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XXXXXXX 00.0
XXX XXXXXXX 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 - Massachusetts and United States
Telecommunications, Inc. d/b/a Tel Com Plus ("Customer").
WHEREAS, the Company will offer local exchange services ("Service(s)")
for resale;
WHEREAS, the Customer is a reseller operating in the Commonwealth of
Massachusetts,;
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 Commonwealth of Massachusetts for resale by
the Customer in accordance with the attached Terms and Conditions --
Resale Services ("Terms and Conditions") 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 Department for approval pursuant to section
252 of the Telecommunications Act of 1996. The Agreement will
be effective in accordance with the Department's order or
decision which approves the Agreement.
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.
C. Each Party agrees to fully support approval of the Agreement
by the Department 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 Department
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 portions); 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 a
either Party based on any significant change in Federal
Communications Commission or Department rules which may impact
the provision of service under this Agreement or the rights
and obligations of the Parties under the Act. Either Party may
terminate this Agreement with 90 days written notice to the
other Party.
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3. CHARGES
The Customer shall pay the Company the charges contained in Attachment
A. The Parties understand that the charges contained in Attachment A
are interim charges subject to revision by the Department. If the
Department 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 Department. However, if the
Department 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 Department will apply to the services
provided under this Agreement as of the date of the Department order or
decision.
4. PROMOTIONAL MATERIAL
The Company shall provide the Customer with a reasonable amount of
information related to the use of the services it will resell for
Customer's 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 Commonwealth of Massachusetts, 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
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under the terms herein shall not preclude or prejudice the
exercise thereafter of the same or other rights under this
Agreement.
8. ASSIGNMENT
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 Customer: United States Telecommunications, Inc.
d/b/a Tel Com Plus
00000 X. Xxxx Xxxxx Xxx 000
Xxxxx, Xx 00000
Attn: Xxxxxxx Xxxxxxx
President
Tel: 000 000-0000
Fax: 000 000-0000
To Company: Account Manager - Resale Services
000 Xxxxxxxxxxxx Xxxx
0xx xxxxx
Xxxxx Xxxxxx, XX 00000
cc: NYNEX 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.
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.
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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. NON-PUBLICITY
Both the Company and the Customer agree that neither will use the
other's name without the written permission of the other in connection
with promotional, advertising or other marketing material.
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
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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. HEADINGS
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 accordance with its terms and, in the event of
any ambiguities, no inferences shall be drawn against either party.
IN WITNESS WHEREOF, the parties have executed this Agreement.
NEW ENGLAND TELEPHONE AND UNITED STATES TELECOMMUNICATIONS,
TELEGRAPH COMPANY D/B/A BELL INC. D/B/A TEL COM PLUS
ATLANTIC MASSACHUSETTS
By: /s/ By: /s/
------------------------- -----------------------
Date: 7/8/98 Date: March 19, 1998
------------------------- -----------------------
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6.1 TERMS AND CONDITIONS INFORMATION
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 Terms and Conditions
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. To the extent that sections
of referenced tariffs violate the Telecommunications
Act of 1996 or other FCC regulations, they are void
and not applicable under these terms and conditions.
B. Upon completion of the investigation of these
generally available terms and conditions, the
Telephone Company will, in compliance with the
Department's Order, file resale tariffs, which when
approved by the Department, will supersede these
terms and conditions.
6.1.2.2 Trademarks and Service Marks
A. Refer to D.P.U. Mass. No. 10.
6.13 Terms and Conditions Terminology
Unless otherwise defined herein, terminology contained within
these terms and conditions are as defined in D.P.U. Mass. No.
10.
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.
PREMISES - This term as defined in D.P.U. Mass. No. 10 is a
reference to the premises at which the service is provided,
and not a reference to the reseller's premises.
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RESALE - The sale to another person of telecommunications
services purchased from the Telephone Company. A person
purchases for resale when such a 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 which subscribes to the telecommunications
services offered under these terms and conditions.
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 D.P.U. Mass. No. 10 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 carrier authorized by law to resell
telecommunications services in the Commonwealth of
Massachusetts 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 services from the
Telephone Company's intrastate tariffs will do so
through traditional retail channels.
C. In addition to the responsibilities and obligations
specified in D.P.U. Mass No. 10, the reseller must
conform to any applicable rules and regulations set
forth by the Department Of Public Utilities.
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
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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.
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.
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 NYNEX 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
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
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reseller complies with the regulations contained in
these terms and conditions.
E. The Telephone Company will provide service (including
the installation and repair thereof) to resellers at
standards that meet the capabilities, functions and
performance standards 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 for
new or modified service beyond that requested by the
reseller.
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 D.P.U. Mass. No. 10.
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.
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.
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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.
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.
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
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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.
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.
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 customer in its directory
listing service and to otherwise fulfill its
obligations under these terms and conditions [e.g.,
customer 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 must identify the end user's
billing telephone number and line(s) and indicate
that the end user's 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 Commonwealth
of Massachusetts.
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C. Resellers may not order services in a particular
building or other location where a reseller has not
yet obtained end user customers 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.
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.
