CARRIER SERVICES SWITCHLESS AGREEMENT
BETWEEN
FRONTIER COMMUNICATIONS OF THE WEST, INC.
AND
ROCKY MOUNTAIN BROADBAND, INC.
TABLE OF CONTENTS
SECTION
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1. Services
2. Term Of The Agreement
3. Billing And Payment
4. Billing Disputes
5. Termination Rights
6. Taxes And Assessments
7. Warranties And Limitation Of Liability
8. Indemnification
9. Representation
10. Force Majeure
11. Waivers
12. Assignment
13. Confidentiality
14. Integration
15. Construction
16. Governing Law
17. Notices
18. Counterparts
19. Compliance With Laws
20. Third Parties
21. Survival Of Provisions
22. Unenforceable Provisions
EXHIBITS
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Exhibit A General And Service Definitions
Exhibit B Ancillary Fee Schedule
Exhibit C Call Detail Records; Order Processing Procedures; Letter Of
Agency Requirements
Exhibit D Dedicated Carrier Termination Schedule
Exhibit D(a) Carrier Domestic Termination Service
Exhibit D(b) Carrier Termination International Service
Exhibit D(c) Carrier Directory Assistance
Exhibit D(d) Carrier 800 Transport Service
Exhibit E Network Interconnection Schedule
Exhibit F National Origination Service (1+)
Exhibit G National Origination Service (800 Switched & Dedicated)
Exhibit H National Origination Service (Dedicated)
Exhibit I National Origination Service - (Switched International)
Exhibit I(a) National Origination Service - (Dedicated International)
Exhibit J Interlink Calling Card Service Schedule
Exhibit J(a) Interlink Calling Card Service
Exhibit J(b) Interlink Originating International Service
Exhibit J(c) Interlink Terminating International Service
Exhibit K Cashguard Schedule
Exhibit K(a) Cashguard
Exhibit K(b) Cashguard International
Exhibit L 800 PIN Service Schedule
Exhibit M-(a) SONET Private Line
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CARRIER SERVICE AGREEMENT
(Switchless)
This Carrier Service Agreement ("AGREEMENT") is entered into between the
provider of service, Frontier Communications of the West, Inc. f/k/a West Coast
Telecommunications, Inc. on behalf of itself and its affiliates ("FRONTIER"), a
California corporation located at 000 Xxxx Xxxxxx Xxxxxx, Xxxxx Xxxxxxx, XX
00000 and Rocky Mountain Broadband, Inc. ("RMBI" or "Purchaser"), a Colorado
corporation with its principal place of business located at 0000 00xx Xxxxxx,
00xx Xxxxx, Xxxxxx, Xxxxxxxx 00000 (hereinafter, Frontier and RMBI may be
referred to in the aggregate as "PARTIES", and each singularly as a "PARTY".)
PURPOSE
The Parties are telecommunications carriers subject to the Communications Act of
1934, as amended, as well as the Telecommunications Act of 1996. RMBI desires
to purchase network transport and other telecommunication services from Frontier
for RMBI's resale to its business and residential customers. The Parties agree
as follows:
1. SERVICES:
(a) Frontier shall, in accordance with this Agreement, provide to RMBI
those services RMBI subscribes to hereunder as defined and identified
herein and on exhibits, schedules and other attachments appended
hereto and made a part of this Agreement from time-to-time by the
Parties (collectively, the "SCHEDULES"). All such services being
provided under the Schedules are collectively referred to as the
"SERVICES".
(b) RMBI shall provide Frontier with a forecast covering a good faith
estimate based on historical information (if available) of the monthly
traffic volume and geographic distribution for an ordered Service.
The estimate will be for the 3 calendar month period following the
desired activation date in a format supplied or approved by Frontier.
Frontier may request updated forecasts on a reasonable basis.
Forecasts do not constitute a binding commitment on the part of RMBI.
Provision of Services is contingent on availability of Frontier
facilities.
(c) Orders for Services will be transmitted and processed in accordance
with the procedures set out in Exhibit C attached hereto and made a
part hereof as the same may be modified from time to time by Frontier
upon written notice to RMBI.
2. TERM OF THE AGREEMENT:
(a) INITIAL TERM: This Agreement is effective and the Parties'
obligations commence upon the date of execution by Frontier
("EFFECTIVE DATE") and continues in effect for a period of three (3)
years ("INITIAL TERM") from either the day Service is first utilized
by RMBI (as determined by Frontier's records), or the 90th day after
the Effective Date, whichever date occurs first, such date known as
the "START OF SERVICE DATE".
