emily steele - at&tcpr.att.com/pdf/tx/filings/appr/tx-11-0063.pdfadvanced solutions’...

Texas Regulatory AT&T Texas400 W. 15th Street

Suite 950Austin, TX 78701

September 27, 2011

Filing ClerkPublic Utility Commission of Texas1701 N. CongressAustin, Texas 78711-3326

Re: Tariff Control No. ____________ - Administrative Tariff filing of AT&T Texas pursuant toPUC Substantive Rule 26.207

Enclosed for filing are the original and ten copies of an “Advanced Services Tariff” for AT&TTexas. These tariff sheets are being transferred in their entirety from AT&T Corp. d/b/a AT&TAdvanced Solutions’ (ATTAS’) tariffs (with minor formatting changes) as part of a system-widerestructuring project to provide for operational and administrative efficiencies. This project includesmoving ATTAS Asynchronous Transfer Mode (ATM) and Frame Relay services and assets intoAT&T’s ILECs. This filing is strictly an administrative change that has no impact on the intrastateATM and Frame Relay services currently being provided by ATTAS to its customers in Texas.Once this change is complete, these customers will receive from AT&T Texas the same service(s)they received from ATTAS, and those services will continue to be supported by the same assets andpersonnel and provided at the same rates, terms, and conditions as they are today.

AT&T Texas’ Advanced Services Tariff is divided into two sections:

• Section 1 (Advanced Services) includes PremierSERVSM Asynchronous Transfer Mode(ATM) and PremierSERVSM Frame Relay services; and

• Section 2 (Advanced Services (Vintage I)) includes Frame Relay Digital Service, PrivateNetwork Services, and Telecommunications Service Priority.

Pursuant to a September 16, 2011, filing in Docket No. 27385, the services in Section 1 arescheduled to be grandfathered effective September 30, 2011. The services in Section 2 previouslywere grandfathered effective August 20, 2004.

Notice of this change was sent to customers of AT&T Corp. on September 23, 2011.

AT&T Texas is requesting an effective date of these tariffs to be November 1, 2011.

If you have any questions, please call me on 512-870-2107.

Sincerely,

Emily Steele Emily SteeleAT&T Texas

Enclosure

President - Texas ADVANCED SERVICES TARIFFAT&T Texas Section: 1Dallas, Texas Sheet: 1Issued: September 27, 2011 Revision: OriginalEffective: November 1, 2011 Replacing:

AT&T TEXAS1

ADVANCED SERVICES

Advanced Services are provided by means of wire, radio, fiber optics,satellite or any other suitable technology or combination thereof.

Effective September 30, 2011, PremierSERV sm Asynchronous Transfer Mode (ATM)and PremierSERV sm Frame Relay services defined in this Tariff will no longerbe available to new customers. Existing term plan customers of PremierSERVFrame Relay Service and PremierSERV ATM Service may add, move, remove orchange lines and/or locations for the duration of their current term planagreement, but may not enter into any new term plan agreements. The Companywill support one extension of an existing non-expired term plan agreementpast its current term for twelve (12) months, provided the extension issigned on or before June 30, 2013. Upon expiration of the extension and forexisting customers who do not extend an existing non-expired term planagreement, service will continue on a month-to-month basis until the serviceis discontinued on at least 30 days prior notice by the customer or on atleast 30 days notice (or such longer period as may be required by theCommission) by the Company.

1 Services provided in this Section of the tariff were formerly provided byAT&T Corp. d/b/a AT&T Advanced Solutions under the Texas Intrastate TariffNo. 1. These services are obsolete and are only provided to customers whosubscribed to them prior to September 30, 2011.


ADVANCED SERVICES

CHECK PAGE

The pages of this Tariff are effective as of the date shown at the top of therespective page. Original and revised pages as named below comprise all changesfrom the original Tariff.

PAGE REVISION PAGE REVISION PAGE REVISION1 Original 36 Original 71 Original2 Original 37 Original 72 Original3 Original 38 Original 73 Original4 Original 39 Original 74 Original5 Original 40 Original 75 Original6 Original 41 Original 76 Original7 Original 42 Original 77 Original8 Original 43 Original 78 Original9 Original 44 Original 79 Original

10 Original 45 Original 80 Original11 Original 46 Original 81 Original12 Original 47 Original 82 Original13 Original 48 Original 83 Original14 Original 49 Original15 Original 50 Original16 Original 51 Original17 Original 52 Original18 Original 53 Original19 Original 54 Original20 Original 55 Original21 Original 56 Original22 Original 57 Original23 Original 58 Original24 Original 59 Original25 Original 60 Original26 Original 61 Original27 Original 62 Original28 Original 63 Original29 Original 64 Original30 Original 65 Original31 Original 66 Original32 Original 67 Original33 Original 68 Original34 Original 69 Original35 Original 70 Original

* New or Revised Page


ADVANCED SERVICES

TABLE OF CONTENTS

PAGETitle Page................................................................. 1

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

Tariff User’s Guide........................................................ 5

Concurring, Connecting, and Other Participating Carriers................... 6

Explanation of Symbols..................................................... 7

Reference to Other Tariffs................................................. 8

Reference to Other Publications............................................ 8

Service Marks.............................................................. 8

Definition of Terms and Abbreviations...................................... 9

1. Application of Tariff.................................................. 10

2. Regulations............................................................ 112.1 Undertaking of Company........................................ 112.2 Limitations of Service........................................ 122.3 Limitations of Liability...................................... 132.4 Force Majeure................................................. 142.5 Law Enforcement and Civil Process............................. 142.6 Provision of Service.......................................... 152.7 Operation and Maintenance..................................... 162.8 Refusal and Discontinuance of Service......................... 172.9 Use of Service................................................ 182.10 Obligations of the Customer................................... 192.11 Billing and Payment........................................... 212.12 Deposits, Advance Payments and Adjustments.................... 232.13 Taxes......................................................... 232.14 Customer Equipment............................................ 262.15 Interconnection............................................... 262.16 Inspection, Testing and Adjustments........................... 262.17 Provision of Service.......................................... 272.18 Contract or Agreement......................................... 272.19 Other Rules................................................... 272.20 Standard PremierSERV SM Service Level Agreement (SLA) .......... 28


ADVANCED SERVICES

TABLE OF CONTENTS

Page3. Application of Rates................................................... 37

3.1 Rate Regulations.............................................. 373.2 Nonrecurring Charges.......................................... 373.3 Monthly Recurring Rates....................................... 403.4 Minimum Period................................................ 403.5 Term Pricing Plan (TPP)....................................... 403.6 Moves......................................................... 413.7 Upgrades Not Involving Moves.................................. 443.8 Service Order Cancellation Charges............................ 44

4. PremierSERV SM Asynchronous Transfer Mode (ATM).......................... 454.1 Service Description........................................... 454.2 Service Components............................................ 454.3 Rates......................................................... 54

5. PremierSERV SM Frame Relay Service....................................... 695.1 Service Description........................................... 695.2 Service Components............................................ 695.3 Rates......................................................... 73

6. Promotions............................................................. 80

7. Special Construction................................................... 817.1 Regulations................................................... 817.2 Charges....................................................... 81

8. Discount Pricing Plans................................................. 828.1 TPP Volume Discount Plan (TVP)................................ 82


ADVANCED SERVICES

TARIFF USER’S GUIDE

Page Numbering - Page numbers appear in the upper right corner of each page. Pagesare numbered sequentially. New pages added between existing pages already ineffect will have a decimal. For example, new pages added between pages 10 and 11would be 10.1, 10.2, etc.

Page Revision Numbers - Revision numbers also appear in the upper right corner ofeach page. These numbers are used to determine the most current page version onfile with the Commission. For example, the 2 nd Revised Page 10 cancels and replacesthe 1 st Revised Page 10.

Paragraph Numbering Sequence - There are nine levels of paragraph coding. Eachlevel of coding is subservient to its next higher level.

22.12.1.12.1.1.A2.1.1.A.12.1.1.A.1.(a)2.1.1.A.1.(a).I2.1.1.A.1.(a).I.(i)2.1.1.A.1.(a).I.(i)(1)


ADVANCED SERVICES

CONCURRING, CONNECTING, AND OTHER PARTICIPATING CARRIERS

CONCURRING CARRIERS

No Concurring Carriers

CONNECTING CARRIERS

No Connecting Carriers

OTHER PARTICIPATING CARRIERS

No Other Participating Carriers


ADVANCED SERVICES

EXPLANATION OF SYMBOLS

Changes to this Tariff shall be identified on the revised page(s) through theuse of symbols. The following symbols are used for the purposes indicatedbelow:

(C) - Changed regulation

(D) - Discontinued rate or regulation

(I) - Increased rate or charge

(M) - Moved text from one page to another without a change

(N) - New rate or regulation

(R) - Reduced rate or charge

(S) - Reissued text

(T) - Textual change but no change in rate or regulation

(Z) - To signify a correction


ADVANCED SERVICES

REFERENCE TO OTHER TARIFFS

No References to Other Tariffs

REFERENCE TO OTHER PUBLICATIONS

No References to Other Publications

Service Marks

The following marks, to the extent any are used throughout this Tariff, aredesignated below

Service Marks used under license/permission from SBC Properties, L.P.

PremierSERV SM


ADVANCED SERVICES

DEFINITION OF TERMS AND ABBREVIATIONS

The following are definitions of generally used terms in this Tariff.

CLEC – Competitive Local Exchange Carrier

COMMITTED INFORMATION RATE –The bit rate that the network commits totransfer data under normal conditions. Each PVC is assigned a committedinformation rate (CIR).

COMPANY– AT&T Texas.

CUSTOMER– Any person, firm, partnership, corporation or other entity whosubscribes to Service under the terms and conditions of this Tariff.

CUSTOMER DESIGNATED PREMISES– A physical location where Company’s facilitiesterminate to the Customer equipment or facilities.

END USER– An individual, association, corporation, government agency orentity that subscribes to the Service and does not resell the Service toothers or use the Service as an input to provide an information Service toothers.

ILEC – Incumbent Local Exchange Carrier

IXC – Interexchange Carrier

LOGICAL CONNECTION –Provides end-to-end information transfer capability fromone port to another.

PERMANENT VIRTUAL CONNECTION– Software defined logical paths establishedbetween two or more points (point to point or point to multi-point). Allcells, in all sessions between two end points, follow the same route. ThePVC defines the logical path from the Customer's premises through Company’sATM network to the desired destination, typically another Customer premiseslocation. The PVC is established with the Customer's desired bandwidth atthe time the circuit is initially turned up for service, which will remain inplace until the Customer decides to change the PVC path or bandwidth.

VIRTUAL SESSION – The active communications path between Company’s ATMnetwork and End User premises.


ADVANCED SERVICES

1. APPLICATION OF TARIFF

This Tariff contains the rates & charges, rules & regulations, and terms& conditions applicable to the provision of intrastate advanced services(“Services”) provided by AT&T Texas (hereinafter referred to as Company”)within the State of Texas, subject to the limited jurisdiction of thePublic Utility Commission of Texas.

This Tariff is on file with the Commission. This Tariff is available forpublic inspection during normal working business hours at the Company’sprincipal place of business.


ADVANCED SERVICES

2. REGULATIONS

2.1 Undertaking of Company

2.1.1 Service is furnished for intrastate advancedtelecommunications Services originating or terminating atspecified points within the state.

2.1.2 Company shall operate and maintain Service providedhereunder in accordance with the terms and conditions setforth in this Tariff.

2.1.3 Company may, when authorized by Customer, act as Customer'sagent for ordering dedicated access lines, facilities ornetwork elements provided by other carriers to allowconnection of Customer's locations to Company's network orto the network of an underlying carrier or Service.

2.1.4 Company will pass on and bill to Customer any charges itincurs (including any applicable recurring and nonrecurringcharges, time and material charges, or special constructioncharges) from other Service providers, such as ILECs, IXCsand CLECs, necessary to complete provision or maintenance ofa Service offered in this Tariff to Customer's designatedpremises. This does not include charges incurred by Companyfrom other Service providers to provide Services to Customeron an expedited basis.

2.1.5 Company will pass on and bill to Customer any charges itincurs (including any applicable cancellation or terminationcharges) from other Service providers, such as ILECs, IXCsand CLECs, if Customer cancels an order prior to the Companycommitted Service date.

2.1.6 Services are provided 24 hours daily, seven days per weekexcept as set forth in other sections of this Tariff.

2.1.7 Company shall be responsible for the installation, operationand maintenance of the Services under this Tariff.

2.1.8 Company reserves the right to test its Services for purposesincluding, but not limited to, the installation, operationand maintenance of the Services provided under this Tariff.Invasive testing may result in interruptions of Service.

2.1.9 Facilities utilized by Company to provide Service under theprovisions of this Tariff shall remain the property of theCompany.

2.1.10 Company does not warrant that its facilities and Servicesmeet standards other than those set forth in this Tariff,specifically referenced industry standards or in networkchange notifications issued in compliance with applicableRules and Regulations.


ADVANCED SERVICES

2. REGULATIONS (Cont’d)

2.2 Limitations of Service

2.2.1 Service is offered subject to the availability of thenecessary facilities and equipment and subject to theprovisions of this Tariff. Service may not be available insome locations or in some areas.

2.2.2 Company reserves the right to discontinue furnishingService, or to limit the use of the Service, whennecessitated by conditions beyond its control, whenCustomer is using Service in violation of the law or inviolation of the provisions of this Tariff or fornonpayment by Customer.

2.2.3 Customer may not transfer or assign the use of Service,except with the prior written consent of Company. Allregulations and conditions contained in this Tariff, aswell as all conditions for Service, shall apply to all suchpermitted assignees or transferees. Except and to theextent that applicable laws or regulation require suchnotice, Company may assign its rights and obligationshereunder in whole or in part without notice to Customer.

2.2.4 Customer may not use Services contained herein for anyunlawful purpose, however, Company is in no way obligatedto monitor or police such activity.

2.2.5 Company may require Customer to sign an application formfurnished by Company and to establish credit as provided inthis Tariff, as a condition precedent to the initialestablishment of Service. Company's acceptance of an orderfor Service to be provided to an applicant whose credit hasnot been duly established may be subject to the depositprovisions of this Tariff. Company may also require asigned authorization from Customer for additions to orchanges in existing Service for such Customer.


ADVANCED SERVICES


2.3 Limitations of Liability

2.3.1 Company warrants that the Service will be installed andmaintained in good working order and that the Service willperform substantially in accordance with the requirementsof this Tariff.

2.3.2 Company's warranty does not cover repairs for damagescaused by any negligence, gross negligence, or intentionalacts or omissions of Customer, or its officers, agents oremployees. Except as specifically provided for herein,Company expressly disclaims all other warranties withrespect to the Service, including, but not limited to,implied warranties of merchantability and fitness for aparticular purpose.

2.3.3 Company's sole liability, whether in contract or in tort(including negligence, gross negligence or strictliability), for any failure, defect, error, loss, oromission in the provisioning of the Service (“ServiceInterruption”) of any kind including, but not limited to,Service Interruption alleged to be caused by defectivecustomer-owned or provided equipment or customer premisesequipment ("Customer Equipment"), even if provided orinstalled by Company, is limited to refund of theproportionate charge for the period during which theService was affected.

2.3.4 In no event will Company be liable to Customer, under anycircumstances, for indirect, incidental, special orconsequential damages of any kind whatsoever including, butnot limited to, lost profits, lost revenue, failure torealize expected savings and loss of data, regardless ofthe form of action and whether or not such damages areforeseeable.

2.3.5 Company shall not be liable for unlawful use, or use by anyunauthorized person, of its Service, or for any claimarising out of a breach in the privacy or security ofcommunications transmitted by Company.

2.3.6 Company shall not be liable for any act or omission ofother carriers whose facilities may be utilized inestablishing connections to points not reached by Company'sfacilities. Customer shall indemnify and hold harmlessCompany from any third-party claims asserting suchliability.


ADVANCED SERVICES


2.3 Limitations of Liability (Cont’d)

2.3.7 Company shall not be liable for any damages Customer mayincur as a result of the unauthorized use of the Servicesprovided under this Tariff. Customer is responsible forcontrolling access to, and the use of, the Servicesprovided by Company.

2.3.8 Company shall not be liable for temporary interruptions ofService that may occur as normal events in the provision ofService. Company has no control over third party networksaccessed in the course of Customer’s use of Service,therefore, Company shall not be liable for any delays anddisruption caused by other network transmissions beyondCompany’s control.

2.4 Force Majeure

Company will not be liable for any loss or damage resulting fromany cause beyond Company's reasonable control, such as, but notlimited to, fire, explosion, lightning, flood, earthquake, powersurges or failures, strikes or labor disputes, floods, storms,tornadoes, acts of war, civil disturbances, acts of civil ormilitary authorities or the public enemy, delays caused byCustomer, Customer Equipment or Customer Service or equipmentvendors or any other cause.

On the occurrence of any such event and to the extent suchoccurrence interferes with Company's obligation under this tariff,Company will be excused from such obligations during the period ofsuch interference, provided that Company uses all reasonableefforts available to Company to avoid or remove such causes ofinability to meet such obligation.

2.5 Law Enforcement and Civil Process

2.5.1 Intercept Devices . Local and federal law enforcementagencies periodically request information or assistance fromtelecommunications carriers. When Company receives a requestassociated with the Customer, Company will comply with anyvalid request, to the extent Company is able to do so. Ifsuch compliance requires the assistance of Company, suchassistance will be provided.


ADVANCED SERVICES


2.5 Law Enforcement and Civil Process (Cont’d)

2.5.2 Subpoenas . If Company receives a subpoena for informationconcerning an End User Company knows to be Customer's EndUser, Company will refer the subpoena to the requestingentity indicating that Customer is the responsible company.Provided, however, if the subpoena requests records for aperiod of time during which Company was the End User'sService provider, Company will respond to any valid requestto the extent Company is able to do so. If response requiresthe assistance of Customer, such assistance shall be providedby Customer.

2.6 Provision of Services

2.6.1 Company will provide to the Customer the Services offered inthis Tariff at the specified rates and charges, to the extentthat such Services are or can be made available withreasonable effort.

2.6.2 The Services provided under this Tariff are provided oversuch routes and facilities as Company may elect. Requestsfor special facilities or routing of Service may requirespecial construction charges. Special construction isrequired if 1) facilities or equipment are not available tomeet an order for Service and Company or its vendors mustconstruct facilities; 2) Customer requests Service to befurnished using a type of facility or equipment, or via aroute, other than that which Company would normally utilizein providing the requested Service; or 3) Customer requestsconstruction be expedited resulting in added cost to Company.

Special construction charges will be developed based onestimated costs.

Written Customer approval and prepayment of all specialconstruction charges must be provided to Company prior tostart of construction. In the event the special constructioncharges are not acceptable to Customer and Customer refusesto pay those charges, Customer or Company can elect toterminate the request for service without penalty.

Company reserves the right to refuse Service if such specialfacilities or routing is deemed by Company to be detrimentalto its economic, operational, security or other suchinterest.


ADVANCED SERVICES


2.7 Operation and Maintenance

2.7.1 Maintenance of Service

Company shall maintain the Services provided under thisTariff. The Customer or others may not rearrange, move,disconnect, remove or attempt to repair any facilitiesprovided by Company, other than by connection ordisconnection to any interface means used, except with thewritten consent of Company.

Company reserves the right to temporarily suspend Service toallow for maintenance.

2.7.2 Availability of Testing

The Services provided under this Tariff shall be available toCompany at times agreed upon in order to permit Company tomake tests and adjustments appropriate for maintaining theServices in satisfactory operating condition. Such tests andadjustments shall be completed within a reasonable time. Nocredit will be allowed for any interruptions involved duringsuch tests and adjustments.

2.7.3 Interference or Impairment

The characteristics and methods of operation of any circuits,facilities or equipment provided by other than Company andassociated with the facilities utilized to provide Servicesunder this Tariff shall not interfere with or impair Serviceover any facilities of Company, its affiliated companies orits connecting or concurring carriers involved in itsServices, cause any damage to their plant, impair the privacyof any communications carried over their facilities or createhazards to the employees of any of them or the public.Company will, where practicable, notify the Customer thattemporary discontinuance of the use of a Service may berequired. Where prior notice is not practicable, nothingcontained herein shall be deemed to preclude Company’s rightto temporarily discontinue forthwith the use of a Service ifsuch action is reasonable under the circumstances. In caseof such temporary discontinuance, the Customer will bepromptly notified and afforded the opportunity to correct thecondition that gave rise to the temporary discontinuance. Insuch case the condition is not promptly or adequatelycorrected, Company shall immediately discontinue Service.


ADVANCED SERVICES


2.8 Refusal and Discontinuance of Service

2.8.1 Company may refuse additional applications for Service ordiscontinue the provision of Services as set forth below if aCustomer fails to comply with the terms of the Tariffcontained herein (“Non-complying Customer”).

On thirty (30) calendar days written notice to the persondesignated by that Customer to receive such notices ofnoncompliance, Company may:

2.8.1.A Refuse additional applications for Service and/orrefuse to complete any pending orders for Service bythe Non-complying Customer at anytime thereafter.If Company does not refuse additional applicationsfor Service on the date specified in the thirty (30)calendar days’ notice, and the Customer’snoncompliance continues, nothing contained hereshall preclude Company’s right to refuse additionalapplications for Service to the Non-complyingCustomer without further notice; or

2.8.1.B Discontinue the provision of the Services to theNon-complying Customer at any time thereafter. Inthe case of such discontinuance, all applicablecharges, including termination charges, shall becomedue. If Company does not discontinue the provisionof Services involved on the date specified in thethirty (30) calendar days’ notice and the Customer’snoncompliance continues, nothing contained hereinshall preclude Company’s right to discontinue theprovision of the Services to the Non-complyingCustomer without further notice.

2.8.2 When Service is provided by more than one company, thecompanies involved in providing the joint Service mayindividually or collectively deny Service to a Non-complyingCustomer. Where the companies affected by the Non-complyingCustomer are incapable of effecting discontinuance of Servicewithout cooperation from the other joint providers of theService, such other companies will, if technically feasible,assist in denying the joint Service to the Non-complyingCustomer. Service denial for such joint Service will onlyinclude transmission, which originate or terminate within ortransit, the operating territory of the companies initiatingthe Service denial for the Non-complying Customer. When morethan one of the joint Service providers must deny Service toeffectuate termination for noncompliance, in cases where aconflict exists in the applicable Tariff provisions, theTariff regulation of the company where the Customers endoffice is located shall prevail for joint Servicediscontinuance provisions.


ADVANCED SERVICES


2.9 Use of Service

2.9.1 Assignment and Transfer of Facilities

2.9.1.A The Customer may not assign, or transfer (e.g. throughmergers, acquisitions, consolidations, etc.) the use ofServices provided under this Tariff except, where thereis no interruption of use or relocation of theServices, such assignment or transfer may be made to:

2.9.1.A.1 Another Customer, whether an individual,partnership, association or Corporation, providedthe assignee or transferee assumes all outstandingindebtedness for such Services, the unexpiredportion of the minimum period or Term Pricing Plan(TPP), the applicable charges associated with anyname change on billing and Service records, andthe termination liability applicable to suchServices, if any; or,

2.9.1.A.2 A court appointed receiver, trustee or otherperson acting pursuant to law in bankruptcy,receivership, reorganization, insolvency,liquidation or other similar proceedings, providedthe assignee or transferee assumes the unexpiredportion of the minimum period or TPP, theapplicable charges associated with any name changeon billing and Service records, and thetermination liability applicable to such Services,if any.

2.9.1.B In all cases of assignment or transfer, the writtenacknowledgement of Company is required prior to suchassignment or transfer and such acknowledgement shallbe made within fifteen (15) calendar days from thereceipt of notification. The assignee or transferee(new Customer) shall provide to Company the writtenrelease of the use of such Services from the assignoror transferor (former Customer). All regulation,conditions and applicable charges, as set forth in thisTariff, shall apply to such assignee or transferee.

2.9.1.C The assignment or transfer of Services does not relieveor discharge the assignor or transferor from remainingjointly and severally liable with the assignee ortransferee for any obligations existing at the time ofthe assignment or transfer.


ADVANCED SERVICES


2.9 Use of Service (Cont’d)

2.9.2 Unlawful and Abusive Use

2.9.2.A The Services provided under this Tariff shall not beused for an unlawful purpose or used in an abusivemanner. Abusive use includes:

2.9.2.A.1 The use of the Service by Customer, anonymously orotherwise, in a manner reasonably expected tofrighten, abuse, torment or harass another; or,

2.9.2.A.2 The use of the Service in such a manner as tointerfere unreasonably with the use of the Serviceby one or more Customers.

2.9.2.B Company shall, upon written request from a Customer,another telecommunications company or lawfulauthority, terminate Service to any subscriber orCustomer identified as having utilized Serviceprovided under this Tariff in the completion ofabusive or unlawful transmissions.

2.9.2.C In such instances when termination occurs, Companyshall be indemnified, defended and held harmless bythe Customer or any other telecommunications companyor party against any claim, loss or damage arisingfrom Company’s actions in terminating such Service,unless caused by the negligence of Company.

2.10 Obligations of Customer

2.10.1 Equipment, Space and Power

The Customer shall furnish, or arrange to have furnished,to Company, at no charge, an environment conducive to theoperations of equipment, as well as the space andelectrical power required by Company to provide Servicesunder this Tariff at the points of termination of suchServices. The selection of AC or DC power shall bemutually agreed to by the Customer and Company. TheCustomer shall also make necessary arrangements in orderthat Company may have access to such spaces at reasonabletimes for installing, testing, repairing or removingServices of Company.


ADVANCED SERVICES


2.10 Obligations of Customer (Cont’d)

2.10.2 References to Company

The Customer may advise End Users that certain Services areprovided by Company in connection with the Service theCustomer provides to End Users. However, the Customershall not represent that Company jointly participates inthe Customer’s Services. Customer may not use any logo,trademark or other intellectual property right of Companywithout prior written permission.

2.10.3 Damages

The Customer shall reimburse Company for damages to Companyfacilities utilized to provide Services under this Tariffcaused by the negligence, gross negligence or intentionalact or omission of the Customer or resulting from theCustomer’s improper use of Company facilities, or due tomalfunction of any facilities or equipment provided byother than the Company. Nothing in the foregoing provisionshall be interpreted to hold one Customer liable for theactions of another Customer. Upon reimbursement fordamages, Company will cooperate with the Customer inprosecuting a claim against the person causing such damage.The Customer shall be subrogated to the right of recoveryby Company for the damages to the extent of such payment.

2.10.4 Claims and Demands for Damages

2.10.4.A With respect to claims of patent infringement madeby third persons, the Customer shall defend,indemnify, protect and hold harmless Company fromand against all claims arising out of combiningwith, or use in connection with, the Servicesprovided under this Tariff, any circuit,apparatus, system or method provided by theCustomer.


ADVANCED SERVICES


2.10 Obligations of Customer (Cont’d)

2.10.4 Claims and Demands for Damages (Cont’d)

2.10.4.B The Customer shall defend, indemnify and holdharmless Company from and against any suits,claims and losses or damages, including punitivedamages, attorneys’ fees and court costs by thirdpersons, arising out of the construction,installation, operation, maintenance or removal ofthe Customer’s circuits, facilities or equipmentconnected to Company’s Services provided underthis Tariff including, without limitation,Workmen’s Compensation claims, actions forinfringement of copyright and/or unauthorized useof program material, libel and slander actionsbased on the content of communications transmittedover the Customer’s circuits, facilities orequipment, and proceedings to recover taxes, finesor penalties for failure of the Customer to obtainor maintain, in effect, any necessarycertificates, permits, licenses or other authorityto acquire or operate the Services provided underthis Tariff; provided, however, the foregoingindemnification shall not apply to suits, claims,and demands to recover damages for damage toproperty, death or person injury unless suchsuits, claims or demands are based on the tortiousconduct of the Customer, its officers, agents oremployees.

2.10.5 Certification of Service as Intrastate

By ordering Services contained herein, Customer certifiesService will be used solely and exclusively for trafficthat is intrastate in nature or for jurisdictionally mixedtraffic which contains 10% or less interstate traffic.

2.11 Billing and Payment

2.11.1 Company or its billing agent will bill Customer (and notCustomer's End User) and Customer will pay to Company orits billing agent on a monthly basis the charges set forthin this tariff. Charges will commence on the date Serviceis made available by Company under this tariff and willcontinue through the date Service is disconnected.

2.11.2 Charges are due on the date specified on the bill (“PaymentDate”).


ADVANCED SERVICES


2.11 Billing and Payment (Cont’d)

2.11.3 Company or its billing agent may assess a late paymentcharge on any charges not received by the Payment Date.The late payment charge will be calculated according to theprevailing collections policy in place by Company or itsbilling agent, based on per month invoiced charges orportion thereof, for the period from the Payment Date untilthe payment is received. In no event will such chargeexceed the maximum amount allowed by law.

2.11.4 Customer is responsible for payment of all charges forService furnished to or used by Customer, or Customer'sagents, servants, employees, or End Users. Customer isalso responsible for payment of charges for all other thirdpersons' use of Service to which Customer subscribes. Allcharges due from Customer are payable to Company or toCompany's authorized billing agent in immediately availableU.S. dollars. Any objections to billed charges must bereported to Company or its billing agent within thirty (30)calendar days after receipt of bill. Adjustments toCustomer's bill shall be made to the extent thatcircumstances exist which reasonably indicate that suchchanges are appropriate.

2.11.5 Texas’ Prompt Payment Act (PPA) applies to service providedby Company to governmental entities of the State of Texasand establishes requirements related to purchases by agovernmental entity, including the time for payment, theaccrual and payment of interest on overdue payments, anddisputed payments. Governmental entities should contactAT&T to advise AT&T of their PPA eligibility.

2.11.6 If a billing dispute is resolved in favor of Customer, anybilled charges and late payment charges collected on thedisputed amount will be credited to Customer on Customer’sbill.

2.11.7 If a billing dispute is resolved in favor of Company, anypayments withheld pending settlement of the dispute shallbe subject to the late penalty payment set forth above.

2.11.8 The security of Customer's authorization or access codes isthe responsibility of Customer. Customer shall beresponsible for payments of all charges applicable to theService, including in cases where the Service was accessedin a manner not authorized by the Customer.


ADVANCED SERVICES


2.11 Billing and Payment (Cont’d)

2.11.9 The purpose of the Texas Universal Service Fund (TUSF) isto implement a competitively neutral mechanism that enablesall residents of Texas to obtain basic telecommunicationsservices. The TUSF is financed by a rate approved by thePublic Utilities Commission of Texas and assessed againstthe intrastate retail taxable telecommunications receiptsof Texas’ telecommunications providers.

2.12 Deposits, Advance Payments and Adjustments

2.12.1 Company or its agent may require a deposit at the time ofapplication to be held as a guarantee of payment ofcharges. In addition, an existing Customer may be requiredto make a deposit or increase a deposit currently held.Company shall pay interest on deposits pursuant to anyapplicable rules and regulations.

2.12.2 The fact that a security deposit has been made in no wayrelieves Customer from prompt payment of bills uponpresentation.

2.12.3 Company may require or receive advance payment fromCustomer for purposes including, but not limited to,security deposit and prepayment of Service.

2.12.4 Company reserves the right to issue credits and adjustmentsto Customer.

2.13 Taxes

2.13.1 General

2.13.1.A With respect to any purchase of Service under thistariff, if any Federal, state or local governmenttax, fee, surcharge, or other tax-like charge (a"Tax") is required or permitted by applicable law,ordinance or tariff to be collected from Customer byCompany, then (i) Company will bill, as a separatelystated item, Customer for such Tax, (ii) Customerwill timely remit such Tax to Company, and (iii)Company will remit such collected Tax to theapplicable taxing authority, to the extentapplicable.

With respect to contributions to funds applicable toCompany’s services, Company shall solicit, collectand remit funds in accordance with applicable lawsand regulations.


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2.13 Taxes (Cont’d)

2.13.1 General (Cont’d)

2.13.1.B If Company does not collect a Tax because Customerasserts that it is not responsible for the Tax or isotherwise excepted from the obligation, which islater determined by formal action to be wrong then,as between Company and Customer, Customer will beliable for such uncollected Tax and any interest dueand/or penalty assessed on the uncollected Tax by theapplicable taxing authority or governmental entity.

2.13.1.C If Company or Customer is audited by a taxingauthority or other governmental entity both Companyand Customer agree to reasonably cooperate with theother being audited in order to respond to any auditinquiries in a proper and timely manner so that theaudit and/or any resulting controversy may beresolved expeditiously.

2.13.1.D If applicable law excludes or exempts a purchase ofServices under this Tariff from a Tax, and if suchapplicable law also provides an exemption procedure,such as an exemption certificate requirement, then,if Customer complies with such procedure, Company,subject to section 2.13.1.B above, will not collectsuch Tax during the effective period of theexemption. Such exemption will be effective uponCompany’s receipt of the exemption certificate oraffidavit.

2.13.1.E If applicable law excludes or exempts a purchase ofServices under this tariff from a Tax, but does notalso provide an exemption procedure, then Companywill not collect such Tax if Customer (i) furnishesCompany with a letter signed by an officer ofcustomer claiming an exemption and identifying theapplicable law which allows such exemption, and (ii)supplies Company with an indemnification agreement,reasonably acceptable to Company, which holds Companyharmless on an after-tax basis with respect toforbearing to collect such Tax.

2.13.1.F With respect to any Tax or Tax controversy covered bythis section, Customer will be entitled to contest,pursuant to applicable law, and at its own expense,any Tax that it is ultimately obligated to pay.Customer will be entitled to the benefit of anyrefund or recovery resulting from such a contest.


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2.13 Taxes (Cont’d)

2.13.1 General (Cont’d)

2.13.1.G Failure to include Taxes on an invoice or to state aTax separately shall not impair the obligation ofCustomer to pay any Tax. Nothing shall preventCompany from paying any Tax to the appropriate taxingauthority prior to the time: (1) it bills Customerfor such Tax or (2) it collects the Tax Customer.Notwithstanding anything in this tariff to thecontrary, Customer shall be liable for and Companymay collect Taxes which were assessed by or paid toan appropriate taxing authority within the statute oflimitations period but not included on an invoicewithin four (4) years after the Tax otherwise wasowed or due.


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2.14 Customer Equipment

Service may be used with or terminated in Customer Equipment. SuchCustomer Equipment shall be furnished by and maintained at theexpense of Customer, except as otherwise provided. Customer isalso responsible for all costs it incurs in the use of Service,including but not limited to Customer Equipment, wiring, electricalpower, and personnel. When such Customer Equipment is used, itmust be compatible with Company equipment and standards used toprovide Service, and shall in all respects comply with the minimumprotective standards of Company.

