This case is before the Commission on the parties Joint Petition for Expedited

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1 \ 3B xq PAGE coma sca PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 4th day of March, CASE NO T-X FAIRPOINT COMMUNICATIONS SOLUTIONS cow. Petition to discontinue all retail telephone services provided to local and long distance end user retail customers in the State. COMMISSION ORDER This case is before the Commission on the parties Joint Petition for Expedited Approval of Action Plan. For reasons explained below, the Commission will approve the parties Action Plan with a few modifications described below. Backwound On February 8, 2002, the Commission entered an order in which it generally outlined the process whereby a local exchange telecommunications utility may withdraw from providing service within West Virginia. In this order the Commission required Fairpoint to give ninety (90) days notice of its decision to stop providing service and set d Pub

2 i coma sca PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the day of March, CASE NO T-X FAIRPOINT COMMUNICATIONS SOLUTIONS cow. Petition to discontinue all retail telephone services provided to local and long distance end user retail customers in the State. COMMISSION ORDER This case is before the Commission on the parties.,dint Petition for Expec Approval of Action Plan. For reasons explained below, the Commission will approve the parties Action Plan with a few modifications described below. Backwound On February 8, 2002, the Commission entered an order in which it generally outlined the process whereby a local exchange telecommunications utility may withdraw from providing service within West Virginia. In this order the Commission required Fairpoint to give ninety (90) days notice of its decision to stop providing service and set Pub

3 forth specific language to be included in the notices that Fairpoint was to send to its customers. The Commission further directed, among other things, that Fairpoint its customers that they may contact the Commission if they have any concerns. Lastly, the Commission joined Verizon West Virginia Inc. (Verizon-WV) as a party. Thereafter, Commission Staff filed a motion requesting an enlargement of time to file petitions for reconsideration of the Commission s February 8,2002, order on behalf of all parties. On February 21, 2002, the Commission granted the parties motion for an enlargement of time. The parties were directed to file their petitions for reconsideration by March 7,2002. On February 25,2002, Commission Staff filed a letter on behalf of all the parties advising that it was in the process of fmalizing an action plan. On February 28, 2002, Staff filed on behalf of all of the parties a Joint Petition for Expedited Approval of Action Plan. 2 Pu

4 The Action Plan The parties made clear in the Action Plan that Fairpoint has previously given notice to its employees at its customers service center that it will be exiting from the West Virginia local exchange market no later than April 15,2002. Thus, the parties stated that the Action Plan tailored the Commission s notice requirements so as to accommodate Fairpoint s business plan while at the same time fully protecting Fairpoint s customers. Pursuant to the Action Plan a revised customer notification will be sent to Fairpoint customers tentatively on March 5, 2002, advising them that they will be switched to Verizon-WV if they do not act to select an alternate carrier by April 5, All Fairpoint customers who have not selected an alternate local carrier by the deadline will be switched to Verizon-WV no later than sixty (60) days after the notice is mailed to Fairpoint customers. Verizon-WV is allowed to screen Fairpoint customers creditworthiness and is allowed to deny service should the customer not meet its standards. Verizon-WV made clear that its agreement to automatically provide service to Fairpoint customers who have not selected an alternate local carrier by the deadline to select another carrier does not mean it is acting as a so-called default carrier. Fairpoint agreed to remove any preferred carrier freezes in order to allow Verizon-WV to electronically transfer Fairpoint s customers. Fairpoint, with Staffs assistance, will attempt to inform other competitive carriers of the cut-off date for submitting service 3 a Pu

5 , change orders to Verizon-WV and the other aspects of the Action Plan s schedule. If the Commission approves the Action Plan, then Verizon-WV requested that it be excused from filing a response regarding the default carrier issue as directed by the Commission s February 8, 2002, order. The Action Plan states that Fairpoint will reimburse Verizon-WV for all documented non-recurring charges up to $55.00 per customer for all customers who are automatically switched to Verizon-WV. Additionally, Fairpoint will reimburse the customers who affmatively choose Verizon-WV or another carrier for documented nonrecurring charges up to $55.00 per customer. No party s action under the Action Plan will be considered slamming or otherwise a violation of state statutes or Commission and federal rules. All parties made clear that their joining in the Action Plan was not to be used as their position in connection with the Commission s general investigation to establish guidelines for carrier withdrawal from service in West Virginia. Case No T- GI : Commission Viginia arlcston a