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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 resellers use of
the interface.
D. 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
A. Telephone Company personnel primarily involved in the
marketing of services to end user customers or other
resellers will not have access to order information
provided by the reseller to the Telephone Company
except under the following situations.
1. The Telephone Company will disclose to any local
exchange carrier the fact that a given end user who
was previously a customer of such carrier is no
longer one of the carriers customers.
2. In order for the Telephone Company to be able to
conduct its business, the Telephone Company will
access service information in order to aggregate data
relating to its sale of resold services to resellers.
3. Where a reseller's customer consents to and
authorizes the disclosure of information related to
the customer's order, the Telephone Company may
disclose such data to Telephone Company retail
marketing personnel or to other resellers.
4. If a Telephone Company end user subsequently
becomes an end user of a reseller, the Telephone
Company will, without the consent and authorization
of the end user customer, provide the reseller with
all information necessary to enable it to assume the
end users account including the customer's service
configuration and billing name and address.
5. The Telephone Company will disclose, without the
consent and authorization of the reseller's end user
customer, information pursuant to industry-wide
arrangements for the exchange of information on end
users credit histories, consistent with applicable
legal requirements.
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B. Section 6.3.1.3A shall not prohibit attempts to sell
Telephone Company telecommunications 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:
1. The employee spends a de-minimus amount of his or
her time involved in the marketing of Telephone
Company telecommunications services, and
2. The employee does not utilize the reseller
information in such sales.
C. In the case of a reseller's end user who requests a
change from their present reseller to the Telephone
Company or to another reseller, the Telephone Company
will disclose the information necessary to enable the
Telephone Company or other resellers to assume the
account. Such information includes the customer's
service configuration, billing name and address.
D. The Telephone Company will disclose the identity of
the reseller providing service to an end user for the
purposes of Telephone Company marketing personnel who
are responding to a question from an end user about
the identity of their service provider.
6.3.1.4 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 authorization in writing from the end
user.
6.3.1.5 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 D.P.U.
Mass. No. 10.
6.3.2 Responsibility of the Telephone Company
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 30
days written notice by Certified U.S. Mail to the
reseller refuse additional applications for service
and/or refuse to complete any
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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
Telephone Company may, on 30 days written notice by Certified
U.S. Mail to the reseller, discontinue the provision of the
services involved at any time thereafter. In the case of such
discontinuance, all applicable charges, including termination
charges, shall become due. If the Telephone Company does not
discontinue the provision of the services involved on the date
specified in the 30 days notice, and the reseller's
noncompliance continues, nothing contained herein shall
preclude the Telephone Company from discontinuing the provision
of the services involved without further notice.
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
customers 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 Department,
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.
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1. Such notice must advise the end users that unless they take
action to switch to a different carrier with 15 days, provision
of their service will be discontinued. Where the end user
elects a specific carrier within the 15 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 D.P.U. Mass. No. 10 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.
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
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unbilled non-usage 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.
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.
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
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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.
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.
F. In the case of a cash deposit, the reseller will receive
interest as set forth in Section 6.4.1.4 for the period the
deposit is held by the Telephone Company. Interest will accrue
for the number of days from the date the reseller deposit is
received by the Telephone Company to and including the date
such deposit is credited to the reseller's account or the date
the deposit is refunded 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 Billing 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.
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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.
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
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 nondisputed 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.
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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) 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).
6.4.2 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.
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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
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 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).
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.
6.5.1.2 Services Offered for Resale
A. The services offered under these terms and conditions are any
and all features, functions and capabilities that are
separately offered by the Telephone Company to end users under
the regulations, terms and conditions of D.P.U. Mass. No. 10,
except for public and semipublic telephone service, and in
accordance with the following limitations.
1. Services that are sold to 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.
2. Services in D.P.U. Mass. No. 10 that have been designated as
no longer available for new installations or no longer offered
are not
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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 D.P.U. Mass. No. 10.
3. Promotional program offerings (e.g., discounts, waivers,
credits, certificates, premiums, discounted product trials or
other inducements that would apply to a particular customer 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 6.5.1.3.
4. Directory Assistance Services are offered for resale but
when associated with Residence, Centrex and/or PBX services
they are not subject to the resale discount specified in
Section 6.5.1.3 due to Massachusetts E-9-1-1 funding.
B. Lifeline - The resale of Lifeline is permitted only 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 this tariff.
C. 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.
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 D.P.U. Mass. No. 10.
6.5.2 Regulations
6.5.2.1 Restrictions
A. Class of Customer - This is a restriction contained in D.P.U.
Mass. No. 10 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 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.
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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.
B. Aggregation of Usage - Regulations on limitations on
aggregation of traffic contained in D.P.U. Mass. No. 10 are
applicable.
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 D.P.U.
Mass. No. 10. The Telephone Company will discount the D.P.U.
Mass. No. 10 rates and charges by applying the resale discounts
specified in Section 6.10 of these terms and conditions to
the applicable D.P.U. Mass. No. 10 rates and charges for resold
services offered under these terms and conditions in accordance
with Section 6.5.1.2.
