RULES,
REGULATIONS AND RATES APPLYING TO THE PROVISION OF
INTERSTATE
LONG DISTANCE SERVICE FOR SUBSCRIBERS OF
MAGAZINE TELEPHONE COMPANY
LOCATED
IN
MAGAZINE,
ARKANSAS
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Section |
Page No. |
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Original Title Page |
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Table
of Contents A |
1 |
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1. Application of Service Agreement |
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2. Definitions |
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3.
General Regulations 3.
1 Service Description 3.
2 Interconnection With Other Common Carriers 3.
2 Undertaking of the Company 3.
4 Use of Service 3.
5 Liability of the Company 3.
6 Assignment 3.
7 Allowance for Interruption of Service 3.
8 Contract Service Arrangements 3.
9 Operator Services |
6 6 7 7 9 10 10 10 |
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4. Payment and Credit Regulations 4.
1 Payment of Charges 4.
2 Security for Payment 4.
3 Denial of Access to Interstate
Long Distance Service by the Company 4.
4 Customer's Liability in the Event
of Denial Of Access to Service by the Company 4.
5 Reinstitution of Service 4.
6 Discontinuation of Service 4.
7 Billing Disputes 4.
8 Right to Back Bill for Improper
Use of the Company's Calls 4.
9 Late Payment Charge 4.
10 Returned Check Charge 4.
11 Promotional Discounts 4.
12 Universal Fund Surcharge |
12 14 15 15 15 16 16 17 17 17 17 |
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5. Direct Distance Dialed Calls 5.
1 Description of Service 5.
2 Rates and Charges |
18 |
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6. Directory Assistance Service 6.
1 Description of Service 6.
2 Rates and Charges |
19 |
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7. Credit Card Calls 7.
1 Description of Service 7.
2 Rates and Charges |
20 |
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8. Toll Free Dialing Service 8.
1 Description of Service 8.
2 Rates and Charges 8.
3 Optional Features |
21 22 |
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9. Pay Phone Surcharge 9.
1 Description of Service 9.
2 Rates and Charges |
23 |
1.Application
of Interstate Service Agreement
This
Service Agreement contains the regulations and rates applicable to the provision
of Interstate Long Distance Service of Magazine Telephone Company (hereafter
referred to as the “Company”) from its Points of Presence in the United States
to Interstate points, as specified herein.
Service is furnished subject to the availability of facilities and
subject to transmission, atmospheric and like conditions.
Certain
terms used generally throughout this Service Agreement, particularly those for
specialized common carrier communications channels furnished by the Company
over its facilities are defined below.
Business
Service – The phrase “Business Service” means
telecommunications service provided to the Customer for use primarily or
substantially for a business, professional, institutional or other occupational
purpose.
Central
Office – A Local Exchange Carrier switching system
where Local Exchange Carrier customer station loops are terminated for purposes
of interconnection to each other and to trunks.
Channel
– The term “Channel” denotes a path for electrical transmission between two or
more points, the path having a bandwidth designed to carry voice grade
transmission.
Common
Carrier – A Company or entity providing
telecommunications services to the public.
Customer
– The term “Customer” denotes the person, partnership, association, joint stock
company, trust, corporation, or governmental entity or any other entity, that
is responsible for payment of charges and for compliance with this Service
Agreement.
Customer
Provided Facilities – The term “Customer Provided
Facilities” denotes all communications facilities provided by the Customer
and/or authorized user other than those provided by the Company.
Exchange
– The term “Exchange” denotes a unit established by the Local Exchange Carrier
for the administration of communications service in a specified area which
usually embraces a city, town or village and its environs. It consists of one or more central offices
together with the associated facilities used in furnishing communications
service within that area. One or more
designated exchanges comprise a given Local Access and Transport Area (LATA).
Interstate
Long Distance Service – The term “Interstate Long Distance
Service” denotes the furnishing of station-to-station direct dial Interstate
switched network services to the Customer for the completion of long distance
voice and dial up low speed data transmissions over voice grade channel from
the Company’s Points of Presence to points in other countries as specified
herein.
