ACCESS SERVICE ADOPTION NOTICE
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- Blaze Gibbs
- 7 years ago
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1 Section No. Adoption Notice Original Page No. Adoption d/b/a CenturyLink ADOPTION NOTICE ADOPTION NOTICE Effective July 28, 2009, registered the fictitious name CenturyLink. Effective October 19, 2009,, began operating under the name CenturyLink. As such, d/b/a/ CenturyLink hereby adopts, ratifies and makes its own, in every respect as if the same had been originally filed by it, all schedules, rules, notices, concurrences, schedule agreements, divisions, authorities or other instruments whatsoever, filed with the Arkansas Public Service Commission, State of Arkansas, by or adopted by prior to October 18, By this notice, d/b/a CenturyLink also adopts and ratifies all supplements or amendments to any of the above schedules, etc., which Century Telephone of Mountain Home, Inc. has heretofore filed with said Commission. Issued: September 15, 2009 Effective: October 19, 2009 Docket No.: Gary L. Kepley Director, Regulatory Systems & Modeling 5454 W. 110th Street Overland Park, Kansas 66211
2 Section No. Title Page 3rd Revised Page No. Title d/b/a CenturyLink TITLE PAGE Regulations, Rates and Charges applying to the provision of Access Services for Intrastate Customers within the operating territory of (C) CENTURY TELEPHONE OF MOUNTAIN HOME, INC. d/b/a CenturyLink in the State of Arkansas as provided herein Access Services are provided by means of wire, fiber optics, radio or any other suitable technology or a combination thereof. The name d/b/a CenturyLink shall be substituted for any reference within the tariff to the names of Century Telephone of Mountain Home or Mountain Home Telephone Company, Inc. Issued: September 15, 2009 Effective: October 19, 2009 Docket No.: Gary L. Kepley Director, Regulatory Systems & Modeling 5454 W. 110th Street Overland Park, Kansas 66211
3 Section No. Preface First Revised Page No. 1 PREFACE EXPLANATORY MARKINGS The following letters, when entered along the right margin of a Tariff Page, have the meanings shown: (DR) (CR) (CP) (NR) (C) (MT) Discontinued Rate Additions to text Removal of text Change in rate Change in practice Change in text New rate A Correction Move of text Issued: R. Paul Waits Effective: February 16, 1988 Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
4 Section No. 1 4th Revised Page No. 1 APPLICATION OF TARIFF 1. Application of Tariff and Concurring Carriers 1.1 Application of Tariff A. This tariff contains regulations, rates and charges applicable to the provision of Carrier Common Line, Switched Access and Special Access Service, and other miscellaneous services, hereinafter referred to collectively as access service(s), provided by Century Telephone of Mountain Home, Inc. and concurring carriers, hereinafter referred to as the Telephone Company, to Intrastate Customers, hereinafter referred to as IC(s). B. The provision of such services by the Telephone Company as set forth in this tariff does not constitute a joint undertaking with the IC for the furnishing of any service. C. The regulations, rates and charges contained herein are in addition to the applicable regulations, rates and charges specified in other tariffs of the Company. D. Whenever reference is made to other tariffs, the reference is made to the tariffs in force as of the effective date of this tariff, and to amendments thereto and successive issues thereof. Such references to interstate tariffs will apply the rates and regulations of referenced tariff sections to the identical intrastate access services as indicated herein. Should any portion of referenced tariff conflict with any rates or regulations contained in the Telephone Company's intrastate tariffs, the latter shall apply for intrastate services. 1.2 Concurring Carriers Century Telephone of Arkansas, Inc. Century Telephone of Redfield, Inc. Century Telephone of South Arkansas Issued: Jeff Glover Effective: Vice President External Relations
5 Section No. 2 Second Revised Page No. 1 GENERAL REGULATIONS 2. General Regulations 2.1 Undertaking of the Telephone Company and Use The Telephone Company concurs in the rules and regulations governing Undertaking of the Telephone Company and Use as filed by the Exchange Carrier Association and approved by the Federal Communications Commission (FCC) in Tariff F.C.C. No. 5, Sections 2.1 and 2.2, together with any amendments or successive issues thereof. 2.2 Obligations of the Customer through Miscellaneous Obligations of the Customer) The Telephone Company concurs in the following section of the Exchange Carrier Association's Tariff F.C.C. No. 5, together with any amendment or successive issues thereof approved by the Federal Communications Commission: Damages Ownership of Facilities and Theft Equipment Space Availability for Testing Limitation of Use of Metallic Facilities Balance Design of Customer Service References to the Telephone Company Claims and Demands for Damages Coordination with Respect to Network Contingencies Issued: October 7, 1988 R. Paul Waits Effective: Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
6 Section No. 2 Second Revised Page No. 2 GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Jurisdictional Report Requirements (A) Jurisdictional Reports (1) a) When a customer orders Feature Group A and/or Feature Group B Switched Access Service the customer shall, in its order, state the projected intrastate percentage for intrastate usage for each Feature Group A and/or Feature Group B Switched Access Service group ordered. In addition, the customer shall also state in its order the projected intrastate intralata percentage of use (i.e., the customer projects the intrastate usage as 30%, and projects that 50% of the intrastate usage is IntraLATA). If the customer adds to or discontinues some but not all of the Feature Group A and/or Feature Group B Switched Access Services in a group, it shall provide a revised projected intrastate and intrastate intralata percentage for the overall services provided. The revised reports will serve as the basis for future billing and will be effective on the next bill date. b) Pursuant to the Arkansas Public Service Commission Order adopted December, 1985, intrastate usage is to be developed as thought every call that enters a customer network at a point within the same state as that in which the called state (as designated by the called station telephone number) is situated is an intrastate communication and every call for which the point of entry is in a state other than that where the called station (as designated by the called station telephone number) is situated is an interstate communication. Issued: October 7, 1988 R. Paul Waits Effective: Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
