1 Diane L. Peters, Director Regulatory Affairs NA Original Title Page SPECIALIZED COMMON CARRIER SERVICE GLOBAL CROSSING TELECOMMUNICATIONS, INC. Regulations and Schedule of Rates and Services Applying to Intrastate Interexchange Communications Services within the State of New Jersey
2 Diane L. Peters, Director Regulatory Affairs NA Original Page 1 CHECK SHEET Pages of this tariff, as indicated below, are effective as of the date shown at the bottom of the respective pages. Original and revised pages, as named below, comprise all changes from the original tariff and are currently in effect as of the date on the bottom of this page. PAGE REVISION PAGE REVISION PAGE REVISION Title Original * 26 Original * 1 Original * 27 Original * 2 Original * 28 Original * 3 Original * 29 Original * 4 Original * 30 Original * 5 Original * 31 Original * 6 Original * 32 Original * 7 Original * 33 Original * 8 Original * 34 Original * 9 Original * 35 Original * 10 Original * 36 Original * 11 Original * 37 Original * 12 Original * 13 Original * 14 Original * 15 Original * 16 Original * 17 Original * 18 Original * 19 Original * 20 Original * 21 Original * 22 Original * 23 Original * 24 Original * 25 Original * * - indicates those pages included with this filing
3 Diane L. Peters, Director Regulatory Affairs NA Original Page 2 TABLE OF CONTENTS Title Page... Title Check Sheet... 1 Table of Contents... 2 Section 1 - Technical Terms and Abbreviations... 7 Section 2 - Rules and Regulations... 9 Section 3 - Description of Service Section 4 - Rates Section 5 - Promotional Offerings... 37
4 Diane L. Peters, Director Regulatory Affairs NA Original Page 3 CONCURRING CARRIERS None CONNECTING CARRIERS None OTHER PARTICIPATING CARRIERS None
5 Diane L. Peters, Director Regulatory Affairs NA Original Page 4 SYMBOLS The following are the only symbols used for the purposes indicated below: C - To signify changed regulation. D - To signify discontinued regulation. I - Change resulting in an increase. M - Moved from another tariff location with no change. N - New rate, regulation or text. R - Change resulting in a reduction. T - Change in text but no change to rate or regulation. Z - To signify a correction.
6 Diane L. Peters, Director Regulatory Affairs NA Original Page 5 APPLICATION OF TARIFF This tariff contains the regulations and rates applicable to interexchange common carrier communications service provided by Global Crossing Telecommunications, Inc. (hereinafter the "Company") between and among the points listed herein for service within the state of New Jersey.
7 Diane L. Peters, Director Regulatory Affairs NA Original Page 6 TARIFF FORMAT A. Sheet Numbering - Sheet numbers appear in the upper right corner of the page. Sheets are numbered sequentially. However, new sheets are occasionally added to the tariff. When a new sheet is added between sheets already in effect, a decimal is added. For example, a new sheet added between sheets 14 and 15 would be B. Sheet Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current sheet version on file with the New Jersey Board of Public Utilities. For example, the 4th revised sheet 14 cancels the 3rd revised sheet 14. Because of various suspension periods, deferrals, etc., the Board follows in their tariff approval process, the most current sheet number on file with the Board is not always the tariff page in effect. Consult the Check Sheet for the sheet currently in effect. C. Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of coding is subservient to its next higher level: A A.l 2.l.l.A.1.(a) A.1.(a).I A.1.(a).I.(i) A.1.(a).I.(i).(1) D. Check Sheets - When a tariff filing is made with the Board, an updated check sheet accompanies the tariff filing. The check sheet lists the sheets contained in the tariff, with a cross reference to the current revision number. When new pages are added, the check sheet is changed to reflect the revision. All revisions made in a given filing are designated by an asterisk (*). There will be no other symbols used on this page if these are the only changes made to it, (i.e., the format, etc., remains the same, just revised revision levels on some pages). The tariff user should refer to the latest check sheet to find out if a particular sheet is the most current on file with the Board.
8 Diane L. Peters, Director Regulatory Affairs NA Original Page 7 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS Access Line - A dedicated arrangement which connects a Customer location to a Company NSC (see below for definition). Application for Service - A standard Company order form which includes all pertinent billing, technical and other descriptive information which will enable The Company to provide the communication service as required. Authorization Code - A multi-digit code, one or more of which are available to Metered Use Service Customers to enable Customers to identify individual users or groups of users, and thereby allocate the costs of their long distance service; except where Equal Access Dialing is used by the Customer and costs are allocated on the basis of the telephone number from which the Customer uses the service. Authorized User - A person, firm, corporation or other entity authorized by the Customer to receive or send communications. Such permission includes, without limitation, 1) the use of the Customer's Authorization Code where the Authorization Code has been made known to the user by the Customer, its employees, or agents and 2) the use of Customer's telephone number when Equal Access Dialing is used. Cancellation of Order - A Customer initiated request to discontinue processing a service order, either in part or in its entirety, prior to its completion. Cancellation charges will be assessed for each dedicated access line canceled from an order prior to its completion by the Company under the following circumstances: if the local Telco has already confirmed in writing to the Company that the dedicated access line will be installed; or if the Company has already submitted facilities orders to an interconnecting telephone company. (This differs from a Disconnection, see below for definition). Company - Global Crossing Telecommunications, Inc.
