D E Systems, Inc. Competitive Access Provider Tariff #9

D E Systems, Inc. Competitive Access Provider Tariff #9

Windstream D&E Systems, Inc.

Competitive Access Provider Tariff PA PUC No. 9

Original Title Page

Windstream D&E SYSTEMS, INC.

COMPETITIVE ACCESS PROVIDER TARIFF

FOR

SERVICE IN THE COMMONWEALTH OF PENNSYLVANIA

This Tariff cancels and supercedes the

D&E Systems, Inc.

PA P.U.C. No. 8 Competitive Access Provider Tariff.

This Tariff Establishes Rates and Regulations for Private Line Services. This Tariff is in concurrence with all applicable State and Federal Laws (including, but not limited to, 52 Pa. Code, 66 Pa. C.S., the Telecommunications

Act of 1996) and with the Pennsylvania Public Utility Commission’s applicable Rules and Regulations and Orders.

Any provisions contained in this Tariff that are inconsistent with the foregoing mentioned will be deemed inoperative and superseded.

Issued by: Mike Rhoda, Vice President

4001 Rodney Parham Road

Little Rock, Arkansas 72212

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

COMPETITIVE ACCESS PROVIDER TARIFF

TABLE OF CONTENTS

Description

2.3

2.4

2.5

2.6

2.7

2.8

2.9

2.10

2.11

2.12

2.13

2.14

2.15

1.0

2.0

2.1

2.2

Title Page

Table of Contents

Check Sheet

Index

Application of Tariff

Explanation of Symbols

Principal Office

Abbreviations

Definition of Terms

Rules and Regulations

Description of Service

Application for Service

2.16

2.17

2.18

2.19

2.20

-

-

-

-

-

-

-

-

-

-

Discontinuance of Service

Deposits

Notice

Payment

Disputed Bills

Discontinuance and Restoration of Service

Optional Rates and Information Provided to the Public

Temporary Service

Continuity of Service

Service Connections and Facilities on Customer's Premises

Tests and Adjustment of Bills for Error

Supply to Separate Premises and Resale

Ownership of Facilities

Rights of Way

Services Provided by Other Carriers

Governmental Authorizations

Term

Moves, Adds, and Changes

PA PUC Tariff No. 9

Original Sheet No. 1

Page

Number

15

15

16

16

11

11

12

12

17

17

27

28

29

29

29

30

30

30

8

9

7

7

4

6

1

3

11

11

11

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

COMPETITIVE ACCESS PROVIDER TARIFF

TABLE OF CONTENTS

(continued)

Description

4.0

5.0

6.0

6.1

6.2

7.0

3.0

3.1

3.2

3.3

3.4

3.5

3.6

3.7

Private Line Services

Services Offered

Basic and Mixed Vendor Services

DS3 Service

DS1 Service

DS0 Service

Rates for Private Line Services

Non-Standard Offerings

Virtually Interconnected Collocation

Promotional Offerings

Labor Charges

Additional Labor

Miscellaneous Services

Individual Case Basis Arrangements

PA PUC Tariff No. 9

Original Sheet No. 2

Page

Number

31

31

31

32

48

49

50

50

33

36

40

47

52

53

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

COMPETITIVE ACCESS PROVIDER TARIFF

CHECK SHEET

Current pages in this tariff are as follows:

27

28

29

30

22

23

24

25

26

15

16

17

18

19

20

21

11

12

13

14

7

8

9

10

Page

1

2

3

4

5

6

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Revision

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

41

42

43

44

37

38

39

40

Page

31

32

33

34

35

36

45

46

47

48

49

50

51

52

53

Revision

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

Original

PA PUC Tariff No. 9

Original Sheet No. 3

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 4

COMPETITIVE ACCESS PROVIDER TARIFF

INDEX

SUBJECT

Allowances for Interruptions in Service .........................................................................................................

Application for Service .....................................................................................................................................

Basic and Mixed Vendor Services .................................................................................................................

Collocated Interconnection .............................................................................................................................

Continuity of Service ........................................................................................................................................

Definitions .........................................................................................................................................................

Deposits ............................................................................................................................................................

Description of Service .....................................................................................................................................

Discontinuance of Service ..............................................................................................................................

Discontinuance and Restoration of Service .................................................................................................

Disputed Bills ....................................................................................................................................................

DS1 Service (1.5 Mbps) ..................................................................................................................................

DS3 Service (44.7 Mbps) ...............................................................................................................................

DSO Service ....................................................................................................................................................

General .............................................................................................................................................................

Governmental Authorizations .........................................................................................................................

Individual Case Basis Arrangements ............................................................................................................

Moves, Adds and Changes ............................................................................................................................

Notice ................................................................................................................................................................

Non-Standard Offerings ..................................................................................................................................

Optional Rates and Information Provided to the Public ..............................................................................

Ownership of Facilities

SECTION

2.6

2.2

3.2

4.0

2.11

1.0

2.4

2.1

2.3

2.8

2.7

3.4

3.3

3.5

4.1

2.18

7.0

2.20

2.5

3.7

2.9

2.15

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 5

COMPETITIVE ACCESS PROVIDER TARIFF

INDEX

(continued)

SUBJECT

Payment ...........................................................................................................................................................

Preliminary Service Offerings .........................................................................................................................

Private Line Service .........................................................................................................................................

Promotional Offerings .....................................................................................................................................

Rates for Private Line Service ........................................................................................................................

Rights-of-Way ..................................................................................................................................................

Rules and Regulations ....................................................................................................................................

Services Offered ..............................................................................................................................................

Services Provided by Other Carriers .............................................................................................................

Service Connections and Facilities on Customer's Premises ....................................................................

Supply to Separate Premises and Resale ...................................................................................................

Temporary Service ..........................................................................................................................................

Term ..................................................................................................................................................................

Tests and Adjustment of Bills for Error ..........................................................................................................

Virtually Interconnected Collocation ..............................................................................................................

SECTION

2.6

5.0

3.0

6.0

3.6

2.16

2.0

3.1

2.17

2.12

2.14

2.10

2.19

2.13

4.0

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

COMPETITIVE ACCESS PROVIDER TARIFF

PA PUC Tariff No. 9

Original Sheet No. 6

APPLICATION OF TARIFF

This tariff sets forth the service offerings, rates, terms and conditions applicable to the furnishing of intrastate pointto-point Competitive Access Provider service within the Commonwealth of Pennsylvania.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

COMPETITIVE ACCESS PROVIDER TARIFF

I

C

D

EXPLANATION OF SYMBOLS

The following symbols are used for the purposes indicated below.

-

-

-

To signify changed regulation

To signify decreased rate

To signify increased rate

PA PUC Tariff No. 9

Original Sheet No. 7

PRINCIPAL OFFICE

Windstream D&E Systems, Inc.’s principal office is located at:

4001 Rodney Parham Road

Little Rock, Arkansas 72212

This Tariff is available for public inspection at the above business address during regular business hours.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

FCC

Kbps

LDC

LEC

Mbps

PA PUC

Company or Carrier

COMPETITIVE ACCESS PROVIDER TARIFF

ABBREVIATIONS

-

-

-

-

-

-

-

Federal Communications Commission

Kilobits per second

Local Distribution Channel

Local Exchange Carrier

Megabits per second

Pennsylvania Public Utility Commission

D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 8

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 9

COMPETITIVE ACCESS PROVIDER TARIFF

1.0

DEFINITION OF TERMS

Certain terms used generally throughout this tariff for telecommunications service of this Company are defined below.

