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FCL NY CLEC EFF - First Communications

1. Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 13 Section 2 GENERAL RULES AND REGULATIONS Cont d The Company shall not be liable for any claims for loss or damages involving a Breach in the privacy or security of communications transmitted over Company Facilities b Any representations made by Company employees contractors or agents that do not comport or that are inconsistent with the provisions of this tariff c Any act or omission in connection with the provision of 911 E911 or similar services d Any non completion of calls due to network busy conditions e Any calls not actually attempted to be completed during any period that service is not available f Any actions by authorized governmental agencies or other parties authorized by law to perform wiretaps and surveillance activities g Injury to property or injury or death to persons including claims for payments under Worker s Compensation laws or under any plan for employee disability or death benefits arising out of or caused by any act or omission of the Customer or construction installation maintenance presence use or removal of the Customer s facilities or equipment connected or to be connected to Company Facilities h Libel i Slan
2. Section 4 INTRALATA TOLL USAGE AND MILEAGE CHARGES Page 4 1 rd A m DEO A EUR DEO FUEL ERR 1 4 T Description NOS 1 41 2 gt Classestot Calls ttes tdt ere hee tte t iet id dioss 1 4 2 Taming Of Cals A rd eee deiecta eot bor E 2 4 3 Time Periods Defined cuca cat rd 3 4 4 Regulations and Computation of Mileage sse ener 4 4 4 1 Originating Rate Center sesssssssssesesseeeeeeee eene enne nnne enne 4 4 4 2 Terminating Rate Center eene 4 44 3 Calculation of Mileage i eiie dea dee bane 4 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 14 CONTENTS SECTION 5 SUPPLEMENTAL SERVICES Page 5 1 Central Office Features saci ota om e Te rte iem pee Cod IE iio 1 IL GE i satt A face at dee a e es A a T 1 12 Description Of Features iisdem te ai 1 52 Rates and Charges ee p C RON REFER PEERS 5 5 3 Promotional Offering ndr S PR RE E Ped US 9 5 4 Busy Verification and Interrupt Service essssssssesseseeeeeeeeeenee ener 10 SAL Ge onte te ete OR Ee da ee tr Ee 10 5 42 Rate Application dioit nire e tese etie d Hd eode e deti isto ee 10 II DEED ID CEU NEN Lee 10 5 5 Directory Assistantes ii sao 11 O OOO NEO 11 5 52 Regulations ROS 11 5 5 9 R
3. No Answer 0 00 3 00 Call Forward Busy and No Answer 0 00 4 75 Simultaneous Call Forwarding 0 00 3 10 Call Return 0 00 4 50 Repeat Dialing 0 00 4 50 MultiRing 2 0 00 7 53 MultiRing 3 0 00 10 90 Caller ID 0 00 8 50 Caller ID with name 0 00 9 50 Caller ID Privacy N C N C Selective Blocking for Caller ID N C N C Complete Blocking for Caller ID N C N C Anonymous Call Rejection N C N C Three way Call Transfer 0 00 4 00 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 7 Section 5 SUPPLEMENTAL SERVICES Cont d Feature Package Rates The following rates apply for business Customers subscribing to the feature combinations listed Monthly Recurring Min Max Call Forwarding and Call Waiting 0 00 13 76 Call Forwarding and Speed Dial 8 0 00 10 90 Call Forwarding Call Waiting and Speed Dial 8 0 00 17 91 Call Waiting and Speed Dial 8 0 00 13 76 Three Way Calling and Call Forwarding 0 00 10 96 Three Way Calling and Call Waiting 0 00 13 76 Three Way Calling and Speed Dial 8 0 00 10 90 Three Way Calling Call Forwarding and Call Waiting 0 00 17 91 Three Way Calling Call Forwarding and Speed Dial 8 0 00 15 83 Three Way Calling Call Forwarding Call Waiting and Speed Dial 8 0 00 2
4. d access interexchange calling services of the Company and of other carriers e access operators and business offices for service related assistance f access Directory Assistance g access toll free telecommunications services such as 800 888 NPA h access 911 E911 services for emergency calling i access Telecommunications Relay Service j access other services authorized by the State Commission and the Federal Communications Commission Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 6 Original Page 4 Section 6 LOCAL CALLING AREAS AND CHARGES BASED ON TIME Cont d Service Areas The Company s exchange areas rate groups and local calling areas are identical to those defined in the tariffs of the ILEC Verizon New York Inc serving the same exchange area as the Company Usage Rates All Local Exchange Service Customers must order service on a per minute basis excluding an initial three minutes per call minimum These rates will apply to all outgoing direct dialed calls placed to Stations within the caller s local exchange area as defined herein Per Minute Usage Rate The following rates will be applied on a per minute basis excluding an initial three minutes per call minimum If the computed charge includes a fraction of a