(b) AUTOMATIC RENEWAL: This Agreement renews automatically for a 1 year
period at the expiration of the Initial Term, unless canceled in
accordance with the termination provisions of this Agreement
("SUBSEQUENT TERM"). Each Subsequent Term renews automatically for a
1 year period upon its expiration, unless canceled in accordance with
the termination provisions of this Agreement.
(c) CANCELLATION: Either Party may terminate this Agreement upon
expiration of a term upon written notice given at least 90 days prior
to expiration of the then current term.
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3. BILLING AND PAYMENT: RMBI shall pay Frontier for the Services at the rates
and charges set out in the applicable Schedules. If RMBI is required to
pay an initial cash deposit or provide other assurance of payment, then
Frontier is not obligated to begin accepting orders or providing Service
until the deposit or other assurance of payment is received.
(a) ***.
(b) Frontier shall invoice RMBI via facsimile, with a follow-up copy sent
via regular U.S. mail or overnight delivery service, on or about the
fifth Business Day after the close of each Billing Cycle for the
Services and for any other sums due Frontier ("INVOICE"). Each Invoice
details: (i) the amount due Frontier, or the credit due RMBI, after a
reconciliation between the actual charges for the Services for the
prior Billing Cycle, and (ii) any other sums due Frontier.
(c) Each Invoice shall be paid by RMBI in immediately available U.S. funds
so that the payment is received by Frontier no later than thirty (30)
calendar days from the date of the Invoice (the "DUE DATE"). Frontier
agrees that (i) the Invoice date will be the same day the Invoice is
faxed to RMBI, and (ii) the Invoice will be faxed on a Business Day.
Any Invoice not paid by the Due Date shall bear late payment fees at
the rate of 1-1/2% per month (or such lower amount as maybe required
by law) until paid.
(d) The RMBI facsimile number and contact for purposes of this Section 3.
are 000-000-0000, Attention: Xxxx Xxxxxxx. RMBI may change the
facsimile number and contact upon written notice to Frontier.
(e) If RMBI is delinquent in payment of an Invoice and Frontier does not
have security from RMBI equal to RMBI's prior month's usage charges,
RMBI shall provide such additional security as Frontier may reasonably
request in writing.
(f) ***.
(g) RMBI agrees to pay to Frontier any and all local exchange carrier
("LEC") assessed charges (other than access or other LEC charges
otherwise included under this Agreement) and governmentally imposed
charges levied upon Frontier as a result of Services provided to RMBI,
such as but not limited to:
(i) primary Interexchange carrier ("PIC") change and slamming
related charges under Exhibit C, Section III;
(ii) assessments by the National Exchange Carrier's Association,
Inc. (NECA) including but not limited to, the Universal
Service Fund/Lifeline Assistance (USF/LA), the
Telecommunications Relay Service (TRS) Fund, and other
assessments as may be assessed by NECA in the future relative
to the Services; (RMBI understands that NECA charges are
assessed on a per ANI basis for Presubscribed End-User ANIs,
whether such ANIs are active or not);
(iii) assessments by regulatory agencies, including but not limited
to, the Federal Communications Commission (FCC) and state
Public Utility/Service Commissions;
(iv) charges or costs incurred by Frontier for FCC/PUC mandated
initiatives under the Telecommunications Act of 1996, or
otherwise, such as the "access reform" and "payphone dial-
around compensation" initiatives, plus a reasonable fee for
administration of those initiatives applicable to the Services
provided to RMBI;
(v) when Frontier is acting as the RespOrg, National
Administrative Services Center assessments (including any
monthly recurring charges) for "800"/"888" service
installation;
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(vi) applicable charges set out in the Schedule of Ancillary Fees
attached hereto as Exhibit B and made a part hereof as the
same may be modified from time to time by Frontier upon
written notice to RMBI.
(h) ***
(i) ***
(j) RMBI agrees that any make up to minimum charges, shortfall charges and
surcharges for which it is liable under this Agreement are based on
agreed upon minimum commitments on its part and corresponding rate
concessions on Frontier's part, and are not penalties or consequential
or other damages under Section 7.(b).
