2. REGULATIONS (Cont'd)
2.3 Liability of Company (Cont'd)
2.3.16
The Company shall not be liable for any claims for loss or damages involving:
(a)
Breach in the privacy or security of communications transmitted over the
Company's facilities;
(b)
Changes in any of the facilities, operations or procedures of the
Company that render any equipment, facilities or services provided by the
Customer obsolete, or require modification or alteration of such equipment,
facilities or services, or otherwise affect their use or performance, except
where reasonable notice is required by the Company and is not provided to the
Customer, in which event the Company's liability is limited as set forth in
this Tariff.
(c)
Any intentional, wrongful act of a Company employee when such act is not
within the scope of the employee's responsibilities for the Company and/or is
not authorized by the Company;
(d)
Any representations made by Company employees that do not comport, or
that are inconsistent, with the provisions of this Tariff.
2. REGULATIONS (Cont'd)
2.4 Credit Allowances for Interruptions
in Service
Credit
allowances for interruption of Service which are not due to the Company's
inspection or testing, to the negligence or willful misconduct of the Customer,
or to the failure of channels, equipment and/or communications systems provided
by the Customer, are subject to the general liability provisions set forth in
this Tariff.
It
shall be the obligation of the Customer to notify the Company immmediately of
any interruption in service for which the Customer desires a credit allowance.
Before giving such notice, the Customer shall ascertain that the trouble is not
within its control, or is not in wiring or equipment, if any, furnished by the
Customer. Credit allowance for failure of service starts when Customer notifies
Company of the failure or when the Company becomes aware of the failure and
ceases when the operation has been restored and an attempt has been made to
notify the Customer. Credits must be
requested by the Customer in writing within thirty (30) days after the
interruption and may be applied to any amounts then owed by the Customer to the
Company.
For
the purposes of credit computation, every month shall be considered to have
thirty (30) days. The Customer shall be credited for an interruption of
twenty-four (24) hours or more at the rate of 1/30th of the monthly recurring
charge for the services affected for each day or fraction thereof that the
interruption continues. No credit shall be given for an interruption of less
than twenty-four (24) hours. Credits attributable to any billing period for
interruptions of service shall not exceed the total charges for that period in
which the service provided by the Company was rendered useless or substantially
impaired.
Without
limiting any other provision of this Tariff, no credit allowance will be made
for:
(1) interruptions
due to the cause of, negligence of, or noncompliance with the provisions of
this Tariff by the Customer;
(2)
interruptions of service during any period in which the Company is not given
full and free access by the Customer to its facilities and equipment for the
purpose of investigating and correcting interruptions;
(3) interruptions
of service during a period in which the Customer continues to use the service
on an impaired basis;
(4) interruption
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; and
(5) interruption
of service during a time period in which the Company provides a satisfactory
replacement service.
2. REGULATIONS (Cont'd)
2.5 Provision of Equipment and Facilities
2.5.1
The Company shall use reasonable efforts to make available services to a
Customer on or before a particular date, subject to the provisions of and
compliance by the Customer with, the regulations contained in this Tariff. The
Company does not guarantee availability by any such date and shall not be
liable for any delays in commencing service to any Customer.
2.5.2
The Company shall use reasonable efforts to maintain the facilities and
equipment that it furnishes to the Customer. The Customer may not, nor may the
Customer permit others to, rearrange, disconnect, remove, attempt to repair, or
otherwise interfere with any of the facilities or equipment installed by the
Company, except upon the written consent of the Company.
2.5.3
The Company may substitute, change or rearrange any equipment or
facility at reasonable times, but shall not thereby alter the technical
parameters of the service provided to the Customer.
2.5.4
Equipment the Company provides or installs at the customer premises for
use in connection with the services the Company offers shall not be used for
any purpose other than that for which it was provided by the Company.
2.5.5
The Customer shall be responsible for the payment of service charges as
set forth herein for visits by the Company's agents or employees to the
premises of the Customer when the service difficulty or trouble report results
from the use of equipment or facilities provided by any party other than the
Company, including but not limited to the Customer.
2.5.6
The Company shall not be responsible for the installation, operation, or
maintenance of any customer-provided communications equipment. Where such
equipment is connected to the facilities furnished pursuant to this Tariff, the
responsibility of the Company shall be limited to the furnishing of facilities
offered under this Tariff and to the maintenance and operation of such
facilities. Subject to this responsibility, the Company shall not be
responsible for: (a) the transmission of signals by customer-provided equipment
or for the quality of, or defects in, such transmission; or (b) the reception
of signals by customer provided equipment.
