3. General Rules and Regulations (Cont'd)
3.7 EOUIPMENT
3.7.1 Customer Obligations
3.7.1.1
The Customer shall assume all responsibility for obtaining all necessary
permits, authorization or consents for interconnecting Customer-provided equipment
or facilities with the Company's services or facilities as well as ensuring
that the Customer-provided equipment or facilities are properly interfaced
with the Company's services or equipment.
3.7.1.2
Access to and release of Company provided facilities located on the
Customer's premises for testing and repair will be required for failures of
equipment or service and/or routine maintenance. The Company will notify
the Customer in advance of such necessary access or release and will attempt
to schedule the access or release at a mutually convenient time. For charges
contemplated in these Terms and Conditions, such testing and repair and/or
routine maintenance will be performed during regular business hours. When,
at the specific request of the Customer, such routine maintenance, testing
and/or repair is performed outside of regular business hours, additional special
service charges may apply.
3.7.1.3
The Customer shall operate its equipment and facilities in such a
manner that its use of the Company's facilities shall not interfere with any
other Customer's use of the company's services or equipment.
3.7.1.4
The Customer shall provide adequate space, electrical power, wiring,
HVAC and electrical outlets necessary for the proper operation of the company's
equipment on the customer's and/or authorized user's premises.
3.7.1.5
The Customer shall be responsible for all loss regardless of cause
(other than directly resulting from an act or omission of the Company) to
the Company's equipment on the customer's or its authorized user's premises.
3.7.1.6
The Customer is responsible for ensuring that, except for Customer
authorized and qualified personnel, no one attempts to adjust, modify, move
or otherwise interfere in any way with the continuous operation of the Company's
equipment located at the Customer's or authorized user premises.
3.7.1.7
The Customer shall comply with the minimum protective criteria generally
accepted in the telephone industry and other appropriate criteria as may be
prescribed by the Company to protect the integrity of service or for safety
reasons.
3.7.1.8
The Customer shall be responsible for the installation, operation
or maintenance of any Customer-provided equipment. Where such equipment is
connected to service furnished pursuant to these Terms and Conditions, the
responsibility of the Company shall be limited to the furnishing of services
under these Terms and Conditions and to the maintenance and operation of such
services in the proper manner. Subject to this responsibility, the Company
shall not be responsible for the following:
(a) the through transmission of signals generated by Customer-provided equipment
or for the quality of, or defects in, such transmission.
(b) the reception of signals by Customer-provided equipment; or
(c) network control signaling where such signaling is performed by Customer-provided
network control signaling equipment.
3.7.2 Terminal Equipment
3.7.2.1
The Company's facilities and service may be used with or terminated
in Customer-provided terminal equipment or Customer-provided communications
systems. Such terminal equipment shall be furnished and maintained at the
expense of the Customer, except as otherwise provided in these Terms and Conditions.
The Customer is responsible for all costs at his premises, including Customer
personnel, wiring, electrical power, and the like, incurred in the use of
the Company's service.
3.7.2.2
When such terminal equipment is used, the equipment shall comply with
the minimum protective criteria set forth below and shall not interfere with
service furnished to other Customers. Additional protective equipment, if
needed, shall be employed at the Customer's expense.
3.7.2.3
When service(s) using voice grade facilities is terminated in Customer
provided terminal equipment, channel derivation devices, or communications
systems, the Customer shall comply with the following minimum protective criteria:
a. When the facilities furnished under these Terms and Conditions are used
in common with local telephone company services, it is necessary in order
to prevent excessive noise and cross talk, that the power of the signal applied
to the local lines be limited. A single valued limit for all application
cannot be specified. Therefore, the power of the signal in the band over
300 hertz which may be applied by the Customer-provided equipment at the point
of termination will be specified by the Company for each application, to be
consistent with the signal power allowed on the telecommunications network
as specified in FCC Part 68 Rules and Regulations.
b. To protect the telecommunications services from interference at frequencies
which are above the band of service provided, the carrier will specify the
acceptable signal power in the following bands to be applied by the Customer-provided
equipment or communications system at the point of termination to insure that
the input to facilities of the Company or other communications company that
the Company connects with does not exceed the limits indicated.
1. The power in the band from 3,995 hertz to 4,000 hertz shall be at least
19 dB below the power of the signal as specified in Subsection a. preceding.
2. The power in the band from 4,000 hertz to 10,000 hertz shall not exceed
24 dB below one milliwatt.
3. The power in the band from 10,000 hertz to 25,000 hertz shall not exceed
24dB below one milliwatt.
4. The power in the band from 25,000 hertz to 40,000 hertz shall not exceed
36 dB below one milliwatt.
