LEGAL NOTICE
On June 27, 2007, in accordance with SSB
6743 and RCW 80.36.100(5), Legent Communications Corporations d/b/a Long
Distance America (“LDA”)
withdrew its WA Price List on file with the Washington Utilities and Transportation
Commission. LDA will continue to offer
in-state service in WA under the same rates, terms and conditions as the
withdrawn WA Price List. These rates,
terms and conditions can be found on LDA’s website at
http://www.ldamerica.info/Tariffs/wa_price_list.htm. For WA customers, this means that there
will be no changes to your service or rate plan.
TELECOMMUNICATIONS
PRICE LIST
OF
LEGENT
COMMUNICATIONS CORPORATION d/b/a LONG DISTANCE AMERICA
P.O. Box 50008, Irvine, California 92619-0008
Customer
Service Telephone Number - 866.469.0829
RESALE
INTEREXCHANGE TELECOMMUNICATIONS SERVICE
This Price List contains the
descriptions, regulations and rates applicable to the furnishing of
telecommunications services provided by Legent Communications Corporation d/b/a
Long Distance America ("Company") within the State of Washington. This Price
List is on file with the Washington Utilities and Transportation
Commission.
CONCURRING CARRIERS
None
CONNECTING CARRIERS
None
OTHER PARTICIPATING CARRIERS
None
EXPLANATION OF SYMBOLS
Changes to this Price List shall be
identified on the revised Page(s) through the use of symbols. The following are
the only symbols used for the purposes indicated below:
(C) To signify a changed
regulation
(D) To signify a deleted or
discontinued rate or regulation
(I) To
signify a change resulting in an increase in rate or charge
(K) To signify that material has
been transferred to another Page in the Price List
(M) To signify material that has
been transferred from one Page to another
(N) To signify a new rate or
regulation condition or sheet
(O) To signify no change*
(R) To signify a reduced
rate or charge
(T) To signify a change in text
but no change in rate or regulation
* The use
of the symbol "O" shall be discretionary unless its use in the
interest of clarity is evident or specifically requested by the Commission.
APPLICATION OF PRICE LIST
This Price List contains the rates,
terms and conditions applicable to the provision of specialized resold
intrastate common carrier telecommunications services by Legent Communications
Corporation d/b/a Long Distance America between various locations within the
State of Washington.
All services are interstate
offerings. Intrastate service is an add-on service available only if the
Customer subscribes to the Company’s interstate offerings.
SECTION
1 - DEFINITIONS
Authorized User:
An end user authorized by the
Customer to use the service.
Authorization Code:
A numerical code, one or more of
which are available to Customer to enable it to access Company's network, and
which are used by Company both to prevent unauthorized access to its facilities
and to identify Customer for billing purposes.
Business Service:
A service which conforms to one or
more of the following criteria:
A. used primarily for a paid
commercial, professional or institutional activity; or
B. the service is situated in a
commercial, professional or institutional location, or other location service
primarily or substantially as a site of an activity for pay; or
C. the service number is listed as
the principal or only number for a business in any telecommunications
directory; or
D. the service is used to conduct
promotions, solicitations, or market research for which compensation or
reimbursement is paid or provided. However, such use of service, without
compensation or reimbursement, for a charitable or civic purpose will not
constitute a business use unless other criteria apply.
Carrier:
Any individual, partnership,
association, corporation or other entity engaged in intrastate communication
for hire by wire or radio between two or more exchanges.
SECTION
1 - DEFINITIONS, Continued
Commission:
The Washington Utilities and Transportation
Commission
Company:
Legent
Communications Corporation d/b/a Long Distance America
("Long Distance America").
Customer:
The person, firm or corporation
which orders or uses service and, has agreed by signature or otherwise to honor
the terms of the service herein, and is responsible for the payment of rates
and charges for service to call customer locations and for compliance with
Price List regulations.
Disconnect or Disconnection:
The termination
of a circuit connection between the originating station and the called station.
Individual Case Basis:
A service arrangement in which the
regulations, rates and charges are developed based on the specific
circumstances of the case.
User:
An authorized
User, Customer, or Joint User at whose Premises the Company furnishes service.
