General Terms and Conditions
Terms and Abbreviations
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ACF
– Advanced Communication
Function of software allowing products to communicate with each other. |
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Acceptance
Testing – Normal testing
procedures by which a circuit is deemed ready for service. |
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Additional
Engineering Charges – Charges
applicable for engineering services done outside the normal engineering
parameters. Any charge incurred
will be presented to the Customer before actual billing of charge. |
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Administrative
Charge – The charge Customers
are assessed for the provisions of administrative services by the Company,
including the consolidation of billings and financing. |
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Authorized
User – A carrier, person,
firm, partnership, corporation or other entity who is authorized by the
Customer to be connected to and utilize the CarrierÕs services under the
terms and regulations of this tariff.
The Authorized User is responsible for payment unless the charges for
the services utilized are accepted and paid for by the Customer. |
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Bandwidth – The total line rate, expressed in bits per
second; and allocated for a circuit which provides the path for transmission
of voice, data, and/or video to or from the CustomerÕs premises. |
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Circuit
or Channel – The unit of
bandwidth utilization for any given speed of service. |
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Channel
Mileage – Distance calculated
between two Company Points of Presence. |
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Channel
Mileage Termination – The
point at which the CompanyÕs channel originates, terminates or drops for the
insertion or removal of a CustomerÕs signal. |
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Commission – Refers to the Public Utilities Commission
of Ohio. |
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Company
or Carrier – Independents
Fiber Network, LLC unless otherwise clearly indicated by the context. |
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Cooperative
Acceptance Testing – Joint
Acceptance Testing by both the Company and the Customer. |
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Customer – A person, firm, partnership, corporation or
other entity which arranges for the Carrier to provide, discontinue or
rearrange telecommunications services on behalf of itself or others; uses the
CarrierÕs telecommunications services; and is responsible for payment of
charges, all under the provisions and terms of this tariff. |
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Duplex – An operation which permits Customers to
communicate in both directions simultaneously. |
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Expedited
Service Order – A Service
Order which, in compliance with a CustomerÕs request, is completed in a time
period shorter than the CompanyÕs standard service interval. |
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ICB – Individual Case Basis. |
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IFN
– Used throughout this tariff
to refer to Independents Fiber Network, LLC. |
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Kbps – One thousand bits per second. |
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LATA – Local Area of Transport and Access. |
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LDC
– Local Distribution Channel. |
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LEC – Local Exchange Carrier. |
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Mbps – One million bits per second. |
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POP – Point of Presence; the facility of any
carrier which allows origination or termination of communications services. |
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PUCO – The Public Utilities Commission of Ohio. |
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Service
Order – A standard Company
order form which includes all pertinent billing, technical and descriptive
information which will enable the Company to provide the communication
services or facilities, or both, as requested by the Customer and as provided
by the Company. |
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Term
Agreement – A standard
Company contract with the Customer in which the Customer commits to purchase
service from the Company for a specified period of time. The minimum period of service for a
Term Agreement is twelve (12) months. |
Terms and Conditions
The Company provides long
distance interexchange telecommunications service to Customers for their direct
transmission of voice, data and other types of telecommunications.
The Company may act as the
CustomerÕs agent for ordering access connection facilities provided by other
carriers or entities when authorized by the Customer, to allow connection of a
CustomerÕs location to the CompanyÕs network. The Customer shall be responsible for all charges due for
such service arrangements.
The CompanyÕs services are
provided on a monthly basis, unless otherwise stated in this tariff. Services are available twenty-four (24)
hours per day, seven (7) days per week.
Use
Services provided the Company may be used by the Customer for any lawful telecommunications purpose for which the service is technically suited.
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.
The Company may require
Customers for service who intend to use the CompanyÕs offerings for resale,
shared and/or joint use to file a letter with the Company confirming that their
use of the CompanyÕs offerings complies with relevant laws and the PUCO
regulations, policies, orders, and decisions.
Limitations
Service is offered subject to
the availability of the necessary facilities and equipment, or both facilities
and equipment, and subject to the provisions of these General Terms and
Conditions.