6 DISCUSSION While the Commission is still concerned when a local exchange carrier discontinues its business in West Virginia as to how the discontinuance of service will affect the customers, the Commission concludes that the Action Plan addresses part of its concerns by making clear that Verizon-WV will provide service to those qualified Fairpoint customers who do not select another local exchange carrier by the deadline listed in the notice (which should be around April 5). Moreover, because of all the parties being in agreement and because of the time constraints Fairpoint is operating under in order to follow its business plan, the Commission will approve the timeline outlined in the Action Plan for Fairpoint to provide notice to its customers and to discontinue its service even though it is less than the ninety (90) days directed in the Commission s February 8, 2002, order. However, the Commission has three concerns that parties must address before implementing the Action Plan. The fwst concern involves the following sentence in paragraph 7, page 4 of the Action Plan: Fairpoint may not transfer any customer to Verizon-WV who has not paid Fairpoint in full as of the date of the transfer. The Commission will not approve this language as is. Just because a Fairpoint customer has an outstanding balance, he or she should not be precluded from selecting another carrier, and another carrier, who determines the customer to be eligible, should not be precluded 5

7 from deciding to take the customer on. If Fairpoint wants to collect on an outstanding balance, it must do so in an another manner instead of preventing the customer from obtaining local exchange service on that basis alone. The second concern of the Commission is that the notice which will be sent to Fairpoint s customers does not accurately reflect Fairpoint s proposed reimbursement to customers (or Verizon) for non-recurring charges. The Commission finds that the following language found on page 4 of the notice being sent to the customers at paragraph 4 should be taken out: you may incur new connection charges for which you will be responsible. Furthermore FairPokt must add the following language found at paragraph 8, page 5 of the Action Plan, to its notice: For those customers automatically switched to Verizon-WV, Fairpoint will reimburse Verizon-WV for all documented non-recurring charges up to $55.00 per customer. For those customers who affirmatively select Verizon-WV or another carrier, Fairpoint will reimburse the customer for documented non-recurring charges up to $55.00 per customer. The Commission believes that Fairpoint s customers have a right to know exactly what charges Fairpoint is willing to reimburse. The third concern is in regards to the parties removing language from the notice about how Fairpoint s customers may contact the Commission should they have any concerns. The Commission will direct Fairpoint to add the following language to its 6

8 notice: Should you have any questions regarding Fairpoint s discontinuance of local and long distance telephone service in West Virginia, you may with ten (10) days of the date of this notice call the West Virginia Public Service Commission at or file written questions with the Commission by addressing them to the Executive Secretary of the Public Service Commission, P.O. Box 812, Charleston, West Virginia 25323, referencing Fairpoint, Case No T-X. Conditioned on these changes to the Action Plan and to the notice that is to be sent to FairPoint s customers, then the Commission will approve the Action Plan. Verizon- WV will not be required to file its response regarding the default carrier issue as directed by the Commission s February 8, 2002, order. The Commission will require Fairpoint to file a copy of its notice incorporating the revisions directed by the Commission above w i b five (5) days of this order. Furthermore, Fairpoint will be required to file a verified statement within ten (10) days of the date that all of its customers have been switched from Fairpoint to another local exchange carrier. If the parties do not make the above changes to its Action Plan and Fairpoint s customer notice, then the parties are to follow the directives of the Commission s February 8, 2002, order. 7