2.15 Interconnection

Service furnished by Company may be connected with the Services orfacilities of other carriers. Customer is responsible for allcharges billed by other carriers in connection with the use ofService. Any special equipment or facilities necessary to achievecompatibility between carriers are the sole responsibility of theCustomer.

2.16 Inspection, Testing and Adjustments

2.16.1 Company may make such tests and inspection as may be necessaryto determine whether Tariff requirements are being compliedwith in the installation, operation and maintenance ofCustomer Equipment or Company's equipment. Company may,without notice, interrupt Service at any time, as necessary,because of a departure from any of these requirements and maycontinue such interruption until its requirements have beensatisfied.

2.16.2 The facilities provided by Company shall be made available toCompany by Customer for such tests and adjustments as may benecessary for their maintenance to a condition satisfactory toCompany.

2.16.3 Company shall not be liable to Customer for any damages forService Interruption pursuant to this section.


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2.17 Provision of Service

Services are provided only in those geographic areas wherefacilities exist, where Company in its discretion determined(subject to applicable law) to provide Service, and where Companyis authorized to provide Services. Provision of Services offeredunder this Tariff is subject to availability.

2.18 Contract or Agreement

Company will offer Contract Service Arrangements to meet thediverse communications needs of Company's Customers. All terms andconditions as specified in the Tariff will apply unless otherwisespecified in the contract between Company and the Customer.

2.19 Other Rules

Company reserves the right to discontinue Service, in whole or inpart, limit Service or to impose requirements on Customers asrequired to meet changing regulations, rules or standards of theCommission.

Company also reserves the right to modify or change the networkspecifications without separate notice to Customer.

In the event terms of this Tariff are changed, Customer will be onconstructive notice of the change through the filing of Tariffrevisions.


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2.20 Standard PremierSERV SM ATM/Frame Relay Service Level Agreement (SLA)

The Standard PremierSERV SM ATM/Frame Relay SLA applies to Customerswho purchase PremierSERV SM Asynchronous Transfer Mode (ATM) Serviceor Frame Relay Service. When Customer purchases PremierSERV SM ATMor Frame Relay Service described above, Customer accepts theStandard PremierSERV SM ATM/Frame Relay SLA for those newPremierSERV SM ATM or Frame Relay Service elements and any existingPremierSERV SM ATM or Frame Relay Service elements provided on thesame network as those new PremierSERV SM ATM or Frame Relay Serviceelements. The Standard PremierSERV SM ATM or Frame Relay SLA isavailable at no additional cost to Customer. The total amount ofthe Service credit Customer receives for any Port or PVC/VPC/VCCfor any month shall not exceed 100% of the monthly recurring chargeassociated with the Port or PVC/VPC/VCC. The Standard PremierSERV SM

ATM/Frame Relay SLA will apply until Service is disconnected.

2.20.1 Frame/Cell Delivery Ratio

For PremierSERV SM ATM and Frame Relay Services provided to theCustomer, Company is committed to maintaining data throughputacross the Company-provided, Customer-specific network at aFrame/Cell Delivery Ratio of 99.99% per PVC/VPC/VCC fromingress switch port to egress switch port during each calendarmonth, under normal conditions.

2.20.1.A Frame/Cell Delivery Ratio is calculated as thepercentage of Customer-specific Frames/Cells offered tothe network that successfully egress the network(ingress switch port to egress switch port) within theCommitted Information Rate (CIR) for PremierSERV SM FrameRelay or within the Sustained Information Rate (SIR) forPremierSERV SM ATM, and within a calendar month. Thecalculation for Frame/Cell Delivery Ratio for a givencalendar month shall be as follows:

Total Customer-specific Frames/Cells thatFrame/Cell = successfully egress the network

Delivery Ratio Total number of Customer-specific Frames/Cellsoffered to the network


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2.20 Standard PremierSERV SM ATM/Frame Relay Service Level Agreement (SLA)(Cont’d)

2.20.1 Frame/Cell Delivery Ratio (Cont’d)

2.20.1.A (Cont’d)

The following will be excluded from any determination ofFrame/Cell Delivery Ratio:• Force majeure events as outlined in Section 2.4, preceding;• Data lost during Company’s scheduled maintenance window;• Data exceeding the subscribed Committed Information Rate

(CIR) for PremierSERV SM Frame Relay or SustainedInformation Rate (SIR) for PremierSERV SM ATM;

• Failures attributed to facilities or equipment provided byanother party or the Customer;

• Failures attributed to unauthorized use of Service orinaccurate network specifications requested by Customer;

• Failures attributed to negligence or willful misconduct bythe Customer;

• PremierSERV SM UBR VPC/VCCs;• Access failures;• PVC/VPC/VCCs that transmit data across oversubscribed

ingress or egress ports, which includes data not marked“discard eligible” and instances where cell loss priorityequals one (1).


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2.20.1 Frame/Cell Delivery Ratio (Cont’d)

2.20.1.B Customer is responsible for notifying Company when theCustomer-specific Frame/Cell Delivery Ratio falls below99.99% for a PVC/VPC/VCC within the calendar month.Customer must request a service credit within forty-five(45) calendar days after the end of the calendar monthin which the failure occurred.

Upon verification by Company that the actual Customer-specific Frame/Cell Delivery Ratio for a PVC/VPC/VCC wasbelow 99.99%, Company has thirty (30) calendar days tocorrect the problem. If after thirty (30) calendar daysthe Frame/Cell Delivery Ratio is still below 99.99%,Customer will be entitled to a service credit equal to:

• 50% of the monthly recurring charges for all affectedPorts and/or PVC/VPC/VCCs for the subsequent month inwhich the Customer-specific Frame/Cell Delivery Ratiowas below 99.99%.


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2.20.2 Time to Repair

For PremierSERV SM ATM/Frame Relay Services provided to Customer,Company is committed to maintaining a 4-hour maximum repair timeper PVC/VPC/VCC, Port or Port and Access outage (or an 8-hourmaximum repair time if a technician is required to bedispatched). This includes the Access and equipment when providedby Company. This applies only to those troubles reported byCustomer to the Data Service Center (DSC).

2.20.2.A Elapsed time begins when the trouble call is received bythe Data Service Center (DSC) and ends when the serviceis restored to normal operating performance.

The following shall be excluded from any determinationof Time To Repair:• Force majeure as outlined in section 2.4 preceding;• Data lost during Company’s scheduled maintenance

window;• Failures attributed to facilities or equipment

provided by another party or the Customer;• Network Interface Device failures;• Customer Equipment failures;• Customer “no access” time as defined below:

- Customer not available;- Coordinated Vendor meeting;- Abeyance on Customer request;- After hours testing because no Customer daytime

release; or- Tickets referred to another party.

2.20.2.B Customer is responsible for notifying Company of anyoutages that exceed the 4 or 8 hour maximum as describedabove. Customer must request a service credit withinforty-five (45) calendar days after the failure(s)occurred.

Upon verification by Company that the actual repair timefor any PVC/VPC/VCC, Port or Port and Access exceededthe 4 or 8 hour maximum described above, Customer willbe entitled to a service credit equal to:

• 50% of the monthly recurring charges for all affectedPorts and/or PVC/VPC/VCCs for month in which theoutages occurred.


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2.20.3 Time to Provision

For PremierSERV SM ATM/Frame Relay Services provided to Customer,Company is committed to completing all service orders by the duedate. In the event that Customer requests a due date differentfrom one shown on original order, a new due date is issued andreplaces the original due date. Standard Time to Provisionincludes Access and equipment when provided by Company.

2.20.3.A The following shall be excluded from any determinationof Time to Provision:• Force majeure as outlined in Section 2.4, preceding;• Inability by Company to test because of no-access by

Customer;• Customer testing when Customer Equipment is not

installed and the Customer overall tests are notcompleted at due date;

• Due dates missed or rescheduled at Customer’srequest;

• Inability by Company to test or complete the orderbecause of failures or not-ready conditionsattributed to facilities or equipment provided byanother party or the Customer.

2.20.3.B Customer is responsible for notifying Company of anymissed due dates. Customer must request a Service creditwithin forty-five (45) calendar days after the misseddue date occurred.

Upon verification by Company that the due date wasmissed, the Customer will be provided a Service creditequal to:

• 100% of the monthly recurring charges for one monthof Service for each Port and/or PVC/VPC/VCC in whichthe due date was missed.


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2.20.4 Latency

For PremierSERV SM ATM and Frame Relay Services provided to theCustomer, Company is committed to maintaining Frame/Cell delayacross the Company-provided Customer-specific network accordingto the parameters below:

• On average, less than or equal to 100 milliseconds roundtripper PVC for all PremierSERV SM Frame Relay Service includingFRATM/VPC/VCCs;

• On average, less than or equal to 100 milliseconds roundtripper VPC/VCC for PremierSERV SM ATM Service with CBR, VBR-nrt andVBR-rt Quality of Service

Latency is measured from ingress switch port to egress switchport during each calendar month.

2.20.4.A Latency is calculated as the amount of time, inmilliseconds, it takes for a Frame/Cell to travelroundtrip across a PVC/VPC/VCC. If Customer has a FRATMnetwork, the parameters for PremierSERV SM Frame RelayService will be applied.

The following shall be excluded from any determinationof Latency:• Force majeure events as outlined in Section 2.4,

preceding;• Data exceeding the subscribed Committed Information

Rate (CIR) for PremierSERV SM Frame Relay or SustainedInformation Rate (SIR) for PremierSERV SM ATM;

• Failures attributed to facilities or equipmentprovided by another party or the Customer;

• Failures attributed to unauthorized use of Service orinaccurate network specifications requested byCustomer;

• Failures attributed to negligence or willfulmisconduct by the Customer;

• PremierSERV SM UBR VPC/VCCs;• Access failures;• PVCs that transmit data across oversubscribed ingress

or egress ports, which includes data not marked“discard eligible” and instances where the cell losspriority equals one (1).


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2.20.4 Latency (Cont’d)

2.20.4.B Customer is responsible for notifying Company when theiraverage Customer-specific Frame/Cell delay falls belowthe committed level. Customer must request a Servicecredit within forty-five (45) calendar days of the endof the calendar month when the excessive delay occurred.

Upon verification by Company that the Customer-specificFrame/Cell delay did not meet the committed level,Company has thirty (30) calendar days to correct theproblem. If after thirty (30) calendar days theFrame/Cell delay is still greater than the committedlevel, the Customer will be entitled to a service creditequal to:

• 50% of the monthly recurring charges for all affectedPorts and/or PVC/VPC/VCCs for the subsequent month inwhich the Customer-specific Frame/Cell delay wasbelow the committed level.


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2.20.5 Network Availability

For PremierSERV SM ATM/Frame Relay Services provided to theCustomer, Company is committed to maintaining a NetworkAvailability of 99.99% each calendar month per network and withina LATA.

Network Availability is measured based on components purchasedfrom Company:• If Customer’s entire network consists of Port and Access

provided by Company at all Customer locations, then NetworkAvailability is based on PVC/VPC/VCC measured from NetworkInterface to Network Interface.

• If Customer purchased Port Only from Company, then NetworkAvailability is based on PVC/VPC/VCCs measured from ingressswitch port to egress switch port.

2.20.5.A The calculation for Network Availability for a givencalendar month shall be as follows:

Network % = 1 - Total minutes of PVC/VPC/VCC outage time per month x 100Availability Total # of PVC/VPC/VCCs x 24 hours x days per month x 60 minutes

The following shall be excluded from any “networkoutage time”:• Force majeure events as outlined in Section 2.4,

preceding;• Data lost during Company’s scheduled maintenance

window;• Failures attributed to facilities or equipment

provided by another party or the Customer;• Failures attributed to unauthorized use of Service

or inaccurate network specifications requested byCustomer;

• Failures attributed to negligence or willfulmisconduct by the Customer;

• Customer “no access” time as defined below:- Customer not available;- Coordinated Vendor meeting;- Abeyance on Customer request;- After hours testing because no Customer daytime

release; or- Tickets referred to another party;

• Access failures (if Access is not provided byCompany)


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2.20.5 Network Availability (Cont’d)

2.20.5.B Customer is responsible for notifying Company when itsaverage Customer-specific Network Availability fallsbelow 99.99%. The Customer must request a Servicecredit within forty-five (45) calendar days of the endof the calendar month when the Network Availability wasnot met.

Upon verification by Company that the Customer-specificNetwork Availability did not meet 99.99% , the Customerwill be entitled to a service credit equal to:

• 10% of the monthly recurring charges for allaffected Ports and/or PVC/VPC/VCCs for month inwhich Network Availability failure occurred.


ADVANCED SERVICES

3. APPLICATION OF RATES

3.1 Rate Regulations

There are two (2) categories of rates and charges: Nonrecurring andmonthly recurring charges.

3.2 Nonrecurring Charges

Nonrecurring charges are one-time charges that apply for specificwork activity.

3.2.1 Installation of Service

Nonrecurring charges apply to each Service installed. Theapplicable charges are specified within each Service ratesection.

3.2.2 Record Order Charges

Nonrecurring charge applies for receiving, recording andprocessing information in connection with Customer initiatedchanges to customer’s account information (i.e. change incustomer billing name or billing address). In theseinstances, a record order is issued. Once a record order isissued, customer may request additional changes to theiraccount information without a subsequent record order beingissued, provided the additional changes are requested duringthe same business day.

The Record Order Charge is $14 per Record Order.

3.2.3 Service Order Change Charges

A Service Order Change Charge applies if customer requests anaddition to, change to, or rearrangement of Service withinthree (3) days prior to the Service Due Date, and the requestrequires engineering redesign. The Service Order ChangeCharge is $50 per service order.

Customer may request to extend a Due Date for serviceprovided the new Service Due Date is no more than thirty (30)calendar days beyond the original Service Due Date. Should arequest be made to extend for more than thirty (30) calendardays beyond the originally scheduled Service Due Date, theoriginal Service Order will be cancelled and a new order forservice must be placed. There will be a $250 cancellationcharge for cancelled orders.


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3. APPLICATION OF RATES (Cont’d)

3.2 Nonrecurring Charges (Cont’d)

3.2.4 Expedite Order Charges

If Customer desires that Service be provided on a due dateearlier than the due date offered the Customer, the Customermay request the Service be provided on an expedited basis.

There will be a $250 charge for Expedite Orders that arelimited to PVC additions or Port installations. For Port andAccess Expedite Order requests, there is a minimum charge of$500 per Service Order. In addition, the Company will passon and bill the Customer any additional charges it incursfrom other service providers, such as ILECs, IXCs and CLECs,necessary to complete the Expedite Order. Company willprovide Customer an estimate of any additional chargesinvolved prior to the charges being incurred by Customer.

If the Company determines that the Service can be provided onan expedited basis and the Customer accepts the new expediteddate and agrees to pay any applicable costs, the ExpediteOrder will then be processed.

If the Company is unable to meet the agreed upon expeditedService date, but the Service is still provided on anexpedited basis (prior to original due date offered by theCompany), Customer will still incur applicable expeditecharges.

3.2.5 Additional Labor Charge

In this section, normally scheduled working hours aregenerally 8:00 a.m. to 5:00 p.m. Monday through Friday,excluding Holidays. However, the hours may vary based onCompany policy, union contract and location.

Additional Labor is that labor requested by Customer on agiven Service and agreed to by Company as set forth below.Company will notify Customer that Additional Labor Chargeswill apply before any additional labor is undertaken.

There is a half-hour minimum charge for any Additional Labor.All Additional Labor Charges for work performed duringnormally scheduled working hours will be billed at $50 forthe first half-hour and $25 for each subsequent quarter houror fraction thereof, per technician.


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3.2 Nonrecurring Charges (Cont’d)

3.2.5 Additional Labor Charge (Cont’d)

All Additional labor performed outside of normally scheduledworking hours (overtime) will be billed at $62.50 for thefirst half-hour and $31.25 for each subsequent quarter houror fraction thereof, per technician. A call-out of Companypersonnel for Additional Labor at a time not consecutive withCompany’s normally scheduled working hours is subject to aminimum charge of four hours.

If more than one technician is involved in the sameAdditional Labor project, the total amount of time for alltechnicians involved will be aggregated prior to thedistribution of time between the first half-hour and eachadditional quarter hour rate categories.

3.2.5.A Overtime Installation

Overtime installation is that Company installationeffort outside of normally scheduled working hours.

3.2.5.B Stand By

Stand by includes all time in excess of one-half (1/2)hour during which Company personnel stand by to makeinstallation acceptance tests or cooperative tests witha Customer to verify facility repair on a given Service.

3.2.5.C Testing and Maintenance with Other Companies

Additional testing, maintenance or repair of facilitieswhich connect to facilities of other telephonecompanies, is that which is in addition to the normaleffort required to test, maintain or repair facilitiesprovided solely by the Company. For Testing andMaintenance Services, if the Customer elects not torelease a circuit during the Company’s normal workinghours, Company will work with the customer to reach amutually agreed upon time.

3.2.5.D Other Labor

Other Labor is that additional labor not included inSections 3.2.5.A through 3.2.5.C, preceding, and laborincurred to accommodate a specific Customer request thatinvolves only labor which is not covered by any otherSection.


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3.3 Monthly Recurring Charges

Monthly Recurring Charges are the charges applied each month forthe Service being provided.

3.4 Minimum Period

The minimum period for which all Services are provided and forwhich rates and charges apply is twelve (12) months.

When Service is discontinued prior to the expiration of the minimumperiod, charges are applicable whether the Service is used or not.The applicable charge will be 50% of the total monthly charges atthe rate in effect at the time Service is discontinued, for theremainder of the minimum period.

3.5 Term Pricing Plans

3.5.1 Term Pricing Plans (TPP) provide customer with stabilizedrates for a one (1), two (2), three (3) or five (5) yearminimum Service periods 1. TPP monthly rates will be exemptfrom Company-initiated rate increases throughout theselected TPP Service period. The TPP start date for eachService commences on the date installation is complete, andService under that TPP ends on the anniversary date of theinstallation.

3.5.2 Customer may request an existing TPP Service period beconverted to a new TPP Service period without incurringtermination or nonrecurring charges provided the new Serviceperiod is equal to or greater than the remaining portion ofthe original TPP Service period.

3.5.3 If the Customer requests that Service provided under a TPPbe converted to a shorter term (i.e., five (5) year to three(3) year term), the request will be treated as a terminationof Service and termination charges will apply.

3.5.4 Customer must provide Company written notice of intent torenew TPP no later than 60 days prior to its expiration.Nonrecurring charges do not apply if TPP is renewed. Therenewal rates will be the rates that are currently in effectand available to all customers.

If Customer does not renew TPP or does not notify Company ofits intent to renew, customer’s Service will convert to thecurrent Out of Term rates until the customer cancels orrenews the Service with a new TPP term.

1 Effective March 19, 2010, 5 Year terms are not available to new customers.


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3.5 Term Pricing Plans (Cont’d)

3.5.5 Termination Charges

Except as noted in 3.5.2 preceding, customers who terminatea TPP prior to the expiration of the term period will incurtermination charges equal to 50% of the total monthlyrecurring charges for the remainder of Customer’s TPP term.

3.6 Moves

3.6.1 Moves Within the Same Building

Moves within the same building will incur a charge equal toone-half (1/2) of the nonrecurring charges associated withthe moved Service (or, in instances where the associatednonrecurring charge is zero, the nonrecurring chargesassociated with the shortest term commitment available) andall associated special construction and material charges forthe Service. There will be no change in TPP termrequirements.

3.6.2 Moves To a Different Building

Moves to a different building will incur a charge equal tothe nonrecurring charges associated with the moved Service(or, in instances where the associated nonrecurring chargeis zero, the nonrecurring charges associated with theshortest term commitment available) and all associatedspecial construction and material charges for the Service.There will be no change in TPP term requirements, except asnoted in 3.6.3 below.

3.6.3 When Termination Charges Apply

If an order to move Service provided under a TPP does notmeet one or more of the conditions described below, it willbe treated as a discontinuance of Service and theestablishment of a new Service and termination charges willapply. Except as noted, the monthly rates for the newService will be those in effect at the time Service ismoved. All nonrecurring charges and special constructioncharges associated with the establishment of the new Servicewill apply. In instances where the associated nonrecurringcharge is zero, the nonrecurring charges associated with theshortest term commitment available will apply.


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3.6 Moves (Cont’d)

3.6.3 When Termination Charges Apply (Cont’d)

3.6.3.A Moves at Same Transmission Speed

For moves or changes at the same transmission speed,the Customer may move Service to a new location, ormove and change to another Company Service withoutincurring termination charges provided all of thefollowing conditions are met:

1) The new Service is provided solely by Company;2) The Customer's request to disconnect Service and

request for new Service are received at the sametime;

3) The new service date requested by the Customer iswithin 120 days of the Customer disconnect request;

4) The new Service has a transmission speed equal tothe transmission speed of the existing Service;

5) For permanent virtual circuits (PVCs), the movemust be associated with the move of one or moreassociated ports;

6) The total monthly charge for the new Service isequal to or greater than the total monthly price ofthe original Service.

7) The new Service establishes a new TPP effectivedate with a term equal to or greater than theoriginal TPP term established at the formerlocation; and

8) The total TPP revenue for the new Service is equalto or greater than the remaining TPP revenue of theoriginal Service.


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3.6 Moves (Cont’d)

3.6.3 When Termination Charges Apply (Cont’d)

3.6.3.B Moves Involving Upgrades in Transmission Speed

For moves involving upgrades in transmission speed,the customer may move Service to a new location andupgrade to a higher speed Company Service withoutincurring termination charges provided all of thefollowing conditions are met:

1) The new Service is provided solely by Company;2) The customer's request to disconnect Service and

request for new Service are received at the sametime;

3) The new service date requested by the Customer iswithin 120 days of the Customer disconnectrequest;

4) The new Service has a transmission speed greaterthan the transmission speed of the existingService;

5) For PVCs, the move must be associated with themove of one or more associated ports;

6) The total monthly charge for the new Service isequal to or greater than the total monthly priceof the original Service.

7) The new Service establishes a new TPP effectivedate with a term equal to or greater than theoriginal TPP term established at the formerlocation; and

8) The total TPP revenue for the new Service is equalto or greater than the remaining TPP revenue ofthe original Service.


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3.7 Upgrades Not Involving Moves

Customer may upgrade Service to a higher transmission speed or toanother Company Service of equal or greater transmission speedwithout incurring termination charges if all of the followingconditions are met:

1) The new Service is provided solely by Company;2) The new Service is provided to the same customer location;3) For PVCs, the new Service must be provided between the same two

locations;4) The customer's requests to disconnect Service and request for

new Service are received at the same time;5) For Service upgraded pursuant to this section, the new Service

establishes a new TPP effective date with a term equal to orgreater than the original TPP term established with the originalService. (In instances where customer upgrades Service to ahigher transmission speed that does not require a physicalchange in the Port or Access, no new TPP term is required.);and

6) The total TPP revenue for the new Service is equal to or greaterthan the remaining TPP revenue of the original Service.

Any applicable nonrecurring or special construction chargesassociated with the new Service will apply.

3.8 Service Order Cancellation Charges

Customer may cancel a Service Order at any time prior to theService Due Date. The cancellation date is the date the Companyreceives written or verbal notice from the Customer that the orderis to be cancelled. The following conditions apply to serviceOrder cancellations:

•••• If Customer cancels an order for Service more than three (3)business days after Firm Order Confirmation (FOC) has beenprovided, Customer will incur a $250 cancellation charge. Thiscancellation charge will be billed in addition to any othercharges Company incurs, including but not limited to applicablecancellation or termination charges from other Service providerssuch as ILECs, IXCs and CLECs. The Service Order CancellationCharge will apply per Service Order.

•••• For Service Orders cancelled less than three (3) business daysbefore the Service Due Date, the request will be treated as adisconnect and will include applicable termination charges equalto 50% of the total monthly recurring charges. The above $250cancellation charge will not apply.


ADVANCED SERVICES

4. PremierSERV SM ASYNCHRONOUS TRANSFER MODE (ATM) SERVICE

4.1 Service Description

Effective September 30, 2011, PremierSERV sm Asynchronous TransferMode (ATM) service defined in this section of this Tariff will nolonger be available to new customers. Existing term plan customersof PremierSERV ATM Service may add, move, remove or change linesand/or locations in accordance with the terms and conditions oftheir current term plan agreement for the duration of their currentterm plan agreement, but may not enter into any new term planagreements. The Company will support one extension of an existingnon-expired term plan agreement past its current term for twelve(12) months, provided the extension is signed on or before June 30,2013. Upon expiration of the extension and for existing customerswho do not extend an existing non-expired term plan agreement,service will continue on a month-to-month basis until the service isdiscontinued on at least 30 days prior notice by the customer or onat least 30 days notice (or such longer period as may be required bythe Commission) by the Company.

PremierSERV SM Asynchronous Transfer Mode (ATM) Service is a fastpacket, cell-based technology that can support data and videoapplications requiring high bandwidth, high performance transportand switching. ATM Service will allow customers who haverequirements for high-speed connectivity to interconnect theirmultiple locations. ATM offers low latency, high throughput andflexible bandwidth interconnections capable of carrying a wide rangeof Services.

4.2 Service Components

A nonrecurring charge and a monthly rate apply, based upon the speedof the connections, term plan and features selected.

4.2.1 User Network Interface (UNI) Port and Access

UNI Port and Access connects the customer to the Company’s ATMnetwork, based upon the standards defined UNI signalingprotocol. UNI Port and Access is available at full bandwidthDS1, DS3, OC-3c and OC-12c speeds and Subrate DS3 and OC-3cspeeds. Each UNI Port and Access will accommodate multiplePermanent Virtual Circuits (PVCs), based upon the speedsselected.

UNI Port and Access in OC-3c and OC-12c speeds can be purchasedwith a protection option, where available. This option providesadditional protection from fiber cable cuts by routing theworking fiber pair via the primary route and the protected fiberpair via a physically diverse alternate route.


ADVANCED SERVICES

4. PremierSERV SM ASYNCHRONOUS TRANSFER MODE (ATM) SERVICE (Cont’d)

4.2 Service Components (Cont’d)

4.2.1 User Network Interface (UNI) Port and Access (Cont’d)

In addition, customers purchasing UNI Port and Access in OC-12cspeed may incur charges for interoffice mileage if the CentralOffice serving the customer premises does not have an ATM switchor ATM switch is not OC-12c capable. OC-12c interoffice mileagecharges consist of fixed and variable (per mile) rates.

4.2.2 User Network Interface (UNI) Port Only

UNI Port Only provides the customer a port connection into theCompany’s ATM network, based upon the standards defined UNIsignaling protocol. UNI Port Only is available at full bandwidthDS1, DS3, OC-3c and OC-12c speeds and Subrate DS3 and OC-3.When UNI Port Only is selected, it is the customer’sresponsibility to obtain access to Company’s ATM network. EachUNI Port Only will accommodate multiple Permanent VirtualCircuits (PVCs), based upon the speeds selected.

4.2.3 Inverse Multiplexing over ATM (IMA) UNI Port and Access

IMA UNI Port and Access provides inverse multiplexing of an ATMcell stream over two (2) to eight (8) physical DS1s andretrieval of the original stream at the far end of thoseconnections. IMA UNI Port and Access is based upon thestandards defined UNI signaling protocol.

4.2.4 Inverse Multiplexing over ATM (IMA) UNI Port Only

IMA UNI Port Only provides the customer an IMA port connectioninto the Company’s ATM network, based upon the standards definedUNI signaling protocol. When IMA UNI Port Only is selected, itis the customer’s responsibility to obtain access to Company’sATM network. IMA UNI Port Only is provided over two (2) to eight(8) physical DS1s.

4.2.5 Broadband ISDN Inter-Carrier Interface (B-ICI) Port and Access

B-ICI Port and Access connects the customer to the Company’s ATMnetwork, based upon the standards defined B-ICI signalingprotocol. B-ICI Port and Access allows customer networks tointerconnect to the Company ATM network. B-ICI Port and Accessis available at DS1, DS3, OC-3c and OC-12c speeds. Each B-ICIPort and Access will accommodate multiple Permanent VirtualCircuits (PVCs), based upon the speeds selected.


ADVANCED SERVICES



4.2.5 Broadband ISDN Inter-Carrier Interface (B-ICI) Port and Access(Cont’d)

B-ICI Port and Access in OC-3c and OC-12c speeds can bepurchased with a protection option, where available. This optionprovides additional protection from fiber cable cuts by routingthe working fiber pair via the primary route and the protectedfiber pair via a physically diverse alternate route.

In addition, customers purchasing B-ICI Port and Access in OC-12c speed may incur charges for interoffice mileage if theCentral Office serving the customer premises does not have anATM switch or ATM switch is not OC-12c capable. OC-12cinteroffice mileage charges consist of fixed and variable (permile) rates.

4.2.6 Broadband ISDN Inter-Carrier Interface (B-ICI) Port Only

B-ICI Port Only provides the customer a port connection into theCompany’s ATM network based upon the standards defined B-ICIsignaling protocol. B-ICI Port Only is available at DS1, DS3,OC-3c and OC-12c speeds. When B-ICI Port Only is selected, it isthe customer’s responsibility to obtain access to Company’s ATMnetwork. Each B-ICI Port Only will accommodate multiplePermanent Virtual Circuits (PVCs), based upon the speedsselected.

4.2.7 Circuit Emulation Service (CES) Port Only

CES Port Only provides the customer a Time Division Multiplexing(TDM) port connection into the Company’s ATM network. CES PortOnly provides the capability of directly connecting a TDMinterface carrying constant bit rate (CBR) traffic over ATMnetworks. It is the customer's responsibility to obtain the TDMtransport component of the service to the public switchedtelephone network. CES Port Only is to be used in conjunctionwith CES VCCs.


ADVANCED SERVICES



4.2.8 Permanent Virtual Circuits (PVCs)

PVCs are logical connections between ports that allow data to be sentfrom one customer location to another. PVCs do not engage capacitywhen idle, allowing the available capacity to be allocated to otheractive PVCs that are in need of additional bandwidth. With theexception of Multicasting VCCs, PVCs are duplex (two-way).

When placing an order for Service, customer must specify the followingfor each PVC:

• PVC Connection Type;• Traffic Parameter;• VCC/VPC Type; and• Quality of Service.

4.2.8.A PVC Connection Types

(1) ATM to ATM

ATM to ATM connects two ATM customer locations.

(2) Frame Relay to ATM Service (FRATM)

FRATM connects two customer locations, one having aFrame Relay port and the other an ATM port, to providetransparent interworking between Frame Relay and ATMnetworks.

4.2.8.B Traffic Parameters

The customer must choose the traffic parameters availablefor each PVC selected. Traffic parameters representpriorities given to cell transmissions, sensitivity ofcells to delay variation and loss within the network.Traffic Shaping is a flow control functionality that mustbe enabled on the customer premises equipment to ensure thecustomer's data traffic transmission rate does not violatethe customer’s chosen traffic parameters.

(1) Peak Information Rate (PIR)

The PIR designates an upper limit that the trafficinformation rate may not exceed. PIR is expressed inKbps or Mbps. Traffic that exceeds the PIR value willbe discarded from the network for all Quality ofService types.


ADVANCED SERVICES



4.2.8 Permanent Virtual Circuits (PVCs) (Cont’d)

4.2.8.B Traffic Parameters (Cont’d)

(2) Sustainable Information Rate (SIR)

The Sustainable Information Rate (SIR) specifies the“average” traffic rate that is transmitted andreceived. SIR is expressed in Kbps or Mbps.

(3) Maximum Burst Size (MBS)

MBS specifies the maximum number of cells per second(cps) that can be transmitted at the PIR. The MBSdefault is 32cps.

4.2.8.C PVC Types

(1) Virtual Channel Connection (VCC)

Logical connection between one ATM switch port andanother switch port. The VCC allows exchange ofinformation in the form of fixed cells at variablerates. Company configures and maintains the individualVCCs within the ATM connection.

(2) Virtual Path Connection (VPC)

A group of logical connections between one ATM switchport and another ATM switch port. A VPC connection istypically used to route multiple customer defined VCCsas a group. It is the responsibility of the customerto configure and maintain the individual VCCs within aVPC connection.


ADVANCED SERVICES




4.2.8.D VCC/VPC Types

(1) Standard VCC/VPC

Standard VCCs/VPCs are utilized in typical ATM networksto provide logical connections between two ports.

(2) Circuit Emulation Service (CES) VCC

CES VCCs provide logical connection between a CES portand another ATM port. CES VCC is to be used inconjunction with CES Port Only. CES VCCs are alwaysprovisioned with CBR Quality of Service and a PIRtraffic parameter of 1.755 Mbps. A CES DS1 VCC cannotbe provisioned to an ATM DS1 UNI Port.

(3) Frame Relay to ATM Service (FRATM) VCC

A FRATM VCC is established to connect two customerlocations, one having a Frame Relay port and the otheran ATM port, to provide transparent interworkingbetween Frame Relay and ATM networks. The FRATM VCCcan be provisioned with either of the following Qualityof Service options:

• VBR-nrt Quality of Service on the ATM portion of theservice, and Standard Quality of Service on theFrame Relay portion;

• VBR-rt Quality of Service on the ATM portion of theservice and Priority Quality of Service on the FrameRelay portion

A FRATM VCC with the VBR-nrt Standard option is pricedbased upon the ATM SIR value selected. A FRATM VCCwith the VBR-rt/Priority option is priced based uponthe ATM PIR value selected.


ADVANCED SERVICES




4.2.8.D VCC/VPC Types (Cont’d)

(4) Disaster Recovery VCC/VPC

Disaster Recovery VCCs/VPCs allow for theimplementation of logical connections between branchlocations and a secondary processor/server center(disaster recovery location) should a non-recoverabledisaster occur at the primary host location. Thedisaster recovery location must also be served by anactive, Company provided ATM/Frame Relay Port.

Disaster Recovery VCCs/VPCs are provisioned based uponan initial order from the customer and pre-configuredin the ATM switch, but set to a disabled mode. Customermust initiate VCC activation with Company and necessarythird party vendors.

(5) Alternate Routing VCC/VPC

Alternate Routing VCCs/VPCs provide a logicalconnection to an alternate host locationprocessor/server in the event of an outage at theprimary location. Alternate Routing VCCs/VPCs are to beutilized in the event of an outage at the primarylocation only, not day-to-day use. Alternate RoutingVCCs/VPCs are provisioned based upon an initial orderfrom the customer and available at all times. Theremote customer location is provisioned with two activeVCCs/VPCs, one end to the primary customer location andone end to the backup customer location.