4. BILLING DISPUTES: The Parties agree that time is of the essence for
payment of all Invoices. RMBI shall provide written notice and supporting
documentation for any good-faith dispute it may have with an Invoice
("DISPUTE") within 60 Business Days after RMBI's receipt. If RMBI does not
report a Dispute within the 60 Business Day period, RMBI shall have waived
its dispute rights for that Invoice. RMBI shall pay disputed amounts,
subject to resolution of the Dispute. Frontier will use reasonable efforts
to resolve timely Disputes within 30 Business Days after its receipt of the
Dispute notice. If a Dispute is not resolved within the 30 Business Day
period to RMBI's satisfaction, then at RMBI's request the Dispute will be
referred to an executive officer of Frontier. If the Dispute is not
resolved within 15 Business Days after the referral, then either Party may
commence an action in accordance with Section 16., provided that the
prevailing Party in such action shall be entitled to payment of its
reasonable attorney fees and costs by the other Party.
5. TERMINATION RIGHTS:
(a) REGULATORY CHANGES: If the FCC, a state PUC or a court of competent
jurisdiction issues a rule, regulation, law or order which has the
effect of canceling, changing, or superseding any material term or
provision of this Agreement (collectively, "REGULATORY REQUIREMENT"),
then this Agreement shall be deemed modified in such a way as the
Parties mutually agree is consistent with the form, intent and purpose
of this Agreement and is necessary to comply with such Regulatory
Requirement. Should the Parties not be able to agree on modifications
necessary to comply with a Regulatory Requirement within 30 days after
the Regulatory Requirement is effective, then upon written notice
either Party may, to the extent practicable, terminate that portion of
this Agreement impacted by the Regulatory Requirement.
(b) Either Party may terminate this Agreement upon the other Party's
insolvency, dissolution or cessation of business operations. Frontier
may, upon 10 days prior written notice, immediately terminate this
Agreement for RMBI's failure to pay any delinquent Invoice not
properly disputed under Section 4, or to maintain any other assurance
of payment that may be required hereunder.
(c) In the event of a breach of any material term or condition of this
Agreement by a Party (other than a failure to pay which is covered
under (b) above), the other Party may terminate this Agreement upon 30
days written notice, unless the breaching Party cures the breach
during the 30 day period. A breach that cannot be reasonably cured
within a 30 day period may be addressed by a written waiver of this
paragraph signed by the Parties.
(d) Upon any material breach by RMBI not cured after expiration of all
applicable notice and cure periods, Frontier may at its sole option do
any or all of the following:
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(i) cease accepting or processing orders for Service and suspend
Service;
(ii) cease all electronically and manually generated information
and reports (including any CDR not paid for by RMBI);
(iii) draw on any letter of credit, security deposit or other
assurance of payment and enforce any security interest
provided by RMBI;
(iv) terminate this Agreement and Service without liability to
Frontier;
(v) collect from RMBI as liquidated damages an amount equal to the
Minimum Charge times the number of months remaining on the
unexpired term of this Agreement; and,
(vi) pursue such other legal or equitable remedy or relief as may
be appropriate.
6. TAXES AND ASSESSMENTS:
RMBI is responsible for the collection and remittance of all governmental
assessments, surcharges and fees pertaining to its resale of the Services
(other than taxes on Frontier's net income) (collectively, "TAXES"). RMBI
shall provide Frontier with, and maintain, valid and properly executed
certificate(s) of exemption for the Taxes, as applicable.
7. WARRANTIES AND LIMITATION OF LIABILITY:
(a) Service shall be provided by Frontier in accordance with the
applicable technical standards established for call transport by the
telecommunications industry. Frontier shall provide Service in a
quality and diligent manner consistent with service Frontier provides
to its other customers via a digital fiber optic network with SS7
signaling (where available). FRONTIER MAKES NO OTHER WARRANTY, EXPRESS
OR IMPLIED, WITH RESPECT TO TRANSMISSION, EQUIPMENT OR SERVICE
PROVIDED HEREUNDER, AND EXPRESSLY DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FUNCTION.
(b) In no event shall either Party be liable to the other Party for
incidental and consequential damages, loss of goodwill, anticipated
profit, or other claims for indirect damages in any manner related to
this Agreement or the Services.
8. INDEMNIFICATION:
Each Party shall defend and indemnify the other Party and its directors,
officers, employees, representatives and agents from any and all claims,
taxes, penalties, interest, expenses, damages, lawsuits or other
liabilities (including without limitation, reasonable attorney fees and
court costs) relating to or arising out of (i) acts or omissions in the
operation of its business, and (ii) its breach of this Agreement; provided,
however, Frontier shall not be liable and shall not be obligated to
indemnify RMBI, and RMBI shall defend and indemnify Frontier hereunder, for
any claims by any third party, including End-Users, with respect to
services provided by RMBI which may incorporate any of Frontier's services,
except that RMBI shall not be obligated to indemnify Frontier for any third
party claims arising out of Frontier's gross negligence or willful
misconduct.