5. 06 HR 06 06 06 06 Additional 06 06 06 HR 06 06 06 06 Initial W Suffolk 06 06 06 06 HR 06 06 06 Additional 06 06 06 06 HR 06 06 06 Initial L West 06 06 06 06 06 HR 06 06 Additional 06 06 06 06 06 HR 06 06 Initial U West 06 06 06 06 06 06 HR 06 Additional 06 06 06 06 06 06 HR 06 Initial Gr Byram 06 06 06 06 06 06 06 HR Additional 06 06 06 06 06 06 06 HR Denotes first 60 seconds additional per minute rate billed in six second increments HR indicates a home region or local call N Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 7 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 4 Supplemental Services This section contents were located in Accesis Section 5 Supplemental Services 10 1 4 1 The following sections mirror those of First Communications Acceris Tariff Section 5 1 2 Mirrors First Communications Tariff Section 5 1 2 a Three Way Calling 5 1 2 Three Way Calling 5 1 2 b Call Forwarding 5 1 2 Call Forward Variable Call Forwarding Call Foreword No Answer Call Forwarding Busy and no Answer
6. January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 52 Section 2 GENERAL RULES AND REGULATIONS Cont d c A credit allowance will be given upon request of the Customer to the business office for interruptions of 30 minutes or more Credit allowances will be calculated as follows if interruption continues for less than 24 hours a b 1 30th of the monthly rate if it is the first interruption in the same billing period 2 30ths of the monthly rate if there was a previous interruption of at least 24 hours in the same billing period if interruption continues for more than 24 hours a b if caused by storm fire flood or other condition out of Company s control 1 30th of the monthly rate for each 24 hours of interruption for other interruption 1 30 of the monthly rate for the first 24 hours and 2 30ths of such rate for each additional 24 hours or fraction thereof however if service is interrupted for over 24 hours more than once in the same billing period the 2 30ths allowance applies to the first 24 hours of the second and subsequent interruptions Two or more interruptions of 15 minutes or more during any one 24 hour period shall be considered as one interruption d Credit to Customer Credits attr
7. Tariff No 2 3 Revised Page 17 Replacing 2 Revised Page 17 7 1 1 2 7 3 CONTENTS Section 7 NETWORK SWITCHED SERVICES Page General aieo one od WURDE ERR COS REVO EUR DI EE eee eee 1 Service Descriptions and Rates cccccccssccssssssceseceeseeeseeeseeescecsaecaecaeceseceaeeseeeeeeseeeenseenaes 2 RL Basic Local me Seva a iaa 3 7 2 2 MultisLine Serv iia 7 1 2 3 PBX Trunks Service 4 eee eee tete etre rti e aida 11 7 2 4 Local Trunk Basic Service ener 15 1 2 5 Local DID LEr nk Service 52 ber E PRU t 15 Bundle Services A tete ena e A AAA ia Ar 19 7 3 Bundled Residential Plans ooooonnonnnninnnicnncnnnnnonncnonncncncononcnncnrn cronica nnne 19 7 3 2 Bundled Business Plans ede PR ERES ERE e ee S 19 Issued May 27 2010 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 Effective June 11 2010 N N N FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 1 Revised Page 18 Replacing Original Page 18 8 1 8 2 8 3 8 4 8 5 8 6 8 7 CONTENTS Section 8 SPECIAL SERVICES AND PROGRAMS Page RESERVED FOR FUTURE US Einir ie aaae eena E e a enitn tenete tenen ene nennen 1 RESERVED FOR FUTURE USE cinneann ra re ei EK aia 4 Special Equipment For The Hearing or Speech Impaired Custome AN 5 Discounted Service for The Hearing or Speech Impaired Customer aonne eer RR e E E EE E HR RR ERA et
8. 0 044 Interstate rate per minute 0 058 Bundled Business Plans FirstTalk Basic Commercial 12 month term Unlimited Local Calling maximum Caller ID Name and Number Call Forwarding Hunting Optional Touchtone 900 976 blocking Intrastate long distance rate per minute 0 039 Interstate long distance rate per minute 0 053 nterstate rates are for continental US only MRC 59 95 MRC 69 95 Issued May 27 2010 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 Effective June 11 2010 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 8 1 Revised Page 1 Replacing Original Page 1 8 1 Section 8 SPECIAL SERVICES AND PROGRAMS RESERVED FOR FUTURE USE Issued June 3 2009 Effective June 17 2009 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 T D D FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 8 1 Revised Page 2 Replacing Original Page 2 Section 8 SPECIAL SERVICES AND PROGRAMS Cont d 8 1 RESERVED FOR FUTURE USE Cont d T D D Issued June 3 2009 Effective June 17 2009 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 8 1
