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Allowances for Interruptions in Service



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2.10 Allowances for Interruptions in Service


Interruptions in service, which are not due to the negligence of, or non-compliance with the provisions of this Tariff by the Customer, or the operation or malfunction of the facilities, power, or equipment provided by the Customer, will be credited to the Customer as set forth below for the part of the service that the interruption affects. A credit allowance will be made when an interruption occurs because of a failure of any component furnished by the Company under this Tariff.

2 General Rules and Regulations (cont’d)

2.10 Allowances for Interruptions in Service (cont’d)

2.10.1 Credit for Interruptions


a. An interruption period begins when the Customer reports a service, facility, or circuit to be interrupted and releases it for testing and repair. An interruption period ends when the service, facility, or circuit is operative. If the Customer reports a service, facility, or circuit to be inoperative but declines to release it for testing and repair, it is considered to be impaired, but not interrupted.
b. For calculating credit allowances, every month is considered to have 30 days. A credit allowance is applied on a pro rata basis against the rates specified hereunder and is dependent upon the length of the interruption. Only those facilities on the interrupted portion of the circuit will receive a credit.
c. A credit allowance will be given, upon request of the customer to the business office, for interruptions of 30 minutes or more. Credit allowances will be calculated as follows:
1. If interruption continues for less than 24 hours:

a) 1/30th of the monthly rate if it is the first interruption in the same billing period.

b) 2/30ths of the monthly rate if there was a previous interruption of at least 24 hours in the same billing period.
2. If interruption continues for more than 24 hours:

a) if caused by storm, fire, flood or other condition out of Company's control, 1/30th of the monthly rate for each 24 hours of interruption.

b) for other interruption, 1/30 of the monthly rate for the first 24 hours and 2/30ths of such rate for each additional 24 hours (or fraction thereof); however, if service is interrupted for over 24 hours, more than once in the same billing period, the 2/30ths allowance applies to the first 24 hours of the second and subsequent interruptions.

c) Two or more interruptions of 15 minutes or more during any one 24-hour period shall be considered as one interruption.

d) Credit to Customer

Credits attributable to any billing period for interruptions of service shall not exceed the total charges for that period for the service and

2 General Rules and Regulations (cont’d)

2.10 Allowances for Interruptions in Service (cont’d)
2.10.1 Credit for Interruptions (cont’d)
facilities furnished by the Company rendered useless or substantially impaired.

e) "Interruption" Defined

For the purpose of applying this provision, the word "interruption" shall mean the inability to complete calls either incoming or outgoing or both due to equipment malfunction or human errors. "Interruption" does not include and no allowance shall be given for service difficulties such as slow dial tone, circuits busy or other network and/or switching capacity shortages. Nor shall the interruption allowance apply where service is interrupted by the negligence or willful act of the subscriber or where the Company, pursuant to the terms of the Tariff, suspends or terminates service because of nonpayment of bills due to the company, unlawful or improper use of the facilities or service, or any other reason covered by the Tariff. No allowance shall be made for interruptions due to electric power failure where, by the provisions of this Tariff, the subscriber is responsible for providing electric power. Allowance for interruptions of message rate service will not affect the subscriber's local call allowance during a given billing period.


2.10.2 Limitations on Credit Allowances


No credit allowance will be made for:

  1. interruptions due to the negligence of, or non-compliance with the provisions of this Tariff, by any party other than the Company, including but not limited to the customer, authorized user, or other common carriers connected to, or providing service connected to, the service of the Company or to the Company's facilities;




  1. interruptions due to the failure or malfunction of non-Company equipment, including service connected to customer provided electric power;


2 General Rules and Regulations (cont’d)

2.10 Allowances for Interruptions in Service (cont’d)
2.10.2 Limitations on Credit Allowances (cont’d)


  1. interruptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions;




  1. interruptions of service during any period when the customer has released service to the Company for maintenance purposes or for implementation of a customer order for a change in service arrangements;



e. interruptions of service due to circumstances or causes beyond the control of the Company.

2.11 Automatic Number Identification

2.11.1 Regulations


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:


  1. 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 telephone subscriber's original call or transaction.




  1. 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.