"800" Number:
An interexchange service offered
pursuant to this tariff for which the called party is assigned a unique
800-NXX-XXXX or 888-NXX-XXXX or 877-NXX-XXXX number, or any other NPA, and is
billed for calls terminating at that number.
SECTION
2 – SERVICES, LOCATIONS, PRICES AND CHARGES
1. DESCRIPTION OF SERVICE
a. One Plus Service is a switched
access service, offering users outbound "1 plus" long distance
telecommunications services from points originating and terminating in the
State of Washington.
b. Timing of calls begins when the
called station is answered, as determined by standard industry methods
generally in use for ascertaining answer, including hardware answer supervision
in which the local telephone company sends a signal to the switch or the
software utilizing audio tone detection. The Company does not bill for
incomplete calls.
c. Unless
otherwise stated in this Price List, the minimum call duration for billing
purposes for switched access One Plus service is one (1) minute with one (1)
minute billing increments thereafter.
d. Any portion of an applicable
increment, after the appropriate minimum time for the call, will be rounded
upward to the next increment. Calls less than the minimum length will be
rounded to the minimum length.
SECTION
2 – SERVICES, LOCATIONS, PRICES AND CHARGES, Continued
2. LOCATION OF SERVICE
The Company will be providing
services throughout the State of Washington.
3. PRICES AND CHARGES
a. Switched Access Services
i. Long Distance America One Plus Service
|
Initial
Minute
|
Each
Additional Minute
|
|
$0.15
|
$0.15
|
ii. Long
Distance America Preferred Plus Service
|
Initial
Minute
|
Each
Additional Minute
|
|
$0.069
|
$0.069
|
SECTION
3 – RULES AND REGULATIONS
1. ADOPTION OF RULES OR
REGULATORY AUTHORITIES
a. The rules regulating Competitive
Classified Companies presubscribed by the Commission are adopted and by this
reference made a part of this Price List unless otherwise waived by order of
the Commission.
2. INTERCONNECTION
a. Interconnection with the
facilities or service of other carriers shall be under the applicable terms and
conditions of the other carrier’s tariffs. The Customer is responsible for
taking all necessary legal steps for interconnecting Customer-provided terminal
equipment or communications systems with carrier’s facilities. The Customer
shall secure all licenses, permits, right-of-way, and other arrangements
necessary for such interconnection. Any special interface equipment of
facilities necessary to achieve compatibility between the facilities of the
carrier and other participating carriers shall be provided at the Customer’s
expense.
SECTION
3 – RULES AND REGULATIONS,
Continued
3. APPLICATION FOR SERVICE
a. Application for service may be
made verbally or in writing. The name(s) of the Customer(s) desiring to use the
service must be set forth in the application.
b. Applications for service are
non-cancelable unless the Company otherwise agrees. Where the company permits
the Customer to cancel an application for service prior to the start of service
or prior to any special construction, no charges will be imposed except for
those specified below. Where the Company incurs any expense in connection with
special arrangement, or where special arrangements of facilities or equipment
have begun, before the company receives a cancellation notice, a charge equal
to the costs incurred, less net salvage, applies. In such cases the charge will
be based on such elements as the cost of the equipment, facilities, and
material, the cost of installation, engineering, labor, and supervision,
general and administrative expense, other disbursements, depreciation,
maintenance, taxes, provision for return on investment, and any other costs
associated with the special construction or arrangements.
c. The special charges described
above will be calculated and applied on a case-by- case basis.
4. DEPOSITS
a. The Company does not require
deposits or advance payments.
