EXHIBIT 10.12
NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY
RESALE SERVICE AGREEMENT
This Agreement is by and between New England Telephone and Telegraph
Company ("Company") d/b/a Xxxx Atlantic - Vermont and Xxxxxxxxx.Xxx, Inc.
("Customer").
WHEREAS, the Company will offer local exchange services ("Service(s)")
for resale;
WHEREAS, the Customer is a reseller operating in the State of Vermont;
WHEREAS, the Company and the Customer have negotiated in good faith for
the resale of such Services pursuant to and consistent with the
Telecommunications Act of 1996.
NOW, THEREFORE, in consideration of the mutual obligations set forth
herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Company and the Customer agree
as follows:
1. RESALE ARRANGEMENT
The Company will offer telecommunications services it provides at
retail to end users in the State of Vermont for resale by the Customer
in accordance with the attached Terms and Conditions - Resale Services
contained in Attachment A. Attachment A is incorporated herein as an
integral and necessary part of the parties' agreement. Whenever
reference is made herein to the Agreement, the reference includes
Attachment A.
2. TERM OF AGREEMENT
A. The Company will file the Agreement promptly following its
execution with the Vermont Public Service Board ("Board") for
approval pursuant to section 252 of the Telecommunications Act
of 1996. The Agreement will be effective as of the date the
resale agreement is signed by both parties.
B. Upon execution of the Agreement by both parties, the Company
and Customer shall endeavor to jointly develop an
implementation plan for the services that Customer will
resell.
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C. Each Party agrees to fully support approval of the Agreement
by the Board without modification. The Parties, however,
reserve the right to seek regulatory relief and otherwise
seek redress from each other regarding performance and
implementation of this Agreement. In the event the Board
rejects this Agreement in whole or in part, the Parties
agree to meet and negotiate in good faith to arrive at a
mutually acceptable modification of the rejected portion(s);
provided that such rejected portion(s) shall not affect the
validity of the Remainder of this Agreement.
D. The Agreement is subject to change, modification, or
cancellation as may be required and mutually agreed by either
Party based on any significant change in Federal
Communications Commission or Board rules which may impact the
provision of service under this Agreement or the rights and
obligations of the Parties under the Act.
E. Either party may terminate Agreement with 90 days written
notification to the other.
3. CHARGES
A. The Customer shall pay the Company the charges contained in
Attachment A. The Parties understand that the charges contained
in Attachment A are subject to revision by the Board. If the
Board issues any decision or order which approves for any
telecommunications carrier different charges for any of the
services contained in Attachment A within six months following
the effective date of this Agreement, the Parties will true-up
the charges paid under this Agreement retroactive to the
effective date of the Agreement based upon the decision or order
of the Board. However, if the Board does not issue such a
decision or order within six months, the Parties agree that there
will be no true-up, and any new charges approved thereafter by
the Board will apply to the services provided under this
Agreement as of the date of the VTPSB order or decision.
B. The Recurring Monthly Service Establishment charge of $2605.55
per reseller, per month, set out at Section 6.10.5.2, shall not
be payable unless and until such charge, or any part thereof, has
been approved by the Vermont Public Service Board. Subsequent to
Vermont Board Approval, Customer agrees to pay such charge, or
approved part thereof, on an ongoing basis for the period
specified in Attachment A. In addition, Customer agrees to a
true-up of the Service Establishment Charge in as many monthly
installments as the number of months required for the Vermont
Board to review and approve said charge, measured from Customer's
commencement of operations.
4. PROMOTIONAL MATERIAL
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The Company shall provide the Customer with a reasonable amount of
information related to the use of the services the Customer will resell
for its use in its marketing and product materials. The Company, in
consultation with Customer, shall determine the type, quantity, and
availability of the information to be provided to Customer. The
Company shall also make available to Customer's personnel basic
training related to the use and operation of the services. The Company
shall reasonably determine the timing and content of such training.
Such training and promotional material shall be provided to the
Customer only and the Company is under no obligation to provide any
training or promotional material to any other person or entity the
Customer may engage in the sale, provision, or use of the Services.
5. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with
the laws of the State of Vermont, except a provision of law which would
refer any issue to another jurisdiction.
6. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties
with respect to the subject matter hereof and supersedes all prior
understandings, oral or written representations, statements,
negotiations, proposals and undertakings in oral written form.
7. AMENDMENTS AND WAIVERS
A. This Agreement may be amended or additional provisions may be
added by written agreement signed by or on behalf of both
parties. No amendment or waiver of any provisions of this
Agreement, and no consent to any default under this Agreement,
shall be effective unless the same shall be in writing and signed
by a duly authorized representative on behalf of the party
against whom such amendment, waiver or consent is claimed, except
as otherwise provided in this Agreement preceding. In addition,
no course of dealing or failure of any party to enforce strictly
any term, right or condition of this Agreement shall be construed
as a waiver of such term, right or condition.
B. Either party's failure at any time to enforce any of the
provisions of this Agreement or any right with respect thereto,
or to exercise any option herein provided, will in no way be
construed to be a waiver of such provisions, rights, or options
or in any way to affect the validity of this Agreement. The
exercise by either party of any rights or options under the terms
herein shall not preclude or prejudice the exercise thereafter of
the same or other rights under this Agreement.
8. ASSIGNMENT
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Neither party may assign or transfer (whether by operation of law or
otherwise) this Agreement (or any rights or obligations hereunder) to a
third party without the prior written consent of the other party which
consent shall not be unreasonably withheld; provided, however, each
party may assign this Agreement to a corporate affiliate or an entity
under its common control or an entity acquiring all or substantially
all of its assets or equity by providing prior written notice to the
other party of such assignment or transfer. Any attempted assignment or
transfer that is not permitted shall be void AB INITIO. All obligations
and duties of any party shall be binding on all. successors in interest
and assigns of such party.
9. NOTICE AND DEMAND
Except as otherwise provided under this Agreement, all notices,
demands, or requests which may be given by any party to the other party
shall be in writing and shall be deemed to have been duly given on the
date delivered in person or deposited, postage prepaid, in the United
States Mail via Certified Mail or nationally recognized overnight
carrier, return receipt requested, and addressed as follows:
TO RESELLER: President
Xxxxxxxxx.Xxx, Inc.
0 Xxxxxxxxxx Xxxxx Xxxxx
Xxxxxxxxxx, XX 00000
Tel: (000) 000-0000
Fax: (000) 000-0000
TO COMPANY: Account Manager - Resale Services
000 Xxxxxxxxxxxx Xxxx
0xx xxxxx
Xxxxx Xxxxxx, XX 00000
cc: Xxxx Atlantic Corporation
General Counsel
1095 Avenue of the Xxxxxxxx
00xx xxxxx
Xxx Xxxx, XX 00000
If personal delivery is selected as the method of giving notice under
this Section, a receipt of such delivery shall be obtained. The
address to which such notices, demands, requests, elections or other
communications are to be given by either party may be changed by
written notice given by such party to the other party pursuant to
this Section.
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10. THIRD-PARTY BENEFICIARIES
This Agreement shall not provide any person not a party to this
Agreement with any remedy, claim, liability, reimbursement, claim of
action or other right in excess of those existing without reference to
this Agreement.
11. FORCE MAJEURE
Neither party shall be deemed to be negligent, at fault, or otherwise
liable in any respect for any delay or failure in performance of any
part of this Agreement to the extent that such failure or delay is
caused by acts of God, acts of civil or military authority, government
regulations, embargoes, epidemics, war, terrorist acts, riots,
insurrections, fires, explosions, earthquakes, nuclear accidents,
floods, strikes, power blackouts, volcanic action, other major
environmental disturbances, unusually severe weather conditions,
inability to secure products or services of other persons or
transportation facilities, or acts or omissions of transportation
common carriers or other causes beyond the control of the party
obligated to perform. If any force majeure condition occurs, the party
delayed or unable to perform shall give immediate notice to the other
Party and shall take all reasonable steps to correct the force majeure
condition. During the pendency of the force majeure, the duties of the
parties under this Agreement affected by the force majeure condition
shall be abated and shall resume without liability thereafter.
12. CONTINGENCY
Notwithstanding any other provision of this Agreement, this Agreement
is subject to change, modification, or cancellation as may be required
by a regulatory authority or court in the exercise of its lawful
jurisdiction.
13. COMPLIANCE
Each Party shall comply with all applicable federal, state, and local
laws, rules, and regulations applicable to its performance under this
Agreement.
14. NON-EXCLUSIVE AGREEMENT
This Agreement is non-exclusive. The Company reserves the right to
extend to others the Services and rights provided for herein.
15. PUBLICITY AND USE OF TRADEMARKS OR SERVICE MARKS
Neither Party nor its subcontractors or agents will use the other
Party's trademarks, service marks, logos or other proprietary trade
dress in connection with the sale of products and services, or in any
advertising, press releases, publicity matters or other promotional
materials without such Party's prior written consent.
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Neither Party may imply any direct or indirect affiliation with or
sponsorship or endorsement of its company, products and services by the
other Party.
16. SEVERABILITY
In the event any of the provisions of this Agreement are found to be
invalid by any administrative agency, arbitrator or court or competent
jurisdiction, the remaining provisions of this Agreement, whether
relating to similar or dissimilar subjects, shall nevertheless be
binding with the same effect as though the invalid provisions were
deleted, unless the result would be to substantially change the rights
or obligations of either party, in which event the parties shall seek
to negotiate in good faith revisions to the Agreement consistent with
their earlier intent. Failing further agreement, this Agreement shall
terminate and no party shall be liable to the other, except for
outstanding amounts due under this Agreement, including, but not
limited to, amounts due pursuant to the payment terms, the carryover
pool, and any other amounts which survive termination as stated in this
Agreement.
