tw telecom of maryland llc

Transcription

1 Original Title Page This tariff, tw telecom of maryland llc, Maryland PSC MD Tariff No. 8, replaces in its entirety, Time Warner Telecom Of Maryland LLC, Maryland PSC MD Tariff No. 4. Tariff Schedule Applicable to Telecommunications Services Furnished by tw telecom of maryland llc Between Points Within the State of Maryland This Private Line tariff contains the descriptions, regulations, service standards and rates applicable to the furnishing of private line services provided by tw telecom of maryland llc with principal offices at Park Meadows Drive, Suite 400, Littleton, CO 80124, Toll Free Number: This tariff is on file with the Maryland Public Service Commission and copies may be inspected, during normal business hours, at the Company's principal place of business.

2 Original Page 1 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 crossreference 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 1 st Revised Page 2 Cancels Original Page 2 CHECK SHEET Pages of this tariff, 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 tariff and are currently in effect as of the date on the bottom of this page. PAGE REVISION PAGE REVISION PAGE REVISION Title Original 34 Original 68 1 st Revised * 1 Original 35 Original 69 1 st Revised * 2 1 st Revised * 36 Original 70 1 st Revised * 3 Original 37 Original 71 1 st Revised * 4 Original 38 Original 72 1 st Revised * 5 Original 39 Original 73 1 st Revised * 6 Original 40 Original 74 1 st Revised * 7 Original 41 Original 75 1 st Revised * 8 Original 42 Original 76 1 st Revised * 9 Original 43 Original 76.1 Original * 10 Original 44 Original 76.2 Original * 11 Original 45 Original 76.3 Original * 12 Original 46 Original 76.4 Original * 13 Original 47 Original 76.5 Original * 14 Original 48 Original 76.6 Original * 15 Original 49 Original 76.7 Original * 16 Original 50 Original 76.8 Original * 17 Original 51 Original 76.9 Original * 18 Original 52 Original Original * 19 Original 53 Original Original * 20 Original 54 Original Original * 21 Original 55 Original Original * 22 Original 56 Original Original * 23 Original 57 1 st Revised * Original * 24 Original 58 Original Original * 25 Original 59 Original Original * 26 Original 60 Original 77 Original 27 Original 61 Original 78 Original 28 Original 62 Original 79 Original 29 Original 63 Original 30 Original 64 Original 31 Original 65 Original 32 Original 66 Original 33 Original 67 Original * - indicates those pages included with this filing Issued: December 31, 2008 Effective: February 4, 2009 MDpl0804a

4 Original Page 3 TABLE OF CONTENTS Title Page Page Cover Tariff Format 1 Check Sheet 2 Table of Contents 3 Explanation of Symbols 4 Application of Tariff 5 Section 1 - Definitions 6 Section 2 Rules and Regulations 11 Section 3 Service Description and Rates 69 Section 4 Special Construction 77 Section 5 - Promotions 79

5 Original Page 4 EXPLANATION OF SYMBOLS The following symbols shall be used in this tariff for the purpose indicated below: (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 5 APPLICATION OF TARIFF 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 Business customers. The Company s service territory is: Calling areas are consistent with Verizon's tariff.

7 Original Page 6 SECTION 1 - DEFINITIONS Certain terms used generally throughout this tariff are defined below. Certain terms used generally throughout this tariff 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. COMAR - Code of Maryland Regulations. Commission: Maryland Public Service Commission Company: tw telecom of maryland llc. 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.

8 Original Page 7 SECTION 1 DEFINITIONS, (CONT D.) Dedicated: A facility or equivalent system or subsystem set aside for the sole use of a specific Customer. 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 tariff. 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. Interoffice Mileage: The segment of a line that extends between the central offices serving the originating and terminating points. 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.

9 Original Page 8 LEC: Local Exchange Company Mbps: Megabits; millions of bits per second. SECTION 1 DEFINITIONS, (CONT D.) 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. 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. VersiPak Service: Service provided to a Customer that allows the grouping of rate components to meet the Customer's specific needs.