2.5.7
Subject to the arrangements of the Company and to all of the regulations
contained in this Tariff, special construction may be undertaken on a
reasonable efforts basis at the request of the Customer. Special construction
is that construction undertaken:
a) Where facilities are not presently
available, and there is no other requirement for the facilities so constructed;
b) Of a type other than that which the
Company would normally utilize in the furnishing of service;
c) Over a route other than that which the
Company would normally utilize in furnishing of its services;
d) In a quantity greater than that which
the Company would normally construct;
2. REGULATIONS (Cont'd)
2.6
Prohibited Uses
2.6.1
The services the Company offers shall not be used for any unlawful
purpose or for any use as to which the Customer has not obtained all required
governmental approvals, authorizations, licenses, consents and permits.
2.6.2
The Company may require applicants for service who intend to use the
Company's offerings for resale and/or for shared use to file a letter with the
Company confirming that their use of the Company's offerings complies with
relevant laws and Commission regulations, policies, orders, and decisions.
2.6.3
The Company may require a Customer to immediately shut down its
transmission of signals if said transmission is causing interference to others.
2. REGULATIONS (Cont'd)
2.7 Specific Obligations of the Customer
2.7.1 The Customer shall be responsible
for, unless otherwise specifically negotiated by the Customer and the Company:
(a) payment of all charges for services
in accordance with this Tariff.
(b) reasonable care for the equipment of
Company on the Customer's premises;
(c) without cost to Company, the power
required to operate Company's equipment installed on the premises of the
Customer;
(d) space, heating and cooling, conduit,
electrical wiring and power outlets for safe operation of Company's equipment
located on the premises of the Customer;
(e) access to the Customer's premises for
tests and inspection of services and/or maintenance of Company's equipment at a
time agreeable to both the Company and the Customer. No credit allowance will
be made for the period during which the service may be interrupted for such
purposes;
(f) 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 premises, unless caused by the negligence or
willful misconduct of the employees or agents of the Company;
(g) obtaining, maintaining, and otherwise
having full responsibility for all rights-of-way and conduits necessary for
installation of facilities and equipment used to provide Services to the
Customer from the property line to the location of the equipment space. Any and
all costs associated with obtaining and maintaining the rights-of-way described
herein, including the costs of altering the structure to permit installation of
the Company-provided facilities, shall be borne entirely by, or may be charged
by the Company to, the Customer. The Company may require the Customer to
demonstrate its compliance with this section prior to accepting an order for
service;
(h) providing a safe place to work and
complying with all laws and regulations regarding the working conditions on the
premises at which Company employees and agents shall be installing or
maintaining the Company's facilities and equipment. The Customer may be
required to install and maintain Company facilities and equipment within a
hazardous area if, in the Company's opinion, injury or damage to the Company's
employees or property might result from installation or maintenance by the
Company. The Customer shall be responsible for identifying, monitoring,
removing and disposing of any hazardous material prior to any construction or
installation work;
(i) not creating, or allowing to be
placed, any liens or other encumbrances on the Company's equipment or
facilities.
2. REGULATIONS (Cont'd)
2.7 Specific Obligations of the Customer
(Cont'd)
2.7.2
The Customer is responsible for taking all necessary legal steps for
interconnecting its Customer-provided terminal equipment or communications
systems with Company facilities.
2.7.3
The Customer shall secure all licenses, permits, rights-of-way, and
other arrangements necessary for such interconnection unless otherwise
specifically negotiated by the Customer and the Company.
2.7.4
The Customer is responsible for ensuring that Customer-provided
equipment connected to Company equipment and facilities is compatible with such
equipment and facilities.
2. REGULATIONS (Cont'd)
2.8 Termination
2.8.1
In the event that service is terminated by Company pursuant to Sections
2.10 or 2.13 of this Tariff, or that service is terminated by the Customer for
convenience, the Customer shall be responsible for all charges and expenses
incurred to the date of termination.