(6) Multicasting VCC

Multicasting VCCs are used to communicate uni-directionally from one location to many locations. Itallows customer premises equipment to send cells intothe Company ATM network over a specially designatedMulticast VCC. The cells are replicated and sentacross various VCCs defined on the same port as theMulticast VCC. Multicast VCCs are used in conjunctionwith the VBR-nrt Quality of Service and SIR trafficparameter.


ADVANCED SERVICES




4.2.8.E Quality of Service (QoS)

The PVC Quality of Service required is based upon thetraffic parameter selected.

(1) Constant Bit Rate (CBR)

CBR supports the transmission of a continuous flow ofuser information required to support applications wherevariable delays in transmission could negatively impactthe streaming information content. CBR is the highestpriority traffic on the network. Examples ofapplications requiring CBR are video and datastreaming. When choosing CBR, customer must specify thePeak Information Rate (PIR), Sustained Information Rate(SIR) and Maximum Burst Size (MBS) Traffic Parameters.The PIR is used to determine the price.

(2) Variable Bit Rate - real time (VBR-rt)

VBR-rt supports traffic transmission levels forapplications where the PVC requires low cell deviation.Such applications could include variable bit rate videocompression and packet voice and video, which aresomewhat tolerant of delay. When choosing VBR-rt,customer must specify the Peak Information Rate (PIR),Sustained Information Rate (SIR) and Maximum Burst Size(MBS) traffic parameters. The PIR is used to determinethe price.

(3) Variable Bit Rate - non real time (VBR-nrt)

VBR-nrt supports traffic transmission levels forapplications where the PVC can tolerate larger celldelay variation than VBR-rt. Such applications couldinclude data file transfers. When choosing VBR-nrt,customer must specify the Peak Information Rate (PIR),Sustained Information Rate (SIR) and Maximum Burst Size(MBS) traffic parameters. The SIR is used to determinethe price.


ADVANCED SERVICES




4.2.8.E Quality of Service (QoS) (Cont’d)

(3) Unspecified Bit Rate (UBR)

UBR supports the transmission of a continuous bitstream of traffic for delay-tolerant applications suchas data file transfers. When choosing UBR, customermust specify the Peak Information Rate (PIR) trafficparameter. The PIR value cannot be greater than theport speed. Customers wishing to oversubscribe maypurchase additional UBR connections.


ADVANCED SERVICES


4.3 Rates

UNI Port Only Out of Term 1 Year 2 Year 3 Year 5 Year 1

Bandwidth Speed Monthly NRC Monthly NRC Monthly NRC Monthly NRC Monthly NRC

DS1 1.5Mbps $1,503 NA $1,443 $600 $1,382 $600 $1,310 $0 $790 $0

SubrateDS3

20Mbps $5,789 NA $5,162 $1,250 $4,589 $1,250 $3,965 $0 $2,318 $0

DS3 40Mbps $8,093 NA $7,443 $1,250 $6,616 $1,250 $5,715 $0 $3,340 $0

SubrateOC-3c

50Mbps $8,208 NA $7,776 $1,500 $7,350 $1,500 $6,754 $0 $4,664 $0

SubrateOC-3c

100Mbps $9,364 NA $8,933 $1,500 $8,259 $1,500 $7,996 $0 $5,362 $0

OC-3c 149Mbps $10,148 NA $9,468 $1,500 $9,042 $1,500 $8,655 $0 $5,735 $0

OC-12c 599Mbps $18,788 NA $17,531 $1,500 $16,740 $1,500 $16,023 $0 $11,126 $0

IMA UNI Port Only Out of Term 1 Year 2 Year 3 Year 5 Year 1


2 DS1s 3.0Mbps $2,592 NA $2,337 $1,200 $2,238 $1,200 $2,117 $0 $1,278 $0

3 DS1s 4.5Mbps $2,878 NA $2,669 $1,200 $2,556 $1,200 $2,420 $0 $1,461 $0

4 DS1s 6.0Mbps $3,388 NA $3,002 $1,200 $2,878 $1,200 $2,722 $0 $1,644 $0

5 DS1s 7.6Mbps $3,802 NA $3,401 $1,200 $3,258 $1,200 $3,086 $0 $1,863 $0

6 DS1s 9.1Mbps $4,222 NA $3,801 $1,200 $3,642 $1,200 $3,448 $0 $2,082 $0

7 DS1s 10.6Mbps $4,636 NA $4,200 $1,200 $4,025 $1,200 $3,812 $0 $2,302 $0

8 DS1s 12.1Mbps $5,320 NA $4,865 $1,200 $4,474 $1,200 $4,234 $0 $2,675 $0

B-ICI Port Only Out of Term 1 Year 2 Year 3 Year 5 Year 1


DS1 1.5Mbps $3,654 NA $3,214 $600 $2,775 $600 $2,332 $0 $1,310 $0

DS3 40Mbps $8,175 NA $7,516 $1,250 $6,671 $1,250 $5,850 $0 $3,492 $0

OC-3c 149Mbps $10,539 NA $9,910 $1,500 $9,516 $1,500 $9,155 $0 $6,104 $0

OC-12c 599Mbps $19,930 NA $18,675 $1,500 $17,883 $1,500 $17,164 $0 $11,412 $0



ADVANCED SERVICES


4.3 Rates (Cont’d)

CES Port Only Out of Term 1 Year 2 Year 3 Year 5 Year 1


DS1 1.5Mbps $1,523 NA $1,463 $850 $1,402 $850 $1,330 $0 $810 $0

UNI Port and Access Out of Term 1 Year 2 Year 3 Year 5 Year 1


DS1 Port 1.5Mbps $1,503 NA $1,443 $600 $1,382 $600 $1,310 $0 $790 $0

Access 1.5Mbps $248 NA $227 $400 $218 $400 $208 $0 $204 $0

Total DS1 Portand Access

1.5Mbps $1,751 NA $1,670 $1,000 $1,600 $1,000 $1,518 $0 $994 $0

Subrate DS3Port

20Mbps $5,789 NA $5,162 $1,250 $4,589 $1,250 $3,965 $0 $2,318 $0

Access 20Mbps $2,736 NA $2,585 $1,250 $2,437 $1,250 $1,985 $0 $1,671 $0

Total SubrateDS3 Port andAccess

20Mbps $8,525 NA $7,747 $2,500 $7,026 $2,500 $5,950 $0$3,989

$0

DS3 Port 40Mbps $8,093 NA $7,443 $1,250 $6,616 $1,250 $5,715 $0 $3,340 $0

Access 40Mbps $2,736 NA $2,585 $1,250 $2,437 $1,250 $1,985 $0 $1,671 $0


40Mbps $10,829 NA $10,028 $2,500 $9,053 $2,500 $7,700 $0 $5,011 $0

SubrateOC-3c Port

50Mbps $8,208 NA $7,776 $1,500 $7,350 $1,500 $6,754 $0 $4,664 $0

Access 50Mbps $2,867 NA $2,839 $3,000 $2,675 $3,000 $2,179 $0 $1,946 $0

Total SubrateOC-3c Port andAccess

50Mbps $11,075 NA $10,615 $4,500 $10,025 $4,500 $8,933 $0 $6,610 $0

SubrateOC-3c Port

50Mbps $8,208 NA $7,776 $1,500 $7,350 $1,500 $6,754 $0 $4,664 $0

Access(Protected)

50Mbps $3,867 NA $3,839 $3,000 $3,675 $3,000 $3,179 $0 $2,946 $0

Total SubrateOC-3c Port andAccess(Protected)

50Mbps $12,075 NA $11,615 $4,500 $11,025 $4,500 $9,933 $0 $7,610 $0

Subrate OC-3cPort

100Mbps $9,364 NA $8,933 $1,500 $8,259 $1,500 $7,996 $0 $5,362 $0

Access 100Mbps $2,867 NA $2,839 $3,000 $2,675 $3,000 $2,179 $0 $1,946 $0

Total OC-3cPort andAccess

100Mbps $12,231 NA $11,772 $4,500 $10,934 $4,500 $10,175 $0 $7,308 $0

Subrate OC-3cPort

100Mbps $9,364 NA $8,933 $1,500 $8,259 $1,500 $7,996 $0 $5,362 $0

Access(Protected)

100Mbps $3,867 NA $3,839 $3,000 $3,675 $3,000 $3,179 $0 $2,946 $0

Total OC-3cPort andAccess(Protected)

100Mbps $13,231 NA $12,772 $4,500 $11,934 $4,500 $11,175 $0 $8,308 $0



ADVANCED SERVICES





OC-3c Port 149Mbps $10,148 NA $9,468 $1,500 $9,042 $1,500 $8,655 $0 $5,735 $0

Access 149Mbps $2,867 NA $2,839 $3,000 $2,675 $3,000 $2,179 $0 $1,946 $0


149Mbps $13,015 NA $12,307 $4,500 $11,717 $4,500 $10,834 $0 $7,681 $0

OC-3c Port 149Mbps $10,148 NA $9,468 $1,500 $9,042 $1,500 $8,655 $0 $5,735 $0

Access(Protected)

149Mbps $3,867 NA $3,839 $3,000 $3,675 $3,000 $3,179 $0 $2,946 $0


149Mbps $14,015 NA $13,307 $4,500 $12,717 $4,500 $11,834 $0 $8,681 $0

OC-12c Port 599Mbps $18,788 NA $17,531 $1,500 $16,740 $1,500 $16,023 $0 $11,126 $0

Access 2 599Mbps $5,142 NA $4,686 $6,000 $4,686 $6,000 $3,886 $0 $2,962 $0


599Mbps $23,930 NA $22,217 $7,500 $21,426 $7,500 $19,909 $0 $14,088 $0

OC-12c Port 599Mbps $18,788 NA $17,531 $1,500 $16,740 $1,500 $16,023 $0 $11,126 $0

Access 2

(Protected)599Mbps $6,142 NA $5,686 $6,000 $5,686 $6,000 $4,886 $0 $3,962 $0


599Mbps $24,930 NA $23,217 $7,500 $22,426 $7,500 $20,909 $0 $15,088 $0

IMA UNI Port andAccess

Out of Term 1 Year 2 Year 3 Year 5 Year 1


2 DS1s Port 3.0Mbps $2,592 NA $2,337 $1,200 $2,238 $1,200 $2,117 $0 $1,278 $0

Access 3.0Mbps $496 NA $454 $800 $435 $800 $416 $0 $407 $0

Total 2 DS1sPort andAccess

3.0Mbps $3,088 NA $2,791 $2,000 $2,673 $2,000 $2,533 $0 $1,685 $0

3 DS1s Port 4.5Mbps $2,878 NA $2,669 $1,200 $2,556 $1,200 $2,420 $0 $1,461 $0

Access 4.5Mbps $744 NA $682 $1,200 $653 $1,200 $625 $0 $611 $0


4.5Mbps $3,622 NA $3,351 $2,400 $3,209 $2,400 $3,045 $0 $2,072 $0

1 Effective March 19, 2010, 5 Year terms are not available to new customers.2 OC-12c Access rates do not include applicable Interoffice Mileage.


ADVANCED SERVICES



IMA UNI Port andAccess



4 DS1s Port 6.0Mbps $3,388 NA $3,002 $1,200 $2,878 $1,200 $2,722 $0 $1,644 $0

Access 6.0Mbps $992 NA $909 $1,600 $871 $1,600 $833 $0 $814 $0


6.0Mbps $4,380 NA $3,911 $2,800 $3,749 $2,800 $3,555 $0 $2,458 $0

5 DS1s Port 7.6Mbps $3,802 NA $3,401 $1,200 $3,258 $1,200 $3,086 $0 $1,863 $0

Access 7.6Mbps $1,240 NA $1,136 $2,000 $1,089 $2,000 $1,041 $0 $1,018 $0


7.6Mbps $5,042 NA $4,537 $3,200 $4,347 $3,200 $4,127 $0 $2,881 $0

6 DS1s Port 9.1Mbps $4,222 NA $3,801 $1,200 $3,642 $1,200 $3,448 $0 $2,082 $0

Access 9.1Mbps $1,487 NA $1,363 $2,400 $1,306 $2,400 $1,249 $0 $1,221 $0


9.1Mbps $5,709 NA $5,164 $3,600 $4,948 $3,600 $4,697 $0 $3,303 $0

7 DS1s Port 10.6Mbps $4,636 NA $4,200 $1,200 $4,025 $1,200 $3,812 $0 $2,302 $0

Access 10.6Mbps $1,735 NA $1,590 $2,800 $1,524 $2,800 $1,458 $0 $1,425 $0


10.6Mbps $6,371 NA $5,790 $4,000 $5,549 $4,000 $5,270 $0 $3,727 $0

8 DS1s Port 12.1Mbps $5,320 NA $4,865 $1,200 $4,474 $1,200 $4,234 $0 $2,675 $0

Access 12.1Mbps $1,983 NA $1,817 $3,200 $1,742 $3,200 $1,666 $0 $1,628 $0


12.1Mbps $7,303 NA $6,682 $4,400 $6,216 $4,400 $5,900 $0 $4,303 $0



ADVANCED SERVICES



B-ICI Port and AccessOut of Term 1 Year 2 Year 3 Year 5 Year 1


DS1 Port 1.5Mbps $3,654 NA $3,214 $600 $2,775 $600 $2,332 $0 $1,310 $0

Access 1.5Mbps $248 NA $227 $400 $218 $400 $208 $0 $204 $0

Total DS1Port andAccess

1.5Mbps $3,902 NA $3,441 $1,000 $2,993 $1,000 $2,540 $0 $1,514 $0

DS3 Port 40Mbps $8,175 NA $7,516 $1,250 $6,671 $1,250 $5,850 $0 $3,492 $0

Access 40Mbps $2,736 NA $2,585 $1,250 $2,437 $1,250 $1,985 $0 $1,671 $0


40Mbps $10,911 NA $10,101 $2,500 $9,108 $2,500 $7,835 $0 $5,163 $0

OC-3c Port 149Mbps $10,539 NA $9,910 $1,500 $9,516 $1,500 $9,155 $0 $6,104 $0

Access 149Mbps $2,867 NA $2,839 $3,000 $2,675 $3,000 $2,179 $0 $1,946 $0


149Mbps $13,406 NA $12,749 $4,500 $12,191 $4,500 $11,334 $0 $8,050 $0

OC-3c Port 149Mbps $10,539 NA $9,910 $1,500 $9,516 $1,500 $9,155 $0 $6,104 $0

Access(Protected)

149Mbps $3,867 NA $3,839 $3,000 $3,675 $3,000 $3,179 $0 $2,946 $0


149Mbps $14,406 NA $13,749 $4,500 $13,191 $4,500 $12,334 $0 $9,050 $0

OC-12c Port 599Mbps $19,930 NA $18,675 $1,500 $17,883 $1,500 $17,164 $0 $11,412 $0

Access 2 599Mbps $5,142 NA $4,686 $6,000 $4,686 $6,000 $3,886 $0 $2,962 $0


599Mbps $25,072 NA $23,361 $7,500 $22,569 $7,500 $21,050 $0 $14,374 $0

OC-12c Port 599Mbps $19,930 NA $18,675 $1,500 $17,883 $1,500 $17,164 $0 $11,412 $0

Access 2

(Protected)599Mbps $6,142 NA $5,686 $6,000 $5,686 $6,000 $4,886 $0 $3,962 $0


599Mbps $26,072 NA $24,361 $7,500 $23,569 $7,500 $22,050 $0 $15,374 $0

OC-12 InterofficeMileage


Monthly NRC Monthly NRC Monthly NRC Monthly NRC Monthly NRC

Fixed $3,632 NA $3,182 NA $3,182 NA $2,595 NA $2,035 NA

Per Mile $775 NA $665 NA $665 NA $563 NA $530 NA

1 Effective March 19, 2010, 5 Year terms are not available to new customers.2 OC-12c Access rates do not include applicable Interoffice Mileage.


ADVANCED SERVICES



Speed

STANDARD PVCS – MONTHLY1

NRC2Quality of Service (QoS)

UBR (PIR) VBR-nrt (SIR) VBR-rt (PIR) CBR (PIR)

VCC VPC VCC VPC VCC VPC VCC VPC

8Kbps $2 $3 $3 $4 $6 $8 $7 $9 $60

16Kbps $2 $3 $3 $4 $6 $8 $7 $9 $60

32Kbps $2 $3 $3 $4 $6 $8 $7 $9 $60

48Kbps $2 $3 $3 $4 $6 $8 $7 $9 $60

56Kbps $2 $3 $3 $4 $6 $8 $7 $9 $60

64Kbps $2 $3 $3 $4 $6 $8 $7 $9 $60

128Kbps $3 $4 $5 $6 $6 $8 $7 $9 $60

192Kbps $5 $6 $8 $9 $9 $12 $10 $13 $60

256Kbps $7 $8 $10 $13 $13 $16 $13 $17 $60

320Kbps $8 $10 $13 $16 $16 $20 $17 $21 $60

384Kbps $10 $13 $15 $19 $19 $23 $20 $25 $60

448Kbps $12 $15 $18 $22 $22 $27 $23 $29 $60

512Kbps $13 $17 $20 $25 $25 $31 $27 $33 $60

576Kbps $15 $19 $23 $28 $28 $35 $30 $38 $60

640Kbps $17 $21 $25 $31 $31 $39 $33 $42 $60

704Kbps $18 $23 $28 $34 $34 $43 $37 $46 $60

768Kbps $20 $25 $30 $38 $38 $47 $40 $50 $60

832Kbps $22 $27 $33 $41 $41 $51 $43 $54 $60

896Kbps $23 $29 $35 $44 $44 $55 $47 $58 $60

960Kbps $25 $31 $38 $47 $47 $59 $50 $63 $60

1000Kbps $25 $31 $50 $63 $69 $86 $75 $94 $60

1024Kbps $27 $33 $40 $50 $50 $63 $53 $67 $60

1536Kbps $40 $50 $60 $75 $75 $94 $80 $100 $60

2Mbps $30 $38 $60 $75 $83 $103 $90 $113 $60

3Mbps $35 $44 $70 $88 $96 $120 $105 $131 $60

4Mbps $40 $50 $80 $100 $110 $138 $120 $150 $60

5Mbps $45 $56 $90 $113 $124 $155 $135 $169 $60

6Mbps $50 $63 $100 $125 $138 $172 $150 $188 $60

7Mbps $55 $69 $110 $138 $151 $189 $165 $206 $60

8Mbps $60 $75 $120 $150 $165 $206 $180 $225 $60

9Mbps $65 $81 $130 $163 $179 $223 $195 $244 $60

10Mbps $70 $88 $140 $175 $193 $241 $210 $263 $60

1 Nonrecurring charges are waived for PVCs purchased with customer’s initialorder for installation of ATM service, and only if customer’s associatedPort or Port and Access is provided under a three (3) or five (5)** yearTPP.



ADVANCED SERVICES



Speed

STANDARD PVCS – MONTHLY

NRC1Quality of Service (QoS)

UBR (PIR) VBR-nrt (SIR) VBR-rt (PIR) CBR (PIR)

VCC VPC VCC VPC VCC VPC VCC VPC

11Mbps $75 $94 $150 $188 $206 $258 $225 $281 $60

12Mbps $80 $100 $160 $200 $220 $275 $240 $300 $60

13Mbps $85 $106 $170 $213 $234 $292 $255 $319 $60

14Mbps $90 $113 $180 $225 $248 $309 $270 $338 $60

15Mbps $95 $119 $190 $238 $261 $327 $285 $356 $60

16Mbps $100 $125 $200 $250 $275 $344 $300 $375 $60

17Mbps $105 $131 $210 $263 $289 $361 $315 $394 $60

18Mbps $110 $138 $220 $275 $303 $378 $330 $413 $60

19Mbps $115 $144 $230 $288 $316 $395 $345 $431 $60

20Mbps $120 $150 $240 $300 $330 $413 $360 $450 $60

25Mbps $125 $156 $250 $313 $344 $430 $375 $469 $60

30Mbps $150 $188 $300 $375 $413 $516 $450 $563 $60

35Mbps $175 $219 $350 $438 $481 $602 $525 $656 $60

40Mbps $200 $250 $400 $500 $550 $688 $600 $750 $60

45Mbps $205 $256 $410 $513 $564 $705 $615 $769 $60

50Mbps $207 $259 $414 $517 $569 $711 $621 $776 $60

55Mbps $228 $284 $455 $569 $626 $782 $683 $853 $60

60Mbps $248 $310 $497 $621 $683 $853 $745 $931 $60

65Mbps $269 $336 $538 $672 $740 $925 $807 $1,009 $60

70Mbps $290 $362 $579 $724 $797 $996 $869 $1,086 $60

75Mbps $310 $388 $621 $776 $853 $1,067 $931 $1,164 $60

80Mbps $331 $414 $662 $828 $910 $1,138 $993 $1,241 $60

85Mbps $352 $440 $703 $879 $967 $1,209 $1,055 $1,319 $60

90Mbps $372 $466 $745 $931 $1,024 $1,280 $1,117 $1,397 $60

95Mbps $393 $491 $786 $983 $1,081 $1,351 $1,179 $1,474 $60

100Mbps $414 $517 $828 $1,034 $1,138 $1,422 $1,241 $1,552 $60

105Mbps $434 $543 $869 $1,086 $1,195 $1,494 $1,303 $1,629 $60

110Mbps $455 $569 $910 $1,138 $1,252 $1,565 $1,366 $1,707 $60

115Mbps $476 $595 $952 $1,190 $1,309 $1,636 $1,428 $1,784 $60

120Mbps $497 $621 $993 $1,241 $1,366 $1,707 $1,490 $1,862 $60

125Mbps $517 $647 $1,034 $1,293 $1,422 $1,778 $1,552 $1,940 $60

130Mbps $538 $672 $1,076 $1,345 $1,479 $1,849 $1,614 $2,017 $60

135Mbps $559 $698 $1,117 $1,397 $1,536 $1,920 $1,676 $2,095 $60

140Mbps $579 $724 $1,159 $1,448 $1,593 $1,991 $1,738 $2,172 $60

145Mbps $600 $750 $1,200 $1,500 $1,650 $2,063 $1,800 $2,250 $60

1 Nonrecurring charges are waived for PVCs purchased with customer’s initialorder for installation of ATM service, and only if customer’s associatedPort or Port and Access is provided under a three (3) or five (5) 2 year TPP.



ADVANCED SERVICES



Speed

FRATM PVCS - MONTHLY

NRC1Standard Alternate Routing Disaster Recovery

VBR-nrt(SIR)

VBR-rt(PIR)

VBR-nrt(SIR)

VBR-rt(PIR)

VBR-nrt(SIR)

VBR-rt(PIR)

VCC Only VCC Only VCC Only VCC Only VCC Only VCC Only

8Kbps $4 $6 $3 $5 $2 $3 $60

16Kbps $5 $8$7

$4 $6 $3 $4 $60

32Kbps $6 $9 $5 $8 $3 $5 $60

48Kbps $7 $11 $6 $9 $4 $5 $60

56Kbps $8 $12$

$7 $10 $4 $6 $60

64Kbps $9 $14 $8 $11 $5 $7 $60

128Kbps $10 $15 $9 $13 $5 $8 $60

192Kbps $11 $17 $9 $14 $6 $8 $60

256Kbps $12 $18 $10 $15 $6 $9 $60

320Kbps $13 $19 $11 $16 $6 $9 $60

384Kbps $15 $23 $13 $19 $8 $11 $60

448Kbps $18 $26 $15 $22 $9 $13 $60

512Kbps $20 $30 $17 $26 $10 $15 $60

576Kbps $23 $34 $19 $29 $11 $17 $60

640Kbps $25 $38 $21 $32 $13 $19 $60

704Kbps $28 $41 $23 $35 $14 $21 $60

768Kbps $30 $45 $26 $38 $15 $23 $60

832Kbps $33 $49 $28 $41 $16 $24 $60

896Kbps $35 $53 $30 $45 $18 $26 $60

960Kbps $38 $56 $32 $48 $19 $28 $60

1000Kbp $50 $75 $43 $64 $25 $38 $60

1024Kbp $40 $60 $34 $51 $20 $30 $60

1536Kbp $60 $90 $51 $77 $30 $45 $60

2Mbps $60 $90 $51 $77 $30 $45 $60

3Mbps $70 $105 $60 $89 $35 $53 $60

4Mbps $80 $120 $68 $102 $40 $60 $60

5Mbps $90 $135 $77 $115 $45 $68 $60

6Mbps $100 $150 $85 $128 $50 $75 $60

7Mbps $110 $165 $94 $140 $55 $83 $60

8Mbps $120 $180 $102 $153 $60 $90 $60

9Mbps $130 $195 $111 $166 $65 $98 $60

10Mbps $140 $210 $119 $179 $70 $105 $60




ADVANCED SERVICES



Speed

FRATM PVCS - MONTHLY

NRC1

Standard Alternate Routing Disaster Recovery

VBR-nrt(SIR)

VBR-rt(PIR)

VBR-nrt(SIR)

VBR-rt(PIR)

VBR-nrt(SIR)

VBR-rt(PIR)

VCC Only VCC Only VCC Only VCC Only VCC Only VCC Only

11Mbps $150 $225 $128 $191 $75 $113 $60

12Mbps $160 $240 $136 $204 $80 $120 $60

13Mbps $170 $255 $145 $217 $85 $128 $60

14Mbps $180 $270 $153 $230 $90 $135 $60

15Mbps $190 $285 $162 $242 $95 $143 $60

16Mbps $200 $300 $170 $255 $100 $150 $60

17Mbps $210 $315 $179 $268 $105 $158 $60

18Mbps $220 $330 $187 $281 $110 $165 $60

19Mbps $230 $345 $196 $293 $115 $173 $60

20Mbps $240 $360 $204 $306 $120 $180 $60

25Mbps $250 $375 $213 $319 $125 $188 $60

30Mbps $300 $450 $255 $383 $150 $225 $60

35Mbps $350 $525 $298 $446 $175 $263 $60

40Mbps $400 $600 $340 $510 $200 $300 $60




ADVANCED SERVICES



SPEED

Alternate Routing PVCs - Monthly Disaster Recovery PVCs - Monthly

NRC1

Quality of Service Quality of Service

UBR(PIR)

VBR-nrt(SIR)

VBR-rt(PIR)

CBR(PIR)

UBR(PIR)

VBR-nrt(SIR)

VBR-rt(PIR)

CBR(PIR)

VCC Only VCC Only

8Kbps $2 $3 $5 $6 $1 $2 $3 $4 $60

16Kbps $2 $3 $5 $6 $1 $2 $3 $4 $60

32Kbps $2 $3 $5 $6 $1 $2 $3 $4 $60

48Kbps $2 $3 $5 $6 $1 $2 $3 $4 $60

56Kbps $2 $3 $5 $6 $1 $2 $3 $4 $60

64Kbps $2 $3 $5 $6 $1 $2 $3 $4 $60

128Kbps $3 $4 $5 $6 $2 $3 $3 $4 $60

192Kbps $4 $6 $8 $9 $3 $4 $5 $5 $60

256Kbps $6 $9 $11 $11 $3 $5 $6 $7 $60

320Kbps $7 $11 $13 $14 $4 $6 $8 $8 $60

384Kbps $9 $13 $16 $17 $5 $8 $9 $10 $60

448Kbps $10 $15 $19 $20 $6 $9 $11 $12 $60

512Kbps $11 $17 $21 $23 $7 $10 $13 $13 $60

576Kbps $13 $19 $24 $26 $8 $11 $14 $15 $60

640Kbps $14 $21 $27 $28 $8 $13 $16 $17 $60

704Kbps $16 $23 $29 $31 $9 $14 $17 $18 $60

768Kbps $17 $26 $32 $34 $10 $15 $19 $20 $60

832Kbps $18 $28 $35 $37 $11 $16 $20 $22 $60

896Kbps $20 $30 $37 $40 $12 $18 $22 $23 $60

960Kbps $21 $32 $40 $43 $13 $19 $23 $25 $60

1000Kbps $21 $43 $58 $64 $13 $25 $34 $38 $60

1024Kbps $23 $34 $43 $45 $13 $20 $25 $27 $60

1536Kbps $34 $51 $64 $68 $20 $30 $38 $40 $60

2Mbps $26 $51 $70 $77 $15 $30 $41 $45 $60

3Mbps $30 $60 $82 $89 $18 $35 $48 $53 $60

4Mbps $34 $68 $94 $102 $20 $40 $55 $60 $60

5Mbps $38 $77 $105 $115 $23 $45 $62 $68 $60

6Mbps $43 $85 $117 $128 $25 $50 $69 $75 $60

7Mbps $47 $94 $129 $140 $28 $55 $76 $83 $60

8Mbps $51 $102 $140 $153 $30 $60 $83 $90 $60

9Mbps $55 $111 $152 $166 $33 $65 $89 $98 $60

10Mbps $60 $119 $164 $179 $35 $70 $96 $105 $60




ADVANCED SERVICES



SPEED

Alternate Routing PVCs - Monthly Disaster Recovery PVCs - Monthly

NRC1

Quality of Service Quality of Service

UBR(PIR)

VBR-nrt(SIR)

VBR-rt(PIR)

CBR(PIR)

UBR(PIR)

VBR-nrt(SIR)

VBR-rt(PIR)

CBR(PIR)

VCC Only VCC Only

11Mbps $64 $128 $175 $191 $38 $75 $103 $113 $60

12Mbps $68 $136 $187 $204 $40 $80 $110 $120 $60

13Mbps $72 $145 $199 $217 $43 $85 $117 $128 $60

14Mbps $77 $153 $210 $230 $45 $90 $124 $135 $60

15Mbps $81 $162 $222 $242 $48 $95 $131 $143 $60

16Mbps $85 $170 $234 $255 $50 $100 $138 $150 $60

17Mbps $89 $179 $245 $268 $53 $105 $144 $158 $60

18Mbps $94 $187 $257 $281 $55 $110 $151 $165 $60

19Mbps $98 $196 $269 $293 $58 $115 $158 $173 $60

20Mbps $102 $204 $281 $306 $60 $120 $165 $180 $60

25Mbps $106 $213 $292 $319 $63 $125 $172 $188 $60

30Mbps $128 $255 $351 $383 $75 $150 $206 $225 $60

35Mbps $149 $298 $409 $446 $88 $175 $241 $263 $60

40Mbps $170 $340 $468 $510 $100 $200 $275 $300 $60

45Mbps $174 $349 $479 $523 $103 $205 $282 $308 $60

50Mbps $176 $352 $484 $528 $103 $207 $284 $310 $60

55Mbps $193 $387 $532 $580 $114 $228 $313 $341 $60

60Mbps $211 $422 $580 $633 $124 $248 $341 $372 $60

65Mbps $229 $457 $629 $686 $134 $269 $370 $403 $60

70Mbps $246 $492 $677 $739 $145 $290 $398 $434 $60

75Mbps $264 $528 $725 $791 $155 $310 $427 $466 $60

80Mbps $281 $563 $774 $844 $166 $331 $455 $497 $60

85Mbps $299 $598 $822 $897 $176 $352 $484 $528 $60

90Mbps $317 $633 $871 $950 $186 $372 $512 $559 $60

95Mbps $334 $668 $919 $1,002 $197 $393 $541 $590 $60

100Mbps $352 $703 $967 $1,055 $207 $414 $569 $621 $60

105Mbps $369 $739 $1,016 $1,108 $217 $434 $597 $652 $60

110Mbps $387 $774 $1,064 $1,161 $228 $455 $626 $683 $60

115Mbps $404 $809 $1,112 $1,213 $238 $476 $654 $714 $60

120Mbps $422 $844 $1,161 $1,266 $248 $497 $683 $745 $60

125Mbps $440 $879 $1,209 $1,319 $259 $517 $711 $776 $60

130Mbps $457 $914 $1,257 $1,372 $269 $538 $740 $807 $60

135Mbps $475 $950 $1,306 $1,424 $279 $559 $768 $838 $60

140Mbps $492 $985 $1,354 $1,477 $290 $579 $797 $869 $60

145Mbps $510 $1,020 $1,403 $1,530 $300 $600 $825 $900 $60




ADVANCED SERVICES



Alternate Routing PVCs – Monthly Disaster Recovery PVCs - Monthly

NRC1Quality of Service Quality of Service

UBR(PIR)

VBR-nrt(SIR)

VBR-rt(PIR)

CBR(PIR)

UBR(PIR)

VBR-nrt(SIR)

VBR-rt(PIR)

CBR(PIR)

VPC ONLY VPC ONLY

8Kbps $21

$3 $6 $7 $1 $2 $4 $4 $60

16Kbps $2 $3 $6 $7 $1 $2 $4 $4 $60

32Kbps $2 $3 $6 $7 $1 $2 $4 $4 $60

48Kbps $2 $3 $6 $7 $1 $2 $4 $4 $60

56Kbps $2 $3 $6 $7 $1 $2 $4 $4 $60

64Kbps $3 $4 $6 $7 $1 $3 $4 $4 $60

128Kbps $4 $5 $7 $7 $2 $3 $4 $5 $60

192Kbps $5 $8 $10 $11 $3 $5 $6 $6 $60

256Kbps $7 $11 $13 $14 $4 $6 $8 $8 $60

320Kbps $9 $13 $17 $18 $5 $8 $10 $10 $60

384Kbps $11 $16 $20 $21 $6 $9 $12 $13 $60

448Kbps $12 $19 $23 $25 $7 $11 $14 $15 $60

512Kbps $14 $21 $27 $28 $8 $13 $16 $17 $60

576Kbps $16 $24 $30 $32 $9 $14 $18 $19 $60

640Kbps $18 $27 $33 $35 $10 $16 $20 $21 $60

704Kbps $19 $29 $37 $39 $11 $17 $21 $23 $60

768Kbps $21 $32 $40 $43 $13 $19 $23 $25 $60

832Kbps $23 $35 $43 $46 $14 $20 $25 $27 $60

896Kbps $25 $37 $46 $50 $15 $22 $27 $29 $60

960Kbps $27 $40 $50 $53 $16 $23 $29 $31 $60

1000Kbp $27 $53 $73 $80 $16 $31 $43 $47 $60

1024Kbps

$28 $43 $53 $57 $17 $25 $31 $33 $60

1536Kbps

$43 $64 $80 $85 $25 $38 $47 $50 $60

2Mbps $32 $64 $88 $96 $19 $38 $52 $56 $60

3Mbps $37 $74 $102 $112 $22 $44 $60 $66 $60

4Mbps $43 $85 $117 $128 $25 $50 $69 $75 $60

5Mbps $48 $96 $131 $143 $28 $56 $77 $84 $60

6Mbps $53 $106 $146 $159 $31 $63 $86 $94 $60

7Mbps $58 $117 $161 $175 $34 $69 $95 $103 $60

8Mbps $64 $128 $175 $191 $38 $75 $103 $113 $60

9Mbps $69 $138 $190 $207 $41 $81 $112 $122 $60

10Mbps $74 $149 $205 $223 $44 $88 $120 $131 $60




ADVANCED SERVICES



SPEED

Alternate Routing PVCs – Monthly Disaster Recovery PVCs - Monthly

NRC1Quality of Service Quality of Service

UBR(PIR)