7 Section No. 2 Second Revised Page No. 3 GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Jurisdictional Report Requirements (Cont'd)) (A) Jurisdictional Reports (Cont'd) (1) (Cont'd) c) Pursuant to Arkansas Public Service Commission order adopted December 1985, intralata usage of Feature Groups A and/or B is to be developed as though every call that enters the customer's network at a point located in one LATA and exits the customer's network at a point located in the same LATA is an intralata communications. In the event of ambiguity regarding the point of customer network entry, e.g., in local calling or EAS areas that cross jurisdictional boundaries, the point of entry shall be consistent with the entry/exit procedures approved by the FCC. For those services originating over in-wats (800) or in-wats-like services, a reasonable surrogate or sample shall be used to determine the jurisdictional nature of the completed long distance transmissions. The customer's network includes all facilities owned or leased by the customer and all transmission and switching capability purchased from any and all suppliers of transmission and switching capability. d) The projected intrastate percentage will be used by the Telephone Company to apportion the usage between interstate and intrastate until a revised report is received as set forth in (6) following. The projected intrastate intralata percentage of use will be used by the Telephone Company to apportion the usage between intrastate intralata and intrastate interlata until a revised report is received as set forth in (6) following. Issued: October 7, 1988 R. Paul Waits Effective: Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
8 Section No. 2 Second Revised Page No. 4 GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Jurisdictional Report Requirements (Cont'd) (A) Jurisdictional Reports (Cont'd) (2) All single Feature Group A and B Switched Access Service usage and charges will be apportioned by the Telephone Company between interstate and intrastate and between intrastate intralata and intrastate interlata. The projected intrastate percentage and intrastate intralata percentage reported as set forth in 1(a), 1(b) and 1(c) preceding will be used to make such apportionment. (3) For multiline hunt group or trunk group arrangements where either the interstate or the intrastate charges are based on measured usage, the intrastate and intrastate intralata Feature Group A and/or Feature Group B Switched Access Service(s) information reported as set forth in (1) preceding will be used to determine the charges as follows: Issued: October 7, 1988 R. Paul Waits Effective: Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
9 Section No. 2 Second Revised Page No. 5 GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Jurisdictional Report Requirements (Cont'd) (A) Jurisdictional Reports (Cont'd) (3) (Cont'd) a) For all groups the number of access minutes (either measured or assumed) for a group will be multiplied by the projected intrastate percentage to develop the intrastate access minutes. The number of access minutes for the group minus the developed intrastate access minutes for the group will be the developed interstate access minutes. b) For all groups, the number of intrastate access minutes (as derived in (3)(a) above) for a group will be multiplied by the projected intrastate intralata percentage to develop the intrastate intralata access minutes. The number of intrastate access minutes for the group minus the developed intrastate intralata access minutes for the group will be the developed intrastate interlata minutes. Issued: October 7, 1988 R. Paul Waits Effective: Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
10 Section No. 2 Second Revised Page No. 6 GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Jurisdictional Report Requirements (Cont'd) (A) Jurisdictional Reports (Cont'd) (4) a) When a customer orders Feature Group C or Feature Group D Switched Access Service(s), the Telephone Company, where the jurisdiction can be determined from the call detail, will determine the projected intrastate percentage as follows. For originated access minutes, the projected intrastate percentage will be developed on a monthly basis by end office when the Feature Group C or Feature Group D Switched Access Service access minutes are measured by dividing the measured intrastate originating access minutes by the total originating access minutes when the call detail is adequate to determine the appropriate jurisdiction. Where applicable for terminating access minutes, the data used by the Telephone Company to develop the projected intrastate percentage for originating access minutes will be used to develop projected intrastate percentage for such terminating access minutes. When originating call details are insufficient to determine the jurisdiction for the call, the customer shall supply the projected intrastate percentage or authorize the Telephone Company to use the Telephone Company developed percentage. The Telephone Company authorized percentage will be based on the average of the customer's other FGC and/or FGD usage. This percentage shall be used by the Telephone Company as the intrastate percentage for those access services without adequate call detail and in the absence of reasonable projections supplied by the customer. Issued: October 7, 1988 R. Paul Waits Effective: Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
