WORLDCOM NETWORK SERVICES, INC.
CLASSIC/TRANSCENDTM SWITCHED SERVICES
SERVICE SCHEDULE
This Service Schedule is made by and between WorldCom Network Services, Inc.
("WorldCom") and GENX, LLC/DBA:PREFERRED DISCOUNT ("Customer') and is a part
of their Telecommunication Services Agreement for Switched Services. Neither
Customer nor WorldCom shall be obligated with respect to the Switched
Services described below, nor any other condition of such Switched Services
until Customer has submitted and WorldCom has accepted a Service Request
with respect to the particular Switched Service. Capitalized terms not
defined herein shall have the meaning ascribed to them in the TSA, the PET
or the applicable Rate and Discount Schedule.
1. SWITCHED SERVICES: During the Service Term of the Agreement, WorldCom
will provide the following Switched Services (all as more particularly
described herein), (i) to and from the locations below, and (ii) for the
charges and applicable discounts set forth in the applicable Rate and
Discount Schedule attached herewith:
(a) TERMINATION Service" which is WorldCom's termination of calls
received from Customer's Service Interconnection(s).
(b) "TOLL FREE ORIGINATION Service" which is the origination of Toll
Free calls by WorldCom and the termination of such calls to Customer's
Service Interconnection(s).
(C) "SWITCHED ACCESS Service" which is the origination (via individual
telephone access lines) and termination of calls solely over facilities
comprising the WorldCom network.
(d) "DEDICATED ACCESS Service" which is the origination and termination
of calls solely over facilities comprising the WorldCom network which
origination or termination is via dedicated access lines.
(e) "TRAVEL CARD Service" which is the origination (via Travel Card
Toll Free number access) and termination of calls solely over facilities
comprising the WorldCom network.
2. SERVICE INTERCONNECTIONS:
(a) In order to utilize (i) TERMINATION Service and TOLL FREE ORIGINATION
Service, one or more full time dedicated connections between Customer's
network and the WorldCom network at one or more WorldCom designated
locations ("WorldCom POP") must be established ("Carrier Service
Interconnections"), and (ii) DEDICATED ACCESS Service, one or more full time
dedicated connections between an End User's private branch exchange ("PBX")
or other customer premise equipment and the WorldCom network at one or more
WorldCom POP(s) must be established ("Dedicated Service Interconnections").
Each Carrier Service Interconnection and Dedicated Service Interconnection
shall be comprised of
one or more dedicated access circuits, as the case may be. Carrier Service
Interconnections and Dedicated Service Interconnections are collectively
referred to as "Service Interconnections".
(b) The circuit(s) comprising each Service Interconnection to a WorldCom POP
shall be requested by Customer on the appropriate WorldCom Service Request.
Each Service Request will describe (among other things) the WorldCom POP to
which a Service Interconnection is to be established, the Requested Service
Date therefor, the type and quantity of circuits comprising the Service
Interconnection and any charges and other information relevant thereto, such
as, Customer's terminating or originating switch location, as the case may
be. Such additional information may be obtained from Customer or gathered by
WorldCom and recorded in Technical Information Sheets provided by WorldCom.
(c) Once ordered, and unless otherwise provided for in this TSA, Service
Interconnections or the circuits comprising each Service Interconnection may
only be canceled by Customer upon not less than thirty (30) days prior
written notice to WorldCom.
(d) With respect to a Carrier Service Interconnection, absent the automatic
number identification ("ANI") of the calling party, Customer shall provide
WorldCom with a written certification (the "Certification") of the
percentage of interstate (including international) and intrastate minutes of
use relevant to the minutes of traffic to be terminated in the same state in
which the WorldCom POP is located to which the Carrier Service
Interconnection is made. This Certification shall be provided by Customer
prior to Start of Service for any. Carrier Service Interconnection and may
be modified from time to time by Customer and subject to recertification
upon the request of WorldCom which requests shall not be made unilaterally
by WorldCom more than once each calendar quarter. Any such modification(s)
or Certification(s) shall be effective as of the first day of any calendar
month and following at least forty-five (45) days notice from Customer. In
the event Customer fails to make such Certification, the relevant minutes of
use will be deemed to be subject to the Intrastate Rates described in the
applicable Rate and Discount Schedule. In the event WorldCom or any other
third party requires an audit of WorldCom's interstate/intrastate minutes of
traffic, Customer agrees to cooperate in such audit at its expense and make
its call detail records, billing systems and other necessary information
reasonably available to WorldCom or any third party solely for the purpose
of verifying Customer's interstate/intrastate minutes of traffic. Customer
agrees to indemnify WorldCom for any liability WorldCom incurs in the event
Customers Certification is different than that determined by the audit.