9 Diane L. Peters, Director Regulatory Affairs NA Original Page 8 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS, (Cont d.) Customer - The person, firm, corporation or other entity which orders service, including the ordering or use of Equal Access Dialing, either for its own use, as an Other Common Carrier, or as a non-profit manager of a sharing group, and which is thereby responsible for the payment of charges and for compliance with the Company s tariff regulations. For billing purposes, a Customer is considered to be an account. If a Customer orders an authorization code or orders or uses Equal Access Dialing, in more than one Company originating city, or requests the assignment of more than one Authorization Code in a particular city, each such account is a separate Customer for billing purposes. Disconnection - The disconnection of a dedicated access line or port connection being used for existing service. (This differs from a Cancellation of Order; see above for definition.) Equal Access Dialing - The use of service through Telco Equal Access facilities allowing the Customer to access the Company's NSC through either a 1+ or dialing sequence. Customers using Equal Access Dialing may be billed to the telephone number from which the Equal Access Dialing originates. Installation - The connection of a dedicated access line or port for new or additional service. Joint User - A person, firm, or corporation designated by the Customer as a user of communication facilities furnished to the Customer by the Company, and to whom a portion of the charges for such facilities are billed under a joint user arrangement. National Holidays - Company recognized National Holidays are New Year's Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. Network Switching Center (NSC) - Any location where Company has a network switch installed.
10 Diane L. Peters, Director Regulatory Affairs NA Original Page Description of Service SECTION 2 - RULES AND REGULATIONS The Company is an interexchange common carrier furnishing communications services between specified locations under the terms of this tariff The Company, when acting at the Customer's request, and as his/her authorized agent, will make reasonable efforts to arrange for service requirements which may include terminal equipment and circuit conditioning or equal access dialing. 2.2 Limitations Service is offered subject to the availability of facilities and the provisions of this tariff The Company reserves the right to immediately discontinue furnishing service, upon written notice, when necessitated by conditions beyond its control or when the Customer is using the service in violation of the provisions of this tariff, or in violation of law. 2.3 Terms and Conditions Service is provided and billed on the basis of a minimum period of at least one month, beginning on the date that billing becomes effective, and continues to be provided until canceled, by the Customer, in writing, on not less than thirty (30) days notice. In the event a Customer orders a Company option that does not require a monthly subscription fee, the Company reserves the right to treat a period of non-use of not less than 90 days as a cancellation and to discontinue furnishing service, without notice, after such ninety (90) day period Service is offered on a monthly basis For the purpose of computing charges in this tariff, a month is considered to have thirty (30) days The name(s) of the Customer(s), including members of a sharing group, desiring to use the service must be stipulated in the application for service.
11 Diane L. Peters, Director Regulatory Affairs NA Original Page Liability of the Company SECTION 2 - RULES AND REGULATIONS, (Cont d.) The liability of the Company, for whatever reason, shall not exceed an amount equivalent to the proportionate charge otherwise payable for the period of time during which any mistake, omission, interruption, delay, error or defect, or any other event giving rise to a claim, occurs. In no event shall the Company be liable for special, consequential or incidental damages The Company shall be indemnified and held harmless by the Customer against: A. claims for libel, slander, or infringement of copyright arising out of the material, data, information, or other content transmitted over the Company's channels; and B. patent infringement claims arising from combining or connecting the Company's furnished channels with apparatus and systems of the Customer; and C. all other claims arising out of any act or omission of the Customer in connection with any service provided by the Company The Company is not liable for any act or omission of any other company or companies furnishing a portion of the service.
12 Diane L. Peters, Director Regulatory Affairs NA Original Page Liability, (Cont d.) SECTION 2 - RULES AND REGULATIONS, (Cont d.) The Customer indemnifies and holds the Company harmless from any and all loss, claims, demands, suits or other action, or any liability whatsoever, whether suffered, made, instituted or asserted by the Customer or by any other party or persons, for any personal injury to or death of any person or persons owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal, presence, condition, location or use of such equipment, where such installation operation, failure to operate, maintenance, condition, location or use is not the direct result of the Company's gross negligence The Company is not liable for any defacement of, or damage to, the premises of a Customer resulting from the furnishing of channel facilities or the attachment of instruments, apparatus, and associated wiring furnished by the Company on such Customer's premises or by the installation or removal thereof when such defacement or damage is not the result of the Company s gross negligence. No agents or employees of other participating carriers shall be deemed to be agents or employees of the Company The Customer is responsible for taking all necessary legal steps for interconnecting his Customer - provided terminal equipment or communications systems with the Company facilities. Customer shall secure all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection The Customer shall ensure that his equipment and/or system is properly interfaced with the Company s facilities. 2.5 Cancellation of Service by a Customer If a Customer cancels his or her order for service before the service begins, before completion of the minimum period, or before completion of some other period mutually agreed upon by the Customer and the Company, a charge will be made to the Customer for the non-recoverable portions of expenditures or liabilities incurred expressly on behalf of the Customer by the Company and not fully reimbursed by installation and monthly charges. If, based on an order by a Customer, any construction has either begun or been completed, but no service provided, the nonrecoverable cost of such construction shall be charged to the Customer.