11 Section No. 2 Second Revised Page No. 7 GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Jurisdictional Report Requirements (Cont'd) (A) Jurisdictional Reports (Cont'd) (4) (Cont'd) b) For customers ordering FGC and/or FGD Switched Access Services, the customer shall also state in the order the projected intrastate intralata percentage of use (e.g., the customer projects that 50% of the intrastate usage is intralata). If the customer deletes some but not all of the FGC and/or FGD Switched Access Services in a group, it shall provide a projected intrastate intralata percentage of use for the overall remaining services. The revised report will serve as the basis for future billing and will be effective on the next bill date. (5) When a customer orders Directory Assistance Service, the customer shall in its order, provide the projected intrastate and intrastate intralata percentage for terminating use in a whole number (a number of 0 through 100) for each Directory Access Service group ordered. (A method the customer may wish to adopt could be to use its terminating traffic from its premises to the involved Directory Assistance Location and calculate the projected intrastate percentage as set forth in (4) preceding.) The Telephone Company will designate the number obtained by subtracting the projected intrastate percentage furnished by the customer from 100 (100 - customer percentage = interstate percentage) as the projected interstate percentage of use. Issued: October 7, 1988 R. Paul Waits Effective: Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
12 Section No. 2 Second Revised Page No. 8 GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Jurisdictional Report Requirements (Cont'd) (A) Jurisdictional Reports (Cont'd) (6) Effective on the first of January, April, July and October of each year the customer shall update the intrastate and intrastate intralata jurisdictional report. The customer shall forward to the Telephone Company, to be received no later than 15 days after the first of each such month, a revised report showing the intrastate and intrastate intralata percentage of use for the past three months ending the last day of December, March, June, and September, respectively, for each arranged for intrastate use. Additionally, where the customer utilizes FGA Switched Access Service for calls between a Primary Exchange Carrier and a Secondary Exchange Carrier within the same Extended Area Service calling area, and/or Feature Group B Switched Access Service for calls between a Primary Exchange Carrier's access tandem and a subtending Secondary Exchange Carrier, where the Primary and Secondary Exchange Carriers are not the same Telephone Company and do not provide service under the same access service tariff and where the Primary and Secondary Exchange Carriers do not have Multiple Company billing arrangement for subtending end offices of an access tandem, a copy of the revised report will be provided by the customer to the Telephone Company. The revised report will serve as the basis for the next three months billing and will be effective on the bill date for that service. Issued: October 7, 1988 R. Paul Waits Effective: Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
13 Section No. 2 Third Revised Page No. 9 GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Jurisdictional Report Requirements (Cont'd) (A) Jurisdictional Reports (Cont'd) (6) (Cont'd) If the customer does not supply the reports, the Telephone Company will assume the percentages to be the same as those provided in the last quarterly report. For those cases in which a quarterly report has never been received from the customer, the Telephone Company will assume the percentages to be the same as those provided in the order for service as set forth in (1) preceding. (7) If a billing dispute arises or the Arkansas Public Service Commission questions the projected intrastate and/or intralata percentages, the Telephone Company will ask the customer to provide the data the customer used to determine the projected intrastate and intralata percentages. The customer shall supply the date within 15 business days of the Telephone Company request. The customer shall keep records of call detail from which the percentages of intrastate and intralata use can be ascertained and upon request of the Telephone Company make the records available for inspection as reasonably necessary for purposes of verification of the percentages. (8) Pursuant to Arkansas Public Service Commission directives audits may be conducted to verify the accuracy of customer jurisdictional reports. Issued: October 7, 1988 R. Paul Waits Effective: Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
14 Section No. 2 Second Revised Page No. 10 GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Determination of Intrastate Charges for Mixed Interstate and Intrastate Access Service When mixed interstate and intrastate Access Service is provided, all charges (i.e., nonrecurring, monthly and/or usage) including optional features charges, will be prorated between interstate and intrastate. The percentage provided in the reports as set forth in (A) preceding will serve as the basis for prorating the charges. The percentage of an Access Service to be charged as Intrastate is applied in the following manner: (A) For monthly and nonrecurring chargeable rate elements multiply the percent intrastate use times the quantity of chargeable elements times the stated tariff rate per element. Issued: October 7, 1988 R. Paul Waits Effective: Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
15 Section No. 2 Fifth Revised Page No. 11 GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Determination of Intrastate Charges for Mixed Interstate and Intrastate Access Service (Cont'd) (B) For usage sensitive (i.e., access minutes and calls) chargeable rate elements, multiply the percent intrastate use times actual use (i.e., measured or Telephone Company assumed average use) times the stated tariff rate. The intrastate percentage will change as revised usage reports are submitted as set forth in preceding Determination of IntraLATA Charges for Mixed InterLATA and IntraLATA Switched Access Service When mixed interlata and intralata Switched Access Service is provided, all charges (i.e., nonrecurring, monthly, and usage including optional feature charges, will be prorated between interlata and intralata in the same manner as described in preceding. (MT) (MT) (MT) Material previously appearing on this page now appears on Page Effective: December 30, West 110 th Street, Overland Park, KS 66211