9. 2 25 Call Forward No Answer 2 25 Call Forward Busy No Answer included with voicemail 2 25 Ultra Call Forward 5 25 Call Waiting Included in Bundled Package Call Waiting ID with Name 5 63 Distinctive Ringing Ist Additional Number 3 94 2nd Additional Number 3 94 Regular Hunting Included in Bundled Package Speed Dial 8 Number List Included in Bundled Package 30 Number List 4 80 Anonymous Call Rejection 2 25 Call Return 69 2 63 Selective Forwarding 3 03 CLASS Features per line per month Caller ID with Name Included in Bundled Package Repeat Dial 4 50 10 1 12 BUSINESS NETWORK SWITCHED SERVICES 10 1 12 1 Basic Business Line Service Basic Business Line Service Rates Nonrecurring Connection Charge 58 56 Monthly Recurring Charges Each Base Service Line 14 59 Issued February 8 2007 Joseph Morris Chief Operating Officer First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 Effective March 8 2007 N N FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 20 Current Rates Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont 10 1 12 BUSINESS NETWORK SWITCHED SERVICES Cont 10 1 12 1 Basic Business Line Service Cont Usage Charges Local Calling First 3 minutes of use 0 060 Each additional minute 0 010 Regional Usage per minute of use 0 050 Domestic Long Distance p
10. 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 18 Section 5 SUPPLEMENTAL SERVICES Cont d 2 Recurring and Nonrecurring Charges Cont d Monthly Charges Minimum Maximum Third Number Billed and Collect Call Restriction N C N C Toll Restriction N C N C Toll Restriction Plus N C N C Direct Inward Dialing Blocking Third Party and Collect Call Initial Activation N C N C Subsequent Activation per line N C N C 3 Connection charges apply as specified in Section 3 of this tariff Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 6 Original Page 1 Section 6 LOCAL CALLING AREAS AND CHARGES BASED ON TIME 6 1 LOCAL SERVICES USAGE BASED 6 1 1 Rates and Charges and Time Periods Usage charges are based on usage used or billed on the Company s network Chargeable time for the Customer shall begin when the called party answers and shall end upon disconnection by either party Calls are rounded to the next higher full minute If the computed charge includes a fraction of a cent the fraction is rounded down to the next whole cent Calls that begin in one rate p
11. 3 of this tariff Minimum Maximum Nonrecurring Connection Charge 1 00 60 00 Monthly Recurring Charges Each Service Line 1 00 70 00 C Voice Mail Option per line 1 00 15 00 Custom Calling Features per line per month Each feature 1 00 10 00 CLASS Feature per line per month Each feature 1 00 15 00 M M Information previously found on this page has moved to page 18 3 Issued August 4 2008 Effective September 4 2008 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 18 1 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont N Services no longer available for new service 10 1 11 Residential Network Switched Services Cont 10 1 11 3 a My Acceris Home Plan Charges for My Acceris Home Plan Bundle Package includes monthly recurring charge for each line Monthly recurring charges apply to optional voice mail and service features l Description The My Acceris Home Plan Service Bundle Service provides the customer with a single analog voice grade telephonic communications channel that can be used to place or receive one call at a time Service to points within the local calling area is are as specified in Section 10 Each access line corresponds to a single analog voice grade channel
12. 5 1 2 c Call Waiting Paragraph 1 5 1 2 Call Waiting 5 1 2 d Distinctive Ring Note Service is called MultiRing Service 2 in First s tariff Description 1s the same 5 1 2 f Speed Dial 5 1 2 MultiRing Service 2 Note Service 1s called Distinctive Ring Service in Acceris tariff Description 1s the same 5 1 2 Speed Dial 8 Speed Dial 30 10 1 4 2 The following are not included in First Tariff but were in Acceris Tariff and will continue for the Acceris local customers 10 1 4 2 a Call Waiting ID Deluxe Call Waiting ID with Name from Acceris Section 5 12c Paragraph 2 When the customer is on the phone this version of Caller ID with Name works with Call Waiting to show you the number of the waiting call and the name of the calling party 10 1 4 2 b Regular Multiline Hunting from Acceris Section 5 12e This feature is a line hunting arrangement that provides sequential search of available numbers within a multiline group 10 1 4 2 c Priority Call from Acceris Section 5 12i This feature provides a distinctive signal to the called end user on calls from up to six pre specified telephone numbers The end user creates a screening list of telephone numbers in the telephone company network by dialing the activation code This list can only be created from serving area telephone numbers When a call arrives from one of the specified telephone numbers the end user s telephone rings in a special way If the called end