VBR-nrt(SIR)

VBR-rt(PIR)

CBR(PIR)

UBR(PIR)

VBR-nrt(SIR)

VBR-rt(PIR)

CBR(PIR)

VPC ONLY VPC ONLY

11Mbps $80 $159 $219 $239 $47 $94 $129 $141 $60

12Mbps $85 $170 $234 $255 $50 $100 $138 $150 $60

13Mbps $90 $181 $248 $271 $53 $106 $146 $159 $60

14Mbps $96 $191 $263 $287 $56 $113 $155 $169 $60

15Mbps $101 $202 $278 $303 $59 $119 $163 $178 $60

16Mbps $106 $213 $292 $319 $63 $125 $172 $188 $60

17Mbps $112 $223 $307 $335 $66 $131 $180 $197 $60

18Mbps $117 $234 $321 $351 $69 $138 $189 $206 $60

19Mbps $122 $244 $336 $367 $72 $144 $198 $216 $60

20Mbps $128 $255 $351 $383 $75 $150 $206 $225 $60

25Mbps $133 $266 $365 $398 $78 $156 $215 $234 $60

30Mbps $159 $319 $438 $478 $94 $188 $258 $281 $60

35Mbps $186 $372 $511 $558 $109 $219 $301 $328 $60

40Mbps $213 $425 $584 $638 $125 $250 $344 $375 $60

45Mbps $218 $436 $599 $653 $128 $256 $352 $384 $60

50Mbps $220 $440 $605 $659 $129 $259 $356 $388 $60

55Mbps $242 $484 $665 $725 $142 $284 $391 $427 $60

60Mbps $264 $528 $725 $791 $155 $310 $427 $466 $60

65Mbps $286 $572 $786 $857 $168 $336 $462 $504 $60

70Mbps $308 $616 $846 $923 $181 $362 $498 $543 $60

75Mbps $330 $659 $907 $989 $194 $388 $533 $582 $60

80Mbps $352 $703 $967 $1,055 $207 $414 $569 $621 $60

85Mbps $374 $747 $1,028 $1,121 $220 $440 $605 $659 $60

90Mbps $396 $791 $1,088 $1,187 $233 $466 $640 $698 $60

95Mbps $418 $835 $1,149 $1,253 $246 $491 $676 $737 $60

100Mbps $440 $879 $1,209 $1,319 $259 $517 $711 $776 $60

105Mbps $462 $923 $1,270 $1,385 $272 $543 $747 $815 $60

110Mbps $484 $967 $1,330 $1,451 $284 $569 $782 $853 $60

115Mbps $506 $1,011 $1,390 $1,517 $297 $595 $818 $892 $60

120Mbps $528 $1,055 $1,451 $1,583 $310 $621 $853 $931 $60

125Mbps $550 $1,099 $1,511 $1,649 $323 $647 $889 $970 $60

130Mbps $572 $1,143 $1,572 $1,715 $336 $672 $925 $1,009 $60

135Mbps $594 $1,187 $1,632 $1,781 $349 $698 $960 $1,047 $60

140Mbps $616 $1,231 $1,693 $1,847 $362 $724 $996 $1,086 $60

145Mbps $638 $1,275 $1,753 $1,913 $375 $750 $1,031

$1,125 $60




ADVANCED SERVICES



Multicasting PVCs - Monthly

Speed

VBR-nrt (SIR)

NRC*Speed

VBR-nrt (SIR)

NRC1VCC Only VCC Only

8Kbps $2 $60 13Mbps $85 $6016Kbps $2 $60 14Mbps $90 $6032Kbps $2 $60 15Mbps $95 $6048Kbps $2 $60 16Mbps $100 $6056Kbps $2 $60 17Mbps $105 $6064Kbps $2 $60 18Mbps $110 $60

128Kbps $3 $60 19Mbps $115 $60192Kbps $4 $60 20Mbps $120 $60256Kbps $5 $60 25Mbps $125 $60320Kbps $6 $60 30Mbps $150 $60384Kbps $8 $60 35Mbps $175 $60448Kbps $9 $60 40Mbps $200 $60512Kbps $10 $60 45Mbps $205 $60576Kbps $11 $60 50Mbps $207 $60640Kbps $13 $60 55Mbps $228 $60704Kbps $14 $60 60Mbps $248 $60768Kbps $15 $60 65Mbps $269 $60832Kbps $16 $60 70Mbps $290 $60896Kbps $18 $60 75Mbps $310 $60960Kbps $19 $60 80Mbps $331 $60

1000Kbps $25 $60 85Mbps $352 $601024Kbps $20 $60 90Mbps $372 $601536Kbps $30 $60 95Mbps $393 $60

2Mbps $30 $60 100Mbps $414 $603Mbps $35 $60 105Mbps $434 $604Mbps $40 $60 110Mbps $455 $605Mbps $45 $60 115Mbps $476 $606Mbps $50 $60 120Mbps $497 $607Mbps $55 $60 125Mbps $517 $608Mbps $60 $60 130Mbps $538 $609Mbps $65 $60 135Mbps $559 $60

10Mbps $70 $60 140Mbps $579 $6011Mbps $75 $60 145Mbps $600 $6012Mbps $80 $60




ADVANCED SERVICES



SPEED

Standard PVC - Monthly

NRC1CESCBR(PIR)VCC Only

1.755Mbps $91 $60




ADVANCED SERVICES

5. PremierSERV SM FRAME RELAY SERVICE

5.1 Service Description

Effective September 30, 2011, PremierSERV sm Frame Relay servicedefined in this section of this Tariff will no longer be availableto new customers. Existing term plan customers of PremierSERV FrameRelay Service may add, move, remove or change lines and/or locationsin accordance with the terms and conditions of their current termplan agreement for the duration of their current term planagreement, but may not enter into any new term plan agreements. TheCompany will support one extension of an existing non-expired termplan agreement past its current term for twelve (12) months,provided the extension is signed on or before June 30, 2013. Uponexpiration of the extension and for existing customers who do notextend an existing non-expired term plan agreement, service willcontinue on a month-to-month basis until the service is discontinuedon at least 30 days prior notice by the customer or on at least 30days notice (or such longer period as may be required by theCommission) by the Company.

PremierSERV SM Frame Relay Service (FRS) is a public, metropolitanwide-area data service that provides high throughput and low delay.It utilizes advanced packet switching technology and highly reliabledigital transmission facilities to provide the performance of leasedlines and the flexibility and connectivity features of Local AreaNetworks (LANs) in an efficient, economical data delivery service.

5.2 Service Components

A nonrecurring charge and a monthly rate apply, based upon the speed ofthe connections and term plan selected.

5.2.1 User Network Interface (UNI) Port and Access

UNI Port and Access connects the Customer to the Company’s FRSnetwork, based upon the standards defined UNI signaling protocol. UNIPort and Access is available at various speeds between 56 Kbps andDS3. Each UNI Port and Access will accommodate multiple PermanentVirtual Circuits (PVCs), based upon the speeds selected.

5.2.2 User Network Interface (UNI) Port Only

UNI Port Only provides the Customer a port connection into theCompany’s FRS network based upon the standards defined UNI signalingprotocol. UNI Port Only is available at several speeds between 56Kbps and DS3. When UNI Port Only is selected, it is the Customer’sresponsibility to obtain access to Company’s FRS network. Each UNIPort Only will accommodate multiple Permanent Virtual Circuits (PVCs),based upon the speeds selected.


ADVANCED SERVICES

5. PremierSERV SM FRAME RELAY SERVICE (Cont’d)


5.2.3 Multilink UNI Port and Access

Multilink UNI Port and Access provides inverse multiplexing of aframe stream over two (2) to eight (8) physical DS1s andretrieval of the original stream at the far end of thoseconnections. Multilink UNI Port and Access is based upon thestandards defined FRF. 16 UNI signaling protocol.

5.2.4 Multilink UNI Port Only

Multilink UNI Port Only provides the Customer a Multilink portconnection into the Company’s FRS network based upon thestandards defined UNI signaling protocol. When Multilink UNIPort Only is selected, it is the Customer’s responsibility toobtain access to Company’s FRS network. Multilink UNI Port Onlyis provided over two (2) to eight (8) physical DS1s.

5.2.5 Network to Network Interface (NNI) Port and Access

NNI Port and Access connects the Customer to the Company’s FRSnetwork, based upon the standards defined NNI signalingprotocol. NNI Port and Access is available at DS1 and DS3speeds. Each NNI Port and Access will accommodate multiplePermanent Virtual Circuits (PVCs), based upon the speedsselected.

5.2.6 Network to Network Interface (NNI) Port Only

NNI Port Only provides the Customer a port connection into theCompany’s FRS network based upon the standards defined NNIsignaling protocol. NNI Port Only is available at DS1 and DS3speeds. When NNI Port Only is selected, it is the Customer’sresponsibility to obtain access to Company’s FRS network. EachNNI Port Only will accommodate multiple Permanent VirtualCircuits (PVCs), based upon the speeds selected.


ADVANCED SERVICES



5.2.7 Permanent Virtual Circuits (PVCs)

PVCs are logical connections between two (2) ports that allowdata to be sent from one Customer location to another. PVCs donot engage capacity when idle, allowing the available capacityto be allocated to other active PVCs that are in need ofadditional bandwidth. PVCs are duplex (two-way).

Each PVC type is assigned a Committed Information Rate (CIR).CIR is the rate in Kbps or Mbps at which the Company commits totransfer user data under normal conditions.

A PVC may exceed its assigned CIR when transmitting a large fileor volume of information. This condition is known as bursting.Excess capacity must be available on the port connection forbursting to occur. Bursting cannot exceed the port speed.

When placing an order for Service, customer must specify thefollowing for each PVC:

• PVC Connection Type;• PVC Type; and• Quality of Service.

PVCs purchased from this Section of Frame Relay Service musthave at least one associated Port purchased from this Section aswell.

5.2.7.A PVC Connection Types

(1) Frame Relay to Frame Relay

Frame Relay to Frame Relay connects two Frame Relaycustomer locations.

(2) Frame Relay to ATM Service (FRATM)

FRATM connects two customer locations, one having aFrame Relay port and the other an ATM port, toprovide transparent interworking between Frame Relayand ATM networks.


ADVANCED SERVICES




5.2.7.B PVC Types

(1) Standard PVC

Standard PVCs are utilized in typical Frame Relaynetworks to provide logical connections between twoports.

(2) Disaster Recovery PVC

Disaster Recovery PVCs allow for the implementation oflogical connections between branch locations and asecondary processor/server center (disaster recoverylocation) should a non-recoverable disaster occur atthe primary host location. The disaster recoverylocation must also be served by an active, Companyprovided Frame Relay Port.

The Disaster Recovery PVC is provisioned based upon aninitial order from the Customer and pre-configured inthe Frame Relay switch, but set to a disabled mode.Customer must initiate PVC activation with Company andnecessary third party vendors.

(3) Alternate Routing PVCs

Alternate Routing PVCs provide a logical connection toan alternate host site processor/server in the event ofan outage at the primary location. Alternate RoutingPVCs are to be utilized in the event of an outage atthe primary location only, not day-to-day use.

The Alternate Routing PVC is provisioned based upon aninitial order from the Customer and available at alltimes. The remote Customer location is provisioned withtwo active PVCs, one end to the primary Customerlocation and one end to the backup Customer location.

5.2.7.C PVC Quality of Service (QoS)

(1) Standard

Standard QoS is available for Frame Relayapplications that contain bursty traffic.

(2) Priority

Priority QoS offers reduced delay and packet lossbetween end-points.


ADVANCED SERVICES


5.3 Rates

UNI Port Only Out of Term 1 Year 2 Year 3 Year 5 Year 1


DS0 56Kbps $136 NA $113 $350 $96 $350 $93 $0 $86 $0

DS0 64Kbps $136 NA $113 $350 $96 $350 $93 $0 $86 $0

FractionalDS1

128Kbps $291 NA $267 $400 $223 $400 $213 $0 $208 $0

FractionalDS1

256Kbps $891 NA $818 $400 $681 $400 $648 $0 $441 $0

FractionalDS1

384Kbps $954 NA $876 $400 $725 $400 $698 $0 $473 $0

FractionalDS1

512Kbps $1,001 NA $921 $400 $766 $400 $734 $0 $497 $0

FractionalDS1

768Kbps $1,061 NA $975 $400 $809 $400 $776 $0 $525 $0

DS1 1.5Mbps $1,554 N/A $1,426 $450 $1,188 $450 $1,136 $0 $770 $0

DS3 40Mbps $9,172 N/A $8,664 $1,000 $7,703 $1,000 $6,653 $0 $3,890 $0

Multilink UNI PortOnly



2 DS1s Port 3.0Mbps $2,063 NA $1,983 $1,200 $1,900 $1,200 $1,815 $0 $1,232 $0

3 DS1s Port 4.5Mbps $2,571 NA $2,466 $1,200 $2,366 $1,200 $2,261 $0 $1,535 $0

4 DS1s Port 6.0Mbps $3,006 NA $2,886 $1,200 $2,764 $1,200 $2,645 $0 $1,794 $0

5 DS1s Port 7.6Mbps $3,395 NA $3,258 $1,200 $3,123 $1,200 $2,987 $0 $2,026 $0

6 DS1s Port 9.1Mbps $3,747 NA $3,598 $1,200 $3,446 $1,200 $3,298 $0 $2,236 $0

7 DS1s Port 10.6Mbps $4,074 NA $3,912 $1,200 $3,747 $1,200 $3,585 $0 $2,433 $0

8 DS1s Port 12.1Mbps $4,380 NA $4,204 $1,200 $4,031 $1,200 $3,855 $0 $2,615 $0

NNI Port Only Out of Term 1 Year 2 Year 3 Year 5 Year 1


DS1 1.5Mbps $1,554 NA $1,426 $450 $1,188 $450 $1,136 $0 $770 $0

DS3 40Mbps $9,172 NA $8,664 $1,000 $7,703 $1,000 $6,653 $0 $3,890 $0



ADVANCED SERVICES


5.3 Rates



DS0 Port 56Kbps $136 NA $113 $350 $96 $350 $93 $0 $86 $0

Access 56Kbps $115 NA $96 $350 $93 $350 $91 $0 $83 $0


56Kbps $251 NA $209 $700 $189 $700 $184 $0 $169 $0

DS0 Port 64Kbps $136 NA $113 $350 $96 $350 $93 $0 $86 $0

Access 64Kbps $115 NA $96 $350 $93 $350 $91 $0 $83 $0


64Kbps $251 NA $209 $700 $189 $700 $184 $0 $169 $0

FractionalDS1 Port

128Kbps $291 NA $267 $400 $223 $400 $216 $0 $208 $0

Access 128Kbps $248 NA $227 $400 $218 $400 $208 $0 $204 $0

TotalFractionalDS1 Port andAccess

128Kbps $539 NA $494 $800 $441 $800 $421 $0 $412 $0

FractionalDS1 Port

256Kbps $891 NA $818 $400 $681 $400 $648 $0 $441 $0

Access 256Kbps $248 NA $227 $400 $218 $400 $208 $0 $204 $0


256Kbps $1,139 NA $1,045 $800 $899 $800 $856 $0 $645 $0

FractionalDS1 Port

384Kbps $954 NA $876 $400 $725 $400 $698 $0 $473 $0

Access 384Kbps $248 NA $227 $400 $218 $400 $208 $0 $204 $0


384Kbps $1,202 NA $1,103 $800 $943 $800 $906 $0 $677 $0



ADVANCED SERVICES





FractionalDS1 Port

512Kbps $1,001 NA $921 $400 $766 $400 $734 $0 $497 $0

Access 512Kbps $248 NA $227 $400 $218 $400 $208 $0 $204 $0


512Kbps $1,249 NA $1,148 $800 $984 $800 $942 $0 $701 $0

FractionalDS1 Port

768Kbps $1,061 NA $975 $400 $809 $400 $776 $0 $525 $0

Access 768Kbps $248 NA $227 $400 $218 $400 $208 $0 $204 $0


768Kbps $1,309 NA $1,202 $800 $1,027 $800 $984 $0 $729 $0

DS1 Port 1.5Mbps $1,554 NA $1,426 $450 $1,188 $450 $1,136 $0 $770 $0

Access 1.5Mbps $248 NA $227 $400 $218 $400 $208 $0 $204 $0


1.5Mbps $1,802 NA $1,653 $850 $1,406 $850 $1,344 $0 $974 $0

DS3 Port 40Mbps $9,172 NA $8,664 $1,000 $7,703 $1,000 $6,653 $0 $3,890 $0

Access 40Mbps $2,736 NA $2,585 $1,250 $2,437 $1,250 $1,985 $0 $1,671 $0


40Mbps $11,908 NA $11,249 $2,250 $10,140 $2,250 $8,638 $0 $5,561 $0



ADVANCED SERVICES



Multilink UNI Portand Access



2 DS1s Port 3.0Mbps $2,063 NA $1,983 $1,200 $1,900 $1,200 $1,815 $0 $1,232 $0

Access 3.0Mbps $496 NA $454 $800 $435 $800 $416 $0 $407 $0

Total 2 DS1sPort and Access 3.0Mbps $2,559 NA $2,437 $2,000 $2,335 $2,000 $2,231 $0 $1,639 $0

3 DS1s Port 4.5Mbps $2,571 NA $2,466 $1,200 $2,366 $1,200 $2,261 $0 $1,535 $0

Access 4.5Mbps $744 NA $682 $1,200 $653 $1,200 $625 $0 $611 $0


4 DS1s Port 6.0Mbps $3,006 NA $2,886 $1,200 $2,764 $1,200 $2,645 $0 $1,794 $0

Access 6.0Mbps $992 NA $909 $1,600 $871 $1,600 $833 $0 $814 $0


5 DS1s Port 7.6Mbps $3,395 NA $3,258 $1,200 $3,123 $1,200 $2,987 $0 $2,026 $0

Access 7.6Mbps $1,240 NA $1,136 $2,000 $1,089 $2,000 $1,041 $0 $1,018 $0


6 DS1s Port 9.1Mbps $3,747 NA $3,598 $1,200 $3,446 $1,200 $3,298 $0 $2,236 $0

Access 9.1Mbps $1,487 NA $1,363 $2,400 $1,306 $2,400 $1,249 $0 $1,221 $0


7 DS1s Port 10.6Mbps $4,074 NA $3,912 $1,200 $3,747 $1,200 $3,585 $0 $2,433 $0

Access 10.6Mbps $1,735 NA $1,590 $2,800 $1,524 $2,800 $1,458 $0 $1,425 $0


8 DS1s Port 12.1Mbps $4,380 NA $4,204 $1,200 $4,031 $1,200 $3,855 $0 $2,615 $0

Access 12.1Mbps $1,983 NA $1,817 $3,200 $1,742 $3,200 $1,666 $0 $1,628 $0




ADVANCED SERVICES



NNI Port and Access Out of Term 1 YEAR 2 Year 3 Year 5 Year 1


DS1 Port 1.5Mbps $1,554 NA $1,426 $450 $1,188 $450 $1,136 $0 $770 $0

Access 1.5Mbps $248 NA $227 $400 $218 $400 $208 $0 $204 $0


1.5Mbps $1,802 NA $1,653 $850 $1,406 $850 $1,344 $0 $974 $0

DS3 Port 40Mbps $9,172 NA $8,664 $1,000 $7,703 $1,000 $6,653 $0 $3,890 $0

Access 40Mbps $2,736 NA $2,585 $1,250 $2,437 $1,250 $1,985 $0 $1,671 $0


40Mbps $11,908 NA $11,249 $2,250 $10,140 $2,250 $8,638 $0 $5,561 $0



ADVANCED SERVICES



CIR Speed

Monthly

NRC1Standard PVC Alternate Routing PVC Disaster Recovery PVC

Quality of Service (QoS)

Standard Priority Standard Priority Standard Priority

8Kbps $3 $5 $2 $4 $1 $3 $30

16Kbps $4 $6 $3 $5 $2 $4 $30

32Kbps $5 $7 $4 $6 $3 $4 $30

48Kbps $6 $8 $5 $7 $3 $4 $30

56Kbps $7 $9 $6 $9 $4 $5 $30

64Kbps $8 $10 $7 $10 $4 $6 $30

128Kbps $9 $14 $8 $11 $5 $7 $30

192Kbps $10 $15 $9 $13 $5 $8 $30

256Kbps $11 $17 $9 $14 $6 $8 $30

320Kbps $12 $18 $10 $15 $6 $9 $30

384Kbps $14 $21 $12 $18 $7 $11 $30

448Kbps $16 $24 $14 $20 $8 $12 $30

512Kbps $18 $27 $15 $23 $9 $14 $30

576Kbps $22 $33 $19 $28 $11 $17 $30

640Kbps $24 $36 $20 $31 $12 $18 $30

704Kbps $27 $40 $23 $34 $13 $20 $30

768Kbps $28 $42 $24 $36 $14 $21 $30

832Kbps $29 $44 $25 $37 $15 $22 $30

896Kbps $31 $46 $26 $39 $15 $23 $30

960Kbps $32 $48 $27 $40 $16 $24 $30

1000Kbps $32 $49 $28 $41 $16 $24 $30

1024Kbps $33 $49 $28 $42 $16 $25 $30

1536Kbps $42 $62 $35 $53 $21 $31 $30

1 Nonrecurring charges are waived for PVCs purchased with Customer’s initialorder for installation of Service, and only if Customer’s associated Portor Port and Access is provided under a three (3) or five (5) 2 year TPP.



ADVANCED SERVICES



CIR Speed

Monthly

NRC1Standard PVC Alternate Routing PVC Disaster Recovery PVC

Quality of Service (QoS)

Standard PRIORITY Standard Priority Standard Priority

2Mbps $48 $73 $41 $62 $24 $36 $30

3Mbps $61 $92 $52 $78 $31 $46 $30

4Mbps $72 $108 $61 $92 $36 $54 $30

5Mbps $82 $123 $70 $105 $41 $62 $30

6Mbps $91 $137 $77 $116 $46 $68 $30

7Mbps $100 $149 $85 $127 $50 $75 $30

8Mbps $107 $161 $91 $137 $54 $81 $30

9Mbps $115 $173 $98 $147 $58 $86 $30

10Mbps $122 $183 $104 $156 $61 $92 $30

11Mbps $129 $194 $110 $165 $65 $97 $30

12Mbps $136 $204 $115 $173 $68 $102 $30

13Mbps $142 $213 $121 $181 $71 $107 $30

14Mbps $148 $222 $126 $189 $74 $111 $30

15Mbps $154 $231 $131 $197 $77 $116 $30

16Mbps $160 $240 $136 $204 $80 $120 $30

17Mbps $166 $249 $141 $211 $83 $124 $30

18Mbps $171 $257 $146 $218 $86 $129 $30

19Mbps $177 $265 $150 $225 $88 $133 $30

20Mbps $182 $273 $155 $232 $91 $137 $30

25Mbps $207 $310 $176 $264 $103 $155 $30

30Mbps $230 $345 $207 $310 $115 $172 $30

35Mbps $251 $377 $226 $339 $126 $188 $30

1 Nonrecurring charges are waived for PVCs purchased with Customer’s initialorder for installation of Service, and only if Customer’s associated Portor Port and Access is provided under a three (3) or five (5) 2 year TPP.



ADVANCED SERVICES

6. PROMOTIONS

The Company may provide special promotional offerings to its Customers.These offerings may be limited to certain dates, times and locations.

FRAME RELAY SERVICE NONRECURRING CHARGE WAIVERCompany will waive the following Nonrecurring Charges for new Frame RelayService ordered under a two (2) year TPP for the period from October 1,2002 through December 29, 2002:

1. All Port Only and Port and Access Nonrecurring Charges2. PVC Nonrecurring Charges

If Customer terminates Service prior to expiration of the committedservice period, Termination Charges will apply as specified in Section 3of this tariff and Customer will be assessed and liable for anynonrecurring charges waived as a result of this promotion.


ADVANCED SERVICES

7. SPECIAL CONSTRUCTION

7.1 Regulations

7.1.1 When special construction of facilities is required, theprovisions of this section apply in addition to allregulations, rates, and charges set forth in the appropriateservice section.

7.1.2 Special construction is required if 1) facilities orequipment is not available to meet an order for Service andCompany or its vendors must construct facilities; 2) Customerrequests Service to be furnished using a type of facility orequipment, or via a route, other than that which Companywould normally utilize in providing the requested Service; or3) Customer requests construction be expedited resulting inadded cost to Company.

7.1.3 Special construction charges will be developed based onestimated costs.

7.1.4 Written Customer approval of all special construction chargesmust be provided to Company prior to start of construction.

7.1.5 For Services provided on a month to month basis, Customermust pay all special construction charges upfront beforeCompany will begin special construction.

7.1.6 For Services provided pursuant to a volume or termcommitment, Company may spread special construction chargesacross the term of the commitment, which will be in additionto any charges associated with the Service. If Customercancels Service after construction has begun, but beforecommencement of Service, Customer will be liable for allcharges incurred by Company. If Customer cancels Serviceafter commencement of Service, Customer will be liable forall unpaid special construction charges in addition to anytermination liability associated with termination of Serviceas set forth in the appropriate service section.

7.1.7 If Customer fails to pay special construction charges due,refusal and discontinuance of the Services using thespecially constructed facilities shall be in accordance withthe appropriate regulations under which the Service is beingprovided.

7.1.8 Rates, charges and liabilities for special construction toprovide facilities for use are following.

7.2 Charges


ADVANCED SERVICES

8. DISCOUNT PRICING PLANS

8.1 TPP Volume Discount Plan (TVP)

TPP Volume Discount Plan (TVP) is a discount pricing plan availableto all Frame Relay and ATM Service arrangements. TVP applies asfollows:

1. Customer is required to submit a Confirmation of Service Order toCompany specifying it wishes to participate in TVP and identifydesired Volume Commitment Level;

2. New Frame Relay or ATM Services ordered under a two (2), three(3) or five (5) 1 year TPP will qualify for the TVP discounts;

3. Existing Frame Relay or ATM Services that are converted to newtwo (2), three (3) or five (5) 1 year TPPs greater than or equal inlength to the remaining portion of their current period qualifyfor TVP;

4. TVP discounts apply to monthly recurring charges for Frame Relayor ATM Ports, PVCs or Port and Access combinations. TVPdiscounts will be in addition to any discounts received underTerm Pricing Plans. PVCs will receive TVP discounts but will notcontribute to the Volume Commitment Levels described below;

8.1.1 Volume Discount Levels

Each Frame Relay or ATM Port Only or Port and Access combinationthat meets the conditions set forth in 8.1 above will counttoward the Volume Commitment Levels. Each Frame Relay or ATMPort Only or Port and Access combination is equivalent to oneService arrangement.

Services converted to the Out of Term rates and Servicespurchased under a one (1) year TPP will not contribute to theVolume Commitment Level.

Customers may increase their volume discount level at any timeduring the TPP period. To receive the increased discount,customer must sign a new two (2), three (3) or five (5) 1 yearTPP for all Services to be included in discount and submit a newConfirmation of Service Order indicating their desire toincrease their Volume Commitment Level.

Section 8.1 preceding applies to all Frame Relay and ATM Servicearrangements used to increase the Volume Commitment Level.



ADVANCED SERVICES

8. DISCOUNT PRICING PLANS (Cont’d)

8.1 TPP Volume Discount Plan (TVP) (Cont'd)

8.1.2 TVP Discounts

Number of Frame and ATMService Arrangements 1 24, 36 or 60 Month TPP

10-49 5%50-99 7%

100-199 9%200-299 11%

300+ 13%

Number of ATMService Arrangements 2 24, 36 or 60 Month TPP

5-14 5%15-24 7%25-49 9%

50+ 12%

8.1.3 Annual Review

Company will verify that customer is maintaining its VolumeCommitment Level annually on anniversary date of TVP agreement.Customer must maintain service quantities equal to or greaterthan their minimum volume commitment to remain eligible for thediscount. If customer drops below their committed volume level,Company will downgrade customer to the appropriate volumediscount level for which they qualify. If customer’s volumelevel drops below the minimum Volume Commitment Level TVP willno longer apply.

1 This category applies to Frame only or any combination of Frame and ATMService arrangements.

2 This category applies to ATM Service arrangements only.


AT&T TEXAS1

ADVANCED SERVICES (Vintage I)

This Tariff (“Tariff”) applies to Advanced telecommunications Data servicesfurnished by AT&T Texas (“Company”).

Effective August 20, 2004, services contained within this Section of thetariff are grandfathered and no longer available for new subscribers.

1 Services provided in this Section of the tariff were formerly provided byAT&T Corp. d/b/a AT&T Advanced Solutions under the Texas General TariffNo. 1. These services are obsolete and are only provided to customers whosubscribed to them prior to August 24, 2004.



CHECK PAGE

The pages of this Tariff are effective as of the date shown at the top of therespective page. Original and revised pages as named below comprise all changesfrom the original Tariff.

PAGE REVISION PAGE REVISION PAGE REVISION1 Original 36 Original 71 Original2 Original 37 Original 72 Original3 Original 38 Original 73 Original4 Original 39 Original 74 Original5 Original 40 Original 75 Original6 Original 41 Original 76 Original7 Original 42 Original 77 Original8 Original 43 Original 78 Original9 Original 44 Original 79 Original

10 Original 45 Original 80 Original11 Original 46 Original 81 Original12 Original 47 Original 82 Original13 Original 48 Original 83 Original14 Original 49 Original 84 Original15 Original 50 Original 85 Original16 Original 51 Original 86 Original17 Original 52 Original 87 Original18 Original 53 Original 88 Original19 Original 54 Original 89 Original20 Original 55 Original 90 Original21 Original 56 Original 91 Original22 Original 57 Original 92 Original23 Original 58 Original 93 Original24 Original 59 Original 94 Original25 Original 60 Original26 Original 61 Original27 Original 62 Original28 Original 63 Original29 Original 64 Original30 Original 65 Original31 Original 66 Original32 Original 67 Original33 Original 68 Original34 Original 69 Original35 Original 70 Original

* New or Revised Page



TABLE OF CONTENTSPage

TITLE PAGE................................................................ 1CHECK PAGE................................................................ 2TABLE OF CONTENTS......................................................... 3APPLICATION OF TARIFF..................................................... 5EXPLANATION OF SYMBOLS.................................................... 6TARIFF FORMAT............................................................. 7

1. DEFINITIONS .......................................................... 8

2. REGULATIONS2.1 Regulations Applying to all Customer’s Contracts ................. 122.2 Application for Service .......................................... 132.3 Advance Payments and Deposits .................................... 152.4 Use of Service and Facilities .................................... 192.5 Payments for Service ............................................. 212.6 Obligations of Customers and Rights of the Company ............... 262.7 Liability of the Company ......................................... 302.8 Transfers of Contracts ........................................... 332.9 Termination of Contracts ......................................... 342.10 Special Charges, Fees and Taxes .................................. 362.11 Distance Learning ................................................ 372.12 Educational Percentage Discount Rate (E-Rate) .................... 382.13 Customer Access to the Network ................................... 382.14 Suspension of Service ............................................ 412.15 Special Construction ............................................. 42

3. APPLICATION OF RATES3.1 Business Rates ................................................... 433.2 Residence Rates .................................................. 44

4. SERVICE CONNECTION CHARGES4.1 General .......................................................... 454.2 Service Charges .................................................. 46

5. FRAME RELAY DIGITAL SERVICE5.1 Descriptive Summary .............................................. 495.2 Definitions ...................................................... 505.3 General Regulations .............................................. 505.4 Service Availability ............................................. 515.5 Limitations ...................................................... 535.6 Responsibility of the Customer ................................... 545.7 Responsibility of the Company .................................... 555.8 Application of Rates ............................................. 565.9 Rates and Charges ................................................ 575.10 Volume Pricing ................................................... 59



TABLE OF CONTENTS (Continued)Page

6. CUSTOMER SPECIFIC PRICING6.1 Scope ............................................................ 606.2 Liability ........................................................ 606.3 Obligations of Customers ......................................... 626.4 Rights of the Company ............................................ 646.5 Use .............................................................. 656.6 Payment Arrangements and Credit Allowances ....................... 656.7 Public Utility Commission Notification ........................... 666.8 Payment Options .................................................. 676.9 Distance Learning ................................................ 696.10 Educational Percentage Discount Rates (E-Rates) .................. 696.11 High Capacity Network Services ................................... 696.12 Customized Services .............................................. 71

7. PRIVATE NETWORK SERVICES7.1 Descriptive Summary .............................................. 727.2 Provision of Service ............................................. 727.3 Definitions ...................................................... 747.4 Broadband Educational Videoconferencing Service .................. 787.5 Native LAN Interconnection and Channel Extension Services

(NLIS/CES) ....................................................... 847.6 Other Private Network Services ................................... 85

8. ADDITIONAL ENGINEERING, ADDITIONAL LABOR AND MAINTENANCE OF SERVICE8.1 Additional Engineering ........................................... 868.2 Additional Maintenance ........................................... 868.3 Maintenance of Service ........................................... 878.4 Rates and Charges ................................................ 89

9. TELECOMMUNICATIONS SERVICE PRIORITY (TSP)9.1 General .......................................................... 909.2 Regulations ...................................................... 909.3 Definitions ...................................................... 909.4 Availability of Service .......................................... 919.5 Provision of Service ............................................. 919.6 Application of Rates ............................................. 929.7 Rates and Charges ................................................ 94



APPLICATION OF TARIFF

A. This Tariff contains the description, regulations, and rates applicable toServices offered by the Company. Services are furnished subject to theavailability on a continuing basis of all the necessary facilities as setforth in this Tariff. The Company will provide Advanced Data Services,including but not limited to: ADSL, IDSL, xDSL, Frame Relay, Cell Relay,and VPOP-Dial Access Service which relies upon packetized technology andhas the capability of supporting transmission speeds of at least 56kilobits per second in both the transmit and receive direction.