13 Diane L. Peters, Director Regulatory Affairs NA Original Page Use of Service SECTION 2 - RULES AND REGULATIONS, (Cont d.) The services offered herein may be used for one or more of the following: A. for the transmission of communications to or by the Customer; B. for the transmission of communications to or by an authorized user or joint user Service may be arranged for joint use or authorized use. The joint user or authorized user shall be authorized to use such service in the same manner as the Customer, but subject to the following: A. One joint user or authorized user must be designated as the Customer. The designated Customer does not necessarily have to have communications requirements of his own. The Customer must specifically name all joint users or authorized users in the Application for Service. Orders which involve the start, rearrangement, or discontinuance of joint use or authorized use service will be accepted by the Company only from that designated Customer and will be subject to all regulations in this tariff. B. All charges for the service will be computed as if the service were to be billed to one Customer and any discount arrangements will be based on the actual number of circuits installed at the beginning of the billing period. The Customer shall be responsible for allocating charges to each joint user or authorized user.
14 Diane L. Peters, Director Regulatory Affairs NA Original Page Use of Service, (Cont'd.) SECTION 2 - RULES AND REGULATIONS, (Cont d.) Service may be arranged for use by Other Common Carriers for the purposes of resale subject to the following: A. Other Common Carriers will be responsible for charges, costs, etc. incurred by the Company with respect to Services as referenced in Section 4. B. Other Common Carriers are responsible for all interaction and interface with their own subscribers or customers Service shall not be used: A. for any unlawful purpose; B. for any purpose for which payment or other compensation is received by the Customer, except when the Customer is a duly authorized and regulated common carrier. This provision does not prohibit an arrangement between the Customer, authorized user or joint user to share the cost of the service so long as this arrangement generates no profit for anyone participating in a joint use or authorized use arrangement A Customer who resells or rebills any services contained in this tariff is required by law to have a Certificate of Public Convenience and Necessity as an interexchange carrier issued by the New Jersey Board of Public Utilities.
15 Diane L. Peters, Director Regulatory Affairs NA Original Page Payment Arrangements SECTION 2 - RULES AND REGULATIONS, (Cont d.) Responsibility for All Charges Any applicant for facilities or service may be required to sign an application form requesting the Company to furnish the facilities or service in accordance with the rates, charges, rules and regulations from time to time in force and effect. The Customer is responsible for all local and toll calls originating from the Customer's premises and for all calls charged to the Customer's line where any person answering the Customer's line agrees to accept such charge Deposits Subject to special provisions as may be set forth in this tariff, any applicant or Customer whose financial responsibility is not established to the satisfaction of the Company may be required to deposit a sum up to an amount equal to the total of the estimated service charges for up to one month (per Commission requirement) for the facilities and service. If the minimum period of service for the requested facilities and service is more than one month, as specified in this Tariff, the Customer may also be required to deposit a sum up to an amount equal to the total charges for service for the minimum service period less any connection charge paid by the Customer. The fact that a deposit has been made shall in no way relieve the applicant or Customer from complying with the Tariff regulations for the prompt payment of bills on presentation. Each applicant from whom a deposit is collected will be given a certificate of deposit and circular containing the terms and conditions applicable to deposits, in accordance N.J.A.C. 14:3-7.1 through N.J.A.C. 14:3-7.5.
16 Diane L. Peters, Director Regulatory Affairs NA Original Page Payment Arrangements, (Cont d.) Deposits, (Cont d.) SECTION 2 - RULES AND REGULATIONS, (Cont d.) A. Interest on Deposits Simple interest at the rate specified by the Board shall be credited or paid to the Customer while the Company holds the deposit. B. Inadequate Deposit If the amount of a deposit is proven to be less than required to meet the requirements specified above, the Customer shall be required to pay an additional deposit upon request. C. Return of Deposit When a deposit is to be returned, the Customer may request that the full amount of the deposit be issued by check. If the Customer requests that the full amount be credited to amounts owed the Company, the Company will process the transaction on the billing date and will apply the deposit to any amount currently owed to the Company, and return any remaining amount of the deposit to the Customer by check.