SECTION
3 – RULES AND REGULATIONS,
Continued
5. PAYMENT AND BILLING
a. Service is provided and billed
on a monthly basis in arrears.
b. Initial billing for set-up an
installation charge or monthly service fees will not commence for any new
Customer until the Customer has actually been placed in service.
c. Billing will be payable on
receipt and past due 15 days after issuance.
d. When service does not begin on
the first day of the month, or end on the last day of the month, the charge for
the fraction of the month service was furnished will be calculated on a pro
rata basis. For this purpose, every month is considered to have thirty (30)
days.
e. Company shall be entitled to
make a reasonable estimate of the Customer’s usage of services in the period in
question for billing purposes.
f. Customer is responsible for the
payment of all charges for facilities and services furnished to the Customer or
to authorized or joint users. Upon nonpayment of any sum due or upon a
violation of any of the conditions governing the furnishing of service, Company
may discontinue furnishing said service as provided for in WAC 480-120-081
without incurring any liability.
g. Customer shall be responsible
for the payment of all charges for service provided under this Price list,
including unauthorized charges placed from its equipment and which are
determined by Company to be within Customer’s control to prevent. Customer
shall be responsible for the payment of all excise,
sales, use or other similar taxes that may be levied by a governing body or
bodies in conjunction with or as a result of the service furnished under this
Price list.
h. A charge of $20.00 will apply
whenever a check or draft presented for payment of service is not accepted by
the institution on which it is written.
SECTION
3 – RULES AND REGULATIONS,
Continued
6. CANCELLATION OF SERVICE BY
CUSTOMER
a. Cancellation of service by the
Customer can be made by the Customer’s choice of a different presubscribed
carrier. Cancellation of service is applied pursuant to WAC 480-120-081(1) as
follows:
i. Where an application for service is
cancelled by the Customer prior to the start of any design work or installation
of facilities, no charge applies.
ii. When an application which
requires special design work is canceled after the design work has begun, the
Company may collect charges equal to the cost incurred for the associated
design work to date.
iii. If cancellation is requested
after completion of an installation, it will be treated as a discontinuance of
service. Any minimum contract requirements of prescribed service will be
applicable.
7. DISCONTINUANCE OF SERVICE BY
COMPANY
a. The Company may discontinue for
any of the following reasons:
i. Nonpayment of bills;
ii. Tampering with the Company’
property;
iii. Vacation of the premises by
Customer;
iv. Violation of rules, service
agreements, or filed price list;
v. Use of Customer equipment which
adversely affects the Company’s service to its other Customers.
vi. Fraudulent obtaining or use of
service;
vii. Unlawful use of service or use
of service for unlawful purposes.
SECTION
3 – RULES AND REGULATIONS,
Continued
7. DISCONTINUANCE OF SERVICE BY
COMPANY, Continued
b. Except in case of danger to life
or property, fraudulent use, impairment of service, or violation of law, the
Company will, prior to disconnection, mail written notice of the pending
disconnection to the Customer. The Company will not disconnect service prior to
the eighth business day following mailing of the notice. In the alternative,
the Company may provide delivered notice and disconnect not prior to 5:00 p.m.
of the next business day, in accordance with WAC 480-120-081(5).
c. Before service is disconnected,
the Company will make a good faith effort, by two attempts during reasonable
hours, to reach the Customer by telephone to advise the Customer of the pending
disconnection and the reasons therefore. The Company will maintain a log or
record of the attempts, showing the telephone number called and the time of
call. In the alternative, the Company may provide personal notice in accordance
with WAC 480-120-081(5).
Telephone or personal contact need
not be attempted when the Company has attempted such contact in any two billing
periods during a consecutive twelve-month period and the Company has notified
the Customer in writing that telephone or personal contact will not be
attempted in the future before disconnecting service.
d. All notices of delinquency or
pending disconnection will include details pertinent to the situation and
describe how the Customer can make contact with the Company to resolve any
differences. All notices must accurately state amounts owing for service(s)
which are subject to disconnection. A new notice will be required in cases
where information is incorrect.
e. Except in case of danger to life
or property, no disconnection shall be made on Saturdays, Sundays, legal
holidays, or on any other day on which the Company cannot reestablish service
on the same or following day.
f. When the Company has reason to
believe service is to other than the Customer of record, the Company shall
undertake reasonable efforts to inform occupants of the service address of the
impending disconnection. In this case, at the request of the service users, a
minimum period of five business days will be allowed to permit the service
users to arrange for continued service.
