GENERAL TERMS
AND CONDITIONS
DEFINITIONS
OF TERMS
ACCESS LINE
A central office circuit or channel
that provides access to the telephone network for local and long distance
telephone services.
AIR LINE MEASUREMENT
The shortest distance between two points. A measurement for computation of
mileage charges between termination points.
ANCILLARY DEVICES
All terminal equipment except
telephone instruments, PBX‑PABX systems, key systems and data services.
ANSWERING EQUIPMENT
Equipment that will automatically
answer incoming calls and make an announcement. It may also be equipped to record messages.
APPLICANT
Any person, partnership, corporation,
or any combination thereof requesting service or action from the Company.
AUTHORIZED PROTECTIVE CONNECTING MODULE
A protective unit approved by the
Company which is manufactured in accordance with the design set forth in Part
68 of the Federal Communications CommissionÕs Rules and Regulations.
AUTHORIZED USER
A person, firm or corporation (other
than the customer) who has been authorized by the Company to communicate over a
private line or channel according to these General Terms and Conditions and (1)
on whose premise a station of the private line service is located or (2) who
receives from or sends to the Customer over such private line or channel
communications relating solely to the business of the Customer
BUILDING (Same)
A structure under one roof, or two or
more structures under separate roofs but connected by passageways, in which the
CompanyÕs wires or cables can be safely run provided the plant facility
requirements are not appreciably greater than would normally be required if all
structures were under one roof. In
those cases where there are several structures under separate roofs but
connected by passageways and the plant facility requirements for furnishing
telephone service are appreciably greater than would normally be required if
all the structures were under one roof, the term ÒSame BuildingÓ applies
individually to each of the separate structures.
BUSINESS SERVICE
Telecommunications service furnished
to Customers where the primary or obvious use is of a business, professional,
institutional or otherwise occupational nature.
CALL
An attempted communication, whether
completed or not.
CALLING AREA
See ÒLocal Service Area.Ó
CANCELLATION CHARGES
A charge applicable under certain
conditions when the application for service and/or facilities is canceled in
whole or in part prior to the completion of the work involved or before the
contract period is completed.
CENTRAL OFFICE
A switching unit in a
telecommunications system which provides service to the general public, having
the necessary equipment and operating arrangements for the terminating and
interconnecting of exchange lines and trunks or trunks only. There may be more than one central
office in a building or exchange.
CHANNEL
A path, or combination of paths,
for communication between two or more stations or Company offices and furnished
in such a manner as the Company may elect, whether by wire, radio or a
combination thereof and whether or not by means of a single physical facility
or route.
CIRCUIT
A channel used for the transmission
of energy in the furnishing of telephone and other communication services
further described as:
(a) Two‑wire
circuit: A circuit using one
transmission path, which may be one carrier pair or one pair (two wires) of
metallic conductors.
(b) Four‑wire
circuit: A circuit using two one‑way
transmission paths, which may be two carrier paths or two pairs (four wires) of
metallic conductors
CLASS OF SERVICE
A description of telecommunications
service furnished a Customer which denotes such characteristics such as nature
of use (business or residence) or type of rate (flat or message rate). Classes of service are usually
subdivided in grades, such as individual or multi‑party line.
COMMISSION
The Public Utilities
Commission of Ohio
COMMUNICATIONS
SYSTEMS
Channels and other facilities which
are capable, when not connected to exchange telecommunication service, of
two-way communication between Customer‑provided terminal equipment.
COMPANY
Bright CLEC, LLC
COMPLEX SERVICE
The provision of a circuit requiring
special treatment, special equipment or special engineering design.
CONDUIT
A tubular runway for cable facilities
CONNECTION
Denotes the
establishment of telephone service.
A move of existing service to a different premise requires a connection.
CONNECTION CHARGE
See ÒService Charges.Ó
CONSTRUCTION
CHARGE
A separate initial charge made for
construction of pole lines, circuits, facilities, etc., in excess of that
contemplated under the rates quoted in these General Terms and Conditions or
Products and Services specific pricing.
CONTINUOUS
PROPERTY
The plot of ground, together with any
building thereon, occupied by the Customer, which is not divided by public
highways or separated by property occupied by others. Where a Customer occupies property on both sides of a
street, alley, highway, body of water, railroad right‑of‑way, etc.,
and the properties would otherwise be continuous, such properties are treated
as continuous property, provided local wire or cable facilities are used and
the Customer furnishes all local distribution pole line facilities or
underground conduit required in connection therewith.
CONTRACT
The service agreement between a
Customer and the Company under which service and facilities for communication
between specified locations for designated periods and for the use of the
Customer and its specifically named authorized users are furnished in
accordance with the provisions of these General Terms and Conditions.
CONTRACT PERIOD
The length of time for which a
Customer is responsible for the charges associated with the services,
facilities, and equipment under contract.
COST OR COST
BASIS
Cost of equipment and materials
provided or used plus the cost of installation including, but not limited to,
engineering, labor, supervision, transportation, right‑of‑way,
other items which are chargeable, and the actual expense incurred by the
Company relating to the call‑out of Company personnel.
CUSTOM CALLING
SERVICES
Custom Calling Services provide
for call features like Call Waiting and Call Forwarding and is furnished in
connection with basic business and/or residential line service.
CUSTOM LOCAL AREA
SIGNALING SERVICES (CLASS)
Custom Local Area
Signaling Services (CLASS) are enhanced services associated with Signal System
Seven (SS7) technology. CLASS is
furnished in connection with individual line service (private line).
CUSTOMER
Any person, firm, partnership,
corporation, municipality, cooperative organization or governmental agency
furnished communication service by the Company under the provisions and
regulations of these General Terms and Conditions. The Customer is responsible for compliance with the rules
and regulations of the Company, and is responsible for ensuring payment of the
charges.
CUSTOMER PREMISES
INSIDE WIRE
All wire within a CustomerÕs premise,
including connectors, jacks, and miscellaneous materials associated with the
wire installation. Premise inside
wire is located on the CustomerÕs side of the CompanyÕs premise protector. By definition, Customer premise inside
wire excludes house, riser, buried, and aerial cable.
CUSTOMER‑PROVIDED TERMINAL EQUIPMENT
Devices or apparatus and their
associated wiring provided by a Customer, which may be connected to the
communications path of the CompanyÕs exchange network either electrically,
acoustically or inductively.
CUSTOMER TROUBLE
REPORT
Any oral or written report from a
Customer received by the Company relating to a physical defect or to difficulty
or dissatisfaction with the service provided by the CompanyÕs facilities. One report shall be counted for each oral
or written report received even though several items are reported by one
Customer at the same time, unless the group of troubles so reported is clearly
related to a common cause.
DEMARCATION POINT
The point of interconnection between
the CompanyÕs communications facilities and the terminal equipment, protective
apparatus or inside wiring at a CustomerÕs premise. The demarcation point is located on the CustomerÕs side of
the CompanyÕs protector or equivalent.
An additional
circuit connected to an access line either directly or through a switching
device that uses Company facilities.
DIRECT BURIAL
The installation of cables or
conductors directly in the earth and not in conduit or duct.
DIRECT CONNECTION
Connection of terminal equipment to
the CompanyÕs exchange facilities by means other than acoustic and/or inductive
coupling.
DIRECT ELECTRICAL
CONNECTION
The physical connection of electrical
conductors in the communications path.
DIRECTORY
A book that
typically lists each telephone Customer alphabetically, with his/her service
location and telephone number.
DIRECTORY
ASSISTANCE SERVICE
Directory assistance
service is furnished to supplement the information available in the Company
directory, and to furnish telephone numbers to users who are not able to find
the listing in their directory.
DIRECTORY LISTING
The publication of
the CompanyÕs directory and/or directory assistance records of information
relative to a CustomerÕs telephone number, by which telephone users are able to
ascertain the telephone number of a desired party.
DISCONNECT NOTICE
The written notice
sent to a Customer following billing, notifying the customer that service will
be disconnected if charges are not satisfied by the date specified on the
notice.
DISCONNECTION OF
SERVICE
An arrangement for a
permanent interruption of telephone service, made at the request of the
Customer, or initiated by the Company for violation of these General Terms and
Conditions regulations by the Customer.