Authorized User:

A person, firm or corporation which is authorized by the Customer or joint user to be connected to the service of the Customer or joint user, respectively. An authorized user must be specifically named in the application for service.

Bit:

The smallest unit of information in the binary system of notation.

Company:

D&E Systems, Inc. d/b/a D&E Communications.

Customer:

The person, firm or corporation which orders service and is responsible for the payment of charges and compliance with the terms and conditions of this tariff.

Dedicated:

A facility or equipment system or subsystem set aside for the sole use of a specific Customer.

Individual Case Basis:

A service arrangement in which the regulations, rates and charges are developed based on the specific circumstances of the case.

Joint User:

A person, firm or corporation which is designated by the Customer as a user of Company’s service furnished to the Customer and to whom a portion of the charges for the service will be billed under a joint user arrangement as specified herein.

Kbps:

Kilobits per second, denotes thousands of bits per second.

Mbps:

Megabits per second, denotes millions of bits per second.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 10

COMPETITIVE ACCESS PROVIDER TARIFF

Premises:

The space occupied by a Customer or authorized user in a building or buildings.

Rate Demarcation Point (RDP or DEMARC):

The point where network access recurring charges and Telephone

Company responsibility stop and beyond which customer responsibility begins.

Shared:

A facility or equipment system or subsystem which can be used simultaneously by several Customers.

D&E Systems, Inc. Facility:

The equipment and support facilities utilized by D&E Systems, Inc. to provide telecommunications services pursuant to this tariff.

User:

An Authorized User, Customer, or Joint User at whose Premises the Company furnishes service.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 11

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

2.1

2.2

2.3

2.4

RULES AND REGULATIONS

Description of Service

Company’s service consists of any of the services offered pursuant to this tariff. Service is offered via the

Company's facilities or in combination with transmission facilities provided by other parties.

Application for Service

Customers desiring to obtain Company's service must complete the Company's standard service order form(s).

Discontinuance of Service

A Customer whose service has been discontinued for non-payment of bills will be required to pay the unpaid balance due Company and may be required to pay reconnect charges.

Deposits

Company may require a Customer to make a deposit to be held as a guarantee for the payment of charges. A deposit does not relieve the Customer of the responsibility for the prompt payment of bills on presentation. The deposit will not exceed an amount equal to:

(i) Two month's charges for a service or facility which has a minimum payment period of one month, or

(ii) The charges that would apply for the minimum payment period for a service or facility which has a minimum payment period of more than one month, except that the deposit may include an additional amount in the event that a termination charge is applicable.

When a service or facility is discontinued, the amount of a deposit, if any, will be applied to the Customer's account and any credit balance remaining will be refunded. Before the service or facility is discontinued, the Company may, at its option, return the deposit or credit it to the Customer's account.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 12

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

2.4

2.5

RULES AND REGULATIONS

(continued)

Deposits (continued)

Interest rates on customer deposits are calculated based on the rates of the interest posted for 1-year U.S.

Treasury Bills for the months of September, October and November of the previous year.

Notice

Notice shall be deemed properly given if delivered in person or when deposited with the U.S. Postal

Service.

2.6

Payment

The Customer is responsible for the payment of all charges for facilities and services furnished to the

Customer or to authorized or joint users.

2.6.1

Taxes

Customer shall pay all sales, use, gross receipts, excise, access, bypass, or other local, state and federal taxes, charges, or surcharges, however designated, imposed on or based upon the provision, sale or use of the services (excluding taxes on the Company's net income). Such taxes shall be separately stated on the applicable invoice.

2.6.2

Billing and Collection of Charges

At such time as the Company completes installation or connection of the necessary facilities and/or equipment to provide D&E Systems, Inc.'s service, the Company shall conduct appropriate tests thereon.

Upon successful completion of such tests the Company shall notify the Customer that such services are available for use, and the date of such notice shall be called the "Service Date" and shall be the starting date for billing.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 13

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

RULES AND REGULATIONS

(continued)

2.6.2

Billing and Collection of Charges (continued)

Customer shall pay the amount(s) as specified in the tariff for the services. Nonrecurring charges, including construction, are due in advance. Fixed recurring charges shall be billed in advance after the service date is determined and will be due no later than thirty (30) days after the date of the invoice. Variable recurring charges and other charges shall be billed as incurred, and will be due no later than thirty (30) days after the date of the invoice. Any amount not received within the thirty (30) day period will be subject to the

Company's standard late charge of 1.25% per month, or, if lower, the legal limit applicable to such charges.

In the event that the Company's computerized usage recording system fails or is otherwise unavailable for all or part of any billing period, the Company shall be entitled to make a reasonable estimate of the

Customer's usage of services in the period in question based upon the average of the Customer's last three billing periods.

When service does not begin on the first day of the month, or end on the last day of the month, the charge for the fraction of the month service was furnished will be calculated on a pro rata basis. For this purpose, every month is considered to have thirty (30) days.

2.6.3

Allowances for Interruptions in Service

Interruptions in service, which are not due to the negligence of, or non-compliance with the provisions of this tariff by, the Customer or of an authorized or joint user, or to the operation or malfunction of the facilities, power or equipment provided by the Customer or authorized or joint user, will be credited to the

Customer for the part of the service that the interruption affects.

2.6.4

Credit for Interruptions

When service is interrupted for a period of at least 24 hours, the Company, after due notice by the

Customer, shall apply the following schedule of allowances.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 14

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

RULES AND REGULATIONS

(continued)

2.6.4

Credit for Interruptions (continued)

(A) One-thirtieth of the tariff monthly rate of all services and facilities furnished by the Telephone

Company rendered inoperative, useless or substantially impaired for each of the first three full 24 hour periods during which the interruption continues after notice by the Customer to the Company if the out-of-service extends beyond a minimum of 24 hours.

(B) Two-thirtieths of the tariff monthly rate for each full 24 hour period beyond the first three 24 hour periods referred to in Paragraph 2.6.5. However, in no instance shall the allowance for the out-ofservice period exceed the total charges in a billing period for the service and facilities furnished by the Company rendered useless or impaired.

When service is interrupted for a period of at least 24 hours due to storms, fires, floods or other conditions beyond the control of the Company, an allowance of one-thirtieth of the tariff monthly rate for all services and facilities furnished by the Company rendered inoperative or substantially impaired shall apply for each full 24 hours during which the interruption continues after notice by the Customer to the Company.

The Allowance described in this section shall not be applicable where service is interrupted by the negligence or willful act of the Customer to service or where the Company, pursuant to the terms of the contract for service, suspends or terminates service for non-payment of charges, or for unlawful or improper use of the facilities or service, or for any other reason provided for in the filed and effective tariff.

The preceding Rule applies only when service to the Rate Demarcation Point is interrupted.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 15

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

2.7

2.8

RULES AND REGULATIONS

(continued)

Disputed Bills

The Customer may dispute a bill by oral or written notice to the carrier delivered within 45 days after the statement date. Unless such notice is received in the timely fashion indicated above, the bill statement shall be deemed to be correct and payable in full by Customer. If the Customer is unable to resolve any dispute with the Company, then Customer may request information or assistance from the PA PUC.

