level 3 telecom of california, lplevel 3 telecom of california, lp schedule cal. p.u.c. no. 13-t...

Advice Letter No. 589 Issued by: Issued: May 31, 2016 Decision No.___________ Kristie Ince, Vice President Effective: June 5, 2016 Resolution No. Regulatory Affairs CAi16-589

Level 3 Telecom of California, LP Schedule Cal. P.U.C. No. 13-T 1025 Eldorado Boulevard Original Title Page Broomfield, CO 80021

This tariff, Level 3 Telecom of California, LP, Schedule Cal. P.U.C. No. 13-T, replaces in its entirety, tw telecom of california l.p., Schedule Cal. P.U.C. No. 9-T.

Tariff Schedule Applicable to RESALE COMMON CARRIER SERVICE of

Level 3 Telecom of California, LP

U-5358-C This tariff applies to Intrastate InterLATA Resale Common Carrier Communications Services Between Points in the State of California and Containing Detariffed Rates, Rules and Regulations Governing Service. *The Products and Services previously tariffed are now found in Level 3 Telecom of California, LP’s Detariffed Services Price List No. 6. The Price List may be viewed on the Company’s website http://www.tariffs.net/twtelecom2/states.asp

http://www.tariffs.net/twtelecom2/states.asp


Level 3 Telecom of California, LP Schedule Cal. P.U.C. No. 13-T 1025 Eldorado Boulevard Original Page 1 Broomfield, CO 80021

CHECK SHEET

PAGE REVISION PAGE REVISION PAGE REVISION Title Original * 26 Original * 1 Original * 27 Original * 2 Original * 28 Original * 3 Original * 29 Original * 4 Original * 30 Original * 5 Original * 31 Original * 6 Original * 32 Original * 7 Original * 8 Original * 9 Original * 10 Original * 11 Original * 12 Original * 13 Original * 14 Original * 15 Original * 16 Original * 17 Original * 18 Original * 19 Original * 20 Original * 21 Original * 22 Original * 23 Original * 24 Original * 25 Original *

* - indicates those pages included with this filing



TABLE OF CONTENTS Page Title Page Title Check Sheet 1 Table of Contents 2 Preliminary Statement 3 Availability of the Company’s Tariff 3 Explanation of Symbols 4 Application of Tariff 5 Service Area Map 6 Rate Schedules 7 RULES 1. Definitions 9 2. Description of Service 10 3. Application for Service 10 4. Contracts 10 5. Special Information Required on Forms 11 6. Establishment and Re-Establishment of Credit 11 7. Advance Payments, Deposits, and Guarantors 12 8. Notices 14 9. Rendering and Payment of Bills 15 10. Disputed Bill Procedures 18 11. Discontinuance and Restoration of Service 11 12. Optional Rates and Information to be Provided to the Public 21 13. Temporary Service 21 14. Continuity of Service 22 15. Extensions 22 16. Service Connections and Facilities on Customer’s Premises 23 17. Cancellation of Application of Service 24 18. Minimum Period 24 19. Automatic Number Identification 24 20. Negotiated Rates and Competitive Discounts 25 21. Service Level Standards and Credit Allowance for Interruptions in Service 26 GENERAL REGULATIONS 3.1 Limitations of Service 28 3.2 Use of Service 29 3.3 Responsibilities of Customer 30 3.4 Liability for Calling Card Fraud 31 3.5 Cancellation by Customer 31 3.6 Privacy 32



PRELIMINARY STATEMENT This tariff contains the regulations and rates applicable to the furnishing of intrastate resale common carrier communications service by The Company between locations within the State of California. The Company has been authorized by the California Public Utilities Commission (CPUC) to provide intrastate resale common carrier communications service to business Customers within the State of California. The rates, rules, terms and conditions contained herein are subject to change pursuant to the rules and regulations of the California Public Utilities Commission

AVAILABILITY OF THE COMPANY’S TARIFF Complete copies of Company advice letters and current tariff are maintained at the Company’s business offices located at:

Level 3 Telecom of California, LP 1025 Eldorado Boulevard Broomfield, CO 80021

The tariff is posted on the Company’s website at: http://www.tariffs.net/twtelecom2/states.asp. The tariff is also available for public inspection at the California Public Utilities Commission. The Company’s toll free customer service number is: 1-877-453-8353. The Customer may view the Price List of Detariffed/Nonregulated Services not included in this tariff on the Company’s website at: http://www.tariffs.net/twtelecom2/states.asp.