A ÒfinalÓ bill would be rendered showing moneys owed to the Company net
of any amounts to be refunded, such as deposits, as of the date the service was
disconnected.
DROP WIRE
Wires used to
connect the aerial, buried, or underground distribution facilities to the point
where connection is made with a CustomerÕs premise.
EMERGENCY NUMBER SERVICE
A telephone exchange
communication service whereby a public safety answering point designated by the
Customer may receive and answer telephone calls placed by dialing the number
911. It includes the services provided
by the lines and equipment associated with the service arrangement for
answering and dispatching of public emergency telephone calls dialed to 911.
ENTRANCE
FACILITIES
Facilities extending
from the point of entrance on private property to the premise on which service
is furnished.
EXCHANGE
The area established
by the Company for the administration of telecommunications service for which a
separate local rate schedule is provided.
The area usually embraces a town, or village and its environs, and
consists of one or more central offices, together with associated plant
facilities used in furnishing telecommunications services in that area.
EXCHANGE AREA
The area within
which the Company furnishes complete telephone service from one specific
exchange at the exchange rates applicable within that area.
EXCHANGE SERVICE
Exchange service is
a general term describing, as a whole, the facilities for local
intercommunications, together with the capability to send and receive a
specified or an unlimited number of local messages at charges in accordance
with the provisions of the local exchange Tariff or these General Terms and Conditions.
Flat rate service: A
classification of exchange service furnished a Customer for which a stipulated
charge is made regardless of the amount of use.
FACILITIES
All the plant and
equipment of the Company and all instrumentalities owned, licensed, used,
controlled, furnished, or supplied for or by the Company, including any
construction work in progress allowed by the Commission.
FLAT RATE SERVICE
A classification of
exchange service furnished a customer for which a stipulated charge is made
regardless of the amount of use.
GENERAL EXCHANGE
SERVICES
Services furnished
by the Company connected to or associated with primary local exchange service.
HARM
Electrical hazards
to Company personnel, damage to Company equipment, malfunctions of Company
billing equipment, and degradation of service to persons other than the user as
well as the calling or called party.
HIGH CAPACITY
CIRCUIT (HI CAP)
Digital-data
transmission service equal to, or in excess of T1 data rates (1.544 Mbits).
HOUSEHOLD
A household
comprises all persons who occupy a dwelling unit. A dwelling unit is a house, an apartment or other group of rooms
or a room that constitutes separate living quarters. A household includes the related persons (the head of the
household and others in the dwelling unit who are related to the head of the
household) and also any lodgers or employees who regularly live in the
house. A person living alone or a
group of unrelated persons sharing the same dwelling unit as partners is
counted as a household.
IDENTIFICATION
NUMBER
An identifying
number of a particular model of ÒConforming DeviceÓ attested by a manufacturer
or supplier to comply with the standards and procedures set forth in the
Federal Communications CommissionÕs Part 68.
INDIVIDUAL LINE
SERVICE
A classification of
exchange service furnished under these General Terms and Conditions provisions
which provides that only one exchange access line shall be served by the
circuit connected.
INITIAL
NONRECURRING CHARGE
A nonrecurring
charge made for the furnishing of telephone services, which may apply in
addition to service connection charges.
INITIAL SERVICE PERIOD
The minimum period
of time for which service is provided, which is typically one month unless
otherwise specified in these General Terms and Conditions
INTEREXCHANGE
PRIVATE LINE
A communication path
between two or more serving areas not connected for exchange telephone service.
INTERFACE
The junction or point of interconnection between two systems or
equipment having different characteristics which may differ with respect to
voltage, frequency, speed of operation, type of signal and/or type of
information coding including the connection of other than Company‑provided
facilities to exchange facilities provided by the Company.
The point of interconnection between Company equipment and
communications facilities on the premise of the Customer. Also referred to as demarcation point.
INTERFACE EQUIPMENT
Equipment provided
by the Company at the interface location to accomplish the direct connection of
facilities provided by the Company with facilities provided by other than the
Company.
INTERLATA
Long distance
message telecommunications service where point locations are in a different
local access and transport area (LATA).
INTRALATA
Long distance
message telecommunications service where service point locations are within the
same local access and transport area (LATA).
INTRAEXCHANGE
CHANNEL SERVICE
Channel connecting
two or more Òprimary terminationsÓ in the same exchange.
JACK
A fixed socket
designed to permit the establishment of a connection between the local exchange
facilities and terminal equipment equipped with cords ending in plugs.
KEY EQUIPMENT
Switching keys
located in the telephone base or other housing arranged to pick up or hold a
line, or to communicate with other telephones in the CustomerÕs communications
system.
KEY SYSTEM LINE
A circuit connecting
key system equipment with a central office.
KEY TELEPHONE
SET
A telephone set
equipped with keys or buttons in the housing.
KEY TELEPHONE
SYSTEM
An arrangement of
equipment in combination with telephone sets and associated keys, to connect
those telephones to any one of a limited number of exchange, PBX, intercom or
private lines. Line status
indicating, signaling, holding or other features, are or may be incorporated.
LOCAL ACCESS AND
TRANSPORT AREA (LATA)
Denotes a geographic
area established for the administration of telecommunications service. It encompasses designated local
operating Company serving area
which are grouped to serve common social, economic, and miscellaneous purposes.
LOCAL CALLING
AREA
See ÒLocal
Service Area.Ó
LOCAL CHANNEL
Applies
to that portion of a channel that connects a station to the interexchange
channel or to a channel connecting two or more exchange access lines within an
exchange area
LOCAL EXCHANGE
SERVICE
Telecommunications
service provided within an exchange for the purpose of establishing connections
between Customer premise within the exchange, including connections between a
Customer premise and a long distance service provider serving the exchange. Local exchange service may also be
referred to as local exchange telephone service.
LOCAL MESSAGE
A communication
between two or more exchange access lines within the local service area of the
calling telephone.
LOCAL MESSAGE
CHARGE
The charge that applies
for a completed message that is made when the calling exchange access line and
the called exchange access line are both within the same local calling area
where a local message charge is applicable.
LOCAL SERVICE
The
intercommunication (by means of facilities connected with the Company central
office or offices and under the provisions of the Company) between exchange
access lines located in the same exchange or in different serving area between
which no toll rates apply.
LOCAL SERVICE
AREA (LOCAL CALLING AREA)
The area within
which telephone service is furnished customers under a specific schedule of
exchange rates (flat or measured) and without toll charges. A local service area may include one or
more exchange areas under an extended area service arrangement.
LOCAL SERVICE
CHARGE
The charge for
furnishing facilities to enable a Customer to send or receive
telecommunications within the local service area. This local service calling area may include one or more
exchange areas.
LONG DISTANCE MESSAGE
TELECOMMUNICATION SERVICE
Facilities
furnished by means of wire, radio or a combination thereof for
telecommunications between service points in different local service areas in
accordance with the regulations and system of charges specified by the Company.
MAINTENANCE
SERVICE CHARGE
A nonrecurring
maintenance charge applied when service difficulty or trouble results from the
use of Customer‑provided equipment or inside wiring.
MESSAGE
A communication
between two or more exchange access lines. Messages may be classified as local or toll.
MILEAGE
The measurement
(airline, route, etc.,) upon which a charge for the use of part or all of a
circuit furnished by the Company is based.
MINIMUM CONTRACT
PERIOD
The minimum length
of time for which a Customer is obligated to pay for service, facilities and
equipment, whether or not retained by the Customer for such minimum length of
time.
NETWORK
CONTROL SIGNALING
The transmission of
signals used in the telecommunications system which perform functions such as
supervision (control, status, and charging signals), address signaling (e.g.,
dialing), calling and called number identification and audible tone signals
(call progress signals indicating reorder or busy conditions, alerting coin
denominations, coin collect and coin return tones) to control the operation of
switching machines in the telecommunications system.
NON-LISTED TELEPHONE NUMBER
A telephone number
associated with an exchange access line for which no listing appears in the
alphabetical section of a telephone directory. The number is listed in the information records and is given
out upon request.