16 Section No. 2 Original Page No GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Identification and Rating of VoIP-PSTN Traffic (A) Scope VoIP-PSTN ( Voice over Internet Protocol-Public Switched Telephone Network ) Traffic is defined as traffic exchanged between a Telephone Company end user and the customer in Time Division Multiplexing ("TDM") format that originates and/or terminates in Internet Protocol ("IP") format. This section governs the identification of VoIP-PSTN Traffic that is required to be compensated at interstate access rates, unless the parties have agreed otherwise, by the Federal Communications Commission in its Report and Order in WC Docket Nos , etc., FCC Release No (November 18, 2011)("FCC Order"). Specifically this section establishes the method of separating VoIP-PSTN Traffic from the customer's traditional intrastate access traffic, so that VoIP-PSTN Traffic can be billed in accordance with the FCC Order. (B) (C) VoIP-PSTN Traffic identified in accordance with this tariff section will be billed at rates equal to the Telephone Company's applicable tariffed interstate switched access rate as specified in CenturyLink Operating Companies Tariff F.C.C. No. 6, Section 17. Calculation and Application of Percent-VoIP-Usage Factors Telephone Company will determine the number of VoIP-PSTN Traffic minutes of use ("MOU") to which interstate rates will be applied under (B) preceding, by applying an originating Percent VoIP Usage ("PVU") factor to the total intrastate access MOU originated by a Telephone Company end user and delivered to the customer and by applying a terminating PVU factor to the total intrastate access MOU terminated by a customer to the Telephone Company's end user. Effective: December 30, West 110 th Street, Overland Park, KS 66211
17 Section No. 2 Original Page No GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Identification and Rating of VoIP-PSTN Traffic (Cont'd) (C) Calculation and Application of Percent-VoIP-Usage Factors (Cont'd) (1) The customer will calculate and furnish to the Telephone Company an originating PVU factor representing the whole number percentage of the customer's total originating intrastate access MOU that the customer exchanges with the Telephone Company in the state that is received from the Telephone Company and that is terminated in IP format and that would be billed by the Telephone Company as intrastate access MOU. (2) The customer will calculate and furnish to the Telephone Company a terminating PVU factor representing the whole number percentage of the customer's total terminating intrastate access MOU that the customer exchanges with the Telephone Company in the state that is sent to the Telephone Company and which originated in IP format and that would be billed by the Telephone Company as intrastate access MOU. (3) The customer shall not modify their reported PIU factor to account for VoIP- PSTN traffic. (4) Both the customer provided originating PVU and the terminating PVU shall be based on information such as the number of the customer's retail VoIP subscriptions in the state (e.g. as reported on FCC Form 477), traffic studies, actual call detail or other relevant and verifiable information which will be provided to Telephone Company upon request. (5) The customer shall retain the call detail, work papers and information used to develop the PVU factors for a minimum of one year. (6) If the customer does not furnish the Telephone Company with a PVU factor, the Telephone Company will utilize a PVU equal to zero. Effective: December 30, West 110 th Street, Overland Park, KS 66211
18 Section No. 2 Original Page No GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Identification and Rating of VoIP-PSTN Traffic (Cont'd) (D) Initial Implementation of PVU Factors (1) If the PVU factors cannot be implemented in the Telephone Company's billing systems by December 29, 2011, once the factors can be implemented, the Telephone Company will adjust the customer's bills to reflect the PVU factors prospectively in the next bill period, if the PVU factors are provided by the customer to the Telephone Company prior to April 15, (2) The Telephone Company may choose to provide credits based on the reported PVU factors on a quarterly basis until such time as the billing system modifications can be implemented. (E) PVU Factor Updates The customer may update the PVU factors quarterly using the method set forth in (C)(1) and (2) preceding. If the customer chooses to submit such updates, it shall forward to the Telephone Company, no later than 15 days after the first of January, April, July and/or October of each year, revised PVU factors based on data for the prior three months, ending the last day of December, March, June and September, respectively. The revised PVU factors will serve as the basis for future billing and will be effective on the next bill date, and shall serve as the basis for subsequent monthly billing until superseded by new PVU factors. No prorating or backbilling will be done based on the updated PVU factors. (F) PVU Factor Verification (1) Not more than twice in any year, the Telephone Company may request from the customer an overview of the process used to determine the PVU factors, the call detail records, description of the method for determining how the end user originates or terminates calls in IP format, and other information used to determine the customer's PVU factors furnished to the Telephone Company in order to validate the PVU factors supplied. The customer shall comply, and shall reasonably supply the requested data and information within 15 days of the Telephone Company's request. Effective: December 30, West 110 th Street, Overland Park, KS 66211
