Cap Tariff

Competitive Access Provider Tariff — ManagedWay Company, M.P.S.C. No. 2R. Original filing 2015; preserved here verbatim from the PDF on file with the Michigan Public Service Commission.

MANAGEDWAY COMPANY Original Sheet - 1
Tariff M.P.S.C. No. 2R

COMPETITIVE ACCESS PROVIDER CARRIER

MANAGEDWAY COMPANY

REGULATIONS AND SCHEDULE OF CHARGES
FOR BUSINESS AND ENTERPRISE SERVICES

This rate sheet contains the descriptions, regulations and rates applicable to the furnishing of competitive
access service and facilities for telecommunications services provided by ManagedWay Company
(“Company”) within the State of Michigan. This rate sheet is on file with the Michigan Public Service
Commission. Copies may be inspected during normal business hours at the Company’s principal place of
business at 24275 Northwestern Hwy. Ste. 100 Southfield, MI 48075.

ISSUED UNDER AUTHORITY OF SEC 202 OF THE MICHIGAN TELECOMMUNICATIONS ACT.
Issued: June 1, 2015 Effective: June 2, 2015
Reese Serra – Counsel
24275 Northwestern Hwy. Ste. 100 Southfield, MI 48075 - (888) 745-6948
MANAGEDWAY COMPANY Original Sheet - 2
Tariff M.P.S.C. No. 2R

CHECK SHEET

Sheets of this rate sheet are effective as of the date shown at the bottom of the respective sheet(s). Original and
revised sheets as named below comprise all changes from the original rate sheet and are currently in effect as of
the date on the bottom of this sheet.
SHEET REVISION SHEET REVISION SHEET REVISION
1 Original 28 Original
2 Original 29 Original
3 Original 30 Original
4 Original 31 Original
5 Original 32 Original
6 Original 33 Original
7 Original 34 Original
8 Original 35 Original
9 Original 36 Original
10 Original 37 Original
11 Original 40 Original
12 Original 41 Original
13 Original 42 Original
14 Original 43 Original
15 Original 44 Original
16 Original 45 Original
17 Original 46 Original
18 Original 46 1st Revised
19 Original 47 RESERVED
20 Original 48 Original
21 Original 49 3rd Revised*
22 Original 50 3rd Revised*
23 Original 51 Original
24 Original RESERVED
25 Original
26 Original
27 Original

TABLE OF CONTENTS

Title Page ........................................................................................................................................1

Check Sheet...................................................................................................................................... 2

Table of Contents ............................................................................................................................. 3

Symbols............................................................................................................................................ 4

Rate Sheet Format ............................................................................................................................ 5

Section 1 - Definitions ..................................................................................................................... 6

Section 2 - Rules and Regulations ................................................................................................. ..9

Section 3 - Ordering Options for Access Service .......................................................................... 45

Section 4 - Contracts and Individual Case Basis Arrangements..................................................... 46

SYMBOLS

The following symbols shall be used in this tariff for the purpose indicated below:

(D) To signify discontinued rate or regulation.

(I) To signify increased rate.

(N) To signify new rate or regulation.

(R) To signify reduced rate.

RATE SHEET FORMAT

A. Sheet Numbering - Sheet numbers appear in the upper right corner of the sheet. Sheets are numbered
sequentially. However, new sheets are occasionally added to the rate sheet. When a new sheet is added
between sheets already in effect, a decimal is added. For example, a new sheet added between sheets 14 and
15 would be 14.1.

B. Sheet Revision Numbers - Revision numbers also appear in the upper right corner of each sheet. These
numbers are used to determine the most current sheet version on file with the Commission. For example, the 4th
revised Sheet 14 cancels the 3rd revised Sheet 14. Because of various suspension periods, deferrals, etc. the
Commission follows in its rate sheet approval process, the most current sheet number on file with the
Commission is not always the sheet in effect. Consult the Check Sheet for the sheet currently in effect.

C. Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of coding is
subservient to the next higher level:

2.
2.1
2.1.1
2.1.1.A.
2.1.1.A.1.
2.1.1.A.1.(a)
2.1.1.A.1.(a).I.
2.1.1.A.1.(a).I.(i).
2.1.1.A.1.(a).I.(i).(1).

D. Check Sheets - When a rate sheet filing is made with the Commission, an updated Check Sheet
accompanies the rate sheet filing. The Check Sheet lists the sheets contained in the rate sheet, with a cross-
reference to the current revision number. When new sheets are added, the Check Sheet is changed to reflect the
revision. All revisions made in a given filing are designated by an asterisk (*). There will be no other symbols
used on this sheet if these are the only changes made to it (i.e., the format, etc. remain the same, just revised
revision levels on some sheets.) The rate sheet user should refer to the latest Check Sheet to find out if a
particular sheet is the most current on file with the Commission.

SECTION 1 - DEFINITIONS

Certain terms used generally throughout this rate sheet for the Access Services of this Company are defined
below.

Access Service: Switched Access to the network of an Interexchange Carrier for the purpose of originating or
terminating communications.

Access Service Request (ASR): The industry service order format used by Access Service Customers and
access providers as agreed to by the Ordering and Billing Forum.

Access Tandem: An Exchange Carrier's switching system that provides a concentration and distribution
function for originating or terminating traffic between local switching centers and Customers' premises.

Authorized User: A person, firm, corporation or other entity that either is authorized by the Customer to use
Access Services or is placed in a position by the Customer, either through acts or omissions, to use Access
Services.

Carrier or Common Carrier: See Interexchange Carrier or Exchange Carrier.

