Reseller Telecommunications Services

Transcription

1 3055 Comcast Place 1st Revised Cal. P.U.C. Sheet No. 0-T Tariff Schedule Applicable to Reseller Telecommunications Services of Comcast Phone of California, LLC, d/b/a CIMCO, a Division of Comcast Business Services THIS TARIFF IS WITHDRAWN IN ITS ENTIRETY EFFECTIVE APRIL 30, 2016 (N) (N) This Tariff contains the descriptions, regulations and rates applicable to the furnishing of telecommunications services provided by Comcast Phone of California, LLC, d/b/a CIMCO, a Division of Comcast Business Services ( Company ) within the State of California. This Tariff is on file with the California Public Utilities Commission ( Commission ). A copy of this Tariff may be viewed on the Company s website located at Advice Letter No. 141 Date Filed: March 31, 2016 Effective: April 30, 2016

2 3055 Comcast Place 4th Revised Cal. P.U.C. Sheet No. 1-T Cancels 3rd Revised Cal. P.U.C. Sheet No. 1-T CHECK SHEET The Title Sheet and Sheets 1-T through 27-T inclusive of this tariff are effective as of the date shown at the bottom of the respective sheet(s). SHEET REVISION Title 1st Revised * 1-T 4th Revised * 2-T 3 Revised 3-T Original 4-T Original 5-T Original 6-T 2 Revised 7-T 1 Revised 8-T 1 Revised 9-T 3 Revised 9.1-T Original 10-T 1 Revised 11-T 1 Revised 12-T 1 Revised 13-T 3 Revised 14-T 1 Revised 14.1-T Original 15-T 1 Revised 16-T Original 17-T Original 18-T Original 19-T Original 20-T Original 21-T Original 22-T Original 23-T Original 24-T Original 25-T Original 26-T Original 27-T Original * Sheets submitted with this filing. Advice Letter No. 141 Date Filed: March 31, 2016 Effective: April 30, 2016

3 3055 Comcast Place 1st Revised Cal. P.U.C. Sheet No. 2-T Cancels Original Cal. P.U.C. Sheet No. 2-T TABLE OF CONTENTS Subject Matter Sheet No. Title Sheet Title Tariff Check Sheet 1 Table of Contents 2 Preliminary Statement 4 Explanation of Symbols 4 Service Area Map 5 Applicability 6 Territory 6 Notes 6 Statement Regarding Services, Rates, Terms and Conditions Pursuant to Commission Rates and Charges 8 A. Description of Services 8 Switched and Dedicated Interexchange Services 8 Integrated Services Digital Network 8 Premier Calling Card Service 9 Solution Calling Card Service 9 Promotions 9 B. Domestic Switched Service, Inbound Toll Free and Outbound C. Domestic Dedicated Service, Inbound Toll Free and Outbound D. ISDN (BRI) Service 11 E. Reserved 12 F. Premier Calling Card Service 13 G. Solution Calling Card Service 13 H. Surcharges 13 I. Individual Case Basis (ICB) Arrangements 14 J. Reconnection Fee 14 K. Access Recovery Charge 14 L. Account Fee 14 Taxes and Surcharges 14.1 Advice Letter No. 131 Date Filed: January 25, 2011 Effective: February 01, 2011

4 3055 Comcast Place Original Cal. P.U.C. Sheet No. 3-T Rules TABLE OF CONTENTS (Continued) Rule 1 - Definitions 15 Rule 2 - Undertaking of Company 16 Rule 3 - Contracts or Agreements 17 Rule 4 - Customer Responsibilities 17 Rule 5 - Deposits 17 Rule 6 - Notices 18 Rule 7 - Initiation or Changes in Service & Cancellation of Service 18 Rule 8 - Rendering and Payment of Bills 19 Rule 9 - Disputed Payment 19 Rule 10 - Cancellation of Service by Company 21 Rule 11 - Information to be Provided to the Public 23 Rule 12 - Continuity of Service 23 Rule 13 - Use of Service 24 Rule 14 - Limitations of Service 24 Rule 15 - Interconnection 25 Rule 16 - Liability of the Company 26 Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