The Company shall not be responsible for installation, operation or maintenance of any terminal equipment or communications systems provided by a Customer or Authorized User. The CompanyÕs service is not represented as adapted to the use of such Customer equipment. The responsibility of the Company shall be limited to the furnishing of service and to maintenance and operation of such service. The furnishing of service will require certain physical arrangements of the facilities of the Company and is, therefore, subject to the availability of such facilities. Service is offered subject to the availability of the necessary facilities and/or equipment and is limited to the capacity of the CompanyÕs fiber optic cable facilities as well as facilities the Company may obtain from other carriers to furnish service from time to time as required at the sole discretion of the Company and further subject to the provisions of these General Terms and Conditions. The Company reserves the right not to provide service to or from a location where the necessary facilities or equipment are not available.
The Company reserves the
right to discontinue service when necessitated by conditions beyond its
control, or when the Customer is using the service in violation of the
provisions of these General Terms and Conditions, or in violation of the law.
The Company does not
undertake to transmit messages, but offers the use of its facilities when available,
and will not be liable for errors in transmission or for failure to establish
connections.
The Company reserves the
right to limit or to allocate the use of existing facilities, or of additional
facilities offered by the Company, in accordance with Commission rules and
regulations. The Company may also, without obtaining the further
consent from the Customer, assign any rights, privileges, or obligations under these General Terms and
Conditions. 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 obligations under these General Terms and
Conditions, and any attempt to make such an assignment, transfer, disposition
without consent shall be null and void.
To the extent that any
conflict arises between the terms and conditions of a service agreement or
other contract and the terms and conditions of these General Terms and
Conditions, these General Terms and Conditions shall prevail.
Title to all equipment
provided by the Company under these General Terms and Conditions remains with
the Company.
The Company may require a
written contract with the Customer prior to providing service.
The Customer, upon request,
shall furnish such information as may be required to permit the Company to
design and maintain the Company services it offers and to assure that the
service arrangements is in accordance with provisions of these General Terms
and Conditions and the contract entered into between the Customer and the
Company.
Title to all facilities
provided by the Company under these regulations remains with the Company.
Assignment and Transfer
All facilities provided under
these General Terms and Conditions are directly or indirectly controlled by the
Company and the Customer may not transfer or assign the use of service or
facilities without the express written consent of the Company. All regulations and conditions
contained in these General Terms and Conditions shall apply to all such
permitted assignees or transferees, as well as all conditions of service. Such transfer or assignment, when
permitted, shall only apply where there is no interruption of the use or
location of the service or facilities.
The Customer may request the
Company to assign one or more sub-accounts for billing purposes, and to direct
sub-account invoices to the CustomerÕs affiliates or other designated entities
for payment. Such requests shall
not affect the liability of the Customer, who shall remain solely liable to the
Company for payment of all invoices for service requested and obtained by the
Customer, whether invoiced by the Company to the Customer, the CustomerÕs
affiliates, or other designated entities.
Liability of the Company
The CustomerÕs remedy for any
damages, claims or causes of action arising out of mistakes, interruptions,
omissions, delays, errors, or defects in transmission which occur in the course
of furnishing service or facilities, shall be the credits to the Customer
provided in Section ŌRefunds or Credits for Service Outages or
InterruptionsĶ. Except as set
forth above, the Company shall not be liable for any direct, indirect,
consequential, special, actual, punitive or any other damages, or business interruption,
or for any lost profits of any kind or nature whatsoever arising out of any
defects or any other cause. In the
event of an interruption in service or any defect in the service whatsoever,
neither the Company nor any affiliated or unaffiliated third party provider or
operator of facilities employed in the provision of the service shall be liable
for any direct, indirect, consequential, special, actual, punitive or any other
damages, or for any lost profits of any kind or nature whatsoever. Moreover, any such mistakes, omissions,
interruptions, delays, errors, or defects in transmission or service, which are
caused or contributed to by the negligence or willful act of the Customer or
Authorized User, or which arise from the use of Customer-provided facilities or
equipment shall not result in the imposition of any liability whatsoever upon
the Company.