EXPLANATION OF SYMBOLS

(C) - To signify changed listing, rule, or condition which may affect rates or charges.

(D) - To signify discontinued material, including listing, rate, rule or condition.

(I) - To signify increase.

(L) - To signify material relocated from or to another part of the tariff schedules with no change in text, rate, rule or condition.

(N) - To signify new material including listing, rate, rule or condition.

(R) - To signify reduction

(T) - To signify a change in wording of text but not change in rate, rule or condition.

(Z) - To signify a correction to material previously filed.



APPLICATION OF TARIFF

This tariff sets forth the service offerings, rates, terms, and conditions applicable to the furnishing of intrastate communications services to business Customers within the State of California by The Company In addition to the rates listed in this tariff, applicable service charges, taxes and fees, federal, state and local surcharges are added to the Customers bill as listed in Section 2 - Rule No. 9, Rendering and Payment of Bills. The charges, taxes and fees are updated periodically in compliance with California resolutions.

This tariff applies only for the use of the Company’s services for communications between points within the State of California; this includes the use of the Company’s network to complete an end to end intrastate communication.

A copy of the Company’s current tariff is available on the Company’s website at www.twtelecom.com.

All applicable charges associated with any detariffed service may be found in the Company’s Price List of Detariffed/Nonregulated Services, California Price List No. 6, on the Company’s website at: http://www.tariffs.net/twtelecom2/states.asp.




SERVICE AREA MAP The Company has been authorized by the CPUC to provide competitive local exchange service within the areas of the State of California identified on the following map, which depicts the combined service areas of Pacific Bell and Verizon as shown on the CPUC Telephone Exchange Map revised 2/94. The Company has also been authorized by the CPUC to provide resold telecommunications toll services throughout the entire state of California.



1.0 RATE SCHEDULES

Schedule 1: Directory Assistance A Directory Assistance charge applies per call to all interLATA calls made from points within the State. The Customer may make requests for one telephone number per call to Directory Assistance. The Directory Assistance Charge applies regardless of whether or not the operator is able to supply the requested number.

Per call to directory assistance: $0.85



1.0 RATE SCHEDULES

Schedule 2 – Toll Blocking 2.1 Toll Blocking

Toll Blocking is an optional feature that permits a Customer to restrict access from its telephone lines or trunks to certain toll services. The following toll service blocking options are available at no charge to the Company’s long distance business Customers.

Blocking Option Description

0+ Restricts access to IntraLATA and InterLATA calls placed through the local operator

00+ Restricts access to IntraLATA and InterLATA calls placed through the long

distance operator

01 Restricts access to operator assisted international calls

0+NPA+555 Restricts access to directory assistance. (Access to directory assistance will be permitted via 411 unless the Customer also requests 411 blocking.)

411 Restricts access to directory assistance. (Access to directory assistance will be

permitted via O+NPA+555 unless the Customer also requests O+NPA+555 blocking.)

011 Restricts access to all international direct dialed calls and all direct dialed calls to

the following Caribbean countries: Anguilla; Bahamas; British Virgin Islands; Dominican Republic; Jamaica; Northern Marianas Islands; St. Vincent and Grenadines; Antigua/Barbuda; Barbados; Cayman Islands; Grenada; Midway/Wake Island; St. Kitts & Nevis Islands; Trinidad and Tobago; American Samoa; Bermuda; Dominica; Guam; Montserrat; St. Lucia; and Turks & Caicos. This option includes “O1” restriction for access to operator assisted international calling.

900, 971, 974, 976 & 700 NPA Blocking - allows the Customer to block all calls beginning with the NPA of 900, 971, 974, 976 and 700 i.e. 900-XXX-XXXX) from being placed.



2.0 - RULES No. 1 Definitions

Authorized User - A person, firm, corporation, or any other entity authorized by the Customer to communicate utilizing the Carrier’s service.

Call - A Customer attempt for which the complete address code is provided.

Commission - The California Public Utilities Commission.

Company or Carrier - Level 3 Telecom of California, LP, unless otherwise clearly indicated by the context.

Customer - The person, firm, corporation or other entity which orders, cancels, amends or uses service and is responsible for payment of charges and compliance with the Company’s rate sheet.

Dedicated Access - See Special Access.

End User - Any person, firm, corporation, partnership or other entity which uses the services of the Carrier under the provisions and regulations of this rate sheet. The End User is responsible for payment unless the charges for the services utilized are accepted and paid by another Customer.