  1. The ANI recipient or its designated billing agent is prohibited from utilizing ANI information to establish marketing lists or to conduct outgoing

2 General Rules and Regulations (cont’d)

2.11 Automatic Number Identification (cont’d)
2.11.1 Regulations (cont’d)
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.


  1. 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 listed in Provision 1, unless the ANI recipient obtains the prior written consent of the subscriber permitting such resale or disclosure.


e. Telephone Corporations must make reasonable efforts to adopt and apply procedures designed to provide reasonable safeguards against the aforementioned abuses of ANI.
f. Violation of any of the foregoing terms and conditions by any ANI recipient other than a Telephone Corporation shall result, after a determination through the Commission's complaint process, in suspension of the transmission of ANI by the Telephone Corporation 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 have been three or more separate violations in a 24 month period, delivery of ANI to the offending party shall be terminated under terms and conditions determined by the Commission.

2.11.2 Terms and Conditions



Violation of any of the foregoing terms and conditions by a Telephone Corporation may result in Commission prosecution of penalty and enforcement proceedings pursuant to Section 24, 25 and 26 of the Public Service Law.

2 General Rules and Regulations (cont’d)



2.12 Emergency/ Crisis/ Disaster Restoration and Provisioning - Telecommunications Service Priority

2.12.1 General


  1. The Telecommunications Service Priority (TSP) Program is a federal program used to identify and prioritize telecommunications services that support national security or emergency preparedness (NS/EP) missions.

NS/EP services are defined as those telecommunications services which are used to maintain a state of readiness or respond to and manage any event or crisis which causes or could cause injury or harm to the population, damage or loss to property, or degrades or threatens the NS/EP posture of the United States. TSP restoration and/or provisioning shall be provided in accordance with Part 64, Appendix A of the Federal Communications Commission's Rules and Regulations (47 C.F.R.), and the "Service Vendor Handbook for The Telecommunications Service Priority (TSP) Program" and the "Service User Manual for the Telecommunications Service Priority (TSP) System” (NCS Manual 3-1-1) (Service User Manual) issued and updated as necessary by the Office of Priority Telecommunications (OPT) of the National Communications

System. Any changes to or reissuance of these regulations or manuals supersede tariff language contained herein.




  1. The TSP program has two components, restoration and provisioning.

  1. A restoration priority is applied to new or existing telecommunications services to ensure restoration before any other services during a service outage. TSP restoration priorities must be requested and assigned before a service outage occurs.




  1. A provisioning priority is obtained to facilitate priority installation of new telecommunications services during a service outage. Provisioning on a priority basis becomes necessary when an end-user has an urgent requirement for a new NS/EP service that must be installed immediately or by a specific due date that can be met only by a shorter than standard or expedited Company provisioning time frame. As a matter of general practice, existing TSP services will be restored before provisioning new TSP services.


2 General Rules and Regulations (cont’d)

2.12 Emergency/ Crisis/ Disaster Restoration and Provisioning - Telecommunications Service Priority (cont’d)

2.12.2 TSP Request Process – Restoration


a. To request a TSP restoration priority assignment, a prospective TSP user must:


  1. Determine that the user’s telecommunications service supports an NS/EP function under one of the following four TSP categories.

    1. National Security Leadership

    2. National Security Posture and U.S. Population Attack Warning

    3. Public Health, Safety, and Maintenance of Law and Order

    4. Public Welfare and Maintenance of National Economic Posture



  1. Identify the priority level to be requested for the telecommunications service. The priority level is determined by the end-user's TSP category and service profile. The service profile defines the user's level of support to the portion of the telecommunications service that the user owns and operates, such as customer premises equipment or wiring. The five levels of priority and seven element groups that define the service profile are contained in the Service User Manual.




  1. Complete the TSP Request for Service Users form (SF 315) available on the National Communications System (NCS) website (http://www.dhs.gov/telecommunications-service-priority-tsp). For non-federal users, have their TSP requests approved by a federal agency sponsor. Non-federal users should contact the OPT, at the NCS website (http://tsp.ncs.gov/), for information on identifying a sponsor for TSP requests.




