Prior to February 1, 2003, dedicated access service was furnished under Intermedia Communications Inc. Tariff FCC No. 12 filed with the Federal Communications Commission and now canceled. Beginning February 1, 2003, service is being furnished pursuant to this Guide and any underlying written contract between the Company and the Customer.
Please note the following regarding this important change.
· Some of the definitions and terms and conditions contained in former Intermedia Communications Inc. Tariff FCC No. 12 are reflected in the General Definitions and General Terms and Conditions of Service and, accordingly, were removed from the former tariff at the time of detariffing on February 1, 2003. This explains why there may be omissions or “gaps” in the service information previously found in Intermedia Communications Inc. Tariff FCC No. 12 and currently contained in this Guide.
· Except as noted in the preceding paragraph, the text of this Guide replicates the information contained in former under Intermedia Communications Inc. Tariff FCC No. 12 on January 31, 2003.
· If there is an inconsistency between a General Definition or a General Term and Condition, a service-specific definition or term and condition, or a definition and term and condition contained in a written contract between the Company and the Customer, the relationship with the Customer will consist of the following, in order of precedence from (1) through (3): (1) the definition or term and condition in the written contract; (2) the service-specific definition or term and condition; and (3) the General Definition or Term and Condition. An “inconsistency” will be deemed to include any instance in which a service-specific definition or a service-specific term and condition has no counterpart in the General Definitions or the General Terms and Conditions of Service.
· The Company may change the Guide from time to time and any change made will be binding on customers after fulfillment of the notice period set forth in Section 7.B of the General Terms and Conditions.
· Any reference to “tariff” within the text of the Guide shall mean “Guide.”
SECTION 1 - DEFINITIONS
Certain terms used generally throughout this tariff for the Access Services of this Company are defined below.
Co-Carrier: Any other Telecommunications provider authorized by the Commission to provide local exchange service in the state.
Customer Premises: The space occupied by a Customer or Authorized User in a building or buildings or on contiguous property (except railroad rights-of-way, etc.).
End User: Any individual, association, corporation, governmental agency or any other entity other than an Interexchange Carrier which subscribes to intrastate service provided by an Exchange Carrier.
Entrance Facility: A trunk facility connecting the Customer’s point of presence with the local switching center.
Firm Order Confirmation (FOC): Acknowledgment by the Company of receipt of an Access Service Request from the Customer and commitment by the Company of a Service Date.
Local Switching Center: The switching center where telephone exchange service Customer station Channels are terminated for purposes of interconnection to each other and to interoffice Trunks.
Out of Band Signaling: An exchange access signaling feature which allows customers to exchange call control and signaling information over a communications path which is separate from the message path.
Service Order: The written request for Network Services executed by the Customer and the Company in a format devised by the Company; or, in the alternative, the submission of an Access Service Request by the Customer in the manner specified in this tariff.
Service(s): The Company's telecommunications Access Services offered on the Company's Network.
Signaling Point of Interface: The Customer designated location where the SS7 signaling information is exchanged between the Company and the Customer.
Signaling System 7 (SS7): The common Channel Out of Band Signaling protocol developed by the Consultative Committee for International Telephone and Telegraph (CCITT) and the American National Standards Institute (ANSI).
Trunk: A communications path connecting two switching systems in a network, used in the establishment of an end-to-end connection.
SECTION 2 - RULES AND REGULATIONS
2.1 Undertaking of the Company
2.1.1 Scope
Company’s services offered pursuant to this Tariff are furnished for Dedicated Access Service. Company may offer these services over its own or resold facilities.
Company installs, operates, and maintains the communications services provided herein in accordance with the terms and conditions set forth under this Tariff. Company may act as the Customer’s agent for ordering access connection facilities provided by other carriers or entities as required in the Commission’s rules and orders, when authorized by the Customer, to allow connection of a Customer’s location to the Company network. The Customer shall be responsible for all charges due for such service agreement.
2.1.2 Shortage of Equipment or Facilities
2.1.3 Terms and Conditions
A.
B. Customers seeking to cancel service have an affirmative obligation to block traffic originating from or terminating to the Company’s network. By originating traffic from or terminating traffic to the Company’s network, the Customer will have constructively ordered the Company’s switched access service.