Equal Access - The ability of the Carrier to serve End Users on a presubscribed basis rather than through the use of dial access codes.

LATA - Local Access and Transport Area. A geographic area established by the U.S. District Court for the District of Columbia in Civil Action No. 17-49, within which a local exchange company provides communications services.

LEC - Local Exchange Company

Message - See “Call” as defined above.

Premises - A building or buildings on contiguous property.

Special Construction - Service configurations specifically designed and constructed at a Customer’s request.

Subscriber - The person, firm, Customer, corporation or other entity that arranges for the Company to provide, discontinue or rearrange telecommunications services on behalf of itself or others under the provisions and terms of this rate sheet.



2.0 - RULES, (CONT’D.) No. 2 Description of Service

A. The Company is a facilities-based local service common carrier providing intrastate long distance message toll telephone service on a resold basis to Customers for the transmission and reception of voice, data, and other types of communications. This service would either be provided via a switched or switchless environment.

B. The Company offers intrastate telecommunications service in conjunction with interstate

service.

C. Long distance usage charges are based on the actual usage of the Company’s network. Chargeable time begins when a connection is established between the calling station and the called station. Chargeable time ends when either party “hangs up” thereby releasing the network connection. Charges may vary by service offering, class of call, time of day, day of week, call duration, and/or volume and term commitment.

D. No charges apply to incomplete calls.

No. 3 Application for Service

Service is installed by arrangement between the Company and the Customer. Customers must presubscribe their equal access telephone line(s) to the Company or dial the appropriate access code to reach the Company’s services.

No. 4 Contracts

[Copies of contracts no longer required as part of the tariff under Decision 90-08-032, August 8, 1990.]



2.0 - RULES, (CONT’D.) No. 5 Special Information Required On Forms

[Business forms no long required as part of the tariff under Decision 90-08-032, August 8, 1990] No. 6 Establishment and Re-establishment of Credit

The Company may require Customers or potential customers to provide information pertaining to their financial ability to pay for service. The Company may deny service to Customers who do not provide the requested information or who fail to meet the Company’s financial criteria. The Company does not require advance payments from Customers. If service was discontinued for non-payment of charges, the Company may request additional information from the Customer and reserves the right to collect an advance payment prior to re-establishing service.



2.0 - RULES, (CONT’D.) No. 7 Advance Payments, Deposits, and Guarantors

A. Advance Payments

At the time an application for service is made, an applicant may be required to pay an amount equal to one month’s service charges and/or the service connection and/or equipment charges which may be applicable as well as any nonrecurring charges for any required special construction. The amount of the first month’s service is credited to the Customer’s account on the first bill rendered.

B. Deposits

1. Requirement: The Company, to safeguard its interests, will require a Customer to

make a cash deposit, or to post a bond, prior to the provision of long distance service, to be held by the Company as guarantee for payment of future charges.

2. Nondiscrimination: Deposits will not be required by the Company based on race,

sex, creed, national origin, marital status, age, number of dependents, condition of physical handicap, source of income, or geographical area of business.

3. Amount: The amount of the deposit shall not exceed twice the estimated average

monthly bill for the class of service for which the deposit is to be applied. Interest on deposits will be set at the 3-month commercial paper rate published by the Federal Reserve Board, except no interest will be paid if the Customer has received a minimum of two discontinuance of service notices in a 12-month period. The fact that a deposit has been made neither relieves the Customer from complying with the Company’s regulations on the prompt payment of bills on presentation nor constitutes a waiver or modification of the regulations of the Company providing for the discontinuance of service for nonpayment of any sums due the Company for services rendered.



2.0 - RULES, (CONT’D.) No. 7 Advance Payments, Deposits, and Guarantors, (Cont’d.)

B. Deposits, (Cont’d.)

4. Refund upon Discontinuance: Upon discontinuance or termination of service, the Company will credit the deposit to the charges stated on the final bill. The balance, if any, will be returned to the Customer within 30 days of discontinuance of service, and will include any interest on the deposit as set forth above.

5. Refund after Satisfactory Payment: After prompt and timely payment of all charges

for 12 consecutive billing periods, within 30 days, the Company will refund the deposit to the Customer. The refund will include interest at the rate set forth above. Payment of a charge is satisfactory if received prior to the date that the charge becomes delinquent provided that it is not returned for insufficient funds or closed account.

