Windstream NuVox Oklahoma, Inc.
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Title Page
Replacing 1st Revised Title Page
ACCESS SERVICES TARIFF
WINDSTREAM NUVOX OKLAHOMA, INC.
REGULATIONS, RULES, AND SCHEDULE OF INTRASTATE RATES AND CHARGES
FOR COMPETITIVE DEDICATED AND SWITCHED ACCESS SERVICES
WITHIN THE COMPANY’S SERVING AREAS IN THE
STATE OF OKLAHOMA
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 1
Replacing 1st Revised Page 1
ACCESS SERVICES TARIFF
TABLE OF CONTENTS
1.
Application of Tariff
Page
1-1
2.
General Regulations
2-1
2.1
Undertaking of the Company
2-1
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
2.1.6
2.1.7
2-1
2-2
2-5
2-8
2-10
2-12
2-12
2.2
Scope
Liability
Provision of Service
Operation and Maintenance
Refusal and Discontinuance of Service
Technical Reference
Provision and Ownership of Telephone Numbers
Use
2-13
2.2.1
2.2.2
2.3
2.4
2.5
Assignment and Transfer of Facilities
Unlawful and Abusive Use
2-13
2-14
Obligations of the Customer
2-15
2.3.1
2.3.2
2.3.3
2.3.4
2.3.5
2.3.6
2.3.7
2.3.8
2.3.9
2.3.10
2.3.11
2.3.12
2-15
2-16
2-17
2-17
2-18
2-19
2-20
2-21
2-22
2-26
2-28
2-29
Design of Customer Services
Connections
Equipment, Space, and Power
Balance
Coordination with Respect to Network Contingencies
Reference to the Company
Damages
Claims and Demands for Damage
Customer Provided Reports
Percent of Interstate Use (PIU)
Dedicated Service Jurisdictional Reports
Media Stimulated Mass Calling Events
Billing Regulations
2-30
2.4.1
2.4.2
2.4.3
2.4.4
2-28
2-32
2-33
2-35
Payment of Rates and Charges
Minimum Periods
Credit Allowance for Service Interruptions
Jointly Provided Access Service
Definitions
ISSUED: March 22, 2010
2-36
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
3rd Revised Page 2
Replacing 2nd Revised Page 2
ACCESS SERVICES TARIFF
TABLE OF CONTENTS
Page
3.
4.
Dedicated Services
3-1
3.1
Dedicated Transport
3-1
3.1.1
3.1.2
3.1.3
3.1.4
3.1.5
3-1
3-1
3-2
3-3
3-12
Switched Access Service
4-1
4.1
General
4-1
4.2
Rate Elements
4-1
4.2.2
4.2.3
4.2.4
4.2.5
4.2.6
4.2.7
4.2.8
4.2.9
4.2.10
4-2
4-3
4-4
4-5
4-6
4-6
4-7
4-7
4-7
4.3
5.
General
Customer Provided Equipment
Transport Channel Types
Rate Regulations
Rate and Charges
End Office Local Switching
Entrance Facility
Direct-Trunked Transport
Tandem-Switched Transport
Information Surcharge
Common Line
Data Base 800 Service
Multiplexing
Nonrecurring Charges
Rates and Charges
4-8
4.3.1
4.3.2
4.3.3
4.3.4
4.3.5
4-8
4-8
4-9
4-10
4-11
Rate Regulations
Minimum Periods
Mileage Measurement
Recurring Charges
Nonrecurring Charges
Miscellaneous Services
5-1
5.1
Carrier Service Order Charge – Local Service
5-1
5.1.1
5.1.2
5-1
5-1
Description
Rates
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
(AT)
(AT)
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 1-1
Replacing 1st Revised Page 1-1
ACCESS SERVICES TARIFF
1.
Application of Tariff
1.1
This tariff contains regulations, rules, rates and charges applicable to the provision of Intrastate
Access Services (Dedicated and Switched), hereinafter referred to collectively as “service(s),”
provided to business and carrier customers, hereinafter referred to as “customers,” by Gabriel
Communications of Oklahoma, Inc., hereinafter referred to as the “Company,” which holds
certificates to provide intrastate telecommunications service issued by the Oklahoma Corporation
Commission through its decision in Docket Number PUD 990000368 and Order Number 435095.
1.2
The company offers the following service(s) to customers:
1.2.1
Dedicated Services
(A)
1.2.2
Switched Services
(A)
1.3
Dedicated Transport
Switched Access Service
(1)
Carrier Common Line
(2)
Local Switching
(3)
Switched Transport
(4)
Other Miscellaneous Services
Operating Territory
The operating territory of the Company is the metropolitan areas of Oklahoma City and Tulsa in the
State of Oklahoma, hereinafter referred to as “service area” and are set forth as follows:
1.3.1
Oklahoma City Metropolitan Exchange Zones:
Arcadia; Bethany; Britton; Edmond; Midwest City; Moore; Mustang; Nicoma Park;
Norman; Oklahoma City; Piedmont; Spencer; Tuttle; Wheatland; and Yukon.
1.3.2
Tulsa Metropolitan Exchange Zones:
Catoosa; Jenks; Owasso; Sand Springs; Sapulpa; Sperry; and Tulsa.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 1-2
Replacing 1st Revised Page 1-2
ACCESS SERVICES TARIFF
1.
Application of Tariff (Cont’d)
1.4
The provision of such service by the Company as set for in this tariff does not constitute a joint
undertaking with the customer for furnishing of any service.
1.5
The following symbols shall be used in this tariff for the purpose indicated below:
C
D
I
M
N
R
S
T
ISSUED: March 22, 2010
To signify changed regulation
To signify discontinued rate or regulation
To signify increased rate
To signify a move in the location of text
To signify new rate or regulation
To signify reduced rate
To signify reissued matter
To signify a change in text, but no change in rate or regulation
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-1
Replacing 1st Revised Page 2-1
ACCESS SERVICES TARIFF
2.
General Regulations
2.1
Undertaking of the Company
2.1.1
Scope
(A)
Dedicated Service consists of furnishing dedicated communications service in
connection with one-way and/or two-way information transmission between points
within the service area defined in 1.3 preceding.
(B)
Switched Access Service consists of furnishing a two-point communications path
between a customer’s premises and an end user’s premises through the use of
common terminating, common switching, switched transport, and common
subscriber plant of the Company within the service area defined in 1.3 preceding.
(C)
The Company shall be responsible only for the installation, operation, and
maintenance of the services it provides. The Company’s facilities are to be used
only for the Company provided services or equipment.
(D)
The Company shall, for maintenance purposes, test its service only to the extent
necessary to detect and/or clear trouble.
(E)
Services are provided 24 hours daily, seven days per week.
(F)
The provision of such services by the Company as set forth in this tariff does not
constitute a joint undertaking with the customer for the furnishing of any service.
(G)
Facilities utilized by the Company to provide service under the provisions of this
tariff shall remain the property of the Company.
(H)
The Company does not warrant that its facilities and services meet standards other
than those set forth in this tariff and specifically referenced technical publications.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-2
Replacing 1st Revised Page 2-2
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.1
Undertaking of the Company (Cont’d)
2.1.2
Liability
ISSUED: March 22, 2010
(A)
The Company’s liability for its willful misconduct, if any, is not limited by this
tariff. With respect to any other claim or suit, by a customer or by any others,
for damages associated with the installation, provision, preemption, termination,
maintenance, repair, or restoration of service, and subject to the provisions (B)
through (J) following, the Company’s liability, if any, shall not exceed an
amount equal to the proportionate charge for the service for the period during
which the service was affected. This liability for damages shall be in addition to
any amounts that may otherwise be due the customer under this tariff as a credit
allowance for a service interruption.
(B)
The Company reserves the right to limit or to associate the use of existing
facilities, or of additional facilities offered by the Company when necessary
because of lack of facilities or due to other causes beyond the Company’s
control.
(C)
The furnishing of service under this tariff is subject to the availability on a
continuing basis of all the necessary facilities and is limited to the capacity of
the Company’s facilities as well as facilities the Company may obtain from
other facility providers to furnish service.
(D)
The Company shall not be liable for any act or omission of any other provider or
customer providing a portion of a service, nor shall the Company for its own act
or omission hold liable any other provider or customer providing a portion of a
service.
(E)
The Company is not liable for damages to the customer’s premises resulting
from the furnishing of a service, including the installation and removal of
equipment and associated wiring, unless the damage is caused by the
Company’s negligence.
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-3
Replacing 1st Revised Page 2-3
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.1
Undertaking of the Company (Cont’d)
2.1.2
Liability (Cont’d)
(F)
ISSUED: March 22, 2010
When a customer is provided service under this tariff, the Company shall be
indemnified, defended, and held harmless by the customer against any claim,
loss, or damage arising from the customer’s use of services offered under this
tariff, involving:
(1)
Claims for libel, slander, invasion of privacy, or infringement of
copyright arising from the customer’s own communications;
(2)
Claims for patent infringement arising from the customer’s acts
combining or using the service furnished by the Company in
connection with facilities or equipment furnished by the customer; or
(3)
All other claims arising out of any act or omission of the customer in
the course of using services provided pursuant to this tariff.