10 Original Page 9 SECTION 1 DEFINITIONS, (CONT D.) EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF B8ZS DACS Bipolar with 8-Zero substitution; a line coding technique which permits DS-0 and DS- 1 transmission with 15 consecutive zeros. B9ZS support 64 Kbps clear channel transmission. Digital Access Cross Connect. DS0 Digital Signal Level 0; a dedicated full duplex digital channel with line speeds of 2.4, 4.8, 9.6, 56 or 64 Kbps. DS-1 DS-3 Gbps Kbps TDigital Signal Level 1; a dedicated, high capacity, full duplex channel with a line speed of Mbps isochronous serial data have 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.

11 Original Page 10 SECTION 1 DEFINITIONS, (CONT D.) EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF LAN LATA VLAN POP OC-3 OC-12 OC-48 OC-192 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. 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. Point of Presence. A physical location where a carrier has a presence for network access. 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. A high capacity channel for full duplex, synchronous, optic transmission of digital signals based on the SONET Standard at a rate of Gbps.

12 Original Page Undertaking of the Company Scope SECTION 2 - RULES AND REGULATIONS The Company undertakes to furnish communications service in connection with one-way and/or two-way information transmission between points within the State of Maryland under the terms of this tariff. Customers may use services and facilities provided under this tariff to obtain access to services offered by other service providers. The Company is responsible under this tariff 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 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 The furnishing of service under this tariff 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.

13 Original Page 12 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.1 Undertaking of the Company, (Cont d.) Terms and Conditions 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 then 30 days notice. Unless otherwise specified herein, for the purpose of computing charges in this tariff, a month is considered to have 30 days. All calculations of dates set forth in this tariff shall be based on calendar days, unless otherwise specified herein 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 tariff At the expiration of the initial term specified in each service order, or in any extension thereof, service shall continue on a month to month basis at the then current rates unless terminated by either party upon 30 days written notice. 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 tariff 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 This tariff shall be interpreted and governed by the laws of the State of Maryland without regard of the State's choice of laws provision Another telephone company must not interfere with the right of any person or entity to obtain service directly from the Company.

14 Original Page 13 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.1 Undertaking of the Company, (Cont d.) Terms and Conditions, (Cont d.) 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 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 J. below 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 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.

15 Original Page Obligations of the Customer SECTION 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 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 15 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.2 Obligations of the Customer, (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 The Company s services (as detailed in this tariff) may be connected to the services or facilities or other communications carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs or contracts which are applicable to such connections 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.

17 Original Page Liability of the Company SECTION 2 - RULES AND REGULATIONS, (CONT D.) 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: Service Irregularities 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 except where Company contracts the other carrier; 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.

18 Original Page Liability of the Company, (Cont'd.) SECTION 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 nor 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 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.

19 Original Page Liability of the Company, (Cont'd.) Warranties SECTION 2 - RULES AND REGULATIONS, (CONT D.) THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATON OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN. NOTE: SECTION IS ACCEPTABLE PROVIDED THE COMPANY ALSO INCORPORATES SECTION INTO ITS TARIFF 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.

20 Original Page Application for Service SECTION 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 new residential or single line business 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 Except as provided in , the length of minimum contract period for directory listings, and for joint user service where the listing actually appears in the directory, is the directory period. The directory period is from the day on which the directory is first distributed to customers to the day the succeeding directory is first distributed to customers 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.

21 Original Page Application for Service, (Cont'd.) SECTION 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 The total costs of installing and removing such facilities; or B 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.

22 Original Page Payment for Service SECTION 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 Section 2.14 of this tariff 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 the Company provides service under a term plan (1,3,5 years, etc.) and (1) automatically renews the contract, and (2) imposes a penalty for early cancellation by the customer, then the customer shall be notified 60 days in advance of the customer s current contract expiration date.

23 Original Page Customer Deposits SECTION 2 - RULES AND REGULATIONS, (CONT D.) The Carrier agrees to abide by the regulations associated with nonresidential customer deposits as specified by Code of Maryland Regulations as amended from time to time, and to certify to the commission annually that such deposits have been deposited in Maryland In order to establish credit, the carrier may require an applicant for nonresidential service to demonstrate good paying habits by showing that the applicant: Was a customer of a Maryland utility for at least 12 months within the preceding 2 years; Does not currently owe any outstanding bills for utility service to a utility doing business in Maryland; Did not have service discontinued for nonpayment of a utility bill during the last 12 months that service was provided; and Did not fail, on more than two occasions during the last 12 months that service was provided, to pay a utility bill when it became due The Carrier agrees to abide by the regulations associated with residential customer deposits as specified by Code of Maryland Regulations as amended from time to time In order to establish credit, a utility may require an applicant for residential service to demonstrate good paying habits by showing that the applicant: Was a customer of a Maryland utility within the preceding 2 years; Does not currently owe any outstanding bills for utility service to a utility doing business in Maryland; Did not have service discontinued for non-payment of a utility bill during the last 12 months that service was provided; and Did not on more than two occasions during the last 12 months that service was provided, fail to pay a utility bill when it became due.