B. The rates and regulations contained in this Tariff apply only to theServices furnished by Company and do not apply, unless otherwisespecified, to the lines, facilities, or services provided by a LocalExchange Carrier or other common Carrier for use in accessing the Servicesof Company.

C. The Company shall not be deemed to have waived or impaired any right,power, requirement or option reserved by this Tariff (including, but notlimited to, the right to demand exact compliance with every term andcondition herein), by virtue of any custom or practice of the Company atvariance with the terms hereof, or any failure, refusal or neglect ofCompany to exercise any right under this Tariff or to insist upon exactcompliance with its terms, or any waiver, forbearance, delay, failure oromission by Company to exercise any right, power or option hereunder.

D. The provision of Services are subject to existing regulations and termsand conditions specified in this Tariff and may be revised, added to orsupplemented by superseding Tariffs.

E. The Company reserves the right to offer its Customers a variety ofServices as deemed appropriate by the Company.

F. The Company will provide Services requested by Customers which are notincluded in this Tariff, depending on equipment and facility availabilityand economic considerations. Pricing for these Services will beaccomplished on an Individual Case Basis (ICB) or a Customer specificcontract.

G. This tariff is applicable to Business and Residential Customers.



EXPLANATION OF SYMBOLS

The following symbols will be used in the right-hand margins of each tariffsheet to indicate changes made on the sheets:

(C) Indicates a Change in Regulation

(D) Indicates Discontinued Rate or Regulation

(E) Indicates Correction of an Error Made During a Revision

(I) Indicates Rate Increase

(M) Indicates a Move of Text but no Change in Text, Rate or Regulation

(N) Indicates a New Rate or Regulation

(R) Indicates a Rate Reduction

(T) Indicates a Change in Text but no Change in Rate or Regulation


ADVANCED SERVICES (VINTAGE I)

TARIFF FORMAT

A. Page Numbering - Page numbers appear in the upper right hand corner ofeach page. Pages are numbered sequentially. However, new pages are addedto the Tariff from time to time. When a new page is added between pagesalready in effect, a decimal is added. For example, a new page addedbetween pages 14 and 15 would be 14. 1.

B. Page Revision Numbers - Revision numbers also appear in the upper righthand corner of each page. These numbers are used to determine the mostcurrent page version on file with the Commission. For example, the 4threvised page 14 cancels the 3rd revised page 14. Because of varioussuspension periods, deferrals, etc. the Commission follows in theirTariff approval process, the most current page number on file with theCommission is not always the Tariff page in effect.

C. Paragraph Numbering Sequence - There are six (6) levels of paragraphcoding. Each level of coding is subservient to its next higher level:

22.12.1.12.1.1.A2.1.1.A.12.1.1.A.1.(a)2.1.1.A.1.(a).I

D. Check Pages – When a Tariff filing is made with the Commission, an updatedcheck page accompanies the Tariff filing. The check page lists the pagescontained in the Tariff with a cross-reference to the current revision number.When new pages are added, the check page is changed to reflect the revision.An asterisk (*) designates all revisions made in a given filing. There will beno other symbols used on this page if these are the only changes made to it.The Tariff user should refer to eh latest check page to find out if aparticular page is the most current on file with the Commission.



1. DEFINITIONS

Certain terms used generally throughout this Tariff are defined below:

ALTERNATING CURRENT SUPPLY: Electrical energy which is used for theoperation of bells and signal devices.

AUTOMATIC DIALING-ANNOUNCING DEVICE: An automatic dialing-announcingdevice is any automatic equipment used for solicitation whichincorporates the following features: storage capability of multiplenumbers to be called or a random or sequential number generator thatproduces numbers to be called; and has the capability, working alone orin conjunction with other equipment, of disseminating a prerecordedmessage to the number called.

BATTERY: (See Direct Current Supply).

CANCELLATION CHARGE: (See Termination Charge.)

CENTRAL OFFICE: A central office is a local exchange switching unit whichis used to interconnect an Exchange Access Arrangement or telephonewithin a specified area.

CENTRAL OFFICE DISTRICT: A central office district is the specificdistrict normally served by a central office. A central office districtmay be served in several ways, namely:

By a single-unit central office.

By a multiple-unit central office.

By a theoretical central office established for the purpose ofdevelopment, in which case the switching is done on the switchboardof a central office already established and located in the centraloffice district, a part of which will subsequently become the newcentral office district. Such a theoretical central office districtis termed "Potential Central Office District."

COMMUNICATIONS SYSTEMS: Channels and other facilities which are capable,when not connected to the telecommunications network, of two-waycommunications between terminal equipment.

COMPOSITE DATA SERVICE: The combined use of terminal and data switchingequipment provided by a Composite Data Service Vendor with the use oftelecommunications services of the Company to perform data switching forothers.

COMPOSITE DATA SERVICE VENDOR: A customer that has been certificated bythe proper state or municipal regulatory body, and/or the FederalCommunications Commission pursuant to section 214 of the CommunicationsAct of 1934, as amended, to acquire and operate facilities to performdata switching for others. A customer shall be classified as a CompositeData Service Vendor only with respect to use of those exchange serviceswhich are utilized for the provision of composite data service.



1. DEFINITIONS (Cont’d)

CONNECTING COMPANY: A corporation, association, firm or individual, owningand operating one or more central offices and with whom traffic isinterchanged.

CONSTRUCTION CHARGE: A separate initial charge made for construction ofpole lines, circuits, facilities, etc., in excess of that contemplatedunder the rates quoted in the tariffs of the Company.

COVERED PUBLIC MALL: A covered public area, originally intended for, orformerly used as, a public street or alley running between two or morebuildings.

CUSTOMER: The person, firm or corporation which orders service and isresponsible for the payment of charges and compliance with the regulationof the Company.

CUSTOMER PREMISES INSIDE WIRE:Simple All wiring on the customer's side of the demarcation point

which is not complex wiring.Complex Complex wiring, also called intrasystem wiring, includes all

cable and wire and its associated components (e.g., connectingblocks, terminal boxes, conduit between buildings on the samecustomer's premises, etc.) located on the customer's side ofthe demarcation point, which connect station components to eachother and to the common equipment of a Private Branch Exchange(PBX) or key system.

CUSTOMER-PROVIDED TEST EQUIPMENT: Denotes test equipment located at thepremises of the customer that is used by the customer for the detectionand/or isolation of a communications service fault.

DATA SWITCHING: When used in connection with enhanced services, denotesthe switching of data (non-voice) messages by the interchange, and thecontrolling and routing of data messages via communications facilitieswhere the information content of the message remains unaltered.

DIRECT CURRENT SUPPLY: Electrical energy for talking and signalingpurposes, other than ringing, except in the case of intercommunicatingsystems, when direct current may be used in ringing the station bells.

DIRECT ELECTRICAL CONNECTION: A physical connection of the electricalconductors in the communications path.

DISTANCE LEARNING: Instruction, learning, and training that is transmittedfrom one site to one or more sites by telecommunications services that areused predominantly for such instruction, learning, or training, includingvideo, data, voice, and electronic information.




EDUCATIONAL INSTITUTION: Accredited primary or secondary schools owned oroperated by state and local government entities or by private entities;institutions of higher education as defined by the Education Code,§61.003(13); the Central Education Agency, its successors and assigns;regional education service centers established and operated pursuant tothe Education Code, §11.32 and §11.33; and the Texas Higher EducationCoordinating Board, its successors and assigns.

DEMARCATION POINT: The point of interconnection between the Companycommunications facilities and wiring the Customer's premises.

INSTALLATION CHARGE: An initial and nonrecurring charge made under certainconditions covering the cost or portion of the cost of the work ofconnecting and furnishing service. (See Construction Charge and ServiceConnection Charge.)

INTERACTIVE MULTIMEDIA COMMUNICATIONS: Real-time, two way, interactivevoice, video, and data communications conducted over networks that linkgeographically dispersed locations. This definition includes interactivecommunications within or between buildings on the same campus.

JURISDICTION : A geographic area meeting each of the following conditions:(1) Presided over by the same regulatory body, (2) Within the boundary ofa single state, (3) An area in which the Company is authorized to provideservice.

LATA: Local Access and Transport Area (LATA) denotes a geographic areaestablished for the administration of telecommunications service. Itencompasses designated local operating telephone company exchanges whichare grouped to serve common social, economic and miscellaneous purposes.

LIBRARY: Public library or regional library system as defined byGovernment Code, §441.122, or a library operated by an institution ofhigher education or a school district.

MOVE: A change in the location on the same premises of the customer'sequipment, which does not involve a change in the class or grade ofservice, the rate charged for service furnished, or a break in thecontinuity of the contract under which the service is furnished.

OTHER COMMON CARRIER: The term Other Common Carrier denotes specializedcommon carriers, domestic and international record carriers and domesticsatellite carriers engaged in providing telecommunications services assuch carriers may be authorized by the Federal Communications Commissionto provide.




PREMISES:All portions of the same building occupied by the same customer, providedthat:(A) All portions are not separated from each other by intervening

offices, rooms or suites not occupied by the customer.(B) The portions on different floors are contiguous and that the portion

on the upper floor is directly above the portion occupied on thelower floor.

All of the buildings occupied by the same customer, provided that all ofthe buildings are located on the same continuous property, which is ownedand/or leased by the same customer, and are not separated by a publichighway.

REGISTERED: The term registered denotes equipment which complies with andhas been approved within the registration provisions of Part 68 of theFederal Communications Commission's Rules and Regulations.

SERVICE CONNECTION CHARGE: A charge made to a customer for the purpose ofreimbursing the Company for the cost involved in connecting,disconnecting, or rearranging facilities upon customer's premises.

SERVICE CONNECTION, MOVES AND CHANGES: Refers to charges made to customersfor the purpose of reimbursing the Company for the cost involved inconnecting, moving, changing, and disconnecting facilities.

SERVICE POINT: When used in connection with communications channels orsystems denotes the demarcation point on the customer's premises wherechannels provided by or furnished to the customer are terminated forcommunications with stations or terminal equipment located on thepremises.

SUBSCRIBER: (See Customer)

SUPPLEMENTAL CONTRACT: A contract: A contract for service, equipment orfacilities in addition to that provided for under the original contract.

SUSPENSION OF SERVICE: An arrangement made at the request of the customeror at the initiative of the Company for temporarily discontinuing servicewithout terminating the contract or removing equipment from the customer'spremises.

TELECOMMUNICATIONS NETWORK: All facilities of the Company that are used toprovide its service.

TERMINATION CHARGE: A charge made to a customer if the contract isterminated prior to the expiration of the contract period.

THE COMPANY: AT&T Texas

UNLIMITED SERVICE: (See Flat Rate Service.)



2. REGULATIONS

2.1 Regulations Applying to All Customers’ Contracts

2.1.1 General Regulations

The regulations specified herein are in addition to theregulations contained in other sections of this Tariff. Failureon the part of the customers to observe these regulations ofthe Company automatically gives the Company the right to cancelthe contract and discontinue the furnishing of service.

The Company's obligation to furnish service or to continue tofurnish service is dependent on its ability to obtain, retainand maintain suitable rights and facilities, and to provide forthe installation of those facilities required incident to thefurnishing and maintenance of that service.

Regulations covering connection of equipment, accessories orfacilities provided and maintained by the customer arecontained in other sections of this tariff.

The Company shall not knowingly permit an automatic dialing-announcing device used for solicitation purposes to the publicwhich cannot be terminated at will from the called station tobe operated over its network.

2.1.2 Regulations Applying to Customer Complaints

The Company shall, upon receiving a complaint by a customer atthe Company business office, either by letter or by telephone,promptly conduct an investigation of such complaint and advisethe complainant of the results thereof. In the event thecomplainant is dissatisfied with the Company's report, theCompany shall advise the complainant of the Public UtilityCommission of Texas complaint process. The Company shallprovide the customer with the address and telephone number ofthe Consumer Affairs Division of the Commission and ifapplicable, the Commission's TTY number for the deaf andhearing impaired.




2.2 Application for Service

Application for service, or requests from customers for additionalservice equipment or changes in the grade or class of service becomecontracts when received by the Company and are subject to the minimumcontract term. The Company reserves the right to require applicationfor service to be made in writing on forms supplied by it.

The Company, upon request for service by a residential applicant orfor a transfer of service by a residential customer, shall inform theapplicant or customer of the lowest-priced alternative serviceavailable at the customer's location. The Company shall provide thisinformation beginning with the lowest priced alternative and givingfull consideration to applicable equipment options and installationcharges.

The terms and conditions of all contracts are subject to theregulations in this Tariff.

Any general change in rates or regulations shall act as amodification of the contract to that extent, without further noticeexcept that in case rates are increased the customer may cancel hiscontract upon reasonable written notice and upon payment for allservice, equipment and any contractual liability.

Unless otherwise specified, the minimum term for which service willbe furnished is one month.

The Company may decline to serve an applicant until such applicanthas complied with the state and municipal regulations and approvedregulations of the Company on file with the Commission governing theservice applied for or for the following reasons;

(A) Applicant's facilities inadequate: If the applicant'sinstallation or equipment is known to be hazardous or of suchcharacter that satisfactory service cannot be given; or

(B) For indebtedness: If the applicant is indebted to the Company forthe same kind of service as that applied for; provided however,that in the event the indebtedness of the applicant for servicein dispute, the applicant shall be served upon complying withdeposit requirements.

(C) Refusal to make deposit: For refusal to make a deposit ifapplicant is required to make a deposit.




2.2 Application for Service (Cont’d)

The Company shall not refuse service to a present customer orapplicant for the following reasons:

(A) delinquency in payment for service by a previous occupant of thepremises to be served;

(B) failure to pay for merchandise purchased from the Company;

(C) failure to pay a bill to correct previous underbilling due tomisapplication of rates of more than six months prior to the dateof application;

(D) violation of the Company's rules pertaining to operation ofnonstandard equipment or unauthorized attachments whichinterferes with the service of others, or other services such ascommunication services, unless the customer has first beennotified and been afforded reasonable opportunity to comply withthe said rules;

(E) failure to pay a bill of another customer as guarantor thereof,unless the guarantee was made in writing to the Company as acondition precedent to service.

(F) failure to pay the bill of another customer at the same addressexcept where the change of customer identity is made to avoid orevade payment of a bill. A customer may request a supervisoryreview if the Company determines that evasion has occurred andrefuses to provide service.

In instances where a customer is converting their service from aCompetitive Local Exchange Carrier (CLEC) reselling the Companyprovided service to the Company service at the same service location,a conversion charge, as found in Section 4 of this Tariff may applyin lieu of standard installation and service connection charges.

In the event the Company refuses to serve an applicant, the Companymust inform the applicant of the basis of its refusal and that theapplicant may file a complaint with the Commission thereon.




2.3 Advance Payments and Deposits

2.3.1 Advance Payments

When making applications for service, the applicant may berequired to pay at the time the application is accepted, theservice connection charge, if applicable, and the first month'scharges. This provision will not be applied if a deposit iscollected. The provisions of this paragraph affect the initialpayment only and not the subsequent billing and collectingpractices as elsewhere provided in this tariff.

The amount of the advance payment (not including the serviceconnection charge) is credited to the customer's account andapplied against any indebtedness under the contract.

If it is deemed necessary by the Company in safeguarding itsinterests, applicants for service or present customers may berequired to make a deposit. Such deposit may be required to bemade within 10 days after issuance of written terminationnotice and required deposit. In lieu of initial deposit, thecustomer may elect to pay the current bill by the due date ofthe bill, provided the customer has not exercised this optionin the previous twelve months. The customer may furnish inwriting a satisfactory guarantee to secure payment of bills inlieu of cash deposit. Compounded interest set annually by theCommission at the rate of not less than six percent per annumor greater than twelve percent per annum will be paid ondeposits. 1 Payment of the interest to the customer shall beannually if requested by the customer, or at the time thedeposit is returned or credited to the customer's account. Thedeposit shall cease to draw interest on the date it is returnedor credited to the customer's account. The Company will not payinterest on deposits held 30 days or less. Payment of interestwill be made retroactive to the date of deposit for depositsheld more than 30 days. An applicant is defined as a person whoapplied for service for the first time or reapplies at a new orexisting location after discontinuance of service. Customer isdefined as someone who is currently receiving service.

1 The rates of interest to be paid on customer deposits in accordance withTex. Rev. Civ. Stat. Ann. art. 1440a (Vernon 1989) and overbillings orunderbillings are established annually on December 1 for the subsequentcalendar year by the Commission.




2.3 Advance Payments and Deposits (Cont’d)

2.3.1 Advance Payments (Cont’d)

At the time a deposit is required, the Company shall provideapplicants for, and customers of, commercial, industrial, orresidential service written information about depositsincluding:(A) the circumstances under which the Company may require a

deposit or an additional deposit;(B) how a deposit is calculated;(C) the amount of interest paid on a deposit and how this

interest is calculated; and(D) the time frame and requirement for return of the deposit to

the customer.

An initial deposit may not be required from residentialcustomers unless the customer has more than one occasion duringthe last 12 consecutive months of service in which a bill for autility service was paid after becoming delinquent or if thecustomer's service was disconnected for nonpayment.

If the residential applicant has been a customer of any utilityfor the same kind of service within the last two years and isnot delinquent in payment of any such utility service account,and during the last 12 consecutive months of service did nothave more than one occasion in which a bill for such utilityservice was paid after becoming delinquent and never hadservice disconnected for nonpayment; applicants are encouragedto obtain a letter of credit history from their previousutility, and utilities are encouraged to provide suchinformation with final bills. Credit history shall be appliedequally for a reasonable period of time to a spouse or formerspouse who shared the service, without modification and withoutadditional qualifications required of either the customer orspouse/formers spouse.

All applicants for permanent residential service who are sixty-five (65) years of age or older will be considered as havingestablished credit if such applicant does not have anoutstanding account balance with the Company or a localexchange company (LEC) for the same service which accruedwithin the last two years. No cash deposit shall be required ofsuch applicant under these conditions.






A residential applicant shall not be required to pay a deposit,if the applicant demonstrates a satisfactory credit rating byappropriate means, including, but not limited to, theproduction of generally acceptable credit cards, letters ofcredit reference, the names of credit references which may bequickly and inexpensively contacted by the Company, orownership of substantial equity.

In the case of commercial or industrial service, if the creditof an applicant for service has not been establishedsatisfactorily, the applicant may be required to make adeposit.

An applicant for service, or a present customer, may satisfy adeposit requirement by providing a Contract of Guaranty in anamount not less than the requested deposit, from a presentcustomer acceptable to the Company. The guaranty contract shallbe on a form provided by the Company which shall include theCompany’ right to transfer charges from a defaulted bill to thecustomer, from whom a deposit or a Contract of Guaranty wasrequired, to the Guarantor's account or accounts and thefurther right to suspend the Guarantor's service pursuant toSection 2.5.1, Payments for Service, of this Tariff. Unlessotherwise agreed to by the guarantor, the guarantee shall befor the amount of deposit the Company would normally seek onthe applicant's account.

The fact that a deposit has been made or a Guaranty provided,shall in no way relieve the customer from complying with theCompany’s regulations as to the prompt payment of bills, norconstitute a waiver or modification of the regular practices ofthe Company providing for the temporary suspension of serviceor the termination of the service contract for nonpayment ofbills.

Service may be discontinued for failure to comply with depositor guarantee arrangements or to furnish a suitable deposit whenconditions appear to require the Company to have such creditprotection. Initial deposits may be required of applicants orexisting customers. When a deposit is required on an existingaccount, the following rules apply.






Deposit Requirements Based on Billing:

(A) Commercial

Actual billings of a commercial customer must be at leasttwice the amount of the estimated billings and a suspensionnotice has been issued on a bill within the previous 12-month period, before a new deposit can be requested. If adeposit is requested, the customer may be required to paythe new deposit within 15 days after issuance of writtennotice of termination and requested deposit, or, in lieu ofthe deposit, the customer may elect to pay the current billby the due date of the bill, provided the customer has notexercised this option in the previous 12 months.

(B) Residential

Actual billings of a residential customer must be at leasttwice the amount of the estimated billings after twobilling periods and a suspension notice has been issued ona bill within the previous 12-month period, before a newdeposit can be requested. If a deposit is requested, thecustomer may be required to pay the new deposit within 15days after issuance of written notice of termination andrequested deposit, or, in lieu of the deposit, the customermay elect to pay the current bill by the due date of thebill, provided the customer has not exercised this optionin the previous 12 months.

If service is not connected or after disconnection of service,the Company shall promptly and automatically refund thecustomer's deposit plus accrued interest or the balance, ifany, in excess of the unpaid bills for service furnished. Atransfer of service from one premises to another within theservice area of the Company shall not be deemed a disconnectionwithin the meaning of these rules, and no additional depositmay be demanded unless permitted by these rules.






When the customer has paid bills for service for 12 consecutiveresidential billings or for 24 consecutive commercial orindustrial billings without having service disconnected fornonpayment of bill and without having more than two occasionsin which a bill was delinquent, and when the customer is notdelinquent in the payment of the current bills, the Companyshall promptly and automatically refund the deposit plusaccrued interest to the customer in the form of cash or creditto a customer's bill, or void the contract of guaranty or anyrelated document and return such document(s) to the guarantor.

The Company will keep records of deposits as follows:(A) the name and address of each depositor;(B) the amount and date of deposit; and(C) each transaction concerning the deposit.

The Company will issue a receipt of deposit to each depositorand will provide an appropriate means to establish claim if thereceipt is lost. The Company will make a reasonable effort toreturn unclaimed deposits and will retain a record of suchdeposits for a minimum of four years.

2.4 Use of Service and Facilities

2.4.1 Use of Customer Service

The customer is responsible for payment of all chargesincurred, regardless of whether such charges are associatedwith his usage or that of any of his authorized users.

2.4.2 Transmitting Messages

The Company does not transmit messages but offers the use ofits facilities for communications between its customers.




2.4 Use of Service and Facilities (Cont’d)

2.4.3 Use of Lines of Other Telecommunication Providers

When suitable arrangements can be made, lines of othertelecommunication providers may be used in establishingconnections to points not reached by the Company’ lines. Inestablishing connections with the lines of othertelecommunication providers, the Company is not responsible orliable for any action of the connecting telecommunicationproviders.

2.4.4 Unauthorized Attachments or Connections

No equipment, accessory, apparatus, circuit or device shall beattached to or connected with the facilities furnished exceptas provided in this tariff; i.e., such attachments orconnections may not be made to the Company facilities on thenetwork side of the minimum point of entry.

In case any such unauthorized attachment or connection is made,the Company shall have the right to remove or disconnect thesame; or to suspend the service during the continuance of saidattachment or connection; or to terminate the service.

2.4.5 Except as otherwise provided in this tariff, nothing hereinshall be construed to permit the use of a device tointerconnect any line or channel of the Company with any othercommunication line or channel of the Company or of any otherperson.

2.4.6 Provision of Equipment

Any equipment offered herein which has grandfathered statusunder the Federal Communications Commission's (FCC)Registration Program is offered and provided only to the extentof available stock.




2.5 Payments for Service

2.5.1 Payment for Service

The customer is responsible for payment of all charges forservices and equipment furnished the customer, includingcharges for service originated, or charges accepted at thecustomer's station and including any charges transferred to thecustomer's account pursuant to 2.3.2, Deposits, where thecustomer has executed a Contract or Guaranty for an applicantor present customer.

The due date of the bill shall not be less than 16 days afterissuance. If the due date of the bill falls on a holiday orweekend, the due date for payment purposes shall be the nextwork day after the due date. If the bill is not paid by the duedate, the Company may discontinue service after 10 days writtennotice to the customer. Proper notice consists of separatemailing or hand delivery at least 10 days prior to a stateddate of disconnection, with the words "termination notice" orsimilar language prominently displayed on the notice. If the10th day after written notice falls on a holiday or weekend,the cut-off day for discontinuance of service will be the nextworking day after the 10th day. Payment at the Company’sauthorized payment agency is considered payment to the Company.The Company will not issue late notices or disconnect noticesto the customer earlier than the first day the bill becomesdelinquent, so that a reasonable length of time is allowed toascertain receipt of payment by mail or a the Company’sauthorized payment agency.

Installment Billing is an alternative arrangement between theCompany and a customer in which an outstanding bill will bepaid in installments that extend beyond the due date of thenext bill.

The Company will offer, at no charge, upon request, installmentbilling to any residential customer who has expressed aninability to pay all of his or her bill, if that customer hasnot been issued more than two disconnection notices at any timeduring the preceding twelve months. For purposes of determiningreasonableness of installment payments, the Company willconsider:(A) size of the delinquent account;(B) customer's ability to pay;(C) customer's payment history;(D) time that the debt has been outstanding;(E) reasons why debt has been outstanding;(F) any other relevant factors concerning the circumstances of

the customer.




2.5 Payments for Service (Cont’d)

2.5.1 Payment for Service (Cont’d)

The Company may assess a 5% penalty for late payment.

If a customer has not fulfilled the terms of installmentbilling arrangement, the Company shall have the right todisconnect service. However, the Company may not disconnectservice until a disconnect notice has been issued to thecustomer indicating the customer has not met the terms of theplan. Such notice and disconnection shall conform with thedisconnection rules of the Commission's Substantive Rules.

An installment billing arrangement may be made by visiting theCompany’ business office or contacting the Company bytelephone. If the customer visits the Company’ business office,the Company may ask the customer to sign the deferred paymentplan. The Company will provide the customer with a copy of thesigned plan regardless which procedure is used.

The Company is not required to enter into an installmentbilling arrangement with any customer who is lacking sufficientcredit or a satisfactory history of payment of previous servicewhen that customer has had service from the Company for notmore than three months.

The Company will also offer installment billing to residentialcustomers who have not expressed an inability to pay all of hisor her bill. This installment billing offer allows theseresidential customers to negotiate payment of nonrecurringcharges in equal monthly installments over additional periods.The Company offers installment billing for a total of up to six(6) months. This service will only be applicable to thoseproducts and services not specified for deferred payment inother sections of this tariff. A service handling charge offive dollars ($5.00) will be applied to the first monthlypayment. When multiple service orders are issued for the samedue date, for the same premises and for the same customer, theservice handling charge will be applied only once.

Installment billing for business customers will allow thepayment of nonrecurring charges over a period of up to fourmonths for a one-time charge of ten dollars ($10.00). Whenmultiple service orders are issued for the same due date, forthe same premises and for the same customer, the onetime chargewill be applied only once. This arrangement is not an optionwhen a tariff includes specific provisions for the deferredpayment of charges associated with a particular serviceoffering such as Construction Charges.





2.5.1 Payment for Service (Cont’d)

Except for federal agencies, one-time penalty of five percent(5%) will be applicable on commercial or industrial bills(business), not received by the Company or at the Company’sauthorized payment agency by the next bill date. For purposesof applying the penalty, the due date should be extended to thefirst following business day if it would otherwise fall on aweekend or holiday. In the case of federal agencies, theCompany will assume that a federal agency has actually receivedthe bill no later than 10 days after the bill date stated onthe bill. That date will trigger a 30-day time period that thefederal agency has to pay the bill before late payment chargesare assessed. This one-time penalty should not be applied toamounts owed by State Agencies. The 5% penalty on commercial orindustrial bills shall not be applied to any balance to whichthe penalty was applied in a previous billing. A one-timepenalty of $2.95 will be applicable on all residence bills ifcharges greater than $10.00 are carried over to the next bill.The one-time penalty shall only apply on undisputed amounts orif the dispute is resolved in favor of the Company.

Texas’ Prompt Payment Act (PPA) applies to service provided bythe Company to governmental entities of the State of Texas andestablishes requirements related to purchases by a governmentalentity, including the time for payment, the accrual and paymentof interest on overdue payments, and disputed payments.Governmental entities should contact AT&T to advise AT&T oftheir PPA eligibility.

2.5.2 If billing for the Company’s utility services are found todiffer from the Company’s tariffed rates, or if the Companyfails to bill the customer for such services, a billingadjustment will be calculated by the Company. If anunderbilling is for $25 or more, the Company will offer thecustomer an installment payment arrangement option for the samelength of time as that of the underbilling. If the customer isdue a refund, an adjustment shall be made for the entire periodof the overcharges. If an overcharge is adjusted by the Companywithin three billing cycles of the bill in error, interest isnot applicable. However, if an overcharge is not adjusted bythe Company within three billing cycles of the bill in error,interest compounded annually shall be applied to the amount ofthe overcharge.





2.5.3 Any applicant or one for whom an application is made, owing theCompany for service furnished under a former contract, shallpay or make satisfactory arrangements for paying any billoutstanding and unpaid for such service, before any additionalservice will be furnished. The Company will provide proof ofpast indebtedness, which includes copies of billing records andrelated documentation, verification of tariffed rates used anddocumentation of all other elements of any bill required to bepaid as a condition of service restoration.

2.5.4 An administrative charge of $25.00 will apply whenever a checkor draft presented for payment for service is not accepted bythe institution on which it is written because of beingpostdated or because of insufficient funds, account closed, noaccount, account frozen, or uncollected funds.

2.5.5 Rates for Fractional Periods ~ If the period of use exceeds onemonth, the charges for the fractional part of a month followingand consecutive with a full month will be a proportionate partof the monthly charges based on the actual number of days thefacilities are furnished. For the purpose of administering thisregulation with respect to the determination of charges for afractional part of a month, every month is considered to havethirty days.

When rates are on a "per day" basis, the minimum charge foreach day or fraction thereof, will be the charge for one day.

2.5.6 In the event of a dispute between a customer and the Companyregarding any bill for service, the Company shall make aninvestigation as required by the particular case, and reportthe results to the customer. In the event the dispute is notresolved, the Company shall inform the customer of thecomplaint procedures of the Commission.

Notwithstanding any other section of the Company’s tariffs orthe Commission's Substantive Rules, customer's service shallnot be subject to discontinuance for nonpayment of that portionof a bill under dispute pending the completion of thedetermination of the dispute, but in no event to exceed 60days. The customer is obligated to pay any billings notdisputed.





2.5.7 Gift Certificate Plan - This plan provides for the offering bythe Company to its customers, or to nonsubscribers, the optionto make advance payments via gift certificates purchased fromthe Company to any LEC participating in the plan. Theindividual who makes the advance payment by purchasing the giftcertificate is the donor and the individual who presents thecertificate for payment is the recipient.

The purchase price of the gift certificates may be paid for bydirect payment in cash, check or money order, or the amount maybe billed on the donor's service account if the donor is acustomer of the Company .

The gift certificate cannot be redeemed for cash and whenpresented by the recipient, applies toward the payment ofservices or any portion of the recipient's bill. Any portion ofthe gift certificates presented to the Company and not appliedas a payment will be included as a credit balance on therecipient's next bill.

2.5.8 Electronic Data Interchange Billing (EDIB) - EDIB provides thecustomer with their monthly bill as a stream of electronic datain place of a paper bill. The data will be formatted in theAmerican National Standards Institute (ANSI) format.

EDIB is available only to business customers.

Customers subscribing to EDIB will no longer be provided with acopy of their bill in a paper format, except as noted below. Ifthe EDIB subscriber requests a paper copy of their bill inaddition to EDIB, the appropriate charge associated withproviding a duplicate paper bill will apply.

For the first two billing cycles after subscribing to EDIB, thecustomer will receive a complete paper copy of their bill at nocharge.

At the option of the customer, a paper bill return statementand return envelope will be provided each month.





2.5.8 Electronic Data Interchange Billing (EDIB) (Cont’d)

Customers subscribing to EDIB will be responsible for providingthe software for interpreting the EDIB data. EDIB does notinclude any software for interpreting the EDIB data.

EDIB will be established and/or discontinued effective with thenext billing date following the customer's request.

EDIB may be provided to any business customer of the Companywhose billing is performed by the CRIS billing system. EDIB isnot available to customers whose billing is performed by theCABS billing system.

The Company will be responsible for delivering the EDIB data toan electronic mailbox that is mutually agreed upon by theCompany and the customer. The customer will be responsible forany charges associated with maintaining their electronicmailbox, and for any charges associated with retrieving theEDIB data from their electronic mailbox.

There is no charge for EDIB.

2.6 Obligations of Customers and Rights of the Company

2.6.1 Obligations of Customers

(A) Alteration

The customer agrees to notify the Company promptly inwriting whenever alterations or new construction onpremises owned or leased by him will necessitate changes inthe Company’s facilities. Construction charges may beapplicable to facility moves.

(B) Inside Wire

The installation and maintenance of inside wire andpremises cable on the customer's side of the demarcationpoint is the responsibility of the customer.




2.6 Obligations of Customers and Rights of the Company (Cont’d)

2.6.1 Obligations of Customers (Cont’d)

(C) Maintenance and Repairs

All ordinary expense of maintenance and repair of regulatedfacilities and services on the Company’s side of thedemarcation point, unless otherwise specified in thistariff, is borne by the Company. The customer agrees totake good care of the equipment and facilities connectedtherewith. In case of damage to or destruction of any ofthe Company’s equipment and facilities, not due to ordinarywear and tear, the customer is held responsible for thecost of replacing the equipment destroyed or for the costof restoring the equipment to its original condition,except where such damage is not occasioned by thenegligence of the customer.

(D) Rearrangements and Installation of Equipment

Customers may not install, rearrange, disconnect or removeor permit others to install, rearrange, disconnect orremove any apparatus associated with the Companyfacilities, except:(1) In accordance with the provisions of Para. 2.4.6 of this

tariff, or;(2) Upon the written consent of the Company; or(3) When a burglar alarm company licensed with the Texas

Private Investigators and Private Security AgenciesBoard to conduct sales, installation and repairs ofalarms provides and installs a RJ3 1X jack on thetelecommunication network line of the Company to installa dialer alarm. This waiver is made in response to theCommission's Final Order in Docket No. 4545.

In case any such unauthorized rearrangement, removal, orconnection is made, the Company may rearrange the networkinterfaces to a demarcation point at the minimum point ofentry. The charges specified in the "Service Connections,Moves and Changes" section of this tariff may apply.

(E) Use of Commercial Power for Operation of Equipment orFacilities

Unless specifically provided otherwise in this tariff, whencommercial power is used for the operation of Companyequipment or facilities, the customer will provide thenecessary power wiring, power outlets and commercial power.The customer assumes all responsibility for the safecondition of the power wiring, power outlets and commercialpower.