5 3055 Comcast Place Original Cal. P.U.C. Sheet No. 4-T PRELIMINARY STATEMENT This tariff contains all effective rates and rules together with information relating, and applicable to Comcast Phone of California, LLC, d/b/a CIMCO, a Division of Comcast Business Services ( Company ). Company is a resale interexchange common carrier providing 24-hour interlata and intralata intrastate long distance message toll telecommunications service to Customers for their direct transmission and reception of voice and other types of communications between points in California. Company has been granted authority by the California Public Utilities Commission (CPUC) to provide interlata and intralata service within the State of California. EXPLANATION OF SYMBOLS (C) (D) (I) (L) (N) (R) To signify changed listing, rule or condition which may affect rates or charges. To signify deleted or discontinued rate, regulation or condition. To signify a change resulting in an increase to a Customer's bill. To signify that material has been relocated to another tariff location. To signify a new rate, regulation condition or sheet. To signify a change resulting in a reduction to a Customer's bill. To signify a change in text but no change to rate or charge. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

6 3055 Comcast Place Original Cal. P.U.C. Sheet No. 5-T SERVICE AREA MAP Company has been granted authority by the CPUC to provide interlata and intralata service within the State of California. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

7 3055 Comcast Place 2nd Revised Cal. P.U.C. Sheet No. 6-T Cancels 1st Revised Cal. P.U.C. Sheet No. 6-T APPLICABILITY This tariff contains the rates applicable to the provision of specialized intrastate resale common carrier telecommunications services by Comcast Phone of California, LLC, d/b/a CIMCO, a Division of Comcast Business Services between various locations within the State of California. Intrastate service is an add-on service available only if the Customer subscribes to the Company s interstate offerings. TERRITORY Interexchange telecommunications services are available for calls originating at any service location within the State and terminating within the State. NOTES (1) The Customer s long-distance usage charge is based on the actual usage of Company s service. Usage begins when the receiver of the called number is answered (i.e., when two-way communications, often referred to as conversation time, is possible.) The moment of the called party s answer is determined by hardware supervision in which the local telephone company sends a signal to the underlying carrier s switch or the software utilizing audio tone detection. The timing of the call begins when the called party answers and terminates when either party hangs up. (2) For all services, the minimum call duration for billing purposes is six (6) seconds with six (6) second billing increments thereafter. (C) (D) (D) (3) Any portion of an applicable increment, after the appropriate minimum time for the call, will be rounded upward to the next increment. Calls less than the minimum length will be rounded to the minimum billing increment. (4) There is no billing for incomplete calls. Advice Letter No. 135 Date Filed: December 20, 2012 Effective: December 31, 2012

8 3055 Comcast Place 1st Revised Cal. P.U.C. Sheet No. 7-T Cancels Original Cal. P.U.C. Sheet No. 7-T STATEMENT REGARDING SERVICES, RATES, TERMS AND CONDITIONS PURSUANT TO COMMISSION DECISION NO The IntraLATA and InterLATA long distance services offered in this tariff are all optional. Customers may elect the long distance company of their choice and may terminate the Company s service at any time by choosing another long-distance carrier. The Company does not offer basic access line service or functional equivalents. The Company offers switched and dedicated access services, including 1 Plus, and toll free services. Customers may choose from among the services listed in the Rates and Charges section below. Customers may make service selections or change plans or services by calling the Company s Customer Service Department at (800) Service descriptions, rates, terms, conditions and service charges are contained in the Rates and Charges section of this tariff, which is listed in the Table of Contents. Additional terms and conditions of service are located in the Rules section of this tariff. The name and location of each Rule is set forth in the Table of Contents. In addition to the Company s tariffed service rates, Customers must pay certain Taxes and Surcharges, which are listed in the Taxes and Surcharges section of this tariff and referenced in the Table of Contents. (C) (C) Advice Letter No. 135 Date Filed: December 20, 2012 Effective: December 31, 2012

