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 - Maine 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 Maine;
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 Maine 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 Maine Public Utility Commission
("Commission") 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.
C. Each Party agrees to fully support approval of the Agreement
by the Commission without modification. The Parties, however,
reserve the right to seek regulatory relief and otherwise seek
redress from each other
1
regarding performance and implementation of this Agreement. In
the event the Commission 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 Commission 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
Commission. If the Commission 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 Commission.
However, if the Commission 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
Commission will apply to the services provided under this
Agreement as of the date of the MPUC 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 Maine Public Utilities
Commission. Subsequent to Maine Commission 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 Maine Commission to review
and approve said charge, measured from Customer's commencement
of operations.
4. PROMOTIONAL MATERIAL
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
2
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 Maine, 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
3
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.
4
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,
5
publicity matters or other promotional materials without such Party's
prior written consent.
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. 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
6
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.
7
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 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 - MAINE
BY: /s/ Xxxxxxx X. Xxxxxxx
--------------------------------------------------
Xxxxxxx X. Xxxxxxx
--------------------------------------------------
Name (Printed)
TITLE: Vice President-Telecom Industry Services
-------------------------------------------------
DATE: 8/17/99
--------------------------------------------------
8
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 SCHEDULES
(A) Whenever reference is made in these terms and conditions to
schedules of the Telephone Company, the reference is to the
schedules 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 schedules of the Telephone Company which
may be referenced.
6.1.2.2 TRADEMARKS AND SERVICE MARKS
(A) Refer to MEPUC No. 15.
6.1.3 TERMS AND CONDITIONS TERMINOLOGY
Unless otherwise defined herein, terminology contained within these
terms and conditions are as defined in MEPUC No. 15.
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 MEPUC No. 15 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 Maine, which subscribes to the telecommunications
services offered under these terms and conditions.
TELEPHONE COMPANY - The New England Telephone and Telegraph Company.
9
6.2 GENERAL REGULATIONS
In addition to the general regulations contained herein, the general
regulations specified in MEPUC No. 15 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 State of Maine 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 schedules 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 schedules will
do so through traditional retail channels, and will be billed
accordingly.
(C) In addition to the responsibilities and obligations specified in MEPUC
No. 15, the reseller must conform to any applicable rules and
regulations set forth by the Public Utilities Commission.
(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 schedule 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.
10
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.
11
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
MEPUC No. 15.
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 Utilities Commission or
other applicable law.
12
6.2 GENERAL REGULATIONS (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.
13
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.
14
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 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 State of Maine.
(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.
15
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 resellers
use of the interface.
16
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.
(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. ORDERING OF SERVICE (CONT'D)
17
6.3.1 ORDERS FOR RESOLD SERVICE (CONT'D)
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 Commission 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.
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 MEPUC
No.15.
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 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.
18
6.3. ORDERING OF SERVICE (CONT'D)
6.3.2 RESPONSIBILITY OF THE TELEPHONE COMPANY (CONT'D)
6.3.2.1 REFUSAL AND DISCONTINUANCE OF SERVICE (CONT'D)
(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
Commission in writing of the reseller's failure to pay
amount(s) when due under these terms and conditions and the
reseller shall have failed to make such payment within thirty
(30) days of the giving by the Telephone Company of such
notice.
(2) The Telephone Company shall provide a second notice of
non-payment (the "Second Notice") in writing to the reseller
and the Commission 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
Commission of the Second Notice, the Commission 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
Commission 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 it believes in good faith were billed in
error 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.
19
6.3. ORDERING OF SERVICE (CONT'D)
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 MEPUC 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 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 MEPUC No.
15 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.
20
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 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.
21
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 rate of interest on reseller late payment penalties
shall be set by the MEPUC in accordance with Chapter 870 of
the MEPUC Rules and Regulations, 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
twenty-five (25) days from the date the xxxx is mailed.
(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.
22
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.
(F) In the case of a cash deposit, for the period the deposit is
held by the Telephone Company, the reseller will receive
interest. The rate of interest on reseller deposits shall be
set by the MEPUC in accordance with Chapter 870 of the MEPUC
Rules and Regulations. 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.
(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 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.
24
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)
(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 rate of interest on reseller late payment penalties
shall be set by the MEPUC in accordance with Chapter 870 of
the MEPUC Rules and Regulations, or
(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) Where credit adjustments apply, 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.
25
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. Telephone Company practices
applicable to the imposition of charges for Information
Provider services, where the Telephone Company bills and
collects for the relevant Information Provider, will apply to
resellers to the same extent as they apply to the Telephone
Company's end users.