17. EXECUTED IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of
which shall be an original, but such counterparts shall together
constitute but one and the same document.
18. READINGS
The headings in this Agreement are for convenience and shall not be
construed to define or limit any of the terms herein or affect the
meanings or interpretation of this Agreement.
19. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NO PARTY MAKES OR
RECEIVES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SERVICES, FUNCTIONS AND PRODUCTS IT PROVIDES UNDER OR CONTEMPLATED BY
THIS AGREEMENT AND THE PARTIES DISCLAIM THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
20. JOINT WORK PRODUCT
This Agreement is the joint work product of the Parties and has been
negotiated by the Parties and their respective counsel and shall be
fairly interpreted in
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accordance with its terms and, in the event of any ambiguities, no
inferences shall be drawn against either party.
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IN WITNESS WHEREOF, the parties have executed this Agreement.
XXXXXXXXX.XXX, INC.
BY: /s/ Xxxxx Xxxxxxx
-------------------------------------
Signature
Xxxxx Xxxxxxx
-------------------------------------
Name (Printed)
ITS: CEO
-------------------------------------
Title
DATE: 4 Aug 99
-------------------------------------
BY: /s/ Xxxxxxx Xxxxx
-------------------------------------
Signature
Xxxxxxx Xxxxx
-------------------------------------
Name (Printed)
ITS: Vice President-Operations
-------------------------------------
Title
DATE: 4 Aug 99
-------------------------------------
BY: /s/ Xxxx X. Xxxxx
-------------------------------------
Signature
Xxxx Xxxxx
-------------------------------------
Name (Printed)
ITS: Vice President-Business Development
-------------------------------------
Title
DATE: 4 Aug 99
-------------------------------------
NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY d/b/a XXXX ATLANTIC - VERMONT
BY: /s/ Xxxxxxx X. Xxxxxxx
-------------------------------------
Signature
Xxxxxxx X. Xxxxxxx
-------------------------------------
Name (Printed)
TITLE: Vice President-Telecom Industry Services
-------------------------------------
DATE: 8/17/99
-------------------------------------
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Attachment A
6.1 RESALE
6.1.1 GENERAL
6. 1. 1.1 TERMS AND CONDITIONS STRUCTURE
(A) The terms and conditions are divided into sections which are structured
numerically, (e.g., Section 6.1, 6.2, 6.3 etc.).
6.1.2 REFERENCING
6.1.2.1 REFERENCE TO TARIFFS
(A) Whenever reference is made in these terms and conditions to tariffs of
the Telephone Company, the reference is to the tariffs in force as of
the effective date of these terms and conditions, and to amendments
thereto and successive issues thereof. The regulations, rates and
charges contained herein are in addition to the applicable
regulations, rates and charges specified in tariffs of the Telephone
Company which may be referenced.
6.1.2.2 TRADEMARKS AND SERVICE MARKS
(A) Refer to VTPSB No. 20.
6.1.3 TERMS AND CONDITIONS TERMINOLOGY
Unless otherwise defined herein, terminology contained within these
terms and conditions are as defined in VTPSB No. 20.
6.1.3.1 DEFINITIONS
END USER - Any person purchasing service for their own use rather than
for sale to another person, party or entity etc. End Users may not
purchase from these terms and conditions.
PREMISES - This term as defined in VTPSB No. 20 is a reference to the
premises at which the service is provided, and not a reference to the
reseller's premises.
RESALE - The sale to another person of telecommunications services
purchased from the Telephone Company. A person purchases for resale
when such person purchases a service for the purpose of reselling it
to another (rather than the purpose of using the service itself).
RESELLER/CUSTOMER - Any individual, partnership, association, joint
stock company, trust, corporation, governmental entity or other
entity, authorized by law to resell telecommunications services in the
state of Vermont, which subscribes to the telecommunications services
offered under these terms and conditions.
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TELEPHONE COMPANY -The New England Telephone and Telegraph Company.
6.2 GENERAL REGULATIONS
In addition to the general regulations contained herein, the general
regulations specified in VTPSB No. 20 also apply.
6.2.1 APPLICATION OF TERMS AND CONDITIONS
6.2.1.1 SCOPE
(A) Regulations, rates and charges in these terms and conditions apply to
the offering of Telephone Company telecommunications services for
resale.
(B) Only a reseller authorized by law to resell telecommunications services
in the State of Vermont may purchase under these terms and conditions.
These terms and conditions are not intended to enlarge, restrict, or
otherwise affect any provision of law relating to the authority to
resell telecommunications services.
(1) Resellers do not surrender any right to purchase from any of the
Telephone Company's intrastate tariffs by purchasing from these terms
and conditions. However, the discounts contained herein will apply only
to purchases from these terms and conditions. Resellers purchasing
retail services from the Telephone Company's intrastate tariffs will do
so through traditional retail channels, and will be billed accordingly.
(C) In addition to the responsibilities and obligations specified in VTPSB
No. 20, the reseller must conform to any applicable rules and
regulations set forth by the Public Service Board.
(D) The resale of telecommunications services and the provision thereof by
the Telephone Company as set forth in these terms and conditions does
not constitute a joint undertaking nor does it constitute an agency,
contractual or any other type of relationship between the reseller and
the Telephone Company (other than that of purchaser and seller) or
between the Telephone Company and the reseller's end user.
(E) A reseller ordering a resold service under these terms and conditions
has all of the obligations that would be imposed under the applicable
Telephone Company tariff upon an end user who orders the service
directly from the Telephone Company. Such obligations include, without
limitation, the obligation to pay for the service, whether or not the
reseller is being paid by its own customers. The rate charged for such
service, when sold to a reseller under these terms and conditions, is
to be determined in accordance with rates and charges specified in
these terms and conditions. However, services that are sold to the
Telephone Company end users only in conjunction with the purchase of
basic dial tone service will be available for resale only in
conjunction with the resale of basic dial tone service and not on a
stand alone basis.
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6.2 GENERAL REGULATIONS (CONT'D)
6.2.2 RESPONSIBILITY OF THE TELEPHONE COMPANY
6.2.2.1 PROVISION OF SERVICE
(A) The Telephone Company's obligation to furnish service, or to continue
to furnish service, is dependent on its ability to obtain without
charge, danger or undue difficulty access to the premises where the
service is to be provided (where such access is necessary for the
provision of service).
(1) Should a reseller's end user request that a Telephone Company
technician prove his/her identity as an employee of the Telephone
Company before the end user will permit access to their premises, the
technician's Telephone Company identification badge or the Xxxx
Atlantic registered trademark/servicemark (logo) that is visibly
displayed on the technician's service vehicle will be evidence of such
proof. If the Telephone Company misses the scheduled service
appointment as a result of the reseller's end user's refusal to permit
access to the Telephone Company technician, neither the reseller nor
the reseller's end user will be entitled, to any waivers of charges
for missed service appointments that may be offered by the Telephone
Company under service guarantee programs that are associated with the
service being provided.
(B) The Telephone Company reserves the right to refuse an application for
service made by, or for the benefit of, a reseller who is indebted to
the Telephone Company for telephone service previously furnished.
(1) In the event that service is connected for a reseller who is
indebted to the Telephone Company for service previously furnished to
such reseller, the Telephone Company will notify the reseller in
writing via Certified U.S. Mail, that the service will be terminated
by the Telephone Company unless the reseller satisfies the
indebtedness within 10 days of the date of the reseller's receipt of
such notification.
(C) The services offered under the provisions of these terms and
conditions are subject to the availability of facilities, including
switching capacity, and necessary operational support systems.
(1) If existing facilities will not enable the Telephone Company to
meet all outstanding service orders, such orders will be handled in
accordance with reasonable priority rules that do not unreasonably
discriminate between resellers purchasing under these terms and
conditions and end user customers of the Telephone Company.
(D) Resold services offered by the Telephone Company are at least
technically equivalent to the corresponding service offerings that the
Telephone Company provides to its own end users provided that the
reseller complies with the regulations contained in these terms and
conditions.
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6.2 GENERAL REGULATIONS (CONT'D)
6.2.2 RESPONSIBILITY OF THE TELEPHONE COMPANY (CONT'D)
6.2.2.1 PROVISION OF SERVICE (CONT'D)
(E) The Telephone Company will provide service (including the installation
and repair thereof) to resellers at levels that meet the capabilities,
functions and performance levels available to Telephone Company
similarly situated end users providing that the reseller complies with
the regulations contained in these terms and conditions.
(1) Telephone Company personnel dispatched to a reseller's end user
premises for purposes of installation or repair will not accept
requests on behalf of the reseller for new or modified service beyond
that requested by the reseller.
(F) To the extent the provision of repair and installation services under
these terms and conditions entails the appearance by Telephone Company
personnel at the premises of a reseller's end user, the uniforms worn
by such personnel, and the vehicles and other equipment that they use,
may be marked in the conventional manner with the Telephone Company's
name, trademarks, service marks, and logos.
6.2.2.2 INTERRUPTION OF SERVICE
(A) Allowances for interruption of service are available to resellers to
the extent and under the same circumstances as they would be available
to Telephone Company end users under VTPSB No. 20.