(G)
The Company does not guarantee or make any warranty with respect to its
services when used in an explosive atmosphere. The Company shall be
indemnified, defended, and held harmless by the customer from any and all
claims by any person related to the customer’s use of service provided.
(H)
No license under patents (other than the limited license to use) is granted by the
Company or shall be implied or arise by estoppel, with respect to any service
offered under this tariff. The Company will defend the customer against claims
of patent infringement arising solely from the use by the customer or services
offered under this tariff and will indemnify such customer for any damages
awarded based solely on such claims.
(I)
The Company’s failure to provide or maintain services under this tariff, except
as specified in 2.1.1 (A), shall be excused by labor difficulties, government
orders, civil commotion’s, criminal actions taken against the Company, acts of
God, and other circumstances beyond the Company’s reasonable control.
However, credit allowance for service interruptions as specified in 2.4.5 will
apply.
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-4
Replacing 1st Revised Page 2-4
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.1
Undertaking of the Company (Cont’d)
2.1.2
Liability (Cont’d)
(J)
ISSUED: March 22, 2010
Where an exchange telephone company, that jointly provides access service with
the Company, is incapable of denying such service in compliance with its tariffs,
without the cooperation of the Company, the Company will assist that exchange
telephone company in denying joint access service to the customer as long as that
exchange telephone company indemnifies, defends, and holds harmless the
Company from and against any and all liability, loss, damages, costs, claims, or
expenses of any kind arising out of the Company’s assistance in the denial of
service. Service denial for such joint access service will only include calls, which
originate or terminate within, or transit, the operating territory of the exchange
telephone company(ies) initiating the service denial.
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-5
Replacing 1st Revised Page 2-5
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.1
Undertaking of the Company (Cont’d)
2.1.3
Provision of Service
(A)
The Company will provide to the customer, upon reasonable notice, services
offered in this tariff at the specified rates and charges, to the extent that such
services are or can be made available with reasonable effort, except as specified
in 2.1.1, preceding.
(B)
In the event that the customer’s request cannot be fulfilled with existing
facilities and equipment or the request is not consistent with the Company’s
filed tariffs and technical references contained therein, alternative designs may
be provided by the Company. Additionally, the Company will work with the
customer to reach an agreeable solution.
(C)
The services provided under this tariff are provided over such routes and
facilities as the Company may elect. Requests for special facilities or routing of
such facilities will be handled as an individual case basis (ICB) as specified in
3.1.4(H).
(D)
The services in this tariff will be provided as follows:
(E)
ISSUED: March 22, 2010
(1)
The service will include any entrance cable or drop wiring and wiring to a
point of termination.
(2)
The service will be installed by the Company to such point of
termination.
Moves involving the point of termination at the customer’s premises will be
handled under the terms and conditions of a special arrangement as specified in
3.1.4(E).
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-6
Replacing 1st Revised Page 2-6
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.1
Undertaking of the Company (Cont’d)
2.1.3
Provision of Service (Cont’d)
(F)
Except as provided for equipment and systems subject to FCC part 68
Regulation at 47 C.F.R. Section 68.110(b), the Company may, where such
action is reasonably required in the operation of its business:
(1)
Substitute, change, or rearrange any facilities used in providing service
under this tariff;
(2)
Change minimum network protection criteria;
(3)
Change operating or maintenance characteristics of facilities; or
(4)
Change operations or procedures of the Company.
(G)
In case of any such substitution, change, or rearrangement as described in (F)
preceding, the Company shall not be responsible if any substitution, change, or
rearrangement renders any customer furnished services obsolete or requires
modification or alteration thereof or otherwise affects their use or performance.
If such substitution, change, or rearrangement materially affects the operating
characteristics of the facility, the Company will provide reasonable notification
to the customer in writing. Reasonable time will be allowed for any redesign
and implementation required by the change in operating characteristics. The
Company will work cooperatively with the customer to determine reasonable
notification requirements.
(H)
The Company will provide the customer reasonable notification of serviceaffecting activities that may occur in normal operation of its business. Such
activities may include, but are not limited to, equipment or facilities additions,
removals or rearrangements, and routine preventative maintenance. Generally,
such activities are not individual customer service specific, but affect many
customer services. No specific advance notification period is applicable to all
service activities. The Company will work cooperatively with the customer to
determine the notification requirements.
(I)
The Company will work cooperatively with the customer to develop network
contingency plans in order to maintain maximum network capability following
natural or man-made disasters, which affect telecommunications services.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-7
Replacing 1st Revised Page 2-7
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.1
Undertaking of the Company (Cont’d)
2.1.4
Operation and Maintenance
(A)
Maintenance of Service
The services provided under this tariff shall be maintained by the Company. The
customer or others may not rearrange, move, disconnect, remove, or attempt to
repair any facilities provided by the Company, other than by connection or
disconnection to any interface means used, except with the written consent of the
Company.
(B)
Availability of Testing
The services provided under this tariff shall be available to the Company at times
mutually agreed upon in order to permit the Company to make tests and
adjustments appropriate for maintaining the services in satisfactory operating
condition. Such tests and adjustments shall be completed within a reasonable
time. No credit will be allowed for any interruptions involved during such tests
and adjustments.
(C)
Interference or Impairment
The characteristics and methods of operation of any circuits, facilities, or
equipment provided by other than the Company and associated with the facilities
utilized to provide services under this tariff shall not interfere with or impair
service over any facilities of the Company, its affiliated companies, or its
connecting and concurring carriers involved in its services, cause damage to their
plant, impair the privacy of any communications carried over their facilities, or
create hazards to the employees of any the companies or the public.
The Company will, where practical, notify the customer of temporary
discontinuance of the use of a service may be required, except as provided for
equipment or systems subject to FCC Part 68 Rules in 47 C.F.R. Section 68.108, if
such characteristics or methods of operation are not in accordance with (A)
preceding. Where prior notice is not practicable, nothing contained herein shall be
deemed to preclude the Company’s right to temporarily discontinue forthwith the
use of a service if such action is reasonable under the circumstances. In case of
temporary discontinuance, the customer will be promptly notified and afforded the
opportunity to correct the condition, which gave rise to the temporary
discontinuance. During such period of temporary discontinuance, allowance for
interruption of services, as set forth in 2.4.5 is not applicable.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-8
Replacing 1st Revised Page 2-8
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.1
Undertaking of the Company (Cont’d)
2.1.5
Refusal and Discontinuance of Services
(A)
The Company may refuse additional applications for service or discontinue the
provision of services as set forth in (1) and (2) following, unless the provisions
of 2.1.4(C) (Interference or Impairment) or 2.3.2 (Connections) apply, when the
customer fails to comply with:
- 2.1.3(A)
- 2.1.3(B)
- 2.2.2
- 2.3.6
- 2.3.8
- 2.4
Maintenance of Service,
Availability of Testing,
Unlawful and Abusive Use,
Damages,
Customer Provided Reports, or
Billing Regulations - including any payments to be
made by the customer on the dates and times herein
specified.
On thirty (30) days’ written notice by Certified U.S. Mail (return receipt
requested) to the person designated by that customer to receive such notices of
noncompliance, the Company may:
ISSUED: March 22, 2010
(1)
Refuse additional applications for service and/or refuse to complete any
pending orders for service by the noncomplying customer at any time
thereafter. If the Company does not refuse additional applications for
service on the date specified in the thirty (30) days’ notice, and the
customer’s noncompliance continues, nothing contained herein shall
preclude the Company’s right to refuse additional applications for
service to the noncomplying customer without further notice; or
(2)
Discontinue the provision of the services to the noncomplying customer
at the time thereafter. In the case of such discontinuance, all applicable
charges, including termination charges, shall become due. If the
Company does not discontinue the provision of the service involved on
the date specified in the thirty (30) days’ notice and the customer’s non
compliance continues, nothing contained herein shall preclude the
Company’s right to discontinue the provision of services to the
noncomplying customer without further notice.
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-9
Replacing 1st Revised Page 2-9
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.1
Undertaking of the Company (Cont’d)
2.1.5
Refusal and Discontinuance of Services (Cont’d)
(B)
ISSUED: March 22, 2010
When an access service is provided by more than one telephone company, the
companies involved in providing the joint service may individually or
collectively deny service to a customer for nonpayment. Where the telephone
companies affected by the nonpayment are incapable of effecting discontinuance
of service without the cooperation from the other joint providers of Access
Service, such other telephone companies will, if technically feasible, assist in
denying the joint service to the customer. Service denial for such joint service
will only include calls, which originate or terminate within, or transit, the
operating territory of the telephone companies initiating the service denial for
nonpayment. When more than one of the joint providers must deny service to
effectuate termination for nonpayment, in cases where a conflict exists in the
applicable tariff provisions, the tariff regulations of the telephone company
where the customer’s end office is located shall prevail for joint service
discontinuance provisions.
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-10
Replacing 1st Revised Page 2-10
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.1
Undertaking of the Company (Cont’d)
2.1.6
Technical References
The Company will publish Technical References, which the customer can obtain as an aid
in selecting the appropriate service interface and feature arrangements.
Upon request, the Company will furnish network interface information required by Part 68
of the FCC’s Rules and Regulations.