C. The Customer agrees to operate Company-provided equipment in accordance with instructions of the Company or the Company's agent. Failure to do so will void Company liability for interruption of service and may make the Customer responsible for damage to equipment pursuant to section 2.1.3.D below.
D. The Customer agrees to return to the Company all Company-provided equipment delivered to Customer within five (5) days of termination of the service in connection with which the equipment was used. Said equipment shall be in the same condition as when delivered to Customer, normal wear and tear only excepted. Customer shall reimburse the Company, upon demand, for any costs incurred by the Company due to Customer's failure to comply with this provision.
2.1.4 Liability of the Company
A.
B.
C.
D.
E.
F.
G.
H.
I. The Company shall be indemnified and held harmless by the End User against any claim, loss or damage arising from the End User's use of services offered under this tariff including: claims for libel, slander, invasion of privacy or infringement of copyright arising from the End User's own communications; patent infringement claims arising from the End User's combining or connecting the service offered by the Company with facilities or equipment furnished by the End User of another Interexchange Carrier; or all other claims arising out of any act or omission of the End User in connection with any service provided pursuant to this tariff.
J. The entire liability of the Company for any claim, loss, damage or expense from any cause whatsoever shall in no event exceed sums actually paid to the Company by the Customer for the specific services giving rise to the claim, and no action or proceeding against the Company shall be commenced more than one year after the service is rendered.
K.
L.
M.
2.1.5 Notification of Service-Affecting Activities
The Company will provide the Customer reasonable notification of service-affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventative maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period is applicable to all service activities. The Company will work cooperatively with the Customer to determine the reasonable, notification requirements. With some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage, notification to the Customer may not be possible.
2.1.6 Provisions of Equipment and Facilities
A. The Company shall use reasonable efforts to make available services to a Customer on or before a particular date, subject to the provisions of and compliance by the Customer with, the regulations contained in this tariff. The Company does not guarantee availability by any such date and shall not be liable for any delays in commencing service to any Customer.
B.
C.
D. Equipment the Company provides or installs at the Customer Premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which the Company provided it.
E. The Customer shall be responsible for the payment of service charges imposed on the Company by another entity, for visits to the Customer Premises when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including but not limited to the Customer.
F.
G.
H.
2.1.7 Non-routine Installation
At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in unusual locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company will apply. If installation is started during regular business hours but, at the Customer's request, extends beyond regular business hours into time periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply.
2.1.8 Special Construction
Subject to the arrangement of the Company and to all of the regulations contained in this tariff, special construction of facilities may be undertaken on a reasonable efforts basis at the request of the Customer. Special construction is that construction undertaken and characterized by one or more of the following:
A. where facilities are not presently available and there is no other requirement for the facilities so constructed;
B. of a type other than that which the Company would normally utilize in the furnishing of its services;
C. where facilities are to be installed over a route other than that which the Company would normally utilize in the furnishing of its services;
D. where facilities are requested in a quantity greater than that which the Company would normally construct;
E. where installation is on an expedited basis;
F. on a temporary basis until permanent facilities are available;
G. installation involving abnormal costs; or
H. in advance of its normal construction schedules.
Special construction charges for Switched Access Service will be determined on an individual use basis.
2.1.9 Ownership of Facilities
Title to all facilities provided in accordance with this tariff remains in the Company, its agents, contractors or suppliers.
2.2 Prohibited Uses
2.2.1
2.2.2 The Company may require applicants for service who intend to use the Company's offerings for resale and/or for shared use to file a letter with the Company confirming their use of the Company's offerings complies with relevant laws and applicable state regulations, policies, orders, and decisions; and if the Reseller intends to provide intrastate services, is certified with the appropriate state entity.
2.2.3 The Company may require a Customer to immediately shut down its transmission of signals if said transmission is causing interference to others.
2.3 Obligations of the Customer
2.3.1 The Customer shall be responsible for:
A.