SECTION
3 – RULES AND REGULATIONS,
Continued
7. DISCONTINUANCE OF SERVICE BY
COMPANY, Continued
g. Where service is provided to a
hospital, medical clinic with resident patient, or nursing home, notice of
pending disconnection shall be provided to the secretary, Washington State
Department of Social and Health Services ("Department"), as well as
to the Customer. Upon request from the secretary of his designee, a delay in
disconnection of no less than five business days from the date of notice will
be allowed so that the Department may take whatever steps are necessary in its
view to protect the interests of the resident patients.
h. The Company may not immediately
disconnect service if the Customer has met the requirements of WAC
480-120-081(3) regarding a medical emergency.
i. Service will not be totally disconnected
while the Customer is pursuing any remedy or appeal provided for by Commission
rules, provided any amounts not in dispute are paid when due.
j. Service will be restored when
the causes of discontinuance have been removed and when payment or satisfactory
arrangements for payment of all proper charges due from the Customer has been
made as provided for in this Price List.
SECTION
3 – RULES AND REGULATIONS,
Continued
8. INTERRUPTION OF SERVICE
a. The company will follow the
Commission’s rules (WAC 480-120-520) in the case of major outage and/or service
interruption.
b. It is the obligation of the
Customer to notify the Company of any interruptions in service. Before giving
such notice, the Customer shall ascertain that the trouble is not being causes
by any action or omission of the Customer, not within the Customer’s control, or
is not in wiring or equipment connected to the terminal of the Company.
c. For the purpose of applying this
provision and section 17, the word "interruption" will mean the
inability to complete calls either incoming or outgoing or both due to
equipment malfunction or human errors. "Interruption" does not
include, and no allowance will be given for, service difficulties such as slow
dial tone, circuits busy or other network and/or switching capacity shortages.
d. All reported interruptions of
service will be restored within two working days, excluding Sundays and
holidays, except those caused by emergency situations, unavoidable catastrophes
and force majeure.
9. RESTORATION OF SERVICE
a. The use and restoration of
Service shall in all cases be in accordance with WAC 480-120-520.
b. When a Customer’s service has
been disconnected in accordance with this Price List and the service has been
terminated through the completion of a Company service order, service will be
restored only upon the basis of application for new service.
SECTION
3 – RULES AND REGULATIONS,
Continued
10. TAX ADJUSTMENT
a. The Company concurs with
the Municipal Utility Occupation tax schedules of each Local Exchange Company
Price List in the state of Washington to the extent those local taxes are both
current and applicable to the services the Company provides. This amount will
be listed as a separate line item on the Customer's bill.
b. In municipalities that impose a
utility occupation tax on gross revenues or gross income from the
"telephone business", but which exclude charges that are passed on to
Customers to compensate for the cost of the municipal tax, the effective rate
for billing will be the ordinance tax rate. This rate will be applied to the
telephone business revenues as defined in the ordinance.
c. In municipalities that impose a
utility occupation tax on gross revenues or gross income from the
"telephone business" and which do not exclude charges that are passed
on to Customers to compensate for the cost of the municipal tax, the effective
rate for billing will be determined by dividing the ordinance tax rate by one
minus the ordinance tax rate (R/(1-R)). The rate
determined will be applied to the telephone business revenues as defined in the
ordinance.
d. In municipalities that include
toll revenues within the definition of "telephone business", the
applicable effective rate for billing will be applied to 100 percent (unless a
lower percentage is specified in the ordinance) of the charges for sent-paid
and received-collect intrastate toll messages billed to Customers within these
municipalities.
e. In municipalities that impose a
tax on specific telephone company revenues, such as, but not limited to, toll
or miscellaneous revenues, the effective rate for billing will be equal to the
ordinance rate, or where miscellaneous revenues are taxed, the ordinance rate
divided by one, minus the ordinance rate (R/(1-R)).
The applicable billing rate will be applied to the specific telephone company
revenues enumerated in the ordinance, but will not be applied to any such
revenues that constitute "competitive telephone service" as defined
in RCW 82.16.010.
