CENTRAL TELEPHONE COMPANY NEVADA DIVISION ( SPRINT ) NEVADA BROADBAND TERMS AND CONDITIONS SECTION THREE: LOCAL EXCHANGE SERVICE This document is based on the Nevada General Customer Tariff as it existed on November 30, 2003. For consistency, the section numbers in this document are identical to those previously in the Tariff. Any breaks or gaps in section numbering result from the deletion of former Tariff language, consistent with SB 400. 3.1 GENERAL 3.1.1 Rates for local service comprehend service without additional charge when the primary service is located within the Base Rate Area of the serving exchange. Local primary service located within the boundaries of the serving exchange, but outside of the Base Rate Area will be provided at the applicable rates for local basic service. 3.1.2 Sprint reserves the right to provide local exchange service from any central office within the exchange area at its discretion. 3.1.3 Service provided outside of the Base Rate Area of the serving exchange will be subject to conditions set forth in Section 5 of Sprint s Tariff or these Terms and Conditions and whenever applicable line extension charges will apply. 3.1.4 For the purpose of this Section "Special Service Rate Area" is defined as an outlying section within Sprint's operating territory, either outside of or within an exchange area, where special rate treatment is applicable. 3.1.5 Extended Area Service, without additional charge, will be provided between Sprint's Las Vegas, Mt. Charleston, Searchlight, Nelson and Jean exchanges. 3.1.6 Local facilities to provide off premise extension lines from the premises where the primary local exchange service is located will be provided in accordance with the provisions and applicable mileage charges set forth in Section 13 of the Nevada General Customer Tariff or these Terms and Conditions as applicable. 3.1.7 Rates for local basic service include the provision of touch calling service. Touch calling service allows the use of push-button keys and multifrequency tones, in lieu of rotary dials, on telephone instruments to originate calls. 3.10 SHARED TENANT SERVICE (STS) 3.10.1 General Shared Tenant Services (STS) shall be subject to the terms and conditions specified in this Section and providers shall comply with regulations and conditions of service applicable to business customers of Sprint, as set forth in Sprint s Tariffs and Terms and Conditions. 3.10.2 Definitions A. Contiguous Property means a single parcel of land or adjoining parcels of land which are touching at a point, an edge or along a boundary, without interruption, #100516.3
or would be touching at a point, edge or along a boundary if not intersected or traversed by a public thoroughfare or right-of-way. B. End User means a person who subscribes to telecommunications services from a provider of Shared Tenant services, or a person within the boundaries of a Shared Tenant environment who subscribes to the telecommunication services of Sprint. C. Point of Demarcation means the point of interconnection between a telephone company s communications facilities (and its protective apparatus) and the terminal equipment or wiring at a provider s premises. D. Provider means a person who subscribes to a Shared Tenant Service from Sprint and redistributes the service to end users on contiguous property which is under the provider s common control or ownership. The term provider in these Terms and Conditions does not include a person who provides telephone service accessible to providers or end users of pay phones, hotels, motels, universities or hospitals. E. Shared Tenant Service (STS) means a business service provided by Sprint to a provider which terminates at a point of demarcation. The service is redistributed by the provider to end users. F. Transient Apartment means an apartment in a complex with multiple units, a residential hotel, an apartment hotel, a complex of time-share condominiums, or other complex on contiguous property, in which the average length of stay per room, unit or apartment as calculated for the entire complex is not more than 30 days. 3.10.3 Regulations A. Sprint will provide Shared Tenant Service to a provider who intends to provide service to end users who occupy business property and/or transient apartments, all on contiguous property, which is under the provider s common control or ownership. B. Sprint will furnish the prospective provider of Shared Tenant Services copies of these Terms and Conditions regulating Shared Tenant Service and obtain a written acknowledgment from the provider of its receipt of these regulations prior to accepting an order for Shared Tenant Services from the provider. C. Responsibility of Sprint 1. Sprint is responsible to a provider only for furnishing facilities to the point of demarcation suitable for Shared Tenant Service and for maintaining and operating such facilities in a manner that ensures the timely delivery of the service. 2. Sprint will notify the provider that it requires access to the facilities of the provider when an end user orders service directly from Sprint. The facilities will be provided as detailed in items 3 and 4 below. 3. If facilities to serve the end user are not available from the provider, Sprint will provide the necessary facilities at the expense of the end user. #100516.3 2