6. Deposit Receipt:

Each deposit receipt shall contain the following provisions:

“This deposit, less the amount of any unpaid bills for service furnished by Level 3 Telecom of California, LP, shall be refunded, together with any interest due, within 30 calendar days after the discontinuance of service, or after 12 months of service, whichever comes first. However, deposits may not receive interest if the Customer has received a minimum of two notices of discontinuance of service for nonpayment of bills in a 12-month period.”



2.0 - RULES, (CONT’D.) No. 7 Advance Payments, Deposits, and Guarantors, (Cont’d.)

B. Deposits, (Cont’d.)

7. Deposits shall not be required if the applicant:

a. Provides a satisfactory credit history acceptable to the Company. Credit information contained in the applicant’s account record may include, but shall not be limited to, account established date, “can-be-reached” number, name of employer, employer’s address, Customer’s driver’s license number or other acceptable personal identification, billing name, and location of current and previous service. Credit cannot be denied for failure to provide social security number.

b. A co-signer or guarantor may be used provided the co-signer or guarantor

has acceptable credit history with the Company or another acceptable local exchange carrier.

c. The Company cannot refuse a deposit to establish credit for service.

However, it may request that the deposit be in cash or other acceptable form of payment (e.g., cashier’s check, money order, bond, letter of credit, etc.).

No. 8 Notices

Notice of late payment and possible disconnection may be sent to Customers, when applicable. Such notice will be sent via First Class U.S. Mail.



2.0 - RULES, (CONT’D.) No. 9 Rendering and Payment of Bills

A. The Customer is responsible for payment of all charges for services and equipment furnished to the Customer or to an Authorized User of the Customer by the Company. All charges due by the Customer are payable to the Company or to the Company’s authorized billing agent (such as a local exchange telephone company).

B. The Customer shall be responsible for all calls placed by or through Customer’s equipment

by any person. In particular and without limitation to the foregoing, the Customer is responsible for any calls placed by or through the Customer’s equipment via any remote access features. The Customer is responsible for all calls placed via their authorization code as a result of the Customer’s intentional or negligent disclosure of the authorization code.

C. Customer payments are considered prompt when received by the Company or its agent by

the due date on the bill. The due date is 30 days after the bill is rendered, and in any event, no sooner than 22 calendar days from the date of presentation, and is designated by the due date on the Customer’s bill to timely pay the charges stated. The Company will credit a payment effective on the same business day such payment is received.

D. Collection fees on unpaid charges shall begin to accrue at the rate of one-and-one-half

percent (1.5%) per month when the account is assigned to an outside collection agency. Such collection fees are separate and distinct from attorney’s fees and other costs incurred in collecting charges owed to the Company. The nonprevailing party may be liable for reasonable courts costs and attorney fees as determined by the CPUC or the court.



2.0 - RULES, (CONT’D.) No. 9 Rendering and Payment of Bills, (Cont’d.)

E. Pursuant to Resolution T-16901, all telecommunications carriers are required to apply CPUC mandated Public Program Surcharge rates and the CPUC Reimbursement Fee rate to intrastate services. For a list of the Public program surcharges and Reimbursement Fee, and the amounts, please refer to the Pacific Bell (d/b/a SBC California) tariffs.

- Exclusions to the CPUC mandated Public Program Surcharge rates are as

follows:

1. Universal Lifeline Telephone Service (ULTS) billings 2. Charges to other certificated carriers for services that are to be resold 3. Coin Sent paid telephone calls (coin in box) and debit card calls 4. Customer-specific contracts effective before September 15, 1994 5. Usage Charges for coin-operated pay telephones 6. Directory advertising 7. One-way radio paging

- Exclusions to the CPUC Reimbursement Fee rate are as follows:

1. Directory advertising and sales 2. Terminal equipment sales 3. Inter-utility sales

F. A bill will not include any previously unbilled charge for service furnished prior to three

months immediately preceding the date of the bill, with the following exceptions: collect calls, credit card calls, third party billed calls, “error file” (calls which cannot be billed due to the unavailability of complete billing information to the LEC). An additional exception for backbilling is permitted for a period of one and one-half years in cases involving toll fraud.

G. The Company reserves the right to deny a request for additional services or restoration of

services unless and until the Customer’s account is in current status.

H. Partial use of the Company’s services during one billing cycle will be calculated on a prorated basis. All charges appearing on the Customer’s bill reflect the currently tariffed rates. Any delay or lag in billing will not result in a higher total charge other than for taxes, surcharges and fees that are based on a percentage of the bill) than if the usage had been posted to the account in the same billing cycle in which the service was used.



