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RATES,
TERMS AND CONDITIONS
APPLICABLE
TO
WIRELINE BROADBAND
INTERNET TRANSPORT SERVICE
FURNISHED
BY
HOME
TELEPHONE COMPANY
FOR
SERVICES
AS
PROVIDED FOR HEREIN.
Section 1: General
1.1 Application of Rates, Terms and
Conditions
1.2 Definitions
Section 2: Terms and Conditions
2.1 Undertaking of the Company
2.1.A Scope
2.1.B Limitations
2.2 Obligations of the Customer
2.3 Liabilities of the Company
2.4 Application for Service
2.5 Executed Agreements
2.5.A Agreement
2.5.B Technical Standards Supplement (“TS Supplement”)
2.6 Charges and Payments for Service
2.6.A Deposits
2.6.B Description of Payment and Billing Periods
2.6.C Taxes and Other Charges
2.6.D Payment and Late Payment Charge
2.6.E Credit Allowance/Service Interruptions
2.6.F Service Interruption Measurement
2.7 Termination or Denial of Service by the
Company
2.8 Billing Disputes
Section 3: Description of Service
3.1 General
3.1.A ATM-CRS Network Ethernet Connections
3.1.B Special Access High Capacity Connection
3.1.C Designated End User Premises
3.2 Service Classes and Options
3.2.A Service Classes
3.2.B Service Options
3.3 WBITS Provisioning
3.3.A Responsibility of the Company
3.3.B Responsibility of the Customer
3.4 Rate Regulations
3.4.A Rate Elements
3.4.B Changes
3.4.C WBITS Network Reconfiguration Charge
3.4.D Line Conditioning
3.4.E Minimum Period
3.4.F Moves
3.4.G Term and Volume Discount Plan (TVDP)
3.4.H WBITS Multi-Media Service
TABLE OF CONTENTS
Section 4: Rates and Charges
4.1 High Capacity DSL Access Service
Connection
4.2
4.3 Wireline Broadband Internet Transport
Service
4.4 WBITS
Access Line Rates
4.4.A Month-to-Month
Rates
4.4.B Term and
Volume Discount Plan (TVDP)
4.5 WBITS Multi-Media Service
4.6 WBITS Reconfiguration Charge
1. General
1.1 Application of Rates, Terms and
Conditions
1.1.A The rates, terms and conditions contained
within this document, hereinafter referred to as “Rates, Terms and Conditions,”
are applicable to the provision of Wireline Broadband Internet Transport
Service (“WBITS”), hereinafter collectively or individually referred to as
"Service", by HOME TELEPHONE COMPANY, hereinafter referred to as the
"Company", as specified herein.
Service is furnished subject to the availability of facilities and
subject to transmission, atmospheric and like conditions. By accepting Service from the Company, the
Customer accepts these Rates, Terms and Conditions as a binding agreement
between the Customer and the Company.
1.1.B Under the Rates, Terms and Conditions the
Company offers the Services subject to the jurisdiction of the Federal
Communications Commission (“FCC”) pursuant to Title II of the Communications
Act of 1934, As Amended, (47 USC § 201-276) on a common-carriage permissively
detariffed basis.
1.1.C The Company offers Services where
technically feasible within its incumbent local exchange carrier (“ILEC”)
exchange boundaries in the state of
1.1.D The provision of Service by the Company as
set forth in these Rates, Terms and Conditions does not constitute a joint
undertaking with the Customer for the furnishing of any service.
1.1
E From time to time, the Company may at
its sole discretion modify the Rates, Terms and Conditions. Modification will be effective thirty (30)
days after both posting of revised Rates, Terms and Conditions on the Company’s
Internet web site and mailing by United States Postal Service a copy of
the revised Rates, Terms and Conditions to all customers currently a party to
an executed Agreement as described in Section 2.5 following.
1.2 Definitions
Certain
terms used throughout these Rates, Terms and Conditions are defined as follows:
1.2.A Application for Service
A standard order form which includes all pertinent billing, technical,
and other descriptive information which will enable the Company to provide the
Service as required.
1.2.B Company
HOME
TELEPHONE COMPANY, unless the context indicates otherwise.
1.2.C Customer
Any
individual, partnership, association, trust, corporation, cooperative or
governmental agency or other entity which utilizes the Services provided by the
Company. A Customer, as set forth
herein, is responsible for the payment of charges and for compliance with all
applicable terms of the Rates, Terms and Conditions.
