Exhibit 10.15
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 - Massachusetts and Wholesale Telecom &
Electric Corporation ("Customer").
WHEREAS, the Company will offer local exchange services ("Service(s)")
for resale;
WHEREAS, the Customer is a reseller operating in the Commonwealth of
Massachusetts,;
WHEREAS, the Company and the Customer have negotiated in good faith for
the resale of such Services pursuant to and consistent with the
Telecommunications Act of 1996.
NOW, THEREFORE, in consideration of the mutual obligations set forth
herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Company and the Customer agree
as follows:
1. RESALE ARRANGEMENT
The Company will offer telecommunications services it provides at
retail to end users in the Commonwealth of Massachusetts for resale by the
Customer in accordance with the attached Terms and Conditions -- Resale
Services ("Terms and Conditions") contained in Attachment A. Attachment A is
incorporated herein as an integral and necessary part of the parties agreement.
Whenever reference is made herein to the Agreement, the reference includes
Attachment A.
2. TERM OF AGREEMENT
A. The Company will file the Agreement promptly following its execution
with the Department for approval pursuant to section 252 of the
Telecommunications Act of 1996. The Agreement will be effective in
accordance with the Department's order or decision which approves the
Agreement.
B. Upon execution of the Agreement by both parties, the Company and
Customer shall endeavor to jointly develop an implementation plan for
the services that Customer will resell.
C. Each Party agrees to fully support approval of the Agreement by
the Department without modification. The Parties, however, reserve
the right to seek regulatory relief and otherwise seek redress
from each other regarding performance and implementation of this
Agreement. In the event the Department rejects this
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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 a either
Party based on any significant change in Federal Communications
Commission or Department rules which may impact the provision of
service under this Agreement or the rights and obligations of the
Parties under the Act. Either Party may terminate this Agreement
with 90 days written notice to the other Party.
3. CHARGES
The Customer shall pay the Company the charges contained in
Attachment A. The Parties understand that the charges contained in
Attachment A are interim charges subject to revision by the
Department. If the Department issues any decision or order which
approves for any telecommunications carrier different charges for
any of the services contained in Attachment A within six months
following the effective date of this Agreement, the Parties will
true-up the charges paid under this Agreement retroactive to the
effective date of the Agreement based upon the decision or order of
the Department. However, if the Department does not issue such a
decision or order within six months, the Parties agree that there
will be no true-up, and any new charges approved thereafter by the
Department will apply to the services provided under this Agreement
as of the date of the Department order or decision.
4. PROMOTIONAL MATERIAL
The Company shall provide the Customer with a reasonable amount
of information related to the use of the services it will resell for
Customer's use in its marketing and product materials. The Company, in
consultation with Customer, shall determine the type, quantity, and
availability of the information to be provided to Customer. The Company
shall also make available to Customer's personnel basic training related
to the use and operation of the services. The Company shall reasonably
determine the timing and content of such training. Such training and
promotional material shall be provided to the Customer only and the
Company is under no obligation to provide any training or promotional
material to any other person or entity the Customer may engage in the
sale, provision, or use of the Services.
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5. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with
the laws of the Commonwealth of Massachusetts, except a provision of law
which would refer any issue to another jurisdiction.
6. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties
with respect to the subject matter hereof and supersedes all prior
understandings, oral or written representations, statements,
negotiations, proposals and undertakings in oral written form.
7. AMENDMENTS AND WAIVERS
A. This Agreement may be amended or additional provisions may be
added by written agreement signed by or on behalf of both parties.
No amendment or waiver of any provisions of this Agreement, and no
consent to any default under this Agreement, shall be effective
unless the same shall be in writing and signed by a duly authorized
representative on behalf of the party against whom such amendment,
waiver or consent is claimed, except as otherwise provided in this
Agreement preceding. In addition, no course of dealing or failure
of any party to enforce strictly any term, right or condition of
this Agreement shall be construed as a waiver of such term, right
or condition.
B Either party's failure at any time to enforce any of the
provisions of this Agreement or any right with respect thereto, or
to exercise any option herein provided, will in no way be construed
to be a waiver of such provisions, rights, or options or in any way
to affect the validity of this Agreement. The exercise by either
party of any rights or options under the terms herein shall not
preclude or prejudice the exercise thereafter of the same or other
rights under this Agreement.
8. ASSIGNMENT
Neither party may assign or transfer (whether by operation of law
or otherwise) this Agreement (or any rights or obligations hereunder)
to a third party without the prior written consent of the other party
which consent shall not be unreasonably withheld; provided, however,
each party may assign this Agreement to a corporate affiliate or an
entity under its common control or an entity acquiring all or
substantially all of its assets or equity by providing prior written
notice to the other party of such assignment or transfer. Any attempted
assignment or transfer that is not permitted shall be void AB INITIO.
All obligations and duties of any party shall be binding on all
successors in interest and assigns of such party.
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9. NOTICE AND DEMAND
Except as otherwise provided under this Agreement, all notices,
demands, or requests which may be given by any party to the other party
shall be in writing and shall be deemed to have been duly given on the
date delivered in person or deposited, postage prepaid, in the United
States Mail via Certified Mail or nationally recognized overnight
carrier, return receipt requested, and addressed as follows:
TO CUSTOMER: Wholesale Telecom & Electric Corporation
000 Xxxxxx Xxxxxx, Xxxxx X0
Xxxxxx, XX 00000
ATTN: Xxxxx Xxxxxxx, President
TEL: (000) 000-0000
FAX: (000) 000-0000
TO COMPANY: Account Manager - Resale Services
000 Xxxxxxxxxxxx Xxxx
0xx xxxxx
Xxxxx Xxxxxx, XX 00000
cc: NYNEX Corporation
General Counsel
1095 Avenue of the Xxxxxxxx
00xx xxxxx
Xxx Xxxx, XX 00000
If personal delivery is selected as the method of giving notice
under this Section, a receipt of such delivery shall be obtained. The
address to which such notices, demands, requests, elections or other
communications are to be given by either party may be changed by written
notice given by such party to the other party pursuant to this Section.
10. THIRD-PARTY BENEFICIARIES
This Agreement shall not provide any person not a party to this
Agreement with any remedy, claim, liability, reimbursement, claim of
action or other right in excess of those existing without reference to
this Agreement.