4. Sprint may collect additional charges from the provider for the cost of special construction. a. Special construction charges are in addition to the standard rates and charges for Shared Tenant Service. b. Special construction charges apply if one or more of the following conditions exist: 1) Sprint has no other requirement for the facilities constructed at the request of the provider. 2) The provider wishes to furnish telecommunications service using a type of facility, or via a route, other than that which Sprint would otherwise use in furnishing the requested service. 3) The provider requests the construction of more facilities than are required to satisfy its order for service. 4) The provider requests expedited construction and compliance with the request results in added cost to Sprint. 5) The provider requests that Sprint construct temporary facilities until permanent facilities are available. 6) The order for service placed by the provider causes Sprint to incur extraordinary costs resulting from the abandonment of facilities previously installed to provide service to the location served by the provider. 7) Sprint will respond only to service calls made by the provider or an agent of the provider who is designated in a letter of authorization received from the provider. All applicable service charges will apply if Sprint visits the premises in response to a report of a problem and determines that the problem is on the provider s side of the point of demarcation. 8) Sprint will respond to a service call made by an end user only if that end user is a direct customer of Sprint. All applicable service charges will apply if Sprint visits the premises in response to a report of a problem and determines that the problem is on the provider s side of the point of demarcation. D. Responsibility of the Provider 1. General a. The provider of Shared Tenant Services shall comply with all regulations and conditions of service applicable to business customers of Sprint as set forth in its Terms and Conditions. b. The provider who requests Shared Tenant Service to serve end users in transient apartments must provide to Sprint, at the time of the request and annually thereafter, a sworn verification, signed by an officer or other authorized representative of the provider, that the site to which Shared #100516.3 3
Tenant Service is or will be provided meets the definition of transient apartment as defined in 3.10.2.F of this Terms and Conditions. 2. Responsibility of the Provider to the End User a. The provider will not require end users to subscribe to its services. b. The provider will inform an end user of the right to subscribe to telecommunication services directly from Sprint before the provider establishes service with the end user. c. The provider must obtain written acknowledgment from each end user of Shared Tenant Service, at the time the end user requests service from the provider that: 1) the end user is aware of and may, at any time, obtain service from Sprint at no charge from the provider to the end user. 2) the provider is the sole contact for end users for all questions, service problems and billing disputes related to the services provided by the provider (i.e., not for Sprint services). 3) the end user may subscribe to listings in Sprint s directory through the provider. 4) the end user has unlimited access to local and intralata operator services, emergency 911 service and other emergency services. 5) the end user is aware that the telephone numbers assigned to the provider for use by end users are the property of Sprint and not of the provider or end user. 6) the end user is aware that if the provider ceases to provide Shared Tenant Services, he may be required to pay applicable service connection charges and charges associated with establishing service with Sprint for special construction from the point of demarcation to the premises where the telephone is located. 7) the end user is aware that Sprint may interrupt service if the provider fails to pay for the service. 8) the end user in a transient apartment may access the long distance operator services of his choice by dialing an 800 access number or, where facilities permit, a 101XXXX 0+ access number. d. The provider must retain the written acknowledgment identified in item (c.) above for at least three (3) months after the termination of the service provided to the end user. e. The provider will provide end user with provider s telephone number for repair services of the provider when the provider establishes service with the end user. f. The provider must separately identify all charges for local service that it provides on the bill of an end user. #100516.3 4
g. The provider must not charge the end user for Shared Tenant Service if that end user is a customer of Sprint. h. The end user of a provider must contact the provider for any problems related to the services provided in connection with the Shared Tenant Service. Sprint is not responsible to the end user for those services. i. At the request of an end user of Shared Tenant Service: 1) the provider will subscribe to the listings in the Sprint directory on behalf of the end user. 2) the provider will contact Sprint to initiate new listings in the Sprint directory and to cancel existing listings. 3) the provider shall pay the applicable Terms and Conditions rates for the listings. j. The provider will inform end users of the method for obtaining access to Sprint. k. The provider will provide unlimited access to local and intralata operator services, emergency 911 service and other emergency services. l. The provider will provide end users with clear dialing instructions for access to the services described in item (k.) above if the required dialing sequence differs from that used by Sprint. m. The provider who serves a transient apartment must allow an end user who occupies the apartment access to the long distance operator services desired by the end user by dialing an 800 access number or, where facilities permit, a 101XXXX 0+ access number. 3. Responsibility of the Provider Regarding Facilities/Routing a. The facilities of a provider that are connected to the facilities of Sprint must: 1) be installed in accordance with FCC 74 C.F.R. Part 68. 2) comply with all other technical standards with which Sprint must comply. b. The provider may purchase or lease from Sprint the existing inside wire facilities of Sprint which are on the provider s side of the point of demarcation to provide its service to end users. c. The provider is responsible for all cable facilities and all aspects of service on its side of the point of demarcation, including, but not limited to, the installation, repair maintenance and replacement of such facilities. d. The provider will verify to the best of its ability that any service problem is on Sprint s side of the point of demarcation before reporting the problem to Sprint. #100516.3 5
