RULES,
REGULATIONS AND RATES APPLYING TO THE PROVISIONS OF
INTERSTATE
LONG DISTANCE SERVICE FOR SUBSCRIBERS OF
PINNACLE TELECOM, LLC.
LOCATED
IN
Pinnacle Telecom, LLC.
Original Page 1
Section Page No.
Original Title Page
Table of Contents 1
1. Application of Service Agreement 3
2. Definitions 4
3. General Regulations
3.1 Service Description 6
3.2 Interconnection with Other Common Carriers 6
3.3 Undertaking of the Company 6
3.4 Use of Service 7
3.5 Liability of the Company 7
3.6 Assignment 9
3.7 Allowance for Interruption of Service 10
3.8 Contract Service Arrangements 10
3.9 Operator Services 10
4.
Payment
and Credit Regulations
4.1 Payment of Charges 11
4.2 Security for Payment 12
4.3
Denial
of Access to Interstate Long Distance
Service
by the Company 14
4.4
Customer’s
Liability in the Event of Denial of
Access
to Service by the Company 15
4.5 Reinstitution of Service
15
4.6 Discontinuation of Service 15
4.7 Billing Disputes
16
4.8
Right
to Back Bill for Improper Use of the
Company’s
Calls 16
4.9 Late Payment Charge 17
4.10 Returned Check Charge 17
4.11 Promotional Discounts 17
4.12 Universal Fund Surcharge 17
Pinnacle Telecom, LLC. Original
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INTERSTATE LONG DISTANCE SERVICE AGREEMENT
Table of Contents (Cont’d)
Section Page No.
5.
Direct Distance Dialed Calls
5.1 Description of Service 18
5.2 Rates and Charges 18
6. Directory Assistance Service
6.1 Description
of Service 19
6.2 Rates and
Charges 19
7. Credit Card Calls
7.1 Description
of Service 20
7.2 Rates and
Charges 20
8. Toll Free Dialing Service
8.1 Description
of Service 21
8.2 Rates and
Charges 21
8.3 Optional
Features 22
9.
Pay Phone Surcharge
9.1 Description of Service 23
9.2 Rates and Charges 23
Pinnacle Telecom, LLC. Original
Page 3
INTERSTATE LONG DISTANCE SERVICE AGREEMENT
1.
Application
of Interstate Service Agreement
This
Service Agreement contains the regulations and rates applicable to the
provision of Interstate Long Distance Service of Pinnacle Telecom, LLC. (hereafter referred to as the “Company”) from its Points of
Presence in the
Pinnacle Telecom, LLC. Original Page 4
INTERSTATE LONG DISTANCE SERVICE AGREEMENT
2.
Definitions
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 of
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.
Pinnacle Telecom, LLC. Original
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INTERSTATE LONG DISTANCE SERVICE AGREEMENT
2.
Definitions (Cont’d)
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 n furnishing communications
service within that area. One or more
designated exhanges 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 provided a network interface with facilities provided by
Other Common Carrier, 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.
Pinnacle Telecom, LLC. Original Page 6
INTERSTATE LONG DISTANCE SERVICE AGREEMENT
3.
General
Regulations
3.1
Service
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
3.2
Interconnection
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.
3.3
Undertaking
of the Company
A.
The Company undertakes to provde 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.
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INTERSTATE LONG DISTANCE SERVICE AGREEMENT
3.
General Regulations (Cont’d)
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 Comapany
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, omission, interruptions, delays, errors or other defects in
transmission occurring after service activation and during the course of
furnishing service or arising out of and 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, or special or consequential damages.
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INTERSTATE LING DISTANCE SERVICE AGREEMENT
3.
General Regulations (Cont’d)
3.6
Liability
of the Company (Cont’d)
D.
The Company shall not be liable for any failure
of performance hereunder due to caused 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 form 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 due in whole or in part to the failure of
Customer-provided equipment or facilities.
Pinnacle Telecom, LLC. Original Page 9
INTERSTATE LONG DISTANCE SERVICE AGREEMENT
3.
General
Regulations (Cont’d)
3.7
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 to transferee.
Pinnacle Telecom, LLC. Original Page 10
INTERSTATE LING DISTANCE SERVICE AGREEMENT
3.
General Regulations (Cont’d)
3.8
Allowance
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.
3.9
Contract
Service Arrangements
Any
service or combination of services, may also be
provided under a Customer specific contract agreement.
A.
Rate, 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.
3.10
Operator
Services
Operator
Services will not be provided by the Company as part of the Service furnished
by the Company.
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INTERSTATE LONG DISTANCE SERVICE AGREEMENT
4.
Payment and Credit Regulations
4.1
Payment
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.
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INTERSTATE LONG DISTANCE SERVICE AGREEMENT
4. Payment and Credit Regulations (Cont’d)
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.