Interstate Private Line Services Price List

Transcription

1 Donald Shepheard, Vice President - Federal Regulatory Affairs Park Meadows Drive Littleton, CO Original Title Page TITLE PAGE OF tw telecom This price list contains the descriptions, regulations and rates applicable to the furnishing of Interstate Private Line Services provided by tw telecom. This price list is on file at the Company's principal place of business.

2 Donald Shepheard, Vice President - Federal Regulatory Affairs Original Page Park Meadows Drive Littleton, CO CHECK SHEET Pages of this price list, as indicated below, are effective as of the date shown at the bottom of the respective pages. Original and revised pages, as named below, comprise all changes from the original price list and are currently in effect as of the date on the bottom of this page. PAGE REVISION PAGE REVISION PAGE REVISION Title Original * 31 Original * 62 Original * 1 Original * 32 Original * 63 Original * 2 Original * 33 Original * 64 Original * 3 Original * 34 Original * 65 Original * 4 Original * 35 Original * 66 Original * 5 Original * 36 Original * 67 Original * 6 Original * 37 Original * 68 Original * 7 Original * 38 Original * 69 Original * 8 Original * 39 Original * 70 Original * 9 Original * 40 Original * 71 Original * 10 Original * 41 Original * 72 Original * 11 Original * 42 Original * 73 Original * 12 Original * 43 Original * 74 Original * 13 Original * 44 Original * 75 Original * 14 Original * 45 Original * 76 Original * 15 Original * 46 Original * 16 Original * 47 Original * 17 Original * 48 Original * 18 Original * 49 Original * 19 Original * 50 Original * 20 Original * 51 Original * 21 Original * 52 Original * 22 Original * 53 Original * 23 Original * 54 Original * 24 Original * 55 Original * 25 Original * 56 Original * 26 Original * 57 Original * 27 Original * 58 Original * 28 Original * 59 Original * 29 Original * 60 Original * 30 Original * 61 Original * * - indicates those pages included with this filing

3 Original Page 2 TABLE OF CONTENTS Page Title Page Cover Check Sheet 1 Table of Contents 2 Issuing Carriers 3 Explanation of Symbols 4 Application of Price List 4 Section 1 - Definitions 5 Section 2 Rules and Regulations 9 Section 3 Service Descriptions 55 Section 4 Special Construction 74 Section 5 - Promotions 76

4 Original Page 3 ISSUING CARRIERS tw telecom holdings inc. tw telecom of alabama llc tw telecom of arizona llc tw telecom of california l.p. tw telecom data services llc tw telecom of florida l.p. tw telecom of georgia l.p. tw telecom of hawaii l.p. tw telecom of idaho llc tw telecom of illinois llc tw telecom of indiana l.p. tw telecom of iowa llc tw telecom of kansas city llc tw telecom of kentucky llc tw telecom of louisiana llc tw telecom of maryland llc tw telecom of minnesota llc tw telecom of mississippi llc tw telecom of nevada tw telecom of new jersey l.p. tw telecom of new mexico llc tw telecom of new york l.p. tw telecom of north carolina l.p. tw telecom of ohio llc tw telecom of oklahoma llc tw telecom of oregon llc tw telecom of south carolina llc tw telecom of tennessee llc tw telecom of texas llc tw telecom of utah llc tw telecom of virginia llc tw telecom of washington llc tw telecom of wisconsin l.p.

5 Original Page 4 EXPLANATION OF SYMBOLS The following symbols shall be used in this tariff for the purpose indicated below: (C) - To signify changed regulation. (D) - To signify discontinued rate or regulation. (I) - To signify increased rate. (M) - To signify a matter relocated without change (N) - To signify new rate or regulation. (R) - To signify reduced rate. (S) - To signify reissued matter. (T) - To signify a change in text but no change in rate or regulation. (Z) To signify a correction APPLICATION OF PRICE LIST This price list sets forth the service offerings, rates, terms and conditions applicable to the furnishing of Private Line Services by tw telecom to Customers within local exchanges. Service is currently offered only to nonresidential Customers.