9 3055 Comcast Place 1st Revised Cal. P.U.C. Sheet No. 8-T Cancels Original Cal. P.U.C. Sheet No. 8-T A. Description of Services RATES AND CHARGES The Company is a value-added, non-facilities based provider of resold interexchange telecommunications services. The Company provides resold switched and dedicated access inbound and outbound interexchange telecommunications services for the direct transmission and reception of voice and data between locations throughout the State of California. The Customer s long-distance usage charge is based on the actual usage of Company s service. Usage begins when the receiver of the called number is answered. The moment of the called party s answer is determined by hardware supervision in which the local telephone company sends a signal to the underlying carrier s switch or the software utilizing audio tone detection. The timing of the call begins when the called party answers and terminates when either party hangs up. The Company offers the following services: Switched and Dedicated Interexchange Services: Company offers switched and dedicated service, offering users outbound 1 Plus and inbound, toll free (8XX) long distance telecommunications services from points originating and terminating in the State of California. Integrated Services Digital Network (ISDN) Services provide integrated voice/data communications capability for transmission and combination of circuit-switched voice/data and packet-switched data signals on an incoming and outgoing basis over a single ISDN line. (N) Primary Rate Interface (PRI) ISDN is an ISDN circuit transmitting at T-1 (DS-1) speed (equivalent to 24 voice-grade channels). One of the channels ( D ) is used for signaling, leaving 23 ( B ) channels for data and voice communication. Base Rate Interface (BRI) ISDN is three digital signals over a single pair of wires consisting of 2 voice ( B ) channels and 1 signaling ( D ) channel. (N) (L) (L) (L) Moved to Sheet 9 Advice Letter No. 131 Date Filed: January 25, 2011 Effective: February 01, 2011

10 3055 Comcast Place 3rd Revised Cal. P.U.C. Sheet No. 9-T Cancels 2nd Revised Cal. P.U.C. Sheet No. 9-T RATES AND CHARGES, Continued [Reserved for Future Use] (T,D) (D) (D) [Reserved for Future Use] Promotions: The Company may, from time to time, engage in special promotions of new or existing Service offerings of limited duration designed to attract new Customers or to increase existing Customer awareness of a particular offering. All promotional offerings shall be offered in accordance with applicable Commission rules or regulations. Advice Letter No. 135 Date Filed: December 20, 2012 Effective: December 31, 2012

11 3055 Comcast Place Original Cal. P.U.C. Sheet No. 9.1-T RATES AND CHARGES, Continued B. Domestic Switched Service, Inbound Toll Free and Outbound 1+ Service includes pre-subscription to one or more outbound line(s) and one (1) toll free (8XX) line. There is a recurring monthly charge of $5.00 for each additional 8XX line. Rates also apply to ISDN PRI Service. Rates are billed in six (6) second increments. 1. Month to Month RATE (L, T) (L,C) (L,C) (L) Rate per Minute $ (R) 2. 1 Year Term Rate per Minute $ Year Term Rate per Minute $ Year Term Rate per Minute $ (L) (L) Moved from Sheet 9 Advice Letter No. 131 Date Filed: January 25, 2011 Effective: February 01, 2011

12 3055 Comcast Place 1st Revised Cal. P.U.C. Sheet No. 10-T Cancels Original Cal. P.U.C. Sheet No. 10-T RATES AND CHARGES, Continued C. Domestic Dedicated Service, Inbound Toll Free and Outbound 1+ Service includes pre-subscription to one or more outbound line(s) and one (1) toll free (8XX) line. There is a recurring monthly charge of $5.00 for each additional 8XX line. Rates also apply to ISDN PRI Service. Rates are billed in six (6) second increments. (L) (C) (C) A. Month to Month Rate per Minute B. 1 Year Term RATE $ (R) Rate per Minute $ C. 2 Year Term Rate per Minute $ D. 3 Year Term Rate per Minute $ (L) Moved to Sheet 14 Advice Letter No. 131 Date Filed: January 25, 2011 Effective: February 01, 2011

