VIRGINIA Original Contents Page 1 TABLE OF CONTENTS 1. INTEREXCHANGE INTERLATA SERVICES...1 1.1 General... 1 1.2 Definitions...1 1.3 Regulations...2 1.4 Rates and Charges...4 Page No.
VIRGINIA Original Page 1 1. INTEREXCHANGE INTERLATA SERVICES 1.1 General 1.2 Definitions This Tariff sets forth the terms and conditions under which GTE South Incorporated (GTE or the Company) will provide to Interexchange Carriers (ICs), interexchange transmission capacity within Virginia from certain Points of Termination (POT) within Interexchange Carrier's designated Points of Presence (POP) to certain Points of Interface (POI) defined and described herein below, and will provide interexchange services to end users. For the purposes of this Tariff, the following terms will have the following definitions: Base Facility The term "Base Facility" denotes a transmission path made up of physical pairs or paired wire, glass fiber conductors, or microwave radio facilities whose essential capacity has the capability to be subdivided into groups of equivalent carrier channels by one or more stages of multiplexing. Contracted Capacity The term "Contracted Capacity" denotes the capacity available to a customer on specific transmission facilities to meet equivalent capacity ordered by that customer. Customer The term "Customer" denotes an IC or end user, as the case may be. End User The term "End User" denotes any customer of an intrastate telecommunications service that is not an IC; provided however, an IC shall be deemed to be an "End User" to the extent that such carrier uses a telecommunications service for administrative purposes, without making such service available to others, directly or indirectly. Interexchange Carrier (IC) The term "Interexchange Carrier" denotes a company certificated to provide interlata interexchange services within Virginia. Point of Interface (POI) The term "Point of Interface" denotes the point at which GTE's facilities connect to an IC's facilities. Point of Presence (POP) The term "Point of Presence" denotes the geographical location at which a Point of Termination (POT) is located.
VIRGINIA Original Page 2 1.2 Definitions (Continued) Point of Termination (POT) The term "Point of Termination" denotes the point of demarcation designated by an IC within GTE's premises at which GTE's responsibility for the provision of access service ends. Transmission Facility The term "Transmission Facility" denotes a transmission path derived by multiplexing and using cable or radio as a base facility. 1.3 Regulations (A) Support Systems GTE will supply as it may be deemed appropriate in GTE's judgment for the operation of its transmission facilities offered under this Tariff, some or all of the following kinds of support systems: operation centers, power facilities, land and building space, tools, test sets and other common equipment. Additional supporting items may include administrative support, cable pairs such as order wire, test and fault location pairs and spare facilities to make good a failed pair by patching or switching when a working line fails. (B) Technical Standards The customer's connecting network, if any, shall be operated in a manner that is technically compatible with the design specifications of GTE's transmission facilities. A customer's use of transmission capacity shall not in any way interfere with or impair the Company's ability to offer other transmission capacities, cause damage to the Company's plant, impair the privacy of communications over the Company's system or create hazards to employees of any company or the public. (C) Force Majeure Neither GTE nor the customer shall be held liable for any delay or failure in performance of any part of this Tariff from any cause beyond its control and without its fault or negligence, including, without limitation, acts of God, acts or omissions of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, sabotage, riots, civil commotion or civil uprisings, insurrections, fires, explosions, nuclear accidents, strikes, lockouts, power blackouts, earthquakes, floods, hurricanes, tornadoes, lightning, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation common carriers (each of which is subsequently referred to as a "Force Majeure Condition").