2.6.1 Obligations of Customers (Cont’d)

(F) Protective Equipment

(1) When a hazardous electrical environment is present at acustomer's premises, protective equipment is requiredwhen the estimated rise in ground potential issufficient to cause damage to Company facilities or toendanger the safety of its employees or customers. Thecustomer may elect to provide his own protectiveequipment subject to Company specifications, or suchprotective equipment can be provided in accordance withthe "Special Assemblies of Equipment" section of thistariff, and special charges will apply.

(2) Neutralizing transformers, isolating transformers,drainage coils and other special protective equipmentfor use in providing service to customer's premiseswhere there are high ground potentials, even though notrequired by the preceding paragraph, may be provided bythe customer, subject to Company specifications, or inaccordance with the "Special Assemblies of Equipment"section of this tariff and special charges will apply.

(G) Electrical Bonding and Grounding

The customer shall be responsible for bonding and/orgrounding a mobile premises or any mobile structure inwhich service is to be provided or used (e.g., boats, RVsand mobile homes), as well as any equipment and associatedwiring on the customer's side of the demarcation point atany premises, whether fixed or mobile. The Company shall inno way be liable for any harm or any damages arising inconnection with any failure by the customer to properlybond or ground a mobile premises or any mobile structure inwhich service is to be provided (e.g., boats, RVs andmobile homes), as well as equipment and associated wiringlocated on the customer's side of the demarcation point atany premises, whether fixed or mobile.

2.6.2 Rights of the Company

(A) Work Performed on an Overtime Basis

The charges specified in this tariff do not contemplatework being performed by the Company employees involved at atime when overtime wages apply due to the request of thecustomer. If the customer requests that overtime labor beperformed, an additional charge, based on the additionalcosts involved, applies.





2.6.2 Rights of the Company (Cont’d)

(B) Work Interruption

The charges specified in this tariff do not contemplatework once begun being interrupted by the customer. If thecustomer interrupts work once begun, an additional charge,based on the additional costs involved, applies.

(C) Ownership

Equipment and lines on customers' premises furnished bythe Company, shall be and remain the property of theCompany, whose agents and employees have the right toenter said premises at any reasonable hour for the purposeof installing, inspecting, maintaining or repairing theequipment and lines or for the purpose of makingcollections from coin boxes and, upon termination of theservice, for the purpose of removing such equipment andlines.

(D) Customers' Use of Equipment for Display Purposes

The Company reserves all rights with respect to use ofitems furnished or owned by it for display of advertisingand the customer shall not so display advertising orpermit such display except upon the approval of theCompany.

(E) Impairment of Service

When service to the public is impaired by a customer's useof the service, or service directly incident thereto, theCompany shall have the right to require the customer tocontract with the Company for such additional facilities,equipment and rearrangement, and/or to require thecustomer to attend properly the equipment and facilities,as may be necessary in the judgment of the Company, toremove the cause of said impairment, or if the requirementis refused or will not remedy the situation, todiscontinue service completely.

(F) Abandonment of Service

The Company may discontinue service which has beenabandoned.





2.6.2 Rights of the Company (Cont’d)

(G) Abuse of Service

The Company may discontinue service which is used:(1) In such a way that interferes with the service of

other users, the Company may discontinue service afterproper notice. The Company will make a reasonableattempt to notify the customer and allow the customera reasonable opportunity to remedy the situation;

(2) For any purpose other than a means of communication;(3) or profane or obscene communication;(4) For a communication or communications, anonymous or

otherwise, if made in a manner which reasonably couldbe expected to frighten, abuse, torment or harassanother;

(5) In any fraudulent or unlawful manner; or(6) In a manner which violates any of the lawful

regulations of the Company

(H) Unauthorized Attachments or Connections

Where the customer uses unauthorized equipment,accessories, apparatus, circuit or device, he will be heldresponsible for the cost of correcting any impairment ofservice caused by the use of such attachment or connectionand will be billed the amount specified in Section 31 ofthe General Exchange Tariff for each service call made tohis premises or the premises of any other customer byreason of the use of such attachment or connection withfacilities of the Company.

2.7 Liability of the Company

2.7.1 General

In view of the fact that the customer has exclusive control ofhis communications over the facilities furnished him by theCompany, and of the other uses for which facilities may befurnished him by the Company, and because of unavoidablenessof errors incident to the services and to the use of suchfacilities of the Company, the services and facilitiesfurnished by the Company are subject to the regulations andlimitations herein specified.




2.7 Liability of the Company (Cont’d)

2.7.2 Facilities

The Company’s failure to provide or maintain facilities underthis tariff shall be excused by labor difficulties,governmental orders, civil commotions, acts of God and othercircumstances beyond the Company’s reasonable control, subjectto the interruption allowance provisions by this tariff.

2.7.3 Defacement of Premises

No liability shall attach to the Company by reason of anydefacement or damage to the customer's premises resulting fromthe existence of the Company’s equipment, facilities on suchpremises, or by the installation or removal thereof, when suchdefacement or damage is not the result of the negligence ofthe Company or its employees.

2.7.4 Errors

The Company’s liability, if any, for its gross negligence orwillful misconduct is not limited by this tariff.

2.7.5 Interruptions of Service

In the event a customer's service is interrupted other than bythe negligence or willful act of the customer, and it remainsout of order for 24 hours or longer after access to thepremises is made available and after being reported to be outof order, appropriate adjustments or refunds shall be made tothe customer. The amount of adjustment or refund shall bedetermined on the basis or the known period of interruption,generally beginning from the time the service interruption isfirst reported. The refund to the customer shall be the prorata part of the month's flat-rate charges for the period ofdays and that portion of the service facilities rendereduseless or inoperative. The refund may be accomplished by acredit on a subsequent bill for service. Except asspecifically set forth in this Tariff Paragraph 2.7.8, noother liability shall in any case attach to the Company inconsideration of such interruptions.





2.7.6 Indemnification

The Company’s liability, if any, for its gross negligence orwillful misconduct is not limited by this tariff. With respectto any other claim or suit, by a customer or by any others,the customer indemnifies and saves harmless the Companyagainst claims, losses or suits for injury to or death of anyperson, or damage to any property which arises from the use,placement or presence of the Company’s equipment, facilitiesand associated wiring on the customer's premises and furtherthe customer indemnifies and saves harmless the Companyagainst claims for libel, slander, or the infringement ofcopyright arising directly or indirectly from the materialtransmitted over the facilities of the Company or the usethereof by the customer; against claims for infringement ofpatents arising from combining with or using in connectionwith, facilities furnished by the Company and apparatus,equipment and systems provided by the customer; and againstall other claims arising out of any act or omission of thecustomer in connection with the services or facilitiesprovided by the Company.

2.7.7 Gross Negligence or Willful Misconduct

The Company’s liability, if any, for its gross negligence orwillful misconduct is not limited by this tariff. With respectto any other claim or suit, by a customer or any others, fordamages arising out of mistakes, omissions, interruptions,delays or errors, or defects in transmission occurring in thecourse of furnishing service hereunder, The Company’sliability, if any, shall not exceed an amount equivalent tothe proportionate charge to the customer for the period ofservice during which such mistake, omission, interruption,delay, error, or defect in transmission or service occurs andcontinues. This liability shall be in addition to any amountsthat may otherwise be due to the customer under this tariff asan allowance for interruptions. However, any such mistakes,omissions, interruptions, delays, errors, or defects intransmission or service which are caused or contributed to bythe negligence or willful act of the customer, or authorizeduser, or joint user, or which arise from the use of customer-provided facilities or equipment shall not result in theimposition of any liability whatsoever upon the Company.





2.7.8 Service Guarantee

If a customer requests installation or restoral of service andthe installation or restoral of service is not performed inaccordance with the Company’s commitment to the customer, thecustomer is eligible to receive a $25.00 credit on their bill.

(A) The following Company service tariffs are included in theService Guarantee: Advanced Services Tariff (Vintage I)

(B) Conditions

Each credit shall be limited to $25.00 for all of thelines associated with the service to be installed orrestored and for all services associated with such linesin any given service order.

Credit will be provided in accordance with the aboveconditions at the request of the customer.

For purposes of this tariff, service order means all servicerequests made for a particular billing account in any 24 hourperiod.

The Company reserves the right to refuse a credit when itappears that the request for a credit may be based upon fraudor dishonesty.

The Company's failure to install or repair service under thistariff shall be excused by customer negligence or willfuldestruction, failures in customer provided equipment or wire,labor difficulties, governmental orders, civil commotions,natural disasters and other circumstances beyond the Company'sreasonable control. Except as may be additionally providedunder Paragraph 2.7.5, no other compensation for consequentialor other damages will be provided or allowed

2.8 Transfer of Contracts

A customer may, upon written request, transfer his contracts toanother party at the same location when there is no reason toquestion the responsibility of the other party, and when the newparty willingly assumes all the obligations of the former customerand pays any additional charges that are applicable. A new contractendorsed "Transfer" is signed by him and bills are rendered the newparty without any adjustment. Such contract is terminable under thesame conditions as was the original contract.




2.9 Termination of Contracts

2.9.1 Cancellation of Application for Services

(A) Where the applicant cancels an application for serviceprior to the start of installation or special constructionof facilities, no charge applies.

(B) Where installation of facilities, other than those providedby special construction, has been started prior to thecancellation, the charge specified below, which is lower,applies.(1) A charge equal to the estimated costs incurred in such

installation, less estimated net salvage.(2) The charge for the minimum period of the service

ordered by the customer as provided in this tariffplus the full amount of any termination chargesapplicable.

(C) Where special construction of facilities has been startedprior to the cancellation and there is another requirementfor the specially constructed facilities, in place, nocharge applies.

(D) Where special construction of facilities has been startedprior to the cancellation, and there is no otherrequirement for the specially constructed facilities, acharge equal to the costs incurred in the specialconstruction, less net salvage, applies except that, whereone or more, but not all, of the services involved in thespecial construction are cancelled, a charge equal to thecost, less net salvage, incurred for the discontinuedservices applies instead. Net salvage is determined basedon the value of reusable material, less cost of removal. Indetermining the charge, each cancelled service is treatedas discontinued as of the date on which it was to have beenplaced in service.

(E) Installation or special construction of facilities for acustomer is considered to have started when the Companyincurs any expense in connection therewith or inpreparation therefore which would not otherwise have beenincurred; provided, the customer had advised the Company toproceed with the installation or special construction.




2.9 Termination of Contracts (Cont’d)

2.9.2 Termination of Contracts During Minimum Terms

Contracts may be terminated before expiration of the minimumterms, under the following conditions:

(A) On payment of all charges for service rendered:(1) In case of abandonment of the premises because of

condemnation or damage from causes beyond the control ofthe customer, or

(2) In case of death of the customer, or death necessitatingthe breaking up of the firm or household, or

(3) In case service is furnished at "employees' discountedrates."

(B) On payment of all charges for service for the minimumcontractual period.

2.9.3 Termination of Contracts After Expiration of Minimum Term

Contracts, unless otherwise specified, may be terminated byeither the customer or the Company , after the expiration ofthe minimum term, upon reasonable written notice from eitherparty to the other.

2.9.4 Contractual Agreements

The basic termination charge and the minimum contract periodreferred to in this tariff are to be applied to the samecustomer at the same location. An assumption of an existingcontract by a new customer as provided for in this section ofthe tariff is to be considered as a continuation of the samecontract.

2.9.5 General Provisions

(A) A failure to make payments in accordance with theregulations prescribed by the Company is regarded by theCompany as a voluntary termination of the contract by thecustomer.

(B) The service is furnished subject to the condition that itwill not be used for an unlawful purpose. Service will notbe furnished if any law enforcement agency, acting withinits jurisdiction, advises that such service is being usedor will be used in violation of law, or if the Companyreceives other evidence convincing to it that such serviceis being or will be so used.




2.9 Termination of Contracts (Cont’d)

2.9.5 General Provisions (Cont’d)

(C) Abandonment of equipment or service by a customer isregarded by the Company as a voluntary termination of thecontract.

(D) If it is deemed necessary by the Company, customers may berequired to provide security satisfactory to the Companyin the amount sufficient to guarantee payment of thetermination charge. If a cash deposit is made, simpleinterest set annually by the Commission at the rate of notless than six percent per annum or greater than twelvepercent per annum will be paid on deposits held thirtydays or more.

2.10 Special Charges, Fees and Taxes

2.10.1 Municipal Taxing Body Municipal Authority

There shall be added to the customer's bill for service, anadditional charge equal to the pro rata share of anyoccupation, franchise, business, license, excise privilege orother similar charge or tax, now or hereafter imposed upon thegross receipts or revenue of the Company by any municipaltaxing body or municipal authority whether by statute,ordinance, law or otherwise, and whether presently due or tohereafter become due.

The charge applicable to each customer will appear separatelyon the customer's regular monthly bill and shall be determinedon a basis equal to the tax levied by each municipal taxingbody or municipal authority. The amount of charge to thecustomer shall be computed by dividing the tax expressed as apercentage by 100% minus the tax expressed as a percentage andmultiplying the decimal thus obtained by the customer'sservice charges to which such tax applies as reflected by thefollowing formula:

Tax% x Service Charges Subject to Tax = Amount of Charge-------------------100% - Tax% to Customer

The amount of charge to the customer will be rounded to thenearest cent.




2.10 Special Charges, Fees and Taxes (Cont’d)

2.10.2 Texas Universal Service Fund (TUSF) Surcharge

(A) The purpose of the Texas Universal Service Fund (TUSF) isto implement a competitively neutral mechanism thatenables all residents of Texas to obtain basictelecommunications services. Because targeted financialsupport may be needed in order to provide and price basictelecommunications services in a manner to allowaccessibility by consumers, the TUSF will assist localexchange companies (LECs) in providing these services atreasonable rates in high cost rural areas. In addition,the Texas Universal Service Fund will reimburse thefollowing entities: qualifying local exchange companiesfor revenues lost as a result of providing Lifeline, LinkUp and Tel-Assistance services to qualifying low-incomeconsumers under the Public Utility Regulatory Act;telecommunications carriers providing statewidetelecommunications relay service; qualified vendorsproviding specialized telecommunications devicedistribution service for the hearing-impaired and speech-impaired; and the Texas Department of Human Services, theTexas Department for the Deaf and Hard of Hearing, theTexas Universal Service Fund administrator, and thePublic Utility Commission for the costs incurred inimplementing the provisions of the Public UtilityRegulatory Chapter 56 (relating to TelecommunicationsAssistance and Universal Service Fund).

(B) The TUSF Surcharge is intended to flow through theCompany’s TUSF assessment. the Company’s TUSF Surchargepercentage will change periodically due to changes in theCompany’s TUSF assessment or as necessary to ensurerevenue neutrality.

(C) The surcharge will be identified on the retail customer'sbill as "TX USF Charge"

2.11 Distance Learning

Upon submission of an affidavit that complies with the requirementsof Public Utility Commission of Texas Substantive Rule §26.141, 16T.A.C. 23.93, an educational institution (as defined in TexasEducation Code, Sections 11.32, 11.33 and 61.003), library (asdefined in Section 441.122 of the Government Code) or a libraryoperated by an institution of higher education or school districtmay obtain a 25% discount on the tariff rate for any tariffedservice, except customer-specific contracts, that is usedpredominantly for distance learning purposes. Services qualifyingunder the provisions of Substantive Rule §26.141 will receive the25% discount on each tariffed rate.




2.12 Educational Percentage Discount Rate (E-Rate)

The percentage discount rates available pursuant to 47 Code ofFederal Regulations Part 54, subpart F to eligible schoolslibraries, and consortia as defined by 47 Code of FederalRegulations part 54, subpart F shall apply to the tariffed ratescontained herein. Schools, libraries, and consortia eligible for E-Rates pursuant to 47 Code of Federal Regulations Part 54, subpart Fshall comply with the provisions of 47 Code of Federal Regulationspart 54, subpart F in order to receive the intrastate E-Rates.

2.13 Customer Access to the Network

2.13.1 Allowed Use

(A) Customers are allowed to connect, through directattachment, simple customer premises wiring to Company-installed wiring at points up to and on the customer'sside of the demarcation point. Complex premises wiringmust be attached to the network through a Company-installed jack.

(B) Customers are allowed to reconfigure, rearrange, andremove Company-installed wiring on the customer's sideof the demarcation point. Customers may not attach to,or otherwise directly access, a Company protector.

(C) Property owners are allowed to connect, through directattachment, simple customer premises wiring to Company-installed wiring at points up to and on the propertyowner's side of the demarcation point. Complex premiseswiring must be attached to the network through aCompany-installed jack.

(D) Property owners are allowed to reconfigure, rearrange,and remove Company-installed wiring on the propertyowner's side of the demarcation point. Property ownersmay not attach to, or otherwise directly access, aCompany protector.

2.13.2 Limitation of Liability

(A) After a demarcation point is established at a minimumpoint of entry, Company-installed house and riser cableon the customer or property owner side of thatdemarcation point is subject to "allowed use" inaccordance with 2.13.1.




2.13 Customer Access to the Network (Cont’d)

2.13.2 Limitation of Liability (Cont’d)

(B) The Company shall in no way be liable for any harm,damage, service outage or degradation of service,whether intentional or inadvertent, as a result ofcustomer, property owner, or other third-party access toor use of Company-installed house and riser cable on thecustomer or property owner side of a demarcation point.The Company’s liability, if any, for gross negligence orwillful misconduct is not limited by this tariff.

2.13.3 Conditions on Allowed Use

(A) Company cable and facilities qualify for "allowed use"by a property owner in either single or multiunitinstallations if the following conditions are satisfied:(1) There are no other customers (other than those

located in the multiunit installation subject to theallowed use) served by pairs in the same cablesheaths serving the property owner. 1

(2) There are no services within the cable sheath thatrequire network equipment; however, an agreement bythe property owner to pay for the relocation of thenetwork equipment to a minimum point of entry willsatisfy this condition.

(3) There are no other cables in the same duct or buriedalong the same easement that the property ownerwishes to use that cross rights-of-way to serveother Company customers. (See 2.12.3(B) regardingright-of-way.)

(4) There are no other cables on the same pole that theproperty owner wishes to use that cross rights-of-way to serve other Company customers; however, theproperty owner's agreement to a pole attachment willsatisfy this condition. (See 2.13.3(B) regardingright-of-way.)

1 The Company recognizes sharing among state agencies and other politicalsubdivisions as a single unit installation for demarcation purposes. Suchsharing is subject to the Joint User provisions of this tariff. TheCompany will recognize a multiunit installation consisting solely ofstate agencies (not other political subdivisions) as a single unitinstallation for demarcation purposes. Where facility rearrangements arenecessary to establish a single demarcation point, the Company willcooperate with the sharing state agencies and local politicalsubdivisions to determine the lowest rearrangement costs.




2.13 Customer Access to the Network (Cont’d)

2.13.3 Conditions on Allowed Use (Cont’d)

(B) As the Company cannot transfer its right-of-wayauthority, the property owner must obtain the necessaryright-of-way from the appropriate authority under thecircumstances in 2.13.3(A)(1) and (3).

(C) In the event of shared tenant service (STS) or othershared service arrangements pursuant to the Joint Userprovisions of this tariff in a multiunit installation,as a condition for "allowed use", the STS or other jointuse provider agrees to allow tenants reasonable accessto the facilities on the non-network side of thedemarcation point as necessary to subscribe to servicedirectly from the Company.

(D) Company cable and facilities that do not qualify for"allowed use" in either single or multiunitinstallations under the provisions of 2.13.3 will not bemade available for "allowed use" and the Company willcontinue to provide service to customers served by thecable and facilities. However, the property owner mayrequest the Company to rearrange its service andfacilities to qualify them for "allowed use". Theproperty owner will be responsible for all such costs.

(E) New multiunit installations (i.e., those establishedafter June 9, 1994) may elect to have the "allowed use"of Company installed cable and facilities at any timenine years after the Company’s latest cablereinforcement in that installation. "Allowed use" ofCompany-installed cable and facilities in new multiunitinstallations will not be available until that time.

(F) "Allowed use" does not convey title to Company-ownedcable and facilities. Cable and facilities subject to"allowed use" remain the property of the Company. Cableand facilities subject to "allowed use" will not beretired until purchased or removed.




2.14 Suspension of Service

2.14.1 Service may be suspended for the nonpayment of a suitabledeposit after ten days proper written notice has been servedor mailed to the customer in accordance with the Commission'sSubstantive Rules.

Service may be discontinued for failure to comply withdeposit or guarantee arrangements or to furnish a suitabledeposit, when conditions appear to require the Company tohave such credit protection. Initial deposits may be requiredof applicants or existing customers. When a deposit isrequired on an existing account, the following time framesapply:

Deposit Requirements Based on Billing:

Commercial - Actual billings of a commercial customer must beat least twice the amount of the estimated billings, and asuspension notice has been issued on a bill within theprevious 12-month period, before a new deposit can berequested. If a deposit is requested, the customer may berequired to pay the new deposit within 15 days after issuanceof written notice of termination and requested deposit, or,in lieu of the deposit, the customer may elect to pay thecurrent bill by the due date of the bill, provided thecustomer has not exercised this option in the previous 12months.

Residential - Actual billings of a residential customer mustbe at least twice the amount of the estimated billings aftertwo billing periods, and a suspension notice has been issuedon a bill within the previous 12-month period before a newdeposit can be requested. If a deposit is requested, thecustomer may be required to pay the new deposit within 15days after issuance of written notice of termination andrequested deposit, or, in lieu of the deposit, the customermay elect to pay the current bill by the due date of thebill, provided the customer has not exercised this option inthe previous 12 months.

2.14.2 Service may be suspended without notice for abuse orfraudulent use of service. Where reasonable, given the natureof a hazardous condition, a written statement providingnotice of and reason for disconnection will be posted at thecommon entry or front door of each affected residential unitas soon as possible after service has been disconnected.

2.14.3 Service may be suspended for failure on the part of thecustomer to remove or disconnect unauthorized attachments orconnections to the Company facilities after being furnishedwritten notice.




2.14 Suspension of Service (Cont’d)

2.14.4 Service may not be disconnected for any of the followingreasons:(A) delinquency in payment for service by a previous

occupant of the premises;(B) failure to pay for merchandise provided by the Company;(C) failure to pay for a different type of class of service

unless fee for such service is included on the samebill;

(D) failure to pay the account of another customer asguarantor thereof, unless the Company has in writing theguarantee as a condition precedent to service;

(E) failure to pay charges arising from an underbillingoccurring due to any misapplication of rates more thansix months prior to the current billing.

2.14.5 Unless a dangerous condition exists or unless the customerrequests disconnection, service will not be disconnected on aday, or on a day immediately preceding a day, when Companypersonnel are not available to the public for the purpose ofmaking collections and reconnecting service.

2.15 Special Construction

2.15.1 When a special type of construction is furnished to acustomer, either inside or outside the base rate area, acharge is made equal to the difference between the estimatedcost of labor and materials of the special type ofconstruction and the estimated cost of labor and materials ofstandard construction. The customer is required to bearunusual maintenance costs for the special construction.

2.15.2 Where either underground or aerial construction of facilitiesis required, other than by choice of the Company, anadditional charge shall be made if the estimated cost of thetype of construction required, underground or aerial, exceedsthe estimated cost of the other type of construction. Thischarge shall be the difference in the cost of labor andmaterials between the two.



3. APPLICATION OF RATES

3.1 Business Rates

Business rates apply at the following locations:

In offices, stores, factories and all places of strictly businessnature.

In boarding houses (except as noted below), offices of hotels, hallsand offices of apartment buildings, quarters occupied by clubs orlodges, public, private or parochial schools or colleges, hospitals,libraries, churches and other similar institutions, except inchurches and lodges as specified below.

At residence locations when the customer has no regular businesstelephone and the use of the service either by himself, members ofhis household or his guests, or parties calling him can beconsidered as more of a business than of a residence nature, whichfact might be indicated by advertising, either by business cards,newspapers, handbills, billboards, circulars, motion picturescreens, or other advertising matter, such as on vehicles, etc., orwhen such business use is not such as commonly arises and passesover residence telephones during the intervals when, in compliancewith the law or established custom, business places are ordinarilyclosed.

At residence locations where the service is located in a shop,office or other place of business.

In college fraternity houses where the members lodge within thehouse.

At any location where the listing of service at that locationindicates a business, trade or profession, except as specified in3.2, following.




3.2 Residence Rates

Residence rates apply at the following locations:

In private residences where business listings are not provided.

In private apartments of hotels, rooming houses or boarding houseswhere service is confined to the customer's use and elsewhere inrooming and boarding houses which are not advertised as a place ofbusiness or which have less than five rooms for roomers or whichfurnish meals to less than ten boarders, provided business listingsare not furnished.

In the place of residence of a clergyman, physician, dentist,veterinary surgeon, other medical practitioner, Christian Sciencepractitioner, nurse, midwife, or in their office, provided theoffice is located in their residence and is not a part of an officebuilding. In any such cases the listing may indicate the customer'sprofession, but only in connection with an individual name. Iflistings of firms or partnerships, etc., or additional listings ofpersons not residing in the same household are desired, businessrates apply.

In a private stable or garage when strictly a part of a domesticestablishment.

In churches where the service is not accessible for publicpatronage, as in pastor's studies.

In lodges where there is only occasional use of the service.



4. SERVICE CONNECTION CHARGES

4.1 General

4.1.1 The charges specified in this section for the connection, moveor change of service contemplate work being performed byCompany employees involved at a time when overtime wages donot apply.

4.1.2 If the customer requests that overtime labor be performed athours of the day or days of the week other than normal workhours or days, or on holidays, or interrupts work once begun,an additional charge based on the additional costs involvedapplies.

4.1.3 Definition of Service Charges

The term "Service Charge" represents one of the following workfunctions necessary to perform a service connection, insidemove or change for a business or residence class of servicecustomer:

(A) Service Ordering Charge - receiving, recording andprocessing information in connection with a customerrequest for service. One Service Ordering Charge isapplicable per customer request, per due date, peraccount. However, when multiple service orders arerequired for Company reasons, only one Service OrderingCharge applies.

(B) Trip Charge - when it is necessary to travel to thecustomer's premises, one Trip Charge is applicable percustomer request, per due date, per premises. When morethan one trip to the customer's premises is necessary forCompany reasons, only one Trip Charge is applicable.

(C) Central Office Access Charge - work associated with theline extending from the serving central office to thecustomer's premises. It includes, but is not limited to,central office connections, cable cross-connections, andconnecting or moving the drop wire or protector block.

(D) Definitions (Applicable to this tariff section only)Accoun t - a customer's record relating to his service orequipment. Service may be all on one premises orextending to other premises as long as it is billed tothe main billing number.



4. SERVICE CONNECTION CHARGES (Cont’d)

4.1 General (Cont’d)

4.1.4 No distinction is made between a "New Installation orConnection" and an "Outside Move." All changes in location ofcustomer's equipment or service from one premises to another,except as otherwise provided in this section, are treated asnew service connections with service charges applying. For adefinition of the term "Premises," see Section 1 of thistariff.

4.1.5 Service charges are in addition to other rates and chargesnormally applying under the tariffs. They apply in addition toconstruction charges made because of unusual costs inestablishing service and are not in lieu of mileage charges.

4.1.6 For regulations covering the payment of service charges, seeSection 2.5 of this tariff.

4.1.7 A maintenance of service charge will apply in those instanceswhere the Company makes a repair visit to the customer'spremises and the service difficulty or trouble is not on theCompany’s side of the demarcation point.

4.2 Service ChargesResidence Business

Service Ordering Charge 1,2

Primary $22.00 $36.00Secondary 16.65 16.65

Trip Charge 2 14.60 14.60

Central Office Access Charge 2 16.35 21.30

1 Service Ordering Charge(a) Primary - primary charges apply on New Connect (N), Change of Address

(T) and Number Change (C) type order activity of the billing telephonenumber, or the bill on telephone number.

(b) Secondary - secondary charges apply on all other order activity (ifappropriate).

2 Standard Service Order, Central Office Access and Trip Charges apply toactivity on network access lines terminating in customer providedequipment.



4. SERVICE CONNECTION CHARGES (Cont’d)

4.2 Service Charges (Cont’d)

(A) Service Ordering Charge(1) Where existing service is reconnected without change and a

trip to the customer's premises is not required, oneService Ordering Charge is applicable for the entiresystem. No other service charges are applicable.

(2) Apply a Service Ordering Charge per request, per due date,per account, for the temporary suspension of service at thecustomer's request.

(3) Apply a Service Ordering Charge for a transfer of contractwhere there is a change of name and interest.

(4) Apply one Service Ordering Charge per request, per due date,per account, when work is required at the customer'spremises.

(5) Apply one Service Ordering Charge to orders involvingtransfers of service from one premises to another, or fromone location to another on the same premises.

(6) Apply a Service Ordering Charge per request, per due date,per account, to arrange for the connection of or change tocustomer provided equipment.

(B) Trip Charge(1) Apply one Trip Charge per request, per due date, per

premises, when work is required at the customer's premises.(2) Apply one Trip Charge to orders involving transfers of

service from one premises to another, or from one locationto another on the same premises.

(3) Apply one Trip Charge per request, per due date, perpremises, to arrange for the connection of or change tocustomer provided equipment.

Service Charges Do Not Apply as follows:

(A) Exchange access lines, for which no basic exchange rates apply,including public telephones.

(B) Service reestablished, within the same exchange, after thedestruction or partial destruction of the customer's premises bymeans beyond the control of the customer whether at the same oranother location. However, if service is established at a newlocation and the customer later moves back to the old location,the Service Charges are applied in connection with thereestablishment of service at the old location.

(C) Moves or changes required for the proper maintenance of Service.

(D) Changing grade of service when customers are upgraded afterhaving to take a lower grade of service initially due tofacilities not being available.



5. FRAME RELAY DIGITAL SERVICE1

1 Effective January 1, 2003, Frame Relay Service offered in this Tariff("Obsolete Service") is no longer available to Customers who on that dateare not subscribers of the Obsolete Service. Customers who on January 1,2003 are subscribers of the Obsolete Service provided under a volumepricing contract or on a month-to-month basis retain all existing rightswith respect to those services under the terms of this section (e.g.,customers may add or rearrange PVCs).



5. FRAME RELAY DIGITAL SERVICE (Cont’d)

5.1 Descriptive Summary

5.1.1 Frame Relay (FRS) is a transport service that facilitates theexchange of variable length information units (frames) betweenend user connections by way of assigned virtual connections.Based on ANSI (American National Standards Institute) andCCITT (Committee Consultat de International Telegraphique etTelephonique) standards for Frame Relay, each frame is passedto the Frame Relay network with an address that specifies thevirtual connection.

5.1.2 Variable frame length capability is useful in communicationsbetween asynchronous Local Area Networks (LAN) and fortransport of synchronous data traffic. Frame Relay is capableof handling the requirements of bursty data sources because ofthe ability of the service to allocate additional bandwidthwhen not in use by other sources.

5.1.3 The major components of the FRS are: 1) the Network Interface,which is the point of interconnection between the Companycommunications facilities and the customer terminal equipment;2) the Site Link, consisting of the physical entry points intothe FRS Network and the facility that provides access to theFRS Network via a connection from the customer's networkinterface; 3) the Logical Link, which is the permanent virtualcircuit that establishes the connection from one Site Link toanother; 4) the Link Extension, which is the facility from theCompany meet-point to the ILEC central office in thoselocations within the same LATA where the ILEC does not providea frame relay network.

5.1.4 The Company does not undertake to originate data, but offersthe use of its service components, where available, tocustomers for the purpose of transporting customer originateddata.

5.2 Definitions

Link ExtensionA customer served by an office located outside of an establishedPrimary Market Area (PMA), but within the same LATA, will be requiredto order a Link Extension. The Link Extension will consist ofinteroffice transport between the Site Link at the customer's servingcentral office and the nearest central office within the PMA.

Logical LinkThe permanent virtual circuit between two customer Site Linksestablishing a two-way connection which allows user data to flow.Includes the Site Links, Frame Relay switch(es) and the trunkingbetween switches.




5.2 Definitions (Cont’d)

Network LinkA facility used to connect two PMAs within the same LATA.

Primary Market Area (PMA)The geographic area in which Frame Relay Service is offered whichconsists of an exchange area suitably equipped for Frame RelayService. Service is available outside the PMA (but within the LATA)by subscribing to a distance sensitive Link Extension.

Site LinkThe physical connection between the customer's network interface andthe FRS network.

Virtual Connection (or Virtual Circuit)A communications link that appears to be a dedicated point-to-pointcircuit but is actually established only on demand, thereby allowingshared use of part or all of the facility.

5.3 General Regulations

5.3.1 The following rules and regulations are in addition to otherrules and regulations as stated in this or other Companytariffs.

(A) Provision of this service (or provision of any specificelement associated with this tariff) is subject to theavailability and operational limitations of the equipmentand associated facilities.

(B) A variety of equipment and facilities may be used toprovide this service, and the Company reserves the rightto determine which shall be used and to modify and changesuch equipment at its option.

(C) No credit allowance will be made for interruptions due tothe negligence and/or failure of equipment provided by thecustomer or user. Furthermore, interruptions of serviceduring any period in which the Company is not affordedaccess to the premises at which this service is terminatedwill not receive a credit allowance.

(D) The minimum billing period for this service is one month.If service is discontinued, after the first month, duringa fractional part of a month all appropriate charges willbe based on the actual number of days the service isfurnished. For the purpose of administering thisregulation with respect to the determination of chargesfor a fractional part of a month, every month isconsidered to have 30 days.




5.3 General Regulations (Cont’d)

5.3.1 (Cont’d)

(E) This service requires the use of customer providedequipment which must be compatible with the Company'sequipment and facilities and must conform to industrystandards for Frame Relay and specifications provided inTechnical Publication TP 76642.

(F) Service furnished to one customer may be assumed by a newcustomer upon due notice of cancellation or abandonment,provided there is no lapse in service and the service isassumed exactly as provided to the previous customer. Thenew customer must assume all the obligations of theprevious customer. Such transfers are subject to anyapplicable transfer of contract charges specified inSection 4 of this Tariff.

(G) The Company shall be authorized to discontinue serviceupon notice from any official charged with the enforcementof the law stating that such service is being used as aninstrumentality to violate the law. The customer will benotified immediately by the Company, but suchdiscontinuance of service will not be considered a serviceinterruption for the purpose of credit allowance.Applicable charges will continue to accrue until serviceis disconnected at the customer's request.

(H) This service requires the use of customer providedequipment which must be compatible with the Company'sequipment and facilities and must conform to industrystandards for Frame Relay and specifications provided inTechnical Publication TP 76642.