The Company shall not be
liable for any claim or loss, expense or damage (including indirect, special or
consequential damage), for any interruption, delay, error, omission, or defect
in any service, facility or transmission provided under these General Terms and
Conditions, if caused by any person or entity other than the Company, by any
malfunction of any service or facility provided by any other carrier, by an Act
of God, fire, war, civil disturbance, or act of government, or by any other
cause beyond the CompanyÕs direct control.
Indemnification – The CompanyÕs liability, if any, for its
gross negligence or willful misconduct is not limited by these General Terms
and Conditions. With respect to
any other claim or suit by a Customer or by any others, the Customer
indemnifies and saves harmless the Company against claims, losses or suits for
injury to or death of any person, or damage to any property which arises from
the use, placement or presence of the CompanyÕs equipment, facilities and
associated wiring of the CustomerÕs premises and further the Customer
indemnifies and saves harmless the Company against claims for libel, slander,
invasion of privacy or the infringement of copyright arising directly or
indirectly from the material transmitted over the facilities of the Company or
the use thereof by the Customer; against claims for infringement of patents
arising from combining with or using in connection with, facilities furnished
by the Company and apparatus, equipment and systems provided by the Customer;
and against all other claims arising out of any act or omission of the Customer
in connection with the services or facilities provided by the Company. No agents or employees of other
carriers shall be deemed to be agents or employees of the Company.
Defacement of premises: No
liability shall attach to the Company by reason of any defacement or damage to
the CustomerÕs premises resulting from the existence of the CompanyÕs equipment
or facilities on such premises, or by the installation or removal thereof, when
such defacement or damage is not the result of the negligence of the Company or
its employees.
The Company is not liable for
any act or omission of any other entity furnishing a portion of the service or
any acts or omission of the Customer.
Service furnished by the
Company may be interconnected with the services or facilities of other carriers
or private systems. However,
service furnished is provided solely by the Company and is not a joint
undertaking with other parties.
The Company shall not be
liable for any claim, loss, or refund as a result of loss or theft of Personal
Identification Numbers issued for use with the CompanyÕs services.
The Company shall not be
liable for any damages, including usage charges, that the Customer may incur as
a result of the unauthorized use of authorization codes or communications
equipment. The unauthorized use of
communications equipment includes, but is not limited to, the placement of
calls from the CustomerÕs premises, and the placement of calls through
equipment controlled and/or provided by the Customer that are transmitted over
the CompanyÕs network without the authorization of the Customer. The Customer shall be fully liable for
all such usage charge.
The Company shall not be
liable for the claims of vendors supplying equipment to Customers of the
Company which may be installed at premise of the Company; nor shall the Company
be liable for the performance of said vendor or vendorÕs equipment.
THE COMPANY MAKES NO
WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY
OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, EXCEPT THOS
EXPRESSLY SET FORTH HEREIN, OR THROUGH A CONTRACT ON FILE AND APPROVED BY THE
PUCO.
Minimum Service Period
The Minimum Service Period
for which services are provided by the Company to the Customer and for which
rates and charges are applicable is one ( 1 ) month unless otherwise specified
in these General Terms and Conditions or by mutually agreed upon contract or
Term Agreement between the Customer and the Company. For the purpose of determining charges for a fractional part
of a month, every month is considered to have thirty (30) days.
Commencement of Service
A prospective Customer
desiring service form the Company shall enter into a written contract with the
Company specifying the services to be provided by the Company and the terms and
conditions applicable thereto. The
Company will not provide services to the Customer until such a contract has
been executed. Such contracts will
be filed with and approved by the Commission.
Customer Responsibility
All Customers assume general
responsibilities in connection with the provision and use of the CompanyÕs
service. When facilities,
equipment, and/or communication systems provided by others are connected to the
CompanyÕs facilities, the Customer assumes additional responsibilities. All Customers are responsible for the
following:
Placing orders for service, paying all charges for service rendered by the Company and complying with all of the CompanyÕs regulations governing the service. The Customer is also responsible for assuring that its Authorized Users comply with regulations.
Ensuring
compatibility of equipment and systems provided by the Customer or Authorized
User with the interface equipment provided and/or sanctioned by the Company.
Damage
to facilities of the Company caused by the negligence or willful act of the
Customer or Authorized User. The
Customer shall shut down its transmission signals, if the Company determines
that said transmission is causing interference to others.