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
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such failure or delay is caused by acts of God, acts of civil or
military authority, government regulations, embargoes, epidemics, war,
terrorist acts, riots, insurrections, fires, explosions, earthquakes,
nuclear accidents, floods, strikes, power blackouts, volcanic action,
other major environmental disturbances, unusually severe weather
conditions, inability to secure products or services of other persons
or transportation facilities, or acts or omissions of transportation
common carriers or other causes beyond the control of the party
obligated to perform. If any force majeure condition occurs, the party
delayed or unable to perform shall give immediate notice to the other
Party and shall take all reasonable steps to correct the force majeure
condition. During the pendency of the force majeure, the duties of the
parties under this Agreement affected by the force majeure condition
shall be abated and shall resume without liability thereafter.
12. CONTINGENCY
Notwithstanding any other provision of this Agreement, this Agreement
is subject to change, modification, or cancellation as may be required
by a regulatory authority or court in the exercise of its lawful
jurisdiction.
13. COMPLIANCE
Each Party shall comply with all applicable federal, state, and local
laws, rules, and regulations applicable to its performance under this
Agreement.
14. NON-EXCLUSIVE AGREEMENT
This Agreement is non-exclusive. The Company reserves the right to
extend to others the services and rights provided for herein.
15. NON-PUBLICITY
Both the company and the customer agree that neither will use the
other's name without the written permission of the other in connection
with promotional, advertising or other marketing material.
16. SEVERABILITY
In the event any of the provisions of this Agreement are found
to be invalid by any administrative agency, arbitrator or court or
competent jurisdiction, the remaining provisions of this Agreement,
whether relating to similar or dissimilar subjects, shall nevertheless
be binding with the same effect as though the invalid provisions were
deleted, unless the result would be to substantially change the rights
or obligations of either party, in which event the parties shall seek to
negotiate in good faith revisions to the Agreement consistent with their
earlier intent. Failing further agreement, this Agreement shall
terminate and no party shall be liable to the other, except for
outstanding
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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
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.
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IN WITNESS WHEREOF, the parties have executed this Agreement.
NEW ENGLAND TELEPHONE AND WHOLESALE TELECOM & ELECTRIC
TELEGRAPH COMPANY d/b/a BELL CORPORATION
ATLANTIC MASSACHUSETTS
By: /s/ [ILLEGIBLE] By: /s/ Xxxxx Xxxxxxx
------------------------------ ------------------------------
Title: PRESIDENT - [ILLEGIBLE] Title: President
--------------------------- ---------------------------
Date: 2/23/98 Date: 1/18/98
---------------------------- ----------------------------
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6.1 TERMS AND CONDITIONS INFORMATION
6.1.1 General
6.1.1.1 Terms and Conditions Structure
A. The terms and conditions are divided into sections which
are structured numerically, (e.g., Section 6.1, 6.2, 6.3
etc.).
6.1.2 Referencing
6.1.2.1 Reference to Terms and Conditions
A. Whenever reference is made in these terms and conditions to
tariffs of the Telephone Company, the reference is to the
tariffs in force as of the effective date of these terms and
conditions, and to amendments thereto and successive issues
thereof. The regulations, rates and charges contained herein
are in addition to the applicable regulations, rates and
charges specified in tariffs of the Telephone Company which
may be referenced. To the extent that sections of referenced
tariffs violate the Telecommunications Act of 1996 or other
FCC regulations, they are void and not applicable under these
terms and conditions.
B. Upon completion of the investigation of these generally
available terms and conditions, the Telephone Company will, in
compliance with the Department's Order, file resale tariffs,
which when approved by the Department, will supersede these
terms and conditions.
6.1.2.2 Trademarks and Service Marks
A. Refer to D.P.U. Mass. No. 10.
6.1.3 Terms and Conditions Terminology
Unless otherwise defined herein, terminology contained within
these terms and conditions are as defined in D.P.U. Mass. No. 10.
6.1.3.1 Definitions
END USER - Any person purchasing service for their own use
rather than for sale to another person, party or entity etc.
PREMISES - This term as defined in D.P.U. Mass. No. 10 is a
reference to the premises at which the service is provided, and
not a reference to the reseller's premises.
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RESALE - The sale to another person of telecommunications
services purchased from the Telephone Company. A person purchases
for resale when such a person purchases a service for the purpose
of reselling it to another (rather than the purpose of using the
service itself).
RESELLER/CUSTOMER - Any individual, partnership, association,
joint stock company, trust, corporation, governmental entity or
other entity which subscribes to the telecommunications services
offered under these terms and conditions.
TELEPHONE COMPANY - The New England Telephone and Telegraph
Company.
6.2 GENERAL REGULATIONS
In addition to the general regulations contained herein, the general
regulations specified in D.P.U. Mass. No. 10 also apply.
6.2.1 Application of Terms and Conditions
6.2.1.1 Scope
A. Regulations, rates and charges in these terms and
conditions apply to the offering of Telephone Company
telecommunications services for resale.
B. Only a carrier authorized by law to resell
telecommunications services in the Commonwealth of
Massachusetts may purchase under these terms and
conditions. These terms and conditions are not intended to
enlarge, restrict, or otherwise affect any provision of
law relating to the authority to resell telecommunications
services.
1. Resellers do not surrender any right to purchase from
any of the Telephone Company's intrastate tariffs by
purchasing from these terms and conditions. However, the
discounts contained herein will apply only to purchases
from these terms and conditions. Resellers purchasing
services from the Telephone Company's intrastate tariffs
will do so through traditional retail channels.
C. In addition to the responsibilities and obligations
specified in D.P.U. Mass No. 10, the reseller must conform
to any applicable rules and regulations set forth by the
Department of Public Utilities.
D. The resale of telecommunications services and the
provision thereof by the Telephone Company as set forth in
these terms and conditions does not constitute a joint
undertaking nor does it constitute an agency, contractual
or any other type of relationship between the reseller and
the Telephone Company (other than that of purchaser and
seller) or between the Telephone Company and the
reseller's end user.
E. A reseller ordering a resold service under these terms and
conditions has all of the obligations that would be
imposed under the applicable Telephone Company tariff upon
an end user who orders the service 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
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under these terms and conditions is to be determined in
accordance with rates and charges specified in these terms
and conditions.
6.2.2 Responsibility of the Telephone Company
6.2.2.1 Provision of Service
A. The Telephone Company's obligation to furnish service, or
to continue to' furnish service, is dependent on its
ability to obtain without charge, danger or undue
difficulty access to the premises where the service is to
be provided.
1. Should a reseller's end user request that a Telephone
Company technician prove his/her identity as an employee
of the Telephone Company before the end user will permit
access to their premises, the technician's Telephone
Company identification badge or the NYNEX registered
trademark/servicemark (logo) that is visibly displayed on
the technician's service vehicle will be evidence of such
proof. If the Telephone Company misses the scheduled
service appointment as a result of the reseller's end
user's refusal to permit access to the Telephone Company
technician, neither the reseller nor the reseller's end
user will be entitled to any waivers of charges for
missed service appointments that may be offered by the
Telephone Company under service guarantee programs that
are associated with the service being provided.
