«PRICE LIST AND SERVICE DESCRIPTION APPLICABLE TO SWITCHED ACCESS SERVICES PROVIDED BY ASTOUND BROADBAND, LLC WITHIN THE STATE OF OREGON Issued By: ...»
PRICE LIST AND SERVICE DESCRIPTION APPLICABLE TO
SWITCHED ACCESS SERVICES
ASTOUND BROADBAND, LLC WITHIN
THE STATE OF OREGON
James A. Penney
Executive Vice President
401 Kirkland Park Place, Suite 500
Kirkland, WA 98033
Astound Broadband, LLC Oregon Price List No. 1 Original Page No. 1
APPLICATION OF PRICE LISTThis Price List contains the regulations and rates applicable to intrastate switched access services provided by Astound Broadband, LLC (the “Company”) within the State of Oregon. Company's services are furnished subject to the availability of facilities and subject to the terms and conditions of this Price List.
The rates and regulations contained in this Price List apply only to the services furnished by Company.
Changes in rates, terms and conditions are subject to change without notice.
Effective: January 1, 2010 Revised: July 1, 2015 Astound Broadband, LLC James A. Penney - Executive Vice President 401 Kirkland Park Place, Suite 500, Kirkland, Washington 98033 1-866-928-3123 Astound Broadband, LLC Oregon Price List No. 1 Original Page No. 2
DEFINITION OF TERMSCertain terms used generally throughout this Price List for Communications Service of this Company are defined below.
Access Services: The services provided under this Price List, consisting of the offering of access to telephone exchange services or facilities, or their functional equivalent thereof, for the purpose of terminating Customer’s toll service traffic to Users served directly or indirectly by the Company. Originating access services may be available upon request on an ICB basis.
Advance Payment: Part or all of a payment required before the start of service.
Commission: The Oregon Public Utilities Commission.
Company: Astound Broadband, LLC, the issuer of this Price List.
Customer: The person, firm or corporation that purchases service and is responsible for the payment of charges and compliance with the Company's regulations.
Dedicated: A facility or equipment system or subsystem set aside for the sole use of a specific Customer.
End Office: The switching system office or serving wire center (or functionally equivalent or analogous facilities) from which End Users receive exchange service.
By way of example, system(s) or facility(ies) in a carrier’s network which host telephone numbers listed in the database of the Number Portability Administration Center as assigned to the carrier, constitute an “End Office.” For purposes of this price list, with respect to each 101-XXXX code prefix assigned to the Company, the location of the Company’s “end office” for purposes of this price list shall be the point of interconnection associated with that 101-XXXX code in the Local Exchange Routing Guide (LERG). Services provided at a Trunk Gateway location (as defined elsewhere) are the functional equivalent of services provided at an End Office location.
End User: A non-carrier customer of an intrastate telecommunications or unregulated service provider.
Individual Case Basis (ICB): A service arrangement in which the regulations, rates and charges are developed based on the specific circumstances of the case.
Interconnect Carrier: Any carrier that connects to Company’s network for exchange of communications traffic.
Shared: A facility or equipment system or subsystem that can be used simultaneously by several Customers.
Trunk Gateway: The point of interface between the PSTN trunk facility and the Company defined by Common Language Location Identifier (CLLI) codes assigned to the Company as reflected in the LERG. A customer may purchase services at a Trunk Gateway location that are the functional equivalent of services provided at an End Office location.
User: A Customer or any other person, firm, corporation or End User authorized by a Customer to use service provided under this Price List. A User may include a third-party carrier whose services are necessary to serve End Users.
VoIP-PSTN Traffic: Traffic exchanged between the Company and the Customer in time division multiplexing (“TDM”) format that originates and/or terminates in Internet protocol (“IP”) format.
The Service consists of terminating Exchange Access service (as defined in 47 U.S.C. § 153(16)), in which the Company routes Customer’s communications to End-Users directly, or indirectly on a wholesale basis through third-parties. Third-parties may be interconnected VoIP service providers (as defined in 47 C.F.R. § 9.3) who, in turn, will undertake to deliver messages to end-users. Originating access services are available on an ICB basis only.
Shortage of Equipment or Facilities 1.3
Suspension of Service in the Case of Suspected Fraud or Misuse 1.7 Company may immediately suspend service in the case of suspected fraud or misuse without incurring any liability. Company will contact Customer as soon as practical and service will be restored when concerns have been addressed or rectified.
At the Customer's request, installation and/or maintenance may be performed by the Company. In such cases, charges based on the cost of the actual labor, material, or other costs incurred by or charged to the Company will apply, including additional charges for nonroutine work and work done after regular business hours.
Title to all facilities provided by the Company remains with the Company, its agents or contractors. The Customer shall not have, nor shall it assert, any right, title or interest in any of the fiber optic or other facilities and associated equipment provided by the Company hereunder.