6 Original Page 5 SECTION 1 - DEFINITIONS Certain terms used generally throughout this price list for the network services of this Company are defined below. Advance Payment: Part or all of a payment required before the start of service. Analog: A transmission method employing a continuous (rather than a pulsed or digital) electrical signal that varies in amplitude or frequency in response to changes of sound, light, position, etc., impressed on a transducer in the sending device. Application for Service: A standard Company order form which includes all technical and descriptive information which will enable the Company to provide the communication services or facilities, or both, as requested by the applicant and as provided by the Company. Authorized User: A carrier, person, firm, partnership, association, company, corporation, governmental agency or other entity, which is authorized by the Customer to be connected to the service of the Customer. An Authorized User must be specifically named in the application for service. Bit: The basic unit in digital communications. Channel: A point-to-point bi-directional path for digital transmission. A channel may be furnished in such a manner as the Company may elect, whether by wire, fiber optics, radio or a combination thereof whether or not by means of single physical facility or route. One mbps service is equivalent to 24 channels. Commission - The Federal Communications Commission or the Public Utility Commission of the State in which service is offered. Company: tw telecom. Customer: The carrier, person, firm, partnership, association, company, corporation, governmental agency or other entity, which orders, cancels, amends or uses service and is responsible for the payment of charges and compliance with the Company's regulations. Dedicated: A facility or equivalent system or subsystem set aside for the sole use of a specific Customer.

7 Original Page 6 SECTION 1 - DEFINITIONS, (CONT D.) Digital: A method of storing, processing and transmitting information through the use of distinct electronic or optical pulses that represent the binary digits (bits) 0 and 1. Digital transmission/switching technologies employ a sequence of discrete, individually distinct pulses to represent information, as opposed to the continuously variable signal of analog technologies. Duplex Service: Service that provides for simultaneous transmission in both directions. End User: Any person, firm, corporation, partnership or other entity which uses the services of the Company under the provisions and regulations of this price list. The end user is responsible for payment unless the charges for the services utilized are accepted and paid for by another Customer. Fiber Optic Cable: A thin filament of glass with a protective outer coating through which a light beam carrying communications signals may be transmitted by means of multiple internal reflections to a receiver, which translates the message. Impaired Service: That portion of service provided to a Customer or Authorized User that is temporarily inoperative during such time as the Company has not been notified of such status or has not been given an opportunity to test and repair. Individual Contract Basis ("ICB"): A service arrangement in which the regulation, rates and charges are developed based on the specific circumstances of the case and the charges for which are contained in a contract executed by the Customer and the Company. Interrupted Service: That portion of service provided to a Customer or Authorized User of which the Company has been notified of a temporary cessation and given an opportunity to test and repair. Mbps: Megabits; millions of bits per second. Network: The Company's transmission facilities, including its fiber optics-based communications system and all other transmission lines and interconnection equipment. Network Services: The Company's telecommunications services offered on the Company's Network.

8 Original Page 7 SECTION 1 - DEFINITIONS, (CONT D.) Node: The Company office where Customer facilities are terminated for purposes of interconnection to trunks and/or cross-connection to distant ends. Off-Net - Services provided by the Company that are carried in part on the Company's network. On-Net - Services provided by the Company that are carried entirely on the Company's network. One-Way Service: Service which provides for transmission in one direction. Premises: The space occupied by a Customer or Authorized User in a building or buildings or contiguous property (except railroad rights-of-way, etc.) not separated by a highway. Special Construction: Service configurations specifically designed and constructed at a Customer's request. Station: A premises or point designated by the Customer at which a Channel terminates and where information originates or terminates. Two-Way Service: Service which provides for transmission and/or reception to or from a station.

9 Original Page 8 SECTION 1 - DEFINITIONS, (CONT D.) EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS PRICE LIST B8ZS DS-1 DS-3 Gbps Kbps LAN LATA OC-3 OC-12 OC-48 VLAN Bipolar with 8-Zero substitution; a line coding technique which permits DS-0 and DS- 1 transmission with 15 consecutive zeros. B8ZS supports 64 Kbps clear channel transmission. Digital Signal Level 1; a dedicated, high capacity, full duplex channel with a line speed of Mbps isochronous serial data having a line signal format of either Alternate Mark Inversion (AMI) or Bipolar with 8-Zero Substitution (B8ZS) and either Superframe (D4) or Extended Superframe (ESF) formats. DS-1 Service has the equivalent capacity of 24 Voice Grade or S0 services. Digital Signal Level 3; a dedicated, high capacity, full duplex channel with a line speed of Mbps isochronous serial data having a line code of bipolar with three zero substitution (B3ZS). Equivalent capacity of 28 DS-1 Services. Gigabits per second; billions of bits per second. Kilobits per second; 1000s of bits per second. Local Area Network. Local Access and Transport Area. A geographic area established by the US District Court for the District of Columbia in Civil Action No , within which a Local Exchange Company provides communications services. A high capacity channel for full duplex, synchronous, optic transmission for digital signals based on the SONET Standard at a rate of Mbps. A high capacity channel for full duplex, synchronous, optic transmission of digital signals based on the SONET Standard at a rate of Mbps. A high capacity channel for full duplex, synchronous, optic transmission of digital signals based on the SONET Standard at a rate of Gbps. Virtual Local Area Network. A network structure that places restrictions on traffic flow to allow geographically distributed users to communicate as if they were on a single physical LAN.

