monthly basis and is due and payable upon receipt or as specified on the Customer s bill. Service will continue to be provided until canceled by the Customer or discontinued by the Company as set forth in COMAR through COMAR The Customer is responsible for payment of all charges for service furnished to the Customer. Charges based on actual usage during a month will be billed monthly in the month following the month in which the service was used. All fixed monthly and nonrecurring charges for services ordered will be billed monthly in advance The Company reserves the right to require from an applicant for service advance payments of fixed charges and nonrecurring charges. The advance payment will not exceed an amount equal to the nonrecurring charge(s) and one month s charges for the service or facility. In addition, where special construction is involved, the advance payment may also include an amount equal to the estimated nonrecurring charges for the special construction. The advance payment will be applied to any indebtedness for the service and facilities for which the advance payment is made on the customer s initial bill. Advanced payments for installation costs or special construction will be credited on the first bill in their entirety If any portion of the monthly payment is received by the Company after the payment Due Date as set forth above, or if any portion of the payment is received by the Company in funds which are not immediately available to the Company, a late payment penalty shall be due the Company. Any payment or portion thereof not received by the Due Date is subject to a late charge on the unpaid amount at the lesser of 1.5% per month or the maximum rate permitted by law. (N) (N) Issued: February 24, 2012 Effective: March 25, 2012 Michael J. Shortley III, Vice President - Legal

24 Original Page 23 2 RULES AND REGULATIONS (CONT'D) 2.6 Allowance for Interruptions in Service Credit for failure of service or equipment will be allowed only when failure is caused by or occurs in equipment owned, provided, or billed for, by the Company. The Carrier agrees to abide by the regulations associated with interruptions in service as specified by Code of Maryland Regulations as amended from time to time Interruptions in Service which are not due to the negligence of or noncompliance with the provisions of this tariff by, the Customer or the operation or malfunction of the facilities, power, or equipment provided by the Customer, will be credited to the Customer as set forth in this Section 2.6 for the part of the Service that the interruption affects ("Credit Allowance") The Credit Allowance will be calculated by the Company after the Customer notifies the Company of a Service Outage. The amount of the allowance will depend on the length of the Service Outage and the Service impacted. Credit Allowances, if any, will be deducted from the charges payable by the Customer and will be expressly indicated on the next invoice Credit Allowances do not apply to outages (i) caused by the Customer; (ii) due to failure of equipment provided by the Customer; (iii) during any period in which the Company is not given access to the Customer's premises; (iv) failures of another Carrier's facilities or equipment; (vi) inability to gain access to the Customer's equipment; and (vii) due to mutually agreed upon maintenance and repair. In the event the Company receives an outage credit from another Carrier for an outage that resulted in a Service Outage for which Customer is not entitled to a Credit Allowance hereunder, then the Company shall pass through a pro-rate portion of such credit to the Customer in the form of a credit on the next Customer's invoice.

25 Original Page 24 2 RULES AND REGULATIONS (CONT'D) 2.6 Allowance for Interruptions in Service Limitations on Allowances In addition to the provisions of Section no Credit Allowance will be made for: interruptions due to the negligence of, or noncompliance with the provisions of this tariff by, the Customer, Authorized User or other Carrier providing service connected to the Service of Company; interruptions due to the negligence of any person other than the Company, including, but not limited to, the Customer or other Carriers connected to the Company's facilities; interruptions due to the failure or malfunction of non-company equipment; interruptions of Service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; interruptions of Service during a period in which the Customer continues to use the Service on an impaired basis; interruptions of Service during any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; interruption of Service due to circumstances or causes beyond the control of the Company.