17 Diane L. Peters, Director Regulatory Affairs NA Original Page Payment Arrangements, (Cont d.) Payment of Charges SECTION 2 - RULES AND REGULATIONS, (Cont d.) Charges for facilities and service, other than usage charges, are due monthly in advance. All other charges are payable upon request of the Company. Bills are due on the due date shown on the bill and are payable at any business office of the Company, by U.S. Mail, or at any location designated by the Company. If objection is not received by the Company within 120 days after the bill is rendered, the items and charges appearing thereon shall be determined to be correct and binding upon the Customer. If objection results in a refund to the Customer, such refund will be with interest at the greater of the unadjusted Customer deposit rate or the applicable late payment rate, if any, for the service classification under which the Customer was billed. Interest will be paid from the date when the Customer overpayment was made, adjusted for any changes in the deposit rate or late payment rate, compounded monthly, until the overpayment is refunded. Notwithstanding the foregoing, no interest will be paid by the Company on Customer overpayments that are refunded within 30 days after the overpayment is received by the Company. Objections to billed charges must be reported to the Company within 120 days of receipt of billing. Any claim not filed within this time period shall be deemed waived. Claims must include all supporting documentation and may be submitted via to or by telephone at The Company shall make adjustments to the Customer's invoice to the extent that circumstances exist which reasonably indicate that such changes are appropriate. The Company reserves the right to deny a request for additional services or restoration of services unless and until the Customer's account is in current status. A. Taxes, Fees and Surcharges Tax or Taxes means any federal, state or local excise, gross receipts, value added, sales, use or other similar tax, fee, tax-like fee or surcharge of whatever nature and however designated, imposed or sought to be imposed, on or with respect to purchases by Customer or for the Company s use of public streets or rights of way, which the Company is required or permitted by law or tariff to collect from Customer; provided, however, that the term Tax will not include any tax on the Company s corporate existence, status, income, corporate property or payroll taxes.
18 Diane L. Peters, Director Regulatory Affairs NA Original Page Payment Arrangements, (Cont d.) SECTION 2 - RULES AND REGULATIONS, (Cont d.) Payment of Charges, (Cont d.) A. Taxes, Fees and Surcharges, (Cont d.) The Company shall bill any and all applicable taxes, surcharges and fees, including, but not limited to: Federal Excise Tax; State Sales Tax; Municipal Taxes; Gross Receipts Taxes; and any taxes, surcharges, fees, charges or other payments contractual or otherwise, for the use of public streets or rights-of-way, whether designated as franchise fees or otherwise. As permitted by law, the Company will recover from its Customers any such charges assessed directly against the Company. Such taxes or fees will be itemized separately on the Customer's invoice or billing detail. If Customer fails to pay any Taxes properly billed, Customer will be solely responsible for payment of the Taxes, and penalty and interest. Taxes and surcharges assessed on bundled services are based upon a model configuration of the product elements. Details are available upon Customer request. If either Customer or the Company is audited by a taxing or other governmental authority, the other party will cooperate reasonably by responding to the audit inquiries in a proper, complete and timely manner. The Company will cooperate, at Customer s expense, with reasonable requests of Customer in connection with any Tax contest or refund claim. Customer will ensure that no lien is attached to or allowed to remain on any asset of the Company as a result of any Tax contest. Customer will indemnify and hold the Company harmless against any liabilities, damages, losses, costs or expenses arising out of such Tax proceedings, including without limitation any additional Taxes, interest, penalties and attorney s fees. If Customer claims an exemption for any Taxes, Customer must provide the Company with a proper tax exemption certificate as authorized by the appropriate taxing authority. Customer must pay the applicable Taxes to the Company until it provides a valid exemption certificate. If applicable law exempts a service from a Tax, but does not also provide an exemption procedure, the Company will not collect such Tax if Customer provides a letter signed by one of its officers; (i) claiming a right to the exemption; (ii) identifying the applicable law that allows such exemption and does not require an exemption certificate; and (iii) agreeing to indemnify and hold the Company harmless from any tax, interest, penalties, loss, cost or expense asserted against the Company as a result of its not collecting the Taxes from the Customer.