2.0 - RULES, (CONT’D.) No. 9 Rendering and Payment of Bills, (Cont’d.)

I. A charge of $25.00 will be assessed for any check or other form or payment returned by the drawee bank or other financial institution for insufficient or uncollected funds, closed account, apparent tampering, missing signature or endorsement, or any other insufficiency or discrepancy necessitating return of the instrument at the discretion of the drawee bank of financial institution. This charge will be assessed in addition to any charges assessed by the drawee bank or any other financial institution.



2.0 - RULES, (CONT’D.) No. 10 Disputed Bills Procedure

Objections to billed charges must be reported to the Company within 120 days of receipt of billing. Any claim not filed within this time period shall be deemed waived Claims must include all supporting documentation and may be submitted online at https://customerportal.twtelecom.com or by telephone at 1-877-453-8353. The Company shall make adjustments to the Customer’s invoice to the extent that circumstances existing which reasonably indicate that such changes are appropriate.

1. The undisputed portion of the bill and subsequent bills, other than the disputed amount, must

be paid by the “Due by” date shown on the bill. If the undisputed portion of the bill and subsequent bills become delinquent as described in Rule No. 8, the service may be subject to disconnection if the Company has notified the Customer by written notice of such delinquency and impending termination.

2. If there is still disagreement about the disputed amount after an investigation and review by a

manager of the Company, the Customer may appeal to the Consumer Affairs Branch (“CAB”) of the CPUC for an investigation and decision. To avoid disconnection of service, the Customer must submit the claim and, if the bill has not been paid, deposit the amount in dispute with CAB within 7 calendar days after the date on which the Company notifies the Customer that the investigation and review have been completed and that such deposit must be made or service will be disconnected.

3. The Company shall respond within 10 business days to requests for information issued by

CAB. CAB will review the Customer’s claim of the disputed amount, communicate the results of its review to the Customer and the Company, and disburse the monies deposited by the Customer.

https://customerportal.twtelecom.com/



2.0 - RULES, (CONT’D.) No. 10 Disputed Bill Procedure, (Cont’d.)

The Customer has the right to refer billing disputes and any other complaints to the Company at:

Level 3 Telecom of California, LP National Operations Center 1025 Eldorado Boulevard Broomfield, CO 80021 Maintenance 1-877-453-8353 Billing and all other Inquiries 1-877-453-8353

In the case of a billing dispute or other complaint which is not resolved to the Customer’s satisfaction by the billing agency or the Company, the Customer may appeal to the Public Utilities Commission of the State of California at either of the following locations:

California Public Utilities Commission State Office Building 505 Van Ness Avenue- Room 2003 San Francisco, California 94102 (415) 703-1170 (800) 649-7570 (415) 703-2032 TDD email: [email protected]



2.0 - RULES, (CONT’D.) No. 11 Discontinuance and Restoration of Service

The Company will comply with the Rules adopted by the Commission in D.91188 regarding service denial or disconnection for use of telecommunications service in violation with the law.

A. Service may be canceled by the Customer by providing verbal or written notice to the

Company.

B. The Company may discontinue service to the Customer without liability by providing seven (7) days written notice for:

1. Violations of any regulation governing the service under this tariff.

2. A violation of any law, rule, or regulation of any government authority having

jurisdiction over the service.

3. Non-payment of bills for telephone service.

4. Neglect or refusal to provide the Company reasonable access for the purpose of inspection and maintenance of equipment owned by the Company.

5. When necessary for the Company to comply with any order or request of any

governmental authority having jurisdiction.

6. Customer use of the equipment or network in such as manner as to adversely affect the Company’s equipment or the Company’s service to others.

7. Tampering with the equipment furnished and owned by the Company.

C. Service may be refused or disconnected in the event of illegal use or of intent to defraud the

Company. The Company may disconnect service for this reason after sending written notice certified mail to the Customer’s last known address.



2.0 - RULES, (CONT’D.) No. 11 Discontinuance and Restoration of Service, (Cont’d.)

D. Service may be restored after discontinuance for nonpayment if the Customer establishes credit worthiness. The Company reserves the right to collect a deposit for re-establishment of service.

E. The Company reserves the right to refuse to re-establish service to Customer for whom

service was disconnected due to reasons of fraud, tampering with equipment, violations of rules and regulations, or similar reasons.