NONPUBLISHED
TELEPHONE NUMBER
A telephone number
associated with an exchange access line which, at the request of the Customer,
is not listed in the telephone directory and is not made available to the
general public by the Company.
NONRECURRING
CHARGE
A one‑time
charge associated with certain installations, changes or transfers of services,
either in lieu of or in addition to recurring monthly charges.
A telephone located
in a different office or building from the main phone system.
ONE PARTY SERVICE
Any exchange access
line designed for the provision of exchange service to one premise.
PERMANENT
DISCONNECT
A discontinuance of
service in which the facilities used in the service are immediately made
available for use for another service.
PERSON
Includes
individuals, partnerships, corporations, governmental bodies, associations and
any other such entity.
PREMISE
The same premise
consists of:
the building or buildings, together with the surrounding land occupied
as, or used in the conduct of one establishment, business, residence, or a
combination thereof, and not intersected by a public road or by property
occupied by others.
the portion of the
building occupied by the customer, either in the conduct of his business or
residence, or a combination thereof, and not intersected by a public
thoroughfare or by space occupied by others.
the continuous property operated as a single farm whether or
not intersected by a public road.
PREMISE WIRING
All wire within a
CustomerÕs premise, including connectors, jacks and miscellaneous materials
associated with the wireÕs installation.
Premise inside wire is located on the CustomerÕs side of the CompanyÕs
premise protector. By definition,
Customer premise inside wire excludes riser, buried and aerial cable.
PREASSIGNED
NUMBER
A telephone number preassigned before service is
actually established.
PREWIRING
Any inside wiring
done at the location of a residence or business prior to the initial
installation of telephone service.
PRIMARY SERVICE
The initial
provision of voice grade access between the CustomerÕs premise and the switched
telecommunications network. This
includes the initial connection to a new Customer, the move of an existing
Customer to a new premise, or the change of a telephone number.
PRIMARY
TERMINATION
Applies to channels
which extend beyond the continuous property of a Customer or the confines of a
single building housing the first premises of more than one Customer. ÒPrimary TerminationÓ also denotes the first termination of
such a channel at a station or private branch exchange on the continuous
property of a customer. When more
than one CustomerÕs premise is located within the same building, the first
termination of such a channel at that building constitutes a Òprimary
termination.Ó For purpose of this
definition, the location of a Òprimary terminationÓ for channel services
associated with Òswitching system servicesÓ is considered to be at the
Òswitching system servicesÓ serving central office. When the Òswitching system servicesÓ serving central office
is not in the same exchange as the main location, the Òmileage service areaÓ
center for the main location will be used in lieu of the Òswitching system
servicesÓ serving central office.
PRIVATE BRANCH
EXCHANGE
An arrangement of
equipment situated on a customerÕs premises consisting of a switching apparatus
with an attendantÕs telephone, telephones connected with the switchboard, and
trunks connecting it with a central office. The Private Branch Exchange provides for intercommunications
between these telephones, for communication with the general exchange network,
and for long distance message telecommunications service.
PRIVATE BRANCH
EXCHANGE LINE
A channel connecting
the Private Branch Exchange (PBX) station or other terminal equipment with the
PBX switching equipment.
PRIVATE BRANCH
EXCHANGE TRUNKS
Trunks connecting
a private branch exchange system with a central office for communication with
the general exchange network and for long distance message telecommunications
service.
PRIVATE LINE
A circuit provided
to furnish dedicated communication between two or more directly connected
locations and not having connection with central office switching equipment.
PUBLIC
THOROUGHFARE
A road, street,
highway, lane or alley under the control of and kept by the public.
PUBLISHED
TELEPHONE NUMBER
A number which appears
in the current telephone directory, or is scheduled to appear in a forthcoming
telephone directory, and which also appears in the information records for
general public information.
RATE CENTER
A specified
geographical location within an exchange area from which mileage measurements
are determined for the application of rates between exchange areas.
REFERENCE
LISTING
The listing of a
generally accepted name of a firm or corporation followed by a reference to
another listing.
REGISTERED
TERMINAL EQUIPMENT
Terminal equipment
which is registered in accordance with Part 68 of the Federal Communications
CommissionÕs Rules and Regulations.
RESIDENTIAL
SERVICE
Telecommunications
service furnished to Customers when the actual or obvious use is for domestic
purposes.
ROTARY HUNTING
SERVICE
A central office
service arrangement whereby a called busy line in a specified line group will
automatically advance until an idle line or trunk is found.
SERVICE CHARGE
A nonrecurring
nonrefundable charge for work required to establish initial service or to make
subsequent additions to, moves, or changes in that service.
SERVICE DROP
Facilities used to
connect buried, aerial or underground distribution facilities to the point of
entrance to the building where connection is made with the inside wires of a
CustomerÕs telephone.
SERVICE WIRE
CENTER
A
central office location where telephone feeder and distribution cables are
terminated.
SERVING CENTRAL
OFFICE
The central office
from which a CustomerÕs telephone service is normally provided.
SIGNAL
CONDITIONING EQUIPMENT
That equipment
connected to a channel to condition signals generated by data terminal
equipment.
SINGLE
CHANNEL (Half Duplex)
A channel with the
capability of transmission alternately in either direction, or for transmission
in one direction only.
SPECIALIZED
CUSTOMER PREMISE EQUIPMENT
Terminal equipment
required by persons with impaired hearing, speech, vision or mobility.
STATION EQUIPMENT
Customer‑owned or leased equipment connected to a
channel to transmit and/or receive voice communications and/or data signals.
SUPERSEDURE OF
SERVICE
An Applicant who
otherwise qualifies for the immediate establishment of service may supersede
the service of a Customer discontinuing that service when the Applicant is to
take service on the premise where service is being rendered, and if a notice to that effect from both
the Customer and the Applicant is presented to the Company, and if an
arrangement, acceptable to the Company, is made to pay outstanding charges
against the service. The Company
may require such notice to be in writing.
SUPPLEMENTAL
CONTRACT
A contract for
service, equipment or facilities in addition to that provided for under the
original contract.
SUSPENSION OF
SERVICE
An arrangement made
at the request of the Customer, or initiated by the Company, for temporarily
interrupting service.
TELECOMMUNICATION
SERVICES
The various services
offered by the Company as specified in these General Terms and Conditions.
TELEPHONE COMPANY
See
ÒCompany.Ó
TELEPHONE
NUMBER
A numerical
designation assigned to a Customer for convenience in operation and
identification. The telephone
numbers include the number prefix of a central office, which is termed Òcentral
office designation.Ó
TELEPHONE SOLICITATION
An unsolicited
telephone call.
TEMPORARY
DISCONNECTION
See
ÒSuspension of Service.Ó
TEMPORARY SERVICE
The provision of
service definitely known to be required for a short period of time (generally
less than twelve consecutive months) such as, but not limited to, service
furnished to building contractors, service to a convention, and service for
seasonal business including resorts.
TERMINATION
AGREEMENT
An agreement
between the Company and the Customer to provide or furnish certain lines or
equipment representing a comparatively high investment or in lieu of a
contribution to construction for temporary service whereby the Customer agrees
to compensate the Company in case the service is discontinued prior to the date
specified in the agreement.
TERMINATION
CHARGE
A charge made to
liquidate a CustomerÕs obligations for termination of service prior to the
expiration of the initial contract period.
TERMINATION OF
SERVICE
The discontinuance
of service or facilities provided by the Company, either at the request of the
Customer or by the Company under its regulations concerning cancellation for
cause.
TIE LINE
A circuit connecting
two switching systems (e.g., Private Branch Exchange and/or Automatic
Call Distribution Systems) for the purpose of intercommunicating between the
stations connected.
TOLL MESSAGE
A communication
between two exchange access lines, the called access line being outside of the
local or service area of the access line from which the message originates.
TOLL RATE
The initial period
charge prescribed for a toll message usually based upon a minimum initial
period and distance between serving area.
TOLL SERVICE
That part of the
total telephone service rendered either by the Company or through the CompanyÕs
access to Long Distance Providers and which is furnished between different
local service areas in accordance with the rates and regulations of the
appropriate Long Distance Service Provider.
TRUNK LINE
A telephone
communication channel between a central office and a Private Branch Exchange,
or a Key System for the common use of all calls or one class between its two
terminals.