19 Diane L. Peters, Director Regulatory Affairs NA Original Page Payment Arrangements, (Cont d.) Returned Item Charge SECTION 2 - RULES AND REGULATIONS, (Cont d.) A charge of $25 will be assessed for any check or other form of payment returned by the drawee bank or other financial institution for insufficient or uncollected funds, closed account, apparent tampering, missing signature or endorsement, or any other insufficiency or discrepancy necessitating return of the instrument at the discretion of the drawee bank or financial institution. This charge will be assessed in addition to any charges assessed by the drawee bank or any other financial institution Late Payment Charges A. Customer bills for telephone service are due on the due date specified on the bill. A Customer is in default unless payment is made on or before the due date specified on the bill. If payment is not received by the Customer's next billing date, a late payment charge of 1.5% per month or the highest rate allowed by law, will be imposed in accordance with N.J.A.C. 14: B. Late payment charges do not apply to those portions (and only those portions) of unpaid balances that are associated with disputed amounts. Undisputed amounts on the same bill are subject to late payment charges if unpaid and carried forward to the next bill. C. Late payment charges do not apply to final accounts. D. Late payment charges do not apply to government agencies of the State of New Jersey. These agencies are required to make payment in accordance with the provisions of the State Finance Law Customer Overpayments An overpayment is considered to have occurred when payment in excess of the correct charges for service is made because of erroneous Company billing. The date when an overpayment is considered to have been made will be the date on which the Customer's overpayment was originally recorded to the Customer's account by the Company. The Customer will be issued reimbursement for the overpayment or, if agreed to by the Customer, credit for the amount will be provided on the next regular Company bill.
20 Diane L. Peters, Director Regulatory Affairs NA Original Page Change in Service Agreement SECTION 2 - RULES AND REGULATIONS, (Cont d.) When a change in service arrangement involves the continued use by the Customer of circuits furnished by the Company, installation charges do not apply to the circuits continued in use. The minimum service period for the circuits contained in use is determined from the date of the initial installation thereof. 2.9 Restoration of Service The use and restoration of service in emergencies shall be in accordance with Part 64, Subpart D of the Federal Communications Commission's Rules and Regulations, which specifies the priority system for such activities Inspection The Company may, upon reasonable notice, make such tests and inspections as may be necessary to determine that the requirements of this tariff are being complied with in the installation, operation or maintenance of the Customer or Company equipment. The Company may interrupt the service at any time, without penalty to the Company, because of departure from any of these requirements.
21 Diane L. Peters, Director Regulatory Affairs NA Original Page Suspension or Termination of Service SECTION 2 - RULES AND REGULATIONS, (Cont d.) Suspension or Termination for Nonpayment In the event that any bill rendered or any deposit required is not paid, the Company may suspend service (interrupt outgoing service) or terminate service (interruption and removal of all services) until the bill or the required deposit has been paid. If service is suspended or terminated for nonpayment, the Customer will be billed a Connection Charge as well as any payment due and any applicable deposits upon reconnection. A. Termination shall not be made until at least 15 days after written notification has been mailed to the billing address of the Customer. B. Suspension will not be made until at least 8 days after written notification has been mailed to the Customer and 15 days before the termination notice. Telephone service shall only be suspended during the hours between 8:00 AM and 4:00 PM, Monday through Thursday. It shall not be suspended or terminated for nonpayment on weekends, public holidays, other federal and state holidays proclaimed by the President or the Governor, or on days when the main business office of the Company is not open for business, or during the periods from December 23rd through December 26th or December 30th through January 1st. For Residential Customers the Company may suspend or terminate service 15 days after post-mark date of discontinuance notice, which shall be no earlier than 15 days after the post mark date of the bill. The Company will not discontinue residential service involuntarily except between the hours of 8:00 A.M. and 4:00 P.M., Monday through Thursday, unless there is a safety-related emergency. There will be no involuntary discontinuance of service on Fridays, Saturdays, and Sundays or on the day before a New Jersey State holiday or on a New Jersey State holiday absent such emergency When the Customer is a Public Utility under the Board s jurisdiction, a copy of the notice of discontinuation will be simultaneously served on the Board.
22 Diane L. Peters, Director Regulatory Affairs NA Original Page 21 SECTION 2 - RULES AND REGULATIONS, (Cont d.) 2.11 Suspension or Termination Of Service, (Cont d.) Exceptions to Suspension and Termination Telephone service shall not be suspended or terminated for: A. Nonpayment of bills rendered for charges other than telephone service or deposits requested in connection with telephone service; B. Nonpayment for service for which a bill has not been rendered; C. Nonpayment for services which have not been rendered; D. Nonpayment of any billed charge which is in dispute or for the nonpayment of a deposit which is in dispute during the period before a determination of the dispute is made by the Company in accordance with Company's complaint handling procedures. These procedures are in accordance with the NJBPU Rules and Regulations. Telephone service may be suspended or terminated for nonpayment of the undisputed portion of a disputed bill or deposit if the Customer does not pay the undisputed portion after being asked to do so. E. If a Customer receives both residential and business utility service, nonpayment for business service shall not be a reason for discontinuance of residential service, except in cases of diversion of service.