2.1.7
Provision and Ownership of Telephone Numbers
The Company reserves the reasonable right to assign, designate, or change telephone
numbers, any other call number designations associated with Access Services or Incumbent
Local Exchange Company serving central office prefixes associated with such numbers,
when necessary, in order to meet the needs of expansion or better service. Should it
become necessary to make a change in such numbers’ the Company will furnish to the
customer, by Certified U.S. Mail on six (6) months’ notice, the effective date and an
explanation of the reasons for such changes.
If the central office equipment permits and the number is not in service or the end-user
agrees otherwise, when a telephone number is changed due to the initiative of the Company
after the directory has been issued, the Company shall at no charge to the end-user intercept
all calls to the former number and give the calling party the new number until the next
directory is published. Such numbers have last priority for reassignment. In the event the
change in an end-user’s telephone number is necessitated by action of the Company as the
provider of intercept service, the telecommunications provider serving the end-user shall be
exempt from any charges for intercept services.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-11
Replacing 1st Revised Page 2-11
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.2
Use
2.2.1
Assignment and Transfer of Facilities
(A)
The customer may not assign or transfer (e.g., mergers, acquisitions,
consolidations) the use of services provided under this tariff, except where there is
no interruption of use or relocation of the services, such assignment or transfer
may be made to:
(1)
Another customer, whether an individual, partnership, association, or
corporation, provided the assignee or transferee assumes all outstanding
indebtedness for such services, the unexpired portion of the minimum
period and the termination liability applicable to such services, if any;
or
(2)
A court appointed receiver, trustee, or other person acting pursuant to
law in bankruptcy, receivership, reorganization, insolvency, liquidation,
or other similar proceedings, provided the assignee or transferee
assumes the unexpired portion of the minimum period and termination
liability applicable to such services, if any.
(B)
In all cases of assignment or transfer, the written acknowledgment of the Company
is required prior to such assignment or transfer and such acknowledgment shall be
made within fifteen (15) days from the receipt of notification. The assignee or
transferee (new customer) shall provide to the Company the written release of the
use of such services from the assignor or transferor (former customer). All
regulations, conditions, and applicable charges, as set forth in this tariff, shall apply
to such assignee or transferee.
(C)
The assignment or transfer of services does not relieve or discharge the assignor or
transferor from remaining jointly or severally liable with the assignee or transferee
for any obligations existing at the time of the assignment or transfer.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-12
Replacing 1st Revised Page 2-12
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.2
Use (Cont’d)
2.2.2
Unlawful and Abusive Use
(A)
The services provided under this tariff shall not be used for an unlawful purpose
or used in an abusive manner.
Abusive use includes:
ISSUED: March 22, 2010
(1)
The use of the service of the Company for a call or calls, anonymous or
otherwise, in a manner reasonably expected to frighten, abuse, torment, or
harass another; or
(2)
The use of the service in such a manner as to interface unreasonably with
the use of the service by one or more other customers.
(B)
The Company shall, upon written request from a customer, another local
exchange company, or lawful authority, terminate service to any subscriber or
customer identified as having utilized service provided under this tariff in the
completion of abusive or unlawful telephone calls.
(C)
In such instances when termination occurs, as in (B) preceding, the Company
shall be indemnified, defended, and held harmless by the customer or any other
local exchange company, or party against any claim, loss or damage arising
from the Company’s actions in terminating such service, unless caused by the
Company’s negligence.
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-13
Replacing 1st Revised Page 2-13
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer
2.3.1
Design of Customer Services
Subject to the provisions set forth in 2.1.2 (F) and (G), the customer shall be solely
responsible, at its own expense, for the overall design of its services and for any
redesigning or rearrangement of its services which may be required because of changes in
facilities, operations or procedures of the Company, minimum network protection
criteria, and/or operating or maintenance characteristics of the facilities.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2ndRevised Page 2-14
Replacing 1st Revised Page 2-14
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.2
Connections
Equipment and/or systems (i.e., termination equipment, multiline terminating equipment
systems, and communications systems) may be connected with services provided under
this tariff, where such connection is made in accordance with the provisions specified in
2.1 (Undertaking of the Company).
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-15
Replacing 1st Revised Page 2-15
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.3
Equipment, Space, and Power
The customer shall furnish, or arrange to have furnished, to the Company, at no charge,
an environment conducive to the operation of equipment, as well as the space and
electrical power required by the Company to provide services under this tariff at the
points of termination of such services. The selection of ac or dc power shall be mutually
agreed to by the customer and Company. The customer shall also make necessary
arrangements in order that the Company will have access to such places at reasonable
times for installing, testing, repairing, or removing services of the Company.
2.3.4
Balance
All signals for transmission over the services provided under this tariff shall be delivered
by the customer balanced to ground except for ground start, duplex (DX), and
McCulloh-Loop type signaling.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-16
Replacing 1st Revised Page 2-16
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.4
Coordination with Respect to Network Contingencies
The customer shall, in cooperation with the Company, coordinate in planning the actions
to be taken to maintain maximum network capability following natural or man-made
disasters, which affect telecommunications services.
The customer shall provide the Company notification of media stimulated events
(connections made in response to television and radio advertising). Specific provisions
relating to customer report requirements for media stimulated mass calling events are
contained in 2.3.12 (Media Stimulated Mass Calling Events).
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-17
Replacing 1st Revised Page 2-17
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.5
References to the Company
The customer may advise their customers that certain services are provided by the
Company. However, the customer shall not represent that the Company jointly
participates in the customer’s services.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-18
Replacing 1st Revised Page 2-18
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.6
Damages
The customer shall reimburse the Company for damages to the Company facilities
utilized to provide services under this tariff caused by the negligence or willful act of the
customer or resulting from the customer’s improper use of the company’s facilities or
equipment provided by other than the Company. Nothing in the foregoing provision shall
be interpreted to hold one customer liable for another customer’s actions. Upon
reimbursement for damages, the Company will cooperate with the customer in
prosecuting a claim against the person causing such damage. The customer shall be
subrogated to the right of recovery by the Company for the damages to the extent of such
payment.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2ndRevised Page 2-19
Replacing 1st Revised Page 2-19
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.7
Claims and Demands for Damages
ISSUED: March 22, 2010
(A)
With respect to claims of patent infringement made by third persons, the
customer shall defend, indemnify, protect, and save harmless the Company from
and against all claims arising out of the combining with, or use in connection
with, the services provided under this tariff, any circuit, apparatus, system, or
method provided by the customer.
(B)
The customer shall defend, indemnify, and save harmless the Company from
and against any suits, claims, and losses or damages, including punitive
damages, attorneys fees, and court costs by third persons, arising out of the
construction, installation, operation, maintenance, or removal of the customer’s
circuits, facilities, or equipment connected to the Company’s services provided
under this tariff including, without limitation, Workmen’s Compensation claims,
actions for infringement of copyright and/or unauthorized use of program
material, libel and slander actions based on content of communications
transmitted over the customer’s circuits, facilities or equipment, and proceedings
to recover taxes, fines, or penalties for failure of the customer to obtain or
maintain, in effect, any necessary certificates, permits, licenses, or other
authority to acquire or operate the services provided under this tariff, provided;
however, the foregoing indemnification shall not apply to suits, claims, and
demands to recover damages for damage to property, death, or personal injury
unless such suits, claims, or demands are based on the tortuous conduct of the
customer, its officers, agents, or employees.
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
3rdRevised Page 2-20
Replacing 2nd Revised Page 2-20
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.8
Customer Provided Reports
Customers may be required to provide the following reports in connection with the
provision of Dedicated or Switched Access Services. The specific requirements are
provided in other sections of this tariff as set forth following.
Tariff
Customer Provided Reports
Section No.
Percentage of Interstate Use (PIU)
Dedicated Service Jurisdiction Reports
Media Stimulated Mass Calling Events
Percentage of Local Use (PLU)
ISSUED: March 22, 2010
2.3.10
2.3.11
2.3.12
2.3.13
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
(AT)
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
4th Revised Page 2-21
rd
Replacing 3 Revised l Page 2-21
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.9
Customer Provided Reports (Cont’d)
When switched Access Services are provided for both interstate and intrastate use, monthly
rates, usage rates, and nonrecurring charges are prorated between interstate and intrastate on
the basis of the projected interstate percentage of use (PIU) as set forth in 2.3.9 and 2.3.10.
Dedicated Services are classified as interstate or intrastate based upon the percentage of
interstate use as set forth in 2.3.11.
When a customer orders Access Service via an Access Service Request (ASR) or Dedicated
Service Order, the customer must provide the Company with a report of its projected
percent interstate use (PIU). In addition, the customer must provide the Company with an
auditable PIU report in each calendar quarter following the installation of service. The
customer must provide the PIU report in whole numbers. The PIU report will be used by
the Company to apportion the customer’s usage and/or charges between interstate and
intrastate service. If the customer fails to provide the required PIU report, the PIU factor
will be determined as set forth in (B) following and shall not be retroactively adjusted if the
customer provides the factor at a later date.
Detailed requirements for PIU and PLU (see section 2.3.13) reports are contained in the
Jurisdictional Factors Reporting Guide on the Company’s website.