9. REPRESENTATION:
The Parties acknowledge and agree that the relationship between them is
solely that of independent contractors. Neither Party, nor their respective
employees, agents or representatives, has any right, power or authority to
act or create any obligation, express or implied, on behalf of the other
Party.
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10. FORCE MAJEURE:
Other than with respect to failure to make payments due hereunder, neither
Party shall be liable under this Agreement for delays, failures to perform,
damages, losses or destruction, or malfunction of any equipment, or any
consequence thereof, caused or occasioned by, or due to fire, earthquake,
flood, water, the elements, labor disputes or shortages, utility
curtailments, power failures, explosions, civil disturbances, governmental
actions, shortages of equipment or supplies, unavailability of
transportation, acts or omissions of third parties, or any other cause
beyond its reasonable control.
11. WAIVERS:
Failure of either Party to enforce or insist upon compliance with the
provisions of this Agreement shall not be construed as a general waiver or
relinquishment of any provision or right under this Agreement.
12. ASSIGNMENT:
Neither Party may assign or transfer its rights or obligations under this
Agreement without the other Party's written consent, which consent may not
be unreasonably withheld, except that Frontier may assign this Agreement to
its parent, successor in interest, or an affiliate or subsidiary without
RMBI's consent. Any assignment or transfer without the required consent is
void.
13. CONFIDENTIALITY:
(a) Each Party agrees that all information furnished to it by the other
Party, or to which it has access under this Agreement, shall be deemed
the confidential and proprietary information or trade secrets
(collectively referred to as "PROPRIETARY INFORMATION") of the
Disclosing Party and shall remain the sole and exclusive property of
the Disclosing Party (the Party furnishing the Proprietary Information
referred to as the "DISCLOSING PARTY" and the other Party referred to
as the "RECEIVING PARTY"). Each Party shall treat the Proprietary
Information and the contents of this Agreement in a confidential
manner and, except to the extent necessary in connection with the
performance of its obligations under this Agreement, neither Party may
directly or indirectly disclose the same to anyone other than its
employees on a need to know basis and who agree to be bound by the
terms of this Section, without the written consent of the Disclosing
Party.
(b) The confidentiality of obligations of this Section do not apply to any
portion of the Proprietary Information which is (i) or becomes public
knowledge through no fault of the Receiving Party; (ii) in the lawful
possession of Receiving Party prior to disclosure to it by the
Disclosing Party (as confirmed by the Receiving Party's records);
(iii) disclosed to the Receiving Party without restriction on
disclosure by a person who has the lawful right to disclose the
information; or (iv) disclosed pursuant to the lawful requirements or
formal request of a governmental agency. If the Receiving Party is
requested or legally compelled by a governmental agency to disclose
any of the Proprietary Information of the Disclosing Party, the
Receiving Party agrees that it will provide the Disclosing Party with
prompt written notice of such requests so that the Disclosing Party
has the opportunity to pursue its legal and equitable remedies
regarding potential disclosure.
(c) Each Party acknowledges that its breach or threatened breach of this
Section may cause the Disclosing Party irreparable harm which would
not be adequately compensated by monetary damages. Accordingly, in
the event of any such breach or threatened breach, the Receiving Party
agrees that equitable relief, including temporary or permanent
injunctions, is an available remedy in addition to any legal remedies
to which the Disclosing Party may be entitled.
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(d) Neither Party may use the name, logo, trade name, service marks, trade
marks, or printed materials of the other Party, in any promotional or
advertising material, statement, document, press release or broadcast
without the prior written consent of the other Party, which consent
may be granted or withheld at the other Party's sole discretion.
(e) Notwithstanding the restrictions set forth in this Section, Frontier
may use End-User Information in furtherance of its rights under
Section 5.
14. INTEGRATION:
This Agreement and all Exhibits, Schedules and other attachments
incorporated herein, represent the entire agreement between the Parties
with respect to the subject matter hereof and supersede and merge all prior
agreements, promises, understandings, statements, representations,
warranties, indemnities and inducements to the making of this Agreement
relied upon by either Party, whether written or oral.