13. 56 Section 2 GENERAL RULES AND REGULATIONS Cont d 5 Violation of any of the foregoing terms and conditions by any ANI recipient other than a Telephone Corporation shall result after a determination through the Commission s complaint process in suspension of the transmission of ANI by the Telephone Corporation until such time as the Commission receives written confirmation from the ANI recipient that the violations have ceased or have been corrected If the Commission determines that there have been three or more separate violations in a 24 month period delivery of ANI to the offending party shall be terminated under terms and conditions determined by the Commission Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 57 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 13 2 Terms and Conditions Violation of any of the foregoing terms and conditions by a Telephone Corporation may result in Commission prosecution of penalty and enforcement proceedings pursuant to Section 24 25 and 26 of the Public Service Law 2 14 USE OF THE CUSTOMER S SERVICE BY OTHERS a Resale Any service provided under this tariff may be resold to or share with other persons or entities at the option of Customer subject to compliance with any ap
14. 6 Section 2 GENERAL RULES AND REGULATIONS Cont d INSTALLATION SERVICE The Company provides a Half Day Installation Plan which offers Customers half day appointments 1 e morning afternoon or a rolling interval for connection of Commission regulated service involving a Customer premise visit In the case of any inconsistency with the regulations in Part 603 15 of 16 NYCRR for installation service the rules of the Commission shall prevail ACCESS TO CUSTOMER S PREMISES The Customer shall be responsible for making arrangements or obtaining permission for safe and reasonable access for Company employees or agents of the Company to enter the premises of the Customer or any joint user or Customer of the Customer at any reasonable hour for the purpose of inspecting repairing testing or removing any part of the Company s facilities Premises Visit charges will apply separately per Customer request for trouble isolation to end users side of the demarcation point Any additional costs involved in complying with Customer requests will be billed to the Customer and required to pay such cost Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 28 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 7 TELEPHONE SURCHARGES 2
15. BLOCKING SERVICE Nonrecurring Charge 900 and 700 Blocking up to 200 lines 11 00 900 971 974 and 700 Blocking up to 200 lines 11 00 Monthly Charge Third Number Billed and Collect Call Restriction up to 200 lines 0 00 Toll Restriction up to 200 lines 0 00 Toll Restriction Plus up to 200 lines 0 00 Direct Inward Dialing Blocking Third Party and Collect Call Initial Activation 0 00 Subsequent Activation per line 0 00 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 7 CURRENT RATES Section 6 LOCAL CALLING AREAS AND CHARGES BASED ON TIME 6 3 General Availability Local Call Measured Service Day Ist Three Add Minutes Minutes Charge Charge 0 0800 0 0130 Evening 1s Three Add Minutes Minutes Charge Charge 0 0480 0 0078 Night 1s Three Add Minutes Minutes Charge Charge 0 0280 0 0046 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DC01 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule 1 Revised Page 8 Replacing Original Page 8 CURRENT RATES Sect
16. Code of Federal Regulations Upon notification to the Customer and at a reasonable time the Company may perform such tests and inspections as may be necessary to ensure that the Customer is complying with the requirements set forth in this tariff for the installation operation and maintenance of Customer provided facilities equipment wiring and other arrangements that connect to Company Facilities Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 9 Section 2 GENERAL RULES AND REGULATIONS Cont d If the Customer is found to be out of compliance with the protective requirements for Customer provided equipment or other arrangements the Company may immediately take such action as it deems necessary to protect the personnel of the Company its contractors and or agents or other persons or entities as well as its network and the Company Facilities and shall do so at the Customer s expense The Company will notify the Customer promptly if there is a need for any corrective action The Customer must take such corrective action and provide notice to the Company of the completion of all such activities within ten 10 days of receiving the Company s notification to the Customer except that the Customer must immediately remedy any sit