Co-Carrier: Any other Telecommunications provider authorized by the Commission to provide local exchange
service in the state.

Commission: The Michigan Public Service Commission.

Common Channel Signaling (CCS): A high-speed packet switched communications network which is separate
(out of band) from the public packet switched and message networks. It is used to carry addressed signaling
messages for individual trunk circuits and/or database related services between signaling points in the CCS
network.

SECTION 1 - DEFINITIONS, (Cont’d)

Company: ManagedWay Company, issuer of this rate sheet.

Competitive Access Provider (“CAP”): A company which provides network links between the customer
and the IntereXchange Carrier or directly to the Internet Service Provider. CAPs operate private
networks independent of Local Exchange Carriers.

Customer: The person, firm, corporation or other entity which orders Service and is responsible for the
payment of charges and for compliance with the Company's rate sheet regulations. The Customer could be an
interexchange carrier, a wireless provider, or any other carrier authorized to operate in the state.

End User: Any individual, association, corporation, governmental agency or any other entity other than an
Interexchange Carrier which subscribes to intrastate service provided by an Exchange Carrier.

Entrance Facility: A trunk facility connecting the Customer’s point of presence with the local switching center.

Exchange Carrier: Any individual, partnership, association, joint-stock company, trust, governmental entity or
corporation engaged in the provision of local exchange service.

Firm Order Confirmation (FOC): Acknowledgment by the Company of receipt of an Access Service Request
from the Customer and commitment by the Company of a Service Date.

Individual Case Basis: A service arrangement in which the regulations, rates and charges are developed based
on the specific circumstances of the Customer's situation.

SECTION 1 - DEFINITIONS, (Cont’d)

Local Access: The connection between a Customer's premises and a point of presence of the Exchange Carrier.

Meet Point: A point of interconnection that is not an end office or tandem.

Network Services: The Company's telecommunications Access Services offered on the Company's Network.
Non-Recurring Charges: The one-time initial charges for services or facilities, including but not limited to
charges for construction, installation, or special fees, for which the Customer becomes liable at the time the
Service Order is executed.

Point of Presence: Location where the Customer maintains a facility for purposes of interconnecting to the
Company's Network.

Premises: The space occupied by a Customer or Authorized User in a building or buildings or on contiguous
property (except railroad rights-of-way, etc.).

Recurring Charges: The monthly charges to the Customer for services, facilities and equipment, which
continue for the agreed upon duration of the service.

Service Order: The written request for Network Services executed by the Customer and the Company in a
format devised by the Company; or, in the alternative, the submission of an Access Service Request by the
Customer in the manner specified in this rate sheet.

Service(s): The Company's telecommunications Access Services offered on the Company's Network.

Signaling Point of Interface: The Customer designated location where the SS7 signaling information is
exchanged between the Company and the Customer.

Signaling System 7 (SS7): The common Channel Out of Band Signaling protocol developed by the
Consultative Committee for International Telephone and Telegraph (CCITT) and the American National
Standards Institute (ANSI).

SECTION 1 - DEFINITIONS, (Cont’d)

Switched Access Service: Access to the switched network of an Exchange Carrier for the purpose of
originating or terminating communications. Switched Access is available to carriers, as defined in this rate
sheet.

Trunk: A communications path connecting two switching systems in a network, used in the establishment of an
end-to-end connection.

SECTION 2 - RULES AND REGULATIONS

2.1 Undertaking of Company

2.1.1 Scope

The Company installs, operates, and maintains the communications services provided herein in
accordance with the terms and conditions set forth under this Rate Sheet. The Company may act as the
Customer’s agent for ordering access connection facilities provided by other carriers or entities as
required in the Commission’s rules and orders, when authorized by the Customer, to allow connection
of a Customer’s location to the Company network. The Customer shall be responsible for all charges
due for such service agreement. The Company’s services and facilities are provided on a monthly basis
unless otherwise indicated, and are available twenty-four hours per day, seven days per week.

This Tariff applies only to the extent that services provided hereunder are used by a Customer for
the purpose of originating or terminating intrastate communications. A communication is
“intrastate” only if all points of origin and termination are located within the State of Michigan.

Company is a facilities based provider of wholesale competitive Access Services. Service is offered
via the Company’s facilities or in combination with transmission facilities of other companies. The
dedicated high-speed digital service provided includes the furnishing of intrastate interLATA and
intraLATA Dedicated Telecommunications services in connection with one-way and/or two-way
information transmission originating from residential user points within the State of Michigan.
Company may also lease its dedicated and private line communications infrastructure to enterprise.
customers for data networks.

SECTION 2 - RULES AND REGULATIONS (Cont’d)

2.1.2 Shortage of Equipment or Facilities

A. The Company reserves the right to limit or to allocate the use of existing facilities, or of
additional facilities offered by the Company when necessary because of lack of facilities or
due to some other cause beyond the Company's control.

B. The furnishing of service under this rate sheet is subject to the availability on a continuing
basis of all the necessary facilities and is limited to the capacity of the Company’s facilities as
well as facilities the company may obtain from other Carriers from time to time, to furnish
service as required at the sole discretion of the Company.

C. The provisioning and restoration of service in emergencies shall be in accordance with Part
64, Subpart D, Appendix A of the Federal Communications Commission's Rules and
Regulations, which specifies the priority system for such activities.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.1 Undertaking of Company, (Cont’d)

2.1.3 Terms and Conditions

A. The Company’s services may be used for any lawful purpose consistent with the
transmission and switching parameters of the telecommunications facilities utilized in
the provision of services. The Customer remains liable for all obligations under this
Tariff and the Company shall have no liability to any person or entity other than the
Customer.