Reimbursing
the Company for any loss occasioned by the theft of the CompanyÕs facilities
installed on the CustomerÕs or Authorized UserÕs premises.
The
provision of the power required to operate the CompanyÕs facilities installed
on the CustomerÕs or Authorized UserÕs premises.
The provision,
installation and maintenance of sealed conduit with explosive-proof fittings
between equipment furnished by the Company in explosive atmosphere and points
outside the hazardous area where connection may be made with the facilities of
the Company. The Customer may be
required to install and maintain the CompanyÕs equipment within the hazardous
area if, in the opinion of the Company, injury or damage to its employees or
property might result from installation or maintenance by the Company.
Obtaining
permission for the CompanyÕs agents or employees to enter the premises of the
Customer or Authorized User at any reasonable hour for the purpose of
installing, inspecting, repairing, or upon termination of the service, removing
the facilities and equipment of the Company.
Making
the CompanyÕs service components and equipment available periodically for
maintenance purposes at a time agreeable to both the Company and the Customer,
and providing for reasonable access to those facilities and equipment.
All
actions or omissions of a person, firm or corporation appointed by the Customer
as its agent. Any limitations of
any agentÕs authority shall not be binding on the Company.
Any
breach of the terms and conditions contained in these General Terms and Conditions
or in the contract between the Customer and the Company governing service.
The
Customer shall arrange access to any of the rights-of-way, conduit and
equipment space starting at and from the point of entry to the CustomerÕs
location to the termination point where service is finally delivered to the
Customer at any time so that the CompanyÕs authorized personnel, employees, or
agents may install, repair, maintain, inspect, replace or remove any and all
facilities and associated equipment provided by the Company. Access to such sites shall be made
available at a time mutually agreeable to the Customer and the Company. The Customer acknowledges that, when
repair work is required to restore services after interruption, it may be
necessary to provide the access on a twenty-four hour, seven day a week
basis. The Company shall also have
the right to obtain access to the cable installed in the Customer provided
conduit at any splice or junction box.
No credit allowance will be made for the period during which service is
interrupted for such purposes.
The
Customer shall provide the necessary equipment space, conduit, electrical power
and suitable environmental conditions required to provide the services, as
specified by the Company, at each Customer termination point, without charge or
cost to the Company. The Customer
agrees to take good care of premises equipment and building wiring provided by
the Company as part of the services.
The Customer agrees to return such equipment and wiring to the Company
at the expiration of the applicable terms in its original condition, ordinary
wear and tear excepted. The
Customer shall bear the risk of any loss or damage to the CompanyÕs equipment
or wiring located in the CustomerÕs premise, except where such loss or damage
is caused by the Company. The
Customer shall be responsible for insuring that the equipment, wiring, space
and associated facilities, conduit and rights-of-way are protected against
fire, theft, vandalism or other casualty, and that the use thereof complies
with the applicable laws, rules and regulations and with all applicable lease
or other contractual agreements.
The Company shall install such wiring and equipment as reasonably
directed by the Customer to comply with lease or other contractual obligations
to which the Customer is a party.
The Customer is responsible
for payment of all charges for services and equipment furnished to the Customer
for transmission of calls via the Company. In particular and without limitation to the foregoing, the
Customer is responsible for any and all cost(s) incurred as the result of:
any
delegation of authority resulting in the use of his or her communications
equipment and/or network services which result in the placement of calls via
the Company;
any
and all use of the services provided by the Company, including calls which the
Customer did not individually authorize;
any
calls placed by or through the CustomerÕs equipment via any remote access
feature(s);
Charges for installations,
service connections, moves and rearrangements are payable upon demand to the
Company or its authorized agent.
Billing thereafter will include recurring charges and actual usage as
defined in these General Terms and Conditions.
Disputed Charges
Any objections to billed
charges must be reported to the Company or its billing agent in writing within
a reasonable time frame of the closing date printed on the invoice or statement
issued to the Customer. Adjustments
to the CustomerÕs account shall be made to the extent that circumstances exist
which reasonably indicate that such changes are appropriate.
Customers should direct
disputes to IFN, 13888 County Road 25A, Wapakoneta, Ohio 45895 or call IFN
toll-free at 1-800-634-4032.