SECTION
3 – RULES AND REGULATIONS,
Continued
11. UNDERTAKING OF THE COMPANY
a. Company’s service consists of
any of the services offered pursuant to this Price List, either individually or
in combination. Each service is offered independent of the others, unless
otherwise noted. Service is offered via transmission facilities provided by
other certificated carriers.
b. Service is furnished for
telecommunications originating and terminating within the State of Washington under the
terms and conditions of this Price List
c. Company shall operate and
maintain Service provided hereunder in accordance with the terms and conditions
set forth in this Price List.
d. Service is available twenty-four
(24) hours per day, seven (7) days per week.
SECTION
3 – RULES AND REGULATIONS,
Continued
12. LIMITATIONS ON SERVICE
a. Service is offered subject to
the availability of the necessary facilities and subject to the provisions of
this Price List. The obligation of the Company to provide service is dependent
upon its ability to procure and maintain facilities which are required to meet
the Customer’s order for service.
b. Consistent with Commission
rules, Company reserves the right to discontinue furnishing Service, when
necessitated by conditions beyond its control as defined in WAC 4120-120-520,
when Customer is using Service in violation of the law or in violation of the
provisions of this Price List, or for non-payment of billed charges by
Customer.
c. Service may not be used for any
unlawful purpose or for any use as to which the Customer has not obtained all
governmental approvals, authorizations, licenses, consents and permits required
to be obtained by the Customer with respect thereto.
d. The Customer obtains no property
right or interest in the use of any specific type of facility, service,
equipment, telephone number, process or code. All rights, titles and interests
remain, at all times, solely with the Company.
e. The Customer shall not, without
prior written consent of the Company, which consent shall not be unreasonably
withheld, assign, transfer, or in any other manner dispose of, any of its
rights, privileges, or make obligations under this price sheet, and any attempt
to make such an assignment, transfer, disposition without consent shall be null
and void. In the event of such transfer or assignment, all regulations and
conditions contained in this Price List, as well as all conditions for Service,
shall apply to the assignee(s) or transferee(s).
f. Company may, without obtaining
any further consent from the Customer, assign any rights, privileges, or
obligations under this Price List.
SECTION
3 – RULES AND REGULATIONS,
Continued
12. LIMITATIONS ON SERVICE, Continued
g. 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.
h. The Company reserves the right
to classify service as business or residential. The Company may, at its
discretion, levy charges for services which have been misclassified.
j. The Company may, upon reasonable
notice, make such tests and inspections as may be necessary to determine
whether the terms and conditions of this Price List are being complied with in
the installation, operation or maintenance of the Customer’s or the Company’s
facilities or equipment.
k. The Company may require a
Customer to immediately shut down its transmission of signals if said
transmission is causing interference to others.
l. A Customer may not use the
services so as to interfere with or impair service over any facilities and
associated equipment, or so as to impair the privacy of any communications over
such facilities and associated equipment.
m. Customer use of any resold
service obtained from other service providers shall also be subject to any
applicable restrictions in the underlying providers’ publicly available price
sheets.
n. A Customer, joint user, or
authorized user shall not represent that its services are provided by the
Company, or otherwise indicate to its Customers that its provision of services
is jointly with the Company, without the written consent of the Company. The
relationship between the Company and Customer shall not be that of partners or
agents for one or the other, and shall not be deemed to constitute a
partnership or agency agreement.
SECTION
3 – RULES AND REGULATIONS,
Continued
13. LIMITATIONS ON LIABILITIES
a. The Liability of Company for
damages arising out of mistakes, interruptions, omissions, delays, errors or
defects occurring in the course of establishing, furnishing, rearranging,
changing, or terminating Service under this Price List, and not caused by the
failure or negligence of Customer, shall in no event exceed the amounts
specified in this Price List for Service interruptions. No other liability in
any event shall attach to Company.
b. Company shall not be liable for
any act or omission of any other entity furnishing equipment, facilities or
service to Customer, nor shall Company be liable for any damages or losses due
to the failure or negligence of Customer due to the failure of
Customer-provided equipment or facilities.
c. Company shall be indemnified and
held harmless by the Customer against claims for libel, slander, infringement
of copyright or unauthorized use of any trademark, trade name or service mark
arising out of the material, data, information or other content transmitted
over Company’s facilities, and for claims for patent infringement arising from
combining or connecting Company’s facilities with apparatus and systems of the
Customer.