B. Except as otherwise provided herein, service is provided and billed on the basis of a
minimum period of at least one month, and shall continue to be provided until
canceled by the Customer, in writing, on not less than 30 days notice. Unless
otherwise specified herein, for the purpose of computing charges in this rate sheet, a
month is considered to have 30 days.

C. Customers seeking to cancel service have an affirmative obligation to block traffic
originating from or terminating to the Company’s network. By originating traffic
from or originating traffic to the Company’s network, the Customer will have
constructively ordered the Company’s switched access service.

D. The Customer agrees to operate Company-provided equipment in accordance with
instructions of the Company or the Company's agent. Failure to do so will void
Company liability for interruption of service and may make the Customer responsible
for damage to equipment pursuant to section 2.1.3.D below.

E. The Customer agrees to return to the Company all Company-provided equipment
delivered to Customer within five (5) days of termination of the service in connection
with which the equipment was used. Said equipment shall be in the same condition
as when delivered to Customer, normal wear and tear only excepted. Customer shall
reimburse the Company, upon demand, for any costs incurred by the Company due to
Customer's failure to comply with this provision.

2.1 Undertaking of Company, (Cont’d)

2.1.3 Terms and Conditions, (Cont’d)

F. The use of the Company’s services without payment for service or attempting to
avoid payment for service by fraudulent means or devices, schemes, false or invalid
numbers is prohibited.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.1 Undertaking of Company, (Cont’d)

2.1.4 Liability of the Company

A. The liability of the Company for damages arising out of the furnishing of its Services,
including but not limited to mistakes, omissions, interruptions, delays, errors, other
defects, or representations by the Company, or use of these services or damages
arising out of the failure to furnish the service whether caused by act or omission,
shall be limited to the extension of allowances for interruption as set forth in 2.6
below. The extension of such allowances for interruption shall be the sole remedy of
the Customer and the sole liability of the Company. The Company will not be liable
for any direct, indirect, incidental, special, consequential, exemplary or punitive
damages to Customer as a result of any Company service, equipment or facilities, or
the acts or omissions or negligence of the Company's employees or agents.

B. With respect to any other claim or suit, by a Customer or by any others, for damages
associated with the ordering (including the reservation of any specific number for use
with a service), installation (including delays thereof), provision, termination,
maintenance, repair interruption or restoration of any service or facilities offered
under this rate sheet, and subject to the provisions of the Company's liability, if any,
shall be limited as provided herein.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.1 Undertaking of Company, (Cont’d)

2.1.4 Liability of the Company, (cont’d)

C. The Company shall not be liable for any delay or failure of performance or
equipment due to causes beyond its control, including but not limited to: acts of God,
fire, flood, explosion or other catastrophes; any law, order, regulation, direction
action, or request of The United States government or of any other government,
including state and local governments having or claiming jurisdiction over the
Company, or of any department, agency, commission, bureau, corporation, or other
instrumentality of any one or more of these federal, state, or local governments, or of
any military authority; preemption of existing service in compliance with national
emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials;
or strikes, lockouts work stoppages, or other labor difficulties.

D. The Company shall not be liable for (a) any act or omission of any entity furnishing
the Company or the Company's Customers facilities or equipment used for the
interconnection with Access Services; or (b) for the acts or omissions of other
Common Carriers.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.1 Undertaking of Company, (Cont’d)

2.1.4 Liability of the Company, (cont’d)

E. The Company shall not be liable for any damages or losses due to the fault or
negligence of the Customer or due to the failure or malfunction of Customer-
provided equipment or facilities.

F. The Customer shall indemnify and hold the Company harmless from any and all loss,
claims, demands, suits, or other actions, or any liability whatsoever, whether suffered,
made, instituted, or asserted by any other party or person(s), and for any loss,
damage, or destruction of any property, whether owned by the Customer or others,
caused or claimed to have been caused directly or indirectly by the installation,
operation, failure to operate, maintenance, removal, condition, location, or use of any
installation or equipment provided by the Company. The Company reserves the right
to require each Customer to sign an agreement acknowledging acceptance of the
provisions of this Section 2.1.4.F as a condition precedent to such installations.

G. The Company shall not be liable for any defacement of or damage to Customers
Premises resulting from the furnishing of services or equipment on such Premises or
the installation or removal thereof, unless such defacement or damage is caused by
the gross negligence or willful misconduct of the Company's agents or employees.
No agents or employees of other participating Carriers shall be deemed to be agents
or employees' of the Company.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.1 Undertaking of Company, (Cont’d)

2.1.4 Liability of the Company, (cont’d)

H. Notwithstanding the Customer's obligations as set forth in Section 2.3 below, the
Company shall be indemnified, defended and held harmless by the Customer, or by
others authorized by it to use the service, against any claim, loss or damage arising
from Customer's use of services furnished under this rate sheet, including: claims for
libel, slander, invasion of privacy or infringement of copyright arising from the
material, data, information, or other content transmitted via the Company's service;
and patent infringement claims arising from combining or connecting the service
offered by the Company with apparatus and systems of the Customer or others; all
other claims arising out of any act or omission of the Customer or others, in
connection with any service provided by the Company pursuant to this rate sheet.