6.2.3 RESPONSIBILITY OF THE RESELLER
6.2.3.1 RESELLER NOTIFICATION AND COORDINATION
(A) Unless otherwise specified herein, whenever customer notification is
required, the Telephone Company is responsible for providing notice
only to the reseller who is the customer of record.
(1) The reseller, and not the Telephone Company is responsible for
providing any notices, xxxx inserts or other information as may be
required to the reseller's end users.
(2) The Telephone Company will not provide resellers with advance
notice of its intent to offer a new retail service (or to modify an
existing retail service) except to the extent that public notice of
certain tariff changes is required by the regulation or orders of the
Public Service Board or other applicable law.
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6.2 GENERAL RELATIONS (CONT'D)
6.2.3 RESPONSIBILITY OF THE RESELLER (CONT'D)
6.2.3.2 LIABILITY
(A) The reseller shall reimburse the Telephone Company for damages to
Telephone Company facilities utilized to provide services under these
terms and conditions caused by negligence or willful act of the
reseller or the reseller's end user or resulting from the reseller's
or reseller's end user's improper use of the Telephone Company
facilities, or due to malfunction of any facilities or equipment
provided by other than the Telephone Company. Nothing in the
foregoing provision shall be interpreted to hold one reseller liable
for another reseller's actions. The Telephone Company will, upon
reimbursement for damages, cooperate with the reseller in prosecuting
a claim against the person causing such damage and the reseller shall
be subrogated to the right of recovery by the Telephone Company for
the damages to the extent of such payment.
(B) With respect to claims of patent infringement made by third persons,
the reseller shall defend, indemnify, protect and save harmless the
Telephone Company from and against all claims arising out of the
combining with, or use in connection with, the services provided under
these terms and conditions, any circuit, apparatus, system or method
provided by the reseller or reseller's end user.
(C) The reseller shall defend, indemnify and save harmless the Telephone
Company from and against suits, claims, losses or damages including
punitive damages, attorney's fees and court cost by third persons
arising out of the construction, installation, operation, maintenance
or removal of the circuits, facilities or equipment connected to the
Telephone Company's services provided under these terms and
conditions, including, without limitation, Workmen's Compensation
claims, actions for infringement of copyright and/or unauthorized
use of program material, libel and slander actions based on the
content of communications transmitted over the reseller's circuits,
facilities or equipment, and proceedings to recover taxes, fines, or
penalties for failure of the reseller to obtain or maintain in effect
any necessary certificates, permits, licenses, or other authority to
acquire or operate the services provided under these terms and
conditions; provided, however, the foregoing indemnification shall not
apply to suits, claims, and demands to recover damages for damage to
property, death or personal injury unless such suits, claims or
demands are based on the tortious conduct of the reseller, its
officers, agents or employees.
(D) The reseller shall defend, indemnify and save harmless the Telephone
Company from and against any suits, claims, losses or damages,
including punitive damages, attorneys fees and court costs by the
customer or third parties arising out of any act or omission of the
reseller or the reseller's end user in the course of using services
provided under these terms and conditions.
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6.2 GENERAL REGULATIONS (CONT'D)
6.2.3 RESPONSIBILITY OF THE RESELLER (CONT'D)
6.2.3.2 LIABILITY (CONT'D)
(E) In case of damage, loss, theft or destruction of equipment and
facilities furnished by the Telephone Company due to negligence or
willful act of the reseller or the reseller's end user or other persons
authorized to use the service, the reseller or reseller's end user may
be required to pay the expense incurred by the Telephone Company to
replace or restore the equipment and facilities to its original
condition.
(F) The reseller assumes the responsibility for enforcement of all tariff
regulations and class of service restrictions imposed for any
particular service (e.g. prohibitions against unlawful use, damage to
Telephone Company property, distinctions between residence and
business) and any liability arising from violations thereof
6.2.3.3 CERTIFICATIONS AND PROOF OF EXEMPTIONS
(A) Upon reasonable request the reseller shall certify to the Telephone
Company in writing that the services the reseller is purchasing under
these terms and conditions are being purchased for resale.
(B) The reseller shall provide the Telephone Company with any certificates
or other documentation that may be required under state law pertaining
to tax exemptions.
(C) The reseller shall provide to the Telephone Company any additional
information that is reasonably necessary to enable the Telephone
Company to fulfill its obligations under these terms and conditions.
6.2.3.4 REFERENCES TO THE TELEPHONE COMPANY
(A) The reseller may advise end users that certain services are provided by
the Telephone Company in connection with the service the reseller
furnishes to end users; however, the reseller shall not state, imply or
represent that the Telephone Company jointly participates in or is part
of any partnership or joint business arrangement for the provision of
services to the reseller's customers.
6.2.4 CUSTOMER NOTIFICATION AND COORDINATION
6.2.4.1 PROVISION AND OWNERSHIP OF TELEPHONE NUMBERS
(A) The Telephone Company reserves the reasonable right to assign,
designate or change telephone numbers, or any other call number
designations associated with resold service, or the Telephone Company
serving central office prefixes associated with such numbers, when
necessary in the conduct of business. Any such decisions about the
assignment, designation or change of telephone numbers or office
prefixes will be made in a nondiscriminatory manner.
(B) Should it become necessary to make a change in such number(s), the
Telephone Company will give the reseller six months notice of the
change(s), including an explanation of the reason(s) for the change(s),
by Certified U.S. Mail.
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6.2 GENERAL REGULATIONS (CONT'D)
6.2.4 CUSTOMER NOTIFICATION AND COORDINATION (CONT'D)
6.2.4.1 PROVISION AND OWNERSHIP OF TELEPHONE NUMBERS (CONT'D)
(1) In the case of emergency conditions, (e.g. a fire in a wire
center), it may be necessary to change a telephone number without
six months notice in order to provide service to the reseller.
6.3 ORDERING OF SERVICE
6.3.1 ORDERS FOR RESOLD SERVICES
6.3.1.1 GENERAL
(A) The reseller shall supply all the information reasonably necessary for
the Telephone Company to provide and xxxx for the requested service,
to include the reseller's end user in its directory listing service
and to otherwise fulfill its obligations under these terms and
conditions [e.g., end user name and premises location, configuration
of service, and facility interface].
(1) The reseller is responsible to submit complete and accurate
orders. Failure to do so may result in service discrepancies for which
the Telephone Company will not be responsible.
(B) If the reseller assumes the account of an existing Telephone Company
end user at the end user's existing premises, the order assuming the
account must identify the end user's billing telephone number and
line(s) and indicate that the end users existing service (or any
specified modification to and/or cancellation of the existing service)
is to be transferred to the reseller.
(1) Authorization to Assume an Account - A reseller placing an order
under which it will assume the account of an existing Telephone
Company end user customer, or the account of an existing end user
customer of another reseller, must obtain appropriate authorization
from that end user for the change of service provider. The reseller
must verify and confirm that authorization is in accordance with the
laws and provisions that govern such matters as established or may
be established in the State of Vermont.
(C) Resellers may not order services in a particular building or other
location where a reseller has not yet obtained end users at the time
that the reseller's order is placed with the Telephone Company.
(D) Resellers may not order service in a particular building or other
location when doing so would preclude or delay other potential
providers from offering services in that particular building or other
location.
(E) Resellers may not order service under these terms and conditions
without a reasonable basis for believing that such services will
actually be needed by the reseller to meet anticipated demand.
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6.3 ORDERING OF SERVICE (CONT'D)
6.3.1 ORDERS FOR RESOLD SERVICES(CONT'D)
6.3.1.1 GENERAL (CONT'D)
(F) The Telephone Company will not process any orders, complaints or other
requests received from the reseller's end user.
(G) Primary Interexchange Carrier (PIC) Changes - The Telephone Company
will only accept an order to change the PIC, whether interLATA or
intraLATA, for a resold Telephone Company exchange service line,
from the reseller The Telephone Company will only accept an order to
freeze the PIC from the reseller. The reseller will be responsible for
all PIC change charges.
(H) If the order is for modification or discontinuance of service, the
order shall identify the billing telephone number and telephone number
of the service and the changes desired, and any additional information
required by the Telephone Company.
6.3.1.2 AUTOMATED ORDER INTERFACE
(A) Orders for resold services and modifications to or cancellation of an
existing order must be placed by the reseller with the Telephone
Company through the appropriate automated interface established by the
Telephone Company. Such interface will facilitate the following order
processes:
1. Establishment of end user accounts
2. Assignment of telephone numbers
3. Entry of service orders into Telephone Company systems
4. Installation scheduling and negotiation with end users
5. Reservation of installation appointments
6. Entry of end user service and repair inquiries
7. Verification of the network status of an associated
telephone line in conjunction with Telephone Company
systems
8. Other processes that would facilitate the processing of the
reseller's order
(B) The Telephone Company will establish automated interface specifications
(e.g. formats) for data, delivery (transport) and network descriptions,
etc.
(1) Resellers must comply with methods, procedures and operational
guidelines in utilizing the interface specifications established by
the Telephone Company.
(2) any use of the interface(s) by the reseller or any other party for
unauthorized purposes (e.g., access to data or to enter false
information) will be considered abuse or fraudulent use of the
interface and is prohibited. Such action may result in the Telephone
Company terminating the reseller's use of the interface.
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6.3 ORDERING OF SERVICE (CONT'D)
6.3.1 ORDERS FOR RESOLD SERVICES(CONT'D)
6.3.1.2 AUTOMATED ORDER INTERFACE (CONT'D)
(C) If the Telephone Company determines or suspects that abuse or
fraudulent use of the interface has occurred, the Telephone Company
will, as required by law, refer the matter to the appropriate law
enforcement agency.