F. See also Rule No. 3.

No. 12 Optional Rates and Information to be Provided the Public

Customers will be promptly notified of new, revised or optional rates available to them from the Company. Pertinent information regarding the Company’s service is available upon request and open to public inspection by inquiring in person or writing to:

Level 3 Telecom of California, LP 1025 Eldorado Boulevard Broomfield, CO 80021

1-877-453-8353

No. 13 Temporary Service

From time to time, the Company may agree to install temporary service for a Customer for demonstration purposes only. Such service will not be continued for more than 30 days. Calls placed by Customers on such temporary service will be subject to the rates and regulations provided in this tariff.



2.0 - RULES, (CONT’D.) No. 14 Continuity of Service

A. Credit allowance for interruptions of service which are not due to Carrier’s testing or adjusting, to the negligence of the Customer, or to the failure of channels, equipment or communications system provided by Customer, are subject to the general liability provisions set forth in Section 3.1, herein. It shall be the obligation of the Customer to notify the Carrier of any interruptions in service. Before giving such notice, Customer shall ascertain that the trouble is not being caused by any action or omission of Customer, not within his control, or is not in wiring or equipment connected to the terminal of Carrier.

B. The use and restoration of service in emergencies shall be in accordance with Part 64,

Subpart D of the Federal Communications Commission’s Rules and Regulations, which specifies the priority system for such activities.

No. 15 Extensions

The Company does not offer extension service.



2.0 - RULES, (CONT’D.)

No. 16 Service Connections and Facilities on Customers’ Premises

A. Service furnished by the Company may be interconnected with services or facilities of other authorized communications common carriers and with private systems, subject to technical limitations established by the Company. The Company does not undertake to provide any special facilities, equipment, or services to enable the Customer to interconnect the facilities or the equipment of the Company with services or facilities of other common carriers or with private systems.

B. Interconnection with the services or facilities of other common carriers shall be under the

applicable terms and conditions of this tariff and the other common carrier’s tariffs.

B. The Customer shall ensure that the facilities or equipment provided by the Customer are properly interconnected with the facilities or equipment of the Company. If the Customer maintains or operates the interconnected facilities or equipment in a manner which results or may result in harm to the Company’s facilities, equipment, personnel, or the quality of service, the Company may, upon written notice, require the use of protective equipment at the Customer’s expense. If this written notice fails to eliminate the actual or potential harm, the Company may, upon written notice, terminate the existing service of the Customer.

D. The Customer is responsible for usage charges, damages and loss resulting from the

unauthorized or fraudulent use by the Customer, its agents, employees or third parties, of the services provided hereunder if such charges, damages or loss results from the failure, malfunction, inadequacy or failure to properly secure Customer-provided equipment.



2.0 - RULES, (CONT’D.) No. 17 Cancellation of Application for Service

Where the Customer or applicant cancels an application for service prior receipt of firm order confirmation (FOC), or prior to the start of special construction, no charge applies.

Where installation of service has been started (after FOC) prior to the cancellation, a cancellation charge equal to the costs incurred by the Company may apply, but in no case shall such charge exceed the charge for the applicable installation charges.

No. 18 Minimum Period

The minimum period for which services are provided and for which rates and charges are applicable is one month unless otherwise specified in this tariff or by mutually agreed upon contract. When a service is discontinued prior to the expiration of the minimum period, charges are applicable, whether the service is used or not.

No. 19 Automatic Number Identification

The Company will provide Automatic Number Identification (ANI) associated with an intrastate service by tariff to any entity (ANI recipient) only under the following terms and conditions:

A. The ANI recipient or its designated billing agent may use or transmit ANI information to

third parties for billing and collection, routing, screening, ensuring network performance, and completion of a telephone subscriber’s call or transaction, or for performing a service directly related to the subscriber’s original call or transaction.

B. The ANI recipient may offer to any telephone subscriber with whom the ANI recipient has

an established Customer relationship, a product or service that is directly related to products or service previously purchased by the telephone subscriber from the ANI recipient.

C. The ANI recipient or its designed billing agent is prohibited from utilizing ANI information

to establish marketing lists or to conduct outgoing marketing calls, except as permitted by the preceding paragraph, unless the ANI recipient obtains the prior written consent of the telephone subscriber permitting the use of ANI information for such purposes. The foregoing provisions notwithstanding, no ANI recipient or its designated billing agent may utilize ANI information if prohibited elsewhere by law.