(A)
Quarterly Update Requirements
Effective on the first of January, April, July, and October of each year, the
customer will update the PIU reports. The customer will forward to the Company,
to be received no later than fifteen (15) business days after the first of each such
month, a revised report showing the interstate and intrastate percentage of use for
the past three months ending the last day of December, March, June, and
September, respectively, for each service arranged for interstate use. The revised
report will serve as the basis for the next three months billing.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
(AT)
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
3rd Revised Page 2-22
Replacing 2nd Revised Page 2-22
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.9
Customer Provided Reports (Cont’d)
(B)
Quarterly Report Not Provided
If the customer does not provide the Company a Quarterly PIU Report, the
Company will assume the PIU factor to be the same as specified in the Quarterly
PIU Report most recently provided by the customer. If a customer has never
provided the Company a Quarterly PIU Report or the customer is a new customer,
the Company will assume the PIU factor to be the same as specified in the Access
Service Request. If the Company can reasonably determine jurisdiction by the
customer’s monthly call detail, the Company will determine the customer’s PIU on
a monthly basis. If a customer has never provided a PIU factor, the Company will
set the customer’s PIU factor on a default basis as 90 percent interstate and 10
percent intrastate traffic (originating and terminating) for the next calendar quarter.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
(CP)
(AT)
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-23
Replacing 1st Revised Page 2-23
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.9
Customer Provided Reports (Cont’d)
(C)
Jurisdictional Reports Verifications
For Switched Access Service, if a billing dispute arises or a regulatory commission
questions the projected PIU factor, the customer must provide the data utilized to
determine the projected PIU factor within 30 days to the Company.
The customer shall keep records of call detail, which the percentage of interstate
and intrastate use can be ascertained and, upon request of the Company, shall
make the records available for inspection as reasonably necessary for purposes of
verification of the percentage.
For Dedicated Services, if a billing dispute arises or a regulatory commission
questions the projected PIU factor, the customer must provide the data utilized to
determine the certified interstate percentage within 30 days of the Company’s
request. The customer shall keep records of system design and functions from
which the percentage was determined and, upon request of the Company, shall
make the records available for inspection as reasonably necessary for purposes of
verifications of the percentages.
(D)
Audit Requests
The Company reserves the right to conduct an audit of the customer’s PIU report.
The Company and/or the customer may request an audit of the PIU report within 6
months of the Company’s receipt of the PIU report, as applicable. Such requests
must be made on no less than ten (10) days’ written notice to the other party.
Audits shall be conducted during normal business hours at the office of the party
being audited. Such audits must be performed by an independent auditor mutually
agreed to by the parties and such independent auditor’s costs will be paid for by
the party to which requests the audit.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-24
Replacing 1st Revised Page 2-24
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.10
Percentage of Interstate Use (PIU)
(A)
Originating Access
Originating access minutes may be based on traffic originating at the state, LATA,
or end office level, provided that the traffic being measured is only traffic
originating from the Company central office(s). Originating access minutes will
be measured as follows, based on the type of access:
(B)
(1)
For Feature Group D (FGD) Switched Access Service(s) where the
Company can determine justification by its call detail, the projected
Percent Interstate Usage (PIU) will be determined by the Company on a
monthly basis by dividing the measured interstate originating access
minutes by the total originating access minutes.
(2)
For 500, 700, and 800/888 service access, the customer must provide the
Company with a projected PIU factor for each type of access. Customers
who provide a PIU factor shall supply the Company with an interstate
percentage of originating access minutes.
Terminating Access
For FGD Switched Access Service, the customer must provide the Company with
a projected PIU factor by supplying the Company with an interstate percentage of
terminating access minutes on a quarterly basis, as described in 2.3.9.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-25
Replacing 1st Revised Page 2-25
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.10
Percentage of Interstate Use (PIU)
(C)
Entrance Facilities and Direct-Trunked Transport
Customers ordering an Entrance Facility of a Direct-Trunked Transport facility
must provide the Company with an interstate percentage of use reflecting the
originating and terminating traffic of all Switched Access Services that will use the
facility. Also, when a customer adds additional or new Switched Access Services
to existing Entrance Facilities or Direct-Trunked Transport facilities, a revised PIU
is required.
The customer must provide a PIU factor for each Entrance Facility and a separate
PIU factor for each Direct-Trunked Transport facility. At the customer’s
discretion, a LATA-level PIU factor can be provided for all Entrance Facilities
within the LATA or a separate LATA-level PIU factor can be provided for all
Direct-Trunked Transport facilities provided in a LATA. If a LATA-level PIU
factor is provided by the customer, the specified percentage will be applied to all
Entrance Facilities or to all Direct-Trunked Transport facilities within the LATA
or to those facilities for which a specific Entrance Facility PIU or Direct-Trunked
Transport PIU is not provided.
(D)
Tandem-Switched Transport
Customers ordering Tandem-Switched Transport must provide the Company with
an interstate percentage of use.
Usage rated charges shall be apportioned by the Company between interstate and
intrastate based upon the PIUs used to apportion the rates and charges for tandem
routed trunks using the facility.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-26
Replacing 1st Revised Page 2-26
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.11
Dedicated Service Jurisdictional Reports
Dedicated Services are classified as interstate or intrastate based on the percentage of
interstate use as set forth in the following:
(A)
ISSUED: March 22, 2010
Certification Requirements
(1)
Dedicated Services are classified as interstate [percent interstate usage
(PIU) = 100%] when the services carry more than ten percent interstate
traffic. When the percent of interstate usage is less than or equal to ten
percent, the service will be provided in accordance with this tariff.
(2)
The customer shall certify whether or not interstate traffic is greater than
ten percent of the total traffic carried on the Dedicated Services. This
certification will be provided to the Company by the customer in the form
of written correspondence with clear identification of the services
involved and the customer’s designated jurisdiction associated with each
service at the time the services are ordered.
(3)
With respect to billing disputes regarding the jurisdiction of the services,
the customer shall be required to provide to the Company general
information on system design and function that is used by the customer to
determine the jurisdiction of the Services.
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
3rdRevised Page 2-27
Replacing 2nd Revised Page 2-27
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.3
Obligations of the Customer (Cont’d)
2.3.12
Media Stimulated Mass Calling Events
(A)
When Access Service is utilized to provide services for which a substantial traffic
Volume is anticipated during short periods of time (e.g., 800, opinion polls, calls placed
in response to television and radio advertising, Web Site advertisement, Streaming Video
and Audio events), the customer shall provide notification of such event to the Company
at least 24 hours in advance of peak period. Such notification shall include the nature,
time, duration, and the frequency of the event, as well as estimated volume to be
expected.
(B)
The Company will utilize such information to administer its network in a manner that
minimizes the impact of traffic surges due to media stimulated mass calling events.
Failure to provide such notification may cause excessive network congestion which could
result in a complete loss of service to the customer. If the Company has not received
required notification at least 24 hours in advance of the event, and a service interruption
occurs, a credit allowance as specified in 2.4.5 will not apply.
2.3.13
Percent Local Usage (PLU)
(AT)
(A)
To assist in distinguishing interexchange traffic from local exchange traffic, customers
that terminate traffic on the Company’s network and that do not have a legally effective
interconnection or mutual traffic exchange agreement with the Company will, pursuant to
this tariff provision, be required to submit a Percent Local Usage (PLU) report. The PLU
report will be utilized by the Company for purposes of excluding minutes from switched
access charge billing in circumstances where the jurisdiction of the traffic is not
otherwise determined.
(B)
PLU Calculation - PLU shall be calculated as the ratio of the sum of local traffic minutes
to the sum of local traffic and intrastate interexchange minutes exchanged between
customer and the Company.
(C)
Quarterly Updates - The PLU report shall be subject to the same quarterly updating
requirement as set forth in section 2.3.9 herein for PIU reports, except that if the customer
has never provided the Company a PLU report, the Company will utilize a Fifty percent
(50%) PLU on a default basis.
(D)
Verification and audit obligations and rights for PLU reports shall be the same as those
set forth in section 2.3.9 herein for PIU reports.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
(AT)
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
3rdRevised Page 2-28
Replacing 2nd Revised Page 2-28
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.4
Billing Regulations (Cont'd)
2.4.1
Payments of Rates and Charges
For services provided under this tariff, the Company will bill in the following manner:
- Charges or credits due to the customer for services established or discontinued during the
preceding billing period will be billed on a current basis,
- Recurring rates and charges for services will be billed in advance, and
(CP)
- Usage charges will be billed in arrears.
(RT)
All bills are due when rendered (i.e., thirty (30) days after or by the next bill date as set
forth in (A) following). If the payment date would cause payment to be on a Saturday,
Sunday, or Legal Holiday, payment for such bills will be due from the customer as follows:
- If the payment date falls an a Sunday or on a legal Holiday which is observed on a
Monday, the payment date shall be the first non-Holiday day following such Sunday or
Legal Holiday.
- If the payment date falls on a Saturday or on a Legal Holiday which is observed on
Tuesday, Wednesday, Thursday, or Friday, the payment date shall be the last nonHoliday day preceding such Saturday or Legal Holiday.
Adjustments for the quantities of services established or discontinued in any billing period
beyond the minimum period set forth for services in other sections of this tariff will be
prorated to the number of days or fraction thereof based on a thirty (30) day month.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-29
Replacing 1st Revised Page 2-29
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
Billing Regulations (Cont'd)
2.4.1 Payments of Rates and Charges (Cont'd)
(A)
Past Due Charges
Bills are considered past due thirty (30) days after the bill date or by the next bill
date (i.e., same date as the bill date in the following month), whichever occurs
first, and are payable in immediately available funds.