6.3.1.3 DISCLOSURE OF RESELLER INFORMATION TO OTHER RESELLERS OR TO TELEPHONE
COMPANY RETAIL MARKETING PERSONNEL
(A) General Rule - Subject to the following paragraph (B),
neither Telephone Company personnel involved in the marketing of
services to end user customers, nor other resellers, will have access
to information relating to specific orders or demand forecasts
provided by resellers under these terms and conditions.
(B) Exceptions:
(1) Paragraph (A), above, shall not prohibit the
disclosure to any local exchange carrier (including the Telephone
Company or any reseller), of the fact that a particular end user
who was previously a customer of such carrier, is no longer one
of its customers.
(2) Paragraph (A), above, shall not prohibit the use by
the Telephone Company of aggregate data relating to sales to all
resellers in a particular geographic area for any legitimate
business purpose of the Telephone Company.
(3) Paragraph (A), above, shall not preclude the
disclosure to Telephone Company retail marketing personnel or to
other resellers of information pertaining to a reseller's
customer where the customer consents to and authorizes such
disclosure.
(4) Paragraph (A), above, shall not prohibit attempts to
sell Telephone Company services by Telephone Company employees
who have access to information relating to specific orders placed
by resellers under these terms and conditions, so long as:
(a) the employee spends a deminimis amount of his
or her time involved in the marketing of Telephone Company
services, and
(b) the employee does not utilize the reseller information in such
sales attempts.
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6.3 ORDERING OF SERVICE (Cont'd)
6.3.1 ORDERS FOR RESOLD SERVICES (Cont'd)
6.3.1.3 DISCLOSURE OF RESELLER INFORMATION TO OTHER RESELLERS OR TO TELEPHONE
COMPANY RETAIL MARKETING PERSONNEL (Cont'd)
(B) EXCEPTIONS: (Cont'd)
(5) In the case of a customer who chooses to switch his/her/its service
from a reseller to the Telephone Company, or to another reseller,
Paragraph (A) above shall not prohibit the disclosure to Telephone
Company marketing personnel, or to such other reseller, of
information necessary to enable the Telephone Company or such other
reseller to assume the account, including the customer's service
configuration and billed name and address.
(6) Paragraph (A) above shall not preclude the disclosure to Telephone
Company marketing personnel of the identity of the reseller
providing service to an end user for the purpose of responding to a
question from the end user about the identity of his/her/its
service provider.
6.3.1.4 DISCLOSURE OF CUSTOMER INFORMATION
(A) General Rule - Subject to the following paragraph (B), the Telephone
Company will not provide information on any end user customer to a
reseller without the consent and authorization of such customer.
(B) Exceptions:
(1) If a Telephone Company end user subsequently becomes an end user of
a reseller, the Telephone Company will provide the reseller with
all information necessary to enable it to assume the end user's
account, including the customer's service configuration and billed
name and address.
(2) Paragraph (A) above shall not preclude disclosure of information
pursuant to industry-wide arrangements for the exchange of
information on end user credit histories, consistent with PBS
requirements.
6.3.1.5 EVIDENCE OF END USER CONSENT AND AUTHORIZATION
(A) Where the Telephone Company identifies that end user consent is
required for the disclosure of information, the Telephone Company will
obtain consent and appropriate authorization from the end user.
6.3.1.6 ADDITIONAL ENGINEERING AND SPECIAL CONSTRUCTION
(A) Additional charges will be applied to an order for service when the
Telephone Company determines additional engineering or special
construction is necessary to accommodate a reseller request.
(1) When it is required, the reseller will be so notified and will be
furnished with a written statement setting forth the justification
for the additional engineering and/or special construction as well
as an estimate of the charges in conjunction with the terms and
conditions specified in VTPSB No. 20.
6.3 ORDERING OF SERVICE (CONT'D)
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6.3.2 RESPONSIBILITY OF THE TELEPHONE COMPANY (CONT'D)
6.3.2.1 REFUSAL AND DISCONTINUANCE OF SERVICE
(A) If the reseller fails to comply with the rules and regulations of these
terms and conditions, including any payments to be made by it on the
dates and times herein specified, the Telephone Company may, on thirty
(30) days written notice by Overnight Delivery or Certified U.S. Mail
to the reseller, refuse additional applications for service and/or
refuse to complete any pending orders for service at any time
thereafter. If the Telephone Company does not refuse additional
applications for service on the date specified in the 30 days notice,
and the reseller's noncompliance continues, nothing contained herein
shall preclude the Telephone Company from refusing additional
applications for service without further notice.
(B) If the reseller fails to comply with the rules and regulations of these
terms and conditions, including any payments to be made by it on the
dates and times herein specified, the following shall occur:
(1) The Telephone Company shall notify the reseller and the PSB in
writing of the reseller's failure to pay amount(s) when due under
these terms and conditions and if the reseller shall have failed to
make such payment within thirty (30) days of the giving by the
Telephone Company of such notice then
(2) The Telephone Company shall provide a second notice of non-payment
(the "Second Notice") in writing to the reseller and the PSB following
the thirty (30) day period referred to in Section 6.3.2.1(B)(1), and
(3) If by the tenth (10) day after the giving to the PSB of the Second
Notice, the PSB has not ruled that the Telephone Company may not take
termination actions, then the service shall be discontinued. The
reseller shall have the burden of proof in any such proceeding before
the PSB of establishing that the Telephone Company is not permitted to
take the termination actions.
(C) Notwithstanding the foregoing, the Telephone Company will not exercise
its rights to refuse and discontinue service as stated in 6.3.2.1
(A)&(B) if the reseller submits charges to the Telephone Company if
believes in good faith were billed in. effort and such charges are
accepted by the Telephone Company for investigation.
6.3.2.2 DISCONTINUANCE OF SERVICE FOR CAUSE WITHOUT NOTICE
(A) The Telephone Company may discontinue service or cancel an application
for service without notice in the event the Telephone Company is
prohibited from furnishing services by order of a court or other
government authority having jurisdiction.
(B) In the event of fraudulent use of the Telephone Company's network,
including but not limited to fraudulent End User orders for transfer of
service, the Telephone Company will discontinue service without notice
and/or seek legal recourse to recover all costs involved in enforcement
of this provision.
6.3.2.3 The Telephone Company will not incur any liability if it
discontinues services or cancels an application for services for any
of the reasons contained in 6.3.2.
6.3 ORDERING OF SERVICE (CONT'D)
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6.3.3 RESPONSIBILITY OF THE RESELLER
6.3.3.1 POINT OF CONTACT FOR END USERS
(A) The reseller shall serve as the single point of contact for its end
users on such matters as billing, requests for new service, requests
for the modification or discontinuance of existing services, service
trouble reports, repair requests, complaints, etc. The reseller shall
be obligated to transmit such requests or reports to the Telephone
Company through the automated order interface to the extent reasonably
necessary to enable the Telephone Company to fulfill its obligations
under these terms and conditions.
6.3.3.2 FORECASTING OF SERVICE REQUIREMENTS
(A) To the extent reasonably necessary for the planning of Telephone
Company facilities, the reseller shall provide, upon request of the
Telephone Company, forecasts of the approximate number of units of
exchange and other services that the reseller expects to require in
specific geographic areas. Such forecasts are considered by the
Telephone Company as confidential information of the reseller and will
be treated in accordance with the provisions specified in these terms
and conditions for confidential reseller information.
6.3.3.3 REFUSAL, DISCONTINUANCE OR TRANSFER OF SERVICE
(A) Where a reseller discontinues its provision of service to all or
substantially all of its end users, whether by its own decision, as a
result of involuntary bankruptcy or for any other reason, the reseller
must send advance written notice of such discontinuance to the
Telephone Company, the PSB and to each of the reseller's end users. If
service to the reseller is discontinued by the Telephone Company, the
reseller must send written notice to each of its end users.
1. Such notice must advise the end users that unless they take
action to switch to a different carrier with 10 days,
provision of their service will be discontinued. Where the
end user elects a specific carrier within the 10 day
period, the relevant charges associated with the change
shall be paid by that carrier.
2. Should the end user elect to transfer service to the
Telephone Company, the Telephone Company will provide
service to the end user in accordance with the terms,
conditions, rates and charges set forth in VTPSB No. 20 and
not the rates specified herein.
(B) If a reseller end user subsequently becomes an end user of
the Telephone Company, the reseller must provide the Telephone
Company with all information necessary to enable the Telephone
Company to assume the end user's account, including the end user's
service configuration and billing name and address.
6.4 ISSUANCE, PAYMENT AND CREDITING OF RESELLER BILLS
6.4.1 RESPONSIBILITY OF THE TELEPHONE COMPANY
6.4.1.1 GENERAL
(A) The Telephone Company bills only the reseller who is considered the
customer of record who is at all times responsible for payment of the
full amount of all charges incurred. The Telephone Company will not be
required to seek payment
20
from the reseller's end users prior to terminating the reseller's
service or pursuing any other remedies for nonpayment by the reseller.
The reseller will thus be the obligor of the Telephone Company, and not
the guarantor or surety for any of the obligations of the reseller's end
user.
(1) The reseller as customer of record is responsible for any
allocation of end user charges for resold service.
(2) Regardless of whether the reseller's end user is still using
service, the reseller is responsible for charges incurred by the end
user or reseller for all services on a line until the reseller submits
an order to discontinue such service.