10 Original Page Undertaking of the Company Scope SECTION 2 - RULES AND REGULATIONS The Company's service is furnished to a Customer for interstate communications. The Company's service is available twenty-four hours per day, seven days per week. Customers may use services and facilities provided under this price list to obtain access to services offered by other service providers. The Company is responsible under this price list only for the services and facilities provided herein, and it assumes no responsibility for any service provided by any other entity that purchases access to the Company network in order to originate or terminate its own services, or to communicate with its customers Shortage of Equipment or Facilities A. The Company reserves the right to limit or allocate the use of existing facilities, or of additional facilities offered by the Company when necessary because of lack of facilities, to protect the integrity of its telecommunications network, to meet changing regulatory requirements or when such requirements have a material adverse affect on the feasibility of providing service, as determined by the Company, in its reasonable judgment, or due to some other cause beyond the Company's control. B. The furnishing of service under this price list is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of the Company's fiber optic cable facilities as well as facilities the Company may obtain from other carriers, from time to time, to furnish service as required at the sole discretion of the Company.

11 Original Page Undertaking of the Company, (Cont d.) Terms and Conditions A. Except as otherwise provided herein, service is provided and billed on the basis of a minimum period of at least one month, and shall continue to be provided until canceled by the Customer, in writing, on not less than 30 days notice. Unless otherwise specified herein, for the purpose of computing charges in this price list, a month is considered to have 30 days. All calculations of dates set forth in this price list shall be based on calendar days, unless otherwise specified herein. B. The Customer may be required to enter into written service orders which shall contain or reference the name of the Customer, a specific description of the service ordered, the rate to be charged, the duration of the services, and the terms and conditions in this price list. C. Unless otherwise prohibited by law or specified by contract, upon expiration of a term contract, the service term will renew automatically at the same terms and conditions for successive one-year terms unless either party notifies the other 30 days prior to the expiration of the then current term that it wishes to terminate the service. The Company may terminate services if the Customer's material breach hereunder is not corrected within 30 days following written notification thereof. Any termination shall not relieve Customer of its obligation to pay any charges incurred under the service order and this price list prior to termination. In the event the Customer terminates service prior to the end of the term or the Company terminates for Customer's breach hereunder, the Customer's termination liability shall be 100% of the monthly recurring charges for the remaining term. The Company reserves the right to impose termination charges at a higher rate than stated herein if the Company incurs unusually high capital costs to provide services to or remove services from the Customer's location. The Company also reserves the right to assess any documented charges from a third party that are directly associated with the Customer's request to terminate service. The rights and obligations which by their nature extend beyond the termination of the term of the service order shall survive such termination. D. Another telephone company must not interfere with the right of any person or entity to obtain service directly from the Company.

12 Original Page Undertaking of the Company, (Cont d.) Terms and Conditions, (Cont d.) E. The Customer has no property right to the telephone number or any other call number designation associated with services furnished by the Company. The Company reserves the right to change such numbers, or the central office designation associated with such numbers, or both, assigned to the Customer, whenever the Company deems it necessary to do so in the conduct of its business. F. The Customer agrees to operate Company provided equipment in accordance with instructions of the Company or the Company's agent. Failure to do so will void Company liability for interruption of service and may make the Customer responsible for damage to equipment pursuant to Section G. below. G. The Customer agrees to return to the Company all Company provided equipment delivered to Customer within five (5) days of termination of the service in connection with which the equipment was used. Said equipment shall be in the same condition as when delivered to Customer, normal wear and tear only excepted. Customer shall reimburse the Company, upon demand, for any costs incurred by the Company due to Customer's failure to comply with this provision. H. The Company's service may require connection to facilities, terminal equipment or channel derivation devices provided by the Customer. Such facilities, equipment or devices must comply, at all times on a continuing basis, with technical specifications established by the Company. The Company shall have no obligation to install, maintain, repair or operate Customer-provided facilities, equipment or devices. In the event the Company, in responding to a Customerinitiated service call, determines that the cause of such service call is a failure, malfunction or inadequacy of Customer provided facilities, equipment or devices, Customer shall compensate Company for such service call at the Company's then prevailing rates.