26
6.5 RESALE PROVISIONS (CONT'D)
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 MEPUC No. 15,
except for public telephone service, and in accordance with
the following limitations:
(1) Service 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 MEPUC No. 15 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 MEPUC No. 15.
(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) Lifeline may only be resold to Lifeline eligible end users.
The reseller is responsible for confirming the eligibility of
such end users for Lifeline. In addition, the reseller must
perform the Annual Deletion Process as required by the MEPUC.
(1) The Telephone Company (to the extent that 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.
(C) 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 MEPUC No. 15.
6.5.2 REGULATIONS
6.5.2.1 RESTRICTIONS
(A) CLASS OF CUSTOMER - This is a restriction contained in MEPUC
No. 15 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.
27
6.5 RESALE PROVISIONS (CONT'D)
6.5.2 REGULATIONS (CONT'D)
6.5.2.1 RESTRICTIONS (CONT'D)
(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.
(B) Volume Discounts -The reseller may receive a volume discount
when its end users would have qualified for a volume discount
under the provisions contained in MEPUC No. 15.
(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 MEPUC
No. 15. The Telephone Company will discount the MEPUC No. 15
rates and charges by applying the resale discounts specified
in Section 6.10.5.3.1 of these terms and conditions to the
applicable MEPUC No. 15 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 MEPUC No. 15, Part A, Sections 5.1, 5.2 and 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).
(1) Public Access Line service and Public Access Smart Line
service purchased for use by the reseller or any of its
affiliates who are independent payphone providers are not
subject to the wholesale discount and therefore, retail rates
apply. In all other cases, Public Access Line service and
Public Access Smart Line service are available for resale at
the wholesale discounted rates.
(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 Commission.
6.5 RESALE PROVISIONS (CONT'D)
28
6.5.3 APPLICATION OF RATES AND CHARGES (CONT'D)
6.5.3.2 SERVICE ESTABLISHMENT
Service establishment charges apply to recover the
establishment costs for electronic interfaces and other
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
Services that the Telephone Company provides to end users on a
customer specific special contract basis under MEPUC No. 15
will be made available for resale.
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.
29
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:
(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 Maine, 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 Maine
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 Maine, 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 Maine and charged to an out-of-region (as defined in the CATS
industry process) customer of a TC, 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 Maine 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 Maine, 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 to the reseller via the daily usage feed
charging a record transmission fee. The Telephone Company shall xxxx
the reseller for such
6.6 ALTERNATELY BILLED CALLS (CONT'D)
30
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 intraLATA toll
service. Call usage data is offered as intraLATA call usage
detail and is provided via transmission or tape/cartridge.
(B) IntraLATA Toll 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 MEPUC No.15. 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 MEPUC No.15.
(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) If and when available, the Telephone Company will include the
reseller's telephone exchange service customers in the
relevant E-9-1-1 database(s).
(B) The Telephone Company will xxxx the reseller the E-9-1-1
surcharge, as ordered by the Commission. The E-9-1-1 surcharge
is not subject to the resale discount.
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 SERVICE
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 Resellers, 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, after January 1, 1998, 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.
33
6.9 RESERVED FOR FUTURE USE
34
MAINE RESALE AGREEMENT
SECTION 6.10
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 23.76%
services except
those in
6.10.5.3.1(B)
---------------------------- --------------
Residence Services 19.80%
------- -------------------------- ---------------------------- --------------
B. Discounts only for Business Services 25.74%
services specified in
MEPUC No. 15,
Part A, Sections 5.1
---------------------------- --------------
5.2 and 5.4 and the Residence Services 23.03%
exchange line
portion of services
in Part H where the
reseller provides
OSDA
------- -------------------------- ---------------------------- --------------
1
6.10.5.3.2 Service Establishment Charges
--------------------------------------------------------------------------------
ID Service Category Rate Element Rate
------- ---------------------- --------------------------------------- ---------
Recurring Monthly charge per reseller during $2606.00
Establishment the 5 year recovery period
Charge*
------- ---------------------- --------------------------------------- ---------
Non-Recurring Per OSS transaction during 7 yr. $ 1.25
Establishment period for recovery of development
Charges costs (included development and
ongoing costs)
------- ---------------------- --------------------------------------- ---------
*This charge provides for NYNEX region-wide access to the OSS platform.