13 3055 Comcast Place 1st Revised Cal. P.U.C. Sheet No. 11-T Cancels Original Cal. P.U.C. Sheet No. 11-T RATES AND CHARGES, Continued D. ISDN (BRI) Service Rates are billed in six (6) second increments. RATE (N) A. Month to Month Rate per Minute $ B. 1 Year Term Rate per Minute $ C. 2 Year Term Rate per Minute $ D. 3 Year Term Rate per Minute $ (N) (D) (D) Advice Letter No. 131 Date Filed: January 25, 2011 Effective: February 01, 2011

14 3055 Comcast Place 1st Revised Cal. P.U.C. Sheet No. 12-T Cancels Original Cal. P.U.C. Sheet No. 12-T RATES AND CHARGES, Continued E. Reserved (D) (D) Advice Letter No. 131 Date Filed: January 25, 2011 Effective: February 01, 2011

15 Comcast Phone of California, LLC Schedule Cal. P.U.C. No Comcast Place 3rd Revised Cal. P.U.C. Sheet No. 13-T Cancels 2nd Revised Cal. P.U.C. Sheet No. 13-T RATES AND CHARGES, Continued F. [Reserved for Future Use] G. [Reserved for Future Use] RATE (D) (D) H. Surcharges Operator Assistance Surcharge, per call $1.67 Directory Assistance, per call $1.99 Operator Dialed Station-to-Station Surcharge, per call $1.67 Operator Dialed Person-to-Person Surcharge, per call $1.67 Advice Letter No. 135 Date Filed: December 20, 2012 Effective: December 31, 2012

16 3055 Comcast Place 1st Revised Cal. P.U.C. Sheet No. 14-T Cancels Original Cal. P.U.C. Sheet No. 14-T RATES AND CHARGES, Continued I. Individual Case Basis (ICB) Arrangements Arrangements will be developed on a case-by-case basis in response to a bona fide request from a Customer or prospective Customer to develop a competitive bid for a Service offered under this tariff. Rates quoted in response to such competitive requests may be different than those specified for such services in this tariff. ICB rates will be offered to the Customer in writing and on a non-discriminatory basis. J. Reconnection Fee At the Customer s request, and upon payment of all outstanding nondisputed amounts owed by Customer to the Company for Service, Company will reconnect Customer whose Service has been disconnected for non-payment. Service Reconnection Fee (per occurrence) $30.00 K. Access Recovery Charge The Access Recovery Charge is imposed on each account as a percentage of the account balance before Taxes for the purpose of funding costs associated with accessing the Company s network Access Recovery Charge per account: 3.89% L. Account Fee The account fee provides account management access and bill management tools for applicable services. Only one fee applies per Customer. Account Fee, per Customer: $20.00 (L1,T) (L1,T) (L1,T) (L2) (L1) Moved from Sheets 9 and 10. (L2) Moved to Sheet (L2) Advice Letter No. 131 Date Filed: January 25, 2011 Effective: February 01, 2011

17 3055 Comcast Place Original Cal. P.U.C. Sheet No T TAXES AND SURCHARGES Insofar as practicable, any sales, use, privilege, excise, franchise or occupation tax, costs of furnishing service without charge or similar taxes or impositions now or hereafter levied by the Federal, State, or Local government or any political subdivision or taxing authority thereof may be billed by the Company to its exchange customers on a pro rata basis in the areas wherein such taxes, impositions or other charges shall be levied against the Company. (L) Pursuant to Resolution T-16901, all telecommunications carriers are required to apply: CPUC mandated Public Program surcharge rates (excluding a. Universal Lifeline Telephone Service (ULTS) billings; b. Charges to other certificated carriers for services that are to be resold; c. Coin sent paid telephone calls (coin in box) and debit card calls; d. Customer-specific contracts effective before 9/15/94; e. Usage charges for coin-operated pay telephones; f. Directory advertising; and g. One-way radio paging) and the CPUC Reimbursement Fee rate (excluding a. Directory advertising and sales; b. Terminal equipment sales; c. Inter-utility sales) 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. (L) Moved from Sheet 14. Advice Letter No. 131 Date Filed: January 25, 2011 Effective: February 01, 2011