(e) With respect to Carrier Service Interconnections, Customer shall be
solely responsible for establishing and maintaining each Carrier Service
Interconnection over facilities subject to WorldCom's approval. With respect
to Dedicated Service Interconnections, WorldCom will provision and maintain
local access facilities between the End User location (i.e., PBX) and the
WorldCom POP, subject to any LEC charges plus other applicable terms and
charges set forth in WorldCom's F.C.C. Tariff No. 5, however, Customer may
elect to be responsible for establishing each Dedicated Service
Interconnection over facilities subject to WorldCom's approval. Service
Interconnections shall only be comprised of DS-1 facilities unless otherwise
provided for in the Service Request and agreed to in writing by WorldCom. If
a Service Interconnection is proposed to be made via a local exchange
carrier, WorldCom will have the authority to direct Customer to utilize
WorldCom's entrance facilities or local serving arrangement ("LSA") with the
relevant local telephone operating company, and Customer will be subject to
a non-discriminatory charge therefor from WorldCom. The monthly recurring
charge relevant to Customer's use of LSA capacity shall be subject to upward
adjustment by WorldCom from time to time which adjustment, if any, shall not
exceed the rate that otherwise would be charged for the equivalent switched
access capacity between the same points by the relevant local telephone
operating company pursuant to its published charges for the type of service
in question.
(f) If other private line interexchange facilities are necessary to
establish a Service Interconnection, and such facilities are requested from
WorldCom, such facilities will be provided on an individual case basis.
(g) Commencing with the second full calendar month following Start of
Service for each circuit comprising a Service Interconnection (i.e., both
Carrier Service Interconnections and Dedicated Service Interconnections) and
thereafter, Customer will maintain Switched Services measured usage charges
per DS-1 (or DS-1 equivalent circuit) of not less than $1,500 per calendar
month/billing period ("Minimum Monthly Usage"). In the event Customer fails
to obtain the required Minimum Monthly Usage for the circuits comprising
each Service Interconnection, WorldCom will charge and Customer will pay the
difference between the number of DS-1s times the Minimum Monthly Usage
(i.e., $1,500) and Customer's total Switched Services measured usage charges
for the circuit(s) comprising the Service Interconnection in question
("Minimum Usage Charge"). WorldCom TERMINATION Service and TOLL FREE
ORIGINATION Service minutes carried over the same Service Interconnection,
if any, shall be included in determining if Customer has met the Minimum
Monthly Usage requirement.
Example: Assume Customers actual Switched Services measured usage charges
for 2 DS-1s comprising a Carrier Service Interconnection at WorldCom POP A
is $3,500, Customers actual Switched Services measured usage charges for 2
DS-1s comprising a Carrier Service Interconnection at WorldCom POP B is
$4,500, and Customer's End User's actual Switched Services measured usage
charges for 1 DS-1 comprising a Dedicated Service Interconnection at
WorldCom POP C is $600. Customer would not be subject to a Minimum Usage
Charge since Customer's actual Minimum Monthly Usage is $8,600 which exceeds
Customer's Minimum Monthly Usage of $7,500 [5 x $1,500].
(h) DS-1 circuits comprising all Service Interconnections will be subject to
a nonrecurring $400 per DS-1 switch port installation charge, and DS-3
circuits comprising all Service Interconnections will be subject to a
nonrecurring per DS-3 switch port installation charge as determined on an
individual case basis.
3. FORECASTS: Before Customer's initial order for Switched Services,
Customer shall provide WorldCom with a forecast regarding the number of
minutes expected to be terminated or originated in various LATAs and/or
Tandems, so as to enable WorldCom to configure optimum network arrangements.
In the event Customer's Switched Service traffic volumes result in a lower
than industry standard completion rate or otherwise adversely affect the
WorldCom Network, WorldCom reserves the right to block the source of such
adverse traffic at any time. Customer will provide WorldCom with additional
forecasts from time to time upon WorldCom's request which shall not be more
frequent than once every three (3) months.