B. reimbursing the Company for damage to, or loss of, the Company's facilities or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer with these regulations; or by fire or theft or other casualty on the Customer Premises, unless caused by the negligence or willful misconduct of the employees or agents of the Company. The Company will, upon reimbursement for damages to its facilities or equipment, cooperate with the Customer in prosecuting a claim against the person causing such damage and the Customer shall be subjugated in the Company's right of recovery of damages to the extent of such payment;
C. providing at no charge, as specified from time to time by the Company, any needed personnel, equipment, space, and power to operate Company facilities and equipment installed on the Customer Premises, and the level of heating and air conditioning necessary to maintain the proper operating environment on such Customer Premises;
D. obtaining, maintaining, and otherwise having full responsibility for all rights-of-way and conduit necessary for installation of fiber optic cable and associated equipment used to provide Access Services to the Customer from the cable building entrance or property line to the location of the equipment space described in 2.3.l.C above. Any costs associated with obtaining and maintaining the rights-of-way described herein, including the costs of altering the structure to permit installation of the Company-provided facilities, shall be owned entirely by, or may be charged by the Company to, the Customer. The Company may require the Customer to demonstrate its compliance with this subsection prior to accepting an order for service;
E. providing a safe place to work and complying with all laws and regulations regarding the working conditions on the Customer Premises at which Company employees and agents shall be installing or maintaining the Company’s facilities and equipment. The Customer may be required to install and maintain Company facilities and equipment within a hazardous area if, in the Company’s opinion, injury or damage to the Company employees or property might result from installation or maintenance by the Company. The Customer shall be responsible for identifying, monitoring, removing, and disposing of any hazardous material (e.g. friable asbestos) prior to any construction or installation work;
F. complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses, and permits as may be required with respect to, the location of Company facilities and equipment in any Customer Premises or the rights-of-way for which Customer is responsible obtaining under Section 2.3.1.D above; and granting or obtaining permission for Company agents or employees to enter the Customer Premises at any time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment of the Company; and
G. not creating or allowing to be placed or maintained any liens or other encumbrances on the Company’s equipment or facilities.
2.3.2 Claims
A.
B.
2.3.3 Jurisdictional Reporting
A.
B.
C.
D.
E.
2.4 Customer Equipment and Channels
2.4.1 General
2.4.2 Station Equipment
A. The Customer is responsible for providing and maintaining any terminal equipment on the Customer Premises. The electric power consumed by such equipment shall be provided by, and maintained at the expense of, the Customer. All such terminal equipment must be registered with the FCC under 47 C.F.R., Part 68 and all wiring must be installed and maintained in compliance with those regulations. The Company will, where practicable, notify the Customer that temporary discontinuance of the use of a service may be required; however, where prior notice is not practicable, nothing contained herein shall be deemed to impair the Company’s right to discontinue forthwith the use of a service temporarily if such action is reasonable under the circumstances.
In case of such temporary discontinuance, the Customer will be promptly notified and afforded the opportunity to correct the condition which gave rise to the temporary discontinuance. During such period of temporary discontinuance, credit allowance for service interruptions as set forth in Section 2.6 following is not applicable.
B.
2.4.3 Interconnection of Facilities
A.
B.
2.4.4 Inspections
A.
B. If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilities, equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notify the Company of the action taken. If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment, and personnel from harm. The Company will, upon request 24 hours in advance, provide the Customer with a statement of technical parameters that the Customer’s equipment must meet.
2.5 Payment Arrangements
2.5.1 Payment for Service
A. Taxes
2.5.2 Billing and Collection of Charges
Unless otherwise specified herein, bills are due and payable upon receipt.
Non-Recurring Charges are due and payable within 30 days after the invoice date.
The Company shall present invoices for all Charges monthly to the Customer.
The Customer shall notify the Company of any disputed items on an invoice within 90 days of receipt of the invoice. If the Customer and the Company are unable to resolve the dispute to their mutual satisfaction, the Customer may file a complaint with the Commission in accordance with the Commission’s rules of procedures.
2.5.3 Refusal and Discontinuance of Service
A. Upon nonpayment of any amounts owing to the Company, the Company may, by giving requisite prior written notice to the Customer discontinue or suspend service without incurring any liability.