9 The Commission will address the issue of whether Fairpoint may maintain its certificates of convenience and necessity in a later order. FINDING OF FACT On February 28, 2002, Staff filed on behalf of all parties an Action Plan, more specifically described above, for Commission approval. CONCLUSIONS OF LAW 1. The Commission concludes that it will approve the Action Plan as a reasonable manner for FairPokt to discontinue providing local and long distance end user retail service in West Virginia provided that the parties make the following three modifications: (a) The following language found in paragraph 7, page 4 of the Action Plan may not be used to prevent a Fairpoint customer who has an outstanding balance from selecting another carrier nor should the language prevent another carrier, who determines that the customer is eligible for service, be prevented from providing service: Fairpoint may not transfer any customer to Verzion-WV who has not paid Fairpoint in full as of the date of the transfer. 8

10 (b) The following language found on page 4 of the notice being sent to Fairpoint customers at paragraph 4 must be removed: you may incur new connection charges - for which YOU will be responsible. The following language found at paragraph 8, page 5 of the Action Plan, must be added to the notice sent to Fairpoint s customers: For those customers automatically switched to Verizon-WV, Fairpoint will reimburse Verizon- WV for all documented non-recurring charges up to $55.00 per customer. For those customers who affirmatively select Verizon-WV or another carrier, Fairpoint will reimburse the customer for documented non-recurring charges up to $55.00 per customer. (c) Fairpoint must add the following language to its notice that its sends to its customers: Should you have any questions regarding Fairpoint s discontinuance of local and long distance telephone service in West Virginia, you may within ten (10) days of the date of this notice call the West Virginia Public Service Commission at or file written questions with the Commission by addressing them to the Executive Secretary of the Public Service Commission, P.O. Box 812, Charleston, West Virginia 25323, referencing Fairpoint, Case No T-X. 2. Conditioned upon the above changes in the Action Plan and the notice, the Commission will approve the Action Plan. Verizon-WV will not be required to file its 9 P u b ~ ~ Virginia m i s s i c m

11 response regarding the default carrier issue as directed by the Commission s February 8, 2002, order. The Commission will require Fairpoint to file a copy of its notice incorporating the revisions directed by the Commission above within five (5) days of this order. Furthermore, Fairpoint will be required to file a verified statement within ten (10) days of the date that all of its customers have been switched from Fairpoint to another local exchange carrier indicating that all customers have been switched. 3. If the parties do not make the above changes to its Action Plan and Fairpoint s customer notice, then the parties are to follow the directives of the Commission s February 8, 2002, order. ORDER IT IS, THEREFORE, ORDERED that the Action Plan, which is attached to this order as Attachment A, is approved as a reasonable manner for Fairpoint to discontinue providing local and long distance end user retail service in West Virginia provided that the parties make the following three modifications: (a) The following language found in paragraph 7, page 4 of the Action Plan may not be used to prevent a Fairpoint customer who has an outstanding balance from selecting another carrier nor should the language prevent 10

12 another carrier, who determines that the customer is eligible for service, be prevented from providing service: Fairpoint may not transfer any customer to Verzion-WV who has not paid FairPoint in full as of the date of the transfer. The following language found on page 4 of the notice being sent to Fairpoint customers at paragraph 4 must be removed: you may incur new connection charges for whch you will be responsible. The following language found at paragraph 8, page 5 of the Action Plan, must be added to the notice sent to FairPoint s customers: For those customers automatically switched to Verizon-WV, Fairpoint will reimburse Verizon-WV for all documented non-recurring charges up to $55.00 per customer. For those customers who affirmatively select Verizon-WV or another carrier, FairPoint will reimburse the customer for documented non-recurring charges up to $55.00 per customer. FairPoint must add the following language to its notice that its sends to its customers: Should you have any questions regarding Fairpoint s discontinuance of local and long distance telephone service in West Virginia, you may within ten (10) days of the date of this notice call the West Virginia Public Service Commission at or file written questions with the Commission by addressing them to the Executive 11