B. The Telephone Company reserves the right to refuse an
application for service made by, or for the benefit of, a
reseller who is indebted to the Telephone Company for
telephone service previously furnished.
1. In the event that service is connected for a reseller
who is indebted to the Telephone Company for service
previously furnished to such reseller, the Telephone
Company will notify the reseller in writing via Certified
U.S. Mail, that the service will be terminated by the
Telephone Company unless the reseller satisfies the
indebtedness within 10 days of the date of the reseller's
receipt of such notification.
C. The services offered under the provisions of these terms
and conditions are subject to the availability of
facilities, including switching capacity, and necessary
operational support systems.
1. If existing facilities will not enable the Telephone
Company to meet all outstanding service orders, such
orders will be handled in accordance with reasonable
priority rules that do not discriminate between resellers
purchasing under these terms and conditions and end user
customers of the Telephone Company.
D. Resold services offered by the Telephone Company are at
least technically equivalent to the corresponding service
offerings that the Telephone Company provides to its own
end users provided that the reseller complies with the
regulations contained in these terms and conditions.
E. The Telephone Company will provide service (including the
installation and repair thereof) to resellers at standards
that meet the capabilities, functions and performance
standards available to Telephone Company similarly
situated end
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users providing that the reseller complies with the
regulations contained in these terms and conditions.
1. Telephone Company personnel dispatched to a reseller's
end user premises for purposes of installation or repair
will not accept requests for new or modified service
beyond that requested by the reseller.
6.2.2.2 Interruption of Service
A. Allowances for interruption of service are available to
resellers to the extent and under the same circumstances
as they would be available to Telephone Company end users
under D.P.U. Mass. No. 10.
6.2.3 Responsibility of the Reseller
6.2.3.1 Reseller Notification and Coordination
A. Unless otherwise specified herein, whenever customer
notification is required, the Telephone Company is
responsible for providing notice only to the reseller who
is the customer of record.
1. The reseller, and not the Telephone Company is
responsible for providing any notices, xxxx inserts or
other information as may be required to the reseller's end
users.
6.2.3.2 Liability
A. The reseller shall reimburse the Telephone Company for
damages to Telephone Company facilities utilized to
provide services under these terms and conditions caused
by negligence or willful act of the reseller or the
reseller's end user or resulting from the reseller's or
reseller's end user's improper use of the Telephone
Company facilities, or due to malfunction of any
facilities or equipment provided by other than the
Telephone Company. Nothing in the foregoing provision
shall be interpreted to hold one reseller liable for
another reseller's actions. The Telephone Company will,
upon reimbursement for damages, cooperate with the
reseller in prosecuting a claim against the person causing
such damage and the reseller shall be subrogated to the
right of recovery by the Telephone Company for the damages
to the extent of such payment.
B. With respect to claims of patent infringement made by
third persons, the reseller shall defend, indemnify,
protect and save harmless the Telephone Company from and
against all claims arising out of the combining with, or
use in connection with, the services provided under these
terms and conditions, any circuit, apparatus, system or
method provided by the reseller or reseller's end user.
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 /
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or unauthorized use of program material, libel and slander
actions based on the content of communications transmitted
over the reseller's circuits, facilities or equipment, and
proceedings to recover taxes, fines, or penalties for
failure of the reseller to obtain or maintain in effect
any necessary certificates, permits, licenses, or other
authority to acquire or operate the services provided
under these terms and conditions; provided, however, the
foregoing indemnification shall not apply to suits,
claims, and demands to recover damages for damage to
property, death or personal injury unless such suits,
claims or demands are based on the tortious conduct of the
reseller, its officers, agents or employees.
D. The reseller shall defend, indemnify and save harmless the
Telephone Company from and against any suits, claims,
losses or damages, including punitive damages, attorneys
fees and court costs by the customer or third parties
arising out of any act or omission of the reseller or the
reseller's end user in the course of using services
provided under these terms and conditions.
E. In case of damage, loss, theft or destruction of equipment
and facilities furnished by the Telephone Company due to
negligence or willful act of the reseller or the
reseller's end user or other persons authorized to use the
service, the reseller or reseller's end user may be
required to pay the expense incurred by the Telephone
Company to replace or restore the equipment and facilities
to its original condition.
F. The reseller assumes the responsibility for enforcement of
all tariff regulations and class of service restrictions
imposed for any particular service (e.g. prohibitions
against unlawful use, damage to Telephone Company
property, distinctions between residence and business) and
any liability arising from violations thereof.
6.2.3.3 Certifications and Proof of Exemptions
A. Upon reasonable request the reseller shall certify to the
Telephone Company in writing that the services the
reseller is purchasing under these terms and conditions
are being purchased for resale.
B. The reseller shall provide the Telephone Company with any
certificates or other documentation that may be required
under state law pertaining to tax exemptions.
6.2.3.4 References to the Telephone Company
A. The reseller may advise end users that certain services
are provided by the Telephone Company in connection with
the service the reseller furnishes to end users; however,
the reseller shall not state, imply or 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
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with resold service, or the Telephone Company serving
central office prefixes associated with such numbers, when
necessary in the conduct of business.
B. Should it become necessary to make a change in such
number(s), the Telephone Company will give the reseller
six months notice of the change(s), including an
explanation of the reason(s) for the change(s), by
Certified U.S. Mail.
1. In the case of emergency conditions, (e.g. a fire in a
wire center), it may be necessary to change a telephone
number without six months notice in order to provide
service to the reseller.
6.3 ORDERING OF SERVICE
6.3.1 Orders for Resold Services
6.3.1.1 General
A. The reseller shall supply all the information reasonably
necessary for the Telephone Company to provide and xxxx
for the requested service, to include the reseller's
customer in its directory listing service and to otherwise
fulfill its obligations under these terms and conditions
[e.g., customer name and premises location, configuration of
service, and facility interface].
1. The reseller is responsible to submit complete and
accurate orders. Failure to do so may result in service
discrepancies for which the Telephone Company will not be
responsible.
B. If the reseller assumes the account of an existing
Telephone Company end user at the end user's existing
premises, the order must identify the end user's billing
telephone number and line(s) and indicate that the end
user's existing service (or any specified modification to
and/or cancellation of the existing service) is to be
transferred to the reseller.