I. The Company shall be indemnified and held harmless by the End User against any
claim, loss or damage arising from the End User's use of services offered under this
rate sheet including: claims for libel, slander, invasion of privacy or infringement of
copyright arising from the End User's own communications; patent infringement
claims arising from the End User's combining or connecting the service offered by
the Company with facilities or equipment furnished by the End Us er of another
Interexchange Carrier; or all other claims arising out of any act or omission of the
End User in connection with any service provided pursuant to this rate sheet.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.1 Undertaking of Company, (Cont’d)

2.1.4 Liability of the Company, (cont’d)

J. The entire liability of the Company for any claim, loss, damage or expense from any
cause whatsoever shall in no event exceed sums actually paid to the Company by the
Customer for the specific services giving rise to the claim, and no action or
proceeding against the Company shall be commenced more than one year after the
service is rendered.

K. The Company makes no warranties or representation, express or implied, including
warranties or merchant’s ability or fitness for a particular use, except those expressly
set forth herein.

L. The Company shall not be liable for any act or omission of any other company or
companies furnishing a portion of the service, or for damages associated with service,
Channels, or equipment which result from the operation of Customer-provided
systems, equipment, facilities or service which are interconnected with Company
services.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.1 Undertaking of Company, (Cont’d)

2.1.4 Liability of the Company, (cont’d)

M. The Company does not guarantee nor make any warranty with respect to service
installations at locations at which there is present an atmosphere that is explosive,
prone to fire, dangerous or otherwise unsuitable for such installations. The customer
and End User shall indemnify and hold the Company harmless from any and all loss,
claims, demands, suits or other actions, or any liability whatsoever, whether suffered,
made, instituted or asserted by the Customer or by any other party, for any personal
injury to, or death of, any person or persons, or for any loss, damage or destruction of
any property, whether owned by the Customer or others, caused or claimed to have
been caused directly or indirectly, by the installation, operation, failure to operate,
maintenance, removal, presence, condition, locations or use of service furnished by
the Company at such locations.

N. The Company shall not be liable for the Customer's failure to fulfill its obligations to
take all necessary steps including, without limitation, obtaining, installing and
maintaining all necessary equipment, materials and supplies, for interconnecting the
terminal equipment or communications system of the Customer, or any third party
acting as its agent, to the Company's Network. The Customer shall secure all licenses,
permits, rights-of-way, and other arrangements necessary for such interconnection. In
addition, the Customer shall ensure that its equipment and/or system or that of its
agent is properly interfaced with the Company's service, that the signals emitted into
the Company's Network are of the proper mode, band-width, power, data speed, and
signal level for the intended use of the Customer and in compliance with the criteria
set forth in Section 2.1.6 following, and that the signals do not damage Company
equipment, injure its personnel or degrade service to other Customers. If the
Customer or its agent fails to maintain and operate its equipment and/or system or
that of its agent properly, with resulting imminent harm to Company equipment,
personnel, or the quality of service to other Customers, the Company, may, upon
written notice, require the use of protective equipment at the Customer's expense. If
this fails to produce satisfactory quality and safety, the Company may, upon written
notice, terminate the Customer's service without liability.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.1 Undertaking of Company, (Cont’d)

2.1.5 Notification of Service-Affecting Activities

The Company will provide the Customer reasonable notification of service-affecting activities
within its control that may occur in normal operation of its business. Such activities may
include, but are not limited to, equipment or facilities additions, removals or rearrangements
and routine preventative maintenance. Generally, such activities are not specific to an
individual Customer but affect many Customers' services. No specific advance notification
period is applicable to all service activities. The Company will work cooperatively with the
Customer to determine the reasonable, notification requirements. With some emergency or
unplanned service-affecting conditions, such as an outage resulting from cable damage,
notification to the Customer may not be possible.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.1 Undertaking of Company, (Cont’d)

2.1.6 Provisions of Equipment and Facilities

A. The Company shall use reasonable efforts to make available services to a Customer
on or before a particular date, subject to the provisions of and compliance by the
Customer with, the regulations contained in this rate sheet. The Company does not
guarantee availability by any such date and shall not be liable for any delays in
commencing service to any Customer.

B. The Company shall use reasonable efforts to maintain facilities and equipment that it
furnishes to the Customer. The Customer may not, nor may the Customer permit
others to, rearrange, disconnect, remove, attempt to repair or otherwise interfere with
any of the facilities or equipment installed by the Company, except upon the written
consent of the Company.

C. The Company may substitute, change or rearrange any equipment or facility at any
time and from time to time, but shall not thereby alter the technical parameters of the
service provided the Customer.

D. Equipment the Company provides or installs at the Customer Premises for use in
connection with the services the Company offers shall not be used for any purpose
other than that for which the Company provided it.

E. The Customer shall be responsible for the payment of service charges imposed on the
Company by another entity, for visits to the Customer Premises when the service
difficulty or trouble report results from the use of equipment or facilities provided by
any party other than the Company, including but not limited to the Customer.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.1 Undertaking of Company, (Cont’d)

2.1.6 Provisions of Equipment and Facilities, (cont’d)

F. The Company shall not be responsible for the installation, operation, or maintenance
of any Customer provided communications equipment. Where such equipment is
connected to the facilities furnished pursuant to this rate sheet, the responsibility of
the Company shall be limited to the furnishing of facilities offered under this rate
sheet and to the maintenance and operation of such facilities. Notwithstanding the
above, the Company shall not be responsible for:

1. the transmission of signals by Customer-provided equipment or for the
quality of, or defects in, such transmission;

2. the reception of signals by Customer-provided equipment; or

3. network control signaling where such signaling is performed by Customer-
provided network control signaling equipment.

G. The Company intends to work cooperatively with the Customer to develop network
contingency plans in order to maintain maximum network capability following
natural or man-made disasters which affect telecommunications services.