13 Secretary of the Public Service Commission, P.O. Box 812, Charleston, West Virginia 25323, referencing Fairpoint, Case No T-X. IT IS FURTHER ORDERED THAT if the parties are willing to make the above changes to the Action Plan and notice that is to be sent to Fairpoint s customers, then (a) Verizon-WV will not be required to file its response regarding the default carrier issue as directed by the Commission s February 8,2002, order; (b) FairPokt is required to file a copy of its notice incorporating the revisions directed by the Commission above within five (5) days of this order; and (c) Fairpoint is required to file a verified statement within ten (10) days of the date that all of its customers have been switched from FairPokt to other local exchange carriers indicating that all customers have been switched. IT IS FURTHER ORDERED that if the parties do not make the above changes to its Action Plan and Fairpoint s customer notice, then the parties are to follow the directives of the Commission s February 8,2002, order. 12

14 IT IS FURTHER ORDERED that the Commission's Executive Secretary serve a copy of this order upon all parties of record by FAX and United States First Class Mail and upon Commission Staff by hand delivery. Wd \ JAMES D. WILLIAMS, CHAIRMAN LJNljm ca. sca ANE, COMMISSIdNER 13

15 - Attachment A ACTION PLAN WHEREAS, the parties to this action plan fblly acknowledge and appreciate that the Commission does not take a public utility s withdrawal from the local market lightly; WHEREAS, Fairpoint Communications Solutions Corp. ( FairPoint ) therefore has approached Verizon West Virginia Inc. ( Verizon WV ) in order to work out, with the active assistance and cooperation of h s Commission s Staff, a business-to-business solution to enable Fairpoint s withdrawal from the West Virginia local exchange market; WHEREAS, FairPoint has previously given notice to its employees at its customer service center, and believes that it has a legitimate business need to exit the West Virginia local exchange mkket no later than April 15,2002; WHEREAS, the Commission s Order offebruary 8,2002 required FairPoint to give ninety (90) days notice to its customers, but Fairpoint and Staff are ofthe opinion that, under the circumstances ofthe action plan explained below, the notice can be tailored to accommodate Fairpoint s business plans while still fully protecting customers; WHEREAS, Verizon WV takes no position on the length and content of a notice of market withdrawal, but is willing to cooperate with Fairpoint and Staff to accommodate FairPoint s business plans,

16 to the extent that Verizon WV can do so within the systems and other business constraints under which it operates, and if otherwise consistent with Verizon WV s own legitimate business needs. WHEREFORE, the parties have worked diligently to accommodate the concerns of the other parties, those ofthe Commission, as well as the needs ofthe customers, under the time constraints of this case; NOW, THEREFORE, the parties propose that the Commission adopt the following action plan: I. Attached is a revised notice to Fairpoint s customers. The notice is designed to inform Fairpoint s customers fully, to follow the schedule explained in Paragraph 2 below, and to adopt the Commission s notice modifications in its February8,2002 Order, as tailored to thls action plan. As the Commission will see, the notice explains to customers that they will be switched to Verizon WV as their local exchange carrier ifthey do not act (as directed by the attached notice) by April 5,2002. The notice will be sent to FairPoint customers in either exactly or substantially the form of the attached notice. in parentheses) will apply: 2. The following schedule (with the applicableresponsible party for an action shown a. Notice to Fairpoint s customers (Fair Point) March 5,2002 or upon Commission s approval of plan, whichever is later b. Initial list of customer billing name, address and No later than Commission s approval of plan 2

17 . number to Verizon (FairPoint) c. Customer deadline for selecting an0 ther carrier (FairPoint customers) 30 days after notice in Paragraph 2.a d. Cut-off date for receipt of Customer service orders switching FairPoint customers to Verizon WV Or another carrier 7 days from date in Paragraph 2.c e. Final list of customer billing names, addresses and telephone numbers to Verizon WV (FairPoint) April 15,2002 f. Remaining eligible FairPoint customers who have not selected a local Carrier to be switched to Verizon WV (Verizon WV) No later than 60 days from notice in Paragraph 2.a 3. All parties will use their best efforts to meet the above schedule. The time for any action by Verizon WV will be extended automatically by any delay in action by Fairpoint, and will be extended by a reasonable time for any errors by FairPoint or other carriers in customer lists or orders. If a date is missed under the above schedule, the party missing it will provide a brief explanation for why it was missed, and ifknown, a timetable by which the action should be completed. Under no circumstances, however, may any penalty, liability or sanction be imposed upon any party if the above schedule is not met. 3