Discontinuance and Restoration of Service

Upon non-payment of any charges or deposits owing to the Company, the Company will, by 10 days prior written notice to the Customer or upon other notice as required by PA PUC, discontinue or suspend service under this tariff without incurring any liability.

In no case will the Company discontinue service on Friday, Saturday, Sunday or on a Bank holiday or on a day preceding a bank holiday observed by the Company or on a day preceding such holiday or on a day observed by PA PUC

Upon violation of any of the other terms or conditions for furnishing service under this tariff, the Company, by 30 days prior notice in writing to the Customer, may discontinue or suspend service under this tariff, without incurring any liability.

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

Upon the Customer filing for bankruptcy or reorganization or failing to discharge an involuntary petition therefore within the time permitted by law, the Company may, to the extent permitted by law, immediately discontinue or suspend service under this tariff without incurring any liability.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 16

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

2.8

RULES AND REGULATIONS

(continued)

Discontinuance and Restoration of Service (continued)

If all or any significant portion of the facilities or associated equipment used to provide the service to

Customer shall be taken for any public or quasi-public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain, Company shall be entitled to elect to terminate service upon written notice to Customer.

2.9

Upon the Company's discontinuance of service to the Customer, the Company, in addition to all other remedies that may be available to the Company at law or in equity or under any other provision of this tariff, may declare all future monthly and other charges which would have been payable by the Customer during the remainder of the minimum term for which such services would have otherwise been provided to the

Customer to be immediately due and payable.

The use and restoration of service in emergencies shall be in accordance with Part 64, Subpart D of the

Federal Communications Commission's Rules and Regulations and the Regulations of the PA PUC which specify the priority system for such activities.

Optional Rates and Information Provided to the Public

The Company will advise its Customers 30 days prior to any increase in rates applicable to their service.

The Company will notify the Commission 7 days before any decrease in service rates will become effective.

Pertinent information regarding the Company's services, rates and charges shall be provided directly to

Customers, or shall be available for inspection at the Company's local business address.

2.10

Temporary Service

Temporary service is service that will be provided for short-term use only and when deemed necessary by the Company.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

COMPETITIVE ACCESS PROVIDER TARIFF

PA PUC Tariff No. 9

Original Sheet No. 17

2.0

RULES AND REGULATIONS

(continued)

2.11

Continuity of Service

In the event of prior knowledge of an interruption of service for a period exceeding one day, the Customers will, if feasible, be notified in writing, by mail, at least one week in advance.

2.12

Service Connections and Facilities on Customer's Premises

2.12.1 Provision of Equipment and Facilities

All services along the facilities between the point identified as the Company's origination point and the point identified as the Company's termination point will be furnished by the Company, its agents or contractors.

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

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

Equipment the Company provides or installs at the Customer's premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which the Company provided the equipment.

The Customer shall be responsible for the payment of service charges as set forth herein for visits by the

Company's agents or employees to the premises of the Customer, joint user, or authorized user when the service difficulty or trouble report results from the use of equipment or facilities the Customer, joint user, or authorized user provided.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 18

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

RULES AND REGULATIONS

(continued)

2.12.1 Provision of Equipment and Facilities (continued)

The Company shall not be responsible for the installation, operation, or maintenance of any Customer provided communications equipment. Where such equipment is connected to the facilities furnished pursuant to this tariff, the responsibility of the Company shall be limited to the furnishing of facilities offered under this tariff and to the maintenance and operation of such facilities; subject to this responsibility the

Company shall not be responsible for:

(i) The transmission of signals by Customer provided equipment or for the quality of, or defects in, such transmission; or

(ii) The reception of signals by Customer provided equipment.

The Customer, authorized user, or joint user is responsible for ensuring that Customer provided equipment connected to Company equipment and facilities is compatible with such Company equipment and facilities. The magnitude and character of the voltages and currents impressed on Company provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause damage to the Company provided equipment and wiring or injury to the Company's employees or to other persons. For any equipment which is not currently registered in compliance with FCC Part 68 rules, Customer will submit to Company a complete manufacturer's specification sheet for each item of equipment that is not provided by the Company and which shall be attached to the Company's facilities. The Company shall approve the use of such item(s) of equipment unless such item is technically incompatible with Company's facilities. Any additional protective equipment required to prevent such damage or injury shall be provided by the Company at the

Customer's expense.

Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing Company's service and the channels, facilities, or equipment of others shall be provided at the Customer's expense.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 19

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

RULES AND REGULATIONS

(continued)

2.12.1 Provision of Equipment and Facilities (continued)

Company's service may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs of the other communications carrier which are applicable to such connections.

2.12.2 Shortage of Equipment or Facilities

The Company reserves the right to limit or to allocate the use of existing facilities, or of additional facilities offered by the Company, when necessary because of a lack of facilities, or due to any other cause beyond the Company's control. 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 carriers to furnish service from time to time as required at the sole discretion of the Company.

2.12.3 Prohibited Uses

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

The Company may require applicants for service who intend to use the Company's offerings for resale and/or for shared use to file a letter with the Company confirming that their use of the Company's offerings complies with relevant laws and PA PUC regulations, policies, orders, and decisions.

The Company may, without obtaining any further consent from the Customer, assign any rights, privileges, or obligations under this tariff.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 20

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

RULES AND REGULATIONS

(continued)

2.12.3

Prohibited Uses (continued)

The Customer shall not, without prior written consent of the Company, which consent shall not be unreasonably withheld, assign, transfer, or in any other manner dispose of, any of its rights, privileges, or obligations under this tariff, and any attempt to make such an assignment, transfer, disposition without consent shall be null and void.

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

A Customer may not use the services so as to interfere with or impair service over any facilities and associated equipment, or so as to impair the privacy of any communications over such facilities and associated equipment.

Customer use of any resold service obtained from other service providers shall also be subject to any applicable restrictions in the underlying providers' publicly available tariffs.

A Customer, joint user, or authorized user shall not represent that its services are provided by the

Company, or otherwise indicate to its Customers that its provision of services is jointly with the Company, without the written consent of the Company. The relationship between the Company and Customer shall not be that of partners or agents for one or the other, and shall not be deemed to constitute a partnership or agency agreement.

2.12.4 Non-Routine Installation

At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in hazardous locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company will apply as specified in Section 6 of this tariff. If installation is started during regular business hours but, at the Customer's request, extends beyond regular business hours into time periods including, but not limited to, weekends, holidays, and/or night hours, additional charges may apply.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 21

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

RULES AND REGULATIONS

(continued)

2.12.5 Special Construction

Subject to the agreement of the Company and to all of the regulations contained in this tariff, special construction of facilities may be undertaken on a reasonable efforts basis at the request of the Customer based on cost of materials and at labor rates specified in Section 6 of this tariff.

Special construction is that construction undertaken;

(i) where facilities are not presently available, and there is no other requirement for the facilities so constructed;

(ii) of a type other than that which the Company would normally undertake in the furnishing of its services;

(iii) over a route other than that which the Company would normally utilize in the furnishing of its services;

(iv) in a quantity greater than that which the Company would normally construct;

(v) on an expedited basis;

(vi) on a temporary basis until permanent facilities are available;

(vii) involving abnormal costs; or

(viii) in advance of its normal construction.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 22

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

RULES AND REGULATIONS

(continued)

2.12.6 Obligations of the Customer

The Customer shall be responsible for:

(i) The payment of all applicable charges as set forth in this tariff.