H. The Company reserves the reasonable right to assign, designate or change telephone
numbers, any other call number designations associated with Access Services, or the
Company serving central office prefixes associated with such numbers, when
necessary in the conduct of its business.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.1 Undertaking of Company, (Cont’d)

2.1.7 Non-routine Installation

At the Customer's request, installation and/or maintenance may be performed outside the
Company's regular business hours or in unusual locations. In such cases, charges based on
cost of the actual labor, material, or other costs incurred by or charged to the Company will
apply. If installation is started during regular business hours but, at the Customer's request,
extends beyond regular business hours into time periods including, but not limited to,
weekends, holidays, and/or night hours, additional charges may apply.

2.1.8 Special Construction

Subject to the arrangement of the Company and to all of the regulations contained in this rate
sheet, special construction of facilities may be undertaken on a reasonable efforts basis at the
request of the Customer. Special construction is that construction undertaken and
characterized by one or more of the following:

A. where facilities are not presently available and there is no other requirement for the
facilities so constructed;

B. of a type other than that which the Company would normally utilize in the furnishing
of its services;

C. where facilities are to be installed over a route other than that which the Company
would normally utilize in the furnishing of its services;

D. where facilities are requested in a quantity greater than that which the Company
would normally construct;

E. where installation is on an expedited basis;

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.1 Undertaking of Company, (Cont’d)

2.1.8 Special Construction, (cont’d)

F. on a temporary basis until permanent facilities are available;

G. installation involving abnormal costs; or

H. in advance of its normal construction schedules.

Special construction charges for Switched Access Service will be determined on an individual
use basis.

2.1.9 Ownership of Facilities

Title to all facilities provided in accordance with this rate sheet remains in the Company, its
agents, contractors or suppliers.

2.2 Prohibited Uses

2.2.1 The services the Company offers shall not be used for any unlawful purposes or for any use as
to which the Customer has not obtained all required governmental approvals, authorizations,
licenses, consents and permits.

2.2.2 The Company may require applicants for service who intend to use the Company's offerings
for resale and/or for shared use to file a letter with the Company confirming their use of the
Company's offerings complies with relevant laws and applicable state regulations, policies,
orders, and decisions; and if the Reseller intends to provide intrastate services, is certified
with the appropriate state entity.

2.2.3 The Company may require a Customer to immediately shut down its transmission of signals if
said transmission is causing interference to others.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.3 Obligations of the Customer

2.3.1 General

The Customer shall be responsible for:

A. the payment of all applicable charges pursuant to this tariff;

B. reimbursing the Company for damage to, or loss of, the Company's facilities or
equipment caused by the acts or omissions of the Customer; or the noncompliance by
the Customer with these regulations; or by fire or theft or other casualty on the
Customer Premises, unless caused by the negligence or willful misconduct of the
employees or agents of the Company. The Company will, upon reimbursement for
damages to its facilities or equipment, cooperate with the Customer in prosecuting a
claim against the person causing such damage and the Customer shall be subjugated
in the Company's right of recovery of damages to the extent of such payment;

C. providing at no charge, as specified from time to time by the Company, any needed
personnel, equipment space and power to operate Company facilities and equipment
installed on the premises of the Customer, and the level of heating and air
conditioning necessary to maintain the proper operating environment on such
premises;

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.3 Obligations of the Customer, (Cont’d)

2.3.1 General, (cont’d)

D. obtaining, maintaining, and otherwise having full responsibility for all rights-of-way
and conduits necessary for installation of fiber optic cable and associated equipment
used to provide Communication Services to the Customer from the cable building
entrance or property line to the location of the equipment space described in 2.3.1.C.
Any and all costs associated with obtaining and maintaining the rights-of-way
described herein, including the costs of altering the structure to permit installation of
the Company- provided facilities, shall be borne entirely by, or may be charged by
the Company to, the Customer. The Company may require the Customer to
demonstrate its compliance with this section prior to accepting an order for service;

E. providing a safe place to work and complying with all laws and regulations regarding
the working conditions on the premises at which Company employees and agents
shall be installing or maintaining the Company's facilities and equipment. The
Customer may be required to install and maintain Company facilities and equipment
within a hazardous area if, in the Company's opinion, injury or damage to the
Company's employees or property might result from installation or maintenance by
the Company. The Customer shall be responsible for identifying, monitoring,
removing and disposing of any hazardous material (e.g. friable asbestos) prior to any
construction or installation work;

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.3 Obligations of the Customer, (Cont’d)

2.3.1 General, (cont’d)

F. complying with all laws and regulations applicable to, and obtaining all consents,
approvals, licenses and permits as may be required with respect to, the location of
Company facilities and equipment in any Customer premises or the rights-of-way for
which Customer is responsible under Section 2.3.1.D; and granting or obtaining
permission for Company agents or employees to enter the premises of the Customer
at any time for the purpose of installing, inspecting, maintaining, repairing, or upon
termination of service as stated herein, removing the facilities or equipment of the
Company;

G. not creating any liens or other encumbrances on the Company's equipment or
facilities; and

H. making Company facilities and equipment available periodically for maintenance
purposes at a time agreeable to both the Company and the Customer. No allowance
will be made for the period during which service is interrupted for such purposes.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.3 Obligations of the Customer, (Cont’d)

2.3.2 Claims

With respect to any service or facility provided by the Company, Customers shall indemnify,
defend and hold harmless the Company from and against all claims, actions, damages,
liabilities, costs and expenses, including reasonable attorneys' fees for:

A. any loss, destruction or damage to the property of the Company or any third party, or
death or injury to persons, including, but not limited to, employees or invitees of
either party, to the extent caused by or resulting from the negligent or intentional act
or omission of the Customer, its employees, agents, representatives or invitees; or

B. any claim, loss, damage, expense or liability for infringement of any copyright,
patent, trade secret, or any proprietary or intellectual property right of any third party,
arising from any act or omission by the Customer, including, without limitation, use
of the Company's services and facilities in a manner not contemplated by the
agreement between the Customer and the Company.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.4 Customer Equipment and Channels

2.4.1 General

A Customer may transmit or receive information or signals via the facilities of the Company.