18 i 4. In addition to the actions set forth in the above schedule, Fairpoint will immediately remove any preferred carrier freezes (local, intralata and interlata) from its customer accounts in order to allow Verizon WV to perform an electronic transfer of customers. Further, Fairpoint will attempt, with the assistance of Staff, to inform other active competitive local exchange carriers ofthe cut-off date above for receipt of service orders and of the above schedule. 5. The parties are expressly authorized to exchange such customer line, credit and network information as may be necessary or convenient to accomplish the purposes of this action plan. FairPoint represents that all of its customers are resold business customers, and that less than 300 customers remain. 6. Verizon WV and all other eligible telecommunications carriers expressly have the right, but not the obligation, to contact Fairpoint s customers in order to solicit a change in service. 7. Verizon WV is expressly authorized to screen customers for credit in accordance with h s Commission s Telephone Rules. Verizon WV may deny service to any customer for nonpayment of any amount owed to Verizon WV for service until that customer makes appropriate payment arrangements in accordance with h s Commission s Telephone Rules. Fairpoint may not transfer any customer to Verizon WV who has not paid Fairpoint in full as of the date of the transfer. FairPoint must instead take 4

19 appropriate collection action, including denial of service, in accordance with the Commission's Telephone Rules. All transferred customers' service will be transferred "as is." However, ifthe customer has selected FairPoint as its preferred interexchange carrier ("PIC"), Verizon WV will become the customer's intralata PIC and the customer's interlata PIC (if FairPoint was the interlata PIC) will be "none." Any transferred customer may, however, modify its service arrangements, including PICs, by calling Verizon WV after the transfer has taken place. 8. For those customers automatically switched to Verizon WV, Fairpoint will reimburse Verizon WV for all documented non-recuning charges up to $55.00 per customer. For those customers who affirmatively select Verizon WV or another carrier, FairPoint will reimburse the customer for documented non-recurring charges up to $55.00 per customer. 9. The parties acknowledge that Verizon WV is cooperating in the action plan because it may accept the resold customers through its normal retail channels, because the ultimate number of transferred customers is expected to be manageable, because FairPoint is cooperating and providing the necessary information for Verizon WV to accomplish the transfer, and because the acceptance of these customers is otherwise consistent with Verizon W s legitimate business needs. Under no circumstances may Verizon WV's cooperation in ths action plan, or in any previous action plan, be cited or used against it for any reason. Verizon WV is not acting as a so-called ''default" carrier, but instead is cooperating with Fairpoint on a business-to-business basis. Upon the Commission's approval ofhs action plan, Verizon WV will 5

20 be excused from filing a response with the Commission on the default carrier question raised by Staff in this proceeding, as had been required by the Commission s February 8,2002 Order. 10. Except for the responsibility of Fairpoint to comply with Paragraph 12 below, whch is given in consideration ofthe cooperation ofverizon WV and the Staff in arriving at this action plan and in recommending it to the Commission, this plan does not create any contractually binding rights or obligations between Verizon WV and Fairpoint. 11. This action plan represents a negotiated compromise, and if not adopted as a whole by the Commission, the parties are fkee to oppose any aspect of the action plan adopted by the Commission. In addition, this action plan does not prevent any party from talung whatever position it deems advisable in the Commission s General Investigation in Case No T-GI. 12. The parties recognize that this plan s intent is to provide an immediate, case-specific solution to a unique emergency situation and does not necessarily represent what would be the parties respective considered judgment in other cases, under other circumstances, or for issues that may be considered in Case No T-GI. 13. Under no circumstances may any party s action under this action plan be considered slamming or otherwise in violation ofw. Va. Code E-1, C.S.R or 47 6