(ii) Damage or loss of the Company's facilities or equipment caused by the acts or omissions of the

Customer, authorized user, or joint user or the non-compliance by the Customer, authorized user, or joint user with these regulations; or by fire or theft or other casualty on the premises of the

Customer, authorized user, or joint user unless caused by the negligence or willful misconduct of the employees or agents of the Company;

(iii) Providing as specified from time to time by the Company any needed equipment, space or power to operate Company facilities and equipment installed on the premises of the Customer, authorized user, or joint user and the level of heating and air conditioning necessary to maintain the proper environment on such premises.

(iv) Obtaining, maintaining, and otherwise having full responsibility for all rights of way and conduit necessary for installation of facilities and associated equipment used to provide Advanced

Communications Service to the Customer, authorized user, or joint user from the point of entry to the termination point of the Customer's premises. Any and all costs associated with the obtaining and maintaining of the rights of way described herein, including the costs of altering the structure to permit installation of the Company provided facilities, shall be borne entirely by, or may be charged by the Company to the Customer. The Company may require the Customer to demonstrate its compliance with this section prior to accepting an order for service.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 23

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

RULES AND REGULATIONS

(continued)

2.12.6 Obligations of the Customer (continued)

(v) Providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installing or maintaining the Company's facilities and equipment. The Customer may be required to install and maintain Company facilities and equipment within a hazardous area if harm to the Company's employees or property might result from installation or maintenance by the Company.

(vi) Complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses and permits as may be required with respect to, the location of Company facilities and equipment in any Customer premises or the rights-of-way for which the Customer is responsible, and obtaining permission for Company agents or employees to enter the premises of the

Customer, authorized user, or joint user at any reasonable hour for the purpose of installing, inspecting, repairing, or, upon termination of service as stated herein, removing the facilities or equipment of the Company;

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

(viii) Keeping the Company's equipment/facilities located on the Customer's premises or rights-of-way obtained by the Customer free and clear of any liens or encumbrances relating to the Customer's use of the Company's services or from the locations of such equipment/facilities.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 24

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

RULES AND REGULATIONS

(continued)

2.12.7 Liability of the Company

Because the Customer has exclusive control of its communications over the services furnished by the

Company, and because interruptions and errors incident to these services are unavoidable, the services the Company furnishes are subject to the terms, conditions, and limitations specified in this tariff and to such particular terms, conditions, and limitations as set forth in the special regulations applicable to the particular services and facilities furnished under this tariff.

The liability of the Company for damages arising out of the furnishing of these services, including but not limited to mistakes, omissions, interruptions, delays, or errors or other defects, representations, or use of these services or arising out of the failure to furnish the service, whether caused by acts of commission or omission, shall be limited to the extension of allowances for interruption. The extension of such allowances for interruption shall be the sole remedy of the Customer, authorized user, or joint user and the sole liability of the Company. The Company will not be liable for any special, consequential, exemplary or punitive damages a Customer may suffer.

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

The Company shall not be liable for any act or omission of any entity furnishing to the Company or to the

Company's Customers facilities or equipment used for or with the services the Company offers.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 25

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

RULES AND REGULATIONS

(continued)

2.12.7 Liability of the Company (continued)

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

The Company shall not be liable for the claims of vendors supplying equipment to Customers of the

Company which may be installed at premises of the Company nor shall the Company be liable for the performance of said vendor or vendor's equipment.

The Company does not guarantee nor make any warranty with respect to installations it provides for use in an explosive atmosphere. The Customer indemnifies and holds the Company harmless from any and all loss, claims, demands, suits, or other action, or any liability whatsoever, whether suffered, made, instituted, or asserted by any other party or person(s), and for any loss, damage, or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal, presence, condition, location, or use of any installation so provided.

The Company is not liable for any defacement of or damage to the premises of a Customer (or authorized or joint user) resulting from the furnishing of services or equipment on such premises or the installation or removal thereof, when such defacement or damage is not the result of negligence or willful misconduct on the part of the agents or employees of the Company.

The Company shall not be liable for any damages resulting from delays in meeting any service dates due to delays resulting from normal construction procedures. Such delays shall include, but not be limited to, delays in obtaining necessary regulatory approvals for construction, delays in obtaining right-of-way approvals and delays in actual construction work.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 26

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

RULES AND REGULATIONS

(continued)

2.12.7

Liability of the Company (continued)

The Company shall not be liable for any damages whatsoever to property resulting from the installation, maintenance, repair or removal of equipment and associated wiring unless the damage is caused by the

Company's willful misconduct or negligence.

The Company shall not be liable for any damages whatsoever associated with service, facilities or equipment which the Company does not furnish or for any act or omission of Customer or any other entity furnishing services, facilities or equipment used for, or in conjunction with, Company's service.

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED

EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING

WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE, EXCEPT THOSE

EXPRESSLY SET FORTH HEREIN.

2.12.8 Claims

The Customer and any authorized or joint users, jointly and serially, shall indemnify and hold the

Company harmless from claims, loss, damage, expense (including attorneys fees and court costs), or liability for patent infringement arising from (1) combining with, or using in connection with facilities the

Company furnished, facilities the Customer, authorized user, or joint user furnished or (2) use of facilities the Company furnished in a manner the Company did not contemplate and over which the Company exercises no control; and from all other claims, loss, damage, expense (including attorneys fees and court costs), or liability arising out of any commission or omission by the Customer, authorized user, or joint user in connection with the service. In the event that any such infringing use is enjoined, the Customer, authorized user, or joint user, at its option and expense, shall obtain immediately a dismissal or stay of such injunction, obtain a license or other agreement so as to extinguish the claim of infringement, terminate the claimed infringing use, or modify such combination so as to avoid any such infringement.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 27

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

RULES AND REGULATIONS

(continued)

2.12.8 Claims (continued)

In addition and without limitation, the Customer, authorized user, or joint user shall defend, on behalf of the

Company and upon request by the Company, any suit brought or claim asserted against the Company for any such slander, libel, infringement, or other claims.

2.12.9

Station Equipment

2.13

Customer provided terminal equipment on the premises of the Customer, authorized user, or joint user, the operating personnel there, and the electric power consumed by such equipment shall be provided by and maintained at the expense of the Customer, authorized user, or joint user. Conformance of Customer provided station equipment with Part 68 of the FCC Rules is the responsibility of the Customer.

Tests and Adjustment of Bills for Error

2.13.1 Testing and Adjusting

Upon suitable notice, the Company may make such tests, adjustments, and inspections as may be necessary to maintain the Company's facilities in satisfactory operating condition. No interruption allowance will be credited to the Customer for the period during which the Company makes such tests, adjustments, or inspections.