19 Section No. 2 Original Page No GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Identification and Rating of VoIP-PSTN Traffic (Cont'd) (F) PVU Factor Verification (Cont'd) (2) The Telephone Company may dispute the customer's PVU factor based upon: (a) (b) (c) A review of the requested data and information provided by the customer. The Telephone Company's reasonable review of other market information, FCC reports on VoIP lines, such as FCC Form 477 or state level results based on FCC Local Competition Report or other relevant data. A change in the reported PVU factor by more than five percentage points from the preceding quarter. (3) If after review of the data and information, the customer and the Telephone Company establishes revised PVU factors, the customer and the Telephone Company will begin using those revised PVU factors with the next bill period. (4) If the dispute is unresolved, the Telephone Company may initiate an audit. The Telephone Company shall limit audits of the customer's PVU factor to no more than twice per year. The customer may request that the audit be conducted by an independent auditor. In such cases, the associated auditing expenses will be paid by the customer. (a) In the event that the customer fails to provide adequate records to enable the Telephone Company or an independent auditor to conduct an audit verifying the customer's PVU factors, the Telephone Company will bill the usage for all contested periods using the most recent undisputed PVU factors reported by the customer. These PVU factors will remain in effect until the audit can be completed. (b) During the audit, the undisputed PVU factors from the previous reporting period will be used by the Telephone Company. Effective: December 30, West 110 th Street, Overland Park, KS 66211
20 Section No. 2 Original Page No GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.2 Obligations of the Customer (Cont'd) Identification and Rating of VoIP-PSTN Traffic (Cont'd) (F) PVU Factor Verification (Cont'd) (4) If the dispute is unresolved (Cont'd) (c) (d) The Telephone Company will adjust the customer's PVU factors based on the results of the audit and implement the revised PVU in the next billing period or quarterly report date, whichever is first. The revised PVU factors will apply for the next two quarters before new factors can be submitted by the customer. If the audit supports the customer's PVU factors, the usage for the contested periods will be adjusted to reflect the customer's audited PVU factors. 2.3 Payment Arrangements and Credit Allowances (MT) With the exception of the following provisions regarding deposits, the Telephone Company shall apply the rates, rules and regulation governing Payment Arrangements and Credit Allowances as filed by the National Exchange Carrier Association and allowed to become effective by the Federal Communications Commission in Tariff F.C.C. No. 5, Section 2.4, together with any amendments or successive issues thereof allowed to become effective by the FCC Payment of Rates, Charges and Deposits (A) Deposits In order to safeguard its interests, the Telephone Company reserves the right to require the customer to secure its account prior to the establishment of service, the installation of new service, the transfer of an existing service, and/or at any time after the provision of service in the form of a cash deposit as described below. Such security deposit will not exceed an amount equal to the estimated total rates and charges for the services(s) ordered for a two-month period as described below. A security deposit or additional security deposit may be required from a new or existing customer when: (MT) (MT) Material appearing on this page previously appeared on Fourth Revised Page 11. Effective: December 30, West 110 th Street, Overland Park, KS 66211
21 Section No. 2 Original Page No GENERAL REGULATIONS 2.3 Payment Arrangements and Credit Allowances (Cont'd) Payment of Rates, Charges and Deposits (Cont'd) (A) Deposits (Cont'd) 1) The customer has a proven history of late payments to the Telephone Company or the customer does not have established credit. A proven history of late payments exists if the customer has failed to pay two monthly bills by the bill due date within a 12-month period of time. If the customer has a history of late payments or has not demonstrated established credit, the Telephone Company may require the customer to pay up to a two-month deposit based on a monthly average of the total charges billed and rendered by the Telephone Company for the most recent three month period. If the customer has not received three months of service from the Telephone Company, the two-month deposit will be based on charges estimated by the Telephone Company for the initial two-month period. 2) The customer s gross monthly billing has increased beyond the amount initially used to estimate the customer's current security deposit by a factor of ten percent. The additional security deposit required under this section shall not exceed the amount required to establish up to a two-month deposit based on a monthly average of the total charges billed and rendered by the Telephone Company for the most recent three month period. 3) The Telephone Company becomes aware that the customer s credit worthiness has fallen below commercially acceptable levels as determined by an independent credit rating or reporting service. Should the customer's credit worthiness fall below commercially acceptable levels, the customer shall be required to pay up to a twomonth deposit based on a monthly average of the total charges billed and rendered by the Telephone Company for the most recent three month period. Credit worthiness shall be defined to have fallen below commercially acceptable levels in any of the following situations: Effective: November 12, 2002 PO Box 4065, Monroe, Louisiana 71211