18 3055 Comcast Place 1st Revised Cal. P.U.C. Sheet No. 15-T Cancels Original Cal. P.U.C. Sheet No. 15-T Rule 1 Definitions Account Code: A numerical code, one or more of which are available to a Customer to enable identification of individual users or groups of users on an account and to allocate costs of service accordingly. Called Station: The terminating point of a call (i.e., the called number). (D) Commission: Company: Customer: California Public Utilities Commission Comcast Phone of California, LLC, d/b/a CIMCO, a Division of Comcast Business Services The person, firm, corporation or other entity which orders or uses service and is responsible for payment of charges and compliance with tariff regulation. Dedicated Access: Non-switched access between a Customer's premises and the point of presence of the Company's underlying carrier. (D) Advice Letter No. 135 Date Filed: December 20, 2012 Effective: December 31, 2012

19 3055 Comcast Place Original Cal. P.U.C. Sheet No. 16-T Rule 1 Definitions (Continued) Disconnect or Disconnection: The termination of a circuit connection between the originating station and the called station or the Company's operator. 800 Service: A switched or dedicated access service, offering users inbound, toll free (8XX) number, long distance telecommunications services from points originating and terminating in the state. This service enables the caller to contact the Customer without incurring toll charges, through the use of an assigned toll free (8XX) number. The Customer pays for the call. Access may be provided by the Company, or the Customer may utilize the local exchange company access. 1 Plus Service: Subscriber: A switched or dedicated access service, offering users outbound 1 Plus long distance telecommunications services from points originating and terminating in the state. Access may be provided by the Company, or the Customer may utilize the local exchange company access. See Customer definition. Rule 2 Undertaking of Company Company's services are furnished for interlata and intralata telecommunications originating and/or terminating in any area within the State of California. Company is a non-facilities-based provider of resold interexchange telecommunications to Customers for the direct transmission and reception of voice, data, and other types of communications. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

20 3055 Comcast Place Original Cal. P.U.C. Sheet No. 17-T Rule 2 Undertaking of Company (Continued) Company resells access, switching, transport, and termination services provided by interexchange carriers. Customer s monthly charges for Company s service are based on the total time Customer actually uses the service. Subject to availability, the Customer may use account codes to identify the users or user groups on an account. The numerical composition of the codes shall be set by Company to assure compatibility with the Company's accounting and billing systems and to avoid the duplication of codes. The Company's services are provided on a monthly basis unless otherwise provided, and are available twenty-four (24) hours per day, seven (7) days per week. Request for service under this tariff will authorize the Company to conduct a credit search on the Customer. The Company reserves the right to refuse service on the basis of credit history, and to refuse further service due to late payment or nonpayment by the Customer. Rule 3 Contract or Agreements (Reserved for Future Use) Rule 4 Customer Responsibilities The Customer is responsible for the payment of all charges for services furnished to the Customer and for all additional charges for calls the Customer elects to continue making. The name(s) of the Customer(s) desiring to use the service must be properly verified. The Customer is responsible for compliance with applicable regulations set forth in this tariff. Rule 5 Deposits The Company does not accept deposits. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

21 3055 Comcast Place Original Cal. P.U.C. Sheet No. 18-T Rule 6 Notices Except for cancellation of service or as otherwise provided by these rules, any notice from any Customer may be given by the Customer or any authorized representative to the Company s business office orally or by written notice mailed to the Company s business office. Rule 7 Initiation or Changes in Service and Cancellation of Service by Customer Customers may initiate or change service upon oral or written request to the Company (in any form). The Company will comply with all state and federal laws, rules and regulations regarding authorization and verification of orders for Services. Customers may cancel without termination fees or penalties any new tariffed service or any new contract for service within thirty (30) days after the new service is initiated. Customer is responsible for usage charges while still connected to the Company's service and the payment of associated local exchange company charges, if any, for service charges. In the event Customer terminates a contract between Company and Customer more than thirty (30) days after service is initiated and in violation of the provisions of a Customer executed contract for service, Customer shall pay Company twenty-five (25) percent of the amount of service charges left on the contract, based on average long distance usage. Any non-recoverable cost of company expenditures shall be borne by the Customer if: A. The Customer orders service requiring special facilities dedicated to the Customer's use and then cancels the order before such service begins, before completion of the minimum period or before completion of some the period mutually agreed with the Customer for the non-recoverable portions of expenditures; or B. Liabilities are incurred expressly on behalf of the Customer by Company and not fully reimbursed by installation and monthly charges; and C. If based on an order for service and construction has either begun or has been completed, but no service provided. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