17. Commission shall make the final determination as to whether a DPA should be provided A Customer with medical emergencies and a Customer who is elderly blind or disabled shall be exempt from such eligibility criteria Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 49 2 11 8 2 11 9 Section 2 GENERAL RULES AND REGULATIONS Cont d Dishonored Checks When a check received from a residential Customer is dishonored the company shall make two attempts one outside of normal business hours to contact the Customer within 24 hours The Customer shall be given an additional 24 hours to pay before suspension termination The additional notice will be given provided that the Customer has not submitted a dishonored check within the past 12 months Suspension or Termination Abandonment Suspension termination of residential service for abandonment or unauthorized use may occur only after the Company makes a reasonable attempt to determine occupancy or authorized use or the Customer takes reasonable steps to prevent unauthorized use A notice must be sent to the Customer five days before such suspension or termination The notification requirement is waived when previous mailings are returned by the Post Office or the company is adv
18. Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 16 5 6 Section 2 GENERAL RULES AND REGULATIONS Cont d n Definitions As used in Paragraphs 1 2 3 and 4 above the terms error mistake or omission shall refer to a discrepancy in the directory listing or directory assistance records which the Company has failed to correct and where the error affects the ability to locate a particular subscriber s correct telephone number The terms shall refer to addresses only to the extent that an error mistake or omission of an address places the subscriber on an incorrect street or in an incorrect community Notice Such allowances or credits as specified in Paragraphs 1 2 and 3 above shall be given upon notice to the Company by the subscriber that such error mistake or omission has occurred provided however that when it is administratively feasible for the Company to have knowledge of such error mistake or omission the Company shall give credit without the requirement of notification by the subscribers Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 17 2 2 Section 2 GENERAL RUL
19. FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 1 Revised Page 3 Replacing Original Page 3 Section 7 NETWORK SWITCHED SERVICES Cont d 7 2 1 Basic Local Line Service Grandfathered not available to new customers T l General Basic Local Line Service provides a Customer with a one or more analog voice grade telephonic communications channel that can be used to place or receive one call at a time Basic Lines are provided for connection of Customer provided single line terminal equipment such as station sets or facsimile machines Line will be equipped with touch tone service at no charge Each Basic Line has the following characteristics Terminal Interface 2 wire Signaling Type Loop start Pulse Types Dual Tone Multifrequency DTMF Directionality Two Way In Only or Out Only at the option of the Customer Issued May 27 2010 Effective June 11 2010 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 4 Section 7 NETWORK SWITCHED SERVICES Cont d 2 Message Rate Basic Local Line Service Description Calls to points within the local exchange area are charged on the basis of the number of completed calls originating from the Customer s service in addition to a base monthly charge 3 Basic Local Line Service Recurring and Nonrecurring Ch
20. January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 35 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 9 4 Termination For Cause Other Than Nonpayment a General The Company after notice in writing to the Customer and after having given the Customer an appropriate opportunity to respond to such notice may terminate service and sever the connection s from the Customer s premises under the following conditions 1 in the event of prohibited unlawful or improper use of the facilities or service or any other violation by the Customer of the rules and regulations governing the facilities and service furnished or 1f in the judgment of the Company any use of the facilities or service by the Customer may adversely affect the Company s personnel plant property or service The Company shall have the right to take immediate action including termination of the service and severing of the connection without notice to the Customer when injury or damage to telephone personnel plant property or service is occurring or is likely to occur or in the event of unauthorized use where the Customer fails to take reasonable steps to prevent the unauthorized use of the facilities or service received from the Company or in the event tha