1. Authorization to Assume an Account - A reseller placing
an order under which it will assume the account of an
existing Telephone Company end user customer, or the
account of an existing end user customer of another
reseller, must obtain appropriate authorization from that
end user for the change of service provider. The reseller
must verify and confirm that authorization is in
accordance with the laws and provisions that govern such
matters as established or may be established in the
Commonwealth of Massachusetts.
C. Resellers may not order services in a particular building
or other location where a reseller has not yet obtained
end user customers at the time that the reseller's order
is placed with the Telephone Company.
D. Resellers may not order service in a particular building
or other location when doing so would preclude or delay
other potential providers from offering services in that
particular building or other location.
E. Resellers may not order service under these terms and
conditions without a reasonable basis for believing that
such services will actually be needed by the reseller to
meet anticipated demand.
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F. The Telephone Company will not process any orders,
complaints or other requests received from the reseller's
end user.
G. Primary Interchange 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.
D. If the Telephone Company determines or suspects that abuse
or fraudulent use of the interface has occurred, the
Telephone Company will, as required by law, refer the
matter to the appropriate law enforcement agency.
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6.3.1.3 Disclosure of Reseller Information
A. Telephone Company personnel primarily involved in the
marketing of services to end user customers or other
resellers will not have access to order information
provided by the reseller to the Telephone Company except
under the following situations.
1. The Telephone Company will disclose to any local
exchange carrier the fact that a given end user who was
previously a customer of such carrier is no longer one of
the carriers customers.
2. In order for the Telephone Company to be able to
conduct its business, the Telephone Company will access
service information in order to aggregate data relating to
its sale of resold services to resellers.
3. Where a reseller's customer consents to and authorizes
the disclosure of information related to the customer's
order, the Telephone Company may disclose such data to
Telephone Company retail marketing personnel or to other
resellers.
4. If a Telephone Company end user subsequently becomes an
end user of a reseller, the Telephone Company will,
without the consent and authorization of the end user
customer, provide the reseller with all information
necessary to enable it to assume the end users account
including the customer's service configuration and billing
name and address.
5. The Telephone Company will disclose, without the
consent and authorization of the reseller's end user
customer, information pursuant to industry-wide
arrangements for the exchange of information on end users
credit histories, consistent with applicable legal
requirements.
B. Section 6.3.1.3A shall not prohibit attempts to sell
Telephone Company telecommunications services by Telephone
Company employees who have access to information relating
to specific orders placed by resellers under these terms
and conditions, so long as:
1. The employee spends a de-minimus amount of his or her
time involved in the marketing of Telephone Company
telecommunications services, and
2. The employee does not utilize the reseller information
in such sales.
C. In the case of a reseller's end user who requests a change
from their present reseller to the Telephone Company or to
another reseller, the Telephone Company will disclose the
information necessary to enable the Telephone Company or
other resellers to assume the account. Such information
includes the customer's service configuration, billing name
and address.
D. The Telephone Company will disclose the identity of the
reseller providing service to an end user for the purposes
of Telephone Company marketing personnel who are
responding to a question from an end user about the
identity of their service provider.
6.3.1.4 Evidence of End User Consent and Authorization
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A. Where the Telephone Company identifies that end user
consent is required for the disclosure of information, the
Telephone Company will obtain consent and authorization in
writing from the end user.
6.3.1.5 Additional Engineering and Special Construction
A. Additional charges will be applied to an order for service
when the Telephone Company determines additional
engineering or special construction is necessary to
accommodate a reseller request.
1. When it is required, the reseller will be so notified
and will be furnished with a written statement setting
forth the justification for the additional engineering
and/or special construction as well as an estimate of the
charges in conjunction with the terms and conditions
specified in D.P.U. Mass. No. 10.
6.3.2 Responsibility of the Telephone Company
6.3.2.1 Refusal and Discontinuance of Service
A. If the reseller fails to comply with the rules and
regulations of these terms and conditions, including any
payments to be made by it on the dates and times herein
specified, the Telephone Company may, on 30 days written
notice by Certified U.S. Mail to the reseller refuse
additional applications for service and/or refuse to
complete any pending orders for service at any time
thereafter. If the Telephone Company does not refuse
additional applications for service on the date specified
in the 30 days notice, and the reseller's noncompliance
continues, nothing contained herein shall preclude the
Telephone Company from refusing additional applications
for service without further notice.
B. If the reseller fails to comply with the rules and
regulations of these terms and conditions, including any
payments to be made by it on the dates and times herein
specified, the Telephone Company may, on 30 days written
notice by Certified U.S. Mail to the reseller, discontinue
the provision of the services involved at any time
thereafter. In the case of such discontinuance, all
applicable charges, including termination charges, shall
become due. If the Telephone Company does not discontinue
the provision of the services involved on the date
specified in the 30 days notice, and the reseller's
noncompliance continues, nothing contained herein shall
preclude the Telephone Company from discontinuing the
provision of the services involved without further notice.
6.3.3 Responsibility of the Reseller
6.3.3.1 Point of Contact for End Users
A. The reseller shall serve as the single point of contact
for its customers on such matters as billing, requests for
new service, requests for the modification or
discontinuance of existing services, service trouble
reports, repair requests, complaints. etc. The reseller
shall be obligated to transmit such requests or
16
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 customers, 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 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 transferred to the
Telephone Company. 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.
(a). Should the end user's service be transferred to the
Telephone Company, the Telephone Company will provide
service to the end users at D.P.U. Mass. No. 10 rates, and
not the rates specified in these terms and conditions.
Where the end user does not elect a specific carrier
within the 15 day period, and as a result is transferred
to the Telephone Company, the reseller shall pay the
relevant charges associated with the change.
B. The reseller must provide the Telephone Company with any
information necessary to enable the Telephone Company to
assume the end users' accounts, including the end users'
service configurations and billing names and addresses.
6.4 ISSUANCE, PAYMENT AND CREDITING OF RESELLER BILLS
6.4.1 Responsibility of the Telephone Company
6.4.1.1 General
A. The Telephone Company bills only the reseller who is
considered the customer of record who is at all times
responsible for payment of the full amount of all charges
incurred.
1. The reseller as customer of record is responsible for
any allocation of end user charges for resold service.
17
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
non-usage charges for prior periods and any known unbilled
adjustments will be applied to this xxxx.
6.4.1.4 Late Payment Penalty
A. If any portion of the payment is received by the Telephone
Company after the payment date (refer to Section 6.4.1.5),
or if any portion of the payment is received by the
Telephone Company in funds which are not immediately
available to the Telephone Company, then a late payment
penalty shall be due to the Telephone Company.
B. The late payment penalty shall be the portion of the
payment not received by the payment date times a late
factor. The late factor shall be the lesser of the
following.