1.2.D Customer Provided Equipment
Terminal
Equipment or facilities provided by persons other than the Company and
connected to the Company's Services and/or facilities.
1.2.E Data-Only WBITS
The term "Data-Only” when used in the context of WBITS refers to provision of the service over a line that does not also carry local exchange switched voice telephone service to the customer premises.
1.2.F Digital Subscriber Line (“DSL”) Access
Service Connection Point
The term “Digital
Subscriber Line (DSL) Access Service Connection Point” is a location designated
by the Company that serves as an aggregation point for the collection of
Company WBITS traffic from multiple Digital Subscriber Line Access Multiplexers
(DSLAMs) or comparable packet-mode data modem equipment. Network Service Providers establish
connections to the Company’s WBITS network at the Company designated DSL Access
Service Connection Point.
1.2.G Ethernet
Ethernet is a physical link protocol reflecting
the two lowest layers of the DNA/OS1 model.
Ethernet networks can generally connect to Asynchronous Transfer Mode –
Cell Relay Service (“ATM-CRS”) networks at port speeds of 10 Mbps, 100 Mbps and
one billion bits per second (1 Gigabit or “Gbps”), subject to availability of
port connections at the desired speed.
Standards applicable to Ethernet transmission are established by the
1.2.H Incumbent Local Exchange Carrier (“ILEC”)
Incumbent Local Exchange
Carrier (“ILEC”) has the same meaning as Section 251(h) of the Communications
Act, as Amended 47 U.S.C. § 251(h)(1).
(1) DEFINITION.--For
purposes of this section, the term ''incumbent local exchange carrier'' means,
with respect to an area, the local exchange carrier that--(A) on the date of
enactment of the Telecommunications Act of 1996, provided telephone exchange
service in such area; and (B)(i) on such date of enactment, was deemed to be a
member of the exchange carrier association pursuant to section 69.601(b) of the
Commission's regulations (47 C.F.R. 69.601(b)); Or (ii) is a person or entity
that, on or after such date of enactment, became a successor or assign of a
member described in clause (i).
1.2.I Internet
The
Internet is “the international computer network of both Federal and non-Federal
interoperable packet switched data networks.”. 47 USC §230(f)(1). The Internet
is also described as “the combination of computer facilities and
electromagnetic transmission media, and related equipment and software,
comprising the interconnected worldwide network of computer networks that
employ the Transmission Control Protocol/Internet Protocol or any successor
protocol to transmit information.”. 47 USC §231(e)(3).
1.2.J Internet Protocol (“IP”)
The Internet
Protocol (“IP”) is the industry standard method or protocol
by which data
is sent from one computer to another on the Internet.
1.2.K Internet Service Provider (“ISP”)
An
Internet Service Provider (ISP) is an organization that provides access to the
Internet. The ISP provides the username
and password to the end user Internet customer.
1.2.L John Staurulakis, Inc. Tariff F.C.C. No.
1.
John
Staurulakis, Inc. (JSI) Tariff F.C.C. No. 1 is a group tariff for interstate
access maintained by JSI for which
the Company is an issuing carrier. The
Company’s interstate access rates
are filed in the Company’s company-specific rate section of JSI Tariff F.C.C. No. 1.
1.2.M kbps
Kbps
is the widely recognized abbreviation for “kilobits per second”, a measure of data transfer speed. The “k” in kbps is lowercase to indicated
measurement in decimal, i.e. 1
kbps is 1,000 kilobits per second.
12.N Mbps
Mbps
is the widely recognized abbreviation for “megabits per second”, indicating a data transfer speed of one million
bits per second.
1.2.O MultiMedia
Multi-Media refers to data transport
services that include data, text, audio, and visual content through use of
Internet Protocol.
1.2.P MultiMedia Virtual Circuit Channel
(MM-VCC)
A “MultiMedia Virtual Circuit Channel
(MM-VCC) is a pre-defined logical circuit used to route ATM cells carrying
MultiMedia between two customer designated premises.
1.2.Q Network Service Providers
Network Service Providers are Internet
Service Providers (ISPs) or Multi-Media providers who provide retail services
to end user customers based on transmission of data through use of Internet
Protocol.
1.2.R Rates, Terms and Conditions
Rates, Terms
and Conditions refers to this document as a whole comprising the rates, terms
and conditions applicable to the provision of Services to Customers by the
Company.
1.2.S Service
The
offerings of the Company comprising Wireline Broadband Internet Transport
Service (“WBITS”).