22 3055 Comcast Place Original Cal. P.U.C. Sheet No. 19-T Rule 8 Rendering and Payment of Bills Company will comply with all applicable provisions of General Order 168, Rule 6 with respect to Customer billing format and content. Charges for service are applied on a recurring basis. Service is provided and billed on a monthly (30 day) basis. The billing date is dependent on the billing cycle assigned to the Customer. The Customer is responsible for the payment of all charges for services furnished to the Customer. Charges are based on actual usage and contractual obligations, and are billed monthly in arrears. Billing is payable upon receipt and past due thirty (30) days after issuance and posting of invoice. The Company will credit payments effective the business day payments are received by the Company. Bills not paid within thirty-one (31) days after the date of posting are subject to a 1.5 percent late payment charge for the unpaid balance, or the maximum allowable under state law Bills may be paid by mail, by telephone using a credit card, or by debit as prearranged by the Customer, in accordance with the Company s guidelines and capability. All charges for services are payable only in United States currency. Payment by mail may be made by check, money order, or cashier s check. A charge of $25.00 or five (5) percent of the amount of the check, whichever is greater, will apply whenever a check or draft presented for payment of service is not accepted by the institution on which it is written. Rule 9 Disputed Payment Billing disputes should be addressed to Company's customer service organization via telephone to Customer service representatives are available twenty-four (24) hours per day, seven (7) days per week. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

23 3055 Comcast Place Original Cal. P.U.C. Sheet No. 20-T Rule 9 Disputed Payment (Continued) Customers may cancel without termination fees or penalties any new tariffed service or any new contract for service within thirty (30) days after the new service is initiated. The Company will comply with all applicable provisions of General Order 168, Rule 11 with respect to disputed bills. In the case of a dispute between the Customer and the Company for service furnished to the Customer, which cannot be settled with mutual satisfaction, the Customer can take the following course of action: A. First, the Customer may request, and the Company will perform, an indepth review of the disputed amount. The undisputed portion and subsequent bills must be paid on a timely basis or the service may be subject to disconnection. During the time the investigation is pending, no late charges or penalties may be assessed against the disputed amount, the charges may not be sent to collection, and no adverse credit report will be made based on non-payment of the charge. B. Second, the Company shall reach a determination and communicate such determination to the Customer within thirty (30) days. Service will not be disconnected before seven (7) calendar days after the date the Company notifies the Customer in writing of the results of the investigation. In no event shall service be disconnected prior to the due date shown on the bill. C. Third, if there is still disagreement over the disputed amount after the investigation and review by a manager of the Company, the Customer may appeal to the CPUC s Consumer Affairs Branch for its investigation and decision. D. 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 the CPUC. The disputed amount must be made payable to the CPUC. E. The CPUC will review the claim of the disputed amount, communicate the results of its review to the Customer and the Company, and make disbursement of the deposited amount. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

24 3055 Comcast Place Original Cal. P.U.C. Sheet No. 21-T Rule 9 Disputed Payment (Continued) The address and telephone numbers of the CPUC s Consumer Affairs Branch are: Consumer Affairs Branch 505 Van Ness Avenue San Francisco, California (toll free) (TDD) Rule 10 Cancellation of Service By Company Company reserves the right to discontinue furnishing the service to Customers without notice and without incurring liability: A. If the Company deems such refusal necessary to protect itself or third parties against fraud or to otherwise protect its personnel, agents, facilities or services; or B. For unlawful use of the service or use of the service for unlawful purposes; or C. In the event the Customer s acts or omissions threaten the integrity or security of the Company s operations or facilities. The Company will comply with the rules adopted by the Commission in D regarding service denial or disconnection for use of Service in violation of the law. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