1. The highest interest rate (in decimal value) which may
be levied by law for commercial transactions for the
number of days from the payment date to and including the
date that the reseller actually makes the payment to the
Telephone Company, or
2. The rate of 0.0005 per day for the number of days from
the payment date to and including the date that the
reseller actually makes the payment to the Telephone
Company.
6.4.1.5 Payment Date
A. The payment date of bills rendered to resellers for service
provided under these terms and conditions is as follows.
1. All bills rendered as set forth in this section are due
31 days after the xxxx xxx or by the next xxxx date,
whichever is the shortest interval.
18
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.
C. The fact that a deposit has been made in no way relieves
the reseller from complying with the Telephone Company's
regulations as to the prompt payment of bills.
D. At such time as the provision of the service to the
reseller is terminated, the amount of the deposit will be
credited to the reseller's account and any credit balance
which may remain will be refunded.
E. At the option of the Telephone Company, such a deposit
will be refunded or credited to the reseller's account
when the reseller has established credit or after the
reseller has established a one year prompt payment record
at any time prior to the termination of the provision of
the service to the reseller.
F. In the case of a cash deposit, the reseller will receive
interest as set forth in Section 6.4.1.4 for the period
the deposit is held by the Telephone Company. Interest
will accrue for the number of days from the date the
reseller deposit is received by the Telephone Company to
and including the date such deposit is credited to the
reseller's account or the date the deposit is refunded by
the Telephone Company.
19
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.
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.
20
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.
1. The late payment penalty credit shall be the disputed
amount resolved in the reseller's favor times a late payment
penalty factor (refer to Section 6.4.1.4) for the period
starting with the date of dispute and ending on the date of
payment of the disputed amount or the date of resolution
whichever occurs first.
2. The disputed amount penalty shall be the disputed amount
resolved in the reseller's favor times a penalty factor. The
penalty factor shall be the lesser of the following
calculations.
(a) The highest interest rate in decimal value, which may be
levied by law for commercial transactions for the number of
days from the first date to and including the last date of the
period involved.
(b) 0.0005 per day for the number of days from the first
date to and including the last date of the period involved.
I. The reseller is responsible for monitoring the accuracy of
the Telephone Company's bills and for notifying the Telephone
Company of any discrepancies between such bills and the
services provided by the Telephone Company.
6.4.1.9 Billing Adjustments and Verification
A. Adjustments for the quantities of services established or
discontinued in any billing period beyond the minimum period
set forth for services in other sections of these terms and
conditions will be prorated to the number of days or major
fraction of days based on a 30 day month.
B. The Telephone Company will, upon request and if available,
furnish the reseller such detailed information as may
reasonably be required for verification of any xxxx.
6.4.1.10 Computation of Billed Charges
A. When a rate as set forth in these terms and conditions is
shown to more than two decimal places, the charges will be
determined using the rate shown. The
21
resulting amount will then be rounded to the nearest xxxxx
(i.e., rounded to two decimal places).
6.4.2 Responsibility of the Customer
6.4.2.1 Transfer of End User Account Balance
A. Should a Telephone Company end user discontinue service in
order to become an end user of a reseller, the Telephone
Company will render a final xxxx to such end user. Balances
and/or credits in a Telephone end user's account will not be
carried over to the reseller's 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
6.5.1 Description
6.5.1.1 General
A. Resale is the sale to another person of telecommunications
services purchased from the Telephone Company. A person
purchases for resale when such person purchases a service for
the purpose of reselling it to another (rather than the
purpose of using the service itself).
1. A purchasing agent who orders services for its principal,
and who does not itself agree to assume the obligations of a
reseller under these terms and conditions, is not purchasing
for resale within the meaning of these terms and conditions.
2. The purchase of telecommunications services or unbundled
network elements for the purpose of provisioning a different
service (such as the purchase of the Telephone Company's
switched carrier access service for the purpose of
provisioning an interexchange carrier's toll service) is not
resale within the meaning of these terms and conditions.
B. Where a reseller purchases Telephone Company exchange
service from the Telephone Company and resells it to an end
user, such reseller's end user will be able to access any and
all services that a Telephone Company end user would be able
to access on a Telephone Company exchange service line. Such
services to the extent provided by the Telephone Company will
be deemed to have been sold to the reseller by the Telephone
Company as they are utilized by the reseller's end user, and
the reseller will be responsible to the Telephone Company for
payment of such services.
6.5.1.2 Services Offered for Resale
A. The services offered under these terms and conditions are
any and all features, functions and capabilities that are
separately offered by the Telephone Company to end users under
the regulations, terms and conditions of D.P.U.
22
Mass. No. 10, except for public and semipublic telephone
service, and in accordance with the following limitations.
1. Services in D.P.U. Mass. No. 10 that have been designated
as no longer available for new installations or no longer
offered are not offered for resale except that such services
are only available for resale to the embedded base of end
users who were permitted to retain such service(s) in
accordance with the regulations contained in D.P.U. Mass. No.
10.
2. Promotional program offerings (e.g., discounts, waivers,
credits, certificates, premiums, discounted product trials or
other inducements that would apply to a particular customer
for a period of 90 days or less, and that are offered in order
to promote the sale of a service) are offered for resale,
however they are not subject to the resale discount specified
in Section 6.5.1.3.
3. Directory Assistance Services are offered for resale but
when associated with Residence, Centrex and/or PBX services
they are not subject to the resale discount specified in
Section 6.5.1.3 due to Massachusetts E-9-1-1 funding.
B. Lifeline - The resale of Lifeline is permitted only to
Lifeline eligible end users. The reseller is responsible for
confirming the eligibility of such end users for Lifeline.
1. The Telephone Company (to the extent it would otherwise be
eligible), and not the reseller will be eligible for any
universal service funding resulting from the provision of
Lifeline in conjunction with this tariff.
C. Linkup America may only be resold to Linkup America
eligible end users. The reseller is responsible for confirming
the eligibility of such end users for Linkup America.
D. Blocking - Resellers are allowed to purchase blocking
services to restrict end user access to particular
capabilities to the extent such services are available under
and on the same terms and conditions as set forth in D.P.U.
Mass. No. 10.
6.5.2 Regulations
6.5.2.1 Restrictions
A. Class of Customer - This is a restriction contained in
D.P.U. Mass. No. 10 that limits the availability of a service
to a particular type of customer, such as a business customer,
a residence customer, carrier, end user, etc.
1. Where a resold service is subject to such restriction the
reseller may not resell such service to any customer not in
the relevant class. The reseller may purchase the service for
resale to a customer in the relevant class whether or not the
reseller itself is within the class.