13 Original Page Liability of the Company Because the Customer has exclusive control of its communications over the services furnished by the Company, and because interruptions and errors incident to these services are unavoidable, the services the Company furnishes are subject to the terms, conditions, and limitations specified in this price list and to such particular terms, conditions, and limitations as set forth in the special regulations applicable to the particular services and facilities furnished under this price list The liability of the Company, its agents, servants or employees, or any other common carrier that furnishes any portion of Company's service for damages arising out of the furnishing of these services, including but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects, representations, or use of these services or arising out of the failure to furnish the service, whether caused by acts of commission or omission, shall be limited to the extension of allowances for interruption. The extension of such allowances for interruption shall be the sole remedy of the Customer, authorized user, or joint user and the sole liability of the Company The Company shall not be liable or responsible for any special, consequential, exemplary, lost profits, or punitive damages, whether or not caused by the intentional acts or omissions or negligence of the Company's employees, agents or contractors. The Company is not liable or responsible for any act or omission of any other company, firm or business furnishing a service or equipment to a Customer, which service or equipment is related to the services supplied by the Company, but which service or equipment is not provided by the Company The Company shall not be liable for any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over the Company, or of any Commission, agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or any civil or military authority; national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties The Company shall not be liable for any act or omission of any entity furnishing to the Company or to the Company's Customers facilities or equipment used for or with the services the Company offers.

14 Original Page Liability of the Company, (Cont'd.) The Company shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfunction of Customer-provided equipment or facilities The Company shall not be liable for the claims of vendors supplying equipment to Customers of the Company which may be installed at premises of the Company nor shall the Company be liable for the performance of said vendor or vendor's equipment The Company does not guarantee nor make any warranty with respect to installations it provides for use in an explosive atmosphere. The Customer indemnifies and holds the Company harmless from any and all loss, claims, demands, suits, or other action, or any liability whatsoever, whether suffered, made, instituted, or asserted by any other party or person(s), and for any loss, damage, or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal, presence, condition, location, or use of any installation so provided The Company is not liable for any defacement of or damage to the premises of a Customer (or authorized or joint user) resulting from the furnishing of services or equipment on such premises or the installation or removal thereof, when such defacement or damage is not the result of negligence or willful misconduct on the part of the agents or employees of the Company The Company shall not be liable for any damages resulting from delays in meeting any service dates due to delays resulting from normal construction procedures. Such delays shall include, but not be limited to, delays in obtaining necessary regulatory approvals for construction, delays in obtaining right-of-way approvals and delays in actual construction work The Company shall not be liable for any damages whatsoever to property resulting from the installation, maintenance, repair or removal of equipment and associated wiring unless the damage is caused by the Company's willful misconduct or negligence.

15 Original Page Liability of the Company, (Cont d.) The Company shall not be liable for any damages whatsoever associated with service, facilities, or equipment which the Company does not furnish or for any act or omission of Customer or any other entity furnishing services, facilities or equipment used for or in conjunction with the Company The Company shall not incur any liability, direct or indirect, to any person who dials or attempts to dial the digits "9-1-1" or to any other person who may be affected by the dialing of the digits "9-1-1" The Company makes no warranties or representations, express or implied either in fact or by operation of law, statutory or otherwise, including warranties of the merchantability and fitness for a particular use, except those expressly set forth herein The Company shall be indemnified and held harmless by the Customer against: A. Claims for libel, slander, infringement of copyright or unauthorized use of any trademark, trade name or service mark arising out of the material, data, information or other content transmitted by the Customer of the Company's facilities; B. Claims for patent infringement arising from combining or connecting the Company's facilities with apparatus and systems of the Customer; C. All claims of any kind by Customer's end users; and D. All other claims (including, without limitation, claims for damage to any business or property, or injury to, or death of, any person) arising out of any act or omission of the Customer in connection with any service provided by the Company.