2.13.2 Inspections

Upon suitable notification to the Customer, and at a reasonable time, the Company may make such tests and inspections as may be necessary to determine that the Customer, authorized user, or joint user is complying with the requirements set forth above for the installation, operation, and maintenance of

Customer provided facilities, equipment, and wiring in the connection of Customer provided facilities and equipment to company owned facilities and equipment.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 28

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

RULES AND REGULATIONS

(continued)

2.13.2 Inspections (continued)

2.14

If the protective requirements for Customer provided equipment are not being complied with, the

Company may take such action as it deems necessary to protect its facilities, equipment, and personnel.

The Company will notify the Customer promptly if there is any need for further corrective action. Within ten (10) days of receiving this notice, the Customer must take such action. If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment, and personnel from harm.

Supply to Separate Premises and Resale

Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing Company services and the channels, facilities, or equipment of others shall be provided at the Customer's expense.

Company's service may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs of the other communications carrier which are applicable to such connections.

2.14.1 Interconnection Provisions

Facilities furnished under this tariff may be connected to Customer provided terminal equipment in accordance with the provisions of this tariff.

2.14.2 Joint Use Arrangements

Joint use arrangements will be permitted for all services offered pursuant to this tariff. From each joint use arrangement, one member will be designated the Customer responsible for the manner in which the joint use of the service will be allocated. The Company will accept orders to start, rearrange, relocate, or discontinue service only from this Customer. Without affecting the Customer's ultimate responsibility for payment of all charges of the service, each joint user shall be responsible for the payment of the charges billed to it.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 29

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

2.15

2.16

2.17

RULES AND REGULATIONS

(continued)

Ownership of Facilities

Title to all facilities provided in accordance with this tariff remains in the Company, its agents or contractors. The Customer shall not have, nor shall it assert, any right, title or interest in all the fiber optic or other facilities and associated equipment provided by the Company hereunder.

Rights-of-Way

Where economically feasible, the Company shall directly or through third parties use reasonable efforts to obtain and maintain rights-of-way necessary for installation of facilities used to provide Company's services. Except as otherwise provided herein, any and all costs associated with acquiring the rights-ofway up to the point of entry to the Customer's location shall be borne entirely by the Company. Any and all costs associated with obtaining and maintaining of the rights-of-way from the point of entry at the

Customer's location to the termination point where service is finally delivered to the Customer, including, but not limited to, the costs of installing conduit or of altering the structure to permit installation of Company provided facilities, shall be borne entirely by the Customer. The Customer's use of such rights-of-way shall in all respects be subject to the terms, conditions and restrictions of such rights-of-way and of agreements between the Company and such third parties relating thereto, including without limitation, the duration applicable to and the condemnation of such rights-of-way, and shall not be in violation of any applicable governmental ordinance, law, rule, regulation or restriction. Where applicable, the Customer agrees that it shall assist the Company in the procurement and maintenance of such right-of-way.

Services Provided by Other Carriers

The Company shall have no responsibility with respect to billings, charges or disputes related to services used by the Customer which are not included in the services herein including, without limitation, any local, regional and long distance services not offered by the Company. The Customer shall be fully responsible for the payment of any bills for such services and for the resolution of any disputes or discrepancies with the service provider.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 30

COMPETITIVE ACCESS PROVIDER TARIFF

2.0

2.18

2.19

2.20

RULES AND REGULATIONS

(continued)

Governmental Authorizations

The provision of Company's services is subject to and contingent upon the Company obtaining and retaining such approvals, consents, governmental authorizations, licenses and permits, as may be required or be deemed necessary by the Company. The Company shall use reasonable efforts to obtain and keep in effect all such approvals, consents, authorizations, licenses and permits that may be required to be obtained by it. The Company shall be entitled to take, and shall have no liability whatsoever for, any action necessary to bring the services into conformance with any rules, regulations, orders, decisions, or directives imposed by the PA PUC or other applicable agency, and the Customer shall fully cooperate in and take such action as may be requested by the Company to comply with any such rules, regulations, orders, decisions, or directives.

Term

The minimum term for any of Company's service offered hereunder shall not be less than one month, unless otherwise agreed by the Company. The Customer and Company may agree to longer minimum terms for particular services.

Moves, Adds, and Changes

Upon receipt of written notice from the Customer, the Company will add, delete or change locations or features of specific lines and equipment. The Company shall charge the Customer a non-recurring charge for such service. In the event that in excess of 10% of the lines and equipment that were installed are deleted, the Customer will be subject to the Company's standard termination charges as per the

Customer contract.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

3.0

3.1

3.2

PA PUC Tariff No. 9

Original Sheet No. 31

COMPETITIVE ACCESS PROVIDER TARIFF

PRIVATE LINE SERVICES

Private Line Services consist of the services offered pursuant to this section. Each service is offered independent of the others. Service is offered via the Company's facilities for the transmission of one-way and two-way communications, unless otherwise noted.

Services Offered

The following private line services are offered in this tariff:

DS3

DS1

DS0

Service

Service

Service

(44.7 Mbps)

(1.5 Mbps)

(up to 64 kbps)

Private Line Service will be provided by the Company at the rates set forth in this section or on an

Individual Case Basis (ICB).

Basic and Mixed Vendor Services

DS3 Service and DS1 Service may be provided as either Basic or Mixed Vendor Services, depending upon the availability of facilities. Basic Service rates apply when both endpoints of the channel are served by the Company's network. Mixed Vendor Service rates apply when one endpoint of the transmission channel is served by a local exchange carrier's network (Mixed Vendor Services are provided via a combination of the Company's facilities and local exchange carrier facilities).

DS3 and DS1 channels where both endpoints are served by a local exchange carrier's network will be provided at the sole discretion of the Company, on an Individual Case Basis (ICB).

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

3.0

3.3

PA PUC Tariff No. 9

Original Sheet No. 32

COMPETITIVE ACCESS PROVIDER TARIFF

PRIVATE LINE SERVICES

(continued)

DS3 Service (44.736 Mbps)

DS3 Service is composed of digital channels provided at 44.736 Mbps for the transmission of one-way and two-way communications. Interconnections to such channels and equipment interfacing to such channels shall meet the following technical characteristics:

Line Rate:

Line Code:

Test Load:

Power Levels:

44.736 Mbps +/- 20 ppm

Bipolar with three-zero substitution

75 ohms resistive +/- 5 percent

For an all-ones transmitted pattern, the power in a 2 KHz band about

22.368 KHz shall be -1.8 to +5.7 dBm and the power in a 2 KHz band about 44.736 MHZ shall be at least 20 dB below that in a 2 KHz band about 22.368 KHz.

NOTES:

1.

The power levels specified by CCITT Recommendation G.703 are identical except that the power is to be measured in 3 KHz bands.

Digital channels at 44.736 Mbps will be provided in one of the following configurations, as specified by the

Customer:

Clear Channel DS3: A DS3 signal that is transmitted intact and transparently as provided at the Customer interface. No performance monitoring is performed since all 44.736 Mbps are considered Customer data or voice.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

3.0

3.3

3.4

PA PUC Tariff No. 9

Original Sheet No. 33

COMPETITIVE ACCESS PROVIDER TARIFF

PRIVATE LINE SERVICES

(continued)

DS3 Service (44.736 Mbps) (continued)

M13 Framed DS3: A DS3 that is channelized into 28 DS1 (1.544 Mbps) signals and include a predefined standard multiplexing scheme as defined in ANSI T1.107a. The M13 DS3 contains parity bits which can be monitored to offer an approximate measure of performance. 43.232 Mbps is Customer data (or voice), the remainder being used for framing, synchronization, parity, etc.