26 Original Page Special Customer Arrangements 2 RULES AND REGULATIONS (CONT'D) In cases where a Customer requests special or unique arrangements which may include but are not limited to engineering, conditioning, installation, construction, facilities, assembly, purchase or lease of facilities and/or other special services not offered under this tariff, the Company, may provide the requested services. Appropriate recurring charges and/or nonrecurring charges and other terms and conditions will be developed for the Customer for the provisioning of such arrangements. 2.8 Unlawful Use of Service Service shall not be used for any purpose in violation of law or for any use as to which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents, and permits. The Company may refuse to furnish service to an applicant or may disconnect the service without notice to a Customer when: An order shall be issued, signed by a judge finding that probable cause exists to believe that the use made or to be made of the service is prohibited by law, or The Company is notified in writing by a law enforcement agency acting within its jurisdiction that any facility furnished by the Company is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of the law The Company reasonably believes that the Customer is using the Service in any unlawful manner or for any unlawful purpose or in a manner inconsistent with this tariff If service has been physically disconnected by law enforcement officials at the customer s premises and if there is not presented to the Company the written finding of a judge, then upon written or verbal request of the subscriber, and agreement to pay restoral of service charges and other applicable service charges, the Company shall promptly restore such service.

27 Original Page 26 2 RULES AND REGULATIONS (CONT'D) 2.9 Interference with or Impairment of Service Service shall not be used in any manner that interferes with other persons in the use of their service, prevents other persons from using their service, or otherwise impairs the quality of service to other customers. The Company may require a Customer to immediately shut down its transmission of signals if said transmission is causing interference to others or impairing the service of others Telephone Solicitation by Use of Recorded Messages Service shall not be used for the purpose of solicitation by recorded messages when such solicitation occurs as a result of unrequested or unsolicited calls initiated by the solicitor by means of automatic dialing devices. Such devices, with storage capability of numbers to be called or a random or sequential number generator that produces numbers to be called and having the capability, working alone or in conjunction with other equipment, of disseminating a prerecorded message to the number called and which are calling party or called party controlled, are expressly prohibited Overcharge/Undercharge Overcharge/undercharge provisions will be in accordance with COMAR When a customer has been overcharged, the amount shall be refunded or credited to the customer Individual Case Basis ( ICB ) Offerings The tariff may not specify the price of a service in the tariff as ICB. The Company may or may not have an equivalent service in its tariff on file with the Commission, and the quoted ICB rates may be different than the tariffed rates. An ICB must be provided under contract to a customer and the contract filed (can be under seal) with the Commission. All customers have non-discriminatory access to requesting the service under an ICB rate.

28 Original Page Non-routine Installation 2 RULES AND REGULATIONS (CONT'D) At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in unusual locations. In such cases, charges based on cost of the actual labor, material, or 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 Special Construction Subject to the arrangement of the Company and to all of the regulations contained in this tariff, special construction of facilities may be undertaken, in the Company s sole discretion and on a reasonable efforts basis, at the request of the Customer. Special construction is that construction undertaken and characterized by one or more of the following: where facilities are not presently available and there is no other requirement for the facilities so constructed; where the facilities requested or necessary to provide the Service are of a type other than that which the Company would normally utilize in the furnishing of its services; where facilities are to be installed over a route other than that which the Company would normally utilize in the furnishing of its services; where facilities are requested in a quantity greater than that which the Company would normally construct; where installation is on an expedited basis;

29 Original Page 28 2 RULES AND REGULATIONS (CONT'D) 2.14 Special Construction (Cont'd) on a temporary basis until permanent facilities are available; installation involving abnormal costs; or in advance of its normal construction schedules. Special construction charges will be determined on an individual case basis.

30 Original Page RULES AND REGULATIONS (CONT'D) 2.15 Billing Disputes (N) The Customer may dispute a bill in good faith only by written notice to the Company. Unless such notice is received within 90 days (commencing 5 days after such bills have been mailed or otherwise rendered per the Company's normal course of business), the bill statement shall be deemed to be correct and payable in full by Customer. Any Customer who has a dispute shall be advised by the Company that the Customer may file a formal or informal complaint with the Commission. Such claim must identify in detail the basis for the dispute, and if the Customer withholds disputed amounts, it must identify the account number under which the bill has been rendered, the date of the bill, and the specific items on the bill being disputed to permit the Company to investigate the merits of the dispute The date of the dispute shall be the date on which the Customer furnishes the Company the following account information: A. A clear explanation of the basis of the dispute, including what the Customer believes is incorrect (e.g., nonrecurring charge; mileage; circuit identification) and the reason why the Customer believes the bill is incorrect (e.g., monthly rate billed not same as in tariff; facility not ordered; service not received); B. The account number under which the bill was rendered; C. The date of the bill; D. The invoice number; E. The exact dollar amount in dispute; F. The universal service order code(s)(usocs) and/or rate element associated with the service; (N) Issued: February 24, 2012 Effective: March 25, 2012 Michael J. Shortley III, Vice President - Legal