22 Section No. 2 Original Page No GENERAL REGULATIONS 2.3 Payment Arrangements and Credit Allowances (Cont'd) Payment of Rates, Charges and Deposits (Cont'd) (A) Deposits (Cont'd) 3) (Cont'd) (a) If any debt securities of a customer or its parent (defined as an entity that owns an equity interest in more than 50% of the customer) are below investment grade, as defined by the Securities and Exchange Commission (See 17 C.F.R ); (b) If any debt securities of a customer or its parent are rated below the lowest investment grade by a nationally recognized credit rating organization, or are put on review by such a ratings organization for a possible downgrade; (i) The Company would use Standard and Poors or another nationally recognized rating agency. Customers would be expected to maintain a rating of a BBB, or equivalent rating, as the measure of a Customer's credit worthiness; or (c) If the customer does not have outstanding securities rated by a nationally recognized credit rating organization, and the customer is rated, (i) "fair" or below in a composite credit appraisal published by Dun and Bradstreet, or (ii) "high risk" in a Paydex score as published by Dun and Bradstreet. (d) If the customer or its parent informs the Telephone Company or publicly states that it is unable to pay its debts as such debts become due. (e) If the customer or its parent has commenced a voluntary receivership or bankruptcy proceeding (or had a receivership or bankruptcy proceeding initiated against it). Effective: November 12, 2002 PO Box 4065, Monroe, Louisiana 71211
23 Section No. 2 Original Page No GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.3 Payment Arrangements and Credit Allowances (Cont'd) Payment of Rates, Charges and Deposits (Cont'd) (A) Deposits (Cont'd) 4) The Telephone Company will provide the customer written notice electronically or by Certified U.S. Mail (return receipt requested) if a deposit is required under this section. The written notice will provide the following information: a) explain the criterion set forth above used to determine that the customer has impaired credit worthiness, b) direct the customer to pay the deposit within fourteen (14) days of the date the written notice is sent to, or made electronically available to, the customer. In the event an existing customer fails to remit a deposit required under this section, service(s) to that customer may be discontinued in accordance with the terms specified in Section 2.1.8(A) and 2.1.8(B),of the National Exchange Carrier Association Tariff F.C.C. No. 5. 5) If pursuant to this section, the Telephone Company requests a security deposit from an existing customer that has any term plan commitment in place and such existing customer accepts the condition that continuation of its service(s) is contingent upon its provision to the Telephone Company of the requested security deposit, then the regulations specified in this section will apply to the customer for the remainder of the term plan commitment to which the customer subscribes. 6) If pursuant to this section, the Telephone Company requests a security deposit from an existing customer that has any term plan commitment in place and such existing customer rejects the condition that continuation of its service(s) is contingent upon its provision to the Telephone Company of the requested security deposit, then upon discontinuance of the customer s service(s) and the resulting termination of the associated term plan commitment(s), the Telephone Company will waive the applicable termination liability charge(s) for each such term plan commitment terminated. Effective: November 12, 2002 PO Box 4065, Monroe, Louisiana 71211
24 Section No. 2 Original Page No GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.3 Payment Arrangements and Credit Allowances (Cont'd) Payment of Rates, Charges and Deposits (Cont'd) (A) Deposits (Cont'd) 7) The fact that a deposit has been made in no way relieves the customer from complying with the Telephone Company's regulations as to the prompt payment of bills. 8) At such time as the provision of the service to the customer is terminated, the amount of the deposit will be credited to the customer's account and any credit balance which may remain will be refunded. Such a deposit will be refunded or credited to the account of an existing customer when the customer has established commercially acceptable credit as defined above and/or has established a one-year prompt payment record. For the period the deposit is held by the Telephone Company, the customer will receive interest the lawful rate as specified by state statute or 7 percent simple interest per annum if no rate is specified. 9) The rate will be applied for the number of days from the date the customer deposit is received by the Telephone Company to and including the date such deposit is credited to the customer's account or the date the deposit is refunded by the Telephone Company. Should a deposit be credited to the customer's account, as indicated above, no interest will accrue on the deposit from the date such deposit is credited to the customer's account. Effective: November 12, 2002 PO Box 4065, Monroe, Louisiana 71211
25 Section No. 2 Third Revised Page No. 12 GENERAL REGULATIONS 2. General Regulations (Cont'd) 2.4 Connections General 2.5 Definitions Equipment and Systems (i.e., terminal equipment, multiline terminating systems and communications systems) may be connected with Switched and Special Access Service furnished by the Telephone Company where such connection is made in accordance with the provision specified in Technical Reference Publication AS No. 1 and in 2.1 preceding. The Telephone Company concurs in the definitions governing access service contained in the Exchange Carrier Association's Tariff F.C.C. No. 5, Section 2.6 together with any amendments or successive issues thereof approved by the FCC. In addition, the following definitions apply: Toll VoIP-PSTN Traffic The term "Toll VoIP-PSTN Traffic" denotes a customer's interexchange voice traffic exchanged with the Telephone Company in Time Division Multiplexing format over PSTN facilities, which originates and/or terminates in Internet Protocol (IP) format. "Toll VoIP-PSTN Traffic" originates and/or terminates in IP format when it originates from and/or terminates to an end user customer of a service that requires IP-compatible customer premises equipment. Effective: December 30, West 110 th Street, Overland Park, KS 66211
26 Section No. 2 First Revised Page No. 13 GENERAL REGULATIONS RESERVED FOR FUTURE USE This tariff sheets cancels the following pages of Section 2: Original Pages 13 through 17 1st Revised Page 18 Original Page st Revised Pages 19 through 26 Original Pages 27 through 74 Issued: R. Paul Waits Effective: February 16, 1988 Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