Additionally, customers may contact the PUCO Public Interest Center at
180 East Broad Street, Columbus, Ohio, 43215 or may call the PUCO toll-free at
1-800-686-7826.
Taxes and Fees
To the extent that a
municipality, other political subdivision or local agency of government, or commission
imposes and collects from the Company a gross receipts tax, occupation tax,
license tax, permit fee, franchise fee, or regulatory fee, such taxes and fees
shall, as allowed by law, be billed pro rata to the Customer receiving service
from the Company within the territorial limits of such municipality, other
political subdivision or local agency of government.
Service shall not be subject
to taxes for a given taxing jurisdiction if the Customer provides the Company
with written verification, acceptable to the Company and to the relevant taxing
jurisdiction, that the Customer has been granted a tax exemption.
The Company may adjust its
rates or impose additional rates on it Customer to recover amounts it is
required by governmental or quasi-governmental authorities to collect from or
pay to others. The Company may
also adjust its rates or impose additional rates to cover the administrative
cost of collecting such charges or paying compensation to other entities. Examples of such programs include, but
are not limited to, the Universal Service Fund (USF), the Presubscribed
Interexchange Carrier Charge (PICC), and compensation to pay telephone service
providers for the use of their pay telephones to access the CompanyÕs services.
The Company shall not assess
separately any fees or surcharges, other than government approved sales taxes,
without first seeking Commission approval under the appropriate procedures
required by the Commission.
Late Payment Fees
A late payment fee of 1.5%
per month will be charged on any past due balance. Any applicable late payment fees will be assessed according
to the terms and conditions of the Company or its billing agent and pursuant to
Ohio state law.
Return Check Charge
Customers will be charged
$20.00 on all checks issued to the Company which are returned due to
insufficient funds. At the
discretion of the Company, the insufficient funds check charge may be waived
under appropriate circumstances (e.g., a bank error).
Deposits
New customers for service or
existing Customers may be required to establish creditworthiness. The Company will utilize the Individual
Service History Method for calculating deposits. A deposit does not relieve the Customer of the
responsibility for prompt payment of bills on presentation.
When a service or facility is
discontinued, the amount of a deposit, if any, will be applied to the
CustomerÕs account and any credit balance remaining will be refunded, assuming
no breach of a Term Agreement exists.
Before the service or facility is discontinued, the Company may return
the deposit or credit it to the CustomerÕs account, at the CustomerÕs option.
Deposits held by the Company
will accrue interest in accordance with Commission Rules and Ohio law.
Deposits and interest accrued
to date will be refunded or released within thirty (30) days after
disconnection of service or after twelve (12) consecutive months of service
without the Customer having had service discontinued for non-payment, and
without the Customer having had more than two (2) occasions on which the bill
was not paid by the time specified for prompt payment, and the Customer is not
then delinquent in the payment of the bill. The deposit will be applied as a credit to final payment(s)
assuming no breach of a Term Agreement exists.
Cancellation of Service by
Customer
Cancellation of
Application for Service: When a Customer cancels 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 has notified a Customer or prospective Customer of the possibility
that special expenses may be incurred in connection with provisioning the
customerÕs service, and then the Company does incur such expenses. Expenses could include special
construction, or where special arrangements of facilities or equipment have
begun before the Company received a cancellation notice. The charge will be equal to the costs
actually incurred, less net salvage.
Cancellation Prior to
Expiration of Term: If a Customer cancels service prior to
the completion of the Term Agreement for any reason whatsoever, the Customer
agrees to pay the Company the following sums, which shall become due and owing
as of the effective date of cancellation or termination and be payable within
thirty (30) days:
All
Non-Recurring Charges reasonably expended by the Company to establish service
to the Customer, plus
Any
disconnection, early cancellation or termination charges reasonably incurred by
the Company or paid to third parties by the Company on behalf of the Customer,
plus
All
Recurring Charges specified in the applicable Service Order and these General
Terms and Conditions for the balance of the then current terms.
Refunds or Credits for
Service Outages or Interruptions
An interruption period begins
when the Customer reports a service, facility or circuit to be inoperative and,
if necessary, releases it for testing and repair. An interruption period ends when the service, facility or
circuit is operative. Credits for
service outages or interruptions are subject to the regulations listed below.