6.4.1.2 BILLING CONVENTION METHODS
(A) The Telephone Company shall xxxx all charges incurred by and credits
due to the reseller under these terms and conditions attributable to
services established or discontinued or provided during the preceding
billing period.
6.4.1.3 BILLING PERIODS
(A) The billing date of a xxxx for a reseller for service provided under
these terms and conditions is referred to as the xxxx xxx. The
period of service each xxxx covers is as follows:
(1) The Telephone Company will establish a xxxx xxx each month for
each reseller account.
(2) The xxxx will cover all non-usage sensitive service charges and
usage charges for the period beginning with the day following the last
xxxx xxx and extends up to and includes the current xxxx xxx. Any
known unbilled charges for prior periods and any known unbilled
adjustments will be applied to this xxxx.
6.4.1.4 LATE PAYMENT PENALTY
(A) If any portion of the payment is received by the Telephone Company
after the payment date (refer to Section 6.4.1.5), or if any portion
of the payment is received by the Telephone Company in funds which are
not immediately available to the Telephone Company, then a late payment
penalty shall be due to the Telephone Company.
(B) The late payment penalty shall be the portion of the payment not
received by the payment date times a late factor. The late factor shall
be the lesser of the following:
6.4 ISSUANCE, PAYMENT AND CREDITING OF RESELLER BILLS (CONT'D)
6.4.1 RESPONSIBILITY OF THE TELEPHONE COMPANY (CONT'D)
6.4.1.4 LATE PAYMENT PENALTY (CONT'D)
(1) The highest interest rate (in decimal value) which may be levied
by law for commercial transactions for the number of days from the
payment date to and including the date that the reseller actually
makes the payment to the Telephone Company, or
(2) The rate of 0.0005 per day for the number of days from the payment
date to and including the date that the reseller actually makes the
payment to the Telephone Company.
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6.4.1.5 PAYMENT DATE
(A) The payment date of bills rendered to resellers for service provided
under these terms and conditions is as follows:
(1) All bills rendered as set forth in this section are due 31 days
after the xxxx xxx or by the next xxxx date whichever is the shortest
interval.
(2) If such payment date falls on a Sunday or on a legal holiday which
is observed on a Monday, the payment date shall be the first non
holiday day following such Sunday or legal holiday.
(3) If such payment date falls on a Saturday or on a legal holiday
which is observed on Tuesday, Wednesday, Thursday or Friday, the
payment date shall be the last non holiday day preceding such Saturday
or legal holiday.
6.4.1.6 MEDIUM OF PAYMENT
(A) Bills are payable in immediately available funds.
(1) Immediately Available Funds denotes a corporate or personal check
drawn on a bank account and funds which are available for use by the
receiving party on the same day on which they are received and include
U.S. Federal Reserve bank wire transfers, U.S. Federal Reserve notes
(paper cash), U.S. coins and U.S. Postal Money Orders.
6.4.1.7 CUSTOMER DEPOSITS
(A) The Telephone Company will, in order to safeguard its interests,
require a reseller, if the reseller has a proven history of late
payments or if the reseller's parent or holding company has a proven
history of late payments to the Telephone Company or if the reseller
does not have established credit (except for a reseller which is a
successor of a company which has established credit and the successor
has no history of late payments to the Telephone Company), to make a
deposit prior to or at any time after the provision of a service to the
reseller to be held by the Telephone Company as a guarantee of the
payment of rates and charges.
(B) Such deposit may not exceed the actual or estimated rates and charges
for the service for a two month period.
6.4 ISSUANCE, PAYMENT AND CREDITING OF RESELLER BILLS (CONT'D)
6.4.1 RESPONSIBILITY OF THE TELEPHONE COMPANY (CONT'D)
6.4.1.7 CUSTOMER DEPOSITS (CONT'D)
(C) The fact that a deposit has been made in no way relieves the reseller
from complying with the Telephone Company's regulations as to the
prompt payment of bills.
(D) At such time as the provision of the service to the reseller is
terminated, the amount of the deposit will be credited to the
reseller's account and any credit balance which may remain will be
refunded.
(E) At the option of the Telephone Company, such a deposit will be refunded
or credited to the reseller's account when the reseller has established
credit or after the reseller has established a one year prompt payment
record at any time prior to the termination of the provision of the
service to the reseller.
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(F) In the case of a cash deposit, for the period the deposit is held by
the Telephone Company, the reseller will receive simple interest of
10% per annum. Interest will be credited to the reseller annually on
the first xxxx following December 31, or upon termination of the
service or the return of the deposit by the Telephone Company.
(G) Should a deposit be credited to the reseller account, as indicated
above, no interest will accrue on the deposit from the date such
deposit is credited to the reseller's account.
6.4.1.8 XXXXXXXX DISPUTE
In the event that a billing dispute occurs concerning any charges
billed to the reseller by the Telephone Company, the following
regulations apply:
(A) The first day of the dispute shall be the date on which the reseller
furnishes the Telephone Company with the account number under which the
xxxx has been rendered, the date of the xxxx and the specific items on
the xxxx being disputed.
(B) The date of resolution shall be the date on which the Telephone Company
completes its investigation of the dispute, notifies the reseller of the
disposition and, if the billing dispute is resolved in favor of the
reseller, applies credit for the correct disputed amount, the disputed
amount penalty and/or late payment penalty as appropriate.
(C) If a billing dispute is resolved in favor of the Telephone Company, any
payments withheld pending resolution of the dispute shall be subject to
the late payment penalty (refer to Section 6.4.1.4). Further, the
reseller will not receive credit for the disputed amount of the disputed
amount penalty.
23
6.4 ISSUANCE, PAYMENT AND CREDITING OF RESELLER BILLS (CONT'D)
6.4.1 RESPONSIBILITY OF THE TELEPHONE COMPANY (CONT'D)
6.4.1.8 BILLING DISPUTE (CONT'D)
(D) If a reseller disputes a xxxx within three months of the payment date
and pays the total billed amount on or before the payment date and the
billing dispute is resolved in favor of the reseller, the reseller will
receive a credit for a disputed amount penalty from the Telephone
Company for the period starting with the date of payment and ending on
the date of resolution. The credit for a disputed amount penalty shall
be as set forth following.
(E) If a reseller disputes a xxxx within three months of the payment date
and pays the total billed amount after the payment date and the billing
dispute is resolved in favor of the reseller, the reseller will receive
a credit for a disputed amount penalty from the Telephone Company for
the period starting with the date of payment and ending on the date of
resolution. The late payment penalty applied to the disputed amount
resolved in the reseller's favor (refer to Section 6.4.1.4) will be
credited.
(F) If a reseller disputes a xxxx within three months of the payment date
and does not pay the disputed amount or does not pay the billed amount
(i.e., the non-disputed and disputed amount), and the billing dispute
is resolved in favor of the reseller, the reseller will not receive a
credit for a disputed amount penalty from the Telephone Company. The
late payment penalty applied to the disputed amount resolved in the
reseller's favor(refer to Section 6.4.1.4) will be credited.
(G) If a reseller disputes a xxxx after three months from the payment date
and pays the total billed amount on or before the dispute date, and the
billing dispute is resolved in favor of the reseller, the reseller will
receive a credit for a disputed amount penalty from the Telephone
Company for the period starting with the date of dispute and ending on
the date of the resolution. The credit for a disputed amount penalty
shall be as set forth following. The reseller shall not receive a
credit for the late payment penalty.
(H) If a reseller disputes a xxxx after three months from the payment date
and does not pay the disputed amount or does not pay the billed amount
(i.e., the nondisputed amount and disputed amount) and the billing
dispute is resolved in favor of the reseller, the reseller will not
receive a credit for a disputed amount penalty from the Telephone
Company. However, if the reseller pays the disputed amount or the
billed amount after the date of dispute and before the date of
resolution, the reseller will receive a credit for a disputed amount
penalty from the Telephone Company for the period starting with the
date of payment and ending on the date of resolution as a credit for a
disputed amount penalty. The reseller will receive a credit for the
late payment penalty, if applicable, from the Telephone Company.
24
6.4 ISSUANCE, PAYMENT AND CREDIT OF RESELLER BILLS (CONT'D)
6.4.1 RESPONSIBILITY OF THE TELEPHONE COMPANY (CONT'D)
6.4.1.8 BILLING DISPUTE (CONT'D)
(1) The late payment penalty credit shall be the disputed amount
resolved in the reseller's favor times a late payment penalty factor
(refer to Section 6.4.1.4) for the period starting with the date of
dispute and ending on the date of payment of the disputed amount or
the date of resolution whichever occurs first.
(2) The disputed amount penalty shall be the disputed amount resolved
in the reseller's favor times a penalty factor. The penalty factor
shall be the lesser of the following calculations.
(a) The highest interest rate in decimal value, which may be levied by
law for commercial transactions for the number of days from the first
date to and including the last date of the period involved.
(b) The rate of 0.0005 per day for the number of days from the first
date to and including the last date of the period involved.
(I) The reseller is responsible for monitoring the accuracy of the
Telephone Company's bills and for notifying the Telephone Company of
any discrepancies between such bills and the services provided by the
Telephone Company.
6.4.1.9 BILLING ADJUSTMENTS AND VERIFICATION
(A) Adjustments for the quantities of services established or discontinued
in any billing period beyond the minimum period set forth for services
in other sections of these terms and conditions will be prorated to
the number of days or major fraction of days based on a 30 day month.
(B) The Telephone Company will, upon request and if available, furnish the
reseller such detailed information as may reasonably be required for
verification of any xxxx.