B. Upon violation of any of the other material terms or conditions for furnishing service the Company may, by giving 30 days' prior notice in writing to the Customer, discontinue or suspend service without incurring any liability if such violation continues during that period.
C. Upon condemnation of any material portion of the facilities used by the Company to provide service to a Customer or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair, the Company, by notice to the Customer, may discontinue or suspend service without incurring any liability.
D.
E. Upon the Company's discontinuance of service to the Customer under Section 2.5.3.A or 2.5.3.B above, the Company, in addition to all other remedies that may be available to the Company at law or in equity or under any other provision of this tariff, may declare all future monthly and other charges which would have been payable by the Customer during the remainder of the term for which such services would have otherwise been provided to the Customer to be immediately due and payable.
F. The Company may discontinue the furnishings of any and/or all service(s) to Customer, without incurring any liability:
1. Immediately and without notice if the Company deems that such action is necessary to prevent or to protect against fraud or to otherwise protect its personnel, agents, facilities or services. The Company may discontinue service pursuant to this sub-section 2.5.3.F.1.(a-f), if
(a)
(b)
(c)
(d) The Customer has been given written notice by the Company of any past due amount (which remains unpaid in whole or in part) for any of the Company's other Common Carrier communications services to which the Customer either subscribes or had subscribed or used; or
(e)
2. Upon fourteen (14) days’ written notice to the Customer of any sum thirty (30) days past due;
3. Upon ten (10) days’ written notice to the Customer, after failure of the Customer to comply with a request made by the Company for security for the payment of service in accordance with Section 2.5.3.A, above; or
4. Seven (7) days after sending the Customer written notice of noncompliance with any provision of this tariff if the noncompliance is not corrected within that seven (7) day period. The discontinuance of service(s) by the Company pursuant to this Section does not relieve the Customer of any obligation to pay the Company for charges due and owing for service(s) furnished up to the time of discontinuance.
G.
2.5.4 Cancellation of Application for Service
Where, prior to cancellation by the Customer, the Company incurs any expenses in installing the service or in preparing to install the service that it otherwise would not have incurred, a charge equal to the costs the Company incurred, less net salvage, shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered, including installation charges, and all charges others levy against the company that would have been chargeable to the Customer had service begun. The special charges described will be calculated and applied on a case-by-case basis.
2.6 Allowances for Interruptions in Service
Interruptions in service which are not due to the negligence of or noncompliance with the provisions of this tariff by, the Customer or the operation or malfunction of the facilities, power, or equipment provided by the Customer, will be credited to the Customer as set forth in 2.6.1 for the part of the service that the interruption affects.
The credit allowance will be calculated by the Company after the Customer notifies the Company of service interruption. The amount of the allowance will depend on the length of the outage and the service impacted. Service Outage conditions are defined as complete loss of call origination and/or receipt capability. Credit Allowances, if any, will be deducted from the charges payable by the IXC and will be expressly indicated on the next invoice. A Service Outage begins when the IXC reports the outage to the Company. A Service Outage ends when the affected circuit and/or associated Company equipment is fully operational in accordance with the technical specifications.
Credit allowances do not apply to outages (i) caused by the IXC; (ii) due to failure of equipment provided by the IXC; (iii) during any period in which the Company is not given access to the service premises; (iv) failures of LEC facilities or equipment which are carrying the failures resulting from the activities or negligence of LEC employees; (vi) inability to gain access to the IXC's equipment; and (vii) due to mutually agreed upon maintenance and repair.
Credit Allowances received by the Company from the LEC for Off-Net facility outages which affects the IXC's Switched Services will be passed through to the IXC in the form of a credit on the next invoice.