23 Diane L. Peters, Director Regulatory Affairs NA Original Page 22 SECTION 2 - RULES AND REGULATIONS, (Cont d.) 2.11 Suspension or Termination Of Service, (Cont d.) Exceptions to Suspension and Termination, (Cont d.) Telephone service shall not be suspended or terminated for: F. Discontinuance of residential service for nonpayment is postponed for up to 60 days if a medical emergency exists within the residential premises, which would be aggravated by a discontinuance of service. The following conditions apply to this 60-day postponement of discontinuance: 1. The Customer may be required to provide reasonable proof of inability to pay; 2. The Customer may be required to submit a written physician's statement to the Company, stating the existence of the emergency, its nature and probable duration, and that discontinuance of service will aggravate the medical emergency; 3. The Company may require submittal of a recertification by the physician as to the continuing nature of the medical emergency after 30 days; 4. At the end of such period of emergency, the Customer shall remain liable for payment for all service(s) rendered, subject to 14:3-7.6; and 5. If, during the period of medical emergency, the Customer incurs telephone charges in excess of the Customer's average telephone bills of the six months preceding the first 30-day period, the Company may require the telephone customer to pay those excess charges during the medical emergency. G. The Company will make good faith efforts to determine which of their residential Customers are over 65 years of age, and make good faith efforts to notify such Customers of discontinuance of service by telephone in addition to notice by regular mail. This effort may consist of an appropriate inquiry set forth on the notice informing Customers that they may designate a third party to receive notice of discontinuance. Alternatively, the Company may make good faith efforts to contact all residential Customers by telephone prior to discontinuance and file with the Board a statement setting forth such procedure.
24 Diane L. Peters, Director Regulatory Affairs NA Original Page 23 SECTION 2 - RULES AND REGULATIONS, (Cont d.) 2.11 Suspension or Termination Of Service, (Cont d.) Verification of Nonpayment Telephone service shall not be suspended or terminated for nonpayment of a bill rendered or a required deposit unless: A. The Company has verified, in a manner approved by the Board, that payment has not been received at any office of the Company or at any office of an authorized collection agent through the end of the period indicated in the notice, and B. The Company has checked the Customer's account on the day that suspension or termination is to occur to determine whether payment has been posted to the Customer's account as of the opening of business on that day.
25 Diane L. Peters, Director Regulatory Affairs NA Original Page 24 SECTION 2 - RULES AND REGULATIONS, (Cont d.) 2.11 Suspension or Termination Of Service, (Cont d.) Termination For Cause Other Than Nonpayment A. General The Company, after notice in writing to the Customer and after having given the Customer an appropriate opportunity to respond to such notice, may terminate service and sever the connection(s) from the Customer's premises under the following conditions: 1. in the event of prohibited, unlawful or improper use of the facilities or service, or any other violation by the Customer of the rules and regulations governing the facilities and service furnished, or 2. if, in the judgment of the Company, any use of the facilities or service by the Customer may adversely affect the Company's personnel, plant, property or service. The Company shall have the right to take immediate action, including termination of the service and severing of the connection, without notice to the Customer when injury or damage to telephone personnel, plant, property or service is occurring, or is likely to occur, or 3. in the event of unauthorized use, where the Customer fails to take reasonable steps to prevent the unauthorized use of the facilities or service received from the Company, or 4. in the event that service is connected for a Customer who is indebted to the Company for service or facilities previously furnished, that service may be terminated by the Company unless the Customer satisfies the indebtedness within 20 days after written notification, or 5. in the event that the service violates the terms and conditions in this tariff concerning blocking of content-type services.
26 Diane L. Peters, Director Regulatory Affairs NA Original Page 25 SECTION 2 - RULES AND REGULATIONS, (Cont d.) 2.11 Suspension or Termination Of Service, (Cont d.) Termination For Cause Other Than Nonpayment, (Cont d.) B. Prohibited, Unlawful or Improper Use of the Facilities or Service Prohibited, unlawful or improper use of the facilities or service includes, but is not limited to: 1. The use of facilities or service of the Company without payment of tariff charges; 2. Calling or permitting others to call another person or persons so frequently or at such times of the day or in such manner as to harass, frighten, abuse or torment such other person or persons; 3. The use of profane or obscene language; 4. The use of the service in such a manner such that it interferes with the service of other Customers or prevents them from making or receiving calls; 5. The use of a mechanical dialing device or recorded announcement equipment to seize a Customer's line, thereby interfering with the Customer's use of the service; 6. Permitting fraudulent use.
27 Diane L. Peters, Director Regulatory Affairs NA Original Page 26 SECTION 2 - RULES AND REGULATIONS, (Cont d.) 2.11 Suspension or Termination Of Service, (Cont d.) Termination For Cause Other Than Nonpayment, (Cont d.) C. Customer Cancellation of Service Customers desiring to terminate service shall provide Company proper notice of desire to terminate service in accordance with N.J.A.C. 14:3-3,6, 4(b), et seq. Notice to discontinue service will not relieve a Customer of any minimum or guaranteed payment under any contract or rate. D. Abandonment or Unauthorized Use of Facilities 1. If it is determined that facilities have been abandoned, or are being used by unauthorized persons, or that the Customer has failed to take reasonable steps to prevent unauthorized use, the Company may terminate telephone service. 2. In the event that telephone service is terminated for abandonment of facilities or unauthorized use and service is subsequently restored to the same Customer at the same location: (a) (b) No charge shall apply for the period during which service had been terminated, and Reconnection charges will apply when service is restored. However, no charge shall be made for reconnection if the service was terminated due to an error on the part of the Company.