5. The power in the band above 40,000 hertz shall not exceed 50 dB below one
milliwatt.
c. Where there is connection via Customer-provided terminal equipment or communications
systems to a Message Telecommunications Service to prevent the interruption
or disconnection of calls or interference with network control signaling,
it is necessary that the equipment to the interface at no time has energy
solely in the 2450 to 2740 hertz band. If signal power is in the 2450 to 2750
hertz band, it must not exceed the power present at the same time in the 800
to 2450 hertz band.
d. Where such Customer-provided equipment or communications system applies,
signals having components in the frequency spectrum below 300 hertz, excluding
ringing signals, the currents and voltages (including all harmonics and spurious
signals) at the interface shall not exceed the limits indicated in 1. through
4. following:
1. The maximum rms (root-mean-square) value, including dc and ac components
of the current per conductor shall not exceed 0.35 ampere.
2. The magnitude of the peak of the conductor or ground voltage shall not
exceed 70 volts.
3. The conductor voltage shall be such that the conductor-to ground voltage
limit in b. preceding is not exceeded. If the signal source is not grounded,
the voltage limit in b. preceding applies to the conductor-to-conductor voltage.
4. The total weighted rms voltage within the band from 50 hertz shall not
exceed 100 volts. The total weighted rms voltage is the square root of the
sum of the products times the square of the rms voltage of the individual
frequency components. The weighting factors are indicated.
|
For Frequencies Between
|
Weighting Factor
|
|
50 Hertz and 100 Hertz
|
f2 / 104
|
|
100 Hertz and 300 Hertz
|
f3.3 / 106.6
|
Where f is the numerical value of the frequency, in hertz, of the frequency
component being weighted.
3.7.2.4
If the Customer fails to maintain and operate his terminal equipment
properly, resulting in the occurrence or possibility of harm to the Company's
equipment, personnel, or the quality of service to other Customers, the Company
may, upon written notice, require repair, maintenance or the use of protective
equipment at the Customer's expense. If such repair, maintenance or use of
protective equipment fails to produce satisfactory results, the Company may,
upon written notice, terminate the Customer's service immediately.
3.7.2.5
The Customer shall also comply with the minimum protective criteria
generally accepted in the telephone industry including Part 68 of the FCC
Rules and Regulations, and other appropriate criteria as may be prescribed
by the Company. The Customer shall ensure that his terminal facilities are
of the proper mode, band-width, power, data, speed, and signal level for the
intended use of the Customer, and that the signals do not damage the Company's
equipment, injure personnel or degrade service to other Customers.
3.8 CANCELLATION OF SERVICE
3.8.1
For any of the following reasons, the Company may discontinue service
upon at least 10 days' notice or cancel an application for all services without
incurring any liability. Separate accounts for the same Customer are also
subject to this provision.
3.8.1.1
In the event that a Customer's bill remains unpaid after more than
thirty days following rendition of the bill.
3.8.1.2
In the event of a violation of any regulation governing the service
under these Terms and Conditions, when necessitated by conditions beyond the
Company's control, a violation of any law, rule, or regulation of any government
authority having jurisdiction over the service.
3.8.1.3
Where the Company is prohibited from furnishing services by order
of a court or other government authority having jurisdiction.
3.8.2
The Company, by written notice to the Customer, may, without incurring
any liability, cancel or suspend the provision of service or equipment for
non-payment of any sum due to the Company from the Customer, whether pursuant
to service offered under these Terms and Conditions or otherwise, or as a
result of actions of a government agency which forces discontinuance of the
provision of service or equipment, or for violation or threatened violation
of any of the terms or conditions of these Terms and Conditions by the Customer
or authorized user, or if the Customer becomes insolvent or bankrupt, or makes
a general assignment for the benefit of creditors or as otherwise permitted
by these Terms and Conditions. Cancellation will be effective on the date
specified on the notice.
3.8.3
Service may be canceled by the Customer only on not less than 30 days
written notice to the Company. In the event the Company is unable to disconnect
the Customer's access line by the requested cancellation date, the customer
will be responsible for any usage over the line.
3.8.4
The discontinuance of service by the Company pursuant to this Section
does not relieve the Customer of any obligations to pay the Company for charges
due and owed for service(s) furnished up to the time of discontinuance.
3.8.5
The remedies set forth herein shall not be exclusive and the Company
shall at all times be entitled to all rights available to it under either
law or equity.
3.8.6
Except as otherwise provided in these Terms and Conditions or as specified
in writing by the party entitled to receive service, notices may be given
orally or in writing to the person(s) whose name(s) and business address(es)
appear on the executed service order.
3.8.7
Where the Company cancels a service and the final service period is
less than the monthly billing period, a credit will be issued for any amounts
billed in advance, prorated at l/30th of the monthly recurring charge for
each day after the service was discontinued. This credit will be issued to
the Customer or applied against the balance remaining on the Customer's account.
3.8.8
The Customer shall pay a cancellation charge for services that require
special facilities dedicated to its use when the Customer cancels the order
before service begins or prior to the expiration of the service term or if
service is canceled for nonpayment or failure to make a requested deposit.
The charge will be equal to the non-recoverable portion of expenditures or
liabilities incurred expressly for the Customer and the sum of the monthly
recurring or minimum usage amount remaining through the end of the term. The
Customer is liable for any charges assessed by the interconnecting telephone
company providing the dedicated local access line.