27 Section No. 3 3rd Revised Page No. 1 CARRIER COMMON LINE 3. Carrier Common Line Access Service 3.1 Reserved for Future Use Issued: September 6, 2007 Chantel Mosby Effective: September 6, 2007 Manager, Tariffs and Compliance
28 Section No. 3 4th Revised Page No. 2 CARRIER COMMON LINE 3. Carrier Common Line Access Service 3.2 Reserved for Future Use Issued: September 6, 2007 Chantel Mosby Effective: September 6, 2007 Manager, Tariffs and Compliance
29 Section No. 3 6th Revised Page No. 3 CARRIER COMMON LINE 3. Carrier Common Line Access Service 3.3 Reserved for Future Use 3.4 Reserved for Future use Issued: September 6, 2007 Chantel Mosby Effective: September 6, 2007 Manager, Tariffs and Compliance
30 Section No. 3 2nd Revised Page No. 4 CARRIER COMMON LINE 3. Carrier Common Line Service 3.5. Exception for Carrier Common Line Access Service The Telephone Company will provide Carrier Common Line Access Service to Interexchange Carriers (IXCs) and non-ixc access service customers in conjunction with Switched Access Service provided by the company General Description Common Line Access provides for the use of Telephone Company common lines by non-ixc access service customer for access to end users to furnish Intrastate Communications. Carrier Common Line Access is provided where a non-ixc access service customer obtains Telephone Company Switched Access Service under this tariff. The provision of Carrier Common Line Access Service shall be in accordance with the Arkansas Public Service Commission Order No. 12, dated June 12, 1990, in Docket U. Rules, procedures and other specifications as contained in the order, and/or subsequent orders, shall be utilized in the administration of this section. Issued: September 6, 2007 Chantel Mosby Effective: September 6, 2007 Manager, Tariffs and Compliance
31 Section No. 3 Original Page No. 5 CARRIER COMMON LINE 3. Carrier Common Line Service 3.5. Exception for Carrier Common Line Access Service Carrier Common Line Access Service - Interexchange Carriers The Telephone Company shall apply the rules and regulations as filed by the National Exchange Carrier Association and approved by the FCC in Tariff F.C.C. No. 5, Sections 3.2 through 3.8 together with any amendments or successive issues Carrier Common Line Access Service - Non-IXC's Non-IXC access service customers are end users that do not provide switched interexchange communications services to the public for compensation in the State of Arkansas. For intrastate Carrier Common Line Access Services to non-ixc's, and in conjunction with appropriate switched access services, the Telephone Company shall apply Tariff F.C.C. No. 5, Sections 3.2 through 3.8 and Section , of the Exchange Carrier Association, together with any amendments or successive issues thereof approved by the FCC. Where and if provisions of the referenced tariff conflict with any portions of the Company's Access Service Tariff, the latter will apply Carrier Common Line Access Service - Rate The rates for Carrier Common Line Access Service are as follows: Carrier Common Line Charge Per Minute Originating, Per MOU $.0165 Terminating, Per MOU $.0165 Issued: September 6, 2007 Chantel Mosby Effective: September 6, 2007 Manager, Tariffs and Compliance
32 Section No. 5 Fourth Revised Page No. 1 ACCESS ORDERING 5. Access Ordering The Telephone Company shall apply the rules and regulations governing Ordering Options as filed by the National Exchange Carrier Association and approved by the Federal Communications Commission in Tariff F.C.C. No. 5, Section 5, together with any amendments or successive issues thereof. The Telephone Company shall apply the rates for Ordering Options as filed by the National Exchange Carrier Association, approved by the Federal Communications Commission in Tariff F.C.C. No. 5, Section 17, and in effect as of June 30, Issued: July 11, 1997 G. Clay Bailey Effective: July 12, 1997 Directory, Regulatory Affairs
33 Section No. 5 First Revised Page No. 2 ACCESS ORDERING RESERVED FOR FUTURE USE This tariff sheet cancels Original Pages 2 through 19 of Section 5. Issued: R. Paul Waits Effective: February 16, 1988 Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
34 Section No. 6 Third Revised Page No. 1 SWITCHED 6. Switched Access Service 6.1 General Switched Access Service, which is available to customers for their use in furnishing their services to end users, provides a two-point electrical communications path between a customer s premises and an end user s premises. It provides for the use of common terminating, switching and trunking facilities, and both common subscriber plant of the Telephone Company. Switched Access Premises Service provides for the ability to originate calls from an end user s premises to a customer s premises and to terminate calls from a customer s premises to an end user s premises in the LATA where it is provided. Rates and charges for Switched Access Service depend generally on its use by the customer, i.e., for MTS or WATS services, MTS - WATS equivalent services, or other services (e.g., foreign exchange service ), and whether it is provided in a Telephone Company end office that is equipped to provide equal or non equal access. Rates and charges for services other than Switched Access Service, e.g., a customer s interlata toll message service, may also be applicable when Switched Access Service is used in conjunction with these other services. 6.2 Concurrence Except as stated in 6.3 following, the Telephone Company shall apply the rules and regulations governing Switched Access Service as filed by the National Exchange Carrier Association in Tariff F.C.C. No. 5 Section 6, together with any amendments or successive issues thereof approved by the FCC. The Telephone Company shall apply the rates for Switched Access Service as filed by the National Exchange Carrier Association in Tariff F.C.C. No. 5, Section 17, and in effect as of June 30, Issued: July 11, 1997 G. Clay Bailey Effective: July 12, 1997 Directory, Regulatory Affairs