(a) Business services may be resold to residence end users
as long as the end user is served by a business exchange line
and as long as all other services provided on that line are
also under the business class and charged for at the
appropriate business service rates and charges.
23
2. Where a reseller resells a service to another person,
and such other person is itself a reseller rather than an end
user, the reseller purchasing from the Telephone Company must
require its end users (by tariff or by contract), to conform to
any applicable class of service restrictions for end users and
all other requirements of resellers under these terms and
conditions.
B. Aggregation of Usage - Regulations on limitations on
aggregation of traffic contained in D.P.U. Mass. No. 10 are
applicable.
C. The reseller is not allowed to offer resold service to its
customers under any of the Telephone Company trademarks,
service marks, registered trademark, registered service xxxx
or brand-names, or use the logos of the Telephone Company or
the Telephone Company's affiliates without the expressed
written authorization of the Telephone Company.
6.5.3 Application of Rates and Charges
6.5.3.1 Underlying Services
A. Discount - The rates and charges that apply for the
underlying services that are sold to a reseller in accordance
with the terms and conditions described herein, are specified
in D.P.U. Mass. No. 10. The Telephone Company will discount
the D.P.U. Mass. No. 10 rates and charges by applying the
resale discounts specified in Section 6.10 of these terms and
conditions to the applicable D.P.U. Mass. No. 10 rates and
charges for resold services offered under these terms and
conditions in accordance with Section 6.5.1.2.
1. Public Access Line service purchased for use by the
reseller or any of its affiliates who are independent payphone
providers is not subject to the wholesale discount and
therefore retail rates apply. In all other cases Public Access
Line service is available for resale at wholesale discounted
rates.
6.5.3.2 Service Establishment
A. Service establishment charges apply to recover the
establishment costs for electronic interfaces and other
support systems.
6.5.3.3 Service Charges and Other Nonrecurring Charges
A. Service charges and other nonrecurring charges apply to
recover the establishment costs for electronic interfaces and
other support systems.
6.5.3.4 Monthly Rates
A. Other monthly rates apply to recover the ongoing costs to
maintain the service center for resellers and the automated
order interface systems.
6.5.3.5 Customer Specific Pricing (CSP)
A. Services that the Telephone Company provides to its end
users on a customer specific basis under D.P.U. Mass. No. 12
will be made available for resale, and upon request of the
reseller, the Telephone Company shall determine for the
24
customer specific service configuration that is the
subject of the request wholesale rates that reflect NYNEX's
avoided costs associated with customer specific arrangement.
6.6 RESERVED FOR FUTURE USE
6.7 RESERVED FOR FUTURE USE
6.8 OPTIONAL SERVICES
6.8.1 Call Usage Detail
6.8.1.1 Description
A. Call usage detail is available to resellers for local calls
associated with the Telephone Company's resold message rate
service, and for intraLATA toll service. Call usage data is
offered as local call usage detail or intraLATA call usage
detail and is provided via transmission or tape/cartridge.
B. Local Call Usage Detail-Provided as complete call detail.
1. Complete Call Detail-Provided by retail billing telephone
number and by line, consisting of calling telephone number,
called telephone number, call date, call connect time, and
call elapsed time.
C. IntraLATA Call Usage Detail-Provides complete call detail
by retail billing telephone number and by line consisting of
calling telephone number, called telephone number, call date,
call connect time, and call elapsed time.
6.8.1.2 Regulations
A. Responsibility of the Telephone Company
1. The lapsed time between usage recorded by the Telephone
Company and delivery to the reseller will not exceed eight
business days.
2. The Telephone Company will store reseller usage data for 45
days from the date of transmission to the reseller.
6.8.1.3 Application of Rates and Charges
A. Record Processing - A per record processed charge applies.
1. A record consists of a call with called number, call date,
connect time, and elapsed time.
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
25
apply. If a tape or cartridge is requested in addition to
data transmission, both the per tape or cartridge charge and the
per data transmission charge applies.
6.8.2 Electronic Customer Service Record Retrieval
6.8.2.1 Description
A. This service provides the reseller with the ability to
electronically request the customer service record of an end
user. The current customer service record will be formatted by
the Telephone Company and transmitted back to the reseller.
The customer service record reflects the most recent,
completed service order activity and provides the service and
equipment billed by the Telephone Company to a Telephone
Company end user or to a reseller.
6.8.2.2 Application of Rates and Charges
A. A service record retrieval charge applies to each customer
service record electronically delivered to the reseller.
B. A reseller may request any number of electronic customer
service records, but will only be charged for the number of
electronic customer service records successfully transmitted
to the reseller.
6.8.3 Directory Services
6.8.3.1 Directory Assistance (DA) and Directory Listing Services
A. The Telephone Company will include in its published white
pages directories and in its directory assistance records, the
name, address and telephone number of the reseller's telephone
exchange service customers (one listing per end user line), in
accordance with the Telephone Company tariff provisions
relating to alphabetical listings and to directory assistance
as specified in D.P.U. Mass. No. 10. Such listings will not be
provided for any lines for which the reseller purchases
nonpublished and nonlisted number service. Additional listing
will be provided under the terms and conditions set forth in
D.P.U. Mass. No. 10.
B. Yellow Page Listing - Upon request of the reseller, the
Telephone Company will include in its published yellow page
directories a single line, light-face (non-bold) listing for
the reseller's telephone exchange service business customer.
6.8.4 Enhanced Universal Emergency Number Service E-9-1-1
6.8.4.1 Description
A. The Telephone Company will include the resellers telephone
exchange service customers in the relevant E-9-1-1
database(s).
6.8.5 Annoyance Call Bureau
6.8.5.1 Description
A. Resellers are entitled to use the services provided by the
Telephone Company's annoyance call bureau.
26
6.9 RESERVED FOR FUTURE USE
27
6.10 RATES AND CHARGES
6.10.1 Terms and Conditions Information
There are no rates and charges contained in this section.
6.10.2 General Regulations
There are no rates and charges contained in this section.
6.10.3 Ordering of Service
There are no rates and charges contained in this section.
6.10.4 Issuance, Payment and Crediting of Reseller Bills
There are no rates and charges contained in this section.
6.10.5 Resale
Note: Discounts and rates are subject to "true-ups" as determined by the
Massachusetts DPU.