If the entire amount billed, exclusive of any amount disputed by the customer, is
received by the Company after the payment date or if any portion of the payment
is received by the Company in funds which are not immediately available to the
Company, then a late payment charge will apply to the unpaid balance. The late
payment charge will be equal to the lessor of:
(B)
(1)
the highest interest rate (in decimal value) which may be levied by law
for commercial transactions, compounded daily and applied for each
month or portion thereof that an outstanding balance remains; or
(2)
0.0005 per day, compounded daily and applied for each month or portion
thereof that an outstanding balance remains.
Billing Disputes Resolved in Favor of the Company
In the event that a billing dispute is resolved in favor of the Company, any
payments withheld pending settlement of the dispute shall be subject to a late
payment charge determined in accordance with (A) preceding and applied to such
disputed charges. Such annual rate will be compounded daily and applied for each
month or portion thereof that such charges were unpaid.
(C)
Billing Disputes Resolved in Favor of the Customer
In the event that a billing dispute is resolved in favor of the customer, no late
payment charge will apply to the disputed amount and the customer will receive a
credit equal to the overcharged amount.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-30
Replacing 1st Revised Page 2-30
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.4
Billing Regulations (Cont'd)
2.4.1
Payments of Rates and Charges (Cont'd)
(C)
Billing Disputes Resolved in Favor of the Customer (Cont'd)
(1)
Interest Credit
The customer will receive an interest credit if all of the following
conditions exist:
(a)
The customer must notify the Company of the dispute and
provide sufficient documentation to support the claim within ten
(10) working days from the date the Company is notified of the
dispute.
(b)
The documentation furnished by the customer must include:
-
(2)
a clear and full explanation of the basis of the dispute,
the account number under which the bill has been rendered,
the date of the bill, and
details sufficient to identify the specific amounts and items
in dispute.
(c)
The customer must have paid the total amount billed in dispute.
(d)
The billing dispute must be resolved in favor of the customer.
Interest Credit Period
When a claim is filed within 130 days from the bill date, the period
covered by the interest credit shall begin on the date that the Company
receives payment in immediately available funds. When a claim is filed
more than 130 days after the bill date, the period covered by the interest
credit shall begin on the date of the claim or the date of overpayment,
whichever is later. The period covered by the interest credit shall end on
the date that the customer’s account is credited.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-31
Replacing 1st Revised Page 2-31
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.4
Billing Regulations (Cont'd)
2.4.1
Payments of Rates and Charges (Cont'd)
(C)
Billing Disputes Resolved in Favor of the Customer (Cont'd)
(3)
Calculation of Interest Credit
Interest credit shall be calculated based upon the portion of the disputed
amount resolved in the customer’s favor multiplied by the lesser of:
ISSUED: March 22, 2010
(a)
The highest interest rate (in decimal value) which may be levied
by law for commercial transactions, compounded daily and
applied for each month or portion thereof that an outstanding
balance remains; or
(b)
0.000590 per day, compounded daily and applied for each month
or portion thereof that an outstanding balance remains.
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2ndRevised Page 2-32
Replacing 1st Revised Page 2-32
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.4
Billing Regulations (Cont'd)
2.4.2
Minimum Periods
(A)
The minimum period for which service is provided and for which rates and
charges are applicable is set forth in each service’s section of this tariff, where
appropriate.
(B)
When a service is discontinued prior to the expiration of the minimum period,
charges are applicable whether the service is used or not. The applicable charge
will be the total monthly charges, at the rate level in effect at the time service is
discontinued, for the remainder of the minimum period.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2ndRevised Page 2-33
Replacing 1st Revised Page 2-33
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.4
Billing Regulations (Cont'd)
2.4.3
Credit Allowance for Service Interruptions
(A)
General
Service is to be considered to be interrupted when it becomes unusable to the
customer because of a failure of a facility component used to furnish service under
this tariff. An interruption period starts when an inoperative service is reported to
the Company, or has been found to be interrupted by the Company, and ends when
the service is operative.
The Credit Allowance for an interruption, or for a series of interruptions, shall not
exceed:
(1)
The applicable monthly rate, or
(2)
The billed amount for that particular rate element in those cases where the
tariff rate exceeds the actual bill amount.
For calculating credit allowances, every month is considered to have 30 days.
(B)
When a Credit Allowance Applies
In addition, Credit Allowance for Service Interruptions also apply when service
is interrupted due to labor difficulties, governmental orders, civil commotions,
criminal actions taken against the Company, acts of God, and other
circumstances beyond the Company’s reasonable control. No credit shall be
allowed for an interruption of less than 30 minutes. The customer shall be
credited for an interruption of 30 minutes or more at the rate of 1/1440 of the
monthly charges for the facility or service for each period of 30 minutes or
fraction thereof that the interruption continues after the initial 30-minute
interruption.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2ndRevised Page 2-34
Replacing 1st Revised Page 2-34
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.4
Billing Regulations (Cont'd)
2.4.3
Credit Allowance for Service Interruptions (Cont’d)
(B)
When a Credit Allowance Applies (Cont’d)
In case of an interruption to any service that is not due to negligence of the
customer, allowance for the period of interruption shall be as follows:
ISSUED: March 22, 2010
(1)
No credit shall be allowed for an interruption period of less than 30
minutes. For each period of 30 minutes, or fraction thereof, that the
interruption continues after the initial 30 minute outage, the customer will
be credited at the rate of 1/1440 of the monthly charges.
(2)
In any month, as a result of the interruption, the total credit per rate
element of the interrupted service may not exceed 100 percent of the
monthly charge for that particular rate element.
(3)
The monthly charge shall be the total of all monthly rate element charges
associated with the service (i.e., two-channel terminations and channel
mileage).
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-35
Replacing 1st Revised Page 2-35
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.4
Billing Regulations (Cont'd)
2.4.4
Jointly Provided Access Service
Jointly Provided Access Service is originating or terminating access service which is
provided in part by the Company and in part by another exchange telephone company.
Where access service is jointly provided, billing will be accomplished through a Meet Point
Billing arrangement consistent with industry-established guidelines. Under a Meet Point
Billing arrangement, the Company will bill in a manner, which reflects the extent of use of
only that portion of jointly provided access provided by the Company. All recurring and
nonrecurring charges for services provided by each exchange telephone company are
applicable, subject to the Meet Point Billing arrangement.
The multiple billing arrangement described herein is subject to the provisions of the
Multiple Exchange Carrier Access Billing Guides (MECAB) and the Multiple Exchange
Carrier Ordering and Design Guidelines (MECOD).
The Company will handle the ordering, rating, and billing of Access Services under this
tariff where more than one exchange telephone company is involved in the provision of
Access Services, as follows:
(A)
The Company must receive an order for FGD Switched Access Service, as
described herein, ordered to the Company’s central office through a switch
operated by another exchange telephone company.
(B)
The customer may be required to submit an order to the other exchange telephone
company with whom the Company has an agreement.
(C)
A single bill or separate bills will be rendered to the customer, depending on the
applicable Meet Point Billing arrangement between the Company and the other
exchange telephone company.
(D)
Each company will provide its portion of the access service based on the
regulations, rates, and charges contained in its respective Access Service tariff.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-36
Replacing 1st Revised Page 2-36
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.5
Definitions
Access Tandem
The Incumbent Local Exchange Company’s switching system that provides a concentration and
distribution function for originating or terminating traffic between end offices and customer
premises.
Asynchronous Transfer Mode (ATM)
A fast packet cell-based technology which supports applications requiring high bandwidth, high
performance transport, and switching.
Billing Account Number (BNA)
Denotes a code that identifies the customer’s billing account to which Dedicated Services are billed.
Central Office
The Company’s building locations where the customer station loops are terminated for purposes of
interconnection to each other and the public switched network.
Channel(s)
An electrical or photonic, in the case of fiber optic based transmission systems, communications path
between two or more points of termination, or for Dedicated Transport, between a point of
termination and a Central Office.
Channelize
The process of multiplexing-demultiplexing wider bandwidth of higher speed channels into narrower
bandwidth or lower speed channels.
Customer(s)
Any individual, partnership, association, joint-stock company, trust, corporation, or government
entity or any other entity, which subscribes to the services, offered under this tariff.
Demarcation Point
Denotes the point (referred to as Demarc Point or Network Interface) of interconnection between the
Company’s facilities and the wiring at the subscriber’s premises. The Demarc point shall consist of
wire or a jack conforming to Subpart F of Part 68 of the FCC Rules and Regulations.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-37
Replacing 1st Revised Page 2-37
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.5
Definitions (Cont’d)
End User
Any customer of an interstate or foreign telecommunications service that is not a carrier, except that
a carrier other than a telephone company shall be deemed to be an “end user” when such carrier uses
a telecommunications service for administrative purposes and a person or entity that offers
telecommunications services exclusively as a reseller shall be deemed to be an “end user” if all
resale transmissions offered by such reseller originate on the premises of such reseller.