28 Diane L. Peters, Director Regulatory Affairs NA Original Page 27 SECTION 2 - RULES AND REGULATIONS, (Cont d.) 2.11 Suspension or Termination Of Service, (Cont d.) Termination For Cause Other Than Nonpayment, (Cont d.) E. Change in the Company's Ability to Secure Access Any change in the Company's ability (a) to secure and retain suitable facilities and rights for the construction and maintenance of the necessary circuits and equipment or (b) to secure and retain suitable space for its plant and facilities in the building where service is provided to the Customer may require termination of a Customer's service until such time as new arrangements can be made. No charges will be assessed the Customer while service is terminated, and no connection charges will apply when the service is restored Emergency Termination of Service 2.12 Testing and Adjusting The Company will immediately terminate the service of any Customer, on request, when the Customer has reasonable belief that the service is being used by an unauthorized person or persons. The Company may require that the request be submitted in writing as a follow-up to a request made by telephone. Upon reasonable notice, the circuits provided by the Company shall be made available to the Company for such tests and adjustments as may be necessary to maintain them in satisfactory condition; no interruption allowance will be granted for the time during which such tests and adjustments are made Local Charges In certain instances, the Customer may be subject to local telephone charges or message unit charges in using the Company's service. The Company is not responsible for any such local charges imposed directly on the Customer by the local telephone company for gaining access to the Company's intercity network.
29 Diane L. Peters, Director Regulatory Affairs NA Original Page Taxes and Surcharges SECTION 2 - RULES AND REGULATIONS, (Cont d.) The Company reserves the right to bill any and all applicable taxes, surcharges and fees, including, but not limited to: Federal Excise Tax, State Sales Tax; Municipal Taxes; Gross Receipts Taxes, E911 Surcharges and any taxes, surcharges, fees, charges or other payments contractual or otherwise, for the use of public streets or rights-of-way, whether designated as franchise fees or otherwise. As permitted by law, the Company will recover from its Customer any such charges assessed directly against the Company. Such taxes or fees will be itemized separately on the Customer's invoice or billing detail.
30 Diane L. Peters, Director Regulatory Affairs NA Original Page 29 SECTION 3 - DESCRIPTION OF SERVICE 3.1 General Description of the Company s Services The Company's services are offered to subscribers on a monthly basis All service shall remain in effect for a minimum of thirty (30) days The Company offers its services subject to the availability of the necessary facilities and/or equipment. The Company reserves the right to refuse to provide service to or from any location where the necessary facilities and/or equipment are not available.
31 Diane L. Peters, Director Regulatory Affairs NA Original Page Metered Use Service General Description SECTION 3 - DESCRIPTION OF SERVICE, (Cont d.) Metered Use Service offers the use of intercity communication facilities shared among multiple users. The individual Customer's basic monthly charges for its use of these intercity communication facilities are based upon the total time the Customer utilizes such facilities from each originating location and can vary, depending upon the option chosen, with the distance of each call. Unless otherwise specified, calls will be measured from the end of the three second measurement point of the Company switch immediately following the time that the called party answers to the end of the three second measurement point of the Company switch immediately following the time that either the calling or called party disconnects from the call, as indicated by answer supervision. No charge is made for calls not completed. It is never the Carrier's policy to charge a Customer for incomplete calls. A Customer may dispute any charge by contacting the Carrier's Customer Service Department and proper credits will be issued if, upon investigation, the disputed charges are found to be incorrect. For billing purposes, the duration of each call will be rounded as specified in the description of each service option in the following sections. The rates per minute charged for service are set forth in Section 4. A monthly listing of each individual call and its duration is available as a standard. In order to utilize the Company's facilities for purposes set forth in this tariff, a subscriber must also be a subscriber under the Company's Federal rates, terms and conditions. Appropriate rates and charges found therein apply for all options and services other than intrastate calling. Rates for intrastate calling are governed by the rates set forth in Section 4. Customers may experience busy signals in less than one percent of all calls.
32 Diane L. Peters, Director Regulatory Affairs NA Original Page Metered Use Service, (Cont d.) Service Options SECTION 3 - DESCRIPTION OF SERVICE, (Cont d.) Metered use intrastate calling is a one-way dial up or dedicated access multipoint service whereby the Customer originates and terminates calls via Company provided local business telephone lines or dedicated access lines. The rates for this service are contained in Section 4. A. Enterprise Voice Services I (EVS I) Enterprise Voice Services I is a long distance service which provides the Customer with single per-minute rates for their outbound (1+) switched, dedicated and toll free access usage. 1. Rate Structure Enterprise Voice Services I switched, dedicated and toll free calls are non-distance sensitive, usage based, and flat rated. 2. Usage Charges The Customer s total intrastate monthly usage of Enterprise Voice Services I (switched, dedicated and toll free) and the monthly usage commitment levels are charged at the applicable per minute rates set forth in Section of this tariff. Enterprise Voice Services I dedicated calls are billed in six-second increments with a six-second minimum for each call. Enterprise Voice Services I switched calls are billed in sixsecond increments with an eighteen second minimum for each call.