6.10.5.1 DISCOUNTS TO UNDERLYING SERVICES
-------------------------------------------------------------------------------------------------------
ID SERVICE CATEGORY RATE ELEMENT RATE USOC
-------------------------------------------------------------------------------------------------------
A. With Operator Business Services 24.99%
Provided Handling
and Directory
Assistance
Provided
---------------------------------------------------------------
Residence Services 24.99%
-------------------------------------------------------------------------------------------------------
B. Without Operator Business Services 29.47%
Provided Handling
and Directory
Assistance
Provided
---------------------------------------------------------------
Residence Services 29.47%
-------------------------------------------------------------------------------------------------------
6.10.5.2 SERVICE ESTABLISHMENT CHARGES
-------------------------------------------------------------------------------------------------------
28
6.10.5.2 SERVICE ESTABLISHMENT CHARGES
-----------------------------------------------------------------------------------------------------------------------
ID SERVICE CATEGORY RATE ELEMENT RATE USOC
Non-Recurring Per OSS Transaction $1.08
Service
Establishment
Charge during 5
year recovery
period for recovery
of development
costs (includes
development and
ongoing costs)
-----------------------------------------------------------------------------------------------------------------------
Recurring Monthly Per Reseller Per Month $2605.00
Establishment
Charge during 5
year recovery
period
-----------------------------------------------------------------------------------------------------------------------
6.10.5.3 SERVICE CHARGES AND OTHER NONRECURRING CHARGES
-----------------------------------------------------------------------------------------------------------------------
ID SERVICE CATEGORY RATE ELEMENT RATE USOC
-----------------------------------------------------------------------------------------------------------------------
Non-Recurring OSS Transaction $0.26
Charge after development costs
have been fully recovered (includes
ongoing
maintenance costs)
-----------------------------------------------------------------------------------------------------------------------
Centrex Line Per Centrex Line Order Processed $16.10
Processing Charge
to recover
additional support
costs
-----------------------------------------------------------------------------------------------------------------------
6.10.5.4 OTHER MONTHLY RATES
-----------------------------------------------------------------------------------------------------------------------
ID SERVICE CATEGORY RATE ELEMENT RATE USOC
-----------------------------------------------------------------------------------------------------------------------
Recurring Per Resold Line $0.18
Maintenance
Charge to recover
the ongoing costs of
Resale Service
Center and
electronic interfaces
-----------------------------------------------------------------------------------------------------------------------
6.10.6 Reserved for Future Use
29
There are no rates and charges contained in this section.
6.10.7 Reserved for Future Use
There are no rates and charges contained in this section.
6.10.8 Optional Services
Note: Rates are subject to "true-ups" as determined by the Massachusetts DPU.
6.10.8.1 CALL USAGE DETAIL
---------------------------------------------------------------------------------------------------------
ID SERVICE CATEGORY RATE ELEMENT RATE USOC
---------------------------------------------------------------------------------------------------------
Record Processing Per Record Processed $0.00415
---------------------------------------------------------------------------------------------------------
Data Transmission Per Record Transmitted $0.000117
---------------------------------------------------------------------------------------------------------
Tape or Cartridge Per Tape or Cartridge $20.12
---------------------------------------------------------------------------------------------------------
6.10.8.2 ELECTRONIC CUSTOMER SERVICE RECORD RETRIEVAL
---------------------------------------------------------------------------------------------------------
ID SERVICE CATEGORY RATE ELEMENT RATE USOC
---------------------------------------------------------------------------------------------------------
Electronic
Customer Service Per Customer Record $0.13
Record Retrieval
---------------------------------------------------------------------------------------------------------
6.10.9 Reserved for Future Use
There are no rates and charges contained in this section.
30
XXXXXXXX 0, XXXXXXXXXX I
QUALIFIED BUSINESS LINES FOR VOLUME COMMITMENT
MASSACHUSETTS
--------------------------------------------------------------------------------------------------------------
ACCESS LINES
--------------------------------------------------------------------------------------------------------------
Measured Business Service 1MB ALS
--------------------------------------------------------------------------------------------------------------
Measured 4E BIM ALX
--------------------------------------------------------------------------------------------------------------
Flat Business Service 1FB 1LB
--------------------------------------------------------------------------------------------------------------
Direct Inward Dial Trunks ND8 NDT
--------------------------------------------------------------------------------------------------------------
PBX Trunks XMB XFB
--------------------------------------------------------------------------------------------------------------
PBX Digital trunks T2DMX T4DOX
------------------------------------------------------------------------
T2DOX TDYMX
------------------------------------------------------------------------
T4DMX TDYOX
--------------------------------------------------------------------------------------------------------------
PBX Analog trunks XX0 XX0 TBPCX TM7
------------------------------------------------------------------------
TIV TGJTM TCX TM9
------------------------------------------------------------------------
T2DIX 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 XXX XX0
------------------------------------------------------------------------
T5N TKO TFT TYD
------------------------------------------------------------------------
T50 TKV TFU TZQ
------------------------------------------------------------------------
T86 TM2 TG2 TZZ
------------------------------------------------------------------------
T87 TM3 TG7 TJB
------------------------------------------------------------------------
TB2 TM5 TBB TM6
--------------------------------------------------------------------------------------------------------------
CENTREX: **
---------------------------------------------------------------------------------------------------------------
**EXCLUDES:
---------------------------------------------------------------------------------------------------------------
1. Centrex systems priced under a special contract (ICB, FPO, LSO, Custom Pricing)
2. Centrex systems which serve multiple end user customers
---------------------------------------------------------------------------------------------------------------
CENTREX PLUS
---------------------------------------------------------------------------------------------------------------
Measured DMS HMHJX
---------------------------------------------------------------------------------------------------------------
Measured 5ESS HMHUX
---------------------------------------------------------------------------------------------------------------
Measured 4E DMS HNHJX
---------------------------------------------------------------------------------------------------------------
Unlimited DMS HFHJX
---------------------------------------------------------------------------------------------------------------
Measured 4E 5ESS HNHUX
---------------------------------------------------------------------------------------------------------------
Unlimited 5ESS HFHUX
---------------------------------------------------------------------------------------------------------------
CENTREX PLUS STATIONS/LINES
---------------------------------------------------------------------------------------------------------------
Primary station at principle location RXR
---------------------------------------------------------------------------------------------------------------
Primary- Off Prem same CO. RX3
---------------------------------------------------------------------------------------------------------------
INTELLIPATH
---------------------------------------------------------------------------------------------------------------
Measured - DMSIOO E6KJX
---------------------------------------------------------------------------------------------------------------
Measured - 5ESS E6KUX
---------------------------------------------------------------------------------------------------------------
UnfirTfited - DMS100 E6EJX
---------------------------------------------------------------------------------------------------------------
Unlimited - 5ESS E6EUX
---------------------------------------------------------------------------------------------------------------
Xxxxxxxx 0X - XXXXXX X0XXX
---------------------------------------------------------------------------------------------------------------