2.8.2
Termination Liability
In
the event that the Customer terminates service prior to the expiration of the
term of the Service Order or Company terminates service pursuant to the
provisions of this Tariff, the Customer shall be liable to Company for:
(a) all unpaid non-recurring charges
reasonably expended by the Company to establish service to the Customer; plus
(b)
any disconnection, early cancellation or termination charges reasonably
incurred and paid to third parties by the Company on behalf of the Customer;
plus
(c)
all recurring charges specified in the applicable Service Order incurred
prior to disconnection, cancellation or termination, plus
(d)
the number of months or portion of month remaining within the term of
the Service Order, times the then current monthly charge or pro-rata monthly
charge payable on the effective date of Customer termination or Company
cancellation.
These
charges shall become due and owing as of the effective date of the cancellation
or termination. Any termination shall not relieve the Customer of its
obligation to pay any charges incurred under the Service Order and this Tariff
prior to termination. The rights and obligations that by their nature extend
beyond the termination of the term of service order shall survive such
termination.
2.9 Termination of Service by a Customer
2.9.1
A Customer may cancel service upon 30 days written notice to the
Company. Notices will be deemed received upon actual receipt by the Company.
The Customer shall retain responsibility for service and equipment charges
until the day and time on which service is requested to be discontinued,
subject to the provisions of Section 2.8. If the Customer fails to provide the
Company with proper notice or access to the premises, the Customer shall
continue to be responsible for equipment and service rendered.
2.9.2
If, based on an order by a Customer, any construction has begun or been
completed, but no service provided, the nonrecoverable cost of such
construction shall be borne by the Customer and Customer shall reimburse the
Company for such expenses and costs.
2. REGULATIONS (Cont'd)
2.10 Termination for Cause by the Company
2.10.1 Upon a violation of any law or of
the provisions governing the furnishing of service under this Tariff, Company
may, without incurring liability, immediately cease the furnishing of such
service.
2.10.2 Upon nonpayment of any sum owing
to Company, Company may, without incurring liability, cease the furnishing of
all services upon seven (7) days written notice to Customer. Notice will be
deemed received upon actual receipt by the Customer. In the event Company
ceases service, Customer shall incur the termination charges as specified in
Section 2.8, as well as all reasonable costs of collection.
2.10.3 With notice, the Company may
disconnect service to any customer for any reason stated below:
(1) for failure of the Customer to meet the Company's deposit and credit
requirements;
(2) for failure of the Customer to make proper Application for Service;
(3) for the Customer's violation of any
of the Company's rules on file with the Commission;
(4) when necessary for the Company to
comply with any order or request of any governmental authority having
jurisdiction;
(5) for failure of the Customer to
provide the Company reasonable access to its equipment and property;
(6) for the Customer's breach of the
contract for service between the Company and the Customer;
(7) for failure of the Customer to
furnish such service, equipment, and/or rights-of-way necessary to serve said
customer as shall have been specified by the Company as a condition of
obtaining service; or
(8) in the event of tampering with the Company's
equipment; or
(9) in the event of a condition
determined to be hazardous to the Customer, to other customers of the Company,
to the Company's equipment, the public, or to employees of the Company.
2.11 Payment Arrangements
2.11.1
Payment for Service
The
Customer is responsible for payment of all charges for facilities and services
furnished to the Customer. Charges for installations, physical changes,
expedites, or for cancellation of orders are payable upon completion. If,
because of any such activity a non-Company carrier or supplier levies
additional charges, these charges shall be passed on to the Customer. Recurring
charges are billed in advance of the month in which the service is provided.
2. REGULATIONS (Cont'd)
2.11 Payment Arrangements (Cont'd)
2.11.2
Billing and Collection of Charges
The
Company shall render a bill during each billing period to every Customer. The
billing period shall be monthly. Non-recurring charges are due and payable from
the Customer within (30) days after the invoice date, unless otherwise agreed
to in advance. Billing will be payable upon receipt.
(a)
Except as otherwise provided in subdivision (b) of this Section,
interest at the rate of 1.5% per month (unless proscribed by law, in which
event, at the highest rate allowed by law) will accrue upon any unpaid amount
commencing thirty (30) days after the date of billing.
(b)
For billing and collection purposes, every month is considered to have
thirty (30) days.
(c)
When service does not begin on the first day of the month, or end on the
last day of the month, service will be furnished and billed on a pro rata
basis.
Billing
and collection services may be provided by the Company or provided by others
including the Customer's local exchange carrier on behalf of the Company. When
billing and collection are the responsibility of the local exchange carrier or
party other than the Company, Company shall assume no liability for any injury
arising from the local exchange carrier's or other party's billing and collection
practices. Payments owing by Customer under this Tariff may be offset so that
only the net amount shall be paid by the Customer during the relevant period.