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 $ 0.41
Maintenance development costs are fully
Charge recovered (includes only ongoing
costs)
----- ----------------------- ----------------------------------- ----------
Complex Order Per Centrex line ordered $16.27
Charge
----- ----------------------- ----------------------------------- ----------
2
6.10.8 Optional Services
6.10.8.1 Call Usage Detail
-------------------------------------------------------------------------
ID Service Category Rate Element Rate
-------- -------------------- -------------------------- -------------
Record Processing Per Record Processed $ 0.004096
-------- -------------------- -------------------------- -------------
Data Transmission Per Record Transmitted $ 0.000118
-------- -------------------- -------------------------- -------------
Tape or Cartridge Per Tape or Cartridge $ 20.12
-------- -------------------- -------------------------- -------------
6.10.8.2 Electronic Customer Serivce 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 $ 0.064471
Announcement
Charge
-------- --------------------- ------------------------------ -------------
3
XXXXXXXX 0, XXXXXXXXXX 5
Qualified Business Lines for Volume Commitment
MAINE
------------------------------------------------------------------------------------------------------------------------------------
ACCESS LINES
------------------------------------------------------------------------------------------------------------------------------------
Unlimited Service (Premium) 1FB 1LB
------------------------------------------------------------------------------------------------------------------------------------
Unlimited Service (Economy) 1EF ADO
------------------------------------------------------------------------------------------------------------------------------------
Direct Inward Dial Trunks ND8 NDT
------------------------------------------------------------------------------------------------------------------------------------
PBX Trunks XMB XMB
------------------------------------------------------------------------------------------------------------------------------------
PBX Digital trunks T2DMX T4DOX
-----------------------------------------------------------------
T2DOX TDYMX
-----------------------------------------------------------------
T4DMX TDYOX
------------------------------------------------------------------------------------------------------------------------------------
PBX Analog trunks XX0 XX0 TBPCX TM7
-----------------------------------------------------------------
T1V TGJTM TCX TM9
-----------------------------------------------------------------
T2DIX 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
-----------------------------------------------------------------
T5O 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
------------------------------------------------------------------------------------------------------------------------------------
Unlimited -DMSIOO E6EJX
------------------------------------------------------------------------------------------------------------------------------------
Unlimited - 5ESS E6EUX
------------------------------------------------------------------------------------------------------------------------------------
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 R46
Restricted
------------------------------------------------------------------------------------------------------------------------------------
PAGE 1 OF 1
APPENDIX 1, ATTACHMENT 6
PRODUCTS AND SERVICES ELIGIBLE FOR VTD DISCOUNT
Maine
------------------------------------------------------------------------------------------------------------------------------------
ACCESS LINES
------------------------------------------------------------------------------------------------------------------------------------
Measured Business Service 1EF ADQ
------------------------------------------------------------------------------------------------------------------------------------
Flat Business Service 1FB 1LB
------------------------------------------------------------------------------------------------------------------------------------
Direct Inward Dial Trunks ND8 NDT
------------------------------------------------------------------------------------------------------------------------------------
PBX Trunks XMB XMB
------------------------------------------------------------------------------------------------------------------------------------
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 TDYIX 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 TFIR TW6
------------------------------------------------------------------
T5N TKO TFT TYD
------------------------------------------------------------------
T5O 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 OFL
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 & US
Speed Calling 30
------------------------------------------------------------------------------------------------------------------------------------
Call Waiting 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 EZQ
Calling 30
------------------------------------------------------------------------------------------------------------------------------------
Call Waiting, Call Forwarding, Three Way Calling & Speed ES5
Calling 30
------------------------------------------------------------------------------------------------------------------------------------
PAGE 1 OF 2
----------------------------------------------------------------------------
Call Waiting, Call Forwarding, Three Way Calling & Speed ES3
Calling 8
----------------------------------------------------------------------------
Call Waiting, Call Forwarding, Three Way Calling, Speed EZT
Calling 8 & Speed Calling 30
----------------------------------------------------------------------------
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 & EZR
Speed Calling 30
----------------------------------------------------------------------------
Speed Calling 30 E3D
----------------------------------------------------------------------------
Speed Calling 8 E8C
----------------------------------------------------------------------------
Three Way Calling ESC
----------------------------------------------------------------------------
Three Way Calling, Speed Calling 8 & Speed Calling 30 EZP
----------------------------------------------------------------------------
Call Forwarding 11 CFZ
----------
E5E
----------
GCZ
----------------------------------------------------------------------------
PHONE SMART SERVICES
#MUST BE ASSOCIATED WITH A RESOLD VTD QUALIFIED BUSINESS LINE
----------------------------------------------------------------------------
*69 NSS
----------------------------------------------------------------------------
*69 (Per Activation Charge)
----------------------------------------------------------------------------
*69 Denial HBS
----------------------------------------------------------------------------
Call Trace Denial HBG
----------------------------------------------------------------------------
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
----------------------------------------------------------------------------
Page 2 of 2