2.0 - RULES, (CONT’D.) No. 19 Automatic Number Identification, (Cont’d.)

D. The ANI recipient or its designated billing agent is prohibited from reselling, or otherwise disclosing ANI information to any other third party for any use other than those specified above, unless the ANI recipient obtains the Customer’s prior written consent to such resale or disclosure.

E. Violation of the foregoing terms and conditions by any ANI recipient other than the

Company telephone corporation shall result, after a determination through the Commission’s complaint process, in suspension of the transmission of ANI by the Company until such time as the Commission receives written confirmation from the ANI recipient that the violations have ceased or have been corrected. If the Commission determines that there been three or more separate violations in a 24 month period, delivery of ANI to the offending party shall be terminated under the terms and conditions determined by the Commission.

No. 20 Negotiated Rates and Competitive Discounts

Customized service packages at Negotiated Rates or Competitive Discounts may be furnished on a case-by-case basis in response to request by Customers of the Company for proposals or for competitive bids. Service offered under this provision will be provided to Customers pursuant to contract.

Competitive Discounts are available to Customer purchasing services with a contract period of 24 months or greater. Competitive Discounts shall not exceed 30%.

Specialized rates or charges will be made available to similarly-situated Customers on a nondiscriminatory basis. The Company will consider the following factors when establishing special pricing arrangements: (1) the LATA in which the Customer is located; (2) the horizontal and vertical distance from the central office to the Customer’s premises; (3) the availability and location of the network facilities; (4) the type of service; (5) the price of the service; (6) the number of lines (circuits) being used; and (7) the length of the contract terms.



2.0 - RULES, (CONT’D.) No. 21 Service Level Standards and Credit Allowance for Interruptions in Service

A. Service Level Standards

The Company offers the following service level standards for long distance facilities:

Criterion Definition Standard Dial Tone Delay

The specific time between Customer’s going off-hook and the receipt of dial tone from the service telephone central office

2.0 seconds maximum

Post Dial Delay

The time from when the last digit is dialed to the moment the phone rings at the receiving location

2.0 seconds maximum

Noise Unwanted electrical signals introduced into the telephone lines

by circuit component or natural disturbances which tend to degrade the performance of the line.

17 dBrnC maximum

Signal Loss The diminishment of the signal level strength resulting in decay

and quality of the call and signaling 3 dB maximum

Minimum Loop Current

Minimum level of current between the originating and terminating locations of a call required to support accurate signaling on the call.

23 mA

Grade of Service

The probability that an attempted call will receive a busy signal, expressed as a decimal fraction. This factor is applicable only to the Company’s network and not to any portions of the underlying network provided by another telephone service carrier.

P.01 or better

Change of RespOrg

The transition of management and administration of a Customer’s 8XX telephone number records in the 8XX Service Management System. This standard is applicable when a Customer transfers 8XX telephone number service from one carrier to another.

10 days maximum



2.0 - RULES, (CONT’D.) No. 21 Service Level Standards and Credit Allowance for Interruptions in Service, (Cont’d.)

B. Calculation of Credit for Service Interruption

The Company guarantees that long distance facilities shall have a minimum service availability of 99.99%. Availability is defined as the time the Company’s network is available for processing a telephone call. Upon Customer’s request, Company shall credit Customer’s invoice for service interruptions of five minutes or more. Credit allowance will be calculated as a percentage of the monthly recurring charge for the affected service(s) as follows:

Length of Interruption Credit Allowance More than 5 minutes up to 4 hours 5% More than 4 hours up to 8 hours 10% More than 8 hours up to 12 hours 15% More than 12 hours up to 16 hours 20% More than 16 hours up to 24 hours 35% More than 24 hours 50%



3.0 - GENERAL REGULATIONS 3.1 Limitations of Service

A. Service is offered subject to the availability of the necessary facilities and/or equipment and subject to the provisions of this tariff. The Company may decline applications for service to or from a location where the necessary facilities or equipment are not available. The Company may discontinue furnishing service in accordance with the terms of this tariff.

B. The Company reserves the right to discontinue or limit service when necessitated by

conditions beyond its control (examples of these conditions are more fully set forth elsewhere in this tariff), or when service is used in violation of provisions of this tariff or the law.

C. The Company does not undertake to transmit messages, but offers the use of its service when

available, and, as more fully set forth elsewhere in this tariff, shall not be liable for errors in transmission or for failure to establish connections.