If the Customer reports a
service, facility or circuit to be interrupted but declines to release it for
testing and repair, or refuses access to its premises for testing and repair by
the Company, the service, facility or circuit is considered to be impaired but
not interrupted. No credit
allowances will be made for a service, facility or circuit considered by the
Company to be impaired.
It shall be the obligation of
the Customer to notify the Company immediately of any interruption in service
for which a credit allowance is desired by the Customer. Before giving such notice, the Customer
shall ascertain that the trouble is not within his or her control, or is not in
wiring or equipment, if any, furnished by the Customer.
The Customer shall be
responsible for the payment of service charges based upon time and materials
for visits by the CompanyÕs 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.
For purposes of credit
computation, every month shall be considered to have seven hundred and twenty
(720) hours. For services with a
monthly recurring charge, no credit shall be allowed for an interruption of
continuous duration of less than four (4) hours. The Customer shall be credited for an interruption of four
(4) or more hours at the rate of 1/720th of the monthly charge for
the services affected for each hour that the interruption continues. The formula used for computation of
credits is as follows:
Credit
= A/720 x B
A =
Outage Time in Hours (Must be 4 or more)
B =
Total Monthly Recurring Charge for affected service
Cancellation or
Termination of Service by Company
For nonpayment: The Company may terminate service to a Customer for nonpayment of undisputed charges upon sending written notice of disconnection, which must be postmarked at least seven (7) days prior to the date of disconnection of service, to the Customer without incurring any liability for damages due to loss of telephone service to the Customer. The Company shall not disconnect service sooner than fourteen (14) days after the due date on the bill.
Continuation of Service
For Month-to-Month
Customers: Service will continue on a month-to-month basis until such
time as the Customer cancels service or until such time as the Company
discontinues service in accordance with the rules as outlined in this tariff.
For Term Agreement
Customers: Service will continue in accordance with the Term
Agreement. Such agreement shall be
renewed automatically for the initial term or in any additional terms, unless
the Customer provides written notice of its intent not to renew such agreement
at least thirty (30) days prior to the initial or any additional term. All termination obligations applicable
under the original Term Agreement apply to this renewed agreement.
Interconnection
Service furnished by the
Company may be connected with the services or facilities of other authorized
communications common carriers and with private systems, subject to the
technical limitations established by the Company. Such service or facilities are provided under the terms,
rates and conditions of the other carrier. Any special interface equipment or facilities necessary to
achieve compatibility between the facilities of the Company and other
participating carriers shall be provided at the CustomerÕs expense. The Customer is responsible for all
charges billed by other carriers for use in connection with the CompanyÕs
service. The Customer shall be
responsible for damage to the facilities of the Company caused by the
negligence or willful act of the Customer or Authorized User.
Terminal Equipment
The CompanyÕs facilities and
service may be used with or terminated in terminal equipment or communications
systems such as a PBX, key system, single line telephone, or pay
telephone. Such terminal equipment
shall be furnished and maintained at the expense of the Customer. The Customer is responsible for all
costs at his or her premises, including personnel, wiring, electrical power,
and the like, incurred in the use of the CompanyÕs service. When such terminal equipment is used,
the equipment shall comply with the generally accepted minimum protective
criteria standards of the telecommunications industry.
Inspection, Testing and
Adjustment
Upon reasonable notice, the
facilities or equipment provided by the Company shall be made available to the
Company for such tests and adjustments as may be necessary for their
maintenance in a condition satisfactory to the Company. No interruption allowance shall be
granted for the time during which such tests and adjustments are made, unless
such interruption exceeds twenty-four hours in length and credit for the
interruption is requested by the Customer.
SERVICE DESCRIPTIONS
General
The Company provides
transport services for point-to-point or multi-point communications within the
state. The CompanyÕs services are
available twenty-four hours per day, seven days a week.
Special Services
Special Services are any
services not specifically defined otherwise in this Section.
If at the request of the Customer, the Company obtains facilities not normally used to provide service to its Customers, the costs incurred will be billed as a Special Service.