16 Original Page Notification of Service Affecting Activities The Company will provide the Customer reasonable notification of service affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventative maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period is applicable to all activities. The Company will work cooperatively with the Customer to determine the reasonable notification requirements. With some emergency or unplanned service affecting conditions, such as outage resulting from cable damage, notification to the Customer may not be possible.

17 Original Page Provision of Equipment and Facilities The Company shall use reasonable efforts to make available services to a Customer on or before a particular date, subject to the provisions of and compliance by the Customer with the regulations contained in this price list. The Company does not guarantee availability by any such date and shall not be liable for any delays in commencing service to any Customer The Company shall use reasonable efforts to maintain facilities that it furnishes to the Customer. The Customer may not, nor may the Customer permit others to, rearrange, disconnect, remove, attempt to repair or otherwise interfere with any of the facilities installed by the Company, except upon the written consent of the Company Equipment installed at the Customer premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which the Company provided it The Company's facilities and services may be used with or terminated in Customerprovided terminal equipment or Customer-provided communications systems, such as a telephone set, PBX or key system. Such terminal equipment shall be furnished and maintained at the expense of the Customer, except as otherwise provided. When such terminal equipment is used, the equipment shall comply on a continuing basis with technical specifications established by the Company. In the event that the Company, in responding to a Customer-initiated service call determines that the cause of such service call is a failure, malfunction or inadequacy of the Customer-provided equipment, the Customer shall compensate the Company for such service call at the Company's then prevailing rates.

18 Original Page Provision of Equipment and Facilities, (Cont d.) The Company shall not be responsible for the installation, operation, or maintenance of any Customer-provided communications equipment. Where such equipment is connected to the facilities furnished pursuant to this Price list, the responsibility of the Company shall be limited to the furnishing of facilities offered under this price list and to the maintenance and operation of such facilities. Beyond this responsibility, the Company shall not be responsible for: A. the transmission of signals by Customer-provided equipment or for the quality of, or defects in, such transmission; or B. the reception of signals by Customer-provided equipment; or C. network control signaling where such signaling is performed by Customerprovided network control signaling equipment The Customer is responsible for usage charges, damages and loss resulting from the unauthorized or fraudulent use by the Customer, its agents, employees or third parties, of the services provided hereunder if such charges, damages or loss results from the failure, malfunction, inadequacy or failure to properly secure Customer provided equipment.

19 Original Page Non-routine Installation At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in hazardous locations in accordance with the provisions of In such cases, charges on cost of the actual labor, material, or other costs incurred by or charged to the Company may 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. 2.6 Ownership of Facilities Title to all facilities provided in accordance with this price list remains in the Company, its agents or contractors. 2.7 Prohibited Uses The services the Company offers shall not be used for any unlawful purposes or for any use for which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits The Company may require a Customer to immediately shut down its transmission of signals if said transmission is causing interference to others.

20 Original Page Obligations of the Customer General The Customer shall be responsible for: A. the payment of all applicable charges, either nonrecurring, recurring, ICB, or other charges, pursuant to this price list. B. 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. The Company will, upon reimbursement for damages, cooperate with the Customer in prosecuting a claim against the person causing such damage and the Customer shall be subrogated to the Company's right of recovery of damages to the extent of such payment. C. providing at no charge, as specified from time to time by the Company, any needed personnel, equipment, space and power to operate Company facilities and equipment installed on the premises of the Customer, and the level of heating and air conditioning necessary to maintain the proper operating environment on such premises. The Company shall have reasonable access to the conduit to the Customer's space and to the Company's equipment and may remove or replace its equipment at any time. The Company shall have no responsibility whatsoever for any interruption of service resulting from the Company's inability to gain access to its equipment or cabling on Customer's premises. D. obtaining, maintaining, and otherwise having full responsibility for all rights-ofway and conduit necessary for installation of fiber optic cable and associated equipment used to provide local exchange service to the Customer from the cable building entrance or property line to the location of the equipment space described in 2.8.1C. Any costs associated with obtaining and maintaining the rights-of-way described herein, including the costs of altering the structure to permit installation of the Company provided facilities, shall be borne entirely by, or may be charged by the Company to, the Customer. The Company may require the Customer to demonstrate its compliance with this section prior to accepting an order for service.