d. Company shall not be liable for,
and the Customer indemnifies and holds harmless from, any and all loss claims,
demands, suits or other action or liability whatsoever, whether suffered, made,
instituted or asserted by the Customer or by any other party or person, for any
personal injury to, death of any person or persons and for any loss, damage,
defacement or destruction of the premises of the Customer or any other
property, whether owned by the Customer or by others, caused or claimed to have
been caused directly or indirectly by the installation, operation, failure to
operate, maintenance, removal, presence, condition, location or use of
equipment or wiring provided by Company where such installation, operation, failure
to operate, maintenance, condition, location or use is not the direct result of
Company’s negligence.
SECTION
3 – RULES AND REGULATIONS,
Continued
14. EQUIPMENT AND FACILITIES
a. The Company will not be
responsible for the installation, operation or maintenance of any
Customer-provided communications equipment. Where Customer-provisioned
equipment is connected to the facilities furnished under this Price List, the
responsibility of the Company will be limited to the furnishing of facilities
offered pursuant to this Price List. Beyond this responsibility, the Company
will not be responsible for:
i. The transmission of signals by
Customer-provided equipment or for the quality of, or defects in, such
transmission; or
ii. The reception of signals by
Customer-provided equipment; or
iii. Network control signaling when
performed by Customer-provided network control signaling equipment.
b. The Customer, authorized user,
or joint user is responsible for ensuring that Customer-provided equipment
connected to Company equipment and facilities is compatible with such Company
equipment and facilities. The magnitude and character of the voltages and
currents impressed on company provided equipment and wiring by the connection,
operation, or maintenance of such equipment and wiring shall be such as not to
cause damage to the company provided equipment and wiring or injury to the
Company’s employees or to other persons. Customer will submit to Company a
complete manufacturer’s specification sheet for each item of equipment that is
not provided by the company and which shall be attached to the Company’s
facilities. The Company shall approve the use of such item(s) of equipment
unless such item is technically incompatible with Company’s facilities. Any
additional protective equipment required to prevent such damage or injury shall
be provided by the Company at the Customer’s expense.
SECTION
3 – RULES AND REGULATIONS,
Continued
14. EQUIPMENT AND FACILITIES, Continued
c. Any special interface equipment
necessary to achieve compatibility between the facilities and equipment of the
company used for furnishing service and the channels, facilities, or equipment
of others shall be provided at the Customer’s expense.
d. Company’s service may be
connected to the services or facilities of other communications carriers only
when authorized by, and in accordance with, the terms and conditions of the
price sheets of the other communications carrier(s) which are applicable to
such connections.
15. SHORTAGE OF EQUIPMENT OR
FACILITIES
a. The furnishing of service under
this Price List is subject to the availability on a continuing basis of all the
necessary facilities and is limited to the capacity of facilities the company
may obtain from other carriers to furnish service.
SECTION
3 – RULES AND REGULATIONS,
Continued
16. DISPUTED BILLS
a. Billing disputes should be
addressed to Company’s customer service organization. The address and telephone
number of Company’s customer service organization is:
Legent Communications Corporation
d/b/a Long Distance America
P.O.
Box 50008
Irvine, California
92619-0008
Telephone: 866.469.0829
b. Company shall promptly
investigate all disputed charges and shall report its findings and disposition
to Customer. Nothing in this Section limits Customer’s rights as provided by
statute to contest charges.
c. The Customer may dispute a bill
only by written notice to the carrier delivered within 180 days after the
statement date. Unless such notice is received in the timely fashion indicated
above, the bill statement shall be deemed to be correct and payable in full by
the Customer. If the Customer is unable to resolve any dispute with the
Company, then Customer may request information or assistance from the
Commission.
The address and telephone numbers
of the Commission are:
Washington Utilities and Transportation Commission
P.O.
Box 47250
1300
South Evergreen Park Drive S.W.