If
at the request of the Customer, the Company provides technical assistance not
normally required to provide service, the costs involved will be billed to the
Customer as a Special Service.
Where
special signaling, conditioning, equipment or other features are required to
make Customer-provided equipment efficient and compatible with the CompanyÕs
service, the cost of providing necessary equipment and materials and all
associated installation costs including engineering, labor, supervising and
transportation costs will be billed to the Customer as a Special Service.
After
Hours Installation and/or Maintenance Charge: When, at the specific request of the Customer, installation
and/or routing maintenance is performed outside of regular business hours,
additional Special Service charges apply.
Special Service charges will be based upon the actual labor, material
and other costs incurred by or billed to the Company in the provision of the
Special Services. Such
circumstances include but are not limited to, stand-by in excess of one hour,
weekend, holiday or night time cutover, and additional installation testing in
excess of the normal testing required to provide service.
Transport Service provides a
transmission path to connect designated premises of one or more customers,
directly through one or more Company POP(s) where bridging or multiplexing
functions are performed.
The Company offers Transport
Service between POPs on its network.
This service provides for two-way simultaneous transmission of signals
of speeds up to 44.746 Mbps. In
order to subscribe to Transport Service, the Customer(s) will need to gain
entry to the CompanyÕs network by means of a local access facility.
Rates do not include charges
for facilities from the Customer(s) location(s) to the Company POP. Upon the CustomerÕs request, the
Company may act as the CustomerÕs agent for obtaining local access from a third
party local access provider from the Customer location to the Company POP. The rates for local access service
obtained by the Company as the CustomerÕs agent from a third party local access
provider will be the third party local access providerÕs effective rates. Alternatively, subject to the
availability of necessary facilities, Company-provided local access may be
provided pursuant to the LDC rates described in Section ŌRate Regulations,
Local Distribution Channel (LDC) Ō of these General Terms and Conditions.
Acceptance Testing
At no additional charge, the
Company and the Customer(s) will cooperatively test, at the time of
installation, the circuits to meet the agreed upon standards. Acceptance is considered to take place
upon completion and approval of all tests. Billing will commence upon acceptance.
Trouble Reporting
The Company will be
responsible for receiving from the Customer(s) trouble reports sectionalized to
the Company facilities and/or equipment.
The Company will test cooperatively or independently to assist in
trouble sectionalization. Other
charges as described in these General Terms and Conditions will still apply.
There are three basic rate
categories which apply to Transport Service:
- Local Distribution Channel (LDC)
- Channel Mileage
- Optional Features and Functions
Local
Distribution Channel (LDC).
The Local Distribution Channel (LDC) rate category provides for the
communications path either from the CustomerÕs origination point to the
CompanyÕs POP or from the POP to the CustomerÕs destination point. This charge will apply even if the
Customer designated premises and the CompanyÕs serving wire center are
co-located in the same building.
The LDC includes such traditional rate elements as channel mileage
termination, add-drop multiplexing charges and customer provided access
charges.
Channel
Mileage. The Channel Mileage
rate category provides for the transmission facilities between the CompanyÕs
POPs associated with two Customer-designated premises. Channel Mileage is portrayed in two
elements: fixed per band and rate
per mile. Notwithstanding the foregoing,
however, the Company will not switch local calls.
Optional
Features and Functions. The
Optional Features and functions rate category provides for optional features
and functions which may be added to a Transport Service to improve its quality
or utility to meet specific communications requirements. These are not necessarily identifiable
with specific equipment, but rather represent the end result in terms of
performance characteristics that may be obtained. These characteristics may be obtained by using various
combinations of equipment.
Although the equipment necessary to perform a specified function may be
installed at various locations along the path of the service, they will be
charged for as a single rate element.
Examples
of Optional Features and Functions that are available include, but are not
limited to the following:
- Signaling Capability
- Hubbing Functions
- Conditioning
-
Customer Multiplexing
The following diagram depicts service connecting two Customer designated premises located 10 miles apart.
|
Customer |
IFN POP |
IFN POP |
Customer |
||
|
X-------LDC------- |
C M T |
|
CM------ |
C M T |
---------LDC-------X |
LDC
– Local Distribution Channel, which includes traditional CMT rate element
CM
– Channel Mileage
IFN
POP – IFN Servicing Center
Applicable rate elements are:
LDC
– Two (2) applicable
CM – 10 Miles
There are two types of rates
and charges. They are monthly
recurring rates and nonrecurring charges.