2.11.3 Advance Payments
To
safeguard its interests, the Company may require a Customer to make an advance
payment before services and facilities are furnished. Advance payment may be
required by the Company for the construction of facilities and furnishing of
special equipment for temporary service for short-term use. 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
and recurring charges (if any) for a period to be set between the Company and
the Customer. An advance payment may be required in addition to a deposit.
2.11.4 Deposits
The
Company may require Customer to make a deposit to be held as a guarantee for
the payment of charges. A deposit does not relieve the Customer of the
responsibility for the prompt payment of bills on presentation. A deposit may
be required in addition to an advance payment. The deposit will not exceed an
amount equal to two months estimated charges for a service. Company retains the
right to request Customer to submit to Company updated financial information to
ensure Customer's creditworthiness. Company may also require an additional
deposit during the term of a Service Order based on changed circumstances. In
addition, to satisfy Customer's payment responsibilities under the Tariff,
Company may require Customer to provide and maintain in effect during the term
of any Service Order a confirmed, irrevocable letter of credit or other
alternative form of security proposed by and acceptable to Company that is
consistent with commercial practices and that adequately protects Company
against the risk of Customer's non-payment. When a service is discontinued, the
amount of a deposit, plus interest, will be applied to the Customer's account
and any credit balance remaining will be refunded.
2. REGULATIONS (Cont'd)
2.11 Payment Arrangements (Cont'd)
2.11.5
Surcharges and Taxes
The
Customer is responsible for the payment of any local, state or federal sales,
excise, access or other surcharges or taxes imposed on or based upon the
provision, sale or use of services provided pursuant to this Tariff, unless
otherwise exempt as a matter of law.
2.11.6
Disputed Bills
All
bills are presumed accurate, and shall be absolutely binding on the Customer
unless Company receives objection from the Customer within thirty (30) days
after such bills are rendered. In the case of a billing dispute between the
Customer and Company for service furnished to the Customer, which cannot be
settled with mutual satisfaction, the Customer may take the following course of
action within thirty (30) days of the billing date
2.11.6.1 First, the Customer may request,
and Company will provide, an in-depth review of the disputed amount. (The
undisputed portion and subsequent bills must be paid on a timely basis or the
service may be subject to disconnect.)
2.11.6.2 Second, if there is still a
disagreement about the disputed amount after the investigation and review by a
manager of Company, the Customer may file an appropriate complaint with the
Pennsylvania Public Utility Commission. The Commission's address is:
Bureau
of Consumer Services
(800)
782-1110
In
the case of a billing dispute which cannot be settled with mutual satisfaction,
the undisputed portion and subsequent bills must be paid on a timely basis, or
the service may be subject to disconnection.
2.11.7 The liability of the Company for
errors in billing that result in overpayment by the Customer shall be limited
to a credit equal to the dollar amount erroneously billed or, in the event that
payment has been made and service has been discontinued, to a refund of the
amount erroneously billed.
2.12 Restoration of Service
The
use and restoration of service in emergencies shall be in accordance with Part
64, Subpart D of the Federal Communications Commission's Rules and Regulations,
which specifies the priority system for such activities.
2. REGULATIONS (Cont'd)
2.13 Violation of Regulations
Where
any Customer-provided equipment and/or communications system is used with
Company's facilities in violation of the provisions of this Tariff, the Company
will take such immediate action as may be necessary for its protection and will
promptly notify the Customer of the violation. The Customer shall discontinue
such use of equipment or communications systems which it provides, or shall
correct the violation and confirm in writing to the Company within ten (10)
days following notice of violation from Company, that such use has ceased or
that the violation has been corrected. Failure of the Customer to discontinue
such use or to correct the violation and to give the required written
confirmation to Company within the time stated above shall result in suspension
of the Customer's service until such time as the Customer complies with the
provisions of this Tariff.
3. DESCRIPTION OF SERVICE
3.1
Transmission Service is offered via the Company's facilities for the
transmission of one-way and two-way communications.
3.2
Digital channels over the Company's Network are furnished for
full-duplex transmission of digital signals at operating speeds as follows:
(a) 44.736 Mbps (DS-3)
Digital
channels operating at speeds other than those listed above may be provided at
the Company's option on an Individual Case Basis ("ICB"). The rates
for the operating speeds outlined above are described in Section 4.