Local
Exchange Carrier (LEC) – The term “Local Exchange Carrier”
denotes any telephone company that has been granted a certificate of Public
Convenience and Necessity by a State Commission and provides local telephone
service to
Customers
within a defined exchange.
Other
Common Carrier – The term “Other Common Carrier” denotes a
common carrier, other than the Company, providing domestic interstate
communications service to the public.
Points
of Presence – The term “Points of Presence” denotes the
sites where the Company provides a network interface with facilities provided
by Other Common Carriers, Local Exchange Carriers or Customers for access to
the local area network.
Premises
– The term “Premises” denotes a building or buildings on contiguous property
(except railroad rights-of-way, etc.) not separated by a public highway.
3.1Service Description
Interstate
Long Distance Service is offered to residential and business Customers of the
Company to provide direct dialed termination of Interstate station-to-station
calls placed from the Company’s Points of Presence in the United States, using
the Company’s network to the countries or areas designated which are not part
of the United States or its territories.
The Company provides switched long distance network services for voice
grade and low speed dial-up data transmission services offered on a usage
sensitive basis. All services are
provided subject to the terms and conditions set out in this offering.
3.2Interconnection
with Other Common Carriers
The
Company reserves the right to interconnect its services with those of any Other
Common Carrier, Local Exchange Carrier, or alternate access provider of its
election, and to utilize such services concurrently with its own facilities for
the provision of services offered herein.
3.3Undertaking
of the Company
A.
The Company undertakes to provide switched Interstate Long Distance Service in
accordance with the terms and conditions set forth in this Service Agreement.
B. The Company shall provide Interstate Long
Distance Service as an integral part of the Company’s interstate service
offerings. Services are available
twenty-four hours per day, seven days a week.
3.4 Use of Service
Customers
are prohibited from and by their acceptance of service agree not to use the
services furnished by the Company for any unlawful purpose or for any purpose
prohibited under the provisions of any regulatory order.
3.5 Liability
of the Company
A. In case of the Company’s willful
misconduct, the Company’s liability, if any, is not limited by this Service
Agreement. The liability of the Company,
if any, for damages resulting in whole or in part from or arising in connection
with the furnishing of service under this Service Agreement, including but not
limited to mistakes, omissions, interruptions, delays, errors or other defects
in transmission occurring after service activation and during the course of
furnishing service or arising out of any failure to furnish service shall in no
event exceed an amount of money equivalent to the proportionate charge to
Customer for the period of service during which such mistakes, omissions,
interruptions, delays or errors or defects in transmission occur and continue.
However, any such mistakes, omissions, interruptions, delays, errors, or
defects in transmission or service which are caused by or contributed to by the
negligence or willful act of Customer, or which arise from the use of
Customer-Provided Facilities or equipment shall not result in the imposition of
any liability whatsoever upon the Company.
B. The Company
is not liable for any act, omission or negligence of any Local Exchange Carrier
or other provider whose facilities are used concurrently in furnishing any
portion of the services received by Customer, or for the unavailability of or
any delays in the furnishing of any services or facilities which are provided
by any Local Exchange Carrier. Should
the Company employ the service of any Other Common Carrier in furnishing the
services provided to Customer, the Company’s liability shall be limited according
to the provisions of A. above.
C. Under no
circumstances whatsoever shall the Company or its officers, agents, or
employees be liable for indirect, incidental, special or consequential damages.
D.
The Company shall not be liable for any failure of performance hereunder due to
causes beyond its control, including but not limited to fire, flood, or other
catastrophes; Acts of God; atmospheric conditions or other phenomena of nature,
such as radiation; any law, regulation, directive, order or request of the
United States Government, or any other government including state and local
governments having any jurisdiction over the Company or the services provided
hereunder; national emergencies; civil disorder, insurrections, riots, wars,
strikes, lockouts, work stoppages, or other labor problems or regulations
established or actions taken by any
court or government agency having jurisdiction over the Company.