VIRGINIA Original Page 3 1.3 Regulations (Continued) (D) Restoration of Service in Event of Outage Unforeseen or unintended service outages will be restored on a priority basis for those network elements and services affecting national security or emergency preparedness capabilities and those affecting public safety, health and welfare as those elements and services are identified by the appropriate government agencies. Second, all services shall be restored as expeditiously as practicable and in a nondiscriminatory manner. (E) Liability for Outages In the event of a service disruption or outage, GTE's liability shall be as follows: (1) When an outage is caused or results from negligence on the part of GTE, its employees, agents or contractors, GTE's liability to the customer shall be limited to a credit for outage time in an amount equal to that portion of the charges owed GTE under this Tariff and attributable to the affected plant for the duration of the outage. (2) When an outage is caused by or results from a "Force Majeure Condition", neither GTE nor customer shall be held liable. Any claim or demand for credit based upon an outage shall be provided in accordance with the rules and regulations set forth in Section 2.4.4 of the Facilities for Intrastate Access Tariff. (F) Preservation of Rights Neither the provision or use of any facilities or services hereunder, nor any payment for use of such facilities or services, shall create or vest by implication or other ownership or property right or any nature in any facilities, land, buildings or other premises beyond any expressly granted rights to occupy such premises. This Tariff shall not constitute an assignment of any of GTE's right to use public or private property at the locations of any facilities. Nor shall this Tariff constitute the assignment of any of GTE's right to use its facilities, including GTE's rights to use the microwave frequency spectrum assigned to it at any transmission point. (G) Restrictions on Use The customer shall be permitted to use a transmission facility or service owned or offered by GTE under this Tariff for the purpose and to the extent specified in this Tariff, or, where not specified, for any use permitted by law. (H) Changes in Facilities GTE may make changes in any transmission facility provided hereunder provided that the changes do not impair the rights covered under this Tariff for use of contracted capacity by the customer.
VIRGINIA Original Page 4 1.3 Regulations (Continued) (I) Assignment Except as otherwise expressly provided in this Tariff, the assignment of any right, obligation or duty, in whole or in part, or of any other interest hereunder, by any party without the written consent of the other party shall be void. (J) No Rights to Third Parties This Tariff does not and shall not be deemed to provide third parties with any remedy, claim, right of action, or other right. (K) Facility Availability Contracted capacity will be provided on a first come first served basis subject to availability of facilities. Contracted capacity is available only between the locations specified in Section 1.4 of this Tariff. (L) Special Service Arrangements 1.4 Rates and Charges Customer specific service arrangements, which may include engineering, installation, construction, facilities, assembly and/or other special services, may be furnished in addition to existing tariff offerings. Rates, terms and conditions plus any additional regulations, if applicable, for the special service arrangements, will be developed upon the customer's request. Special service arrangements will be provided to end users according to contract. Unless otherwise specified, the regulations for the special service arrangements are in addition to the applicable regulations specified in other sections of this Tariff. (A) Contracted Capacity Billed to ICs Contracted capacity will be billed to ICs at the per minute of use rate for traffic transmitted over the specific transmission facilities available as specified in Section 1.3(K) and provided below: Point of Point of Rate Per Presence (POP) Interface (POI) Minute of Use Great Bridge Maritime Towers Building $.0045 231 Monticello Avenue Norfolk, Virginia Old Church Seaboard Building.0041 3600 West Broad Street Richmond, Virginia Emporia Seaboard Building.0133 3600 West Broad Street Richmond, Virginia
VIRGINIA Original Page 5 1.4 Rates and Charges (Continued) (B) Volume Discount Schedule The following discount schedule shall apply to contracted minutes of use pricing for the transmission facilities specified in Section 1.4(A). The discount shall be based on an annualized projection of the total current month Million Minutes of Use (MMOU) as follows: First 150 MMOU No Discount Next 50 MMOU 20% Next 50 MMOU 36% Over 250 MMOU 48.8% (C) Contracted Capacity Billed to End Users Rates and charges are billed to the end user for contracted capacities available as specified in Section 1.3(K) and provided below: (1) Lightwave Spectrum - Dark Fiber A total of 8 fibers provided to Lightwave Spectrum for the connection between the Quantico customer location to Fort Belvoir customer location. The term of the contract is 10 years beginning August 15, 1991. The early termination liability would be the net present value of remaining future payments discounted at 10%. Rates and charges for Lightwave Spectrum are as follows: Nonrecurring Monthly Charge Rate 8 Dark Fiber $2,000 $17,702