e. The provider must route all local calls to Sprint. f. The provider must hard wire all end users it serves directly to the switch used by the provider to serve those end users. g. The provider may not provide an extension from its switch to end users in a building or complex of buildings unless the extension is on the same contiguous property. Sprint may provide extension service terminating at an answering service or at a private residence outside the contiguous property boundary if requested by the end user of Shared Tenant Services. h. The provider is responsible for the through transmission of signals generated by the equipment of the provider, or for the quality or defects in that transmission. i. The provider is responsible for reception of signals by the equipment or systems of the provider. j. The provider is responsible for all damage to terminal equipment or systems of the provider because of testing by the provider. k. The provider will grant Sprint at no charge: 1) use of its inside wire facilities on the provider s side of the point of demarcation in order to provide service to end users who choose to subscribe directly to the telecommunications services of Sprint. 2) alternative pathways, such as conduit, easements or rights-of-way, if Sprint needs to reinforce or install additional cable because the provider fails to furnish adequate telecommunication service to end users. 4. Responsibility of the Provider Regarding Billing a. The provider will collect bills rendered for its telecommunication and billing services and for the use of its facilities. b. The provider will resolve billing disputes with its end users. c. The provider will pay all local and toll charges and make appropriate deposits with Sprint as required, even if the provider cannot collect the fees for its services from its end user. d. Should the provider fail to pay a bill, Sprint may terminate service subject to applicable Terms and Conditions regarding termination of service. e. Should the provider terminate service or Sprint terminates service before the provider fully pays all charges for installation and special construction, the provider shall pay the balance of the charges in full. #100516.3 6
3.10.4 Restrictions A. Sprint will not provide Shared Tenant Service to a prospective provider who intends to serve end users who occupy single-family residential dwellings or apartments in a complex with multiple units. 1. The provider shall not resell intrastate long distance service unless the provider obtains a certificate of public convenience and necessity (CPCN) to provide long distance service. If the provider obtains a CPCN for the resale of long distance service, it will be subject to the regulations set forth in Nevada Administrative Code (NAC) Chapter 704 for that portion of its operations. 2. The provider may not provide Shared Tenant Service and resell intrastate service out of the same switch unless the provider demonstrates that the switch is partitioned in such a way that the volume of telephone calls for the different classes of end users is clearly segregated to enforce the regulations, orders, decisions and Terms and Conditions applicable to each class of service. 3. The provider may not use intralata or interlata networking of Shared Tenant Service switches. B. The provider may obtain intralata private line service, at the applicable Terms and Conditions rates, service between exchanges directly from Sprint, provided that the service terminates at the premises of the provider for the private use of the provider. 3.11 CONFINEMENT SERVICE 3.11.1 General Confinement Services shall be subject to the terms and conditions specified in this Section 3.11 and Confinement Service Providers shall comply with regulations and conditions of service applicable to business customers of Sprint as set forth in Sprint s tariffs and these Terms and Conditions. 3.11.2 Definitions A. Confinement Facility means any place designated by law for the confinement of persons held in custody under process of law or under lawful arrest, including a facility for the detention of juveniles. B. Confinement Service Provider means a local exchange company or other person who provides confinement service. C. Confinement Service means telephone service that allows persons held in a confinement facility to make outgoing calls only, whether local, long distance or both. \ D. Recipient means the person to whom a telephone call is placed or billed. 3.11.3 Regulations A. Responsibility of the Confinement Service Provider #100516.3 7
1. The Confinement Service Provider must hold or receive a certificate of public convenience and necessity from the Commission to provide local, intralata, intrastate-interlata, intrastate-intercity, or alternative operator services; 2. The Confinement Service Provider must have on file with the Commission an approved Terms and Conditions or contract which specifies the rates, terms, and conditions applicable to the confinement services to be provided. 3. A Confinement Service Provider shall: a. Clearly announce its name to every recipient prior to acceptance of every call and before any charges are incurred; b. Terminate a collect call at no charge to the recipient within 15 seconds after the final prompt for acceptance, if the recipient fails to indicate his willingness to accept the charges for the call in the manner set forth in this section; c. Make information regarding its rates readily available, at no charge, to a recipient of a call placed through the confinement service. #100516.3 8