2.4.2 Station Equipment

A. The Customer is responsible for providing and maintaining any terminal equipment
on the Customer Premises. The electric power consumed by such equipment shall be
provided by, and maintained at the expense of, the Customer. All such terminal
equipment must be registered with the FCC under 47 C.F.R., Part 68 and all wiring
must be installed and maintained in compliance with those regulations. The Company
will, where practicable, notify the Customer that temporary discontinuance of the use
of a service may be required; however, where prior notice is not practicable, nothing
contained herein shall be deemed to impair the Company’s right to discontinue
forthwith the use of a service temporarily if such action is reasonable under the
circumstances. In case of such temporary discontinuance, the Customer will be
promptly notified and afforded the opportunity to correct the condition which gave
rise to the temporary discontinuance. During such period of temporary
discontinuance, credit allowance for service interruptions as set forth in Section 2.6
following is not applicable.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.4 Customer Equipment and Channels, (Cont’d)

2.4.2 Station Equipment, (cont’d)

B. The Customer is responsible for ensuring that Customer-provided equipment
connected to Company equipment and facilities is compatible with such equipment
and facilities. The magnitude and character of the voltages and currents impressed on
Company- provided equipment and wiring by the connection, operation, or
maintenance of such equipment and wiring shall be such as not to cause damage to
the Company-provided equipment and wiring or injury to the Company’s employees
or other persons. Any additional protective equipment required to prevent such
damage or injury shall be provided by the Company at the Customer’s expense.

2.4.3 Interconnection of Facilities

A. Any special interface equipment necessary to achieve compatibility between the
facilities and equipment of the Company used for furnishing Access Services and the
Channels, facilities, or equipment of others shall be provided at the Customer’s
expense.

B. Access Services may be connected to the services or facilities of other
communications carriers only when authorized by, and in accordance with, the terms
and conditions of the tariffs of the other communications carriers which are
applicable to such connections.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.4 Customer Equipment and Channels, (Cont’d)

2.4.4 Inspections

A. Upon reasonable notification of the Customer, and at reasonable times, the Company
may make such tests and inspections as may be necessary to determine that the
Customer is complying with the requirements set forth in Section 2.4.2.B for the
installation, operation, and wiring in the connection of Customer-provided facilities
and equipment to Company-owned facilities and equipment. No credit will be
allowed for any interruptions occurring during such inspections.

B. If the protective requirements for Customer-provided equipment are not being
complied with, the Company may take such action as it deems necessary to protect its
facilities, equipment, and personnel. The Company will notify the Customer
promptly if there is any need for further corrective action. Within ten days of
receiving this notice, the Customer must take this corrective action and notify the
Company of the action taken. If the Customer fails to do this, the Company may take
whatever additional action is deemed necessary, including the suspension of service,
to protect its facilities, equipment, and personnel from harm. The Company will,
upon request 24 hours in advance, provide the Customer with a statement of
technical parameters that the Customer’s equipment must meet.

2.5 Payment Arrangements

2.5.1 Payment for Service

The Customer is responsible for payment of all charges for services and facilities furnished by
the Company to the Customer or its Joint or Authorized Users.
A. Taxes

The Customer is responsible for the payment of any sales, use, gross receipts, excise,
access or other local, state and federal taxes, charges or surcharges (however
designated) excluding taxes on the Company’s net income imposed on or based upon
the provision, sale or use of Access Services. All such taxes shall be separately
designated on the Company’s invoices.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.5 Payment Arrangements, (Cont’d)

2.5.2 Billing and Collection of Charges

Unless otherwise specified herein, bills are due and payable upon receipt.

The Company shall bill on a current basis all charges incurred by, and credits due to, the
Customer under this Tariff attributable to services established, provided, or discontinued
during the preceding billing period. Any known unbilled charges for prior periods and any
known adjustments also will be applied to the current bill.

Non-Recurring Charges are due and payable within 25 days after the invoice date.

The Company shall present invoices for all Charges monthly to the Customer.

Amounts not paid within 25 days after the date of invoice will be considered past due. The
Company will assess a late payment charge equal to 1.5% per month for any past due balance
that exceeds 25 days. If the Company becomes concerned at any time about the ability of a
Customer to pay its bills, the Company may require that the Customer pay its bills within a
specified number of days and make such payments in cash or the equivalent of cash.

If a service is disconnected by the Company in accordance with Section 2.5.3 following and
later restored, restoration of service will be subject to all applicable installation charges.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.5 Payment Arrangements, (Cont’d)

2.5.2 Billing and Collection of Charges, (cont’d)

The Customer shall notify the Company of any disputed items on an invoice within 30 days of
receipt of the invoice. If the Customer and the Company are unable to resolve the dispute to
their mutual satisfaction, the Customer may file a complaint with the Commission in
accordance with the Commission’s rules of procedures.

Any disputed charges must be paid when due. After the dispute is settled, the Customer will
be credited with any payments in excess of those actually due the Company. The Company
will also remit interest for all such credited amounts. Interest will be paid at rate required by
the Commission for customer deposits.

In the event the Company incurs fees and expenses, including attorney’s fees, in collecting, or
attempting to collect, any charges owed the Company, the Customer will be liable to the
Company for the payment of all such fees and expenses reasonably incurred.