5.4 Service Availability

5.4.1 Frame Relay is available within the following Primary MarketAreas (PMAs): Austin, Dallas, Ft. Worth, Houston and SanAntonio. Frame Relay will be available within 120 days of afirm order in the Beaumont and El Paso PMAs. Service outsidethe PMA (but within the same LATA) is made possible by thedistance sensitive Link Extension. One or more PMAs may belocated within a LATA. Extended Area Service (EAS) does notapply nor is an Optional EAS arrangement (including ExtendedArea Calling Service and Extended Measured Service) availablefor this service.




5.4 Service Availability (Cont’d)

5.4.2 A customer's premises or serving central office need not be inthe PMA to subscribe to Frame Relay Service. If the customeris served by an office outside the PMA (but within the sameLATA), the customer will be required to subscribe to a LinkExtension which will include distance sensitive charges basedon the airline mileage (V-H) from the customer's servingcentral office to the closest central office that is withinthe PMA.

5.4.3 The Company will install Frame Relay service when a firm orderis received in an exchange or zone not included withinexisting Frame Relay PMAs, or in a LATA with no existing FrameRelay PMA. The Company reserves the right to not deploy FrameRelay at the tariffed rate if: 1) it is not economicallyjustified in a particular instance; or 2) there is no centraloffice within the exchange, zone or LATA that istechnologically capable of offering the service.

5.4.4 When the customer requires the modification of standardservice components not otherwise provided in this tariff, themodification can be furnished by the Company subject toadditional regulations, rates and charges as specified inother tariffs.

5.4.5 Special Construction will be provided under the regulations,rates and charges as set forth in Paragraph 2.14 of thisTariff. Special Construction is construction undertaken by theCompany where facilities are not available and there is noother requirement for the facilities constructed; of a typefacility other than that normally used for this service; overa route other than that which would normally be used; in aquantity greater than what the Company would normallyconstruct for the needs of this service; on a temporary basisuntil permanent facilities are completed; involving abnormalcosts; or in advance of normal construction on an expeditedbasis.

5.4.6 This service is guaranteed under the terms of this subsectionto provide an average performance of at least 99.0 percenterror free seconds up to the demarcation point (networkinterface) of the channel for operation at all transmissionspeeds offered by this tariff. When Frame Relay Service isoperating at an error performance level that is unsatisfactoryto the customer, and the Company determines that the errorperformance level is below that specified above, the period ofsubstandard performance will be considered as an interruption.Any credit allowance shall be based on the time of notice bythe customer or user to the Company that an unsatisfactoryperformance level has occurred, provided that the customerpromptly releases the service as requested by the Company toperform testing and maintenance.




5.5 Limitations

5.5.1 Logical Links must be associated with at least one Site Link.A customer must subscribe to at least one Site Link tosubscribe to a Logical Link.

5.5.2 A Site Link can be associated with any number of LogicalLinks. Since all Logical Links need not be in use at the sametime, it is possible for the total bandwidth of all LogicalLinks associated with one Site Link to exceed the bandwidth ofthat Site Link. Such a relationship is referred to as over-subscription and when this occurs, there can be no guaranteethat the bandwidth defined for that Logical Link will beavailable at any point in time.

5.5.3 No Logical Link can have a greater bit rate than the bit rateof either of the associated Site Links.

5.5.4 A customer subscribing to a Site Link will be referred to asthe Controller of the Site Link. A customer subscribing to aLogical Link need not be the Controller of either Site Linkbut must have the permission of the both Controllers in orderto establish a Logical Link connecting the two Site Links.

5.5.5 Site Links and Logical Links are ordered and billedindependently and can have different customers as Controllers.A request by one customer to disconnect one component does notresult in the disconnection of associated components. Only theController of a Site Link may authorize disconnection of thatSite Link.




5.6 Responsibility of the Customer

5.6.1 Where Frame Relay service is available for use in connectionwith communications systems or equipment provided by acustomer or user, the operating characteristics of suchsystems or equipment shall be such as not to interfere withany services offered by the Company. Such use is subject tothe further provisions that the equipment provided by thecustomer or user does not endanger the safety of the Companyemployees or the public; damage, harm, require change in oralteration of the equipment or other services of the Company;interfere with the proper operation of the Company'sequipment; or otherwise injure the public in its use of theCompany services. Upon notice from the Company that theequipment provided by customer or user is causing, or islikely to cause, such hazard or interference, the customershall take such steps as shall be necessary to remove orprevent such hazard or interference.

5.6.2 The customer, upon request, shall furnish such information asmay be required to permit the Company to design and maintainthe Frame Relay service it offers and to assure that theservice arrangement is in compliance with the regulationscontained herein.

5.6.3 It shall be the responsibility of the customer to ensure thecontinuing compatibility of the customer provided equipmentthat is used in conjunction with the Frame Relay service.

5.6.4 Registration Program - Effective June 30, 1987, the FederalCommunications Commission's Part 68 Rules and Regulations wereamended to require registration of customer provided equipmentthat directly connected to subrate and 1.544 Mbps digitalservices after that date. The equipment or system must alsocomply with the requirements of the Technical ReferencePublication 62411.

5.6.5 The customer shall be responsible for obtaining permission forthe Company agents or employees to enter the premises of thecustomer at any reasonable hour for the purpose of installing,inspecting, repairing or, upon termination of the service,removing the service components of the Company.

5.6.6 The customer shall be responsible for the payment of aMaintenance of Service Charge for each repair visit to apremises of the customer or the premises of any other customerwhere the service difficulty or trouble results from the useof equipment or service components provided by the customer.




5.7 Responsibility of the Company

5.7.1 The responsibility of the Company shall be limited tofurnishing network equipment suitable for Frame Relay serviceand to the maintenance and operation of such equipment in amanner proper for such service. Subject to thisresponsibility, the Company shall not be responsible for thethrough transmission of signals generated by the customerprovided equipment or system, or for the quality of, ordefects in, such transmission or the reception of signals bysuch equipment or systems.

5.7.2 The Company shall not be responsible for installation,operation or maintenance of any terminal equipment, data unitor communications system provided by a customer or user. TheCompany is not responsible for adapting Frame Relay service tothe technological requirements of any specific customerequipment.

5.7.3 When a customer orders a Logical Link which is relayed toLocal Exchange Carriers, or other Frame Relay networks, theCompany will provide advisory assistance as a part of theestablishment of this Logical Link.

5.7.4 The Company shall not be responsible to the customer or userif changes in any of the equipment, operations or proceduresof the Company used in the provision of Frame Relay servicerender any facilities provided by the customer or userobsolete or require modification or alteration of suchequipment or system or otherwise affect its use orperformance, provided the Company has met any applicableinformation disclosure requirements otherwise required by law.

5.7.5 The Company undertakes the responsibility to maintain andrepair the service which it furnishes. Network equipmentinstalled by the Company on the customer's premises shall beand remain the property of the Company. The customer or usermay not rearrange, disconnect, remove, attempt to repair,remote test or interface with any network equipment installedby the Company without prior written consent by the Company.

5.7.6 The Company, by written notice to the customer, mayimmediately discontinue the furnishing of Frame Relay servicewithout incurring liability upon nonpayment of any sum due tothe Company or a violation of any condition governing thefurnishing of service.




5.7 Responsibility of the Company (Cont’d)

5.7.7 The Company has the service responsibility up to and includingthe network interface. The network interface will be providedas set forth in Technical Reference PUB 62411.

5.7.8 The placement of the network interface shall be located in amanner consistent with federal and state regulatoryrequirements. This location will be at each customer'spremises, unless specified otherwise by building/land ownerand agreed to by the Company.

5.8 Application of Rates

5.8.1 Rates and charges for the Site Link will include a recurringmonthly charge and a nonrecurring charge and are based on theavailable transmission speeds (bit rates). The Site Link isavailable in the following speeds: 56Kbps, 384 Kbps and 1.536Mbps.

5.8.2 The Rates and Charges for the Logical Link will include arecurring monthly charge and a nonrecurring charge and arebased on transmission speeds and will be available in avariety of bit rates.

5.8.3 The rates and charges for the Inter-Network Additive willinclude a recurring monthly charge and are applied per LogicalLink.

5.8.4 A Nonrecurring Charge will be assessed for each customerrequested change in the transmission speed of the Site Link orLogical Link or for a new Site Link or Logical Link at the newspeed.

5.8.5 The application of Nonrecurring Charges found in Section 5.9of this tariff is as follows:

First UnitApplies to the first unit per customer request, per due date,per PMA.

Additional UnitApplies to the additional unit(s) on the same customer requestas the initial unit, same due date, and same PMA.




5.9 Rates and Charges

5.9.1 Site LinksNonrecurring Charges

Monthly First AdditionalUSOC Rate Unit Unit

56 Kbps LOK5X $170.00 $390.00 $300.00384 Kbps LOK6X 295.00 640.00 440.001.536 Mbps 1 LOK8X 850.00 640.00 440.00

Site Links Utilizing Access Advantage Plus Service Facilities 3

Nonrecurring ChargesMonthly Each

USOC Rate Unit

56 Kbps LOQUX $90.00 $30.00384 Kbps LOQVX 150.00 30.00

5.9.2 Link Extensions 2

Monthly RateMonthly Per

USOC Rate Mile

56 Kbps FCE5X $50.00 $.96384 Kbps FCE6X 65.00 28.001.536 Mbps 1 FCE8X 65.00 28.00

(See Page 58 for Footnotes)




5.9 Rates and Charges (Cont’d)

5.9.3 Network Links 4

Monthly RateMonthly Per

USOC Rate Mile

56 Kbps NLZ5X $60.00 $.96384 Kbps NLZ6X 300.00 28.001.536 Mbps 1 NLZ8X 990.00 28.00

5.9.4 Logical LinksNonrecurring Charges

Monthly First AdditionalUSOC Rate Unit Unit

56 Kbps LCN5X $45.00 $150.00 $120.00384 Kbps LCN6X 60.00 150.00 120.001.536 Mbps 1 LCN8X 120.00 120.00 120.00

Footnotes:1 Network capabilities in some locations may be initially limited to

providing a maximum of 1.344 mbps.2 A Link Extension is assessed both the monthly base rate and the monthly

rate per mile which is calculated using the distance from the customer'sserving central office to the nearest central office that is locatedwithin the PMA. These rates are in addition to the monthly rate for theassociated Site Link. The Link Extension must be associated with andordered at the same time as the Site Link.

3 These rates and charges are in addition to rates and charges for AccessAdvantage Plus Service. Access Advantage Plus Service is a SouthwesternBell Telephone Company (SWBT) service that provides a single channelizedhigh capacity facility between a customer premise and its service officefor connection to other voice and data services. Access Advantage PlusService is in Section 15 of the Digital Link Service Tariff.

4 A Network Link is assessed both the monthly base rate and the monthly rateper mile which is calculated using the distance from the two closestoffices in the two PMAs being connected. A Network Link must be associatedwith and ordered at the same time as one or more Logical Links.




5.10 Volume Pricing

5.10.1 General

The Company may offer discounted volume pricing for FrameRelay Service customers who sign a contract and subscribe toa minimum of 10 Frame Relay Site Links or Access AdvantagePlus Transport elements for a minimum of three years. Thevolume pricing rates for Frame Relay Service including SiteLinks, Logical Links, Link Extensions and Network Links willapply for the duration of the contract. Each customer'scontract may contain conditions and rates specific to thatcustomer's needs; however, the discounted rates shall be setwithin the range of the LRIC floor and the price ceiling forthe service.

In order to qualify for the discounted contract price, atleast 10 Frame Relay Site Links or Access Advantage PlusTransport elements must be within the same state and becovered by a single contract. When the customer meets theseeligibility requirements, the customer may elect to transferexisting Frame Relay services to the new contract.

During the term of the Volume Pricing contract, additionalFrame Relay Service rate elements may be added to thecontract, and the contract will specify the terms andconditions of such additions.

5.10.2 Public Utility Commission Notification

The Company will file quarterly reports with the Commission,and at the same time, serve a copy of those reports to theOffice of Public Utility Counsel. The reports will providethe following information regarding all customer specificcontracts for services pursuant to this tariff section:- customer name, location and contact;- type of services, exchange location and quantities;- terms and rates for services;- affidavit attesting that the rates:

• are set above the less or of the rates in effect for theservices on September 1, 1999 or the long runincremental costs of the services;

• are not unreasonably preferential, prejudicial ordiscriminatory;

• are such that the contracted services will not besubsidized directly or indirectly by regulated monopolyservices; and

• are not predatory or anticompetitive.

5.10.3 The price ceiling shall be the currently approved rates forFrame Relay Service at the comparable service term.



6. CUSTOMER SPECIFIC PRICING

6.1 Scope

This Customer Specific Pricing Tariff provides for specializedintraLATA services and/or pricing plans that are not provided underexisting tariff offerings.

This tariff contains customer specific rules and regulations pursuantto Substantive Rule 26.211. This tariff recognizes that thedescription and pricing for services provided pursuant to contractwill be developed on an individual case basis (ICB) according to theexclusive needs of the customer, and may constitute proprietaryinformation that the customer may not wish to convey to competitors.

The Company’s ability to furnish or to continue to furnish CustomerSpecific Pricing arrangements is dependent on its ability to obtain,retain and maintain suitable rights and facilities, and to providefor the installation of those facilities required incident to thefurnishing and maintenance of that service.

The rates for High Capacity Network Services and Customized Serviceswill be established based on market criteria relative to the specificcase, but no rate that the Company proposes will be below the cost ofproviding that service.

6.2 Liability

6.2.1 In view of the fact that the customer has exclusive control ofhis communications over the facilities furnished him by theCompany, and of the other uses for which facilities may befurnished him by the Company, and because of unavoidableerrors incident to the services and to the use of suchfacilities of the Company, the services and facilitiesfurnished by the Company, are subject to the terms, conditionsand limitations herein specified.

6.2.2 The Company’s failure to provide or maintain facilities underthis tariff shall be excused by labor difficulties,governmental orders, civil commotions, acts of God and othercircumstances beyond the Company’s reasonable control, subjectto the interruption allowance provisions of this tariff.



6. CUSTOMER SPECIFIC PRICING (Cont’d)

6.2 Liability (Cont’d)

6.2.3 The Company’s liability, if any, for its gross negligence orwillful misconduct is not limited by this tariff. With respectto any other claim or suit by a customer or any others fordamages arising out of mistakes, omissions, interruptions,delays or errors, or defects in transmission occurring in thecourse of furnishing service hereunder, the Company’sliability, if any, shall not exceed an amount equivalent tothe proportionate charge to the customer for the period ofservice during which such mistake, omission, interruption,delay, error, or defect in transmission or service occurs andcontinues. This liability shall be in addition to any amountsthat may otherwise be due to the customer under this tariff asan allowance for interruptions. However, any such mistakes,omissions, interruptions, delays, errors, or defects intransmission or service which are caused or contributed to bythe negligence or willful act of the customer, authorizeduser, or joint user, or which arise from the use of customer-provided facilities or equipment shall not result in theimposition of any liability whatsoever upon the Company.Except as specifically set forth in the this Tariff Section2.8.8 no other liability shall in any case attach to theCompany in consideration of such interruptions.

6.2.4 The customer indemnifies and saves the Company harmlessagainst (1) claims for libel, slander or the infringement ofcopyright arising from the material transmitted over theservice components; (2) claims for the infringement of patentsarising from, combining with, or used in connection withservice components of the Company, apparatus and systems ofthe customer; and (3) all other claims arising out of any actor omission of the customer in connection with the servicecomponents provided by the Company.

6.2.5 When the lines of local exchange companies (LECs) are used inestablishing connection to points not reached by the Company’slines, the Company is not liable for any act or omission ofthe LECs.

6.2.6 The Company is not liable for any defacement of or damage tothe premises of a customer resulting from the furnishing ofservice components or the attachment of the service componentsfurnished by the Company on such premises or by theinstallation or removal thereof, when such defacement ordamage is not the result of negligence of the agents oremployees of the Company.




6.2 Liability (Cont’d)

6.2.7 The customer indemnifies and saves harmless the Companyagainst claims, losses or suits for injury to or death of anyperson or damage to any property which arises from the use,placement or presence of the Company’s network equipment,facilities and associated network wiring on the customer'spremises.

6.3 Obligations of Customers

6.3.1 All ordinary expenses of maintenance and repair of Company-provided facilities and network equipment will be borne by theCompany, except, if damage to or destruction of any of Companyfacilities or network equipment is caused by the negligence orwillful conduct of the customer, its subsidiaries, affiliates,employees or agents; or by reasons of the equipment providedby the customer on the customer's side of the networkinterface. In case of damage to or destruction of any ofCompany network equipment or facilities not due to ordinarywear and tear, the customer is held responsible for the costof replacing Company network equipment or facilities destroyedor for the cost of restoring Company equipment to its originalcondition. The customer is also responsible for reimbursingthe Company for any loss through theft of the equipment orfacilities on the customer's premises.

6.3.2 The customer shall provide, maintain and install all terminalequipment on the customer's side of the network interfaceassociated with the Service. The customer shall assure thatthe equipment does not cause electrical hazards to Companypersonnel or damage the Company-provided facilities orequipment. The customer-provided equipment shall meet allapplicable Federal Communications Commission's (FCC)Regulations and will allow for the testing of Companyfacilities.

6.3.3 Customers may not install, rearrange, disconnect, remove, orattempt to repair, or permit others to install, rearrange,disconnect, remove, or attempt to repair any wiring or networkequipment associated with Company-provided facilities, exceptupon the written consent of the Company.

6.3.4 When commercial power is used for the operation of Companynetwork equipment or facilities located at the customer'spremises, the customer will provide the necessary powerwiring, power outlets and commercial power. The customerassumes all responsibility for the safe condition of the powerwiring, power outlets and commercial power.




6.3 Obligations of Customers (Cont’d)

6.3.5 The customer shall notify the Company in writing 30 days priorto the discontinuance of any service provided under thistariff.

6.3.6 Service furnished one customer may be assumed by a newcustomer upon due notice of cancellation or abandonment,provided there is no lapse in service. The new customer mustassume all the obligations of the previous customer. Suchtransfers are subjected to applicable nonrecurring charges.

6.3.7 The purpose or purposes for which the Customer SpecificArrangement is to be used must be made known to the Company attime of application for service. In the event of a plannedchange in use of service, the customer will notify the Companyin writing prior to the change.

6.3.8 The customer is responsible for making Company facilitiesavailable periodically for maintenance purposes at a timeagreeable to both the Company and the customer. No allowancewill be made for the period during which the service isinterrupted for such purposes.

6.3.9 The customer shall be responsible for the installation,operation and maintenance of any customer-provided terminalequipment or communications system. No combination ofcustomer-provided terminal equipment or communications systemshall require change in or alteration of the equipment orservices of the Company, cause electrical hazards to Companypersonnel, damage to Company equipment, malfunction of Companybilling equipment, or degradation of service to persons otherthan the user of the subject terminal equipment orcommunications system, his calling or called party. Uponnotice from the Company that a customer-provided terminalequipment or communications system is causing such hazards,damage, malfunction or degradation of service, the customer,authorized user or joint user shall make such change as shallbe necessary to remove or prevent such hazard, damage,malfunction or degradation of service.

6.3.10 The customer shall be responsible for the payment of anonrecurring Maintenance Service Charge of $30.00 for eachrepair visit to a premises of the customer, authorized orjoint user or the premises of any other customer where theservice difficulty or trouble results from the use ofequipment or facilities provided by the customer, authorizeduser or joint user.




6.4 Rights of the Company

6.4.1 Where the customer uses unauthorized equipment, accessories,apparatus, circuit or device, he will be billed the amountspecified in 6.3.9, preceding, for each service call made tohis premises or the premises of any other customer by reasonof the use of such attachment or connection with facilities ofthe Company. In addition, the customer will be heldresponsible for the cost incurred by the Company forcorrecting any impairment of service caused by the use of suchattachment or connection.

6.4.2 Facilities and network equipment furnished by the Companylocated on the customer's premises shall remain the propertyof the Company, whose agents and employees have the right toenter said premises at any reasonable hour for the purposes ofinstalling, inspecting, maintaining or repairing the equipmentor facilities and for the purpose of removing such facilitiesand equipment upon termination of the service.

6.4.3 At the Company’s option, a customer with a Customer SpecificPricing arrangement may be required to execute a lease oragreement between the Company and the customer, his affiliatesand/or subsidiaries which may further define, explain, expand,limit or revise the Company’s rights and obligations and thecustomer's rights and obligations.

6.4.4 Special Charges, Fees and Taxes

There shall be added to the customer's bill for service, anadditional charge equal to the pro rata share of anyoccupation, franchise, business, license, excise, privilege orother similar charge or tax, now or hereafter imposed upon thegross receipts or revenue of the Company by a municipal taxingbody or municipal authority whether by statute, ordinance, lawor otherwise, and whether presently due or to hereafter becomedue.

The charge applicable to each customer will appear separatelyon the customer's regular monthly bill and shall be determinedon a basis equal to the tax levied by each municipal taxingbody or municipal authority. The amount of charge to thecustomer shall be computed by dividing the tax expressed as apercentage by 100% minus the tax expressed as a percentage andmultiplying the decimal thus obtained by the customer'sservice charges to which such tax applies as reflected by thefollowing formula:

( Tax % ) x Service Charges Subject to Tax = Amount of Charge(100% - Tax %) to Customer

The amount of charge to the customer will be rounded to thenearest cent.




6.5 Use

6.5.1 Customer Specific Arrangements shall not be used for anypurpose for which a payment or other compensation, shall bereceived by either the customer, authorized user or jointuser, or in the collection, transmission, or delivery of anycommunications for others.

6.5.2 Customer Specific Arrangements are furnished subject to thecondition that they will not be used for any unlawful purpose.Service will be discontinued forthwith, if any law enforcementagency, acting within its apparent jurisdiction, advises inwriting that such service or channels are being used inviolation of law. The Company will refuse to furnish servicewhen it has reasonable grounds to believe that such servicewill be used in violation of the law.

6.6 Payment Arrangements and Credit Allowances

6.6.1 Applicants for service may be required to pay in advance ofthe establishment of service the nonrecurring chargesapplicable, together with any fixed charges applicable for thefirst month. The customer is responsible for payment of allcharges for facilities and services furnished the customer orshared with an authorized user or joint user in accordancewith the Company’s regular billing and collection practices.

Service may be discontinued for failure to furnish a suitabledeposit when conditions appear to require the Company to havesuch credit protection, provided the Company has furnishedfive days written notice to the customer requiring thecustomer to furnish such a deposit.

6.6.2 Upon nonpayment of any sum due the Company, or upon illegaluse of any service, or upon a violation of any of theconditions governing the furnishing of a service, the Companyafter five days written notice may discontinue the furnishingof said service and terminate the contract without incurringany liability.

6.6.3 When at the request of the Company, a service is temporarilysurrendered by the customer, authorized user or joint user forother than maintenance purposes, credit will be allowed; theamount of which will be determined in the same manner as foran allowance for interruptions.




6.6 Payment Arrangements and Credit Allowances (Cont’d)

6.6.4 In the event a customer's service is interrupted other than bythe negligence or willful act of the customer, and it remainsout of order for eight normal working hours or longer afteraccess to the premises is made available and after beingreported to be out of order, appropriate adjustments orrefunds shall be made to the customer. The amount ofadjustment or refund shall be determined on the basis of theknown period of interruption, generally beginning from thetime the service pro rata part of the month's flat-ratecharges for the period of days and that portion of the servicefacilities rendered useless or inoperative. The refund may beaccomplished by a credit on a subsequent bill for service.

6.6.5 If billing for the Company’s services are found to differ fromthe Company’s tariffed rates, or if the Company fails to billthe customer for such services, a billing adjustment will becalculated by the Company. If the customer is due a refund, anadjustment shall be made for the entire period of theovercharges. If an overcharge is adjusted by the Companywithin three billing cycles of the bill in error, interest isnot applicable. However, if an overcharge is not adjusted bythe Company within three billing cycles of the bill in error,interest shall be applied to the amount of the overcharge. Therate of interest is set annually by the Commission for atwelve-month period and is based on an average of primecommercial paper rates for the previous twelve-month period.

6.7 Public Utility Commission Notification

The Company will file quarterly reports with the Commission, and atthe same time, serve a copy of those reports to the Office of PublicUtility Counsel. The reports will provide the following informationregarding all customer specific contracts for services pursuant tothis tariff section:- customer name, location and contact;- type of services, exchange location and quantities;- terms and rates for services;- affidavit of the customer attesting to the fact that the customer

was aware of the possibility of purchasing such services from otherproviders; and

- affidavit attesting that the rates:• are set at 105% or more of the long run incremental costs of the services;• are not unreasonably preferential, prejudicial or discriminatory;• are such that the contracted services will not be subsidized directly or

indirectly by regulated• monopoly services;• and are not predatory or anticompetitive.

The Company, when requested by the Commission, will provide thedocumentation necessary to support the development of a particularCustomer Specific Arrangement Proposal.




6.8 Payment Options

The Company will offer the following payment options to customerssubscribing to Customer Specific Arrangements:

6.8.1 Option One

A payment option that allows the customer to pay monthlyrecurring rates and charges, subject to Company-initiatedchange, plus a nonrecurring charge. A Maximum TerminationLiability Contract or minimum billing period will apply inthose cases when, in the judgment of the Company, there arenonrecoverable costs involved if the customer shoulddiscontinue service prior to the expiration of the leaseperiod. These charges will be developed according to theguidelines established for Special Construction.

6.8.2 Option Two

A payment option that allows the customer to pay a fixedmonthly rate for the Customer Specific Arrangement over aperiod not to exceed 60 months. Customers subscribing to thisplan are subject to the following additional regulations:- Customers must sign a lease for service which will remain in

effect during the selected Fixed-Rate Term.- During the lease term, the Fixed Rates are not subject to

rate increases initiated by the Company. Services notcovered by the Customer Specific Arrangement lease remainsubject to Company-initiated rate changes.

- Monthly recurring rates may be recovered through an up-frontpayment calculated through current present worth factors.

- A Maximum Termination Liability Contract or minimum billingperiod will apply in those cases when in the judgment of theCompany, there are nonrecoverable costs involved if thecustomer should discontinue service prior to the expirationof the lease period term.

- Additions to the Customer Specific Arrangement, after theinitial service installation has been completed, will beconsidered a new arrangement, subject to considerations inParagraph 6.8, unless otherwise specified in the initialcustomer's lease.

- Moves of Customer Specific Arrangements provided under thispayment option will be performed only when technicallyfeasible in the opinion of the Company and based on the costincurred.

- The customer may, at its option prior to the expiration ofthe existing lease, renew the lease for an additional periodnot to exceed 60 months. This will include the signing of anew lease. The customer will pay the newly determined planrate at that time for the lease period.




6.8 Payment Options (Cont’d)

6.8.2 Option Two (Cont’d)

- At the conclusion of the selected monthly plan lease, thecustomer must elect one of the following, subject to thepayment option available at that time:� Convert to another existing payment option, based on the

terms, conditions and rate levels that will be determinedat that time.

� Renew the lease at the terms, conditions and rate levelsthat will be determined for the new contract period.

� Discontinue the service.

If the customer does not notify the Company which option itelects by the lease expiration date, service will continue atmonthly rates set in accordance with the payment option statedin 6.8.1, preceding.

6.8.3 Option Three

A payment option which allows the customer to pay combinedFixed and Variable monthly rates. The customer will pay thesum of both a Fixed and Variable rate for a term of 36, 48,60, 84 or 120 months. At the conclusion of the Fixed-RateTerm, the customer will be required to renegotiate the FixedRate for an additional period of 36, 48, 60, 84 or 120 monthsor discontinue the service. The Variable rates will apply aslong as the service is provided. Customers subscribing to thispayment option are subject to the following additionalregulations:- Fixed monthly rates are not subject to Company-initiated

changes during the existing Fixed-Rate Term.- Variable rates are subject to Company-initiated changes. A

review of these rates will occur at least every 24 months oras specified in the customer contract for the customerspecific arrangement.

- The customer will be required to sign a lease for servicewhich specifies the terms of the payment option.

- Monthly recurring rates may be recovered through an up-frontpayment, calculated through current present worth factors.

- A Maximum Termination Liability Contract or minimum billingperiod will apply in those cases when in the judgment of theCompany, there are nonrecoverable costs involved if thecustomer should discontinue service prior to the expirationof the lease period term.




6.8 Payment Options (Cont’d)

6.8.3 Option Three (Cont’d)

- Additions to the Customer Specific Arrangement, after theinitial service installation has been completed, will beconsidered a new arrangement subject to Paragraph 6.8, ineffect at the time of the addition, unless otherwisespecified in the initial customer's lease.

- Moves of Customer Specific Arrangements provided under thispayment option will be performed only when technicallyfeasible in the opinion of the Company and based on thecost incurred.

6.9 Distance Learning

Components of customer-specific contracts used predominantly fordistance learning or information sharing program purposes will berated as specified in Substantive Rule 326.141(f).

6.10 Educational Percentage Discount Rates (E-Rates)

The percentage discount rates available pursuant to 47 Code ofFederal Regulations Part 54, subpart F to eligible schools,libraries, and consortia as defined by 47 Code of FederalRegulations Part 54, subpart F shall apply to the tariffed ratescontained herein. Schools, libraries, and consortia eligible for E-Rates pursuant to 47 Code of Federal Regulations Part 54, subpart Fshall comply with the provisions of 47 Code of Federal Regulationspart 54, subpart F in order to receive the intrastate E-Rates.

6.11 High Capacity Network Services

6.11.1 High Capacity Network services have a bit-rate transmissionthat exceeds 1.544 megabits per second (mbps). These serviceswill be provided only when in the judgment of the Company, itis practicable and will not be detrimental to any otherservices.

6.11.2 The Company will provide a bid for High Capacity Networkservices to any intraLATA customer requesting the Company todo so.

6.11.3 The rates for customized services will be established basedon market criteria relative to the specific case, but no ratethat the Company proposes will be below the cost of providingthat service.




6.11 High Capacity Network Services (Cont’d)

6.11.4 Special Construction

(A) Rates and charges for special construction on CustomerSpecific Arrangements will be based on estimated costincurred by Company and may include: (1) one-timeservice charges, (2) Maximum Termination Liabilities,(3) or combination thereof. Special construction ratesand charges are in addition to rates and chargesdeveloped for the Customer Specific Arrangement.

(B) Special construction for Customer Specific Arrangementsis that construction undertaken:- Where facilities are not presently available and there

is no other requirement for the facilities soconstructed.

- In advance of the normal construction on an expeditedbasis.

- On a temporary basis until permanent facilities areavailable.

(C) No charge applies where special construction has beenstarted prior to cancellation and it is determined bythe Company there is another requirement for thefacilities.

(D) No charge applies where the applicant cancels anapplication for service prior to the start of specialconstruction of facilities.

(E) Where special construction on the Customer SpecificArrangement has been started prior to customercancellation, and there is no other requirement for thespecially constructed facilities, a charge equal to thecosts incurred in the special construction, less netsalvage, applies; except that where one or more, but notall, of the services involved in the specialconstruction are canceled, a charge equal to the cost,less net salvage, incurred for the discontinued servicesapplies instead. Net salvage is determined based on thevalue of reusable material, less cost of removal. Indetermining the charge, each canceled service is treatedas discontinued as of the date on which it was to havebeen placed in service.

(F) Special construction of facilities for a customer isconsidered to have started when the Company incurs anyexpense which would not otherwise have been incurred;provided: (1) the customer has advised the Company toproceed with the installation, or (2) the Company hasadvised the customer that in accordance with his order,it is commencing the installation.




6.12 Customized Services

6.12.1 A customized service is a package of services which is uniquebecause of its size or configuration. Customized services maynot include basic local exchange services, local measuredservices, message toll service, wide area telecommunicationsservice, or switched access service.

6.12.2 A customized service may be provided by the Company, at therequest of a customer, on an individual case basis if suchservice meets the following criteria:- The requested service or arrangements are not offered under

other Company tariffs.- The facilities utilized to provide the requested service or

arrangements are of a type normally used by the Company infurnishing its other services.

- The requested service or arrangements are provided within aLATA.

- The requested service or arrangements are compatible withother Company services, facilities, and its engineering andmaintenance practices.

- This offering is subject to the availability of thenecessary Company personnel and capital resources.

6.12.3 Special Construction

(A) Special construction for customized services is thatconstruction undertaken when: (1) suitable facilitiesare not available to meet a request for service; (2) theCompany constructs facilities; and (3) one or more ofthe following conditions exists:- The Company has no other requirement for the

facilities constructed and the nonrecoverableinvestment associated with the construction exceeds$25,000.

- The customer requests customized service be furnishedusing a type of facility, or via a route, other thanthat which the Company would normally use infurnishing the requested service.

- The customer requests more facilities than wouldnormally be required to satisfy a request forservice.

- The customer requests construction be expedited,resulting in added cost to the Company.

(B) When the Company provides special construction offacilities in accordance with a request for customizedservice, the provisions of Section 14 of the AccessService Tariff (Special Construction) shall apply.Special construction liabilities and charges apply inaddition to rates for customized service.



7. PRIVATE NETWORK SERVICES

7.1 Descriptive Summary

7.1.1 Digital Broadband Private Network Services cover arrangementsthat are provided only to qualified customers located in anexchange area served by the Company. Arrangements terminatingat a non-Company location will be provided pursuant to theregulations, rates and charges of the Local Exchange Company(LEC) for the portion of the arrangement in the LEC'sterritory terminating at the non-Company location.

7.1.2 These services are offered only for the exclusive use andpurchase by educational institutions; libraries; nonprofittelemedicine centers of academic health centers, public ornot-for-profit hospitals, or state-licensed health carepractitioners; public or not-for-profit hospitals; projectsfunded by the Telecommunications Infrastructure Fund; or anylegally constituted consortium or group of entities listed inthis paragraph.

7.1.3 Notwithstanding the restricted availability of these servicesto certain qualified customers as described in 7.1.2, nothingshall preclude the provisioning of such services at the ratesprescribed herein when ordered on behalf of a qualifiedcustomer by an authorized agent. Billing will be rendered tothe qualified customer, who will continue to be responsiblefor payment of all billed amounts.


7.2.1 Digital Broadband Private Network Services provided pursuantto this tariff may be interconnected with other similarnetworks for distance learning, telemedicine, and informationsharing purposes.

7.2.2 Digital Broadband Private Network Services provided pursuantto this tariff may not be shared or resold to other customersexcept that such services may be used and shared among theentities described para. 7.1.2 of this tariff.

7.2.3 Special Construction charges do not apply to DigitalBroadband Private Network Services.

7.2.4 An educational institution or a library may elect the ratetreatment provided in this tariff or the discount providedpursuant to other Company tariffs as described in Section57.022 of the Public Utility Regulatory Act.