31 Original Page RULES AND REGULATIONS (CONT'D) 2.15 Billing Disputes, (Cont'd) (N) (Cont'd) G. Details sufficient to identify the specific amount(s) and item(s) in dispute; H. The name of the person initiating the Customer s dispute; and I. Additional data as the Company reasonably requests from the Customer to resolve the dispute. The request for such additional information shall not affect the Customer s dispute date as set forth preceding The date of resolution is the date the Company completes the investigation and credits the Customer account or confirms the billing as accurate and denies the dispute In the event that a billing dispute concerning any charges billed to the Customer by the Company is resolved in favor of the Company, any payments withheld pending settlement of the dispute shall be subject to the late payment penalty set forth in Section preceding. (N) Issued: February 24, 2012 Effective: March 25, 2012 Michael J. Shortley III, Vice President - Legal

32 Original Page General 3 DESCRIPTION OF SERVICES This section sets forth the regulations and order related charges for ASRs for Switched Access Service. These charges are in addition to other applicable charges set forth in other sections of this tariff Ordering Conditions Customer may order switched access through a Constructive Order, as defined herein, or through an ASR. The format and terms of the ASR will be as specified in the Industry Access Service Order Guidelines, unless otherwise specified herein.

33 Original Page General (Cont d) 3 DESCRIPTION OF SERVICES (CONT'D) Minimum Period of Service The minimum period for which Service is provided and for which charges are applicable is one month A The following changes will be treated as a discontinuance of the existing Service and a request for installation of a new Service. All associated non-recurring charges (NRCs) will apply for the new service, and a new minimum period will be established: A A.2 A change in the identity of the Customer of record; or A move by the Customer to a different building B When Service is disconnected prior to the expiration of the minimum period, charges are applicable for the balance of the minimum period. The Minimum Period Charge for monthly billed services will be determined as follows: For Switched Access Service, the charge for a month or fraction thereof is equivalent to 50,000 billed minutes of use for the applicable service. All applicable non-recurring charges for the service will be billed in addition to the Minimum Period Charge.

34 Original Page General 4 RATES AND CHARGES Switched Access Service, which is available to Customers for their use in furnishing services to their customers, provides a two-point communications path between a Customer's Premises and an End User's Premises. It provides for the use of common terminating, switching and transport facilities. Switched Access Service provides the ability to originate calls from an End User s Premises to a Customer s Premises, and to terminate calls from a Customer s Premises to an End User s Premises. In those situations where a Wireless Provider terminates intermta traffic to end-user subscribers of the Company then the rates, terms and conditions of this tariff will apply. Switched Access Service is available when originating or terminating calls from or to an End User which subscribes to the Company s local exchange services. 4.2 Provision and Description of Switched Access Service Arrangements Feature Group Access Feature Group Access is provisioned at the DS-1 level and provides trunk-side access to Local Switching Center switches, for the Customer's use in originating and terminating communications. Basic Feature Group Access service will be provided with Multi-Frequency In Band Signaling (SS7 is also available, where capabilities exist). All traffic is routed to and from the Company s Local Switching Center via the Customer s tandem provider or via end office trucking, where available. Delivery of calls to, or acceptance of calls from, the Company s End User locations over Company-switched local exchange services shall constitute an agreement by the Customer to purchase switched access services as described herein. The Company reserves the right to require the Customer to submit an ASR for Switched Access Services.

35 Original Page 32 4 RATES AND CHARGES (CONT'D) 4.2 Provision and Description of Switched Access Service Arrangements (Cont d) Manner of Provision Trunks used for Switched Access Service may be configured for one-way (either originating only or terminating only) or for two-way directionality Call Types The following Switched Access Service call types are available: A B C Originating Feature Group Access Originating 800 Feature Group Access Terminating Feature Group Access Originating Feature Group Access The access code for Feature Group Access switching is a uniform access code of the form 1+ or 011+ or 101XXXX. For 101XXXX dialing a single access code will be the assigned number of all Feature Group Access provided to the Customer by the Company. When the access code is used, Feature Group Access switching also provides for dialing the digit 0 for access to the Customer s operator service, 911 for access to emergency service, and/or the end of dialing digit (#) for cutthrough access to the Customer s premises. The Company will provide originating Feature Group access consistent with dialing parity obligations.