25 3055 Comcast Place Original Cal. P.U.C. Sheet No. 22-T Rule 10 Cancellation of Service By Company (Continued) Company may discontinue service according to the following conditions, providing seven (7) days written notice, which notice will conform to the provisions of General Order 168, Rule 9: A. Customer violation of any of the Company s tariffs filed with the Commission and/or violation of the Commission s rules and regulations; or B. For the non-payment of any proper charge as provided by Company's tariff; or C. Failure to meet or maintain the Company s credit requirements; or D. For Customer's breach of the contract for service between the utility and customer; or E. When necessary for the Company to comply with any order or request of any governmental authority having jurisdiction; or F. Unauthorized resale of equipment or service. The discontinuance of service(s) 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 available to the Company set forth herein shall not be exclusive and the Company shall at all times be entitled to all the rights available to it under law or equity. The Company may refuse to permit collect calling, calling card, third number billing which it determines to be fraudulent and/or may limit the use of these billing options or services. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

26 3055 Comcast Place Original Cal. P.U.C. Sheet No. 23-T Rule 11 Information to be Provided to the Public The Company will comply with all applicable provisions of General Order 168, Rule 1, Carrier Disclosure, and Rule 3, Service Initiation and Changes, regarding information to be provided to Customers and the general public. A copy of this tariff schedule and advice letters will be available for public inspection in the Company s calling centers during regular business hours. Customers may contact the Company s Customer Service Department at (800) to obtain a copy of this tariff. Copies of the company s tariff schedules and advice letters are available to Customers free of charge and to the general public at $0.20 per page to recover photocopying, postage and/or transmission expenses. Rule 12 Continuity of Service Credit allowance for interruptions of service which are not due to Company s testing or adjusting, to the negligence of the Customer, or to the failure of channels, equipment and/or communications equipment provided by the Customer, are subject to the general liability provisions set forth in Rule 15, herein. It shall be the obligation of the Customer to notify Company of any interruptions of service. Before giving such notice, the Customer shall ascertain that the trouble is not being caused by any action or omission of the Customer, not within the Customer s control. For purposes of credit computation for leased facilities, every month shall be considered to have 720 hours. No credit shall be allowed for an interruption of a continuous duration of less than two hours. The Customer shall be credited for an interruption of two hours or more at the rate of 1/720 th of the monthly charge for the facilities affected for each hour or major fraction thereof that the interruption continues. Credit formula: Credit (A/720) X B A outage time in hours B total monthly charge for affected utility 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. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

27 3055 Comcast Place Original Cal. P.U.C. Sheet No. 24-T Rule 13 Use of Service Service may be used for the transmission of communications by the Customer for any lawful purpose for which the service is technically suited. Service may not be used for any unlawful purpose or for any purpose for which any payment or other compensation is received by the Customer, except when the Customer is a duly authorized and regulated common carrier. This provision does not prohibit an arrangement between the Customer, authorized user or joint user to share the cost of service. The name(s) of the Customer(s) desiring to use the service must be set forth in the application for service. The Company strictly prohibits use of the Company's services without payment or an avoidance of payment by the Customer by fraudulent means or devices including providing falsified calling card numbers or invalid calling card numbers to the Company, providing falsified or invalid credit card numbers to the Company or in any way misrepresenting the identity of the Customer. Rule 14 Limitations of Service Service is offered subject to the availability of the necessary facilities and/or equipment and subject to the provisions of this tariff. Prior written permission from the Company is required before any assignment or transfer. All regulations and conditions contained in this tariff shall apply to all such permitted assignees or transferees, as well as all conditions of service. Company reserves the right to discontinue furnishing the service upon its written notice or without written notice when permitted by General Order 168, according to the provisions of Rule 10. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