21 C.F.R , et seq., and this action plan is contingent upon the Commission s conclusion in that regard. The parties will cooperate to ensure compliance with47 C.F.R (e), to the extent, if at all, that provision applies. FairPoint will send andor file the notices that would otherwise be required under that provision. If a subscriber is mistakenly transferred to Verizon WV because of a good faith delay, problem or misunderstanding by any party, the customer will be switched to the carrier ofhs or her choice, but no party to this action plan will thereby incur liability. counterpart. 14. The parties may affix their signature to the original or to a telefacsimile FAIRPOINT COMMUNICATIONS SOLUTIONS Cow. By: Date: VERIZON WEST VIRGINIA INC. BY Date: STAFF OF THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA 7

22 ij. Ji. PAGE 01 g ~ faith d cfelav pohleni or misunderstanding by any party. the customer wilt be switched to the anier of his or her. choice. but no party to this action plan will thereby incur liability. 14 The parties may affix their signature to the original or to a iciefacsimile counterpart Date STAFF OF THE PLW IC SERVICE COMMISSION OF WEST Vmcm 7

23 because of a good faith delay. problem or misunderstanding by any pmy, the customer will be switched to the carrier of his or her choice, but no party to this action plan will thereby incur liability. counterpart. 14, The parties may affix their signature to the original or to a relefacsimije FAIRPOINT COMMUNICATIONS SOLUTIONS CORP. By: Date: VERIZON WEST \'IRGINIA INC. STAFF OF THE PUBLIC SERVICE COMMISSION OF WEST VIRGJNIA BY Date: 7,.-. ~. I,... I. - I

24 NOTICE OF TRANSFER OF TELEPHONE SERVICE As you have previously been notified, FairPoint will no longer be providing local, local toll or long distance service in West Virginia. You have the right to transfer your FairPoint local, local toll and long distance telephone services to other service provider(s) of your choosing. (As a starting point, you may want to look in your telephone directory to find out which carriers may be offering local, local toll and long distance services in your area.) However, you must make your selection(s) by April 5, 2002 (the Selection Date ). Please act now! After the Selection Date, FairPoint will no longer be providing any local, local toll, or long distance telephone services to you. If you have not transferred your local telephone service to another provider of your choosing by the Selection Date, your local telephone service will be transferred automatically to Verizon within ten (1 0) days of the Selection Date (the T ra n sfe r Period I ). Likewise, if you are receiving local toll service from FairPoint, and have not transferred your local toll service to another local toll provider by the Selection Date, your local toll service will be transferred automatically to Verizon within ten (1 0) days of the Selection Date. If you are receiving long distance service from FairPoint and have not transferred your long distance service to a new long distance provider by the Selection Date, you will lose your presubscribed long distance service although you may be able to make calls on a dial around basis using an access code. Please see the additional materials enclosed with this notice for more information about what to do to about your long distance service. Contact Numbers FairPoint: for business service. Monday - Friday 8:OOam -6:OOpm Verizon: for business service. Monday - Tuesday 8:30am - 5:OOpm Wednesday - Friday 9:OOam - 4:30pm

25 Please see the additional materials enclosed with this notice for important details. :j

26 communications The Power of Cholte March 5, 2002 NOTICE OF TRANSFER OF TELEPHONE SERVICE: ADDITIONAL DETAILS FairPoint Communications Solutions Corp. ( FairPoint ) will no longer be providing local, local toll (sometime called intralata toll) or long distance service in West Virginia. You may immediately transfer your local and (and, if applicable, your local toll) service(s) to available carrier(s) of your choosing. If you have not transferred your local (and, if applicable, your local tolland long distance) service(s) to 4kkm-w- another available carrier by April 5, 2002 (the Selection Date) then within the following ten (10) day period (the Transfer Period), your local telephone service and, if applicable, your local toll service will be transferred to Verizon as outlined below in accordance with the applicable rules and Orders of the Public Service Commission of West Virginia (WVPSC) and the Federal Communications Commission (FCC). If you are receivina lonq distance service from FairPoint and have not transferred your lonq distance service to a new lonq distance provider by the Selection Date, you will lose your presubscribed lonq distance service althouqh you may be able to make calls on a dial around basis usinq an access code. You have a choice in selecting your telephone service provider(s): I) If You Select Verizon only for Local Service by the Selection Date: Please contact Verizon at for local business service as soon as possible. Verizon will provide you with the services you request, and will make local toll service and long distance service available to you from the carrier(s) of your choosing. 2) If You Select Verizon for Local Toll Service by the Selection Date: Please contact Verizon at for local toll service as soon as possible. Verizon will provide you with the services you request, and will make long distance service available to you from the carrier of your choosing. 3) If You Select Verizon for Local Service and Local Toll Service by the Selection Date: Please contact Verizon at Verizon will provide you with the services you request, and will make long distance service