C-bit Parity Framed DS3: A DS3 that can be used for subrated or non-subrated DS3 signals. This allows

DS3 signal monitoring for end-to-end performance measurement on an in-service basis, transmitted on the maintenance data communications channel. The C-bit parity format is defined in ANSI T1.107a.

43.232 Mbps is Customer data (or voice), the remainder being used for framing, synchronization, parity, etc.

DS1 Service (1.544 Mbps)

DS1 Service is composed of digital channels provided at 1.544 Mbps for the transmission of one-way and two-way communications. Interconnections to such channels and equipment interfacing to such channels shall meet the following technical characteristics:

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

3.0

3.4

PA PUC Tariff No. 9

Original Sheet No. 34

COMPETITIVE ACCESS PROVIDER TARIFF

PRIVATE LINE SERVICES

(continued)

DS1 Service (1.544 Mbps) (continued)

Line Rate:

Line Code:

Test Load:

Pulse Shape:

Power Levels:

Pulse Imbalance:

1.544 Mbps + 130 ppm

AMI: bipolar with at least 12.5% average ones density and no more than

15 consecutive zeros;

-- or –

B8ZS: no minimum density of ones and no consecutive zeros limit.

100 ohms resistance.

The pulse amplitude shall be between 2.4 and 3.6 volts.

For an all-ones transmitted pattern, the power in a 2 KHz band about

772 KHz shall be 12.4-18.0 dBm and the power in a 2 KHz band about

1544 KHz shall be at least 29 dB below that in a 2 KHz band about 771

KHz.

There shall be less than 0.5 dB difference between the total power of the positive pulses and the negative pulses.

NOTES:

1.

2.

3.

The CCITT specification is +/- 50 ppm.

Recommended for new equipment: The power in a 2 KHz band about 772 KHz shall be

12.6-17.9 dBm. CCITT requirements: The power in a 3 KHz band about 772 KHz is

12.0-19.0 dBm.

CCITT requirements: The power in a 3 KHz band about 1544 KHz shall be at least 25 dB below that in a 3 KHz band about 772 KHz.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 35

COMPETITIVE ACCESS PROVIDER TARIFF

3.0

3.4

PRIVATE LINE SERVICES

(continued)

DS1 Service (1.544 Mbps) (continued)

Digital channels at 1.544 Mbps will be provided in one of the following configurations, as specified by the

Customer:

Unframed DS1: A DS1 signal that does not follow standard framing formats of 192 bits for data and a

193rd bit for framing. An unframed DS1 cannot be synchronized to the network and is not performance monitored.

D4/SF DS1: A framed DS1 consisting of 12 frames (2316 bits) of 192 bits preceded by one framing bit (F bit). This service can be coded as AMI or B8ZS.

ESF DS1: Extends superframe structure from 12 to 24 frames (4632 bits) and redefines the 8 kbps pattern into 2 kbps for mainframe and robbed-bit signaling synchronization, 2 kbps for CRC-6 and 4 kbps for terminal-to-terminal data link. This service can be coded as AMI or B8ZS.

3.4.1 FANOUT DS1 Service

Fanout DS1 Service allows a Customer to aggregate up to 28 DS1 channels that terminate in the same location into a single DS3 Local Distribution Channel.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 36

COMPETITIVE ACCESS PROVIDER TARIFF

3.0

3.5

PRIVATE LINE SERVICES

(continued)

DS0 Service

DS0 Service is provided only where a customer orders hubbed DS0 Services into a DS1 Service. DS0

Services are Digital Channels furnished by the Company at transmission speeds of 2.4 kbps, 4.8 kbps,

9.6 kbps, 19.2 kbps, 56 kbps, 64 kbps, or in multiples of 56 kbps or 64 kbps up to 1.544 Mbps. Such channels will be configured by the Company to transmit digital data at specified data rates or analog signals converted to digital signals, as described below. Interconnections to such channels and equipment interfacing to such channels shall meet the technical characteristics described below in connection with each service configuration. The NCI Codes referenced below are defined in Bell

Communications Research (Bellcore) publication TR-NPL-000335.

3.5.1

Each DS0 channel will be provided in one of the following configurations, as specified by the Customer:

Effective 2-Wire Service:

Provides a digital transmission channel capable of normally carrying, among other information, the digitized representation of human speech. At the Company's point of interconnection with the User, the service will have the technical characteristics of a standard 2-wire analog telephone circuit. Specific configurations are as follows:

3.5.1.1 Private Line Manual Ringdown

2-wire, 600 ohm or 900 ohm, Loop Start with industry standard demarcation (NCI Code: 02AC2, 02AC3).

Provides a circuit connecting two specific locations, where signaling (i.e., ringing current) is provided externally by the Customer. A transmission can be originated from either end. Ringing at 20 Hz will be at industry-standard voltage and current.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 37

COMPETITIVE ACCESS PROVIDER TARIFF

3.0

PRIVATE LINE SERVICES

(continued)

3.5.1.2 Private Line Automatic Ringdown (PLAR)

2-wire, 600 ohm, Loop Start with industry standard demarcation (NCI Code: 02LR2). Provides a circuit connecting two specific locations, where signaling (ringing) is automatically generated by the Company upon off hook (transmission origination). Either end can originate the transmission. Ringing at 20 Hz will be at industry-standard voltage and current.

3.5.1.3 OPX/Tie Line/FX/Tie Trunk Private Lines

(OPX) - 2-wire, 600 ohm or 900 ohm, Loop Start, Ground Start, or E+M, with industry standard demarcation (Pose NCI Codes: 02LS2, 02LS3, 02GS2, 02GS3, 02LO2, 02GO2, 04EA2-M, 04EA2-E,

06EB2-M, 06EB2-E). The circuit will be transparent to OPX signaling (e.g., DP or MF dialing, ringing).

3.5.1.4 2-Wire Transmission Only

2-wire, 600 ohm, open loop (continuously connected) with industry standard demarcation (NCI Code:

02NO2). C4 conditioned circuit connecting two locations, typically used for voice-grade data services.

3.5.2 Effective 4-Wire Service

Provides a digital transmission channel capable of normally carrying, among other information, the digitized representation of human speech and duplex transmission of data converted to analog signals. At the Company's point of interconnection with the User, the service will have the technical characteristics of a standard 4-wire data-conditioned telephone circuit. Specific configurations are as follows:

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 38

COMPETITIVE ACCESS PROVIDER TARIFF

3.0

PRIVATE LINE SERVICES

(continued)

3.5.2.1 4-Wire Transmission Only

4-wire, 600 ohm, open loop (continuously connected), with industry standard demarcation. C4/D1 conditioned circuit, with separate transmit and receive wire pairs. (NCI Codes: 04N02, 04DA2.)

3.5.2.2 4-Wire Tie Line/Tie Trunk Private Lines

4-wire talk path, 600 ohm, with industry standard demarcation. Additional leads for signaling, supporting

Type I, II, and III E+M or reverse E+M. (Possible NCI Codes: 06EA2-M, 06EA2-E, 08EB2-M, 08EB2-E, and 08EC3.)

3.5.3

Digital Services

Provides a digital transmission channel capable of normally carrying synchronous digital data signals.