24 Original Page Customer Deposits, (Cont'd.) SECTION 2 - RULES AND REGULATIONS, (CONT D.) Deposits for establishment or reestablishment of credit will not be more than the estimated charge for service for 2 consecutive billing periods or 90 days, whichever is less Customer deposits shall be maintained in a bank located in Maryland. Customers who make a deposit for service will receive interest, at a rate set on such deposit not less than the rate calculated by the method set forth in COMAR (for non-residential customers) or COMAR (for residential customers) as appropriate. 2.7 Late Payment Charges The Carrier agrees to abide by the regulations governing late payment charges as specified by COMAR as amended from time to time Any charges that are disputed by a customer shall not be subject to late payment charges regardless of the outcome of the dispute The Company will consider delinquent and apply late payment charges on bills not paid within 20 days of the billing invoice date in the case of residential customers and within 15 days of the billing invoice date in the case of all non-residential customers in accordance with COMAR Sections A and B, respectively Late payment fees will be computed at a rate not to exceed 1.5% per month, for the two nominal billing intervals and may not exceed 5% of the total original unpaid charges in compliance with COMAR A(1).

25 Original Page 24 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.8 Customer Complaints and Billing Disputes Customers may notify the carrier of billing or other disputes either orally or in writing. There is no time limit for submitting disputes Customer complaints and billing disputes that are not satisfactorily resolved may be presented by the customer to: Office of External Relations Maryland Public Service Commission 6 St. Paul Street Baltimore, MD (Office of External Relations) (Main PSC number) (Toll-free PSC number) The Company provides the following toll free number ( ) for customers to contact the carrier in accordance with COMAR B The Company will not collect attorney fees or court costs from customers.

26 Original Page 25 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.9 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. An interruption period begins when the Customer reports a service, facility or circuit, to be interrupted and releases it for testing and repair. An interruption period ends when the service, facility, or circuit is operative. If the Customer reports a service, facility or circuit to be inoperative but declines to release it for testing and repair, it is considered to be impaired, but not interrupted For calculating credit allowances, every month is considered to have thirty (30) days. A credit allowance is applied on a pro-rata basis against the rates specified hereunder and is dependent upon the length of the interruption. Only those facilities on the interrupted portion of the circuit will receive a credit No credit will be allowed for an interruption of less than twenty-four (24) hours. After the first twenty-four (24) hour period, a credit equal to 1/30 of the access facilities charges will be applied to each interruption which is in excess of twelve (12) hours and up to twenty-four (24) hours.

27 Original Page 26 PRIVATE LINE SERVICE SECTION 2 RULES AND REGULATIONS, (CONT D.) 2.9 Allowances for Interruptions in Service, (Cont d.) Limitations on Allowances No credit allowance will be made for: A. interruptions due to the negligence of, or noncompliance with the provisions of this tariff by, the Customer, Authorized User, Joint-User, or other Common Carrier providing service connected to the service of Company; B. interruptions due to the negligence of any person other than the Company, including, but not limited to, the Customer or other Common Carriers connected to the Company's facilities; C. interruptions due to the failure or malfunction of non-company equipment; D. 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; E. interruptions of service during a period in which the Customer continues to use the service on an impaired basis; F. 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; or G. interruption of service due to circumstances or causes beyond the control of the Company, Use of Alternative Service Provided by the Company: Should the Customer elect to use an alternative service provided by the Company during the period that a service is interrupted, the Customer must pay the tariffed rates and charges for the alternative service used.