Governmental Authorizations 1.10 The provision of services is subject to and contingent upon the Company and Customer obtaining and retaining such approvals, consents, governmental authorizations, licenses and permits, as may be required or be deemed necessary by the Company. The Company and the Customer shall use reasonable efforts to obtain and keep in effect all such approvals, consents, authorizations, licenses and permits that may be required to be obtained by it. The Company shall be entitled to take, and shall have no liability whatsoever for, any action necessary to bring the Services into conformance with any rules, regulations, orders, decisions, or directives imposed by the Federal Communications Commission or other applicable agency, and the Customer shall fully cooperate in and take such action as may be requested by the Company to comply with any such rules, regulations, orders, decisions, or directives.
SECTION 2. - OBLIGATIONS OF THE CUSTOMER
Customer Responsibility 2.2 Customer remains solely responsible for all use of services ordered by it or billed to its telephone number(s), for determining who is authorized to use its services, and for notifying the Company of any unauthorized use.
With respect to any service or facility provided by the Company, Customer shall indemnify, defend and hold harmless the Company from and against all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’
fees, for the following:
The Customer is responsible for the payment of all charges for facilities and services furnished by the Company to the Customer and to all Users authorized by the Customer, regardless of whether those services are used by the Customer itself or are resold or shared with other persons.
Billing and Collection of Charges 3.2
Company may require Customer to make deposits for special installation and services, the amount to be determined upon Company’s sole discretion.
If the Customer makes or requests material changes in circuit engineering, equipment specifications, service parameters, premises locations, or otherwise materially modifies any provision of the application for service, the Customer's installation fee shall be adjusted accordingly.
The Customer is responsible for the payment of Federal excise taxes, gross receipts, access, state and local sales and use taxes and all taxes, fees, surcharges (however designated) and other exactions imposed on the Company or its services by governmental jurisdictions, other than taxes imposed generally on corporations. Any taxes imposed by a local jurisdiction (e.g. county and municipal taxes) will only be recovered from those customers residing in the affected jurisdictions. All such taxes, fees, and charges shall be separately designated on the Company's invoices, and are not included in the rates for service. The Customer shall be responsible for paying any such taxes that subsequently become applicable retroactively.
The Customer may dispute a bill only by written notice to the Company. Unless such notice is received within 30 days of the date Customer receives the bill, the bill statement shall be deemed to be correct and payable in full by Customer. When Customer makes a timely written dispute, Company will make such investigation as is required by the particular case and shall report the results of its investigation to Customer. All disputes between the Company and the Customer that cannot be settled through negotiation may be resolved by arbitration upon written demand of either party. Arbitration shall be referred to the American Arbitration Association (AAA) and conducted pursuant to its Commercial Arbitration Rules. The arbitrator shall have the authority to award compensatory damages solely; such award shall be final and binding and may be entered in any court having jurisdiction thereof. The provisions of the Federal Arbitration Act shall govern such arbitration. This dispute process does not preclude the Customer from filing a complaint with the Commission.
SECTION 5. - NOTICES AND COMMUNICATIONS
All notices or other communications required to be given pursuant to the tariffs or 5.1 Price Lists of the Company will be in writing. Notices and other communications of either party, and all bills mailed by the Company, shall be presumed to have been delivered to the other party on the third business day following placement of the notice, communication or
bill with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first.
The Company or the Customer shall advise the other party of any changes to the 5.2 addresses designated for notices, other communications or billing, by following the procedures for giving notice set forth herein.
SECTION 6. - CUSTOMER EQUIPMENT AND CHANNELS
A User may transmit or receive information or signals via the facilities of the Company. The Company's services are designed primarily for the transmission of voice-grade telephonic signals. A User may transmit any form of signal that is compatible with the Company's equipment, but except as otherwise specifically stated in its tariffs or Price Lists, the Company does not guarantee that its services will be suitable for purposes other than voice-grade telephonic communication.
Interconnection of Facilities 6.2
Upon suitable notice, the Company may make such tests, adjustments, and inspections as may be necessary to maintain the Company's facilities in satisfactory operating condition. No interruption allowance will be credited to the Customer for the period during which the Company makes such tests, adjustments, or inspections.
Subject to the agreement of the Company and to all of the regulations contained in the Company’s tariffs or Price Lists and upon Customer’s request, the Company may undertake special construction and special arrangements on a reasonable efforts basis. Special arrangements include any service or facility relating to a regulated telecommunications service not otherwise specified under a tariff or Price List, or for the provision of service on an expedited basis or in some other manner different from the normal offering of service.
Basis for Charges7.2
Where the Company furnishes a facility or service on a special construction basis, or any service for which a rate or charge is not specified in the Company's tariffs or Price Lists, charges will be based on the costs incurred by the Company and may include, (1) nonrecurring charges; (2) recurring charges, (3) termination liabilities; or (4) combinations thereof. The Customer and the Company shall negotiate an agreement for special construction the pricing for which will be set on an ICB basis and which will typically include a minimum service commitment based on the estimated service life of the facilities provided and early termination liability provisions.
Switched access service provides for the switching and routing of interexchange traffic to or from the called party’s premises, either directly or via contractual or other arrangements with an affiliated or unaffiliated entity, regardless of the specific functions provided or facilities used. The charges for such services shall be assessed at the rates set forth in the table below. Services may be provided directly by Company or in conjunction with a n affiliated, or unaffiliated, third-party.
8.2 Application of Tariff to VoIP-PSTN Traffic