4. START OF SERVICE: Start of Service for the various Switched Services will
occur as described below:
SERVICE START OF SERVICE
TERMINATION Service Concurrently with the activation of
each circuit
comprising Carrier Service
Interconnections relevant
to TERMINATION Service
TOLL FREE ORIGINATION Concurrently with the activation of
Service each circuit
comprising Carrier Service
Interconnections relevant
to TOLL FREE ORIGINATION Service
SWITCHED ACCESS Service ANI by ANI basis concurrently with
the activation of
each ANI to be served, and a TOLL FREE
Number by
TOLL FREE Number basis concurrently
activation of each TOLL FREE Number
DEDICATED ACCESS Service Concurrently with the activation of
each circuit
comprising Dedicated Service
TRAVEL CARD Service Code by Code basis concurrently with
the activation of
each Code
5. LIMITATION OF ORIGINATION OR TERMINATION LOCATIONS:
SWITCHED SERVICE ORIGINATION FROM TERMINATION TO
TERMINATION Service Any WorldCom POP Any direct dialable
worldwide
TOLL FREE ORIGINATION Locations in the 48 Any Customer
contiguous designated Carrier
Service United States, Service
Hawaii, Alaska, the Interconnection
US Virgin Islands,
Puerto Rico and
Canada
SWITCHED ACCESS (1+) All equal access Any direct dialable
Service exchanges in the location
48 contiguous worldwide
United States
(except in LATA
Island, New York)
and Hawaii
SWITCHED ACCESS Locations in the 48 Locations in the 48
(Toll Free) contiguous contiguous
Service United States, United States and
Hawaii, Alaska, the Hawaii
US Virgin Islands,
Puerto Rico
DEDICATED ACCESS (1 Locations in the 48 Any direct dialable
Service United States worldwide
DEDICATED ACCESS Locations in the 48 Any Customer
(Toll Free) contiguous designated
Service United States, Dedicated Service
Hawaii, Alaska, the Interconnection
US Virgin Islands,
Puerto Rico
BASIC TRAVEL CARD Locations in the 48 Locations in the 48
Service contiguous United contiguous United
States, Hawaii,
Alaska, the US
Islands, Puerto
Rico and Canada
BASIC TRAVEL CARD Locations in Locations in the 48
Services Hawaii, Alaska, the contiguous United
Virgin Islands,
Puerto Rico and
BASIC TRAVEL CARD Select Locations in the 48
Service International contiguous United
States
TRAVEL CARD Service SEE Schedule 6 to SEE Schedule 6 to
- Enhanced the applicable Rate the applicable Rate
Features and Discount and Discount
Schedule. Schedule.
6. BILLING INCREMENTS:
(A) Classic Service - (i) all calls (excluding California IntraLATA and
California intrastate calls and calls to International Locations, Canada and
Mexico) will be billed in six (6) second increments and subject to a six (6)
second minimum charge, (ii) California
Intra ATA and California intrastate calls will be billed in six (6) second
increments and subject to an eighteen (18) second minimum, and (ii) calls to
International Locations, Canada and Mexico will be billed in six (6) second
increments and subject to a thirty (30) second minimum charge.
(B) TRANSCENDTM Service - (i) all calls (excluding calls to International
Locations, Canada and Mexico and calls from Canada) will be billed in six
(6) second increments and subject to a six (6) second minimum charge, and
(iii) calls to International Locations, Canada and Mexico and calls from
Canada will be billed in six (6) second increments and subject to a thirty
(30) second minimum charge.
(C) All calls will be billed (i) utilizing Hardware Answer Supervision where
available, and with respect to TOLL FREE Services, commencing with
Customer's switch wink or answer back. If Customer is found to be
non-compliant in passing back appropriate answer supervision, i.e., answer
back, WorldCom reserves the right to suspend TOLL FREE Service or deny
requests by Customer for additional Service until appropriate compliance is
established.
7. CDR MEDIA: WorldCom will provide Call Detail Records (CDRs) for
WorldCom's Switched Services in machine readable form in one of several
magnetic tape formats (selected by Customer on Customer's Service Request)
("CDR Media"). CDR Media provided under this Section (i) monthly is provided
at no charge, (ii) weekly is subject to a recurring monthly charge of $150,
and (iii) daily is subject to the applicable non-recurring Installation
Charge as described below (plus all leased-line and equipment costs
necessary to implement Daily CDR Media which will be determined on an
individual case basis depending on Customer's specific configuration).