28 Original Page 27 PRIVATE LINE SERVICE SECTION 2 RULES AND REGULATIONS, (CONT D.) 2.9 Allowances for Interruptions in Service, (Cont d.) Service Level Standards and Credit Allowances for Interruption of Service General Rules A. The Company will credit the Customer as set forth below for interruptions in service which is provided entirely on the Company's network not due to the negligence of or non-compliance with the provisions of this tariff by the Customer, nor to the operations or malfunction of the facilities, power, or equipment provided by the Customer. A credit allowance will be made when an interruption occurs because of a failure of any component furnished and maintained by Company hereunder. The issuance of credits pursuant to this Section shall be the Customer's sole remedy for service interruption claims. B. An interruption period begins when the Customer reports a service, facility or circuit to be interrupted and releases it for testing and repair. An interruption period ends when the service, facility or circuit is operative. If the Customer reports a service, facility or circuit to be inoperable, but refuses to release it for testing and repair or does not provide the Company with access to the Customer's premises, it is considered impaired but not interrupted. C. The Customer must obtain a trouble ticket by calling The Company will issue a credit for service interruptions, if applicable, in accordance with this tariff. The duration of the interruption is determined solely by the date and time the trouble ticket was opened and closed out as a resolved issue. Credits will not be issued, unless a trouble ticket exists for the facility, service or circuit in question.

29 Original Page 28 PRIVATE LINE SERVICE SECTION 2 RULES AND REGULATIONS, (CONT D.) 2.9 Allowances for Interruptions in Service, (Cont d.) Service Level Standards and Credit Allowances for Interruption of Service, (Cont'd.) General Rules, (Cont'd.) D. For calculating allowances, every month is considered to have 30 days. A credit allowance is applied on a pro-rata basis and is dependent upon the length of the interruption. Only those facilities or services on the interrupted portion of the circuit will receive a credit. E. If two or more trouble tickets have been opened for a particular service in a 30-day period, and the cause of outage is determined to be the Company's network or system equipment, such service will be deemed a Chronic Trouble Service. If a third trouble ticket is opened on a Chronic Trouble Service within thirty (30) days of the second trouble ticket, the customer may disconnect the affected service without incurring termination liability. F. No credit for interruptions shall be issued by the Company if caused by a Force Majeure event as defined below. G. Credits for services that are provided and billed on a flat rate basis for a minimum period of at least one month shall in no event exceed an amount equivalent to the proportionate charge to the Customer for the length of the interruption. H. Force Majeure: Such causes shall include, without limitation, acts of God, fire, flood, adverse weather conditions, explosion, vandalism, cable cut, storm or other similar occurrence, any law, order, ordinance, rule restriction, regulation, direction, action or request of the United States government or any other government or of any civil or military authority, condemnation or exercise of rights of eminent domain, national emergencies, insurrections, riots explosion, vandalism, cable cut, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States government or of any other government or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lockouts or work stoppages or other labor difficulties, supplier failures, shortages, breaches or delays, or preemption of existing service to restore service in compliance with the Commission's Rules and Regulations.

30 Original Page 29 PRIVATE LINE SERVICE SECTION 2 RULES AND REGULATIONS, (CONT D.) 2.9 Allowances for Interruptions in Service, (Cont d.) Service Level Standards and Credit Allowances for Interruption of Service, (Cont'd.) Enterprise and Elite Native Local Area Network Services A. Network Availability During each calendar month, the Company s On-Net Elite NLAN Services will be available at least % of the time, and its Enterprise SNLAN Services will be available at least 99.99% of the time ( Network Availability ). If the Company fails to meet these objectives, Customer will receive service outage credits per the tables below. The Service is unavailable when it is not able to transmit and receive data due to the Company s equipment or network ( Service Outage ). Credits are based upon a percentage of the Monthly Recurring Charge ( MRC ) for the particular non-performing service as follows: 1. Elite NLAN Services Per Service Outage Percentage Credit Less than 1 minute (99.999% availability) No Credit 1 minute up to 4 hours 5% of the MRC 4 hours up to 8 hours 10% of the MRC 8 hours up to 12 hours 15% of the MRC 12 hours up to 16 hours 20% of the MRC 16 hours up to 24 hours 35% of the MRC 24 hours or greater 50% of the MRC