6.4.1.10 COMPUTATION OF BILLED CHARGES
(A) When a rate as set forth in these terms and conditions is shown to
more than two decimal places, the charges will be determined using the
rate shown. The resulting amount will then be rounded to the nearest
xxxxx (i.e., rounded to two decimal places).
6.4. 1.11 COMPUTATION OF CREDIT ALLOWANCES
(A) Until Telephone Company time of day measurement capabilities are
available, credit adjustments will be computed by apportioning the
total intrastate usage associated with the honored claim into Day,
Evening and Night and Weekend periods using the time of day
distribution applicable to the reseller. The usage will then be
multiplied by the appropriate Day, Evening and Night and Weekend
rates.
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6.4 ISSUANCE, PAYMENT AND CREDITING OF RESELLER BILLS (CONT'D)
6.4.2 RESPONSIBILITY OF THE CUSTOMER
6.4.2.1 TRANSFER OF END USER ACCOUNT BALANCE
(A) Should a Telephone Company end user discontinue service in order to
become an end user of a reseller, the Telephone Company will render a
final xxxx to such end user. Balances and/or credits in a Telephone end
user's account will not be carried over to the resellers account with
the Telephone Company.
6.4.2.2 END USER INFORMATION
(A) In order to accommodate billing and collection of end user accounts,
resellers must make the billing names and addresses of their end users
available to all telecommunication carriers.
6.5 RESALE PROVISIONS
6.5.1 DESCRIPTION
6.5.1.1 GENERAL
(A) Resale is the sale to another person of telecommunications services
purchased from the Telephone Company. A customer purchases for resale
when such customer purchases a service for the purpose of reselling it
to another (rather than the purpose of using the service itself).
(1) A purchasing agent who orders services for its principal, and who
does not itself agree to assume the obligations of a reseller under
these terms and conditions, is not purchasing for resale within the
meaning of these terms and conditions.
(2) The purchase of telecommunications services or unbundled network
elements for the purpose of provisioning a different service (such as
the purchase of the Telephone Company's switched carrier access service
for the purpose of provisioning an interexchange carrier's toll
service) is not resale within the meaning of these terms and
conditions.
(B) Where a reseller purchases Telephone Company exchange service from the
Telephone Company and resells it to an end user, such reseller's end user will
be able to access any and all services that a Telephone Company end user would
be able to access on a Telephone Company exchange service line. Such services to
the extent provided by the Telephone Company will be deemed to have been sold to
the reseller by the Telephone Company as they are utilized by the reseller's end
user, and the reseller will be responsible to the Telephone Company for payment
of such services.
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6.5.1 DESCRIPTION (CONT'D)
6.5.1.2 SERVICES OFFERED FOR RESALE
(A) The services offered under these terms and conditions are those that
are offered by the Telephone Company to end users under the
regulations, terms and conditions of VTPSB No. 20, except for public
telephone service, and in accordance with the following limitations:
(1) Services that are sold to the Telephone Company's end users only
in conjunction with the purchase of basic dial tone service will be
available for resale only in conjunction with the resale of basic dial
tone service and not on a stand alone basis.
(2) Services in VTPSB No. 20 that have been designated as no longer
available for new installations or no longer offered are not offered
for resale except that such services are only available for resale to
the embedded base of end users who were permitted to retain such
service(s) in accordance with the regulations contained in VTPSB No.
20.
(3) Promotional program offerings (e.g., discounts, waivers, credits,
certificates, premiums, discounted product trials or other inducements
that would apply to a particular end user for a period of 90 days or
less, and that are offered in order to promote the sale of a service)
are offered for resale, however they are not subject to the resale
discount specified in Section 6.10.5.3.1.
(B) Linkup America may only be resold to Linkup America eligible end
users. The reseller is responsible for confirming the eligibility of
such end users for Linkup America.
(1) The Telephone Company (to the extent it would otherwise be
eligible), and not the reseller will be eligible for any universal
service funding resulting from the provision of Link Up America in
conjunction with these terms and conditions.
(C) Lifeline may only be sold to Lifeline eligible end users. The
reseller is responsible for confirming the eligibility of such end
users for Lifeline.
(1) The Telephone Company (to the extent it would otherwise be
eligible), and not the reseller will be eligible for any universal
service funding resulting from the provision of Lifeline in
conjunction with these terms and conditions.
(D) Blocking - Resellers are allowed to purchase blocking services to
restrict end user access to particular capabilities to the extent
such services are available under and on the same terms and
conditions as set forth in VTPSB NO. 20.
6.5.2 REGULATIONS
6.5.2.1 RESTRICTIONS
(A) CLASS OF CUSTOMER - This is a restriction contained in VTPSB NO. 20
that limits the availability of a service to a particular type of
customer, such as a business customer, a residence customer, carrier,
end user, etc.
(1) Where a resold service is subject to such restriction the
reseller may not resell such service to any customer not in the
relevant class. The reseller may purchase the service
27
6.5 RESALE PROVISIONS (CONT'D)
6.5.2 REGULATIONS (CONT'D)
6.5.2.1 RESTRICTIONS (CONT'D)
for resale to a customer in the relevant class whether or not the
reseller itself is within the class.
(a) Business services may be resold to residence end users as long as
the end user is served by a business exchange line and as long as
all other services provided on that line are also under the business
class and charged for at the appropriate business service rates and
charges.
(2) Where a reseller resells a service to another person, and such
other person is itself a reseller rather than an end user, the reseller
purchasing from the Telephone Company must require its end users (by
tariff or by contract), to conform to any applicable class of service
restrictions for end users and all other requirements of resellers
under these terms and conditions.
(3) This class of service restriction does not pertain to resale of a
Centrex line where a residential end user is not restricted to
business service for that Centrex line. This service is subject to
additional Individual Case Basis (ICB) developmental costs and will be
developed in a mutually agreed upon time schedule, not to exceed six
months from the time that the service is ordered.
(B) Aggregation of Usage - The reseller may receive a volume discount only
to the extent that its individual end users would have qualified for
volume discounts under the provisions contained in VTPSB No. 20.
(C) The reseller is not allowed to offer resold service to its customers
under any of the Telephone Company trademarks, service marks,
registered trademark, registered service xxxx or brand-names, or use
the logos of the Telephone Company or the Telephone Company's
affiliates without the expressed written authorization of the Telephone
Company.
6.5.3 APPLICATION OF RATES AND CHARGES
6.5.3.1 UNDERLYING SERVICES
(A) DISCOUNT - The rates and charges that apply for the underlying services
that are sold to a reseller in accordance with the terms and conditions
described herein, are specified in VTPSB No. 20. The Telephone Company
will discount the VTPSB No. 20 rates and charges by applying the resale
discounts specified in Section 6.10.5.3.1 of these terms and conditions
to the applicable VTPSB No. 20 rates and charges for resold services
offered under these terms and conditions in accordance with Section
6.5.1.2.
The discount applicable to residential and business services, contained
in VTPSB No. 20, Part A, Sections 5.1 through 5.4, and the Exchange
Line portion of Services in Part H varies depending upon whether or not
the Telephone Company provides Operator Services and Directory
Assistance (OSDA).
6.5 RESALE PROVISIONS (CONT'D)
28
6.5.3 APPLICATION OF RATES AND CHARGES (CONT'D)
6.5.3.1 UNDERLYING SERVICES (CONT'D)
(B) The Telephone Company reserves the right to apply a different avoided
cost discount, for services provided pursuant to Special Contract
Arrangements, as approved by the PSB.
6.5.3.2 SERVICE ESTABLISHMENT
Service establishment charges apply to recover the establishment costs
for electronic interfaces and other operational support systems (OSS).
(A) RECURRING ESTABLISHMENT CHARGES A recurring monthly charge per
reseller will be assessed during the five (5) year recovery period.
This charge provides for NYNEX region-wide access to the OSS platform.
(B) NON-RECURRING ESTABLISHMENT CHARGES A Non-Recurring charge per OSS
Transaction will be assessed during the five (5) year recovery period
for developmental costs (includes development and ongoing costs).
6.5.3.3 OTHER CHARGES
Charges to recover the ongoing costs to maintain the service center
for resellers and the electronic interface systems will be assessed
against all resellers.
(A) SERVICE CENTER MAINTENANCE CHARGE A monthly recurring charge per
resold line will be assessed to recover the cost of maintaining the
service center for resellers.
(B) ELECTRONIC INTERFACE MAINTENANCE CHARGE A Non-Recurring charge per OSS
Transaction will be assessed after the five year recovery period for
the recovery of ongoing costs associated with maintaining the
electronic interfaces.
(C) COMPLEX ORDER CHARGE A Non-Recurring charge per Centrex line ordered
will be applied to recover the manual processing required for Centrex
lines.
6.5.3.4 SPECIAL CONTRACT PRICING
Special Contract Arrangements will be offered to the reseller on the
condition that the reseller's end-user is similarly situated, i.e.
has the same cost and market characteristics used to develop the
Telephone Company's Special Contract Arrangement.
The discounts for Special Contract Arrangements shall not be the
discounts specified in 6.10.5.3.1 but shall be an
individually-determined discount based upon the Telephone Company's
avoided cost in respect of the nature and configuration of the
services to be provided under special contract. At the request of the
reseller, the Telephone Company shall explain in a reasonably timely
manner the avoided cost calculation for special contracts.
6.6 ALTERNATELY BILLED CALLS
An alternately billed call is any call which is billed to a number
other than the number originating the call, and includes credit card,
collect and third party calls.