UNDERGROUND
SERVICE CONNECTION
A drop wire or
cable which is run underground from a pole line or an underground distributing
cable.
VOICE GRADE
FACILITY
A communications
path typically used in the telecommunications industry for the `transmission of
voice and associated telephone signals within the frequency bandwidth of
approximately 300 to 3000 Hertz between two points comprised of any form or
configuration of physical plant capable of transmitting and receiving these
frequencies.
WIDE AREA
TELECOMMUNICATIONS SERVICE (WATS)
A service designed
to meet the needs of customers who make or receive substantial volumes of long
distance telephone calls. This
service is only provided on an inward or outward basis.
WIRE CENTER
A central office location where telephone feeder and
distribution cables are terminated.
GENERAL RULES AND REGULATIONS
GENERAL APPLICATION
The rules and regulations set out in these General Terms and Conditions apply to the services and associated facilities furnished by the Company within its operating territory in the ÒServing AreaÓ portion of this website.
Complete General Terms and Conditions containing all rates for Local Exchange Service will be kept at all times in the CompanyÕs local business office where they will be available for public inspection during regular business hours. Copies may be obtained at reproduction cost.
Failure on the part of any customer to observe
these rules and regulations of these General Terms and Conditions gives the Company the right to cancel
all contracts and discontinue the furnishing of service.
ESTABLISHING SERVICE
Availability of
Facilities
The
rates and charges quoted in these General
Terms and Conditions provide for the furnishing of
service and facilities where suitable facilities are available.
The Company shall not be liable for failure to furnish service where facilities are not available.
When service and facilities are provided in part by
the Company and in part by other connecting companies the regulations of the
Company apply to that portion of the service and facilities furnished by the
Company.
Application for
Service
Applications for service or requests or orders by the
Customer for additional services or facilities may be made orally, or in
writing when deemed necessary by the Company, and shall constitute a contract
when accepted by authorized employees or agents of the Company, or upon
establishment of service.
Cancellation or Change in Application for Service
Where the Customer cancels an application for service
prior to the start of installation of service or of special construction no
charge applies.
Where installation of service has been started prior
to the cancellation, a Cancellation Charge equal to the Service Order Charge
may apply.
When a Customer requests a change in location of all
or a part of the facilities covered by the application for service, or
additions, rearrangements, or modifications of existing service prior to
completion of the work involved, the Customer is also required to pay the
amount of additional costs and expenses incurred by the Company in completing
the work as changed.
Refusal of Service
Grounds for Refusal of Service:
The Company may refuse to serve an Applicant for any
one of the following reasons:
The ApplicantÕs installation or equipment is known to
be inadequate, hazardous or of such character that satisfactory service cannot
be given.
For refusal to make a deposit if the
Applicant/Customer is required to make a deposit under the requirements
outlined in these General Terms and Conditions.
ApplicantÕs Recourse
In the event the Company refuses to serve an
Applicant, the Company will inform the Applicant of the reasons for its
refusal.
In the event the Applicant believes the CompanyÕs
refusal of service is unjustified, the Applicant may appeal the refusal with
the Consumer Services Department at the Public Utilities Commission of Ohio.
Transfer, Assignment, or Supersedure of Service
Service previously furnished to one (1) Customer may
be assumed by a qualified new Customer without lapse in the rendition of
service at the exact premise where service is currently rendered.
The Company may require written notice of a CustomerÕs
intent to assume existing service.
Minimum Service Periods
Unless otherwise specified
elsewhere in these General Terms and
Conditions, the minimum service period for
all services offered in these General Terms and Conditions is one (1) month beginning on and including the
day following the establishment of service. The minimum service period relates to each applicable unit
of service, either on the initial or subsequent installations. For purposes of administration, each
month is considered to have thirty (30) days.
Priority of Establishment of Service
Applications for service in a particular exchange will
be completed in the chronological order of their receipt to the extent
practical and economical, and depending on the availability of facilities.
FURNISHING
OF SERVICE
Provision and Ownership of Service and Facilities
Service and facilities furnished
by the Company on the premise of a Customer or Authorized User are the property
of the Company and are provided upon the condition that such service and
facilities, except as expressly provided in these
General Terms and Conditions, must be
installed, relocated, and maintained by the Company. Company employees and agents may enter said premise at any
reasonable hour to install, to inspect, or to repair any part of the CompanyÕs
facilities on the CustomerÕs premise, or to remove such facilities which are no
longer necessary for the provision of service.
Company Facilities at Hazardous or Inaccessible
Locations
Where service is to be established or maintained at a
location that would involve undue hazards or where accessibility is
impracticable to employees of the Company, the Company may refuse to furnish
such service and/or the Customer may be required to install and maintain the
CompanyÕs facilities in a manner satisfactory to the Company. The Customer will reimburse the Company
for any unusual costs involved.
The Customer shall indemnify and hold the Company
harmless from any and all loss, claims, or damage by reason of the installation
and maintenance of such service and/or facilities.
Protective Equipment
Protective equipment is required when a hazardous
electrical environment is present at a CustomerÕs premise and when the
estimated rise in ground potential is sufficient to cause damage to Company
facilities or to endanger the safety of the CompanyÕs employees or
Customers. The Customer must
provide the protective equipment subject to Company specifications.
Other special protective equipment and/or neutralizing
transformers, isolating transformers, drain coils for use in providing service
to CustomerÕs premise where there are high ground potentials, even though not
required, may be provided by the Customer, subject to specifications, or in
accordance with the rates, terms and conditions of these General Terms and
Conditions.
All equipment connected to the CompanyÕs facilities
and the telecommunications network shall meet the provisions of Part 68 of the
Federal Communications CommissionÕs Rules and Regulations.
Telephone Numbers
Telephone numbers are the property of the Company and
are assigned to the service furnished the Customer. The Company reserves the right to change such numbers and/or
the central office name associated with such numbers assigned to the Customer,
whenever the Company deems it necessary to do so in the conduct of its
business.
The Company shall list each Customer with directory
assistance except those numbers not listed at the CustomerÕs request.
Classifications of
Service
Basis for Classification
The determination as to whether Customer service
should be classified as business or residence service is based on the character
of the use to be made of the service and facilities. This consideration is, in all cases, the basis upon which
the rates for any particular service are classified, and any indices of such
character of use should be applied with this primary definition in mind.
The Company reserves the right to classify any local
service furnished a Customer as business or residence service, in compliance
with these General Terms and Conditions.
Application of Business Rates
Business rates apply whenever the use of the service
is primarily or substantially of a commercial, professional, institutional, or
otherwise occupational nature, or where the listing required is such as to
indicate business use.
Application of Residence Rates
Residence rates apply when the use of the service is
of a domestic nature, provided that service is not used substantially for
occupational purposes.
Changes in classification between residence and
business service may be made without change to telephone number if the Customer
so desires.
Installation, Maintenance, and Repair of Facilities
All ordinary expense of installation, maintenance, and
repairs of Company equipment and facilities, unless otherwise specified in
these General Terms and Conditions, is borne by the Company. Where special conditions or
requirements of the Customer involve unusual construction or installation
costs, the Customer may be required to pay a reasonable proportion of such
costs. In case of damage, loss,
theft, or destruction of any of the CompanyÕs property due to the negligence or
willful act of the Customer or other persons authorized to use the service and
not due to ordinary wear and tear, the Customer shall be required to pay the
actual expense incurred by the Company in connection with replacement of the
property or the expense incurred in restoring it to its original condition.
The Customer shall not install, disconnect, rearrange,
remove, or attempt to repair any facilities owned and furnished by the Company
or permit others to do so, except upon the written consent of the Company or as
otherwise specified in the CompanyÕs applicable General Terms and
Conditions. The Company shall have
the right to charge the Customer for losses experienced as a result of
unauthorized tampering.
The Customer may be billed the applicable Minimum
Service Charge for each physical service call to the CustomerÕs premise where
off‑hook condition is found.
The Minimum Service Charge will be the minimum premise visit charge as
listed in these General Terms and Conditions.