2.6.1 Limitations on Allowances
No credit allowance will be made for:
A. interruptions due to the negligence of, or noncompliance with the provisions of this tariff by, the Customer, Authorized User, Joint-User, or other Common Carrier providing service connected to the service of Company;
B. interruptions due to the negligence of any person other than the Company, including, but not limited to, the Customer or other Common Carriers connected to the Company's facilities;
C. interruptions due to the failure or malfunction of non-Company equipment;
D. interruptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions;
E. interruptions of service during a period in which the Customer continues to use the service on an impaired basis;
F. interruptions of service during any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements;
G. interruption of service due to circumstances or causes beyond the control of the Company.
2.7 Transfers and Assignments
Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the services and facilities provided by the Company without the written consent of the other party, except that the Company may assign its rights and duties (a) to any subsidiary, parent Company or affiliate of the Company (b) pursuant to any sale or transfer of substantially all the assets of the Company; or pursuant to any financing, merger or reorganization of the Company.
2.8 Notices and Communications
2.8.1 The Customer shall designate on the Service Order an address to which the Company shall mail or deliver all notices and other communications, except that the Customer may also designate a separate address to which the Company's bills for service shall be mailed.
2.8.2 The Company shall designate on the Service Order an address to which the Customer shall mail or deliver all notices and other communications, except that the Company may designate a separate address, on each bill for service, to which the Customer shall mail payment on that bill.
2.8.3 All notices or other communications required to be given pursuant to this tariff shall be in writing. Notices and other communications of either party, and all bills mailed by the Company, shall be presumed to have been delivered to the other party on the third business day following deposit of the notice, communication, or bill with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first.
2.8.4 The Company or the Customer shall advise the other party of any changes to the addresses designated for notices, other communications or billing, by following the procedures for giving notice set forth herein.
2.9 Meet Point Billing
SECTION 6 - DEDICATED ACCESS SERVICE RATES
The Company provides interstate Dedicated Access Service for use as a stand-alone service, or in connection with other Company services. Dedicated Access Services are offered on a point-to-point basis. Each Dedicated Access Service is dedicated to the Customer and the entire usable bandwidth for each service is available to the Customer for their exclusive use.
6.1 Metro Private Line Access Service
Metro Private Line Access Service is a point-to-point and multi-point service which provides Customers access to private telecommunications networks, wide area networks, connections with information service providers and interexchange carriers who transport interstate traffic.
6.1.1 Metro Private Line Access Service is available at varying transmission speeds as follows:
6.1.1.1 Voice Grade Service: Voice grade service provides frequency transmission capability in the nominal frequency range of 300 to 3000 Hz and may be terminated utilizing two-wire or four-wire circuits. Voice grade service can carry both analog and digital data.
6.1.1.2 Digital Data Service: Digital data service provides the duplex four-wire transmission of synchronous serial data at rates ranging from 2.4 to 64 kbps (DS0).
6.1.1.3 High Capacity Service (DS-1): High capacity service provides transmission of synchronous serial data at speeds of 1.544 or 2.048 Mbps. Transmission of intermediate bit rate channels in multiple increments of either 56 or 64 kbps up to 1.544 Mbps is also available.
6.1.1.4 Very High Capacity Service (DS-3): Very high capacity service provides transmission of synchronous serial data at speeds of 44.736 Mbps or faster.
6.1.1.5 Metro Private Line SONET
Service: Metro Private Line SONET Service, provides transmission of data
at speeds of 155 Mbps or higher through an optical signal on the Synchronous
Optical Network (SONET) in a Type 1 network configuration. OC3
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(156.52 Mbps) and OC12
(622.08 Mbps) speeds are available in either concatenated or channelized
configurations. OC48 (2.488 Gbps) is available in channelized form.
6.1.2 Metro Private
Line Access Service in Type 1 and
T N
Type 2 network
configurations is
available from the
following locations.