21 Original Page Obligations of the Customer, (Cont d.) General, (Cont d.) E. providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installing or maintaining the Company's facilities and equipment. The Customer may be required to install and maintain Company 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 (e.g. friable asbestos) prior to any construction or installation work. F. 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 Company facilities and equipment in any Customer premises or the rights-ofway for which Customer is responsible under Section D above; and granting or obtaining permission for Company agents or employees to enter the premises of the Customer at any time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment of the Company. G. not creating or allowing to be placed or maintained any liens or other encumbrances on the Company's equipment or facilities. H. 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.

22 Original Page Obligations of the Customer, (Cont d.) Claims 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, including reasonable attorney's fees for: A. any loss, destruction or damage to property of the Company or any third party, or the death of 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 negligence or intentional act or omission of the Customer, its employees, agents, representatives or invitees; or B. any claim, loss, damage, expense or liability for 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, including, without limitation, use of the Company's services and facilities in a name not contemplated by the agreement between the Customer and the Company.

23 Original Page Customer Equipment and Channels General A Customer may transmit or receive information or signals via the facilities of the Company Station Equipment A. The Customer is responsible for providing and maintaining any terminal equipment on the Customer s premises. The electric power consumed by such equipment shall be provided by, and maintained at the expense of, the Customer. All such terminal equipment must be registered with the FCC under 47 C.F.R., Part 68 and all wiring must be installed and maintained in compliance with those regulations. The Company will, where practicable, notify the Customer that temporary discontinuance of the use of a service may be required; however, where prior notice is not practicable, nothing contained herein shall be deemed to impair the Company's right to discontinue forthwith the use of a service temporarily if such action is reasonable under the circumstances. In case of such temporary discontinuance, the Customer will be promptly notified and afforded the opportunity to correct the condition that gave rise to the temporary discontinuance. During such period of temporary discontinuance, credit allowance for service interruptions as set forth in Section 2.16 following is not applicable. B. The Customer is responsible for ensuring that Customer provided equipment connected to Company equipment and facilities is compatible with such equipment and facilities. The magnitude and character of the voltages and currents impressed on Company provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause damage to the Company provided equipment and wiring 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.

24 Original Page Customer Equipment and Channels, (Cont d.) Interconnection of Facilities A. Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing local exchange service and the channels, facilities, or equipment of others may be provided at the Customer's expense. B. Local Service may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the price lists of the other communications carriers which are applicable to such connections. C. Facilities furnished under this price list may be connected to Customer provided terminal equipment in accordance with the provisions of this price list Inspections A. 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 Section B. for the installation, operation, and maintenance of Customer provided facilities and equipment to Company owned facilities and equipment. No credit will be allowed for any interruptions occurring during such inspections. B. If the protective requirements for Customer provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilities, equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice the Customer must take this corrective action and notify the Company of the action taken. If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm. The Company will, upon request 24 hours in advance, provide the Customer with a statement of technical parameters that the Customer's equipment must meet.

25 Original Page Payment and Credit Regulations Payment Arrangements The Customer is responsible for payment of all charges for services and equipment furnished to the Customer for transmission of calls via the Company. The Customer agrees to pay to the Company any cost(s) incurred as a result of any delegation of authority resulting in the use of his or her communications equipment and/or network services which result in the placement of calls via the Company. The Customer agrees to pay the Company or its authorized agent any and all cost(s) incurred as a result of the use of the service arrangement, including calls which the Customer did not individually authorize. Billing for Services begins on the date the Company notifies the Customer that Service has been installed and tested by the Company and is available for the Customer's use ("Service Date"). Charges for Services, including applicable federal, state, and local taxes, will be billed in advance, except for charges based on usage, which will be billed one month in arrears. Charges are due within thirty (30) days from the date of the bill, but in no event later than the commencement of the next billing period. Objections to billed charges must be reported to the Company within 120 days of receipt of billing. Any claim not filed within this time period shall be deemed waived. Claims must include all supporting documentation. Customer may submit a dispute online at or by telephone at The Company shall make adjustments to the Customer's invoice to the extent that circumstances exist which reasonably indicate that such changes are appropriate. The Company reserves the right to deny a request for additional services or restoration of services unless and until the Customer's account is in current status.