Work Performed Outside Regular Working Hours
The rates and charges specified in these General Terms
and Conditions contemplate that all work in connection with furnishing or
rearranging service will be performed during regular working hours. Whenever a Customer requests that work
necessarily required in the furnishing or arranging of his service be performed
outside the CompanyÕs regular working hours, or that work already started
should be interrupted, the Customer may be required to pay the amount of
additional costs the Company incurs as a result of the CustomerÕs special
requirements, in addition to the other rates and charges specified in these
General Terms and Conditions.
USE
OF SERVICE AND FACILITIES
Use of Service
The Company may refuse to install or may terminate a
CustomerÕs service if it is located on premise that is public or semi‑public
in nature and is not used for the serviceÕs intended use.
Services provided by the Company may not be resold by
the Customer or used in any manner from which the Customer receives
compensation except as specified below:
Services the Company provides on a wholesale basis to
other certified carriers.
Wholesale services will be provided to other certified
carriers on a contractual basis.
The Customer is responsible for payment of all charges
of the Company for all services ordered by the Customer, including those that
are shared or resold as provided herein.
Accessories Provided by the Customer
No equipment, accessory, apparatus, circuit or device
shall be attached to or connected with the Company facilities except as
provided in these General Terms and Conditions. In case any such unauthorized attachment or connection is
made, the Company shall have the right to remove or disconnect the same, to
suspend service during the continuance of said attachment or connection, or to
disconnect service. The Customer
shall be held responsible for the cost of correcting any impairment of service
caused by the use of such attachments or connections and shall be billed for
each service call made to his/her premises because of the use of such
attachments or connections.
Limit On Communication
The Company reserves the right to limit the length of
communications when necessary due to a shortage of facilities caused by
emergency conditions.
Unlawful, Abusive, or Fraudulent Use of Service
The service is furnished subject to the condition that
it will not be used for any unlawful purpose. Service will be discontinued, after proper written notice,
if any law enforcement agency, acting within its apparent jurisdiction, advises
in writing that such service is being used in violation of law. The Company will refuse to furnish
service when it has reasonable grounds to believe that such service will be
used in violation of law. The
Company shall in no event be liable for any damage resulting from any action
taken or threatened pursuant to this Section.
The Company may suspend or terminate telephone
service, upon proper notice,
to any person(s), firm or corporation who: uses or permits the use of
foul, abusive, obscene or profane language over the facilities furnished by the
Company; or impersonates or permits impersonation of any other individual with
fraudulent or malicious intent; or uses or permits their telephone to be used
to make calls whether anonymous or otherwise in any manner which could
reasonably be expected to frighten, abuse, torment, or harass another; or uses
the service in such a manner as to interfere in any way with the service of
others. (proper notification
procedures are listed in Section ÒDiscontinuance of ServiceÓ below)
DISCONNECTION,
TERMINATION OR SUSPENSION OF SERVICE
Discontinuance of Service
Non-payment Service Interruption
In the event of a proposed disconnection of local
service, the following procedures shall apply:
A SubscriberÕs bill shall not be due earlier than
fourteen (14) days from the date of the postmark on the bill. If the bill is not paid by the due
date, it then becomes past due.
The company complying with the conditions set forth in
this rule may disconnect service during its normal business hours; however, no
disconnection for past due bills may be made after twelve thirty p.m. on the
day preceding a day that all services necessary for reconnection are not
available.
No Local Service can be disconnected for non-payment
of Local Service Charges unless the utility has given the affected Customer a
written notice of the proposed disconnection postmarked at least seven (7) days
before the proposed date of disconnection. The notice must include:
A statement that failure to pay the amount required at
the CompanyÕs office or to one of its authorized agents by the date specified
on the notice may result in the disconnection of local or toll services;
The earliest date when disconnection will occur;
The reason(s) for disconnection and any actions which
the subscriber must take in order to avoid the disconnection, including the
total amount required to be paid (which shall not be greater than the past due
balance);
The total amount due to avoid disconnection of local
service, which must be listed separately from charges for regulated toll and
charges for unregulated services;
The total amount due for toll
charges and a statement that nonpayment of toll charges may result in the
disconnection of toll service;
The total amount due for
nonregulated charges and a statement that nonpayment of such charges cannot
result in the disconnection of local service or regulated toll service;
The address and telephone number
of the office that the Subscriber may contact in reference to the Subscriber's
account;
The following statement:
If your questions are not
resolved after you have called the Company, customers may call the Public
Utilities Commission of Ohio (PUCO), toll free at 1-800-686-7826 or
1-614-466-3292 or for TDD/TYY toll free at 1-800-686-1570 or 1-614-466-8180
from 8:00 a.m. to 5:00 p.m. weekdays, or visit the PUCO website at
www.puco.ohio.gov.
Residential customers may call The Ohio Consumers' Counsel (OCC), toll free at
1-877-742-5622 from 8:30a.m. to 5:30 p.m. weekdays, or visit the OCC website at
www.pickocc.org; and
A statement that an additional
charge for reconnection may apply if service is disconnected. The statement shall also include a
notice that payments to an unauthorized payment agent may result in the
untimely or improper crediting of the SubscriberÕs account.
Disconnection With Notice
Local service may only be disconnected for Subscriber
nonpayment of charges for local services regulated by the Commission. Local service is defined as every
regulated service provided by the Company other than toll service and 900 and
976-like services.
The Company must notify, or attempt to notify through
any reasonable means, a subscriber before service is refused or disconnected
when any of the following conditions exist:
a violation of or noncompliance with the Company's
rules or these General Terms and Conditions on file with the Commission;
a failure to comply with Municipal ordinances or other
laws pertaining to telecommunications services;
a refusal by the Subscriber to permit the Company
necessary access to its facilities or equipment; or
the Subscriber has committed a fraudulent practice as
set forth and defined in these General Terms and Conditions on file.
No notice is required prior to disconnection when:
An emergency may threaten the health or safety of a
person, or the CompanyÕs distribution system. If service is disconnected, the Company shall act promptly
to restore service as soon as possible;
A SubscriberÕs use of telecommunications equipment
adversely affects the CompanyÕs equipment, its service to others, or the safety
of the CompanyÕs employees or Subscribers; or
A Subscriber tampers with facilities or equipment
owned by the Company.
Disconnection of Toll Service
Toll service may be disconnected
for Subscriber nonpayment of toll service, subject to the following conditions.
Toll disconnection procedures
shall comport with all applicable
billing, notice, credit/deposit, and disconnection standards and shall be
defined in these General Terms and
Conditions.
The Company may enforce the Commission-approved disconnection procedures of a separate
provider of toll services pursuant to a contract entered into between the
Company and the separate toll service provider.
Partial payments by the Customer
to the Company will be apportioned by the Company, to the CompanyÕs regulated
local service charges before being applied to any toll charges provided by the
Toll Provider. In addition,
charges will apply to all regulated services before being applied to charges
for non- regulated
services.
Reconnection of Local and Toll Service
Unless prevented by circumstances beyond the Company's
control or unless a Subscriber requests otherwise, each telecommunications
provider shall reconnect previously disconnected service by five p.m. on the
next business day following either:
Receipt by the Company or its authorized agent of the
full amount in arrears for which service was disconnected, or upon verification
by the Company that conditions which warranted disconnection of service have
been eliminated; or
Agreement by the Company and the Subscriber on a
deferred payment plan and a payment, if required, under the plan.
Before restoring service under this rule, the Company
may not insist upon payment of any amount that has not been included on a
notice of disconnection.
CUSTOMER RELATIONS
General
The Company will maintain a current set of maps
showing the physical locations of its facilities and telephone exchange
locations. Each central location
will have available up‑to‑date maps or records of its immediate
area, with such other information as may be necessary to enable the Company to
advise applicants and others entitled to the information, as to the facilities
available for serving that locality.
Upon request for service by an Applicant or upon
request for transfer of service by a Customer, the Company shall inform the
applicant or Customer of the CompanyÕs lowest priced alternatives available at
the CustomerÕs location. The
Company shall provide this information beginning with the lowest priced alternative
and giving full consideration to applicable service or equipment options and
Installation Charges.
The Company will post a notice in a conspicuous place
in each business office of the Company where applications for service are
received informing the public that copies of the rate schedules and rules
relating to the services of the Company, as filed with the Commission, are
available for inspection.