Exchange
A unit, generally smaller than a LATA, established by the Company for the administration of
communications service in a specified area, which usually embraces a city, town, or village and its
environs. It consists of one or more central offices together with associated facilities used in
furnishing communications service within that area. One or more designated exchanges comprise a
given LATA.
Facility
Any one of the elements of physical plant owned or leased by the Company that is needed to provide
Dedicated or Switched Access Services.
Immediately Available Funds
A condition in which the regulations ( if applicable), rates and charges for an offering under the
provisions of this tariff are developed based on the circumstances in each case.
Individual Case Basis
Situation in which the regulations (if applicable), rates, and charges for an offering under the
provisions of this tariff are developed based on the circumstances for that particular case.
Interstate Communications
Denotes both interstate and foreign communications.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-38
Replacing 1st Revised Page 2-38
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.5
Definitions (Cont’d)
Intrastate Communications
Any communication within a state subject to oversight by a state regulatory commission as provided
by the laws of the state involved.
Local Access Transport Area LATA
A geographical area established for the provision and administration of communications service. It
encompasses one or more designated exchanges, which are grouped to serve common social,
economic, and other purposes.
Local Calling Area
A geographical area, as defined in the Company’s General Exchange Service tariff, in which an end
user may complete a call without incurring Message Telecommunications Service (MTS) charges.
Media Stimulated Mass Calling Events
The use of Dedicated or Switched Access Services for communications traffic in response to
television and radio advertising for which a substantial volume of communications traffic is
anticipated during a short period of time. Media stimulated mass calling is highly peaked and often
used in conjunction with market counting services, marketing surveys, entertainment, etc.
Merger
The union of two or more interests or corporations.
Point of Termination - See Demarcation Point
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 2-39
Replacing 1st Revised Page 2-39
ACCESS SERVICES TARIFF
2.
General Regulations (Cont’d)
2.5
Definitions (Cont’d)
Premises
A building or a portion of a building in a multi-tenant building, or buildings on a continuous
property (except Railroad Right-of-way, etc.) not separated by a public highway.
Serving Wire Center
The end office from which the customer designated premises would normally obtain dial tone from
an Incumbent Local Exchange Carrier for local Exchange Service purposes.
Shortage of Facilities or Equipment
A condition which occurs when the Company does not have appropriate cable, switching capacity,
or terminal equipment necessary to provide the Dedicated or Switched Access Services requested by
the customer.
Synchronous
The type of data transmission where the characters of bits are sent at a fixed rate, with the
transmitting and receiving devices synchronized, so that start and stop bits are not required.
V and H Coordinates Method
A method of computing airline miles between two points by utilizing an established formula, which
is, based on the vertical (V) and horizontal (H) coordinates of the two points.
Virtual Circuit
A communication path established to transmit data. This path is established for the duration of the
session. A virtual circuit is the packet network equivalent of a physical circuit and maintains the
sequence of information.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
3rd Revised Page 3-1
Replacing 2nd Revised Page 3-1
ACCESS SERVICES TARIFF
3.
Dedicated Services
3.1
Dedicated Transport
3.1.1
General
Dedicated Transport is a point-to-point or point-to-multipoint transport facility between a
customer’s designated premises and the Company’s Central Office.
3.1.2
Customer Provided Equipment
The customer is responsible for providing the customer premises router equipment for
termination of the Dedicated Transport facility at the customer’s designated premises.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 3-2
Replacing 1st Revised Page 3-2
ACCESS SERVICES TARIFF
3.
Dedicated Services (Cont’d)
3.1
Dedicated Transport (Cont’d)
3.1.3
Transport Channel Types
For the purpose of ordering, provisioning, and billing Dedicated Transport, the following
lists the available bit rates, measured by Kilobits per second (Kbps) or Megabits per Second
(Mbps), the customer may select:
-
64
128
256
384
1.544
Kbps
Kbps
Kbps
Kbps
Mbps (DS1)
128, 256, and 384 Kbps Transport Channel Types are provisioned from specific Incumbent
Local Exchange Carrier wire centers which are listed in the National Exchange Carrier
Association, Inc. Tariff FCC No. 4. Availability is not restricted to customers served by the
wire centers listed in FCC No. 4, but the service must be routed through the designated
offices in FCC No.4. Mileage as defined in 3.1.4(D) will apply.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 3-3
Replacing 1st Revised Page 3-3
ACCESS SERVICES TARIFF
3.
Dedicated Services (Cont’d)
3.1
Dedicated Transport (Cont’d)
3.1.4
Rate Regulations
This section contains the specific regulations governing the rates and charges that are
applicable to Dedicated Transport.
(A)
Rate Elements
There are two basic rate elements, which apply to Dedicated Transport.
(1)
Channel Termination
The Channel Termination rate element provides for the communications
path between a customer designated premises and the serving wire center
of that premises.
One Channel Termination charge applies per customer designated
premises or the Company’s central office at which the channel is
terminated. This charge will apply even if the customer’s designated
premises and the Company’s central office are both located in the same
building.
(2)
Channel Mileage
The Channel Mileage rate element provides for the transmission facilities
between the serving wire center and the serving wire center of the
Company’s central office.
A flat rate and a rate per mile applies to Channel Mileage.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 3-4
Replacing 1st Revised Page 3-4
ACCESS SERVICES TARIFF
3.
Dedicated Services (Cont’d)
3.1
Dedicated Transport (Cont’d)
3.1.4
Rate Regulations (Cont’d)
(B)
Monthly Rates
Monthly rates are flat recurring rates that apply each month or fraction thereof that
a Dedicated Transport is provided. For billing purposes, each month is considered
to have 30 days.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 3-5
Replacing 1st Revised Page 3-5
ACCESS SERVICES TARIFF
3.
Dedicated Services (Cont’d)
3.1
Dedicated Transport (Cont’d)
3.1.4
Rate Regulations (Cont’d)
(C)
Nonrecurring Charges
Nonrecurring charges are one-time charges that apply for specific work activity
(i.e., installation or change to an existing service). The types of nonrecurring
charges that apply for Dedicated Transport are:
- Installation of Service
- Service Rearrangements
(1)
Installation of Service
Nonrecurring charges apply to each service installed. These charges are
set forth in Section 3.1.6(A)(2) as a nonrecurring charge for the Channel
Termination rate element and are applied per circuit on a first and
additional basis for each service ordered. The initial circuit incurs the
first nonrecurring charge for the Channel Termination associated with
that circuit at each termination point. Each subsequent circuit at each
termination point incurs the additional nonrecurring charge for each
Channel Termination associated with that additional circuit.
In order to receive the benefit associated with ordering multiple circuits,
the following criteria must be met:
- Same Order
- Same Application Order Date
- Same Due Date
- Identical Transport Channel Type
- Same Billing Number
- Same Billing Customer
- Same Designated Premises
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 3-6
Replacing 1st Revised Page 3-6
ACCESS SERVICES TARIFF
3.
Dedicated Services (Cont’d)
3.1
Dedicated Transport (Cont’d)
3.1.4
Rate Regulations (Cont’d)
(C)
Nonrecurring Charges (Cont’d)
(2)
Service Rearrangements
Service Rearrangements are changes to existing (installed) service which
do not results in either (1) a change in the minimum period requirements
as set forth in 3.1.4(F) or (2) a change in physical location of the point of
termination at a customer designated premises.
Changes which result in the establishment of a new minimum period
obligations are treated as disconnects and starts. Changes in the physical
location of the point of termination are treated as moves as described in
3.1.4(E).
The charge to the customer for the service rearrangement is dependent on
whether the change is administrative only or involves actual physical
change to the service.
(a)
ISSUED: March 22, 2010
Certain administrative changes will be made without charge to
the customer. These administrative changes are as follows:
-
Change of customer name, (i.e., the customer of record
does not change but rather the customer of record changes
its name).
-
Change of customer’s address when the change of address
does not involve a physical relocation of the service.
-
Change in billing data (name, address, contact name, or
telephone number).
-
Change of the customer’s contact name or contact number.
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 3-7
Replacing 1st Revised Page 3-7
ACCESS SERVICES TARIFF
3.
Dedicated Services (Cont’d)
3.1
Dedicated Transport (Cont’d)
3.1.4
Rate Regulations (Cont’d)
(C)
Nonrecurring Charges (Cont’d)
(2)
Service Rearrangements (Cont’d)
(b)
When a customer requests a change in the customer of record
(i.e., existing service is provided and billed to a different entity),
a nonrecurring charge will apply. This change is considered an
administrative service rearrangement when the new customer
assumes liability for all current and prior charges for the service
and has complied with the regulations and conditions as set forth
in 2.2.1 for the Assignment and Transfer of Facilities, and no
physical relocation or rearrangement of the service is required.
(c)
When a customer requests the following administrative changes,
a nonrecurring charge will apply as set forth in 3.1.6(E) per
circuit for the following change. The customer requesting
administrative service rearrangements will be responsible for all
billing associated with the change requested.
- Change of Billing Account Number (BAN) (e.g., a customer
requests to aggregate all services on one BAN).
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 3-8
Replacing 1st Revised Page 3-8
ACCESS SERVICES TARIFF
3.