2.5.3 Refusal and Discontinuance of Service

The Discontinuance of Service by the company pursuant to this Section does not relieve the
Customer of any obligations to pay the company for charges due and owing for service(s)
furnished up to the time of discontinuance.

The remedies set forth herein shall not be exclusive and the Company shall at all times be
entitled to all rights available to it under either law or equity.

A. Upon nonpayment of any amounts owing to the Company, the Company may, by
giving requisite prior written notice to the Customer discontinue or suspend service
without incurring any liability.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.5 Payment Arrangements, (Cont’d)

2.5.3 Refusal and Discontinuance of Service, (cont’d)

B. Upon violation of any of the other material terms or conditions for furnishing service
the Company may, by giving 30 days' prior notice in writing to the Customer,
discontinue or suspend service without incurring any liability if such violation
continues during that period.

C. Upon condemnation of any material portion of the facilities used by the Company to
provide service to a Customer or if a casualty renders all or any material portion of
such facilities inoperable beyond feasible repair, the Company, by notice to the
Customer, may discontinue or suspend service without incurring any liability.

D. Upon any governmental prohibition, or required alteration of the services to be
provided or any violation of an applicable law or regulation, the Company may
immediately discontinue service without incurring any Liability.

E. Upon the Company's discontinuance of service to the Customer under Section
2.5.3.A or 2.5.3.B above, the Company, in addition to all other remedies that may be
available to the Company at law or in equity or under any other provision of this rate
sheet, may declare all future monthly and other charges which would have been
payable by the Customer during the remainder of the term for which such services
would have otherwise been provided to the Customer to be immediately due and
payable.

F. The Company may discontinue the furnishings of any and/or all service(s) to
Customer, without incurring any liability:

1. Immediately and without notice if the Company deems that such action is
necessary to prevent or to protect against fraud or to otherwise protect its
personnel, agents, facilities or services. The Company may discontinue
service pursuant to this sub-section 2.5.3.F.1.(a-e), if

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.5 Payment Arrangements, (Cont’d)

2.5.3 Refusal and Discontinuance of Service, (cont’d)

F. (cont’d)

1. (cont’d)

(a) The Customer refuses to furnish information to the Company
regarding the Customer's credit-worthiness, its past or current use of
Common Carrier communications services or its planned use of
service(s); or

(b) The Customer provides false information to the Company regarding
the Customer's identity, address, credit-worthiness, past or current
use of Common Carrier communications services, or its planned use
of the Company's service(s); or

(c) The Customer states that it will not comply with a request of the
Company for security for the payment for service(s) in accordance
with Section 2.5.3.A above; or

(d) The Customer has been given written notice by the Company of any
past due amount (which remains unpaid in whole or in part) for any
of the Company's other Common Carrier communications services
to which the Customer either subscribes or had subscribed or used;
or

(e) The Customer uses, or attempts or use, service with the intent to
void the payment, either in whole or in part, of the rate sheet
charges for the service by:

I. Using or attempting to use service by rearranging,
tampering with, or making connections to the Company's
service not authorized by this rate sheet, or

II. Using tricks, schemes, false or invalid numbers, false credit
devices, electronic devices; or

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.5 Payment Arrangements, (Cont’d)

2.5.3 Refusal and Discontinuance of Service, (cont’d)

F. (cont’d)
1 (con’d)
e. (Cont’d)

III. Intentionally Omitted. By delivering calls to or
accepting calls from the Company’s End User
locationsCompany switched local exchange services; or

IV. Continuing to have Company End Users presubscribed to
the Customer; or

V. Any other Fraudulent means or devices; or

2. Upon ten (10) days written notice to the Customer of any sum thirty (30)
days past due;

3. Upon ten (10) days written notice to the Customer, after failure of the
Customer to comply with a request made by the Company for security for the
payment of service in accordance with Section 2.5.3.A, above; or

4. Seven (7) days after sending the Customer written notice of noncompliance
with any provision of this rate sheet if the noncompliance is not corrected
within that seven (7) day period. The discontinuance of service(s) by the
Company pursuant to this Section does not relieve the Customer of any
obligation to pay the Company for charges due and owing for service(s)
furnished up to the time of discontinuance.

G. In the event the Company incurs fees or expenses, including attorney's fees, in
collecting, or attempting to collect, any charges owed the Company, the Customer

will be liable to the Company for the payment of all such fees and expenses
reasonably incurred.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.5.4 Cancellation of Application for Service

Where, prior to cancellation by the Customer, the Company incurs any expenses in installing
the service or in preparing to install the service that it otherwise would not have incurred, a
charge equal to the costs the Company incurred, less net salvage, shall apply, but in no case
shall this charge exceed the sum of the charge for the minimum period of services ordered,
including installation charges, and all charges others levy against the company that would
have been chargeable to the Customer had service begun.

The special charges described will be calculated and applied on a case-by-case basis.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.6 Allowances for Interruptions in Service

Interruptions in service which are not due to the negligence of or noncompliance with the provisions
of this rate sheet 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 in 2.6.1 for the part
of the service that the interruption affects.

The credit allowance will be calculated by the Company after the Customer notifies the Company of
service interruption. The amount of the allowance will depend on the length of the outage and the
service impacted. Service Outage conditions are defined as complete loss of send or receipt
capability. Credit Allowances, if any, will be deducted from the charges payable by the IXC and
will be expressly indicated on the next invoice. A Service Outage begins when the IXC reports the
outage to the Company. A Service Outage ends when the affected circuit and/or associated Company
equipment is fully operational in accordance with the technical specifications.