The Company will provide to all new telephone utility Customers, at the
time service is initiated, a pamphlet or information packet advising the
Applicant of his or her rights as a Customer. This information shall inform the Customers concerning their
right to request information relating to rates and services; bill payment
policies; regulations in regard to termination of service; billing disputes;
information about alternative payment plans; reconnection of service after
involuntary termination; Customer complaints, supervisory review by the Company
and registering a complaint with the Commission; Company business office hours,
addresses and telephone numbers; deposits; statement of nondiscrimination; and
availability of any special services such as readers or notices in Braille, as
well as the telephone number of the teletypewriter for the deaf at the Commission.
Customer Complaints
Upon complaint to the Company by a Customer either at
the CompanyÕs office by letter or by telephone, the Company shall promptly make
a suitable investigation and advise the complainant of the results thereof
within ten (10) business days.
In the event the complainant is dissatisfied with the
CompanyÕs report, the Company will advise the complainant of the Commission
complaint process, and inform the complainant that they may contact the
CommissionÕs Public Interest Center.
Upon receipt of a complaint, either by letter or by
telephone, from the Commission on behalf of a Customer, the Company shall make
a suitable investigation and advise the Commission within ten (10) days of the
results thereof.
The Company shall keep a record of all complaints
which shall show the name and address of the complainant, the date and nature
of the complaint, and the adjustment or disposition thereof, for a period of
two years subsequent to the final settlement of the complaint. Complaints with reference to rates or
charges, which require no further action by the Company, will not be recorded.
Applicant or Customer Deposit
Definition of Applicant and Customer
For purposes of this subsection, an Applicant is
defined as a person who applies for service for the first time or reapplies at
a new or existing location after discontinuance of service. Customer is defined as someone who is
currently receiving service or has received service in the past.
Establishment of Financial Responsibility
The Company may require service applicants to
establish financial responsibility as a condition precedent to establishing
service. Both may rely on
pertinent information obtained from credit reporting bureaus in determining
wether creditworthiness need be established. However, a service applicant cannot be denied service, on
creditworthiness grounds, unless the service applicant has been provided an
opportunity to establish financial responsibility through every means available
for doing so provided for in Chapters 4901:1-5 and 4901:1-17 of the Ohio
Administrative Code.
Deposits
Deposits may be required and will be determined by
individual CustomerÕs payment history or by standard means of determining
credit worthiness.
Payment for Service
A Customer shall be responsible
for the payment of all charges for services and equipment furnished the
Customer, including charges for services originated and/or charges accepted at
the Customer telephone. Failure to
receive a bill or disconnect notice does not relieve the Customer of the
responsibility for payment provided the Company has followed procedures for
proper Customer notification. The
services or facilities furnished by the Company may be suspended for failure of
the Customer to pay any sum due as set forth under Sections concerning
discontinuance of service.
Subscriber Bills
Subscriber bills for local services shall be rendered
monthly, unless a different schedule is requested by the Subscriber, and state
the following:
The Company's name, toll free telephone number(s) and
e-mail address and/or website, if applicable, for Subscriber inquiries about
the bill;
The SubscriberÕs name, billing address, telephone
and/or account numbers;
The date of the bill, the
beginning and ending dates of the billing period, and the due date of the bill;
The current monthÕs charges, all
credits applied to the account during the current billing period, all unpaid
charges from previous bills, and all late payments;
All charges for regulated
competitive telecommunications services;
All charges for local extended
area service calls, including any usage-sensitive charges for such calls, if
applicable;
All nonrecurring, fractional, or
non-basic service charges;
All charges for non-regulated
services or products that appear on the Subscriber's bill;
All applicable taxes and
surcharges, including a brief description;
All 9-1-1 charges in a clearly
identifiable manner, if applicable;
The total amount to be paid,
including a statement as to how and where to pay the bill;
An explanation of codes and
abbreviations used; and
The following statement:
If your questions are not resolved after you have called the Company, customers
may call the Public Utilities Commission of Ohio (PUCO), toll free at
1-800-686-7826 or 1-614-466-3292, or for TDD/TYY toll free at 1-800-686-1570 or
1-614-466-8180, from 8:00 a.m. to 5:00 p.m. weekdays, or visit the PUCO website
at www.puco.ohio.gov.
Residential customers may call the Ohio Consumers' Counsel (OCC), toll free at
1-877-742-5622 from 8:30 a.m. to 5:30 p.m. weekdays, or visit the OCC website
at www.pickocc.org.
A listing of current charges on
a SubscriberÕs bill for local service must include an itemization of all
charges, the type of service, and call characteristics. Subscribers bills will conform to the
requirements of 4901: 1-5-15, O.A.C.
Pro Rating of Charges
Charges for service normally
furnished on a monthly basis (except those involving a minimum billing period)
billed for periods in excess of, or less than, a billing month will be pro
rated.
Suspended or Disconnected
Service
Should service be suspended for
nonpayment of charges, it will be restored only as provided for in these General Terms and Conditions.
When service has been
disconnected for nonpayment, the service agreement is considered to have been
terminated. Re-establishment of
service may be made only upon the execution of a new service agreement which is
subject to the provisions of these
General Terms and Conditions.
Payment Arrangements
The Company may agree to a
payment arrangement, whereby an outstanding bill will be paid after the due
date of the bill, but before the due date of the next bill if a Customer so
requests. Other payment
arrangements may be agreed on depending upon individual circumstances. If the Customer does not fulfill the
terms of such payment arrangements, the Company shall have the right to
disconnect service.
Late Payment Charge
All charges are due on or before the due date set
forth in the customer bill. The
postmarked date of mailed remittances will be deemed the date of payment.
A late payment charge of $2.00 or 1%,
whichever is greater, remaining on any bill not paid by the 15th day
after the bill is rendered will be assessed. A late payment charge is not applicable to subsequent
rebilling of any amount to which a late payment charge has already been
applied. Late charges are to be
applied without discrimination.
Disputed Bills
In the event of a dispute between a Customer and the
Company regarding any bill for utility service, the Company shall forthwith
make such investigation as shall be required by the particular case, and report
the results thereof to the Customer and, in the event the dispute is not
resolved, shall inform the Customer of the complaint procedures of the Commission.
A CustomerÕs service shall not be subject to
discontinuance for nonpayment of that portion of a bill under dispute pending
the completion of the determination of the dispute. The Customer is obligated to pay any billings not
disputed. Undisputed amounts are
subject to discontinuance of service.
Any Customer or Applicant for service requesting the
opportunity to dispute any action or determination of the Company under the
Customer service rules as set out in the CompanyÕs General Terms and Conditions
shall be given an opportunity for a supervisory review by the Company. If the Company is unable to provide a
supervisory review immediately following the CustomerÕs request for such
review, arrangements for the review shall be made for the earliest possible
date. Service shall not be disconnected pending completion of the review. If the Customer chooses not to
participate in such review or to make arrangements for such review to take
place within thirty (30) days after requesting it, the Company may disconnect
service, providing notice has been issued under standard disconnect
procedures. Any Customer who is
dissatisfied with the review by the Company will be informed of their right to
file a complaint and/or request a hearing before the Commission. The results of the supervisory review
must be provided in writing to the Customer within ten (10) days of the review.
LIABILITY OF THE COMPANY
Service Irregularities
The liability of the Company for damages arising out
of mistakes, omissions, interruptions, delays, errors, or defects in
transmission, or failure or defects in facilities furnished by the Company,
occurring in the course of furnishing service or other facilities and not
caused by the negligence of the Company in failing to exercise reasonable
supervision or to maintain proper standards of maintenance and operation, shall
in no event exceed an amount of equivalent to the proportionate Local Service
Charge to the Customer for the period of service during which such service
irregularities occur and continue.
However, any such mistakes,
omissions, interruptions, delays, errors, or defects in transmission, or
failure or defects in facilities furnished by the Company, which are caused or
contributed to by the negligence or willful act of the Customer, Authorized
User, or Joint User or which arise from the use of Customer provided premise
equipment shall not result in the imposition of any liability whatsoever upon
the Company.