Olympia, Washington
98504-7250
Telephone: (800) 562-6150 (toll
free)
(360) 753-6423/ (360) 586-8203
(TDD)
SECTION
3 – RULES AND REGULATIONS,
Continued
17. ALLOWANCES FOR SERVICE
INTERRUPTION
a. Interruptions in service, which
are not due to the negligence of, or non-compliance with the provisions of this
price sheet by, the Customer or of an authorized or joint user, or to the
operation or malfunction of the facilities, power or equipment provided by the
Customer or authorized or joint user, will be credited to the Customer for the
part of the service that the interruption affects.
b. It shall be the obligation of the
Customer to notify Company of any interruptions of service. Before giving such
notice, the Customer shall ascertain that the trouble is not being caused by
any action or omission of the Customer, not within the Customer’s control.
c. A credit allowance will be given
in compliance with WAC 480.120.520. Credit allowances are given on a per line
basis for any period during which any line subscribed to by the Customer
hereunder and/or, if applicable, company-provided station equipment attached
thereto is out of service, except as specified below. Out of service conditions
are defined as complete loss of call origination and/or receipt capability.
Credit allowances, if any, shall be deducted from the charges payable by the
Customer hereunder and shall be expressly indicated on the next bill to the
Customer. An interruption period begins when the Customer reports a malfunction
in service to the company. The malfunction period ends when the affected line
and/or associated station equipment is fully operative.
d. Credit Allowances do not apply
to interruptions:
i. Caused by the Customer; or
ii. Due to failure of power or
equipment provided by the Customer or others; or
iii. During any period in which the
Company is not given access to the service premises; or
iv. Due to scheduled maintenance and repair.
SECTION
3 – RULES AND REGULATIONS,
Continued
17. ALLOWANCES FOR SERVICE
INTERRUPTION, Continued
e. Interruptions of 24 Hours or
less are credited a portion of daily per line charge according to the following
schedule:
Length of Service Interruption Credit
Less than 4 hours: None
4 hours up to but not
including 8 hours: 1/3 of day
8 hours up to but not
including 12 hours: 1/2 of day
12 hours up to but not
including 16 hours: 2/3 of day
16 hours up to but not including 24
hours: One day
Two or more service interruptions
of the same type to the same line/equipment of 2 hours or more during any one
twenty-four hour period shall be considered as one interruption. In no event
shall such interruption credits for any one line/equipment exceed one day’s
fixed recurring charges for such line/equipment in any 24 hour period.
Service interruptions over 24 hours
will be credited 4 hours for each 4 – hour period or fraction thereof. No more
than one full day’s credit will be allowed for any period of 24 hours.
SECTION
3 – RULES AND REGULATIONS,
Continued
17. ALLOWANCES FOR SERVICE
INTERRUPTION, Continued
f. No credit allowance will be made
for:
i. Interruptions due to the negligence of, or
non-compliance with the provisions of this price sheet by, the Customer,
authorized user, joint user, or other common carrier providing service
connected to the service of the Company; or
ii. Interruptions of service due to
the failure or malfunction of facilities, power or equipment provided by the
Customer, authorized user, joint user, or other common carrier providing
service connected to the service offered by the Company; or
iii. Interruptions of service
during any period in which the Company is not given access to the premises at
which the Company provided service is interrupted or terminated; or
iv. Interruptions of service that
occur or continue due to the Customer’s failure to authorize replacement of any
element of special construction; or
v. Interruptions of service during
any period when the Customer, authorized user, or joint user has released
service to the Company for maintenance purposes or for implementation of a
Customer order for a change in service arrangements.
SECTION
3 – RULES AND REGULATIONS,
Continued
18. OBLIGATIONS OF CUSTOMER
a. Customer shall be responsible
for the payment of all charges for service provided under this Price List, and
for payment of all excise, sales, use or other similar taxes that may be levied
by a governing body or bodies in conjunction with or as a result of the service
furnished under this Price List.
b. Customer shall notify the
Company of any interruption in service. Before giving notice, the Customer
shall ascertain that the trouble is not being caused by action or omission of
the subscriber, not within his control or is not in wiring or equipment annexed
to the Company's terminal.