36 Original Page 33 4 RATES AND CHARGES (CONT'D) 4.2 Provision and Description of Switched Access Service Arrangements (Cont d) Originating 800 Feature Group Access 800 Data Base Access Service is a service offering utilizing originating Trunk side Switched Access Service Terminating Feature Group Access Feature Group Access, when used in the terminating direction, may only be used to access End Users who are subscribing to the Company s local exchange services. Calls in the terminating direction will not be completed to 950-0XXX or 950-1XXX access codes, local operator assistance (0- and 0+), Directory Assistance, (411 or ) service codes 611 and 911 and 101XXXX access codes.

37 1st Revised Page 33.1 Cancels Original Page RATES AND CHARGES (CONT'D) 4.2 Provision and Description of Switched Access Service Arrangements (Cont d) Identification and Rating of VoIP-PSTN Traffic * This section governs the rating and identification of VoIP-PSTN Traffic. In accordance with the Federal Communications Commission s Report and Order released November 18, 2011 (FCC ) and Second Order on Reconsideration released April 25, 2012 (FCC 12-47), both in WC Docket No , et al. (together, the FCC Orders ): (1) intrastate VoIP-PSTN Traffic that originates on the Company s network and is bound for the Customer s end users is subject to the intrastate switched access rates set forth in this tariff until June 30, 2014, after which time it will be subject to interstate rates contained in the Company s Tariff F.C.C. No. 4; and (2) intrastate VoIP-PSTN traffic that is sent by the Customer for termination to Company end users is subject to interstate switched access rates set forth in the Company s Tariff F.C.C. No. 4. The remainder of this section establishes the method of separating VoIP-PSTN Traffic from the Customer s traditional intrastate access traffic, so that VoIP- PSTN Traffic can be billed in accordance with the FCC. Orders. (T) (T) (T) (T) (M) (M) (M) - Certain material previously located on this page is now found on Page * The changes to Section contained in the filing made on May 1, 2012 shall take effect on July 13, 2012 in accordance with the FCC Orders. Issued: May 1, 2012 Effective: July 1, 2012 Michael J. Shortley III, Vice President - Legal

38 Original Page RATES AND CHARGES (CONT'D) 4.2 Provision and Description of Switched Access Service Arrangements (Cont d) Identification and Rating of VoIP-PSTN Traffic (Cont'd.) A. Calculation and Application of Percent-VoIP-Usage Factors The Company will determine the number of VoIP-PSTN Traffic minutes of use (MOU) to which interstate rates will be applied by applying a Percent VoIP Usage (PVU) factor to the total terminating intrastate access MOU sent to a Company end user by the Customer. Beginning July 1, 2014, the Company will apply the PVU not just to terminating access MOU but to the total intrastate access MOU exchanged between the Company and the Customer. The PVU will be derived and applied as follows: 1. The Customer will calculate and furnish to the Company a factor (PVU-A) representing the whole number percentage of the total intrastate and interstate access MOU that the Customer exchanges with the Company in the State that is sent to the Company that originated in IP format. Beginning July 1, 2014, the Customer s PVU-A shall be based on access MOU the Customer exchanges with the Company in the State that is (i) sent to the Company that originated in IP format or (ii) is received from the Company and terminated in IP format. 2. The Company will calculate a factor (PVU-B) representing the whole number percentage of the Company s total intrastate and interstate access MOU in the State that terminates in IP format. Beginning July 1, 2014, the PVU-B shall be based on access MOU in the State that originates or terminates in IP format. (T) (T) (T) (T) (T) (M) (T) (M) (M) - Material found on this page was previously located on Page Issued: May 1, 2012 Effective: July 1, 2012 Michael J. Shortley III, Vice President - Legal