The following procedures shall apply for alternately billed calls
originating or terminating over a Telephone Company line which has
been resold:
29
(1) In the case of a local call or an intraLATA toll call carried on the
Telephone Company's network originating from a reseller's end user customer line
that is served in a Telephone Company exchange within the Telephone Company's
serving area in the state of Vermont, the Telephone Company shall record,
process and rate such a call at the Telephone Company's tariffed rates and xxxx
and collect payment from its customer.
(2) In the case of a local call or an intraLATA toll call carried on the
Telephone Company's network originating from a Telephone Company end user within
the Telephone Company's serving area in the state of Vermont and charged to a
reseller's end user customer line that is served in a Telephone Company's
exchange within the Telephone Company's serving area in the state of Vermont,
the Telephone Company shall separately record and process each such call and
send an unrated record of all such calls to the reseller on a daily basis for
the reseller's billing and collections purposes. The reseller shall pay the
Telephone Company for such calls at the wholesale discount rates. The reseller
will pay any additional costs. The Telephone Company shall xxxx such calls and
any additional costs on a monthly basis. The reseller shall rate the calls,
xxxx their retail customers for such calls and keep the revenues collected.
(3) In the case of a local call or an intraLATA toll call originating from a
reseller's end user customer line that is served in a Telephone Company
exchange within the Telephone Company's serving area in the state of Vermont
and charged to an out-of-region (as defined in CATS industry process)customer
of a TC Vermont, the Telephone Company shall record, process and rate such a
call and forward such information to the TC through Centralized Message
Distribution ("CMDS"). Such TC, in turn, shall xxxx and collect payment from
its customers and remit to the Telephone Company the amount billed which
shall be adjusted for billing and collection costs incurred by such
out-of-region carrier at rates utilized by the industry CATS settlement
process.
(4) In the case of an out-of-region local call or an intraLATA toll call
originating and terminating outside of the state of Vermont and charged to a
reseller's end user customer line that is served in a Telephone Company exchange
within the Telephone Company's serving area in the state of Vermont, for so long
as the reseller cannot receive information and charges regarding such calls
directly from the out-of-region TC through CMDS, the Telephone Company shall,
upon receipt of such information and charges from such out-of-region TC,
retransmit such information and charges
30
6.6 ALTERNATELY BILLED CALLS (CONT'D)
to the reseller via the daily usage feed charging a record transmission
fee. The Telephone Company shall xxxx the reseller for such calls on a
monthly basis at the rates transmitted to the Telephone Company from
such out-of-region TC. The reseller shall xxxx and collect payment from
its customers. The reseller shall remit to the Telephone Company the
amount billed by the Telephone Company.
6.7 RESERVED FOR FUTURE USE
6.8 OTHER SERVICES
6.8.1 CALL USAGE DETAIL
6.8.1.1 DESCRIPTION
(A) Call usage detail is available to resellers for local calls associated
with the Telephone Company's resold message rate service, and for
intraLATA toll service. Call usage data is offered as local call usage
detail or local call usage detail and intraLATA call usage detail and
is provided via transmission or tape/cartridge.
(B) Local Call Usage Detail - Provides complete call detail by retail
billing telephone number and by line, consisting of calling telephone
number, called telephone number, call date, call connect time, and
call elapsed time.
(C) IntraLATA Call Usage Detail - Provides complete call detail by retail
billing telephone number and by line consisting of calling telephone
number, called telephone number, call date, call connect time, and
call elapsed time.
6.8.1.2 REGULATIONS
(A) Responsibility of the Telephone Company
(1) The lapsed time between usage recorded by the Telephone Company
and delivery to the reseller will not exceed eight business days.
(2) The Telephone Company will store reseller usage data for 45 days
from the date of transmission to the reseller.
6.8.1.3 APPLICATION OF RATES AND CHARGES
(A) Record Processing - A per record processed charge applies.
(1) A record consists of a call with called number, call date,
connect time, and elapsed time.
31
6.8 OTHER SERVICES (CONT'D)
6.8.1 CALL USAGE DETAIL (CONT'D)
6.8.1.3 APPLICATION OF RATES AND CHARGES (CONT'D)
(B) Data Transmission - A per record transmitted charge applies.
(C) Tape or Cartridge - Available in addition to or in place of data
transmission.
(1) When a tape or cartridge is provided in place of data transmission,
data transmission charges are not applicable and a per tape or
cartridge charge will apply. If a tape or cartridge is requested in
addition to data transmission, both the per tape or cartridge charge
and the per data transmission charge applies.
6.8.2 ELECTRONIC CUSTOMER SERVICE RECORD RETRIEVAL
6.8.2.1 DESCRIPTION
(A) This service provides the reseller with the ability to electronically
request the customer service record of an end user. The current
customer service record will be formatted by the Telephone Company and
transmitted back to the reseller. The customer service record reflects
the most recent, completed service order activity and provides the
service and equipment billed by the Telephone Company to a Telephone
Company end user or to a reseller.
6.8.2.2 APPLICATION OF RATES AND CHARGES
(A) A service record retrieval charge applies to each customer service
record electronically delivered to the reseller.
(B) A reseller may request any number of electronic customer service
records, but will only be charged for the number of electronic
customer service records successfully transmitted to the reseller.
6.8.3 DIRECTORY SERVICES
6.8.3.1 DIRECTORY ASSISTANCE (DA) AND DIRECTORY LISTING SERVICES
(A) The Telephone Company will include in its published white pages
directories and in its directory assistance records, the name, address
and telephone number of the reseller's telephone exchange service
customers (one listing per end user line), in accordance with the
Telephone Company provisions relating to alphabetical listings and to
directory assistance as specified in VTPSB No. 20. Such listings will
not be provided for any lines for which the reseller purchases
nonpublished and nonlisted number service. Additional listings will be
provided under the terms and conditions set forth in VTPSB No. 20.
(B) Yellow Page Listing - Upon request of the reseller the Telephone
Company will include in its published yellow page directories a single
line, light-face (non-bold) listing for the reseller's telephone
exchange service business end user.
(C) The Telephone Company will include in the "Information Pages" or
comparable section of its white page directories, for areas served by
the reseller, the reseller's customer service telephone number which
shall be provided by the reseller.
6.8 OTHER SERVICES (CONT'D)
32
6.8.4 ENHANCED UNIVERSAL EMERGENCY NUMBER SERVICE E-9-1-1
(A) The Telephone Company will include the resellers telephone exchange
service customers in the relevant E-9-1-1 database(s).
6.8.5 ANNOYANCE CALL BUREAU
(A) Resellers are entitled to use the services provided by the Telephone
Company's annoyance call bureau.
6.8.6 OPERATOR SERVICES/DIRECTORY ASSISTANCE SERVICES
6.8.6.1 At the reseller's option, the Telephone Company will re-route
the reseller's end-users' local and toll operator services and
directory assistance calls to an alternate operator services
provider. The Telephone Company will provide such re-routing
services on a first come, first served basis pursuant to a
mutually agreed-upon schedule. The schedule established will
depend upon the reseller's specific requirements, and in any
event be completed within twelve months of the request.
6.8.6.2 The rerouting of operator services and directory assistance
calls will be implemented at the Reseller's expense. The charge
will be determined on an individual case basis.
6.8.6.3 Trunks for Operator Services/Directory Assistance Routing can
be ordered in Section 5.6.1.7.
6.8.6.4 The Telephone Company may request the reseller to provide
forecasts of its anticipated use of operator services and
directory assistance routing for planning purposes.
6.8.6.5 Reseller must arrange for Operator Services/Directory Assistance
routing by submitting a Network Design Request as specified in
5.6.1.1 (D)(9).
6.8.6.6 At the reseller's option, the Telephone Company will provide
Operator Services and Directory Assistance announcement services
to the reseller when the reseller utilizes the Telephone
Company's Operator and Directory Assistance Services for the
reseller's end-users' local and toll Operator Services and
Directory Assistance calls. The reseller may choose a branded or
unbranded announcement. The Telephone Company will provide such
rebranding services on a first come, first served basis pursuant
to a mutually agreed-upon schedule. The schedule established
will depend upon the reseller's specific requirements, and in
any event be completed within twelve months of the request.
6.8.6.7 The establishment of branding of operator services and directory
assistance call will be implemented at the Reseller's expense.
The charge will be determined on an individual case basis. The
rate per branded announcement, is detailed in Section
5.8.7(A)(1).
6.8.6.8 The Telephone Company may request the reseller to provide
forecasts of its anticipated use of operator services and
directory assistance branding for planning purposes.
6.9 RESERVED FOR FUTURE USE
33
34
VERMONT RESALE AGREEMENT
SECTION 6
6.10 RATES AND CHARGES
6.10.5 RESALE
6.10.5.3.1 Discounts to Underlying Services
ID Service Category Rate Element Rate
-----------------------------------------------------------------------------------
A. Discounts for all Business Services 26.01%
services except
those in
6.10.5.3. 1 (B)
Residence Services 18.20%
B. Discounts only for Business Services 27.66%
services specified in
VTPSB No. 20,
Part A, Sections 5.1
through 5.4 and the Residence Services 20.43%
exchange line
portion of services
in Part H where the
reseller provides
OSDA
6.10.5.3.2 Service Establishment Charges
ID Service Category Rate Element Rate
-------------------------------------------------------------------------------------------------
Recurring Monthly charge per reseller during $2,606.00
Establishment the 5 year recovery period
Charge*
Non-Recurring Per OSS transaction during 7 yr. $1.26
Establishment period for recovery of
Charges development costs (included
development and ongoing costs)
* This charge provides for NYNEX region-wide access to the OSS platform.