1. Public Access Line service purchased for use by the reseller
or any of its affiliates who are independent payphone providers
is not subject to the wholesale discount and therefore retail
rates apply. In all other cases Public Access Line service is
available for resale at wholesale discounted rates.
6.5.3.2 Service Establishment
A. Service establishment charges apply to recover the
establishment costs for electronic interfaces and other support
systems.
6.5.3.3 Service Charges and Other Nonrecurring Charges
A. Service charges and other nonrecurring charges apply to recover
the establishment costs for electronic interfaces and other
support systems.
6.5.3.4 Monthly Rates
A. Other monthly rates apply to recover the ongoing costs to
maintain the service center for resellers and the automated
order interface systems.
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6.5.3.5 Customer Specific Pricing (CSP)
A. Services that the Telephone Company provides to its end users
on a customer specific basis under D.P.U. Mass. No. 12 will be
made available for resale, and upon request of the reseller,
the Telephone Company shall determine for the customer specific
service configuration that is the subject of the request
wholesale rates that reflect NYNEX's avoided costs associated
with customer specific arrangement.
6.6 RESERVED FOR FUTURE USE
6.7 RESERVED FOR FUTURE USE
6.8 OPTIONAL 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 intraLATA call usage
detail and is provided via transmission or tape/cartridge.
B. Local Call Usage Detail-Provided as complete call detail.
1. Complete Call Detail-Provided 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.
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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 tariff provisions
relating to alphabetical listings and to directory assistance
as specified in D.P.U. Mass. No. 10. Such listings will not be
provided for any lines for which the reseller purchases
nonpublished and nonlisted number service. Additional listing
will be provided under the terms and conditions set forth in
D.P.U. Mass. No. 10.
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 customer.
6.8.4 Enhanced Universal Emergency Number Service E-9-1-1
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6.8.4.1 Description
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
6.8.5.1 Description
A. Resellers are entitled to use the services provided by the
Telephone Company's annoyance call bureau.
6.9 RESERVED FOR FUTURE USE
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MASSACHUSETTS RESALE AGREEMENT
SECTION 6
6.10 RATES AND CHARGES
6.10.1 Terms and Conditions Information
There are no rates and charges contained in this section.
6.10.2 General Regulations
There are no rates and charges contained in this section.
6.10.3 Ordering of Service
There are no rates and charges contained in this section.
6.10.4 Issuance, Payment and Crediting of Reseller Bills
There are no rates and charges contained in this section.
6.10.5 Resale
Note: Discounts and rates are subject to "true-ups" as determined by
the Massachusetts DPU.
6.10.5.1 DISCOUNTS TO UNDERLYING SERVICES
ID SERVICE CATEGORY RATE ELEMENT RATE
A. With Xxxx Atlantic Discounted Services 24.99%
Operator Provided
Handling and Directory
Assistance Provided
B. Without Xxxx Atlantic Discounted Services 29.47%
Operator Provided
Handling and Directory
Assistance Provided
6.10.5.2 SERVICE ESTABLISHMENT AND MAINTENANCE CHARGES
ID SERVICE CATEGORY RATE ELEMENT RATE
NRC Per OSS Transaction $ 1.19
Recurring Monthly-Per Reseller $2557.00
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6.10.5.3 OTHER NONRECURRING CHARGES
ID SERVICE CATEGORY RATE ELEMENT RATE
Complex Order NRC - Per Centrex Line Ordered $16.27
Service Center Monthly - Per resold line .21
6.10.6 Reserved for Future Use
There are no rates and charges contained in this section.
6.10.7 Reserved for Future Use
There are no rates and charges contained in this section.
6.10.8 Optional Services
Note: Rates are subject to "true-ups" as determined by the Massachusetts
DPU.
6.10.8.1 CALL USAGE DETAIL
ID SERVICE CATEGORY RATE ELEMENT RATE
Record Processing Per Record Processed $ O.004085
Data Transmission Per Record Transmitted $ 0.000118
Tape or Cartridge Per Tape or Cartridge $ 20.12
6.10.8.2 ELECTRONIC CUSTOMER SERVICE RECORD RETRIEVAL
ID SERVICE CATEGORY RATE ELEMENT RATE
Electronic Customer
Service Record Per Customer Record $0.12
Retrieval
6.10.8.3 OPERATOR AND DIRECTORY SERVICES
ID SERVICE CATEGORY RATE ELEMENT RATE
Customized Routing Service Establishment - Per rerouting request ICB
Service Establishment - Per central office ICB
switch equipped
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6.10.8.3 OPERATOR AND DIRECTORY SERVICES
Per Rerouted Subscriber Line - Per month TBD
Announcement Service Establishment - Per reseller TBD
Services request for unbranded service
Service Establishment - Per reseller TBD
request for branded service
Branded Service - Surcharge - Per call .050629
6.10.8.4 ENHANCED UNIVERSAL EMERGENCY NUMBER SERVICE E911
ID SERVICE CATEGORY RATE ELEMENT RATE
E911 .61
Monthly - Per resold telephone number
included in the E911 database
6.10.9 Reserved for Future Use
There are no rates and charges contained in this section.