Use of Facilities of Other Connecting Carriers
When suitable arrangements can
be made, facilities of other connecting carriers may be used in conjunction
with the CompanyÕs facilities in establishing connections to points not reached
by those facilities. Neither this
Company nor any connecting carrier participating in a service shall be liable
for any act or omission of any other Company or companies furnishing a portion
of such service.
Indemnifying Agreement
The Company shall be indemnified
and saved harmless by the Customer against: claims for libel, slander, or the
infringement of copyright arising directly or indirectly from the material
transmitted over Company facilities or the use thereof.
Defacement of Premise
The Company is not liable for
any defacement or damage to the premise of a Customer resulting from the
furnishing of service or the installation, attachment, or removal of the
facilities furnished by the Company on such premise unless such damage is
created by the CompanyÕs negligence or intentional.
INDIVIDUAL
CASE BASIS (ICB) ARRANGEMENTS
General
Arrangements will be developed on an individual case
basis in response to bonafide requests from a Customer or Applicant to develop
a competitive bid for a service offered under these General Terms and
Conditions. Rates quoted in
response to such competitive requests may be different than those specified for
the services in these General Terms and Conditions. ICB rates will be offered to the Customer or Applicant in
writing and on a non-discriminatory basis. ICB rates and/or contracts will be filed with the
Commission.
TEMPORARY PROMOTIONAL
PROGRAMS
General
The Company may from time to time engage in special
promotions of limited duration of its service offerings designed to attract new
customers or to increase existing customer awareness of a particular offering. Waiver of any charges other than a nonrecurring charge shall
be limited to 90 calendar days on a per customer basis during a 12-month
period. Requests for promotional
offerings will be presented to the Commission for its review in accordance with
Case No. 95-845-TP-COI.
SERVICE
CHARGES
DEFINITIONS
Account
A CustomerÕs record relating to
his/her service or equipment billed to a telephone number. Service may be located on one (1) or
more premise as long as it is part of his/her main telephone system and billed
to the main telephone number.
Service Charge Elements
Service Order Charge
The CompanyÕs charge associated with the receipt,
recording and processing of information in connection with a CustomerÕs or
ApplicantÕs request for service to be provided to the same account, at the same
time and on the same premise or continuous property.
Customer Premise Visit Charge
The CompanyÕs charge associated with a trip to the
Customer/ApplicantÕs premise to comply with the Customer/ApplicantÕs request to
establish service.
APPLICATION
OF CHARGES
General
Service Charges are in addition to other rates and
charges normally applied under these General Terms and Conditions, and are
applicable for all services furnished to the Customer as indicated throughout.
The Service Charges specified in these General Terms
and Conditions are intended to cover costs incurred by the Company to
establish, add to, or to rearrange service as requested by the Customer.
The Service Charges in this Section are applicable to
work performed during normal working hours, on days of the week other than
weekends or holidays. If the
Customer requests that work be performed at hours outside of the normal
business hours (9:00 a.m. to 5:00 p.m.) or business week (Monday - Friday), or
interrupts work once begun, an additional charge applies based on the
additional costs incurred by the Company.
Except as otherwise provided in this Section, all
changes in location of CustomerÕs equipment or service from one (1) premise to
another are treated as new service connections and the appropriate Service
Charges will be applied.
Payment of Service Charges may be required at the time
of application for service, or upon presentation of a bill. If an application
for residential telephone service is accepted, the Company shall offer the
option of deferred payment arrangements on telephone installation charges. If
the deferred option is chosen, the installation charges shall be spread over a
period of three (3) months.
Service Charges are not applicable for:
Moves or changes required for normal maintenance and
repair of the CompanyÕs service.
Change or correction in billing name or address when
there is not a change in responsibility and no connection, disconnection, move
or change in the service.
An upgrade or regrade of service for Company reasons.
The connection of telephone sets or other terminal
equipment when no line connection or central office access work is required.
Telephone number changes for Company reasons.
When existing Customers disconnect their Local
Exchange Access Service.
Blocking access to 976 or like service, provided that
the blocking is requested either at the time the telephone service is
established at a new number or within sixty (60) days of the establishment of
the service.
Specific Application of Service Charges
Service Order Charges
Service Order Charges are applicable:
For requests to establish an account for initial
connection of service.
For connection of additional local exchange access
lines, private lines or detached access lines to an established service.
For changes and transfers of service involving a
change in name and responsibility, except in the case of a surviving spouse who
has established service.
For restoration of service disconnected for non‑payment
of telephone bills.
For subsequent requests for service, for restoration
of service at the CustomerÕs request, and for requests for change in class or
grade of service.
For service ordered while that Customer has a pending
service order and which requests services that cannot be included on the
pending service order.
For additions, moves or changes of lines in the same
building or in different buildings on the same premise.
For each telephone number changed at the CustomerÕs
request, including number changes to provide trunk hunting. No charge is
applicable for a number change initiated by the Company.
For changes to a directory listing if a Customer
requests this change more than once in a calendar year.
When two (2) or more segments of a local private line
or detached access line are bridged in the central office. In this event, a Service Order Charge
will apply for each segment of the affected line
Customer Premise Visit Charge
A Premise Visit Charge is applicable when a trip to
the CustomerÕs premise is required to complete work requested by a Customer, as
shown on the related Service Order.
Only one (1) Premise Visit Charge will apply in
connection with the same service order.
A Premise Visit Charge is not applicable to complete
disconnection of service or a change in service or facilities initiated by the
Company.
SCHEDULE
OF SERVICE CHARGES
Service Ordering Charge:
Business Residence
For connecting new or additional
central office lines, per Service Order
Initial Order $
11.00 - $ 60.78 $
9.85 - $ 46.90
Subsequent Orders $ 9.00 - $ 27.05 $
7.95 - $ 23.95
For
moving or changing existing service and equipment or adding new or additional
service and equipment other than central office lines,
per Service Order
$ 8.00 - $ 41.55 $
8.00 - $ 28.85
Premise Visit Charge – Business and
Residential
For premise visit associated with
installation of
service or other services requiring a technician
premise visit.
First 15 minutes $
9.20 - $ 64.70
Each
additional 15 minutes $
3.60 - $ 13.60
The Customer will be responsible for any specialized engineering
costs incurred up to the order cancellation date. Specialized engineering costs are accessed only when unusual
and non-customary circumstances are involved with a specific order. If specialized engineering costs are
involved, the Customer will be made aware of such costs prior to the ordering
of service. If a Customer terminates
services prior to the expiration of a contract, the Customer will be
responsible for charges within the minimum contract period or the rules of the
Fresh Look provision.
The Company will assess a charge for each
instance where a check is returned or otherwise dishonored by a bank or
equivalent business. Under
appropriate circumstances, the Company may waive the dishonored check charge.
$5.00 - $50.00 per occurrence
RESTORATION OF SERVICE
CHARGE
General
When service is temporarily suspended for nonpayment
of charges, the service will be restored upon payment of past-due charges and a
Restoration of Service Charge will be applied. Payment of the service charge is not required prior to the
reconnection of service; however, all past-due charges must be paid prior to
reconnection. If a premise visit
is necessary, additional charges will apply.
Business $5.00
- $50.00 per occurrence
Residence $5.00
- $50.00 per occurrence
CUSTOMER‑PROVIDED
EQUIPMENT AND FACILITIES
CONNECTION ON
CUSTOMER PREMISE
General
Terminal equipment, inside
wiring and/or communications systems may be connected at the CustomerÕs premise
to facilities furnished by the Company for telecommunications services, subject
to the conditions and rates set forth in this Section and as otherwise provided
in these General Terms and Conditions.
Responsibility of the Company
The
Company shall not be responsible for the installation, operation or maintenance
of any Customer‑provided terminal equipment, inside wiring or
communications system.
Telecommunications Services are not represented as adapted to the use of
all types of terminal equipment or communications systems. Where terminal equipment or
communication systems are used with Telecommunications Services, the
responsibility of the Company shall be limited to the furnishing of service
components suitable for Telecommunications Services and to the design,
maintenance and operation of service components in a manner proper for such service. Subject to this responsibility, the
Company shall not be responsible for (1) the through transmission of signals
generated by the terminal equipment or communications systems or for the
quality of, or defects in, such transmission, (2) the reception of signals by
terminal equipment or communications systems, or (3) address signaling where
such signaling is performed by signaling equipment.