The following service configurations are available:

3.5.3.1 Low Speed Data Service

A 4-wire 135 ohm handoff. Provides a point-to-point, DDS-compatible full-duplex synchronous circuit operating at 2.4 Kbps, 4.8 Kbps, 9.6, or 19.2 Kbps, with error correction. Supports all DDS control codes.

Secondary channel is supported. (Possible NCI Codes: 04DU5-24, 04DU5-48, 04DU5-96, 04DU5-19).

3.5.3.2 56 Kbps Data Service

A 4-wire 135 ohm handoff. Provides a point-to-point, DDS-compatible full-duplex synchronous circuit operating at 56 Kbps. No error correction is provided. Supports all DDS control codes. Optional secondary channel is supported. (Possible NCI Code: 04DU5-56).

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 39

COMPETITIVE ACCESS PROVIDER TARIFF

3.0

PRIVATE LINE SERVICES

(continued)

3.5.3.3 64 Kbps Data Service

A 4-wire 135 ohm handoff. Provides point-to-point, 64 Kbps clear channel for a full-duplex synchronous data circuit. No error correction or in-band control codes are supported. (Possible NCI Code: 04DU5-

64).

3.5.3.4 [Reserved for future use]

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 40

COMPETITIVE ACCESS PROVIDER TARIFF

3.0

3.5.4

3.6

3.6.1

PRIVATE LINE SERVICES

(continued)

FANOUT DS0 Service

Fanout DS0 Service allows a Customer to aggregate up to 24 DS0 channels that terminate in the same location into a single DS1 Local Distribution Channel.

Rates for Private Line Service

General

Non-recurring and monthly recurring rates apply for each Digital Transmission Service furnished by the

Company. Monthly recurring rates vary according to the time period for which the Customer commits to take the service. Unless otherwise noted, three standard rate elements are used in calculating the monthly recurring rate for each service:

Local Distribution Channel (LDC): This rate element applies to each end-point of a digital channel provided to a Customer.

Interoffice Channel Mileage-Fixed: This rate element applies per digital channel whenever there is mileage associated with the channel; a digital channel has mileage associated with it when the endpoints of the channel are located in geographic areas normally served out of separate local exchange carrier

("LEC") end offices. This rate element applies per circuit endpoint.

Interoffice Channel Mileage-Per Mile: The unit rate is multiplied by the number of miles (Interoffice

Mileage) between the two LEC end offices serving the geographic areas in which the endpoints of the channel are located. Interoffice Mileage is determined according to the V&H coordinates method set forth in the NATIONAL EXCHANGE CARRIER ASSOCIATION, INC. TARIFF F.C.C. NO. 4.

Fractions of a mile are rounded up to the next whole mile before rates are applied.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 41

COMPETITIVE ACCESS PROVIDER TARIFF

3.0

3.6.2

PRIVATE LINE SERVICES

(continued)

Basic and Mixed Vendor Services

DS3 Service and DS1 Service may be provided as either Basic or Mixed Vendor Services, depending upon the availability of facilities. Basic Service rates apply when both endpoints of the channel are served by the Company's network. Mixed Vendor Service rates apply when one endpoint of the transmission channel is served by another carrier's network (Mixed Vendor Services are provided via a combination of the Company's facilities and another carrier's facilities).

DS3 and DS1 channels where both endpoints are served by a local exchange carrier's network will be provided at the sole discretion of the Company, on an Individual Case Basis (ICB).

3.6.3

DS3 SERVICE (44.736 Mbps)

3.6.3.1 Basic DS3 Service

This service consists of a DS3 (44.736 Mbps) capacity digital channel available on a 24 hour per day, 7 day per week basis between two points. There is a 1-year minimum service period for each Basic DS3.

(A) Local Distribution Channel: This rate element applies to each end-point of a transmission channel.

Basic Service

Non Recurring $200.80

Recurring (per month)

1 year

3 years

5 years

$1,780.11

$1,555.35

$1,526.55

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

COMPETITIVE ACCESS PROVIDER TARIFF

3.0

PRIVATE LINE SERVICES

(continued)

3.6.3.1 Basic DS3 Service (continued)

Mixed Vendor Service

Non Recurring

Recurring

1 year

3 years

5 years

$200.80

$1,780.11

$1,555.35

$1,526.55

(B) Interoffice Channel Mileage-Fixed:

Recurring (per month)

Basic Service

1 year 1 year

3 years

5 years

Mixed Vendor Service

1 year

3 years

5 years

(C) Interoffice Channel Mileage-Per Mile:

Recurring (per month per mile)

Basic Service

1 year

3 years

5 years

$456.18

$324.51

$308.51

$456.18

$324.51

$308.51

$114.35

$ 81.42

$ 76.62

PA PUC Tariff No. 9

Original Sheet No. 42

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

COMPETITIVE ACCESS PROVIDER TARIFF

3.0

PRIVATE LINE SERVICES

(continued)

3.6.3.1 Basic DS3 Service (continued)

3.6.4

(C) Interoffice Channel Mileage-Per Mile:

Recurring (per month per mile) (continued)

Mixed Vendor Service

1 year

3 years

5 years

$114.35

$ 81.42

$ 76.62

Basic DS1 Service (1.544 Mbps)

(A) Local Distribution Channel:

Basic Service

Non Recurring

Recurring (per month)

1 year

3 years

5 years

Mixed Vendor Service

Non Recurring

Recurring (per month)

1 year

3 years

5 years

$200.80

$153.46

$124.66

$115.86

$200.80

$153.46

$124.66

$115.86

PA PUC Tariff No. 9

Original Sheet No. 43

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

COMPETITIVE ACCESS PROVIDER TARIFF

3.0

3.6.4

PRIVATE LINE SERVICES

(continued)

Basic DS1 Service (1.544 Mbps) (continued)

(B) Interoffice Channel Mileage-Fixed:

Recurring (per month)

Basic Service

1 year

3 years

5 years

Mixed Vendor Service

1 year

3 years

5 years

(C) Interoffice Channel Mileage-Per Mile:

Recurring (per month per mile)

Basic Service

1 year

3 years

5 years

Mixed Vendor Service

1 year

3 years

5 years

$81.91

$57.90

$54.70

$81.91

$57.90

$54.70

$16.61

$13.44

$12.25

$16.61

$13.44

$12.25

PA PUC Tariff No. 9

Original Sheet No. 44

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 45

COMPETITIVE ACCESS PROVIDER TARIFF

3.0

3.6.5

PRIVATE LINE SERVICES

(continued)

Hubbed DS1 Service

This service consists of up to 28 DS1 (1.544 Mbps) digital channels, which are aggregated at a Company

Node onto a standard DS3 circuit with Interoffice Mileage and a Local Distribution Channel at the terminating end. There is a minimum 1-year service period for each Hubbed DS1 Service.

Hubbed DS1's consist of 3 rate elements:

1) DS1 Local Distribution Channels - Rated as a standard DS1 Local Distribution Channel.

2) Central Office Multiplexing - Aggregates the 28 DS1's onto DS3 interoffice facilities.

Non-Recurring

$ 200.80

Monthly Recurring

1 Year Term

$379.45

3 Year Term

ICB

5 Year Term

ICB

3.6.6

3)

DS0 Service

DS3 Interoffice Mileage/Local Distribution Channel - Rated as standard DS3 Circuit.