Dedicated Services (Cont’d)
3.1
Dedicated Transport (Cont’d)
3.1.4
Rate Regulations (Cont’d)
(D)
Mileage Measurement
The mileage to be used to determine the monthly rate for the Channel Mileage is
calculated on the airline distance between the customer designated premises
serving wire center and the Company’s central office serving wire center.
To determine the rate to be billed, first compute the mileage using the V&H
coordinates method, as set forth in the National Exchange Carrier Association, Inc.
Tariff FCC No. 4, as shown below. When the calculation results in a fraction of a
mile, always round up to the next whole mile before determining the mileage and
applying the rates.
Mileage Formula
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 3-9
Replacing 1st Revised Page 3-9
ACCESS SERVICES TARIFF
3.
Dedicated Services (Cont’d)
3.1
Dedicated Transport (Cont’d)
3.1.4
Rate Regulations (Cont’d)
(E)
Moves
A move involves a change in the physical location of one of the following:
- The Point of Termination at the customer’s premises
- The customer’s premises
The charges are dependent on the type of move requested by the customer.
(1)
Moves of the Point of Termination Within the Same Customer
Premises
When the move of the Point of Termination is to a new location within
the same customer premises, the move will be treated as an extension
of the Dedicated Transport facilities which will be provided on an
individual case basis.
(2)
Moves of a Customer Premises
Moves to a different customer premises will be treated as a
discontinuance and start of service. New minimum periods will be
established for the new service. The customer will also remain
responsible for satisfying all outstanding minimum period charges for
the discontinued service.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 3-10
Replacing 1st Revised Page 3-10
ACCESS SERVICES TARIFF
3.
Dedicated Services (Cont’d)
3.1
Dedicated Transport (Cont’d)
3.1.4
Rate Regulations (Cont’d)
(F)
Minimum Periods
The minimum service period for all Transport Channel types is 1 year.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 3-11
Replacing 1st Revised Page 3-11
ACCESS SERVICES TARIFF
3.
Dedicated Services (Cont’d)
3.1
Dedicated Transport (Cont’d)
3.1.4
Rate Regulations (Cont’d)
(G)
Term Pricing Plan
Dedicated Transport Term Pricing Plan provides the customer with rate stability
over the life of the contract period.
Decreases in the Term Pricing Plan monthly recurring tariff rates will be passed
on the customers who participate in the Term Pricing Plan. The Company will
notify customers participating in the Term Pricing Plan when monthly rates are
decreased.
Should the Company increase its rates during the Term Pricing Plan period, the
customer would continue to pay the rates in effect at the time the customer
elected to participate under the Term Pricing Plan until such time the term
period has expired.
Customers who renegotiate a new Term Pricing Plan prior to the expiration of
the customer’s existing Term Pricing Plan, may continue with rates in effect at
the time of the existing Term Pricing Plan.
Customers requesting the termination of the Term Pricing Plan and
discontinuing service prior to the expiration of the term period will be charged
the lesser of:
1.
2.
ISSUED: March 22, 2010
The difference between the contracted service period rates for the
completed months of the initial service term agreement and the rates for
the next lower service term; or
The monthly payments remaining on the contracted term pricing plan.
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
3rd Revised Page 3-12
Replacing 2nd Revised Page 3-12
ACCESS SERVICES TARIFF
3.
Dedicated Services (Cont’d)
3.1
Dedicated Transport (Cont’d)
3.1.4
Rate Regulations (Cont’d)
(H)
Individual Case Basis (ICB)
Terms of ICB arrangements for services described in this tariff and unique
customer-specific applications will be provided to the Commission pursuant to
Rule 165:55-5-10.3 of the Oklahoma Corporation Commission rules no later than
30 days after the agreement is made with the Customer.
(I)
Service Order Charge
A Service Order Charge applies, per order, for the Installation, addition, change,
rearrangement, or move of a Dedicated Service (in addition to the other applicable
Dedicated Transport tariff charges).
A Service Order Change Charge applies when the customer requests a change in
the Due Date of a Dedicated Transport service order. In addition, the Service
Order Change Charge applies in cases when there is no access to the customer’s
premises on the due data of a Dedicated Service and a new due date must be
established.
(J)
Service Call Charge
When a customer reports trouble to the Company for an interruption of service and
no trouble is found in the Company’s facilities, the customer may be responsible
for payment of a charge when the Company personnel are dispatched to the
customer premises until the interruption is determined and corrected. The
Company will advise the customer of the potential for charges prior to a premises
visit if the Customer reports the trouble. If the customer is not so advised the
customer shall not be charged for the visit. The customer will be notified of the
charges before any work is performed by the Company.
3.1.5
Rates and Charges
Per 3.1.4 (H) above, rates for these Dedicated Transport elements will be provided on an
ICB basis:
(A)
(B)
(C)
(D)
(E)
ISSUED: March 22, 2010
Channel Termination - (ICB)
Channel Mileage - (ICB)
Service Order Charges - (ICB)
Service Call Charge - (ICB)
Administrative Service Rearrangement - (ICB)
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 4-1
Replacing 1st Revised Page 4-1
ACCESS SERVICES TARIFF
4.
Switched Access Service
4.1
General
Switched Access Service, which is available to customers for their use in furnishing their services to
end users, provides a two-point electrical communications path between a customer's premises and
an end user's premises. It provides for the use of common terminating, switching and trunking
facilities, and for the use of common subscriber plant of the Company. Switched Access Service
provides for the ability to originate calls from an end user's premises to a customer's premises in the
LATA where it is provided. The application of rates for Switched Access Service is described in
Section 4.2 following:
4.2
Rate Elements
4.2.1
The rate elements that apply to Switched Access Service are as follows:
(A)
End Office Local Switching
(B)
Entrance Facility
(C)
Direct-Trunked Transport
(D)
Tandem-Switched Transport
(E)
Information Surcharge
(F)
Common Line
(G)
Data Base 800 Service
(H)
Multiplexing
(I)
Nonrecurring Charges
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 4-2
Replacing 1st Revised Page 4-2
ACCESS SERVICES TARIFF
4.
Switched Access Service (Cont’d)
4.2
Rate Elements (Cont’d)
4.2.2
End Office Local Switching
End Office Local Switching rate elements as described in (1) through (3) following,
provide for the local end office switching and end user termination functions necessary to
complete the transmission of Switched Access communications to and from the end users
served by the local end office.
(1)
The End Office Local Switching rate element provides for the following
functions:
Common Switching - Local end office switching associated with the feature
group switching arrangements.
Transport Termination - Line or Trunk side arrangements which terminate the
interoffice transport facilities.
Line Termination - Terminations for the end user Common Lines terminating in
the local end office.
Intercept - Termination of certain calls at the Company’s intercept recording.
The recording tells a caller why a call, as dialed, could not be completed, and if
possible, provides the new number.
ISSUED: March 22, 2010
(2)
The Dedicated End Office Port provides for each dedicated line or trunk
terminating in the end office port.
(3)
The Shared End Office Trunk Port rate element provides for the use of the
shared end office trunk ports for the termination of common transport trunks for
the tandem routed traffic.
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 4-3
Replacing 1st Revised Page 4-3
ACCESS SERVICES TARIFF
4.
Switched Access Service (Cont’d)
4.2
Rate Elements (Cont’d)
4.2.3
Entrance Facility
The Entrance Facility rate element provides for an Entrance Facility between the
customer’s premises and the ILEC serving wire center serving that premises, and the
Company’s central office and the ILEC serving wire center serving the Company’s
premises. The customer may contact the ILEC directly for the Entrance Facility or the
Company may provide the Entrance Facility upon the customer’s request. The Entrance
Facility rate element includes the transmission medium of the facility (e.g., wire or fiber)
as well as certain circuit equipment that is used at the ends of the facility and employed to
provision the channels on the transmission medium.
The Entrance Facility rate element also includes an interface group which defines the
technical characteristics and types of signaling capability associated with the connection
(i.e., voice grade, DS1, or DS3) that comprises the Entrance Facility.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 4-4
Replacing 1st Revised Page 4-4
ACCESS SERVICES TARIFF
4.
Switched Access Service (Cont’d)
4.2
Rate Elements (Cont’d)
4.2.4
Direct-Trunked Transport
The Direct-Trunked Transport rate element provides for a Direct-Trunked Transport
includes the transmission facility between a customer’s premises ILEC serving wire
center and the Company’s central office ILEC serving wire center when such facilities
are not switched through an access tandem. This includes the transmission medium itself
(e.g., wire or fiber) as well as certain circuit equipment that is used at the ends of the
interoffice links and employed to provision the channels on the transmission medium and
circuit equipment used within the network to manage the circuits at intermediate
locations.
The Direct-Trunked Transport rate element also provides for the transmission facilities
between the Company’s central office ILEC serving wire center and an ILEC hub office
other than a customer’s ILEC serving wire center.
The Direct-Trunked Transport rate element can also be used to provide the transmission
facilities between a customer’s premises ILEC serving wire center and an access tandem
for tandem routed services.
For the purposes of determining Direct-Trunked Transport mileage, distance will be
calculated as set forth in 4.3.3, following.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 4-5
Replacing 1st Revised Page 4-5
ACCESS SERVICES TARIFF
4.