31 Original Page 30 PRIVATE LINE SERVICE SECTION 2 RULES AND REGULATIONS, (CONT D.) 2.9 Allowances for Interruptions in Service, (Cont d.) Service Level Standards and Credit Allowances for Interruption of Service, (Cont'd.) Enterprise and Elite Native Local Area Network Services, (Cont'd.) A. Network Availability, (Cont'.d) 2. Enterprise SNLAN Services Per Service Outage Percentage Credit Less than 5 minutes (99.99% availability) No Credit 5 minutes up to 4 hours 5% of the MRC 4 hours up to 8 hours 10% of the MRC 8 hours up to 12 hours 15% of the MRC 12 hours up to 16 hours 20% of the MRC 16 hours up to 24 hours 35% of the MRC 24 hours or greater 50% of the MRC

32 Original Page 31 PRIVATE LINE SERVICE SECTION 2 RULES AND REGULATIONS, (CONT D.) 2.9 Allowances for Interruptions in Service, (Cont d.) Service Level Standards and Credit Allowances for Interruption of Service, (Cont'd.) Enterprise and Elite Native Local Area Network Services, (Cont'd.) B. On-time Installation For NLAN Services being provisioned completely on the Company s network, the Company will complete installation within 15 business days from the date the service order is received by the Company s Provisioning Network Operations Center ( PNOC ). For Off-net Services (Services provisioned through another provider), the Company will complete installation within 15 business days from the date the service order is received by the PNOC, plus the underlying provider s actual installation interval. If the Company fails to meet the installation interval, it will provide Customer with a 50% credit off the installation fee set forth in the applicable service order. C. Special Provisions Applicable to Enterprise SNLAN and Elite NLAN Service Level Standards Standard maintenance windows are based on the time zone of a city s location and are available at:

33 Original Page 32 PRIVATE LINE SERVICE SECTION 2 RULES AND REGULATIONS, (CONT D.) 2.9 Allowances for Interruptions in Service, (Cont d.) Service Level Standards and Credit Allowances for Interruption of Service, (Cont'd.) Extended Native Local Area Network ( ENLAN ) Service A. Network Availability The Company s On-Net ENLAN Service will be available to Customer at least 99.99% of the time in a calendar month ( Network Availability ) or Customer will receive service outage credits as specified below. A service outage causing Network non-availability is defined as the inability to transmit and receive data due to the Company s equipment or network ( Service Outage ). Credits are based upon a percentage of the Monthly Recurring Charge ( MRC ) for the non-performing ENLAN Service as follows: Per Service Outage Percentage Credit Up to 5 minutes (99.99% availability) No Credit 5 minutes up to 4 hours 5% of the MRC 4 hours up to 8 hours 10% of the MRC 8 hours up to 12 hours 15% of the MRC 12 hours up to 16 hours 20% of the MRC 16 hours up to 24 hours 35% of the MRC 24 hours or greater 50% of the MRC

34 Original Page 33 PRIVATE LINE SERVICE SECTION 2 RULES AND REGULATIONS, (CONT D.) 2.9 Allowances for Interruptions in Service, (Cont d.) Service Level Standards and Credit Allowances for Interruption of Service, (Cont'd.) Extended Native Local Area Network ( ENLAN ) Service, (Cont'd.) B. Network Latency The Company s On-Net ENLAN Service will have an average round-trip transmission of 50 milliseconds or less between the Company s designated regional route servers in the forty-eight contiguous United States and an average round-trip transmission of 75 milliseconds or less between the Company s designated regional route servers located in Hawaii and the mainland United States ( Latency ). Latency calculations do not include Customer host to host readings. Upon Customer s request to the Company s Network Reliability Center at ( CNRC ), the Company will calculate Latency by averaging sample measurements taken during the most recent full calendar month between the Company s designated regional route servers. If the Company fails to meet the applicable Latency objective, credits will be calculated as specified below. Credits are based upon a percentage of the MRC for the non-performing ENLAN Service as follows: 48 Contiguous U.S. Hawaii Credits 0 to ms 0 to ms No Credit to ms to ms 5% of the MRC to ms to ms 10% of the MRC to ms to ms 15% of the MRC to ms to ms 20% of the MRC to ms to ms 35% of the MRC ms or greater ms or greater 50% of the MRC Optimum TCP throughput may require adjustments to the default TCP stack settings. Monthly Network Latency and Packet Delivery averages may be viewed at: e.html