3.9 DETERMINATION AND RENDERING OF CHARGES
3.9.1
For the purpose of billing, service will be deemed to be started on
the day the service and its associated equipment, if any, is installed. Where
billing is based upon Customer usage, Customers will be billed for all usage
commencing on the date usage begins.
3.9.2
Subject to the Company's right to cancel or suspend services as otherwise provided in these Terms and Conditions, the minimum service period is 30 days. Termination by Customer is effective 30 days after receipt by the Company of a written notice of cancellation. Termination by the Company is effective 30 days after delivery of written notice or as otherwise set forth in these Terms and Conditions.
3.9.3
In situations where a Special Service is requested, the minimum service
period and charges will be determined on a case-by-case basis.
3.9.4
All monthly recurring charges are billed one month in advance. Initial
and final month's billing, when the service period is less than a month, will
be prorated at l/30th of the month's recurring charge for each day the service
was rendered or equipment was provided.
3.9.5
Usage charges are billed monthly for the preceding billing period. For
periods less than the monthly billing period, minimum usage charges are prorated
at l/30th of the monthly minimum amount for each day the service was rendered.
3.9.6
The duration of a call is rated in intervals of the billing increments
described for each service provided in these Terms and Conditions. If the
final interval of a call is less than the applicable billing increment, it
will be rounded up to a full increment for purposes of billing.
3.9.7
Computed usage charges or credits for each call are rounded to the nearest
cent when possible.
3.9.8
The applicable usage rates for the billing of a distance sensitive call
will depend on the distance in airline mileage between the originating and
terminating points of the call. For the purpose of determining the airline
mileage of a call, the Company will utilize the vertical ("V") and horizontal
("H") coordinates of the rate centers of the originating and terminating points
of the call. For purposes of billing, the Company references "V" and "H" coordinates
provided by Bell Communications Research. Calls originated by dialing a local
exchange number or a 950-type number using an authorization code, the originating
point will be the rate center in which the switched access facilities are
located. For calls originated via equal access connections, WATS access lines
or dedicated access lines, the originating point will be the rate center in
which the Customer is located. The terminating point will be determined by
the rate center of the called number.
The formula to determine airline miles is as follows:
3.9.9
Applicable rate periods, unless noted otherwise, as indicated below
and are based on the time in which a call is established. In cases where
a call begins in one rate period and continues into another, the rate in effect
in each period will apply to the portion of the call occurring within the
applicable rate period.
Day rates apply from 8 a.m. to, but not including, 5 p.m. Monday through Friday.
Evening rates apply from 5 p.m. to, but not including, 11 p.m. Sunday through
Friday.
Night rates apply from 11 p.m. to, but not including, 8 a.m. seven days a
week.
Weekend rates apply from 8 a.m. to, but not including, 11 p.m. Saturday and
from 8 a.m. to, but not including, 5 p.m. on Sunday.
On holidays, evening rates apply throughout the day on which the holiday is
observed unless a lower rate would normally apply.
Peak rates apply from 8 a.m. to, but not including, 5 p.m. Monday through
Friday.
Off Peak rates apply to calls that occur between 5 p.m. and 7:59 a.m. Monday
through Thursday, and all calls between 5 p.m. Friday and 7:59 a.m. Monday.
3.10 TIMING OF CALLS
Billable time for service is the duration of time between the called
station answering and the called or calling station disconnecting, provided
duration may be rounded in accordance with specific descriptions in this tariff.
3.11 SPECIAL SERVICES
For the purpose of these Terms and Conditions, a Special Service is deemed
to be any service requested by the Customer for which there is no prescribed
rate in these Terms and Conditions. Special Services charges will be developed
on an individual case basis and set forth in a separate agreement.
3.11.1
Special Service charges will be based on the estimated cost of furnishing
such services including the cost of operating and maintaining such a service,
the cost of equipment and materials used in providing such a service, the
cost of installation including engineering, labor supervision, transportation,
and the cost of any other specific item associated with the particular Special
Service request.
3.11.1.1
If at the request of the Customer, the Company obtains facilities
not normally used to provide service to its customer, the cost incurred will
be billed as a Special Service.
3.11.1.2
If at the request of the Customer, the Company provides technical
assistance not normally required to provided service, the costs involved will
be billed as a Special Service.
3.11.1.3
Where special signaling, conditioning, equipment, or other features
are required to make Customer-provided equipment compatible with the Company
service, the cost of providing these features will be billed as a Special
Service.
3.12 FRACTIONAL CHARGES
3.12.1
Charges for a fractional part of a month are calculated by counting
the number of days remaining in the billing period after service is furnished.
Divide that number of days figure by thirty days (billing period). The result
is then multiplied by the applicable monthly service charge to arrive at the
appropriate fractional monthly service charge.
3.12.2
For each call the minimum charge shall be the applicable charge for
the initial billing increment of use with use in excess of the initial billing
increment during a call charged at the applicable rate per minute with the
fractional billing increments, if any, of each call rounded up to the next
highest whole billing increment.
3.12.3
All per call charges of fractional cents shall be rounded to the next
full cent unless otherwise stated in the specific product description (Section
4).
|