Albany, NY
Albuquerque, NM
Atlanta, GA
Austin, TX
Bakersfield, CA
Baltimore, MD
Boston, MA
Buffalo, NY
Chicago, IL
Cleveland, OH
Dallas, TX
Denver, CO
Detroit, MI
Forth Worth, TX
Fresno, CA
Grand Rapids, MI
Hartford, CT
Houston, TX
Indianapolis, IN
Jackson, MS
Kansas City, MO
Knoxville, TN
Lansing, MI
Little Rock, AR
Los Angeles, CA
Manchester, NH
Miami, FL
Milpitas, CA
Minneapolis, MN
Nashua, NH
Long Island, NY
New Jersey (Central)
New Jersey (North)
New York, NY
Oakland, CA
Ogden, UT
Oklahoma City, OK
Orange County, CA
Orlando, FL
Palo Alto, CA
Philadelphia, PA
Phoenix, AZ
Pittsburgh, PA
Portland, ME
Portland, OR
Providence, RI
Provo, UT
Reno, NV
Richmond, VA
Rochester, NY
Sacramento, CA
San Antonio, TX
San Diego, CA
San Francisco, CA
San Jose, CA
San Mateo, CA
Santa Clara, CA
Salt Lake City, UT
Seattle, WA
Springfield, MA
Springfield, MO
St. Louis, MO
St. Paul, MN
Stamford, CT
Stockton, CA
Sunnyvale, CA
Tampa, FL
Toledo, OH
Traverse City, MI
Tucson, AZ
Tulsa, OK
Washington, DC
White Plains, NY
Wilmington, DE
6.1.3 Metro Private Line Digital Service Level Guarantee (SLG)
The Metro Private Line Digital Service Level Guarantee (SLG)
applies to Digital Data Service (DS‑0), High Capacity Service (DS‑1),
and Very High Capacity Service (DS‑3) circuits which are ordered on or
after December 18, 2001, with a term commitment of at least one
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year, except that the
Service Installation SLG applies to DS-0, DS-1 and DS-3 circuits in a Type 1
service configuration which are
ordered on or after
December 18, 2001, only. Customers will be eligible to receive special credit
allowances for failure by the Company to satisfy two Performance Standards:
"Service Availability" and "Mean Time to Repair (MTTR)".
If these special credit allowances are not applicable to a circuit, the
Customer will receive credit outage allowances pursuant to the provisions
contained in Section 2.6.
Definitions: For purposes of this SLG, the following definitions apply:
• Mean Time to Repair (MTTR): MTTR is the period of time commencing with the date and time the Customer first informs the Company of a circuit Service Outage (i.e. opens a "Trouble Ticket") and ending on the date and time that service on that circuit is restored.
•
M M
Service Availability:
Service Availability is the total number of minutes in a monthly billing period
during which service on that circuit is available for use by the Customer,
divided by the total number of minutes in that monthly billing period. For the
purposes of this SLG, Service Availability will be calculated by taking into account
the time between the initiation of a Trouble Ticket for a Service Outage and
reductions in time for factors or conditions that are not the
Company's service
responsibility.
•
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Service Installation
Period: The span of time commencing on the date the Company accepts a completed
Customer order for installation and ending on the date the Company completes
service installation and the service becomes available for
Customer use.
• Service Outage: An unscheduled period of time when service is unavailable for use by the Customer. A Service Outage is defined as 60 or more seconds of service unavailability within a 15‑minute period measured by the Company. A Service Outage may occur as a result of the Company's failure to meet its performance obligations or for factors or conditions that are not the Company's service responsibility, including those specified in the "Exclusions" section below.
• Trouble Ticket: The result of reporting by a Customer to the Company of a perceived Service Outage.
Qualifications:
To be eligible to receive an SLG credit for a Service Outage, a Customer must: (i) initiate a Trouble Ticket within four hours of first learning of an Outage; and, (ii) make a written request for SLG credit to the Company within five days of initiating the Trouble Ticket. When making an SLG credit request, the Customer must provide the Company with the following information: (1) the Trouble Ticket number; (2) the date and time the Trouble Ticket was initiated; and (3) the circuit ID number for each circuit that experienced the Service Outage.
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To receive SLG credit
for Service Installation Period SLG, an eligible Customer must make a written
request for a credit to the Company within five business days of the completed
installation of the qualifying service. When making this credit request, the
Customer must provide the Company with the following information: (1) the date
the Service Installation Period commenced; (2) the date specified for
installation in the Customer order; (3) the date installation was completed;
(4) the circuit ID for each circuit that was not installed within the SLG; and,
(5) the Customer's order
number.
Service Level Guarantees:
Mean Time to Repair (MTTR): The SLG for a Type 1 network configuration service is 2 hours. The SLG for a Type 2 network configuration service is 4 hours.