Switched Access Service (Cont’d)
4.2
Rate Elements (Cont’d)
4.2.5
Tandem-Switched Transport
The Tandem-Switched Transport rate element provides for a Tandem-Switched Transport
facility between the access tandem and the Company’s central office where calls are
switched to originate or terminate. Tandem-Switched Transport includes the medium itself
(e.g., wire or fiber) as well as certain circuit equipment that is used at the ends of the
interoffice links and employed to derive the channels on the transmission medium and
circuit equipment used within the network to manage circuits at intermediate locations.
For the purposes of determining Tandem-Switched Transport mileage, distance will be
calculated as set forth in 4.3.3, following.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 4-6
Replacing 1st Revised Page 4-6
ACCESS SERVICES TARIFF
4.
Switched Access Service (Cont’d)
4.2
Rate Elements (Cont’d)
4.2.6
Information Surcharge
The Information Surcharge rate element provides for white page publication.
4.2.7
Common Line
Common Line is utilized for the provision of telecommunications services and allows
access to the Company’s common line facilities furnished to end users.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 4-7
Replacing 1st Revised Page 4-7
ACCESS SERVICES TARIFF
4.
Switched Access Service (Cont’d)
4.2
Rate Elements (Cont’d)
4.2.8
Data Base 800 Service
The Data Base 800 Service rate element applies on a per query basis. In addition,
standard Feature Group D charges apply. Data Base 800 Service, which is available to
all customers, is an originating offering which provides a carrier identification function
for numbers using the 800, 888, 877, etc. NPA (i.e., 800-NXX-XXXX). The carrier
identification function is performed using queries, which are routed using the Company's
CCS/SS7 network to the Company's Service Control Point (SCP).
4.2.9
Multiplexing
Multiplexing provides for the interconnection of transport facilities with different
capacities or bandwidth or when a customer requests to interconnect specific transport
facilities with the Company’s switches when the facilities capacity or bandwidth is
different.
4.2.10
Nonrecurring Charges
Switched Access Services are subject to nonrecurring installation charges associated with
the installation of the FGD trunk(s), Entrance Facility, Direct-Trunked Transport, and
Tandem-Switched Transport, on a first and additional basis, and a Switched Access
Service Order Charge, per order. The Nonrecurring Charges applicable for Switched
Access are specified in 4.3.4.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 4-8
Replacing 1st Revised Page 4-8
ACCESS SERVICES TARIFF
4.
Switched Access Service (Cont’d)
4.3
Rates and Charges
4.3.1
Rate Regulations
(A)
Monthly Recurring Rates
Monthly rates (including fixed and per mile rates) are flat recurring rates that
apply each month or fraction thereof that a specific rate element is provided.
For billing purposes, each month is considered to have thirty (30) days.
(B)
4.3.2
Usage rates for each line or trunk are rates that apply on a per unit basis (e.g.,
per call, per access minute, or per access minute per mile) when a specific rate
element is used. Usage charges are accumulated over a monthly period.
Minimum Periods
Switched Access Service is provided for a minimum period of one year.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 4-9
Replacing 1st Revised Page 4-9
ACCESS SERVICES TARIFF
4.
Switched Access Service (Cont’d)
4.3
Rates and Charges (Cont’d)
4.3.3
Mileage Measurement
The mileage to be used to determine the monthly rate or usage rate per mile for DirectTrunked Transport and Tandem-Switched Transport is calculated on an airline distance
between 1) the end office switch where the call carried by Direct-Trunked Transport
originates or terminates and the customer’s premises ILEC serving wire center, or 2) where
Direct-Trunked Transport is used between an access tandem and the customer’s premises
ILEC serving wire center, or 3) the end office switch where the call carried by TandemSwitched Transport originates or terminates and the access tandem.
Direct-Trunked Transport rates are shown in terms of fixed and per mile. To determine the
rate to be billed, first compute the mileage according to the following calculation, then
multiply the mileage by the per mile rate element. If the calculation results in a fraction of
a mile, always round up to the next whole mile before applying the rates. Second, add the
fixed rate with the total per mileage rate to determine the total monthly rate for DirectTrunked Transport.
Tandem-Switched Transport rates are shown in terms of per minute and per minute mile.
To determine the rate to be billed, first compute the mileage according to the following
calculation, then multiply the mileage by the per minute mile rate element. If the
calculation results in a fraction of a mile, always round up to the next whole mile before
applying the rates. Second, add the per minute rate with the total per minute mileage rate to
determine the total per minute rate for Tandem-Switched Transport.
Mileage Formula
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
3rd Revised Page 4-10
Replacing 2nd Revised Page 4-10
ACCESS SERVICES TARIFF
4.
Switched Access Service (Cont’d)
4.3
Rates and Charges (Cont’d)
4.3.4
Recurring Charges
(A)
(B)
(C)
(D)
End Office Local Switching
Local Switching - Per Minute
Dedicated End Office Port - Per Port Per Month
Shared End Office Trunk Port - Per Minute
$0.005670
$21.30
$0.001274
Entrance Facility
Voice Grade 2-Wire - Each
Voice Grade 4-Wire - Each
DS1 - Each
DS3 Optical - Each
DS3 Electrical – Each
$25.00
$40.00
$165.00
$1,696.04
$1,884.49
Direct-Trunked Transport
Voice Grade - Fixed - 0 Mile
Voice Grade - Fixed - Over 0 Mile
Voice Grade - Per Mile - 0 Mile
Voice Grade - Per Mile - Over 0 Mile
DS1 - Fixed - 0 Mile
DS1 - Fixed - Over 0 Mile
DS1 - Per Mile - 0 Mile
DS1 - Per Mile - Over 0 Mile
DS3 - Fixed - 0 Mile
DS3 - Fixed - Over 0 Mile
DS3 - Per Mile - 0 Mile
DS3 – Per Mile – Over 0 Mile
$0.00
$17.46
$0.00
$1.12
$6.04
$50.00
$0.00
$16.80
$0.00
$717.00
$0.00
$103.00
Tandem Switched Transport
Rate per Minute
Rate per Minute Mile
$0.000276
$0.000030
(E)
Information Surcharge – Per Minute
$0.000470
(F)
Carrier Common Line – Per Minute
$0.005040
(G)
800 Data Base Query - Each
$0.002531
(H)
Multiplexing
DS1 to Voice Grade - Per Multiplexer
DS3 to DS1 - Per Multiplexer
ISSUED: March 22, 2010
(R )
$180.00
$815.00
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 4-11
Replacing 1st Revised Page 4-11
ACCESS SERVICES TARIFF
4.
Switched Access Service (Cont’d)
4.3
Rates and Charges (Cont’d)
4.3.4
Recurring Charges (Cont’d)
(I)
4.3.5
Interconnection Charge – Per Minute
$.000000
Nonrecurring Charges
(A)
(B)
(C)
(D)
Entrance Facility
Voice Grade 2-Wire - First
Voice Grade 2-Wire - Additional
Voice Grade 4-Wire - First
Voice Grade 4-Wire - Additional
DS1 - First
DS1 - Additional
DS3 - First
DS3 - Additional
$166.00
$116.00
$201.00
$149.00
$600.00
$456.00
$605.00
$496.00
Direct-Trunked Transport 1
Voice Grade - First
Voice Grade - Additional
DS1 - First
DS1 - Additional
DS3 - First
DS3 - Additional
$181.00
$157.00
$408.00
$314.00
$473.00
$341.00
Tandem-Switched Transport 1
Voice Grade - First
Voice Grade - Additional
DS1 - First
DS1 - Additional
DS3 - First
DS3 - Additional
$181.00
$157.00
$408.00
$314.00
$473.00
$341.00
Installation Charge
Per FGD Trunk per Order – First DSO
Per FGD Trunk per Order – Add’l DSO
(E)
$33.25
$28.50
Multiplexing
DS1 to Voice Grade
DS3 to DS1
ISSUED: March 22, 2010
$0.00
$202.00
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
2nd Revised Page 4-12
Replacing 1st Revised Page 4-12
ACCESS SERVICES TARIFF
4.
Switched Access Service (Cont’d)
4.4
Rates and Charges (Cont’d)
4.3.4
Nonrecurring Charges (Cont’d)
(F)
1
Switched Access Order Charge
Per Order
$17.00
Nonrecurring Charge does not apply if ordered with the Entrance Facility.
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
OKLAHOMA TARIFF NO. 2
1st Revised Page 5-1
Replacing Original Page 5-1
(AT)
ACCESS SERVICES TARIFF
5.
Miscellaneous Services
5.1 Carrier Service Order Charge – Local Service
5.1.1
Description
This charge applies when a carrier submits a Local Service Request (LSR) to switch a
customer’s local service from the Company to the requesting carrier. LSRs may be
submitted manually or electronically. This charge applies when LSR rates have not been
established pursuant to an interconnection agreement between NuVox and the requesting
carrier.
5.1.2
Rates
Manual LSR
Mechanized LSR
$23.38
$3.33
(AT)
ISSUED: March 22, 2010
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
WINDSTREAM NUVOX OKLAHOMA, INC.
ISSUED: March 22, 2010
OKLAHOMA TARIFF NO. 2
EFFECTIVE: March 22, 2010
By: Edward J. Cadieux, Vice President - Senior Regulatory Counsel
12400 Olive Blvd., Suite 430
St. Louis, MO 63141
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