The rates and charges are described as follows:
Monthly
Recurring Rates. Monthly rates
that apply each month or fraction thereof that Transport Service is
provided. For billing purposes,
each month is considered to have 30 days.
Nonrecurring
Charges. Nonrecurring charges
are one-time charges that apply for specific work activities. Maximum charges for such activities,
otherwise not contained in the monthly rates and charges of these General Terms
and Conditions, will be as follows:
-
$70.00 per hour
-
$17.50 per quarter hour
- minimum bill of one hour
These hourly charges will be for the following:
The charges specified do not contemplate work being performed by the Company employees at a time when overtime wages apply, due to the request of the Customer, nor do they contemplate work once begun being interrupted by the Customer. If the Customer requests labor be performed at hours of the day or days of the week other than normal working hours or days (9:00 am – 5:00 pm, Monday through Friday), or on Company recognized national holidays (New YearÕs Day, Martin Luther KingÕs Birthday, PresidentÕs Day, Memorial Day, July 4th, Labor Day, Columbus Day, VeteranÕs Day, Thanksgiving Day, and Christmas Day), or if the Customer interrupts work once begun, an additional charge based upon actual costs incurred by the Company will be imposed.
Installation of Interface Equipment: The CompanyÕs charges for modem light source and receiver installation shall be based on the per man hour labor rate of the Company in effect at the time the work is performed.
Installation of Lateral Cable: The CompanyÕs charges for installation of lateral cable within the CustomerÕs premises from the vertical riser to the CustomerÕs or Authorized UserÕs station will be based upon the CompanyÕs costs of providing such service. Such cost will be determined based upon all relevant elements of cost, including, but not limited to:
|
(a) |
Site Survey |
|
(b) |
Physical Design |
|
(c) |
Contractor/Construction
Costs |
|
(d) |
Rights of Way |
|
(e) |
Equipment |
|
(f) |
Engineering |
|
(g) |
Construction |
|
(h) |
Depreciation |
|
(i) |
Operations |
|
(j) |
Maintenance |
|
(k) |
Applicable license fees,
preparation costs and associated legal expense |
|
(l) |
Applicable Taxes |
|
(m) |
Rate of Return
Contingencies |
|
(n) |
Administration Charges |
Special
Construction/Individual Contract Basis Arrangements: Upon request or in response to
competitive request for proposal or for non-standard services, the Company will
develop a responsive individual contract billing arrangement for services
offered in these General Terms and Conditions, the Company will engage in
special construction to provide any of the communications services it is
lawfully able to provide, subject to the conditions contained in these General
Terms and Conditions and the contract between the Customer and the
Company. The CompanyÕs charges for
special construction services will be based upon the CompanyÕs cost of
providing such services. The cost
will be determined based on all relevant elements of cost, including, but not
limited to:
|
(a) |
Site Survey |
|
(b) |
Physical Design |
|
(c) |
Contractor/Construction
Costs |
|
(d) |
Rights of Way |
|
(e) |
Equipment |
|
(f) |
Maintenance |
|
(g) |
Administration Charges |
An
individual contract billing arrangement price quote will be offered to the
Customer for acceptance in writing.
Such individual contract billing arrangements will specify, among other
things, the length of service, minimum volume of service required, and the
rates and charges for the proposed service.
Move Charge: The CompanyÕs charge for a move of a
station to a new location on the same or different premises shall be the
CompanyÕs actual cost incurred in connection with such move.
Maintenance and Service
Charge: The Customer shall be
responsible for the cost incurred by the Company in connection with a
maintenance and/or service visit to the CustomerÕs or Authorized UserÕs
premises when the difficulty or trouble results from the equipment or facilities
provided by the Customer or Authorized User. Said cost shall be based upon the current per-man hour labor
rate of the Company in effect at the time of the visit.
Customer Contracts: All customer contracts will be filed
with the Commission pursuant to Rev. Code ¤4905.31(E).