15. CONSTRUCTION:
The language used in this Agreement is deemed the language chosen by the
Parties to express their mutual intent. No rule of strict construction
shall be applied against either Party.
16. GOVERNING LAW:
This Agreement is subject the laws of New York, excluding its choice of law
principles. The Parties agree that any action to enforce or interpret the
terms of this Agreement shall be instituted and maintained only in the
Federal Court for the Western District of New York, or if jurisdiction is
not available in the Federal Court, then a state court located in
Rochester, New York. RMBI hereby consents to the jurisdiction and venue of
such courts and waives any right to object to such jurisdiction and venue.
17. NOTICES:
All notices, including but not limited to, demands, requests and other
communications required or pemitted hereunder (not including Invoices)
shall be in writing and shall be deemed to be delivered when actually
received, whether upon personal delivery or if sent by facsimile, mail or
overnight delivery. All notices shall be addressed as follows, or to such
other address as each of the Parties hereto may notify the other:
Frontier Communications of the West, Inc. Rocky Mountain
Broadband, Inc.
ATTN: Xxxxx X. Xxxxx, Mgr. Contract Svcs. ATTN: Xxxxx Loud, Vice
Xxxxx X. Xxxxxxxxxxx, VP Carrier Svcs. President Operations
000 X. Xxxxxx Xxxxxx 0000 00xx Xxxxxx, 00xx Xxxxx
Xxxxx Xxxxxxx, XX 00000 Xxxxxx, XX 00000
Facsimile #000-000-0000 Facsimile #000-000-0000
18. COUNTERPARTS:
This Agreement may be executed in several counterparts, each of which shall
constitute an original, but all of which shall constitute one and the same
instrument.
19. COMPLIANCE WITH LAWS:
During the term of this Agreement, the Parties shall comply with all local,
state and federal laws and regulations applicable to this Agreement and to
their respective businesses. Further, each Party shall obtain, file and
maintain any tariffs, permits, certifications, authorizations, licenses or
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similar documentation as may be required by the FCC, a state Public Utility
or Service Commission, or any other governmental body or agency having
jurisdiction over its business. Upon request, a Party will supply copies
of such permits, certifications, authorizations, licenses and similar
documentation.
20. THIRD PARTIES:
The provisions of this Agreement and the rights and obligations created
hereunder are intended for the sole benefit of Frontier and RMBI, and do
not create any right, claim or benefit on the part of any person not a
Party to this Agreement, including End-Users.
21. SURVIVAL OF PROVISIONS:
Any obligations of the Parties relating to monies owed, as well as those
provisions relating to confidentiality, assurances of payment, limitations
on liability and indemnification, survive termination of this Agreement.
22. UNENFORCEABILITY OF PROVISIONS:
The illegality or unenforceability of any provision of this Agreement does
not affect the legality or enforceability of any other provision or
portion. If any provision or portion of this Agreement is deemed illegal
or unenforceable for any reason, there shall be deemed to be made such
minimum change in such provision or portion as is necessary to make it
valid and enforceable as so modified. This Agreement is voidable by
Frontier if modified by RMBI without the written or initialed consent of a
Frontier Vice President.
By its signature below, each Party acknowledges and agrees that sufficient
allowance has been made for review of this Agreement by respective counsel and
that each Party has been advised as to its legal rights, duties and obligations
under this Agreement.
FRONTIER COMMUNICATIONS OF THE WEST, INC. ROCKY MOUNTAIN BROADBAND, INC.
By: /s/ Xxxxx X. Xxxxxxxxxxx By: /s/ Xxxxxxx X. Xxxxxx
------------------------------------------ --------------------------
Xxxxx X. Xxxxxxxxxxx, Vice President Xxxxxxx X. Xxxxxx,
Frontier Carrier Services Group President & CEO
Date: 3-19-98 Date: 3-18-98
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Exhibit A
Page 1 of 2
GENERAL DEFINITIONS
(Not otherwise defined in the body of the Agreement or the Schedules)
1. FRONTIER 800 NUMBERS are 800/888 telephone numbers ordered onto the
Frontier network by RMBI and for which Frontier has either (i) been
appointed the RespOrg, or (ii) reserved and issued the 800 telephone number
to RMBI. Frontier shall be deemed to be the RespOrg for all 800/888
telephone numbers reserved and issued by it under (ii) above.