1
6.10.5.3.3 Other Charges
ID SERVICE CATEGORY Rate Element Rate
--------------------------------------------------------------------------------------------------
Service Center Monthly charge per resold line $0.21
Maintenance
Charge
Electronic Interface Per OSS Transaction after the $0.42
Maintenance development costs are fully
Charge recovered (includes only ongoing
costs)
Complex Order Per Centrex line ordered $16.27
Charge
6.10.8 Optional Services
6.10.8.1 Call Usage Detail
ID Service Category Rate Element Rate
------------------------------------------------------------------------------------------------------
Record Processing Per Record Processed $0.004099
Data Transmission Per Record Transmitted $0.000119
Tape or Cartridge Per Tape or Cartridge $20.12
2
6.10.8.2 Electronic Customer Service Record Retrieval
ID Service Category Rate Element Rate
---------------------------------------------------------------------------------------------
Electronic $0.14
Customer Service Per Customer Record
Record Retrieval
6.10.8.6 Operator Services/Directory Assistance Services
ID Service Category Rate Element Rate
----------------------------------------------------------------------------------------
Establishment of ICB
Branding Nonrecurring Establishment
Charge
Branded Branding Surcharge per Call $0.077810
Announcement
Charge
3
XXXXXXXX 0, XXXXXXXXXX 11
QUALIFIED BUSINESS LINES FOR VOLUME COMMITMENT
VERMONT
----------------------------------------------------------------------------------------------------------------------------------
ACCESS LINES
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Non-Optional Measured - Low Use LMB ALM
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Non-Optional Measured - Standard LMA B2K
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Direct Inward Dial Trunks NDT ND8
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
PBX Trunks XMB XFB
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
PBX DIGITAL TRUNKS T2DMX T4DOX
---------------------------------------------------------------
---------------------------------------------------------------
T2DOX TDYMX
---------------------------------------------------------------
---------------------------------------------------------------
T4DMX TDYOX
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
PBX ANALOG TRUNKS XX0 XX0 TBPCX TM7
---------------------------------------------------------------
---------------------------------------------------------------
T1V TGJTM TCX TM9
---------------------------------------------------------------
---------------------------------------------------------------
T2D1X TGQ TDD TMB
---------------------------------------------------------------
---------------------------------------------------------------
T2DCX TGZ TDY1X TMC
---------------------------------------------------------------
---------------------------------------------------------------
T3E THN TDYCX TMK
---------------------------------------------------------------
---------------------------------------------------------------
T3U THO TEPCX TMR
---------------------------------------------------------------
---------------------------------------------------------------
T3V THQ TF6 TMT
---------------------------------------------------------------
---------------------------------------------------------------
T4U THU TFB TMU
---------------------------------------------------------------
---------------------------------------------------------------
T4V THW TFC TP5CX
---------------------------------------------------------------
---------------------------------------------------------------
T4X THZ TFK TS9
---------------------------------------------------------------
---------------------------------------------------------------
T5E TJT TFQ TS90X
---------------------------------------------------------------
---------------------------------------------------------------
T5K TKG XXX XX0
---------------------------------------------------------------
---------------------------------------------------------------
T5N TKO TFT TYD
---------------------------------------------------------------
---------------------------------------------------------------
T50 TKV TFU TZQ
---------------------------------------------------------------
---------------------------------------------------------------
T86 TM2 TG2 TZZ
---------------------------------------------------------------
---------------------------------------------------------------
T87 TM3 TG7 TJB
---------------------------------------------------------------
---------------------------------------------------------------
TB2 TM5 TBB TM6
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
CENTREX:**
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
**Excludes:
1. Centrex systems priced under a special contract (ICB, FPO, LSO, Custom Pricing)
2. Centrex systems which serve multiple end user customers
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
INTELLIPATH
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Xxx-Xxxxxxxx Xxxxxxxx - XXX0XX X0XXX
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Non-Optional Measured - 5ESS E6JUX
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Measured - DMS1OO E6KJX
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Measured - 5ESS E6KUX
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
INTELLIPATH STATIONS / LINES
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Primary Station - Principle premise R42
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Primary Station - Principle premise - Fully Restricted R45
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Primary Station - other than Principle premise R43
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Primary Station - other than Principle premise - Fully
Restricted R46
----------------------------------------------------------------------------------------------------------------------------------
Page 1 of 1
XXXXXXXX 0, XXXXXXXXXX 12
PRODUCTS AND SERVICES ELIGIBLE FOR VTD DISCOUNT
VERMONT
----------------------------------------------------------------------------------------------------------------------------------
ACCESS LINES
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Non-Optional Measured - Low Use LMB ALM
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Non-Opflonal Measured - Standard LMA B2K
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Direct Inward Dial Trunks NDT ND8
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
PBX Trunks XMB XFB
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
PBX DIGITAL TRUNKS T2DMX T4DOX
--------------------------------------------------------------
--------------------------------------------------------------
T2DOX TDYMX
--------------------------------------------------------------
--------------------------------------------------------------
T4DMX TDYOX
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
PBX ANALOG TRUNKS XX0 XX0 TBPCX TM7
--------------------------------------------------------------
--------------------------------------------------------------
T1V TGJTM TCX TM9
--------------------------------------------------------------
--------------------------------------------------------------
T2D1X TGQ TDD TMB
--------------------------------------------------------------
--------------------------------------------------------------
T2DCX TGZ TDY1X TMC
--------------------------------------------------------------
--------------------------------------------------------------
T3E THN TDYCX TMK
--------------------------------------------------------------
--------------------------------------------------------------
T3U THO TEPCX TMR
--------------------------------------------------------------
--------------------------------------------------------------
T3V THQ TF6 TMT
--------------------------------------------------------------
--------------------------------------------------------------
T4U THU TFB TMU
--------------------------------------------------------------
--------------------------------------------------------------
T4V THW TFC TP5CX
--------------------------------------------------------------
--------------------------------------------------------------
T4X THZ TFK TS9
--------------------------------------------------------------
--------------------------------------------------------------
T5E TJT TFQ TS90X
--------------------------------------------------------------
--------------------------------------------------------------
T5K TKG XXX XX0
--------------------------------------------------------------
--------------------------------------------------------------
T5N TKO TFT TYD
--------------------------------------------------------------
--------------------------------------------------------------
T50 TKV TFU TZQ
--------------------------------------------------------------
--------------------------------------------------------------
T86 TM2 TG2 TZZ
--------------------------------------------------------------
--------------------------------------------------------------
T87 TM3 TG7 TJB
--------------------------------------------------------------
--------------------------------------------------------------
TB2 TM5 TBB TM6
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
INTRA-LATA TOLL
#MUST BE ASSOCIATED WITH A RESOLD VTD QUALIFIED BUSINESS LINE
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Message Rate Service N/A
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
MTS, including Business Link Optional Calling Plan but OVP OV2
--------------------------------------------------------------
--------------------------------------------------------------
excluding all other Optional Calling Plans
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
FEATURES
#MUST BE ASSOCIATED WITH A RESOLD VTD QUALIFIED BUSINESS LINE
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Touch Tone TTB
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Forwarding ESM
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Forwarding, Speed Calling 8 & Speed Calling 30 EZO
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Forwarding, Three Way Calling & Speed Calling 30 ESB
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Forwarding, Three Way Calling & Speed Calling 8 ESR
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Forwarding, Three Way Calling, Speed Calling 8 &
Speed Calling 30 EZS
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Walting ESX
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Waiting, Call Forwarding & Speed Calling 30 ESG
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Waiting, Call Forwarding & Speed Calling 8 ESA
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Waiting, Call Forwarding & Three Way Calling ETC
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Waiting, Call Forwarding, Speed Calling 8 & Speed
Calling 30 EZQ
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Waiting, Call Forwarding, Three Way Calling & Speed
Ealling 30 ES5
----------------------------------------------------------------------------------------------------------------------------------
Page 1 of 2
----------------------------------------------------------------------------------------------------------------------------------
Call Waiting, Call Forwarding, Three Way Calling & Speed
Calling 8 ES3
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Waiting, Call Forwarding, Three Way Calling, Speed
Calling 8 & Speed Calling 30 EZT
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Waiting, Speed Calling 8 & Speed Calling 00 XXX
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Waiting, Three Way Calling & Speed Calling 30 ET3
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Waiting, Three Way Calling & Speed Calling 8 ET8
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Waiting, Three Way Calling, Speed Calling 8 &
Speed Calling 30 EZR
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Speed Calling 30 E3D
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Speed Calling 8 E8C
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Three Way Calling ESC
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Three Way Calling, Speed Calling 8 & Speed Calling 30 EZP
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Forwarding II CFZ GCZ E5E
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
PHONE SMART SERVICES
#MUST BE ASSOCIATED WITH A RESOLD VTD QUALIFIED BUSINESS LINE
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
*69 NSS
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
*69 (Per Activation Charge)
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
*69 Denial HBS
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Trace NST
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Waiting ID NWT
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Waiting ID with Name N7PXA
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Call Trace (Per Activation Charge)
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Caller ID NSD
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Caller ID with Name NNK
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Caller ID Manager NWL
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Caller ID Manager with Name NNW
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Per Call Blocking
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Per Line Blocking NBJ
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Repeat Dialing NSQ
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Repeat Dialing (Per Activation Charge)
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Repeat Dialing & *69 NSP
----------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
Repeat Dialing Denial HBQ
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