TYPE Total Contract Non-Recurring
Value Installation Charge
Daily CDR Media-Customer <$1,000,000 $1,000
provided hardware and software $1,000,000+ $1,000
Daily CDR Media-PC Solution <$1,000,000 $5,000
$1,000,000+ $2,500
Sub-Daily CDR Media-Customer <$1,000,000 $1,000
provided hardware and software $1,000,000+ $1,000
Sub-Daily CDR Media-PC <$1,000,000 $5,000
Solution $1,000,000+ $2,500
8. TOLL FREE NUMBERS:
(a) TOLL FREE numbers will be issued to Customer (i.e., issuance equates to
activation or reservation, whichever occurs first) on a random basis.
Customer requests for specific numbers will be considered by WorldCom, and
if provided, will be subject to additional charges as set forth below and
WorldCom's then current reservation policy which shall also apply to any
randomly selected and reserved TOLL FREE number. At any time preceding three
(3) months from the scheduled expiration of the Service Term, Customer may
only reserve TOLL FREE numbers in an amount equal to the greater of (i) 50,
or (ii) fifteen percent (15%) of the total number of TOLL FREE numbers
activated by WorldCom for Customer. Customer requests for TOLL FREE numbers
inconsistent with the above stated conditions may be considered by WorldCom
on an individual case basis. TOLL FREE numbers reserved for Customer will be
activated upon Customer's request,
however, with respect to TRANSCENDTM Service, WorldCom may charge Customer
an SMS Storage fee for each TOLL FREE number.
(b) Customer Request for Specific Numbers - $25 per individual TOLL FREE
number.
(c) Customer specifically agrees that regardless of the method in which a
TOLL FREE number is reserved for or otherwise assigned to Customer, that
Customer will not seek any remedy from WorldCom under a theory of
detrimental reliance or otherwise that such TOLL FREE number(s) are found
not to be available for Customer's use until such TOLL FREE number is put in
service for the benefit of Customer, and that such TOLL FREE number(s) shall
not be sold, bartered, brokered or otherwise released by Customer for a fee
("TOLL FREE Number Trafficking"). Any attempt by Customer to engage in TOLL
FREE Number Trafficking shall be grounds for reclamation by WorldCom for
reassignment of the TOLL FREE number(s) reserved for or assigned to Customer.
9. ENHANCED TOLL FREE SERVICES: The following TOLL FREE identification
services and routing options (collectively, "Enhanced TOLL FREE Services")
are available from WorldCom:
IDENTIFICATION SERVICES:
i. Dialed Number Identification Service - identification of specific TOLL
FREE number dialed.
ii. Real-Time ANI - receipt of telephone number of calling party.
TOLL FREE ROUTING OPTIONS:
i. Message Referral - recording (up to six (6) months) that informs callers
that the TOLL FREE number has been disconnected or refers callers to new
number:
ii. Call Area Selection - selection or blockage of locations from which TOLL
FREE numbers can be received (i.e., State, NPA, LATA or NXX level).
iii. Call Distributor Routing - distribution of TOLL FREE traffic evenly
over dedicated access lines in a trunk group (e.g., ascending, descending,
most idle, least idle).
iv. Route Completion (Overflow) - overflow of TOLL FREE dedicated access
traffic only to up to five (5) pre-defined alternate routing groups (e.g.,
dedicated access, WATs access lines or switched access lines).
V. Geographic Routing - termination of calls to a single TOLL FREE number
from two or more originating routing groups to different locations.
vi. Time-of-Day Routing - routing of calls to single TOLL FREE number based
on time of day (up to forty-eight (48) time slots of 15-minute increments in
a 24-hour period).
Day-of-Week Routing - routing of calls to single TOLL FREE number based on
each day of the week.
viii. Day-of-Year Routing - routing of calls to single TOLL FREE number
based on up to fifteen (15) customer-specified holidays.
ix. Percent Allocation Routing - routing of calls for each originating
routing group to two (2) or more terminating locations based on
customer-specified percentage.