Credit allowances do not apply to outages (i) caused by the IXC; (ii) due to failure of equipment
provided by the IXC; (iii) during any period in which The Company is not given access to the service
premises; (iv) failures of LEC facilities or equipment which are carrying the failures resulting from the
activities or negligence of LEC employees; (vi) inability to gain access to the IXC's equipment; and
(vii) due to mutually agreed upon maintenance and repair.

Credit Allowances received by the Company from the LEC for Off-Net facility outages which affects
the IXC's Switched Services will be passed through to the IXC in the form of a credit on the next
invoice.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.6 Allowances for Interruptions in Service, (Cont’d)

2.6.1 Limitations on Allowances

No credit allowance will be made for:

A. interruptions due to the negligence of, or noncompliance with the provisions of this
rate sheet by, the Customer, Authorized User, Joint-User, or other Common Carrier
providing service connected to the service of Company;

2. interruptions due to the negligence of any person other than the Company, including,
but not limited to, the Customer or other Common Carriers connected to the
Company's facilities;

C. interruptions due to the failure or malfunction of non-Company equipment;

D. 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;

E. interruptions of service during a period in which the Customer continues to use the
service on an impaired basis;

F. 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;

G. interruption of service due to circumstances or causes beyond the control of the
Company

H. interruption of switched service less than 24 hours in duration.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.7 Transfers and Assignments

Neither the Company nor the Customer may assign or transfer its rights or duties in connection with
the services and facilities provided by the Company without the written consent of the other party,
except that the Company may assign its rights and duties (a) to any subsidiary, parent Company or
affiliate of the Company (b) pursuant to any sale or transfer of substantially all the assets of the
Company; or pursuant to any financing, merger or reorganization of the Company.

2.8 Notices and Communications

2.8.1 The selection by a Company’s End User of the Customer as the presubscribed IXC
constitutes an order of switched access by the Customer. In these cases, an invoice will be the
first communication from the Company to the Customer. In other instances a Service Order
may be used.

2.8.2 The Customer shall designate on the Service Order an address to which the Company shall
mail or deliver all notices and other communications, except that the Customer may also
designate a separate address to which the Company's bills for service shall be mailed.

2.8.3 The Company shall designate on the Service Order an address to which the Customer shall
mail or deliver all notices and other communications, except that the Company may designate
a separate address, on each bill for service, to which the Customer shall mail payment on that
bill.

2.8.4 All notices or other communications required to be given pursuant to this rate sheet shall 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 deposit 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.

2.8.5 The Company or the Customer shall advise the other party of any changes to the addresses
designated for notices, other communications or billing, by following the procedures for
giving notice set forth herein.

SECTION 2 - RULES AND REGULATIONS, (Cont’d)

2.9 Meet Point Billing

Meet Point Billing applies when more than one Exchange Company is involved in the provision
of Access Service. All recurring and nonrecurring charges for services provided by each Exchange
Telephone Company are billed under each company's applicable rates as set forth below.

The Company accepts and adheres to the Ordering and Billing Forum guidelines, Multiple Exchange
Carrier Access Billing (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD).

SECTION 3 - ORDERING OPTIONS FOR ACCESS SERVICE

3.1 Miscellaneous Charges

Non-recurring Charges

Customer Requested Due Date Change1, 2 $50.00 per order

Customer Requested Expedite1,2 $250.00 per location, per order

Cancellation (after 3 business days from order placement)2 Full NRCs + $250.00 per order

Design Change, DS0/DS12 $150.00 per circuit

Design Change, DS3 and higher2 $300.00, per circuit

Administrative Processing2 $25.00 per order

Company Due Date Change Policy - No due date change accepted at or after four (4) days prior to the
current due date. If a Customer request is received during that time period, the supplemental charge
will apply and, in addition, the billing will start on the current due date without exception.

For services involving facilities leased from other telecommunications providers, Supplementary
Charges will be priced on an Individual Case Basis, and will be based upon a pass-through of all
charges assessed by other providers, and the Company’s administrative costs.

SECTION 4 - CONTRACTS AND INDIVIDUAL CASE BASIS ARRANGEMENTS

4.1 Contracts

The Company may provide any of the services offered under this rate sheet, or combinations of
services, to Customers on a contractual basis. The terms and conditions of each contract offering are
subject to the agreement of both the Customer and Company. Such contract offerings will be made
available to similarly situated Customers in substantially similar circumstances. Rates in other sections
of this rate sheet do not apply to Customers who agree to contract arrangements, with respect to
services within the scope of the contract.

Services provided under contract are not eligible for any promotional offerings which may be offered
by the Company from time to time.

Upon completion of any contractual arrangements entered into under this section, the Company will
file additional tariff sheets as an amendment to this tariff summarizing the services, rates, terms,
conditions, and duration of the contract, and will make the contract itself available to the Commission
upon the Commission’s request. The Company reserves the right to protection from public disclosure
of proprietary information contained in such contracts as allowed under law.

4.2 Individual Case Basis Arrangements

Arrangements will be developed on an individual case basis (ICB) in response to a bona fide special
request from a Customer or prospective Customer to develop a competitive bid for a service. ICB rates
will be offered to the Customer in writing and on a non-discriminatory basis.

Upon completion of any ICB arrangements entered into under this section, the Company will file
additional tariff sheets as an amendment to this tariff summarizing the services, rates, terms,
conditions, and duration of the contract, and will make the contract itself available to the Commission
upon the Commission’s request. The Company reserves the right to protection from public disclosure
of proprietary information contained in such contracts as allowed under law.