21. Line 1 00 70 00 Voice Mail Option per line 1 00 15 00 Custom Calling Features per line per month Each feature 1 00 10 00 CLASS Feature per line per month Each feature 1 00 15 00 Issued August 4 2008 Effective September 4 2008 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 18 3 10 1 12 Business Network Switched Services This sections contents were located in Acceris Section 7 Business Network Switched Services M 10 1 12 1 GENERAL from Acceris 7 1 Business Liberty Plan and Business Empire Plan Service is a local exchange service for business customers consisting of a local exchange line for a monthly recurring charge and measured usage rate Calling features are available with the local exchange service for an additional monthly recurring charge per feature a receive calls from other stations on the public switched telephone network b access the Company s local calling service C access the Company s operators and business office for service related assistance access toll free telecommunications service such as 800 NPA and access 911 service for emergency M calling and Material previously found on page 18 Issued August 4 2008 Effective September 4 2008 Joseph Morris Vice President of Corporate Operations First Communicatio
22. PREMISES VISIT Cont Wire Maintenance Silver Monthly Recurring Residential per line 3 45 Business per line 3 45 Wire Maintenance Gold Monthly Recurring Residential per line 3 95 Business per line 3 95 10 1 3 Regional Toll Usage and Mileage Charges 10 1 3 1 PRIMARY INTEREXCHANGE CARRIER CHANGE CHARGE Residence per line 0 00 Business per line 4 31 Issued February 8 2007 Effective March 8 2007 Joseph Morris Chief Operating Officer First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 N N FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 15 Current Rates Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS 10 1 3 Regional Toll Usage and Mileage Charges Cont TO gt Nassau NYC Rockland E Suffolk W Suffolk L U West Gr Byram West FROM Initial Nassau HR 15 LS 15 15 15 15 15 Additional HR 15 15 15 15 15 AS 15 Initial NYC ES HR 15 15 15 ES 3 I9 Additional 15 HR 15 15 15 15 415 15 Initial Rockland 15 15 HR 15 15 15 15 15 Additional 15 15 HR 15 15 15 ES 15 Initial E Suffolk 15 215 15 HR 15 15 15 15 Additional 15 15 15 HR 15 15 ES 215 Initial W 15 15 15 15 HR 15 15 15 Suffolk Additional 15 A5 15 15 HR SE 15 15 Initial L West 15 15 15 15 15 H
23. President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 63 Section 2 GENERAL RULES AND REGULATIONS Cont d d Responsibility of eligible health care providers 1 Rural health care providers and consortia shall participate in a competition bidding process for all services eligible for reduced rates in accordance with any state and local procurement rules Rural health care providers and consortia shall submit requests for services to the Program Administrator as designated by the FCC and follow established procedures Services requested must be used for purposes related to the provision of health care services or instruction that the health care provider is legally authorized to provide under the law A health care provider that cannot obtain toll free access to an Internet service provider and who is eligible for support for limited toll free access under the Rules must certify that it lacks toll free Internet access and that it 1s an eligible health care provider Services cannot be sold resold or transferred in consideration for money or any other thing of value e Responsibility of the Company l The Company shall offer the rates and charges as specified herein to eligible health care providers to the extent that facilities and services are available and offered in the Company s tariff T