3.6.6.1 Local Distribution Channel

3.6.6.1.1 Non-Recurring Charges

2-Wire Voice Grade

4-Wire Voice Grade

2.4 to < 56 Kbps

56 or 64 Kbps

$128.80

$128.80

$141.60

$141.60

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 46

COMPETITIVE ACCESS PROVIDER TARIFF

3.0

PRIVATE LINE SERVICES

(continued)

3.6.6.1.2 Monthly Charges

2-Wire Voice Grade

4-Wire Voice Grade

2.4 to < 56 Kbps

56 or 64 Kbps

3.6.6.2 Interoffice Mileage

3.6.7

$30.26

$48.42

$55.86

$55.86

2-Wire Voice Grade

4-Wire Voice Grade

2.4 to < 56 Kbps

56 or 64 Kbps

Fixed

$21.66

$21.66

$20.58

$31.83

Per Mile

$2.16

$2.16

$2.05

$3.17

Hubbed DS0 Service

This service consists of up to 24 DS0 digital channels, which are aggregated at a Company Node onto a standard DS1 circuit with Interoffice Mileage and a Local Distribution Channel at the terminating end.

Hubbed DS0's consist of 3 rate elements:

1)

2)

DS0 Local Distribution Channels - Rated as a standard DS0 Local Distribution Channel.

Central Office Multiplexing - Aggregates the 24 DS0's onto DS1 interoffice facilities.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

PA PUC Tariff No. 9

Original Sheet No. 47

COMPETITIVE ACCESS PROVIDER TARIFF

3.0

3.6.7

PRIVATE LINE SERVICES

(continued)

Hubbed DS0 Service (continued)

3.7

3.7.1

Non-Recurring

$ 200.80

1 Year Term

Monthly Recurring

3 Year Term 5 Year Term

$146.50

ICB ICB

3) DS1 Interoffice Mileage/Local Distribution Channel - Rated as standard DS1 Circuit.

Non-Standard Offerings

Special Arrangements

Where the Company furnishes a facility or service for which a rate or charge is not specified in the

Company's Tariffs, charges will be set on an ICB set forth in Section 7 of this tariff.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

4.0

4.1

PA PUC Tariff No. 9

Original Sheet No. 48

COMPETITIVE ACCESS PROVIDER TARIFF

VIRTUALLY INTERCONNECTED COLLOCATION

General

This section contains regulations, terms and conditions for Collocated Interconnection (Collocation) and associated special access transport services as provided by the Company. The Company will make available both a virtual and physical collocation subject to the availability of space and the absence of other technical or legal limitations.

The rates and charges associated with collocation will be determined on an individual case basis.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

5.0

PA PUC Tariff No. 9

Original Sheet No. 49

COMPETITIVE ACCESS PROVIDER TARIFF

PROMOTIONAL OFFERINGS

The Company may, from time to time, offer services at reduced rates and/or charges or at no rate or charge for promotional, market research, training or experimentation purposes. These Promotional

Offerings may be limited to certain dates, times, and/or locations. The Company will notify the

Commission ten (10) days in advance of any such Customer promotional offering.

Each Promotional Offering will be limited to a maximum promotional period of up to six (6) months.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

6.0

PA PUC Tariff No. 9

Original Sheet No. 50

COMPETITIVE ACCESS PROVIDER TARIFF

LABOR CHARGES

Normally scheduled working hours are an employee’s schedule work period in any given calendar day

(e.g., 8:00 A.M. to 5:00 P.M., Monday through Friday) for the application of rates based on working hours.

Overtime is time outside of normally scheduled working hours, on a scheduled workday. Premium time is time outside of the scheduled workday.

6.1

Additional Labor

Additional Labor is that labor requested by the Customer on a given service and agreed to by the

Company as set forth below. The Company will notify the Customer that additional labor charges as set forth below will apply before any additional labor is undertaken.

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

Overtime Repair is that Company maintenance effort performed outside of normally scheduled working hours.

Stand By includes all time in excess of (1/2) hour during which Company personnel stand by and make installation acceptance tests or cooperative tests with a Customer to verify facility repair on a given service.

6.1.4 Testing and Maintenance with Other Telephone Companies

Additional testing, maintenance or repair of facilities of other telephone companies, which is in addition to normal effort required to test, maintain or repair facilities provided solely by the Company.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

6.0

COMPETITIVE ACCESS PROVIDER TARIFF

LABOR CHARGES

(continued)

PA PUC Tariff No. 9

Original Sheet No. 51

Other Labor is that additional labor not included in 6.1.1 through 6.1.4 preceding, including, but not limited to labor incurred to accommodate a specific Customer request that involves only labor which is not covered by any other section of this tariff.

6.1.6 Charges for Additional Labor

All rates are charged per technician

Install or Repair

Overtime

Premium*

1 st

half hr. or fraction thereof

$103.98

$116.52

Each add’l half hr. or fraction thereof

$33.88

$40.42

Stand By

Basic

Overtime

Premium*

None

None

None

$31.50

$33.88

$40.42

Testing & Maintenance with other telephone companies, or other labor

Basic

Overtime

Premium*

$89.16

$95.44

$106.13

$30.25

$34.02

$40.42

* A call out of a Company employee at a time not consecutive with the employee’s scheduled work period is subject to a minimum charge of four hours of Premium time.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

6.0

COMPETITIVE ACCESS PROVIDER TARIFF

LABOR CHARGES

(continued)

PA PUC Tariff No. 9

Original Sheet No. 52

6.2.1 Maintenance of Service

When a customer reports trouble to the Company for clearance and no trouble is found in the Company’s facilities, the Customer shall be responsible for payment of a Maintenance of Service charge for the period of time from when the Company’s personnel are dispatched to the Customer’s facilities to when the work is completed. Failure of Company personnel to find trouble in the Company’s facilities will result in no charge if the trouble is actually in those facilities but not discovered at that time.

The Customer shall be responsible for payment of a Maintenance of Service charge when the Company dispatches personnel to the Customer’s premises and the trouble is in equipment or communications systems provided by other than the Company.

6.2.2 Maintenance of Service Charges

Basic

Overtime

Premium*

1 st

half hr.

or fraction thereof

$91.65

$95.17

$106.12

Each add’l half hr. or fraction thereof

$32.75

$33.74

$40.41

* A call out of a Company employee at a time not consecutive with the employee’s scheduled work period is subject to a minimum charge of four hours of Premium time.

Issued: December 3, 2009 Effective: December 4, 2009

Windstream D&E Systems, Inc.

7.0

PA PUC Tariff No. 9

Original Sheet No. 53

COMPETITIVE ACCESS PROVIDER TARIFF

INDIVIDUAL CASE BASIS ARRANGEMENTS

The Company’s Individual Case Basis Arrangements (ICB) are offered for special situations and services that cannot be easily identified as standard service offerings, and shall be developed on a case-by-case basis in response to a bona fide request(s) from customers. ICB pricing will also be offered to customers in response to competitive bid proposals. The rates quoted in response to such competitive request may be different than those specified for such service in the tariff. ICB rates will be offered to customers in writing on a non-discriminatory basis.

Issued: December 3, 2009 Effective: December 4, 2009

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