1.2.T Telecommunications
The
transmission of voice communications or, subject to the transmission
capabilities of the service, the transmission of data, facsimile, signaling,
metering, or any other form of intelligence.
1.2.U Voice-Data WBITS
The term
"Voice-Data” when used in the context of WBITS refers to provision of the
service over a line that also carries local exchange switched voice service to
the customer premises.
1.2.V Wireline Broadband Internet Transport
Service (“WBITS”)
Wireline Broadband Internet Transport Service (“WBITS”) is a
high-speed data access service that is made available to Network Service
Providers for connection to the Company’s end user customers over existing
company local exchange facilities for provision broadband services employing
Internet Protocol.
2. Terms
and Conditions
2.1 Undertaking of the Company
2.1.A Scope
Under the
“Rates, Terms and Conditions,” the Company makes available to Network Service
Providers Services as described in these Rates, Terms and Conditions. Services are described in Section 3 of these
Rates, Terms and Conditions.
Connecting
the Customer’s network to the Company’s WBITS network requires ordering by the
Customer Special Access or Asynchronous Transfer Mode-Cell Relay Service
(“ATM-CRS”) transport services sufficient to carry the Customer’s data between
its premises and the Company’s designated DSL Access Connection Point. Special Access and ATM-CRS transport services
within the Company’s serving area must be obtained from the Company pursuant to
the regulations and rates provided by the Company under John Staurulakis, Inc.
(“JSI”) Tariff F.C.C. No. 1. The
Company’s company-specific rates for Special Access and ATM-CRS transport
services are listed in the Company’s rate section contained in JSI Tariff
F.C.C. No. 1.
2.1.B Limitations
(1) The
services provided pursuant to these Rates, Terms and Conditions are offered
subject to the availability of facilities and the other provisions of these
Rates, Terms and Conditions.
(2) The
Company does not undertake to transmit communications or messages, but rather
furnishes facilities, Service and equipment for such transmissions by the
Customer.
(3) The
Company retains the right to deny Service to any Customer which fails to comply
with the rules and regulations of these Rates, Terms and Conditions, or other
applicable rules, regulations or laws.
2.2 Obligations of the Customer
2.2.A All Customers assume general
responsibilities in connection with the provision and use of the Company's
Service. General responsibilities are
described in this section. When
facilities, equipment, and/or communication systems provided by others are
connected to the Company's facilities, the Customer assumes the additional
responsibilities as set forth in Section 2.2, herein.
2.2.B The Customer is responsible for the payment
of all charges for any and all Services or facilities provided by the Company
to the Customer.
2.2.C The Customer
shall indemnify and save harmless the Company from and against all loss,
liability, damage and expense, including reasonable counsel fees, due to claims
for libel, slander, or infringement of copyright or trademark in connection
with any material transmitted by the Customer using the Company's Services; and
any other claim resulting from any act or omission of the Customer to the use
of the Company's facilities.
2.2.D The Customer shall reimburse the Company for
damages to the Company's facilities caused by any negligence or willful act or
acts on the part of the Customer.
2.2.E In the event a suit is brought by the
Company, or an attorney is retained by the Company to collect any bill or enforce the terms
of these Rates, Terms and Conditions against a Customer, that Customer shall be
responsible for payment of all reasonable attorney's fees, court costs, costs
of investigation and any and all other related costs and expenses incurred by
the Company in connection therewith.
2.2.F The
Customer understands that the Services are furnished subject to the condition
that there will be no abuse, fraudulent and/or illegal use thereof. Such activity includes, but is not limited
to:
(1) Using the Service for any purpose which
is in violation of any law.
(2) Obtaining or attempting to obtain
Services through any scheme, false representation and/or use of any fraudulent
means or devices whatsoever with the intent to avoid payment, in whole or in
part, of charges for Services, or assisting any other person or firm in such
regard.
(3) Using the Services in a manner that
interferes unreasonably with the use of Service by one or more other Customers.
2.3 Liabilities of the Company
Except as stated in this Section 2.3, the Company shall have
no liability
for damages of any kind arising out of or related to events,
acts, rights or
privileges contemplated in the Rates, Terms and Conditions.
2.3.A The
liability of the Company for damages resulting in whole or in part from or
arising in connection with the furnishing of Service under the Rates, Terms and
Conditions including, but not limited to, mistakes, omissions, interruptions,
delays, errors or other defects or misrepresentations shall not exceed an
amount equal to the charges under the Rates, Terms and Conditions applicable to
the specific call (or portion thereof) that was affected. No other liability shall attach to the
Company.