7.2.5 The rules and regulations found in this tariff are inaddition to other rules and regulations as stated in this andother sections of this tariff.



7. PRIVATE NETWORK SERVICES (Cont’d)

7.2 Provision of Service (Cont’d)

7.2.6 Rates for the services provided under this tariff will not beincreased for six years from September 1, 1995 except asotherwise provided in customer specific contracts.

7.2.8 Services offered under this tariff are subject to a twelvemonth minimum term; termination provisions will apply asfollows:Broadband Educational Video Service: the Digital Link ServiceTariff, Section 4, para. 4.5.5. NLIS/CES, other customizedservices: Customer Specific Pricing section 6 of this Tariff,para. 6.8.2 and the applicable contract provisions.

7.2.9 Services offered under this tariff may be interconnected onlywith jurisdictionally intrastate services, except asotherwise provided in Company state and interstate tariffs.For purposes of this tariff, interconnection of theseservices to the State of Texas' TEX-AN network is authorized,as well as to the jurisdictionally interstate services of thequalified customers.

7.2.10 Customers obtaining services under this tariff who are notqualified customers are subject to having such servicesdisconnected or to being charged standard tariff rates.

7.2.11 Services offered under this tariff will be provisioned to thepremises of qualified customers (as defined in para. 7.1.2)only. Examples of authorized serving arrangements include:(A) Between the premises of qualified customers in a Company

serving area.(B) From the premises of qualified customers in a Company

serving area to the premises of qualified customers inthe serving area of certificated connecting carriers.

(C) From the premises of qualified customers in a Companyserving area to Company central offices for multiplexingpurposes.

(D) From the premises of qualified customers in the servingarea of certificated connecting carriers to Companycentral offices for multiplexing purposes.

(E) From the premises of a qualified customer to thepremises of another customer, when ordered by theauthorized customer (e.g., special access service from ahospital to an IXC POP).

(F) Between Company central offices when associated with anotherwise authorized serving arrangement.





7.2.12 Serving arrangements that do not terminate at thepremises of an authorized customer are not authorized.Examples of serving arrangements that are notauthorized include:

(A) Between the premises of other customers, even ifordered by a qualified customer (e.g., specialaccess service from a business to an IXC POP).

7.3 Definitions

For the purpose of this tariff, the following definitions shallapply:

BitThe smallest unit of information in the binary system of notation.

BuildingDenotes a structure under one roof or two or more structures on onepremises which are connected by an enclosed or covered passagewaywhich is interpreted to mean "same building". In no case can conduitbe considered as an enclosed passageway nor buildings connected by acovered public mall be the "same building".

Central OfficeA local switching system where telephone exchange service customerstation loops are terminated for purposes of interconnection to eachother and to trunks.

ChannelA communications path between two or more points of termination.

ChannelizeThe process of multiplexing-demultiplexing wider bandwidth or higherspeed channels into narrower bandwidth or lower speed channels.

Clear Channel CapabilityA feature that provides customers with an increase in usablebandwidth by providing unconstrained data streams across thenetwork.

ClusterA group of at least two and no more than twelve schools that arelocated within the same geographic area, share an educationalcommunity of interest, a desire to share classroom resources andhave agreed through a mutual agreement, pact, or consortiumarrangement to join together for purposes of purchasing BroadbandEducational Videoconferencing Service via this tariff.





Control SiteAt least one school site within a cluster of schools that isdesignated by the school district, college, university and/or otherorganized group of schools for the purpose of establishing videoconferences within a cluster of schools utilizing BroadbandEducational Videoconferencing Service.

Control SystemA control system permits a control site within a cluster access tocontrol and arrange connections to their Broadband EducationalVideoconferencing Service.

Distance LearningInstruction, learning, and training that is transmitted from onesite to one or more sites by telecommunications services that areused predominantly for such instruction, learning, or training,including video, data, voice, and electronic information.

Educational InstitutionAn educational institution means and includes accredited primary orsecondary schools owned or operated by state and local governmententities or private entities; institutions of higher education asdefined by Section 61.003, Education Code; private institutions ofhigher education accredited by a recognized accrediting agency asdefined by Section 61.003(13), Education Code; the Central EducationAgency, its successors and assigns; regional education servicecenters established and operated pursuant to Sections 11.32 and11.33, Education Code; and the Texas Higher Education CoordinatingBoard, its successors and assigns.

ExchangeA unit generally smaller than a local access and transport area(LATA), established by the Company for the administration ofcommunications service in a specified area which usually embraces acity, town or village and its environs. It consists of one or morecentral offices together with the associated facilities used infurnishing communications service within that area. One or moredesignated exchanges comprise a given LATA.

HubDenotes a designated serving wire center at which bridging,multiplexing, Network Reconfiguration Service or Transport ResourceManagement Service functions are performed.

Individual Case Basis (ICB)Denotes a condition in which the regulations, if applicable, ratesand charges for an offering under the provisions of this tariff aredeveloped based on the circumstances in each case.





Interexchange Carrier (IC)Any individual, partnership, association, joint-stock company,trust, governmental entity or corporation engaged for hire ininterstate or foreign communication by wire or radio, between two ormore exchanges.

IntraLATA ServiceDigital broadband private network services where service points areall within the same LATA.

IsochronousTransmission timing derived from the signal carrying the data (i.e.,no timing or clock lead is provided at the customer interface).

LANLocal Area Network

LibraryA public library or regional library system as those terms aredefined by Section 441.122, Government Code, or a library operatedby an institution of higher education or a school district.

Local Access and Transport Area (LATA)A geographic area established for the administration oftelecommunications service. It encompasses designated localoperating exchanges which are grouped to serve common social,economic and miscellaneous purposes.

MegacellOne million Asynchronous Transfer Mode cells

MultiplexingAn arrangement that converts a higher bit rate signal to lower bitrate, or bandwidth, or from digital to voice grade channels.

Network Channel Terminating Equipment (NCTE)Equipment located on customer premises for the purpose of providingcertain transmission enhancements and network maintenancecapabilities. For instance, NCTE corrects electrical distortion andstatic, tests for problems in transmission lines, performs signalamplification, and protects against hazardous power surges.

Network InterfaceThat point of connection at the customer Ds premises where premisesservices are connected to the telecommunications network. Thenetwork interface is a standard registration jack or its equivalent.





Network Reconfiguration Service (NRS)A central office-based service which permits customers to remotelyreconfigure their dedicated networks without going through normalservice order procedures.

Network Reconfiguration Service hub (NRS hub)Designated wire center where NRS is provided. An NRS hub may becollocated with a designated digital hub, but not all digital hubsare designated as NRS hubs. NRS hub locations are specified in theNational Exchange Carrier Association Inc. Wire Center InformationTariff (NECA Tariff).

On-Site LocationThe location where the teacher is physically located, instructionalmaterial is originated, and control of the conference originates.

PremisesAll portions of the same building occupied by the same customer,provided that:- All portions are not separated from each other by intervening

offices, rooms or suites not occupied by the customer.- The portions on different floors are contiguous and that the

portion on the upper floor is directly above the portion occupiedon the lower floor.

- All of the buildings occupied by the same customer, provided that:- All of the buildings are located on the same continuous property,

which is owned and/or leased by the same customer, and are notseparated by a public highway.

School SiteA building or buildings used predominately by one school district,college or university in its educational efforts.

Second ClassroomA classroom located on the same campus as the primary classroom.

Serving Wire CenterThe end office from which the customer designated premises wouldnormally obtain dial tone for local exchange purposes.

Telecommunications NetworkAll facilities that the Company uses to provide its services.





Telemedicine CenterMeans a facility equipped to transmit by video, data, or voiceservice medical information for the purpose of diagnosis ortreatment of illness or disease, owned or operated by a public ornot-for-profit hospital including an academic health center or suchfacility owned by any state-licensed health care practitioner orgroup of practitioners and operated on a nonprofit basis.

Uniform Service Order Code (USOC)A three or five character alphabetic, numeric, or an alphanumericcode that identifies a specific item of service or equipment. USOCsare used in the billing system to generate recurring andnonrecurring charges.

7.4 Broadband Educational Videoconferencing Service 1

7.4.1 Broadband Educational Videoconferencing Service (BEVS)provides the subscriber full motion quality (Quality 1) videoand audio arrangements, in accordance with NTSC digitalstandards, for point-to-point, multipoint (three or fourclassrooms) and broadcast conferences (one site able tocommunicate on a one-way basis with all other sites), aninterconnectivity to private networks, and interexchangecarriers at business conference quality comparable to 1.544Mbps (Quality 2). Point-to-point and multipoint conferencesare fully interactive continuous presence, i.e., all sitescontinuously see and hear all other sites.

7.4.2 A cluster of schools shall be determined by the appropriateschool administration(s) or district(s), or their agent, inconsultation with the Company. More than one school sitewithin a cluster of schools may be designated as the controlsite for the purpose of establishing video conferences withinthe cluster, however, only one school site can function as acontrol site at any given time. The control site isdesignated by the school district or cluster of schools andmust be a subscriber to BEVS within the cluster. At thecontrol site, the customer must provide a personal computerequipped with an Ethernet interface (IEEE 802.3, 10baseT) andX-Windows type software to directly access the schedulingsystem for the cluster. In addition, each site in the clustermay have a personal computer connected to the network, ifdesired, for scheduling purposes only.

1 Effective April 1, 2004, Broadband Educational Videoconferencing Serviceoffered in this Tariff ("Obsolete Service") is no longer available toCustomers who on that date are not subscribers of the Obsolete Service.Customers who on April 1, 2004, are subscribers of the Obsolete Servicemay transfer or assign such Obsolete Services, as outlined in Section 2.8.All such changes will be made pursuant to the terms and conditions of thisTariff.




7.4 Broadband Educational Videoconferencing Service (Cont’d)

7.4.3 BEVS provides the required transport, network channelterminating equipment and associated software for 7.4.1 and7.4.2 preceding.

7.4.4 For educational and library applications, the subscriber toBEVS is responsible for the video hardware and software atall school sites in the cluster, including but not limitedto, cameras, monitors, control systems, and physicalclassroom preparation.

7.4.5 For Telemedicine applications, the subscriber to BEVS isresponsible for the video hardware and software at all sites,including but not limited to, cameras, monitors, controlsystems, and physical room preparation. In addition, thesubscriber is required to purchase a compatible ATMmultiplexer for use at their site.

7.4.6 The subscriber to BEVS is responsible for the provisioning ofsufficient space to house the customer premises electronics,including, but not limited to, accessibility for Companypersonnel for maintenance and repair, proper temperaturecontrol and easily accessible power sources. The minimumrequirement for temperature control shall be as specified bythe equipment vendor and is generally in the range of 32degrees F to 104 degrees, 5 to 95% noncondensing relativehumidity, both as measured inside the equipment cabinet. Theminimum requirement for power sources shall be as specifiedby the equipment vendor and are generally two 110 VACgrounded outlets within the cabinet on separate 20 ampprotected circuits with a separate number 6 ground. Theminimum requirement for space includes, but is not limitedto, sufficient space to house the electronics cabinet (thecabinet is approximately 28" L x 28" W x 74" H and isnormally anchored to the floor) as well as providing accessto the interior via sufficient door swing, both front andback doors. The cabinet is generally located within 100 feetof the customer provided video equipment.





7.4.7 BEVS is offered in two configurations, Quad Split Mode andMultiMonitor Mode.

(A) Quad Split Mode

Quad Split Mode provides for a single video and audiosignal on multipoint conferences that is divided into fourequal quadrants on a monitor(s). Three of the quadrantsdisplay a remote classroom. The fourth quadrant isdedicated to a display of the video signal from the on-site classroom. The person in charge of the conference hasthe ability to control the video signal sent to the remoteclass sites. Quad Split Mode allows for only onemultipoint conference at any one time. Point-to-pointconferences may be held concurrent with a multipointconference and are full screen at each location. A QuadSplit Mode cluster arrangement is limited to a maximum ofnine participants.

(B) MultiMonitor Mode

MultiMonitor Mode provides for video and audio signals tobe broadcast over the BEVS network from each classroom ona multipoint conference to all other multipoint classroomson the same conference. A video and audio signal isreceived at each participating classroom from up to threeother participating classrooms. These signals can bedisplayed on individual monitors or input to a customer-provided quad-split amplifier for display as indicated in(A) preceding. Multiple multipoint conferences may takeplace concurrently, with multiple point-to-pointconferences or any combination of the two on an intra-cluster basis. In addition, only one multipoint conferencecan take place at any one time on an inter-cluster basis.MultiMonitor Mode clusters are limited to a maximum oftwelve participants.





7.4.8 Connectivity of BEVS

(A) Intra-Cluster Connectivity

BEVS provides the capability of connectivity betweenschools in a cluster as an inherent feature of theservice. Intra-cluster connectivity is established by thedesignated control site during establishment of a videoconference. When intra-cluster connectivity is selected,the customer has the choice of two service configurationsas described in 7.4.7 preceding.

(B) Inter-Cluster Connectivity

Conferences may be established between clusters withinthe same LATA. The subscriber may establish conferencesbetween clusters by contacting the BEVS Control Centerand provide the appropriate information to establish theconnection or utilize a control site to establish theconference via the control system, where technicallyfeasible. Only one multipoint conference per cluster cantake place at any one time on an inter-cluster basis.

(C) Connectivity to Independent Local Exchange Company Areas

For each conference involving an inter-cluster connectionto a school site in independent local exchange company(ILEC) areas will be provided via Specialized ServiceArrangements. Conferences may then be established betweena BEVS cluster and a customer site located in an ILECarea. For each conference, a representative of thecluster establishing the conference must contact the BEVSControl Center and provide the appropriate information toestablish the connection.

(D) Connectivity to Private Networks or IXCs 1

Connectivity between a BEVS cluster(s) and a privatenetwork or an IXC may be provided at 1.544 Mbps. Requestsfor connectivity in excess of 1.544 Mbps may be providedvia an ICB arrangement. The subscriber may establishconferences by contacting the BEVS Control Center andprovide the appropriate information to establish theconnection, or use a control site to establish theconference via the control system, where technicallyfeasible.

1 Available only where sufficient demand exists and where facilities andequipment are available.





7.4.9 Ethernet

BEVS includes, as an inherent feature, Wide Area Network(WAN) connectivity within the BEVS LATA service area. Thisoptional service is provided via a dedicated native Ethernetbit rate (10 Mbps, maximum capacity) and interface connectionon the customer's premises. As potentially a part of a largerEthernet Local Area Network (LAN) on the customer's premises,the BEVS Ethernet option monitors all transmitted frames onthe customer's LAN and recognizes when an Ethernet frame isdestined for a address that is not local to the customer'sLAN.

Remote LAN traffic routes through the Company BEVS network tothe appropriate remote Ethernet interface and is in turndelivered to the remote LAN for subsequent delivery to theappropriate address. The physical interface consists of anAttachment Unit Interface (AUI) protocol with a DB-15connector located on the BEVS interface panel provided by theCompany at the customer's They will use for their localEthernet LAN and connection to the interface.

7.4.10 Connectivity of BEVS

(A) Services used in conjunction with BEVS will be chargedfor their current tariffed rate.

(B) A connect charge and a rate per minute of use appliesper school site for certain connections to BEVSconferences.

7.4.11 BEVS is offered to qualified customers, as found in para.7.1.2 of this tariff.





7.4.12 Rates and Charges

1 Year 3 Years 5 years USOCIntra-clusterchannel termination,per siteEducational institutions& libraries 1,2

- Monthly Charge $2,323.00 $2,357.00 $2,399.00 ETNQD- Nonrecurring Charge 405.00 416.00 426.00 ETNMD

Telemedicine 1,2

- Monthly Charge 1,361.00 1,383.00 1,405.00 ETNPD- Nonrecurring Charge 405.00 416.00 426.00 ETNSD

Connect Rate PerCharge Minute of Use

Inter-cluster connectivity,per site- Quality $5.00 $0.32

Connectivity to an independenttelephone company ICB ICB

Connectivity to a private network- Quality 1 ICB ICB- Quality 2 $5.00 $0.32

Connectivity to an IXC- Quality 1 ICB ICB- Quality 2 $5.00 $0.32

Rate per Nonrecurring ChargeConnect Megacell Initial Subsequent

Ethernet Charge of Use 3 Order Order- Inter-cluster First $40.00 $25.00

connectivity None $0.17 Add’l 3.00 3.00

1 First USOC is for quad-split option; second USOC is for multi-monitoroption.

2 Nonrecurring charges do not apply to the initial installation, but do applyto subsequent moves of a channel termination within a facility sector.Moves that require the change of facility sector will be done on an ICBbasis.

3 Applies to both originating and terminating traffic.




7.5 Native LAN Interconnection and Channel Extension Services (NLIS/CES) 1

7.5.1 General

NLIS/CES are high speed, fiber-based, intraLATA private lineservices designed to offer transparent interconnection ofcustomer Local Area Networks (LANs) and mainframe hostcomputer channels within a metropolitan area.

NLIS/CES provide dedicated bandwidth across Company singlemode, fiber optic facilities to support native LAN and IBMESCONTM channel bit rates of 4, 10, 16, 100 and 200 mbps. Thetransport facilities will terminate in Network TerminatingEquipment (NTE) at the customer's premises. The NTE willprovide the appropriate standard interface to the customerdepending upon the service requested. Configurations will beeither point-to-point or multipoint depending upon theservice requested.

NLIS are specifically designed to support point-to-point ormultipoint interconnection of customer LANs at the nativespeed of the LAN backbone and include the following:- Ethernet-to-Ethernet LAN connection at 10 mbps- Token Ring-to-Token Ring LAN connection at 4 or 16 mbps- FDDI-to-FDDI (Fiber Distributed Data Interface)

connections at 100 mbps

CES provides dedicated, point-to-point fiber optic privateline services at 200 mbps designed to support mainframe-to-mainframe or mainframe to peripheral interconnection in apoint-to-point configuration. It enables customers with IBMESCONTM, or compatible, mainframe environments to consolidatedata center operations, connect multiple hosts, or plan forefficient archiving or data vaulting disaster recoveryprocedures.

7.5.2 Native LAN Interconnection and Channel Extension Servicesare offered to qualified customers, as found in para. 7.1.2of this tariff, only via ICB arrangements.

1 Effective August 20, 2004, Native LAN Interconnection and Channel ExtensionServices (NLIS/CES) offered in this Tariff ("Obsolete Service") are nolonger available to Customers who on that date are not subscribers of theObsolete Service. Customers who on August 20, 2004, are subscribers of theObsolete Service may transfer or assign such Obsolete Services, as outlinedin Section 2.8. All such changes will be made pursuant to the terms andconditions of this Tariff.




7.5 Native LAN Interconnection and Channel Extension Services (NLIS/CES) 1

7.5.3 Recurring and nonrecurring USOCs for NLIS are as follows:

Service USOCEthernet-to-Ethernet 1ZZH2Token Ring-to-Token Ring 1ZZH3FDDI-to-FDDI 1ZZH4

ESCONTM is a registered trademark of International BusinessMachines Corp.

7.6 Other Private Network Services

7.6.1 The description and pricing for customized or packaged networkservices (other private network services) will be providedpursuant to contract and will be developed on an individualcase basis (ICB) according to the exclusive and unique needsof the customer.

7.6.2 "Other private network services" comprise broadband digitalservices of speeds up to 45 Mbps (or better) suitable forvoice, data, or video use that are not otherwise availableunder this tariff. Other private network services areavailable only to qualifying customers as described in para.7.1.2 of this tariff, and for interconnection among suchcustomers within a local serving area.

7.6.2 The rates for other private network services will beestablished at 105% of the long run incremental costs ofproviding the services, including installation. Rates will besubject to change upon expiration of the contract term.Contract terms are limited to 12, 36 and 60-month options;termination provisions will apply.

7.6.4 A contract for other private network services shall be filedwith the Public Utility Commission of Texas (PUC) withinthirty days of the date it is signed by both the Company andthe customer.

7.6.5 Special construction charges do not apply to other privatenetwork services. For other customer specific rates, terms,and conditions, refer to the customer specific contracts onfile with the PUC.

7.6.6 Other private network services may not be shared or resold toother customers except that such services may be shared amongqualified customers as described in para. 7.1.2 of thistariff.



8. ADDITIONAL ENGINEERING, ADDITIONAL LABOR AND MAINTENANCE OF SERVICE

8.1 Additional Engineering

Additional Engineering will be provided by the Company at therequest of the customer only when: additional engineering time isincurred by the Company to engineer a customer's request forcustomized services.

The Company will notify the customer that Additional EngineeringCharges will apply before any additional engineering is undertaken.

Additional Engineering Charges apply on a first and additional basisfor each half hour or fraction thereof. If more than one engineer isinvolved in the same additional engineering project, the totalamount of time for all engineers involved will be aggregated priorto the distribution of time between the "First Half Hour of FractionThereof" and "Each Additional Half Hour or Fraction Thereof" ratecategories.

8.2 Additional Labor

Additional Labor is that labor requested by the customer on a givenservice and agreed to by the Company as set forth in 8.2.1 through8.2.4 following.

The Company will notify the customer that Additional Labor Chargesas set forth in 8.4 (Rates and Charges) will apply before anyadditional labor is undertaken. Additional Labor Charges apply on afirst and additional basis for each half-hour or fraction thereof.If more than one technician is involved in the same Additional LaborProject, the total amount of time for all technicians involved willbe aggregated prior to the distribution of time between the "FirstHalf Hour or Fraction Thereof" and "Each Additional Half Hour orFraction Thereof" rate categories.

A call-out of a Company employee for Additional Labor at a time notconsecutive with the Company’s Business Day is subject to a minimumcharge of four hours, i.e., when Overtime and/or Premium Timecharges apply. For Testing and Maintenance Services, if the customerelects not to release a circuit during the Company’s Business Day,the Company will work with the customer to reach a mutually agreedupon time.

8.2.1 Overtime Installation

Overtime installation is that Company installation effortoutside of normally scheduled working hours.

8.2.2 Stand By

Stand by includes all time in excess of one-half (1/2) hourduring which Company personnel stand by to make installationacceptance tests or cooperative tests with a customer toverify facility repair on a given service.



8. ADDITIONAL ENGINEERING, ADDITIONAL LABOR AND MAINTENANCE OF SERVICE (Cont’d)

8.2 Additional Labor (Cont’d)

8.2.3 Testing and Maintenance with Other Telephone Companies

Additional testing, maintenance or repair of facilities whichconnect to facilities of other telephone companies, is thatwhich is in addition to the normal effort required to test,maintain or repair facilities provided solely by the Company.

8.2.4 Other Labor

Other Labor is that additional labor not included in 8.2.1through 8.2.3 preceding, including, but not limited to laborincurred to extend the Point of Termination as set forth in2.1.4 (Provision of Services) preceding, and labor incurred toaccommodate a specific customer request that involves onlylabor which is not covered by any other section of thistariff.

8.3 Maintenance of Service

(A) If trouble occurs with a customer's service, the customer shouldfirst determine whether the trouble is in the customer's ownequipment and/or facilities. If the customer determines thetrouble is in Company equipment and/or facilities, the customershould issue a trouble report to the Company.

(B) When a customer issues a trouble report to the Company forclearance and no trouble is found in Company equipment and/orfacilities, the customer shall be responsible for payment of aMaintenance of Service Charge for the period of time whenCompany personnel are dispatched. No charge will apply ifCompany personnel fail to find trouble in Company equipmentand/or facilities and the trouble is actually in the equipmentand/or facilities, but not discovered on the initial dispatch.

(C) The customer shall be responsible for payment of a Maintenanceof Service Charge when the Company dispatches personnel, and thetrouble is in equipment or communications systems provided byother than the Company or in detariffed CPE provided by theCompany, unless covered under a separate maintenance agreement.




8.3 Maintenance of Service (Cont’d)

(D) If the customer issues a trouble report allowing the Companyaccess to the customer's or the customer's end user(s) premisesand Company personnel are dispatched but denied access to thepremises, then the Maintenance of Service Charge will apply forthe period of time that Company personnel are dispatched.Subsequently, if Company personnel are allowed access to thepremises, provision in (B) and (C) preceding will apply.

(E) In (B), (C) or (D) preceding, the Maintenance of Service Chargeshall include all technicians dispatched, including techniciansdispatched to other locations for purposes of testing.

(F) Maintenance of Service Charges apply on a first and additionalbasis for each half hour or fraction thereof. If more than onetechnician is dispatched in conjunction with the same troublereport, the total time for all technicians dispatched will beaggregated prior to the distribution of time between the "FirstHalf Hour or Fraction Thereof” and " Each Additional Half Houror Fraction Thereof” rate categories.

A call-out of a Company employee at a time not consecutive withthe Company’s Business Day is subject to Overtime and/or PremiumTime.

(G) No credit allowance will be applicable for the interruptioninvolved if the Maintenance of Service charge applies.





8.4.1 Additional Engineering

First Half Each AdditionalHour or Half Hour or

Fraction FractionUSOC Thereof Thereof

AdditionalEngineeringPeriod- Basic Time AEH $75.28 $22.00- Overtime AEH 78.61 25.33

8.4.2 Additional Labor

Installation- Overtime ALH 250.00 100.00- Premium Time ALH 300.00 250.00

Stand By- Basic Time ALT 0.00 115.00- Overtime ALT 0.00 140.00- Premium Time ALT 0.00 170.00

Testing and Maintenancewith Other TelephoneCompanies or Other Labor- Basic Time ALK 85.00 55.00- Overtime ALK 100.00 80.00- Premium Time ALK 110.00 90.00

8.4.3 Maintenance of Service

Maintenance of ServicePeriods- Basic Time MV 82.00 50.35- Overtime MV 96.00 64.25- Premium Time MV 109.90 78.15



9. TELECOMMUNICATIONS SERVICE PRIORITY SYSTEM1

9.1 General

The National Security Emergency Preparedness (NSEP)Telecommunications Service Priority (TSP) System is a servicedeveloped to meet the requirements of the Federal Government for thepriority installation and/or restoration of NSEP telecommunicationsservices. NSEP tele-communications services are defined as thoseservices used to maintain a state of readiness or to respond to andmanage any event or crisis, i.e., local, national or international,which causes or could cause injury or harm to the population, damageto or loss of property, or degrades or threatens the NationalSecurity Emergency Preparedness posture of the United States. A TSPdesignation requires and authorizes priority action by the Companyproviding such services.

9.2 Regulations

The regulations and rates specified herein are in addition to theapplicable regulations found in other sections of this Tariff.

9.3 Definitions

National Security Emergency Preparedness (NSEP) TelecommunicationsServiceThose services used to maintain a state of readiness or to respondto and manage any event or crisis, i.e., local, national orinternational, which causes or could cause injury or harm to thepopulation, damage to or loss of property, or degrades or threatensthe National Security Emergency Preparedness posture of the UnitedStates.

Prime Service VendorThe service vendor from whom the customer or his authorized agentorders NSEP Telecommunications Service.

Subcontracting Service VendorThe service vendor who, under contract or tariff concurrence, agreesto provide a portion of an NSEP Telecommunications Service.

Telecommunications Service Priority (TSP) Authorization CodeA special 12 digit code assigned by the TSP Program Office, whichauthorized priority provisioning and/or restoration designations forNSEP Telecommunications services.

1 Effective July 1, 2004, Telecommunications Service Priority System (TSPS)offered in this Tariff ("Obsolete Service") is no longer available toCustomers who on that date are not subscribers of the Obsolete Service.



9. TELECOMMUNICATIONS SERVICE PRIORITY SYSTEM1

9.4 Availability of Service

TSP System service is available to all qualified Federal GovernmentAgency customers. Non-Federal Government customers requesting TSPSystem service must be sponsored by a qualified Federal GovernmentAgency. The request for a TSP Authorization Code must be processedthrough the sponsoring Agency. TSP System service is applicable toany service for which the associated tariff authorizes TSP Systemservice. These services include Frame Relay and ATM Cell Relay.


9.5.1 Priority installation and/or restoration of NSEPtelecommunications services shall be provided in accordancewith Part 64.401, Appendix A., of the Federal CommunicationsCommission's (FCC's) Rules and Regulations.

9.5.2 In addition, TSP System service shall be provided inaccordance with the guidelines set forth in"Telecommunications Service Priority (TSP) System forNational Security Emergency Preparedness (NSEP) ServiceVendor Handbook" (National Communications System (NCS)Handbook 3-2-1) and in "Telecommunications Service Priority(TSP) System for National Security Emergency Preparedness(NSEP) Service User Manual" NCS Manual 3-1-1. Thesepublications may be obtained from the Government PrintingOffice, Superintendent of Documents, 941 N. Capitol, N.E.Washington, D.C. 20401.

9.5.3 TSP System Service will be provided to any customer uponreceipt of written confirmation that the proper PrioritySystem Authorization Number (PSAN), as provided by theFederal Government, has been duly authorized and thatauthorization has subsequently been confirmed by the Company.

9.5.4 The customer, in obtaining TSP system service, acknowledgesand consents to the provision of certain customer servicerecord information by the Company to the NCS in order for theNCS to maintain and administer its overall TSP System. Thiscustomer service record information will include TSPAuthorization Code and Company Circuit Service Identificationinformation.



9. TELECOMMUNICATIONS SERVICE PRIORITY SYSTEM (Cont’d)


9.5.5 Under certain conditions it may be necessary to preempt oneor more customer services with a lower or no restorationpriority in order to install or restore NSEPtelecommunications service(s) of a higher priority. If suchpreemption is necessary and if circumstances permit, theCompany will make reasonable effort to notify one preemptedservice customer of the action being taken. Credit allowancefor such service preemption shall be in accordance with theprovisions for service interruption as set forth in thetariff applicable to the service with which it is associated(e.g. Frame Relay service, etc.).

9.6 Application of Rates

9.6.1 Certain activities associated with the TSP System performed bythe Company in compliance with Part 64.401, Appendix A of theFCC's Rules and Regulations are included in the following rateelements:(A) Priority Installation (Provisioning)

The act of supplying telecommunications service to acustomer, including all associated transmission, wiring,and equipment if legally provided by the Company, in aperiod of time shorter than standard order intervals wouldallow. One charge applies per circuit/line/trunk perrequest.

(B) Priority Restoration Level Implementation (Assignment)The act of designating the priority level for therestoration of a particular NSEP telecommunicationservice. One charge applies for the initial serviceinstallation. One charge applies for each subsequentrequest to add circuit/line/trunk locations to an existingservice.

(B) Priority Restoration Level Change (Revision)The act of changing the priority level assignment for anNSEP telecommunication service. This includes anyextension of an existing priority level assignment to anexpanded NSEP service. One nonrecurring charge applies percircuit/line/trunk per request.

(D) Priority Restoration Administration and MaintenanceThe act of administering and maintaining the TSP system insuch a manner that it corresponds to the NationalCommunications System database. The monthly charge appliesper circuit/line/trunk location.

9.6.2 Credit allowance for service interruption for PriorityRestoration Maintenance and Administration shall be the sameas for the service with which it is associated.




9.6 Application of Rates (Cont’d)

9.6.3 When TSP is revoked, or discontinued, and the associatedservice (e.g., Frame Relay Service, etc.) is continued inservice, no charge applies for such a discontinuance.

9.6.4 When performing Priority Installation (Provisioning), orRestoration of a Digital Link Service in compliance with Part64.401, Appendix A, of the FCC's Rules and Regulations, theCompany, due to circumstances beyond its control, may not bein a position to notify the customer in advance that certainadditional labor charges may apply as set forth in the tariffapplicable to the associated service.

9.6.5 In subscribing to TSP System service, the customer recognizesthis condition and grants the Company the right to quotecharges after the installation or restoration has beencompleted.





The following rates and charges are in addition to all other ratesand charges that may be applicable to the associated serviceprovided. None of the following rates or charges will apply for anyindividual or entity who is granted a restoration priority level ofone (1), two (2) or three (3) 1.

Monthly ServiceRates Charge USOC

Priority Installation (PI)Per Request, per service 2

- Prime Service Vendor None $65.00 P1APX- Subcontractor None 65.00 P1APX

Priority Restoration (PR)Per Request, per service 2

a. PR Level Implementation- Prime Service Vendor None 65.00 PRSPX- Subcontractor None 65.00 PRSPX

B. PR Level change on a service 3

- Prime Service Vendor None 65.00 PR8PX- Subcontractor None 65.00 PR8SX

Administration and Maintenanceof TSP Service, per point oftermination on a Customer Premises- Prime Service Vendor $4.10 None PR9PX- Subcontractor 3.34 None PR9SX

1 It will be the responsibility of the individual or entity requesting TSPservice to obtain approval for the appropriate restoration priority levelfrom the TSP Program Office as administered by the Manager, NationalCommunications System (NCS) as a prerequisite for obtaining TSP servicefrom the Company.

2 When a service is ordered in both Priority Installation and PriorityRestoration, only the nonrecurring charge for Priority Restoration applies.

3 When a Priority Restoration Level Change is ordered with additionalactivity that would normally generate a PR Level Implementation Charge,only the Priority Restoration Charge applies.

President - Texas ADVANCED SERVICES TARIFFAT&T Texas Section: Appl. of TariffDallas, Texas Sheet: 1Issued: September 27, 2011 Revision: OriginalEffective: November 1, 2011 Replacing:

TABLE OF CONTENTS

Section 1 – Advanced Services

PremierSERV SM Asynchronous Transfer ModePremierSERV SM Frame Relay Services

Effective September 30, 2011, services contained within this Section ofthe tariff are grandfathered and no longer available for new subscribers.

Section 2 - Advanced Services (Vintage I)

Frame Relay Digital ServicePrivate Network ServicesTelecommunications Service Priority (TSP)

Effective August 20, 2004, services contained within this Section of thetariff are grandfathered and no longer available for new subscribers.

President - Texas TEXAS INTRASTATE TARIFFSAT&T Texas Section: Table of ContentsDallas, Texas Sheet: 5Issued: September 27, 2011 Revision: 2Effective: November 1, 2011 Replacing: 1

Subject Section

CUSTOMER SPECIFIC PRICING PLAN TARIFF

Application of Tariff............................................PLEXAR (sm) Custom Service.......................................Regulations......................................................Central Office Local Area Network................................Customer Specific Billing and Collection Contracts...............Customer Specific Customized Service Contracts...................

ADVANCED SERVICES TARIFF

Application of Tariff............................................Advanced Services................................................Advanced Services (Vintage 1)....................................

(sm) Service Mark of Southwestern Bell Corporation

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