D. The Company reserves the right to discontinue service, limit service, or to impose

requirements as required to meet changing regulatory or statutory rules and standards, or when such rules and standards have an adverse material affect on the business or economic feasibility of providing service, as determined by the Company in its reasonable judgment.

E. All service provided by the Company is directly or indirectly controlled by the Company and

the Customer may not transfer or assign the use of service without the express prior written consent of the Company. Such transfer or assignment shall only apply where there is no interruption of the use or location of service. All contracted terms and conditions shall apply to all such permitted transferees or assignees, as well as all conditions of service.



3.0 - GENERAL REGULATIONS, (CONT’D.) 3.2 Use of Service

A. Service may be used for any lawful purpose by the Customer or by any End User.

B. The Customer obtains no property right or interest in the use of any specific type of facility, service, equipment, number, process, or code. All right, title and interest to such items remain, at all times, solely with the Company.

C. Recording of telephone conversations of service provided by the Company under this tariff is

prohibited except as authorized by applicable federal, state and local laws.



3.0 - GENERAL REGULATIONS, (CONT’D.) 3.3 Responsibilities of the Customer

The Customer is responsible for: 1) placing any necessary orders; 2) complying with tariff regulations; 3) for assuring that users comply with tariff regulations; 4) payment of charges for calls originated from the Customer’s telephone lines.

The Customer is responsible for arranging access to its premises at times mutually agreeable to Company and the Customer when required for installation, repair, maintenance, inspection or removal of equipment associated with the provision of Company services.

The Customer is responsible for maintaining its terminal equipment and facilities in good operating condition. The Customer is liable for any loss, including loss through theft, of any Company equipment installed at Customer’s premises.

The Customer shall be responsible for all calls placed by or through Customer’s equipment by any person. In particular and without limitation to the foregoing, the Customer is responsible for any calls placed by or through the Customer’s equipment via any remote access features. The Customer is responsible for all calls placed via their authorization code as a result of the Customer’s intentional or negligent disclosure of the authorization code.



3.0 - GENERAL REGULATIONS, (CONT’D.) 3.4 Liability for Calling Card Fraud

The Customer is liable for the unauthorized use of the Company’s service obtained through the fraudulent use of a Company calling card, provided that the unauthorized use occurs before the Company has been notified.

The Customer’s liability for unauthorized use shall not exceed the lesser of $50.00 or the amount of services obtained by unauthorized use prior to notification to the Company. Notwithstanding the foregoing, in situations where the Company issues 10 or more calling cards to a Customer for use by its employees, the Company and the Customer may agree on the Customer’s liability for unauthorized use on a case by case basis without regard to this subsection.

3.5 Cancellation by Customer

Customer may cancel service by providing 30 days written notice to the Company. If the Customer terminates service prior to completion of the term, the Customer will be liable for charges for the balance of the term based on an average of all previous months’ usage. If the Customer’s service is terminated prior to the completion of the term shown above, the amount of the cash deposit for long distance service will be applied to termination charges.



3.0 - GENERAL REGULATIONS, (CONT’D.) 3.6 Privacy

The Company shall not make available to any other person or corporation Customer information that is not public without first obtaining the Customer’s consent in accordance with Public Utilities Code Sections 2891, 2891.1 and 2893. The Company will provide each new Customer, and on an annual basis for existing Customers, a description of how the Company handles the Customer’s private information and a disclosure of ways in which such information might be used or transferred that would not be obvious to the Customer. The Company is subject to the privacy rules set forth in Appendix B of California Public Utilities Commission Decision Nos. 83-06-066, 83-06-073, and 83-09-061.

Notwithstanding the above, there are instances where the Company may be required to release certain non-public Customer information without first notifying the Customer and obtaining written consent. Consistent with the California Public Utilities Code, the Company will provide required Customer information to an emergency agency responding to a 911 call, or other call communicating an imminent threat to life or property, to a law enforcement agency in response to lawful process, to a collection agency for the purpose of collecting unpaid debts, to the CPUC pursuant to its jurisdiction, to other telephone companies, including local and long distance carriers, as necessary to provide telephone service within or between service areas, to the Federal Communications Commission or the CPUC in response to orders regarding the provision of services over the Company’s facilities by parties other than the Company. In addition, except for Customers subscribing to non-published numbers, the Company will release information that is customarily provided in a subscriber directory or through directory assistance services. Finally, the Company may provide the names and addresses of Customers subscribing to Lifeline service to other certificated California utilities for use in outreach programs directed towards low-income subscribers.

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