Measured 4E - 5ESS E7QUX
---------------------------------------------------------------------------------------------------------------
PAGE 1 OF 2
---------------------------------------------------------------------------------------------------------------
INTELLIPATH STATIONS / LINES
---------------------------------------------------------------------------------------------------------------
Primary Station - Principle premise R42
---------------------------------------------------------------------------------------------------------------
Primary Station - Principle premise - Fully Restricted R45
---------------------------------------------------------------------------------------------------------------
Primary Station - other than Principle premise R43
---------------------------------------------------------------------------------------------------------------
Primary Station - other than Principle premise - Fully
Restricted R46
---------------------------------------------------------------------------------------------------------------
INTELLIPATH II
---------------------------------------------------------------------------------------------------------------
Measured - DMS1OO E7KJX EV7JX
---------------------------------------------------------------------------------------------------------------
Measured - 5ESS E7JUX EV7UX
---------------------------------------------------------------------------------------------------------------
Unlimited - DMS1OO EGDJX FV7JX
---------------------------------------------------------------------------------------------------------------
Unlimited - 5ESS EGDUX FV7UX
---------------------------------------------------------------------------------------------------------------
Measured 4E - DMS1OO EGQJX FVNJX
---------------------------------------------------------------------------------------------------------------
Measured 4E - 5ESS EGQUX FVNUX
---------------------------------------------------------------------------------------------------------------
INTELLIPATH II STATIONS / LINES
---------------------------------------------------------------------------------------------------------------
Primary Station - Principle premise RXR
---------------------------------------------------------------------------------------------------------------
Primary Station - Principle premise - Fully Restricted RX5
---------------------------------------------------------------------------------------------------------------
Primary Station - other than Principle premise RX3
---------------------------------------------------------------------------------------------------------------
Primary Station - other than Principle
premise - Fully Restricted RX6
---------------------------------------------------------------------------------------------------------------
Page 2 of 2
XXXXXXXX 0, XXXXXXXXXX 2
PRODUCT AND SERVICES ELIGIBLE FOR VTD DISCOUNT
MASSACHUSETTS
-----------------------------------------------------------------------------------------------------------------------------
ACCESS LINES
-----------------------------------------------------------------------------------------------------------------------------
Measured Business Service 1MB ALS
-----------------------------------------------------------------------------------------------------------------------------
Measured 4E BIM ALX
-----------------------------------------------------------------------------------------------------------------------------
Flat Business Service 1FB 1LB
-----------------------------------------------------------------------------------------------------------------------------
Direct Inward Dial Trunks ND8 NDT
-----------------------------------------------------------------------------------------------------------------------------
PBX Trunks
-----------------------------------------------------------------------------------------------------------------------------
PBX Digital trunks T2DMX T4DOX
---------------------------------------------------------------------------------------
T2DOX TDYMX
---------------------------------------------------------------------------------------
T4DMX TDYOX
-----------------------------------------------------------------------------------------------------------------------------
PBX Analog trunks XX0 XX0 TBPCX TM7
---------------------------------------------------------------------------------------
T1V TGJTM TCX TM9
---------------------------------------------------------------------------------------
T2D1X TGQ TDD TMB
---------------------------------------------------------------------------------------
T2DCX TGZ TDY1X TMC
---------------------------------------------------------------------------------------
T3E THN TDYCX TMK
---------------------------------------------------------------------------------------
T3U THO TEPCX TMR
---------------------------------------------------------------------------------------
T3V THQ TF6 TMT
---------------------------------------------------------------------------------------
T4U THU TFB TMU
---------------------------------------------------------------------------------------
T4V THW TFC TP5CX
---------------------------------------------------------------------------------------
T4X THZ TFK TS9
---------------------------------------------------------------------------------------
T5E TJT TFQ TS90X
---------------------------------------------------------------------------------------
T5K TKG XXX XX0
---------------------------------------------------------------------------------------
T5N TKO TFT TYD
---------------------------------------------------------------------------------------
T50 TKV TFU TZQ
---------------------------------------------------------------------------------------
T86 TM2 TG2 TZZ
---------------------------------------------------------------------------------------
T87 TM3 TG7 TJB
---------------------------------------------------------------------------------------
TB2 TM5 TBB TM6
-----------------------------------------------------------------------------------------------------------------------------
INTRA-LATA TOLL
-----------------------------------------------------------------------------------------------------------------------------
*MUST BE ASSOCIATED WITH A RESOLD VTD QUALIFIED BUSINESS LINE
-----------------------------------------------------------------------------------------------------------------------------
Message Rate Service N/A
-----------------------------------------------------------------------------------------------------------------------------
MTS, including Business Link Optional Calling Plan but OVP OV2
excluding all other Optional Calling Plans
-----------------------------------------------------------------------------------------------------------------------------
FEATURES
-----------------------------------------------------------------------------------------------------------------------------
*MUST BE ASSOCIATED WITH A RESOLD VTD QUALIFIED BUSINESS LINE
-----------------------------------------------------------------------------------------------------------------------------
Touch Tone TTB
-----------------------------------------------------------------------------------------------------------------------------
Call Forwarding ESM
-----------------------------------------------------------------------------------------------------------------------------
Call Forwarding, Speed Calling 8 & Speed Calling 30 EZO
-----------------------------------------------------------------------------------------------------------------------------
Call Forwarding, Three Way Calling & Speed Calling 30 ESB
-----------------------------------------------------------------------------------------------------------------------------
Call Forwarding, Three Way Calling & Speed Calling 8 ESR
-----------------------------------------------------------------------------------------------------------------------------
Call Forwarding, Three Way Calling, Speed Calling 8 & EZS
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
-----------------------------------------------------------------------------------------------------------------------------
PAGE 1 OF 2
Call Waiting, Call Forwarding, Three Way Calling & Speed ES5
Calling 30
-----------------------------------------------------------------------------------------------------------------------------
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 II CFZ GCZ E5E
-----------------------------------------------------------------------------------------------------------------------------
PHONE SMART SERVICES
-----------------------------------------------------------------------------------------------------------------------------
"MUST BE ASSOCIATED WITH A RESOLD VTD QUALIFIED BUSINESS LINE
-----------------------------------------------------------------------------------------------------------------------------
*69 NSS
-----------------------------------------------------------------------------------------------------------------------------
*69 (Per Activation Charge)
-----------------------------------------------------------------------------------------------------------------------------
*69 Denial HBS
-----------------------------------------------------------------------------------------------------------------------------
Call Trace 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