2. ANI is a telephone number.
3. BILLING CYCLE is the Frontier billing cycle to which RMBI's account
hereunder is assigned by Frontier (a full billing cycle equals
approximately 30 days of Services usage).
4. BUSINESS DAY is Monday through Friday, 8:30 a.m. to 5:30 p.m. Detroit, MI
local time, excluding nationally recognized holidays. Unless otherwise
stated, "DAYS" refers to calendar days.
5. PRESUBSCRIBED means that an End-User has been assigned to Frontier's
network via Frontier's CIC.
6. CARRIER 800 NUMBERS are 800/888 telephone numbers ordered onto the Frontier
network by RMBI for which a party other than Frontier or RMBI has been
appointed the RespOrg.
7. CODE is a calling card authorization number used to access the Calling Card
Services.
8. CDR means call detail records and CDR TAPE is a magnetic tape containing
CDR.
9. RMBI 800 NUMBERS are 800/888 telephone numbers ordered onto the Frontier
network by RMBI for which RMBI has been appointed the RespOrg.
10. END-USERS are customers of RMBI for which RMBI has submitted an order that
has been accepted by Frontier during the term of this Agreement. To the
extent that RMBI subscribes to the Services for its own use, RMBI is deemed
to be an End-User.
11. 800 NUMBERS collectively refers to the Frontier 800 Numbers, Carrier 800
Numbers, RMBI 800 Numbers and PIN 800 Numbers.
12. GUIDELINES refer to the telecommunications industry's general rules with
respect to 800/888 number portability, including but not limited to, (i)
the Federal Communications Commission's ("FCC") 800/888 (and other toll-
free) number portability policies and rules, (ii) the SMS 800 requirements
set forth in the Xxxx Operating Companies' Tariff FCC No. 1, and (iii) the
800 DataBase Ad-Hoc Committee's Guidelines for 800 DataBase, as all of the
foregoing may be replaced or modified from time to time.
13. PIN 800 NUMBERS are Frontier 800 Numbers assigned to RMBI for use with the
800 PIN Service.
14. RESPORG is a responsible organization as defined in the Guidelines. A
RespOrg is the entity that is responsible for managing and administering
the account records in the 800 Service Management System DataBase.
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Exhibit A
Page 2 of 2
SERVICE DEFINITIONS/DESCRIPTIONS
1. CALLING CARD SERVICES consist of calling card traffic generated via Codes.
2. 800 PIN SERVICE consists of inbound Switched Services combined with a PIN
800 Number accessed via four digit personal identification numbers ("PIN
NUMBERS") used by End-Users ("0000", "4663", "9675" and "9999" are not
available as PIN Numbers). The use of the PIN Numbers with a PIN 800
Number peRMBIts multiple End-Users to utilize the same 800/888 telephone
number on an individual basis. 800 Directory Assistance is not available
with the 800 PIN Service.
3. NOS DEDICATED SERVICES consist of: (i) End-User switched outbound long
distance traffic delivered to a Frontier Point of Presence ("POP") via
dedicated facilities and terminated over the Frontier network, and (ii)
switched inbound 800/888 traffic generated via 800 Numbers which traffic
originates on the Frontier network and is terminated by Frontier onto
RMBI's or an End-User's dedicated facilities.
4. DIRECTORY ASSISTANCE TRANSPORT consists of Frontier terminating calls made
by End-Users to directory providers for assistance in locating a non-800
Number. "800 DIRECTORY ASSISTANCE" consists of calls made to directory
providers for assistance in locating a Frontier 800 Number.
5. INBOUND SERVICES collectively refers to inbound traffic generated via any
of the other Services.
6. INTERNATIONAL SERVICES consist of international traffic generated via any
of the other Services.
7. SWITCHED SERVICES consist of switched inbound and outbound long distance
traffic generated by End-Users that originates and terminates on the
Frontier network.
8. DEDICATED CARRIER TERMINATION consists of switched outbound long distance
traffic delivered by RMBI to a Frontier Point of Presence ("POP") via
dedicated facilities and terminated over the Frontier network.
9. NATIONAL ORIGINATION SERVICES ("NOS"): collectively includes the Switched
Services, the NOS Dedicated Services and related Inbound Services and
International Services.
10. DOMESTIC means the 48 contiguous United States.
11. OFF-SHORE means Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands.
12. OPERATOR SERVICES: see Operator Services Schedule. Operator Services
specifically exclude calling card operator assistance calls made via
Codes, which are deemed to be part of the Calling Card Services.
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