  1. Submit the SF 315 to the OPT.




  1. Upon receipt of the TSP Authorization Code from the OPT, notify the Company, and include the TSP Authorization Code in any service order to the Company requesting restoration of NS/EP services.




  1. To request a TSP provisioning priority assignment, a prospective TSP user must follow the same steps listed in 2.12.2.a. above for restoration

2 General Rules and Regulations (cont’d)

2.12 Emergency/ Crisis/ Disaster Restoration and Provisioning - Telecommunications Service Priority (cont’d)
2.12.2 TSP Request Process – Restoration (cont’d)
priority assignment except for the following differences. The user should:


  1. Certify that its telecommunications service is an Emergency service. Emergency services are those that support one of the NS/EP functions listed in 2.12.2.a.1 above and are so critical that they must be provisioned at the earliest possible time, without regard to cost to the user.

c. Verify that the Company cannot meet the service due date without a TSP assignment.


d. Obtain approval from the end-user's invocation official to request a provisioning priority. Invocation officials are designated individuals with the authority to request TSP provisioning for a telecommunications service, and include the head or director of a federal agency, commander of a unified/specified military command, chief of a military service, commander of a major military command, or state governor.

2.12.3 Responsibilities of the End-User


End-users or entities acting on their behalf must perform the following:


  1. Identify telecommunications services requiring priority.




  1. Request, justify, and revalidate all priority level assignments. Revalidation must be completed every 2 years, and must be done before expiration of the end-user's TSP Authorization Code(s).




  1. Accept TSP services by the service due dates.




  1. Have Customer Premises Equipment (CPE) and Customer Premises Wiring (CPW) available by the requested service due date and ensure (through contractual means or otherwise) priority treatment for CPE and CPW

necessary for end-to-end service continuity.
2 General Rules and Regulations (cont’d)

2.12 Emergency/ Crisis/ Disaster Restoration and Provisioning - Telecommunications Service Priority (cont’d)
2.12.3 Responsibilities of the End-User (cont’d)


  1. Pay the Company any authorized costs associated with priority services.




  1. Report to the Company any failed or unusable services with priority levels.




  1. Designate a 24-hour point of contact for each TSP request and apprise the OPT.




  1. Cooperate with the OPT during reconciliation (comparison of NS/EP service information and resolution of any identified discrepancies) and revalidation.

2.12.4 Responsibilities of the Company


The Company will perform the following:


  1. Provide TSP service only after receipt of a TSP authorization code.




  1. Revoke TSP services at the direction of the end-user or OPT.




  1. Ensure that TSP Program priorities supersede any other telecommunications priority that may be provided (other than control services and order wires).




  1. Designate a 24-hour point of contact to receive reports of TSP service outages from TSP service users.




  1. Designate a 24-hour point of contact to coordinate TSP processes with the OPT.




  1. Confirm completion of TSP service order activity to the OPT.




  1. Participate in reconciliation of TSP information at the request of the OPT.




  1. Ensure that all subcontractors complete reconciliation of TSP information with the service vendor.

2 General Rules and Regulations (cont’d)

2.12 Emergency/ Crisis/ Disaster Restoration and Provisioning - Telecommunications Service Priority (cont’d)
2.12.4 Responsibilities of the Company (cont’d)


  1. Ensure that other carriers supplying underlying facilities are provided information necessary to implement priority treatment of facilities that support NS/EP services.




  1. Assist in ensuring that priority level assignments of NS/EP services are accurately identified "end-to-end" by providing to subcontractors and interconnecting carriers the restoration priority level assigned to a service.




  1. Disclose content of the NS/EP TSP database only as may be required by law.




  1. Comply with regulations and procedures supplemental to and consistent with guidelines issued by the OPT.

2.12.5 Preemption


When spare facilities are not available, it may be for the Company to preempt the facilities required to provision or restore a TSP service. When preemption is necessary, non-TSP services may be preempted based on the Company's best judgment. If no suitable spare or non-TSP services are available, the Company may preempt an existing TSP service to restore a TSP service with a higher restoration priority assignment. When preemption is necessary, prior consent of the service user whose service will be preempted is not required; however, the Company will make every reasonable effort to notify the preempted customer of the action to be taken.


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