E.
The Company is not liable for any damage to Customer’s premises or equipment
arising out of the connection of any of Company equipment associated wiring on
such premises, or from the installation or removal thereof except to the extent
that such damage results from the Company’s negligence or willful
misconduct. Customer will indemnify and
save and hold the Company harmless from any claims of the owner of Customer’s
premises or equipment, or other third party claims for such damages.
F. The Company
shall not be liable for any act or omission of any other entity furnishing to the
Customer facilities or equipment used with the service furnished hereunder; nor
shall the Company be liable for any damages or losses due in whole or in part
to the fault or negligence of the Customer or due in whole or in part to the
failure of Customer-provided equipment or facilities.
3.6 Assignment
A. Customer
shall not assign or transfer the use of the Company’s services except that,
where there is no interruption or relocation of use, such assignment or
transfer may be made to an assignee Customer, whether an individual,
partnership, association or corporation, if the Company consents in writing to
such assignment and provided that:
(1)Customer
of record (assignor Customer) requests such assignment or transfer in writing
in accordance with C. below; and
(2)The
new Customer (assignee Customer) notifies the Company in writing that it agrees
to assume all outstanding obligations of the former Customer for use of the
Company’s services. These obligations
include all outstanding indebtedness for the use of the Company’s service. Consent to such assignment or transfer will
not be unreasonably withheld.
B.
Any permitted assignment or transfer of the Company’s service shall not relieve
or discharge any Customer from remaining jointly and severally liable with the
new Customer for any obligations existing at the time of transfer or
assignment.
C.
The Customer shall provide written notice to the Company at least forty-five
(45) days prior to the effective date of any requested assignment or
transfer. The Company agrees to respond
to a request to assign or transfer to another Customer within thirty (30) days
of receipt of notification. All terms
and provisions contained in this Service Agreement shall apply to any assignee
or transferee.
3.7Allowance for Interruption of Service
If
for any reason the service is interrupted, the Customer will only be charged
for the service that was actually used.
3.8Contract Service Arrangements
Any
service or combination of services, may also be provided under a Customer
specific contract agreement.
A.
Rates, charges, terms and conditions for the contract service arrangements will
be developed on an individual basis.
B.
Unless otherwise specified, the rates, charges, terms and conditions are in
addition to those specified in other sections of this Service Agreement.
3.9Operator
Services
Operator Services will not be provided by the Company as
part of the Service furnished by the Company.
4.Payment and Credit
Regulations
4.1Payment of Charges
A. The Customer
shall pay for all charges invoiced for usage of the Company’s service
hereunder.
B. Once service
is activated, the Customer is liable for the payment of all usage charges for services
to be provided by the Company to the Customer.
C. Charges
associated with usage shall be billed in arrears.
D.
Any applicable federal, state and local use, excise, sales or privilege taxes
or similar liabilities chargeable to or against the Company as a result of the
provision of the Company’s services hereunder to Customer, shall be charged to
and payable by Customer in addition to the rates indicated in the Service
Agreement for Interstate Long Distance Service.
E.
In the event the Company must employ the services of attorneys for collection
of charges due under this Service Agreement, the Customer shall be liable for
all costs of collection including a reasonable attorney's fee.
F. It is the
intention of the Company to conform strictly to applicable laws.
4.2 Security for Payment
A.
Authorization to Obtain Credit Information
The
Company reserves the right to require all Customers to establish credit
worthiness to the reasonable satisfaction of the Company. Upon application for service, Customer shall
be deemed to have authorized the Company to obtain such routine credit
information and verification as the Company shall require in accordance with
its then existing credit policies.
B.
Deposit
Prior
to service activation or any permitted assignment, the Company reserves the
right to require any Customer whose credit worthiness has not been established
to the reasonable satisfaction of the Company to make a deposit to guarantee
payment of charges.