3.3 Airline mileage, used in conjunction
with the rates in Section 4, is obtained using the "V" and
"H" coordinates assigned to each point as set forth in the National
Exchange Carrier Association Tariff FCC No. 4. The calculation is generally
defined as the square root of the sum of the squares of the differences between
the "V" and "H" coordinates, divided by 10. Any fractional
miles are rounded to the next whole mile before rates are applied.
3.4 Trouble
Isolation Charges
The
Trouble Isolation Charge applies for time spent on a Customer's premises by a
Company employee or its agent during which it is determined that a service
difficulty or trouble reported results from Customer-provided terminal
equipment and/or communications systems.
When
a Customer reports trouble to the Company for clearance and no trouble is found
in the Company's facilities, the Customer may be responsible for payment of a
charge calculated from the time Company personnel are dispatched to the
Customer Premise until the work is completed.
Failure
of Company personnel to find trouble in the Company's facilities will result in
no charge if the trouble is actually in those facilities but not discovered at
that time. The Customer may be responsible for payment of charges when the
Company dispatches personnel to the Customer's premises and the trouble is in
equipment or communications systems provided by other than the Company
Charges
will be made at the Company's current labor rates including appropriate
overheads and are subject to overtime and premium time for work outside of
normal Company hours. Charges will be based on a minimum of four hours.
4. RATES & CHARGES
4.1 DS-3
DS-3
service is a digital transmission facility of 44.736 Mbps. This service
supports voice, analog data, digital data, and video. Service is available 24
hours per day, seven days per week.
Rates
per circuit: (for circuits where point of origination and termination are
on-net)
Nonrecurring
Installation: $1,250.00
Recurring
- Facility $4900.00/month
Recurring
- Mileage $155.00/mile/month
4.2 Special Construction
4.2.1 Basis for Rates and Charges
Rates
and charges for special construction will be based on the costs incurred by the
Company and may include non-recurring type charges (applied on a time and
materials basis), recurring type charges, termination liabilities, or
combinations thereof.
4.2.2 Basis for Cost Computation
The
costs referred to in 4.2.1 may include one or more of the following items to
the extent that they are applicable:
a) costs associated with the installation of
the facilities to be provided, including estimated costs for the rearrangements
of existing facilities, including cost of:
1)
equipment and materials provided or used,
2)
engineering, labor and supervision,
3)
transportation, and
4)
rights-of-way;
b) cost of maintenance;
c) depreciation on the estimated cost
installed of any facilities provided, based on the anticipated useful service
life of the facilities with an appropriate allowance for the estimated net
salvage;
d) administration, taxes and
uncollectible revenue on the basis of reasonable average costs for these items;
e) license preparation, processing and
related fees;
f) tariff preparation, processing and
related fees;
g) any other identifiable costs related
to the facilities provided; or
h) an amount for return and
contingencies.
4. RATES & CHARGES (Cont'd)
4.3 Individual Case Basis
In
lieu of the rates otherwise set forth in this tariff, rates and charges,
including minimum usage, installation, special construction and recurring
charges for Company's services may be established at negotiated rates on an
Individual Case Basis ("ICB"). Such arrangements shall be considered
special pricing arrangements, the terms of which will be set forth in
individual Customer contracts.
Rates
and terms for services that the Company offers to Customers may vary depending
on a number of factors, which may include:
- length of circuit(s)
- volume and/or term commitments
- varying equipment types and
configurations
- special construction
- type of service(s)
- cost differences (labor, taxes, fees
paid to LEC for interconnection, etc.)
- customer-specific billing arrangements
- other miscellaneous fees and charges
(e.g. rights-of-way charges, franchise fees and building rights-of-way costs,
etc.)
- market conditions and/or competitive
considerations
- availability of existing facilities
However,
unless otherwise specified in the individual Customer contract, the terms,
conditions, obligations and regulations set forth in this tariff other than
this Section 4 shall be incorporated into, and become part of, said contract,
and shall be binding on Company and Customer.
Specialized rates or charges will be made available to similarly
situated Customers on a nondiscriminatory basis. In addition to any rate or
charge established by the Company, the Customer will also be responsible for
any recurring or non-recurring charges imposed by local exchange telephone
companies incurred by or on behalf of the Customer in establishing or
maintaining service. Such charges may be billed by the Company or directly by
the local exchange company, at the Company's option.