27 available to you from the carrier of your choice. 4) If You Select a Provider or Providers other than Verizon for Local andlor Local Service(s) before the Selection Date: Please be aware that if you transfer your local service and/or local toll service to a provider or providers other than Verizon, you may incur new connection charqes for which you will be responsible, and you must make arrangements with your chosen service provider(s) to transfer your service(s) prior to the Selection Date. 5) If You Do Not Select a Local Service and Local Toll Service Provider by the Selection Date: If you have not transferred your FairPoint local telephone service by the Selection Date, your local service will be automatically transferred during the Transfer Period, in accordance with the applicable rules of the WVPSC and the FCC. Likewise, if you have not transferred your local toll telephone services by the Selection Date, your local toll service will be automatically transferred during the Transfer Period, also in accordance with the applicable rules of the WVPSC and the FCC.

28 SERVICES WILL BE PROVIDED TO YOU AS FOLLOWS: a. Local Services -- Verizon will provide the same local services as you were receiving with FairPoint, at Verizon s approved rate structure. b. Local Toll and Long Distance Services Customers Receiving Local Toll Service from FairPoint -- If you use FairPoint for local toll service, you will be transferred to Verizon s basic business local toll service plan according to Verizon s tariffed rate structure. Customers Receiving Local Toll Service from FairPoint and Long Distance Service from Another Carrier - If you use FairPoint for local toll service, but another carrier for long distance service, then Verizon will provide your local toll service according to Verizon s approved rate structure, and you will receive your long distance service from your current carrier. Important: Customers Receiving Long Distance from FairPoint and Local Toll from Another Carrier - If you are using FairPoint for long distance, but are using another carrier for local toll, you need to choose a new long distance carrier or you will lose your long distance service. However, your local toll service will still be provided by the same carrier. Customers Receiving Local Toll Service and Lonq Distance Service from a Carrier or Carriers other than FairPoint -- If you are using a carrier or carriers other than FairPoint for both local toll and long distance services, you will receive the same service(s) from the same carrier(s). If you have a preferred carrier freeze which prevents unsolicited changes on your local andlor local toll service, and have not contacted Verizon or another provider by the Selection Date, the freeze(s) will be lifted and your local and local toll services transferred according to this section. You must contact Verizon to arrange for the freeze protection to be reinstated after the transfer. c. Service Adiustments -- You may make adjustments and changes to your service from Verizon at any time by calling the toll free number listed above for business customers. You will be responsible for any account balance due FairPoint through the date of your transfer. After the payment of your final bill to FairPoint, any deposits or credits that may be due to you from FairPoint will be sent to you within 30 calendar days following the discontinuation of your telephone service. Alternatively, FairPoint may return any such deposit or credit in the form of a credit appearing on your final bill. FairPoint will no longer make any new changes to your FairPoint phone service...

29 0, c FairPoint appreciates the opportunity to have been your telephone service provider. Verizon is eagerly looking forward to serving your communications needs! If you have any questions regarding your FairPoint telephone service or the transfer of your service, please direct any questions you may have to FairPoint toll free at FairPoint will work with you to attempt to resolve any outstanding issues involving its service. If you have any questions about your future telephone services or features from Verizon, please contact Verizon toll free at