(1)
The total amount of any security deposit, if
required by the Company, shall be a cash amount or irrevocable Letter of
Credit.
(2)
Deposits shall be adjusted to reflect increased
or decreased billings. Such increased
deposit amounts shall be included in billing and due pursuant to Section 4.1,
or other arrangements must be approved by the Company.
(3)The
fact that a deposit is made does not relieve the Customer from making advance
payments or from complying with the Company’s regulations for the payment of bills
in accordance with the terms herein and does not constitute a waiver or
modification of the regulations of the Company providing for the discontinuance
of Service for nonpayment of any sums due the Company for Service rendered.
(4)
A deposit will be returned by the Company under the following circumstances:
(a) When an application for service has been
canceled prior to service activation, the deposit will be applied to any
existing charges incurred in accordance with the provisions of this Service
Agreement.
The
Company agrees to refund the excess portion of the deposit, if any, within
thirty (30) days following settlement of Customer’s account. No interest will be applied to any deposit
for any service disconnected before thirty (30) days.
(b)
Upon the discontinuance of service, the Company
will refund the Customer’s deposit to the extent that it exceeds any unpaid
charges for installation and service to the Customer. The adjustment of the Customer’s deposit in no way relieves the
Customer from complying with all terms and provisions contained in the
Company’s Service Agreement or from tendering payments when due.
)
4.3Denial of Access to Interstate Long
Distance Service by the Company
The
Company expressly retains the right to immediately deny access to service
without incurring any liability for any of the following reasons:
A.
Nonpayment of any sum due for service provided hereunder, where the Customer’s
charges are not paid in full pursuant to Section 4.1, or
B. Customer’s acts or omissions which constitute a violation
of, or a failure to comply with, any regulation stated in this Service
Agreement governing the furnishing of service, but which violation or failure
to comply does not constitute a material breach or does not pose any actual or
threatened interference to the Company’s operations or its furnishing of
services. The Company agrees to give
Customer ten (10) days notice of such violation or failure to comply prior to
service; or
C.
The implementation of any order of a court of competent jurisdiction, or
federal or state regulatory authority of competent jurisdiction, prohibiting
the Company from furnishing such service; or
D.
Where the Customer has failed or neglected to tender any additional or required
security deposit within the time frame established or agreed to by the Company.
E.
Without incurring liability, the Company may interrupt the provision of
services at any time in order to perform tests and inspections to assure
compliance with Service Agreement regulations and the proper installation and
operation of the Subscriber and the Company’s equipment and facilities, and may
continue such interruption until any items of noncompliance or improper
equipment operation so identified are rectified.
F. Service may be discontinued by the Company, without
notice to the Subscriber, by blocking traffic to certain countries, cities, or
NXX exchanges, or by blocking calls using certain Customer authorization codes,
when the Company deems it necessary to take action to prevent unlawful use of
its service. The Company may restore
service as soon as it can be provided without undo risk.
4.4 Customer’s Liability in the Event of
Denial of Access to Service by the Company
In
the event the Customer’s service is disconnected by the Company for any of the
reasons stated in Section 4.3, the Customer shall be liable for all unpaid charges
due and owing to the Company associated with the service. The Customer’s deposit shall be applied to
all cancellation charges applicable to the service offering received by the
Customer.
4.5 Reinstating of Service
If
Customer seeks reinstitution of service following denial of service by the
Company, the Customer shall pay to the Company prior to the time service is
reinstated (1) all accrued and unpaid
charges, and (2) a deposit per Section 4.2 in order to reinstated service.
4. 6 Discontinuation of Service
The
Customer’s service shall discontinue upon discontinuation of the Customer’s
subscription to the Company’s interstate service.
4.7 Billing Disputes
A.
If a Customer in good faith disputes any charges or the appropriateness of a charge
billed by the Company, Customer shall notify the Company of the disputed charge
in writing and provide documentation reasonably requested by the Company to
resolve the dispute.