i. Customer is responsible for fault
trouble-shooting and isolation of premise equipment and transmission signals
and quality. Customer shall be liable to Company for the payment of a service
charge for trouble-shooting and fault isolation for costs resulting from
Company identification of a customer equipment malfunction that was reported by
Customer as a service error, or fault, or where the Customer's equipment
malfunction created a degradation of network facilities or service regardless
of who identifies the trouble.
c. Customer shall comply with
minimum protective criteria, as may be prescribed by the Company to protect
equipment and facilities.
d. Customer shall be responsible
for ensuring the Customer-provided signals will not result in interference with
any of the services provided by Company. All signals must be of the proper
type, bandwidth and other technical parameters, so as not to damage the
Company's equipment or degrade service to other subscribers. It shall be the
subscriber's responsibility to provide adequate electrical power, wiring and
electrical outlets necessary for the proper operation of the Company's equipment
on their premise.
SECTION
3 – RULES AND REGULATIONS,
Continued
18. OBLIGATIONS OF CUSTOMER, Continued
e. Upon notice from the Company
that the equipment or facilities of the Customer, or of others so authorized to
be connected, is causing or is likely to cause hazard or interference, the
Customer, or others so authorized to be connected, shall make such changes as
may be necessary to remove or prevent such hazard or interference.
f. Customer shall be responsible
for obtaining all necessary permits, licenses, variances and other
authorizations required by the state and local authorities for installation and
operation of Customer-provided equipment or facilities for connection with
Company's equipment or facilities on the Customer’s property.
g. Customer shall make available
entry to its premises for Company’s employees, agents or contractors at any
reasonable hour for the purpose of installing, inspecting, or repairing
equipment or service, or, upon termination of service, removing the Company's
equipment.
h. No Customer or authorized user
may assign or delegate its responsibilities, duties, rights or obligations
under this Price List to any person, corporation, or other entity without the
express, written approval of Company; provided, however, that Customer may,
without Company's approval, assign or delegate such responsibilities, duties,
rights, or obligations to any subsidiary or affiliated organization or to any
successor organization.
SECTION
3 – RULES AND REGULATIONS,
Continued
19. UNIVERSAL SERVICE FUND
a. The Company will be responsible
for all applicable Universal Service Fund ("USF") requirements as set
forth by the Commission.
20. GOVERNMENTAL AUTHORIZATIONS
The provision of Company’s services
is subject to and contingent upon the Company obtaining and retaining such
approvals, consents, governmental authorizations, licenses and permits, as may
be required or be deemed necessary by the Company. The Company shall use
reasonable efforts to obtain and keep in effect all such approvals, consents,
authorizations, licenses and permits that may be required to be obtained by it.
The Company shall be entitled to take, and shall have no liability whatsoever
for, any action necessary to bring the services into conformance with any
rules, regulations, orders, decisions, or directives imposed by the Federal
Communications Commission or other applicable agency, and the Customer shall
fully cooperate in and take such action as may be requested by the Company to
comply with any such rules, regulations, orders, decision, or directives.
21. FULL FORCE AND EFFECT
Should any provision or portion of
this Price List be held by a court or administrative agency of competent
jurisdiction to be illegal, invalid or unenforceable, the remaining provisions
of this Price List will remain in full force and effect.
22. PROMOTIONS
The Company may, from time to time,
engage in special promotions of new or existing service offerings of limited
duration designed to attract new customers or to increase existing Customer
awareness of a particular offering. The promotional offerings are subject to
the availability of the services and may be limited to a specific geographical
area or to a subset of a specific market group; provided, however, all
promotional offerings shall be offered in accordance with applicable Commission
rules or regulations.
SECTION
3 – RULES AND REGULATIONS,
Continued
23. INDIVIDUAL CASE BASIS (ICB)
ARRANGEMENTS
a. Arrangements will be developed
on a case-by-case basis in response to a bona fide request from a Customer or
prospective Customer to develop a competitive bid for a Service offered under
this Price list. Rates quoted in response to such competitive requests may be
different than those specified for such services in this Price list. ICB rates
will be offered to the Customer in writing and on a non-discriminatory basis.
b. All volume plans and/or terms
plans in excess of 1 year will be priced on an Individual Case Basis (ICB).