35 Section No. 6 Third Revised Page No. 2 SWITCHED 6. Switched Access Service (Cont'd) 6.3 Exceptions to Interstate Concurrence The following lists exceptions to the Company's concurrences or mirroring of the Switched Access Service tariff of the Exchange Carrier Association F.C.C. No. 5 for intrastate Switched Access Services. If there is a conflict between the interstate tariff and this access tariff, the latter shall apply Feature Group A and B Access Feature Group A (FGA) and the Feature Group B (FGB) are not to be used for the completion of IntraLATA calls by customers who have not been granted a Certificate of Convenience and Necessity by the Arkansas Public Service Commission. In addition, a customer may not use interstate Feature Group A or Feature Group B Access to originate and terminate a call within the same LATA. The customer must specify the Interexchange Carrier to which the FGA or FGB service is connected or, in the alternative, specify the means by which the FGA or FGB access communications is transported to another LATA. Issued: July 6, 1990 R. Paul Waits Effective: July 1, 1990 Directory, Regulatory Affairs Docket No ,U PO Box 4065, Monroe, Louisiana 71211
36 Section No. 6 Second Revised Page No. 3 SWITCHED This tariff sheet cancels: 1st Revised Pages 3-5 2nd Revised Pages st Revised Page 14 Issued: July 6, 1990 R. Paul Waits Effective: July 1, 1990 Directory, Regulatory Affairs Docket No ,U PO Box 4065, Monroe, Louisiana 71211
37 Section No. 7 Fourth Revised Page No. 1 SPECIAL 7. Special Access Service Except as otherwise noted herein, the Telephone Company shall apply the rules and regulations governing Special Access Service of the National Exchange Carrier Association s Tariff F.C.C. No. 5, Section 7 together with any amendments or successive issues thereof approved by the FCC. The Telephone Company shall apply the rates for Special Access Service as filed by the National Exchange Carrier Association in Tariff F.C.C. No. 5, Section 17, and in effect as of June 30, For those intrastate WATS and 800 services where a WATS Access Line (WAL) is billed directly to the intrastate WATS or 800 service end user under the terms of the Telephone Company s end user WATS and 800 service tariffs, special access charges for the intrastate WALS shall not apply. This exception to the application of special access charges to intrastate WALS is limited to those intrastate WATS and 800 services provided (1) under concurrence with the intrastate WATS and 800 usage service tariffs of Southwestern Bell Telephone Company and the Arkansas IntraLATA Toll Pool, and (2) in conjunction with the intrastate interlata WATS and/or 800 service of an interexchange carrier such that such intrastate WALS are jointly used to provide both intrastate interlata and intrastate intralata WATS or 800 services. (MT) (MT) Issued: July 11, 1997 G. Clay Bailey Effective: July 12, 1997 Directory, Regulatory Affairs
38 Section No. 7 First Revised Page No. 2 SPECIAL RESERVED FOR FUTURE USE This tariff sheet cancels Original Pages 2 through 68 of Section 7. Issued: R. Paul Waits Effective: February 16, 1988 Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
39 Section No. 8 First Revised Page No. 1 BILLING AND COLLECTION SERVICE DISCONTINUED This tariff sheet cancels Original Pages 1 through 48 of Section 8. Issued: October 27, 1986 David D. Cole Effective: January 1, 1987 Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
40 Section No. 9 Fourth Revised Page No. 1 DIRECTORY ASSISTANCE SERVICE 9. Directory Assistance Service Directory Assistance (DA) Service provides Directory Access Service to DA locations, use of DA access equipment, and use of DA operators to provide telephone numbers. Where applicable, the Telephone Company shall apply the rules and regulations governing DA services of the National Exchange Carrier Association s Tariff F.C.C. No. 5, Section 9, together with any amendments or successive issues thereof approved by the FCC. The Telephone Company shall apply, where applicable, the rates for Directory Assistance Service as filed by the National Exchange Carrier Association in Tariff F.C.C. No. 5, Section 17, and in effect as of June 30, Issued: July 11, 1997 G. Clay Bailey Effective: July 12, 1997 Directory, Regulatory Affairs
41 Section No. 9 First Revised Page No. 2 DIRECTORY ASSISTANCE SERVICE RESERVED FOR FUTURE USE This tariff sheet cancels Original Pages 2 through 12 of Section 9. Issued: R. Paul Waits Effective: February 16, 1988 Directory, Regulatory Affairs Docket No U PO Box 4065, Monroe, Louisiana 71211
42 Section No. 10 Fourth Revised Page No. 1 SPECIAL FEDERAL GOVERNMENT 10. Special Federal Government Access Services This section covers Special Access Services that are provided to a customer for use only by agencies or branches of the Federal Government and other users authorized by the Federal Government. Services provided to state emergency operations centers are included. These services provide for command end control communications, including communications for national security, emergency preparedness and presidential requirements. They are required to assure continuity of Government in emergency and crisis situations and to provide for national security. Services for command and control communications and for national security and emergency preparedness sometimes require short notice and short duration service provisions. These provisions are especially needed to meet presidential requirements or in response to natural, manmade, or declared emergencies. Requirements of this type cannot be forecasted and are usually needed for a relatively short period. The Provision of service under these conditions may require the availability of facilities, such as portable microwave equipment, which are provided on a temporary basis by the Telephone Company or customer. Where applicable, the Telephone Company shall apply the rules and regulations governing Special Federal Government Access Services of the National Exchange Carrier Association s Tariff F.C.C. No. 5, Section 10, together with any amendments of successive issues thereof approved by the FCC. The Telephone Company shall apply, where applicable, the rates for Special Federal Government Access Services as filed by the National Exchange Carrier Association in Tariff F.C.C. No. 5, Section 17, and in effect as of June 30, Issued: July 11, 1997 G. Clay Bailey Effective: July 12, 1997 Directory, Regulatory Affairs
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