33 Diane L. Peters, Director Regulatory Affairs NA Original Page Metered Use Service, (Cont d.) SECTION 3 - DESCRIPTION OF SERVICE, (Cont d.) Service Options, (Cont d.) B. Enterprise Voice Services II (EVS II) Enterprise Voice Services II is a long distance service which provides the Customer with single per-minute rates for their outbound (1+) switched, dedicated and toll free access usage. 1. Rate Structure Enterprise Voice Services II switched, dedicated and toll free calls are non-distance sensitive, usage based, and flat rated. 2. Usage Charges The Customer s total intrastate monthly usage of Enterprise Voice Services II (switched, dedicated and toll free) and the monthly usage commitment levels are charged at the applicable per minute rates set forth in Section of this tariff. Enterprise Voice Services II dedicated calls are billed in six-second increments with a six-second minimum for each call. Enterprise Voice Services II switched calls are billed in six-second increments with an eighteen second minimum for each call.
34 Diane L. Peters, Director Regulatory Affairs NA Original Page Calculation of Distance SECTION 3 - DESCRIPTION OF SERVICE, (Cont d.) Mileage between the Company s terminal locations or Metropolitan areas will be determined by applying the formula listed below to the Vertical and Horizontal Coordinates set forth in NECA Tariff FCC No. 4 incorporated by reference herein. The airline mileage between two cities can be calculated using the Vertical (V) and Horizontal (H) coordinates set forth in Part B of Table II according to the following formula: V 1 -V H1- H Where V1 and H1 correspond to the V and H coordinates of City 1 and V2 & H2 correspond to the V & H coordinates of City 2. Example: V H City 1 - New York City 2 - Chicago Airline Mileage * miles = 712 miles *Result will always be rounded to the next highest mile.
35 Diane L. Peters, Director Regulatory Affairs NA Original Page Time Periods and Recurring Charges SECTION 4 - RATES The following time periods apply in rating Operator assisted calls: DAY Monday through Friday EVENING Monday through Friday Saturday and Sunday NIGHT Monday through Friday Saturday and Sunday 7:00 AM to 7:00* PM 7:00 PM to 11:00* PM 5:00 PM to 11:00* PM 11:00 PM to 7:00* AM 11:00 PM to 5:00* PM For Carrier recognized holidays, the Night rate period is used, unless a lower rate would normally apply. *Up to, but not including Directory Assistance Long Distance directory assistance charges are assessed on a per call basis as specified below: Per Call: $0.85 *Up to, but not including.
36 Diane L. Peters, Director Regulatory Affairs NA Original Page 35 SECTION 4 RATES, (Cont d.) 4.1 Time Periods and Recurring Charges, (Cont'd) Operator Assistance Services Customers who have selected the Company as their primary carrier can access a Company operator to assist in placing an interlata call by dialing 00. Charges applicable to interlata calls are charged on a per call basis as specified below: A. Station to Station 3rd Party (including Calling Card) Collect Person to Person Collect $7.99/call $6.99/call $13.50/call $6.99/call B. Usage Charges Per Minute (one minute increments) $1.29 Time periods are set forth in Section 4.
37 Diane L. Peters, Director Regulatory Affairs NA Original Page Usage Rates Enterprise Voice Services I SECTION 4 RATES, (Cont d.) A. The following per minute rates are applicable to all Enterprise Voice Services I switched, dedicated and toll free calls as specified below: Switched Outbound $ Dedicated Outbound $0.042 Switched Toll Free $ Enterprise Voice Services II A. The following per minute rates are applicable to all Enterprise Voice Services II switched, dedicated and toll free calls as specified below: Switched Outbound $ Dedicated Outbound $ Switched Toll Free $ Dedicated Toll Free $0.0330
38 Diane L. Peters, Director Regulatory Affairs NA Original Page 37 SECTION 5 - PROMOTIONAL OFFERINGS The Company may from time to time engage in special promotional trial service offerings of limited duration, designed to attract new Customers or to increase existing Customer awareness of a particular tariff offering. Requests for promotional offerings will be presented to the Board for its review, in accordance with rules and regulations established by the Board, and will be included in this section of the Company s tariff.
910 Ravenwood Drive Original Title Page Posted: July 1, 2010 Interstate and International Institutional Service Rates, Terms and Conditions Provided by TALTON COMMUNICATIONS, INC. 910 Ravenwood Drive 1
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