At
the CustomerÕs request the Company will provide information concerning
interface parameters, including the number of ringers which may be connected to
a particular telephone line, needed to permit terminal equipment to operate in
a manner compatible with Telecommunications Services.
The Company may make changes in its
Telecommunications Service, equipment, operations or procedures, where such
action is not inconsistent with Part 68 of the FCC rules. If such changes can be reasonably
expected to render any CustomerÕs terminal equipment incompatible with
Telecommunications Service, require modification or alteration of such premises
equipment, or otherwise materially affect its use or performance, the Customer
will be given adequate notice at least thirty (30) days in advance, in writing,
to allow the Customer an opportunity to maintain uninterrupted service.
The
Company shall not be responsible to the Customer if such changes, which are not
inconsistent with Part 68 of the FCC Rules and Regulations, renders the
Customer‑provided terminal equipment, protective circuitry, or
communications systems obsolete or require modification or alteration of such
equipment.
Liability
of the Company
The
Company will not be responsible for any loss, damage or any impairment or
failure of service arising from, or in connection with, the use of terminal
equipment.
The
Company will not be liable for damages arising out of injuries to persons or
property caused by the Customer‑provided terminal equipment from voltages
or currents transmitted over the facilities of the Company.
Responsibility
of the Customer
Upon
request of the Company, the Customer shall give proper notice of intention to
the Company when connection of terminal equipment or protective circuitry is
made. The Customer also shall
provide to the Company the line(s) to which such connection is to be made, the
FCC Registration Number and the Ringer Equivalence of the registered terminal
equipment or registered protective circuitry, so as to comply with the FCC
Rules and Regulations.
The
operating characteristics of Customer‑provided terminal equipment, inside
wiring or communications systems shall be such as to not interfere with any of
the services offered by the Company, and shall conform to the network
protection criteria set forth in this Section. In addition, terminal equipment and facilities shall be operated
within the limits set forth below:
The safety of Company employees or the
public cannot be endangered.
Operation of the equipment and facilities
cannot damage, require change in, or alteration of, the equipment or other
facilities of the Company.
No interference with the proper functioning of Company
equipment or facilities.
The operation of the equipment and facilities cannot
impair the operation of the CompanyÕs facilities or otherwise injure the public
in its use of the CompanyÕs services.
Upon suitable notification to the
Customer, the Company may make such tests and inspections as may be necessary
to determine that the above requirements are being fulfilled in connection with
the installation, operation and maintenance of Customer‑owned facilities
or equipment. The Company may
interrupt the connection if at any time such action should become necessary in
order to protect any of its services because of departure from these
requirements.
Upon
notice from the Company that the terminal equipment of the Customer is causing
or is likely to cause hazard or interference, the Customer shall make such
changes as may be necessary to remove or prevent such hazard or interference,
and shall confirm in writing to the Company within ten (10) days following
receipt of notice from the Company that such changes have been made. When immediate action is required to
protect the CompanyÕs facilities from hazards caused by terminal equipment, the
Company may immediately take such action as is necessary without prior notice
to the Customer. As soon as
possible after such action is taken, the Company will inform the Customer of
the nature of the hazard and the type of remedial action taken. Failure of the Customer to remove the
hazard or make remedial changes in the terminal equipment or to give the
required written confirmation to the Company shall result in suspension of the
CustomerÕs service until such time as the Customer complies with the provisions
of these General Terms and Conditions.
The
Customer indemnifies and saves the Company harmless against claims for
infringements of patents arising from combining terminal equipment used in
connections with facilities of the Company.
Connection
at Hazardous or Inaccessible Locations
Terminal equipment and facilities which serve a
location which the Company considers impractical to serve because of hazard or
inaccessibility may be used or connected with facilities of the Company for
Telecommunications Service through connecting equipment furnished by the
Company.
Connections of
Registered Equipment
Registered
Terminal Equipment, Registered Protective Circuitry and Registered
Communications Systems
Registered terminal equipment, protective circuitry, and
communications systems may be directly connected at the CustomerÕs premise to
the telecommunications network, subject to Part 68 of the FCC Rules, and the
provisions of these General Terms and
Conditions.
All combinations of registered equipment
and associated non‑registered terminal equipment (including but not
limited to wiring) shall be installed, operated and maintained so that the
requirements of Part 68 of the FCC Rules are continually satisfied. The Company
may discontinue service or impose other remedies as provided for in Part 68 for
failure to comply with these provisions.
Premise
Wiring Associated With Registered Communications Systems
Protected premise wiring requiring
acceptance testing for imbalance is premise wiring which is electrically behind
registered equipment, system components or circuitry which assure that
electrical contact between the wiring and commercial power wiring will not
result in hazardous voltages to the CompanyÕs facilities.
Unprotected premise wiring is all other
premise wiring.
Customers who intend to connect premise wiring other
than fully‑protected premise wiring to the telephone network shall give
advance notice to the Company and comply with the procedures specified in Part
68 of the FCC Rules, or as otherwise authorized by the FCC.
The Company may invoke extraordinary
procedures as specified in Part 68 of the FCC Rules where one or more of the
following conditions are present:
Information
provided in the installation supervisorÕs affidavit gives reason to believe
that a violation of Part 68 is likely.
A
failure has occurred during acceptance testing for imbalance; or
Harm
has occurred and there is reason to believe that this harm was a result of
wiring operations performed under Part 65.
In addition, the Company may monitor or
participate in acceptance testing for imbalance, or may inspect other than
fully‑protected premises wiring installations as set forth in Part 68 of
the FCC Rules.
Connections
Involving National Defense and Security
In certain cases, Part 68 of
the FCC Rules permits the connection of unregistered terminal equipment or
communications systems to the telecommunications network, provided that the
Secretary of Defense, the head of any other governmental department (having
requisite FCC approval), or their authorized representative certifies in
writing to the Company that:
The
connection is required in the interest of national defense and security;
The equipment to be connected
either complies with the technical requirements of Part 68 or will not cause harm
to the telecommunications network or Company employees; and
The work is supervised by an installation supervisor who meets the qualifications
stated in Part 65.
General
Telecommunications Services are not represented as adapted
to the recording of two‑way telephone conversations. However, voice recording equipment may
be directly, acoustically or inductively connected with telecommunications
services consistent with state and federal regulations.
The voice recording equipment shall be so arranged that, at
the will of the user, it can be physically connected to and disconnected from
the services of the Company or switched on and off.
The Federal Communications Commission has established
exceptions to these requirements in cases of recording of: calls to and from emergency numbers
involving health, safety, police, public utilities and road service; calls made
by the U.S. Department of Defense Emergency Command Centers and U.S. Nuclear
Regulatory Commission Operations Centers; calls made from patently unlawful
purposes (such as bomb threats, kidnap ransom requests and obscene telephone
calls); calls made by the U.S. Secret Service concerning Presidential security;
and calls made by law enforcement or intelligence authorities acting under
color of law.
The Telephone Company will comply with all state and
federal regulations in regard to the recording to two-way telephone
conversations. A copy of federal
and state policies will be available at the Telephone CompanyÕs business office
and may be obtained during regular business hours.
Failure of Acceptance Tests
If the premise wiring of communications systems fails
acceptance tests monitored by, or participated in by, the Company as provided
in Section 65.215 of the FCCÕs code and/or if the wiring has caused harm to the
network, the Customer shall agree to pay the Company an amount based on the
costs of activities performed by its employees.
Line Conditioning or Treatment
Should a CustomerÕs line require treatment or conditioning
other than that which would normally be required to operate a local loop
because of the connection of Customer premise equipment or transmission of
data, the Customer will be required to bear the cost that exceeds normal
engineering standards for local loops.
The cost will be determined on an individual cost basis.
Damages to Facilities
Customers providing their own
premises equipment shall reimburse the Company for the cost of damages or
changes requested by the Customer to facilities or equipment of the Company,
caused by the negligence or willful act of the Customer or resulting from
improper use of Company facilities, or due to the malfunction of any facilities
or equipment provided by other than the Company.