26 Original Page Payment and Credit Regulations, (Cont d.) Payment Arrangements, (Cont'd.) Charges for installations, service connections, moves, and rearrangements, and other engineering services performed by the Company, where applicable, are payable upon demand by the Company or its authorized agent. The billing thereafter will include recurring charges and actual usage as defined in this rate sheet. 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 Customer's intentional or negligent disclosure of the authorization code Deposits The Company reserves the right to require a deposit as a condition to the initial provision of Services or as a condition to the continued provision of Services Advance Payments The Company reserves the right to require advance payment prior to performing Taxes, Surcharges and Fees Tax or Taxes means any federal, state or local excise, gross receipts, value added, sales, use or other similar tax, fee, tax-like fee or surcharge of whatever nature and however designated, imposed or sought to be imposed, on or with respect to purchases by Customer or for the Company s use of public streets or rights of way, which the Company is required or permitted by law or tariff to collect from Customer; provided, however, that the term Tax will not include any tax on the Company s corporate existence, status, income, corporate property or payroll taxes.

27 Original Page Payment and Credit Regulations, (Cont d.) Taxes, Fees and Surcharges, (Cont d.) The Company shall bill any and all applicable taxes, surcharges and fees, including, but not limited to: Federal Excise Tax; State Sales Tax; Municipal Taxes; Gross Receipts Taxes; Telecommunications Relay Services (TRS); and any taxes, surcharges, fees, charges or other payments contractual or otherwise, for the use of public streets or rightsof-way, whether designated as franchise fees or otherwise. As permitted by law, the Company will recover from its Customers any such charges assessed directly against the Company. Such taxes or fees will be itemized separately on the Customer's invoice or billing detail. If Customer fails to pay any Taxes properly billed, Customer will be solely responsible for payment of the Taxes, and penalty and interest. If either the Customer or the Company is audited by a taxing or other governmental authority, the other party will cooperate reasonably by responding to the audit inquiries in a proper, complete and timely manner. The Company will cooperate, at the Customer s expense, with reasonable requests of the Customer in connection with any Tax contest or refund claim. The Customer will ensure that no lien is attached to or allowed to remain on any asset of the Company as a result of any Tax contest. Customer will indemnify and hold the Company harmless against any liabilities, damages, losses, costs or expenses arising out of such Tax proceedings, including without limitation any additional Taxes, interest, penalties and attorney s fees. If Customer claims an exemption for any Taxes, Customer must provide the Company with a proper tax exemption certificate as authorized by the appropriate taxing authority. Customer must pay the applicable Taxes to the Company until it provides a valid exemption certificate. If applicable law exempts a service from a Tax, but does not also provide an exemption procedure, the Company will not collect such Tax if Customer provides a letter signed by one of its officers; (i) claiming a right to the exemption; (ii) identifying the applicable law that allows such exemption and does not require an exemption certificate; and (iii) agreeing to indemnify and hold the Company harmless from any tax, interest, penalties, loss, cost or expense asserted against the Company as a result of its not collecting the Taxes from Customer.

28 Original Page Payment and Credit Regulations, (Cont d.) Taxes, Fees and Surcharges, (Cont d.) A. Gross Receipts Tax Recovery Surcharges A surcharge is imposed on all charges for service originating at addresses in states which levy, or assert a claim of right to levy, a gross receipts tax on the Company's operations in any such state, or a tax on interstate access charges incurred by the Company for originating access to telephone exchanges in that state. This surcharge is based on the particular state's receipts tax and other state taxes imposed directly or indirectly upon the Company by virtue of, and measured by, the gross receipts or revenues of the Company in that state and/or payment of interstate access charges in that state. The surcharges include, but are not limited to: State Invoice Description Rate* Florida Communications Services Tax GR 2.37% District of Columbia Utility Users Tax/Business 11.00% Kentucky KY Gross Receipts Tax Recovery Surcharge 1.30% Maryland MD State Franchise Fee 2.00% New Mexico Interstate Telecommunications Gross Receipts Tax 4.25% New York State Gross Receipts Tax.375% Pennsylvania State Gross Receipts Tax 5.00% South Carolina License Tax 1.00% Texas TX State Franchise Recovery Surcharge.7% *- Subject to changes imposed by the State taxing authorities. Pending the conclusion of any challenge to a jurisdiction s rights to impose a gross receipts tax the Company may elect to impose and collect a surcharge covering such taxes, unless otherwise constrained by court order or direction, or it may elect not to impose and collect the surcharge. If it has collected a surcharge and the challenged tax is found to have been invalid and unenforceable, the Company, in its sole discretion, will either reduce service rates for a fixed period of time in the future in order to flow-through to Customers an amount equivalent to the funds collected or it will credit or refund such amounts to affected Customers (less its reasonable administrative costs), if the funds collected were retained by the Company or if they were delivered over to the taxing jurisdiction and later returned to the Company, or negotiate an arrangement with the taxing jurisdiction that benefits Customers in the jurisdiction in the future.