Customer will receive the Identification Services described above at no
charge. The minutes of use rates for TOLL FREE Routing Options described
above (in addition to the TOLL FREE Routing Option Feature Charges described
below) will be the same rates for SWITCHED ACCESS Service (TOLL FREE) and
DEDICATED ACCESS Service (TOLL FREE), whichever is applicable, as described
in the applicable Rate and Discount Schedule excluding Route Completion
(Overflow). If Customer selects Route Completion (Overflow) and Customers
traffic overflows from DEDICATED ACCESS Service (TOLL FREE) to SWITCHED
ACCESS Service,(TOLL FREE), Customers minute of use rate will be the rate
associated with SWITCHED ACCESS Service (TOLL FREE). The TOLL FREE Routing
Option Feature Charges are as follows:
Installation Charge: $50.00 per feature; maximum of $250.00 per TOLL FREE
number.
Change Order Charge: $50.00 per feature; maximum of $250.00 per TOLL FREE
number.
Monthly Recurring Charge $25.00 per feature; maximum of $150.00 per TOLL
FREE number.
Expedite Charge: $500.00 (i.e., outside normal interval time of four (4)
business days).
Note: More than ten (10) points of termination for a single feature will be
treated as two (2) features. Further, every additional ten (10) points of
termination will be treated as a separate feature.
10. RESPORG SERVICES: Responsible Organization Services (relevant to TOLL
FREE Numbers) if provided by WorldCom will be provided by WorldCom pursuant
to WorldCom's F.C.C. Tariff No. 5.
11. AUTHORIZATION CODES FOR TRAVEL CARD SERVICE: WorldCom will supply
Customer with authorization codes ("Codes") containing nine (9) or fourteen
(14) digits for use with a corresponding TOLL FREE Service number for
origination and termination of TRAVEL CARD Service calls. The Codes may be
obtained by Customer in blocks of ten (10) not to exceed a total of 1000
Codes at any one time. WorldCom reserves the right to deny access to any
Code at any time.
12. INBOUND PORTION OF TRAVEL CARD SERVICE CALL: The inbound service portion
of a TRAVEL CARD Service call (i.e., the TOLL FREE Service) must be provided
by WorldCom.
13. ACCOUNTING CODES: For every billed telephone number (BTN) requested by
Customer, whether verified or non-verified, Customer shall pay a monthly
recurring charge of $15.
14. PAY PHONE SURCHARGE: In the event WorldCom is required to compensate
payphone service providers (PSPs) for toll-free or access code calls which
originate from payphones (including without limitation, any Order adopted by
the FCC) ("Payphone Surcharge"), WorldCom will charge and Customer agrees to
pay WorldCom the amount of the Payphone Surcharge which is required to be
paid by WorldCom.
15. RBOC TERMINATION/ORIGINATION: With respect to Classic Switched Services,
following Start of Service for TERMINATION SERVICE, TOLL FREE ORIGINATION
Service and/or DEDICATED ACCESS Service, Customer will maintain at least 80%
of the minutes of traffic (during any calendar month or pro rata portion
thereof) comprising Customer's TERMINATION Service, TOLL FREE ORIGINATION
Service and DEDICATED ACCESS Service for termination or origination in a
Tandem owned and operated by a Regional Xxxx Operating Company ("RBOC
Terminations/Originations") and subject to such RBOC's tariffed access
charges. WorldCom shall have the right to apply a ($.015) per minute
surcharge to the number of minutes by which Non-RBOC
Terminations/Originations exceed 20% of total monthly TERMINATION Service,
TOLL FREE ORIGINATION Service and DEDICATED ACCESS Service minutes.
16. PRESUBSCRIBED INTEREXCHANGE CARRIER CHARGE (PICC): With respect to
Classic Switched Services, WorldCom will charge Customer for any
LEC-assessed presubscribed interexchange carrier charge ("PICC Charge")
which PICC Charge will be reasonably determined by WorldCom as of a date
certain each month (the "PICC Charge Determination Date") but only if
WorldCom is directly billed by the LEC for such PICC Charge. Customer's PICC
Charge will be determined as of the PICC Charge Determination Date and will
be based on the same criteria for which WorldCom is assessed such charge by
the LEC (e.g., number and type of Customer's End Users (i.e., residential or
business) as well as the type of line associated with each such End User
(i.e., single line, secondary line or multi-line). This-Section 16 will be
deemed to include any other similar additional charges assessed by a LEC
after the date of this Agreement. (i.e., charges for which WorldCom is not
currently being assessed).
IN WITNESS WHEREOF, Customer has initialed this CLASSIC/TRANSCENDTM SWITCHED
SERVICES Service Schedule on the date first written above.
GENEX, LLC/DBA: PREFERRED DISCOUNT PLAN
Customer's Initials /s/