To determine whether the SLG has been satisfied, a monthly "MTTR circuit average" will be determined by dividing the cumulative length of service outages for a circuit by the total number of Trouble Tickets opened during a monthly billing period for the circuit.
T T
Service
Availability: The
SLG for a Type 1 network configuration service is 100 percent. The SLG for a
Type 2 network configuration service is
99.8 percent.
Service Installation Guarantee: The Company guarantees installation of qualifying service within a Service Installation Period which does not exceed the longer of (i) the period specified for installation in the Customer order or (ii) the following number of days, excluding weekends and Company holidays, based on circuit type:
Circuit Type Days
DS-0 14
DS-1 14
DS-3 20
If, at any time during the Service Installation Period, the Company ascertains that it lacks the facilities necessary to install service and so notifies the Customer, the Company will be relieved of any obligation to issue any SLG credits to the Customer with regard to the affected service.
Credits:
During any monthly billing period in
C
which the Company fails
to meet an SLG, other than the Service Installation Period SLG, for a Type 1
network configuration service circuit, the Customer will receive credit for
that circuit, as follows, provided, however, that the Customer may not receive
a special credit allowance for a circuit for more than 6 months in any 12‑month
period:
• For a one month failure, the Company will provide a credit equal to 5 percent of the monthly recurring circuit charges, after application of all discounts.
• For a failure of two consecutive months, the Company will provide a credit equal to 10 percent of the monthly recurring circuit charges, after application of all discounts, for the second month.
• For a failure of three
consecutive months, either: (1) the Company will provide a credit equal to 15
percent of the monthly recurring circuit charges, after application of all
discounts, for the third month and each consecutive month thereafter that the
Customer remains subscribed to the circuit and the Company fails to satisfy the
SLG; or (2) the Customer may terminate service for that circuit without
incurring termination liability, except for charges incurred prior to service
termination, provided that the Customer notifies the Company in writing of its
intent to terminate the circuit no later than 30 days after the conclusion of
the third month or any consecutive month
C
thereafter. For a
failure of three consecutive months or more, the Company, upon written notice
to a Customer, may terminate its performance obligations under this SLG, which
will result in the application to circuit performance of the credit outage
allowance provisions contained in Section 2.6.
During any monthly billing period in which the Company fails to meet an SLG, other than the Service Installation Period SLG, for a Type 2 circuit, the Customer will receive credit for that circuit, as follows, provided, however, that the Customer may not receive a special credit allowance for a circuit for more than 6 months in any 12‑month period:
• For a one month failure, the Company will provide a credit equal to 25 percent of the monthly recurring circuit charges, after application of all discounts.
• For a failure of two consecutive months, the Company will provide a credit equal to 50 percent of the monthly recurring circuit charges, after application of all discounts, for the second month.
• For a failure of three consecutive months, either: (1) the Company will provide a credit equal to 100 percent of the monthly recurring circuit charges, after application of all discounts, for the third month and each consecutive month thereafter that the Customer remains subscribed to the circuit and the Company fails to satisfy the SLG; or (2) the Customer may terminate service for that circuit without incurring termination liability, except for charges incurred prior to service termination, provided that the Customer notifies the Company in writing of its intent to terminate the circuit no later than 30 days after the conclusion of the third month or any consecutive month thereafter. For a failure of three consecutive months or more, the Company, upon written notice to a Customer, may terminate its performance obligations under this SLG, which will result in the application to circuit performance of the credit outage allowance provisions contained in Section 2.6.
If the Company fails to satisfy the
Service Installation Period SLG, the Company will provide a credit equal to: 50
percent of the monthly recurring charges for circuits installed one to ten
business days after the SC
Z
G; and, 100 percent of
the monthly recurring charges for circuits installed more than 10 business days
after the SLG.
Exclusions:
Service Availability and MTTR SLG calculations will not include time during which a Service Outage results from any one or more of the following:
• Scheduled service maintenance.
• Labor strikes affecting service.
• Force majeure events beyond the reasonable control of the Company (including, but not limited to, acts of God, government regulation, and national emergency).
• Service Outages attributable to the installation of a new circuit.