29 Original Page Payment and Credit Regulations, (Cont d.) Taxes, Fees and Surcharges, (Cont d.) B. Federal Universal Service Fund (USF) Surcharge Telecommunications services provided by the Company are subject to a Federal Universal Service Fund (FUSF) surcharge. This amount will be listed as a separate line item on the Customer s bill. The FUSF surcharge will not be applied to services sold by the Company to a Customer for resale for which the Customer has on file with the Company a current Universal Service Fund Contributor Certification Form, which must be updated annually. This Certification Form must meet FCC requirements for exemption. The percentage at which the FUSF surcharge is assessed is subject to change to reflect the current FCC Universal Service Fund contribution factor. C. Federal Subscriber Line charge The Federal Subscriber Line charge is a monthly recurring charge and applies to all lines, trunks and PRI services offered pursuant to the Company s Local Exchange Service tariffs on file in each state in which the Company does business or in the Company s posted price lists. There are no exemptions associated with this product charge. Federal Subscriber Line Charge rates are posted on the Company s website at Rates are subject to change. Further information regarding the Federal Subscriber Line charge is available on the Federal Communications Commission s website at Late Payment Charge and Cost of Collection A late fee of 1.5% per month will be charged on any company billed past due balance. In the event that the Company incurs fees or expenses, including attorney's fees, collecting or attempting to collect, any charges owed to the Company, the Company may charge the Customer all such fees and expenses reasonably incurred Returned Item Charge A charge of $25.00, or the current allowable amount, will be assessed for any check or other form of payment returned by the drawee bank or other financial institution for insufficient or uncollected funds, closed account, apparent tampering, missing signature or endorsement, or any other insufficiency or discrepancy necessitating return of the instrument at the discretion of the drawee bank of financial institution. This charge will be assessed in addition to any charges assessed by the drawee bank or any other financial institution.

30 Original Page Cancellation by Customer Unless a Customer has purchased service under a term agreement plan, the service may be cancelled at any time by contacting the Company. The minimum service period for service not furnished under a terms plan for which monthly charges apply is thirty days. The Customer must provide proper identification when ordering or canceling service. Order cancellation and/or termination liability charges may apply Interconnection Service furnished by the Company may be connected with the services or facilities of other carriers. Such service or facilities, if used, are provided under the terms, rates and conditions of the other carrier or by applicable interconnection agreements. The Customer is responsible for all charges billed by other carriers for use in connection with the Company's service. Any special interface equipment or facilities necessary to achieve compatibility between carriers is the responsibility of the Customer.

31 Original Page Refusal or Discontinuance by Company The Company may refuse or discontinue service provided to Business Customers under the following conditions and in accordance with Commission rules and regulations. Unless otherwise stated, the Customer will be given five (5) day's written notice and allowed a reasonable time to comply with any rule or remedy any deficiency For non-compliance with and/or violation of any State or municipal law, ordinance or regulation pertaining to telephone service For the use of telephone service for any other property or purpose other than that described in the application For failure or refusal to provide the Company with a deposit to insure payment of bills in accordance with the Company's regulations or failure to meet the Company's credit requirements For neglect or refusal to provide reasonable access to the Company for the purpose of inspection and maintenance of equipment owned by the Company For non-compliance with and/or violation of the Commission's regulations or the Company's rules and regulations on file with the Commission, provided five (5) working days' written notice is given before termination For non-payment of bills for telephone service. Suspension or termination of service for nonpayment shall not be made without five (5) working days' written notice to the Customer Without notice in the event of Customer use of equipment in such a manner as to adversely affect the Company's equipment or the Company's service to others Without notice in the event of tampering with the equipment furnished and owned by the Company.