28 3055 Comcast Place Original Cal. P.U.C. Sheet No. 25-T Rule 14 Limitations of Service (Continued) The Company does not undertake to transmit messages, but offers the use of its facilities when available, and will not be liable for errors in transmission or for failure to establish connections. Title to all facilities provided by Company under these regulations remains in Company s name. Rule 15 Interconnection Service furnished by Company may be interconnected with services or facilities of other authorized communications common carriers and with private systems, subject to the technical limitations established by Company. Any special interface of equipment or facilities necessary to achieve compatibility between the facilities of Company and other participating carriers shall be provided at the Customer's expense. Interconnection between the facilities or services of other carriers shall be under the applicable terms and conditions of the other carriers' tariffs. The Customer is responsible for taking all necessary legal steps for interconnecting customer provided terminal equipment or communications equipment with Company's facilities. The Customer shall secure all licenses, permits, rights-of-way, and other such arrangements necessary for interconnection. Rule 16 Liability of the Company The liability of the Company for damages arising out of mistakes, omissions, interruptions, delays, errors or defects in transmission occurring in the course of furnishing service or other facilities and not caused by the negligence of the Customer, commences upon activation of service and in no event exceeds an amount equivalent to the proportionate charge to the Customer for the period of service during which such mistakes, omissions, interruptions, delays, errors or defects in transmission occur. For the purpose of computing such amount, a month is considered to have thirty (30) days. In no event will the Company be responsible for consequential damages for lost profits suffered by a Customer or end user as the result of interrupted or unsatisfactory service. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

29 3055 Comcast Place Original Cal. P.U.C. Sheet No. 26-T Rule 16 Liability of the Company (Continued) Company is not liable for any act or omission of any other company or companies furnishing a portion of the service. Company shall be indemnified and held harmless by the Customer against: A. Claims for libel, slander, infringement of copyright or unauthorized use of any trademark, trade name or service mark arising out of the material, data, information or other content transmitted over Company s facilities; and B. Claims for patent infringement arising from combining or connecting company s facilities with apparatus and systems of the Customer; and C. All other claims arising out of any act or omission of the Customer in connection with any service provided by Company. The Company is not liable for any defacement of, or damage to, the equipment or premises of a Customer resulting from the furnishing of services when such defacement or damage is not the result of the Company s negligence. No agents or employees of connecting, concurring or other participating carriers or companies shall be deemed to be agents or employees of the Company without written authorization. Company shall not be liable for and the Customer indemnifies and holds harmless from any and all loss claims, demands, suits, or other action or liability whatsoever, whether suffered, made instituted or asserted by the Customer or by any other party or person, for any personal injury to, death of any person or persons, and for any loss, damage, defacement or destruction of the premises of the Customer or any other property, whether owned by the Customer or by others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal, presence, condition, location or use of equipment or wiring provided by Company where such installation, operation, failure to operate, maintenance, condition, location or use is not the direct result of Company s negligence. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010

30 3055 Comcast Place Original Cal. P.U.C. Sheet No. 27-T Rule 16 Liability of the Company (Continued) The Company is not liable for any failure of performance hereunder due to causes beyond its control, including, but not limited to, unavoidable interruption in the working of its circuits or those of another common carrier; acts of nature, storms, fire, floods, or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or any other governmental entity having jurisdiction over the Company or of any department, agency, commission, bureau, corporation, or other instrumentality or any one or more of such instrumentality or any one of more of such governmental entities, or of any civil or military authority; national emergencies, insurrections, riots, rebellions, wars, strikes, lockouts, work stoppages, or other labor difficulties; or notwithstanding anything in this tariff to the contrary, the unlawful acts of the Company s agents and employees, if committed beyond the scope of their employment. The Company shall not be liable for damages or adjustments, refunds, or cancellation of charges unless the Customer has notified the Company in writing, of any dispute concerning charges, or the basis of any claim for damages, after the invoice is rendered by the Company for the call giving rise to such dispute or claim, unless ordered by the Commission. Any such notice must set forth sufficient facts to provide the Company with a reasonable basis upon which to evaluate the Customer s claim or demands. The Company shall not be liable for any damages, including usage charges, that the Customer may incur as a result of the unauthorized use of its communications equipment. The unauthorized use of the Customer s communications equipment includes, but is not limited to, the placement of calls from the Customer s premises and the placement of calls through Customer-controlled or Customerprovisioned equipment that are transmitted or carried over the Company s network services without the authorization of the Customer. Customer shall be fully liable for all such charges. Advice Letter No. 130 Date Filed: September 03, 2010 Effective: September 03, 2010