24. Service Connection Charges 10 00 10 1 4 2 SPECIAL LISTING SERVICES Additional Directory Listing The primary listing of a business is free of charge Any additional directory listings will be charged per customer listing A regular listing consists of the listed name address and phone number Listings are entered in the business listings section in alphabetical order Non Published Number A number that is non published means that it is not listed in either the telephone company s directories nor offered in Directory Assistance calls Non Listed Number A number may be omitted from the Directory only telephone book but is available via directory assistance records 411 Special Listing Service Type Monthly Recurring Charge Additional Directory Listing 1 00 Non Published Number 1 45 Non Listed Number 1 00 Note A one time record order charge will may apply if customer is changing established service No record order charge will apply is customer is requesting with installation of new service 10 1 4 3 STAND ALONE VOICE MAIL SERVICE Per Individual Mail Address up to 100 Mail Addresses Residence Business Nonrecurring Charge 20 19 20 19 N Recurring Charges 4 67 4 88 Over 100 Mail Addresses Individual Case Basis Issued February 8 2007 Effective March 8 2007 Joseph Morris Chief Operating Officer First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C T
25. Service Commencement Date may be extended by mutual agreement of the parties or if the service does not conform to standards set forth in the Customer s original Service Order or in this tariff in which case the Service Commencement Date is the date of the Customer s acceptance Billing accrues through and includes the day that the service s circuit s arrangement s or component s is are discontinued Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 21 2 4 2 Section 2 GENERAL RULES AND REGULATIONS Cont d If the Customer s due payment is not received by the Company or if any portion of the payment is received by the Company after the date due or if any portion of the payment is received by the Company in funds which are not immediately available then a late payment penalty shall be due to the Company in addition to the past due amount s Deposits Subject to special provisions as may be set forth herein any applicant or Customer whose financial responsibility is not established to the satisfaction of the Company may be required to deposit a sum up to an amount equal to the total of the estimated local service and intraLATA toll charges for up to two months for the facilities and service If the minimum period of ser
26. Tariff No 2 Section 5 1 Revised Page 15 Replacing Original Page 15 Section 5 SUPPLEMENTAL SERVICES Cont d Intercept Services Intercept Service provides a recorded announcement that states the line number status and a referral number if available for calls placed to a disconnected or changed business line number Intercept Service 1s subject to the availability of facilities Basic Intercept Service is provided free of charge to business customers for primary and DID numbers upon request for a minimum of 90 days A charge applies per month per number for Extended Intercept Service in which a request is made for intercept service beyond the initial free time period The service will be available for a maximum of nine months following the initial free period or Basic Intercept Service The charge for this service is billed in advance as a one time charge on the final invoice for that number and is based on the length of time service is requested Recurring Charges Monthly Recurring Charges associated with Directory Listings are For Listing or Per Number Charge as follows Minimum Primary Listing N C Non Published Number 0 00 Night Listing 0 00 Additional Alternated Duplicate Listings One Line 0 00 Two or more lines 0 00 Foreign Listing 0 00 Cross Reference 0 00 Material previously located on page 14 Maximum N C 2 04 3 76 1 97 3 76 1 97 1 97 Issued January 10 201
27. West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 51 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 12 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 the operation or malfunction of the facilities power or equipment provided by the Customer will be credited to the Customer as set forth below for the part of the service that the interruption affects A credit allowance will be made when an interruption occurs because of a failure of any component furnished by the Company under this Tariff 2 12 1 Credit for Interruptions a An interruption period begins when the Customer reports a service facility or circuit to be interrupted and releases it for testing and repair An interruption period ends when the service facility or circuit is operative If the Customer reports a service facility or circuit to be inoperative but declines to release it for testing and repair it is considered to be impaired but not interrupted b For calculating credit allowances every month is considered to have 30 days A credit allowance is applied on a pro rata basis against the rates specified hereunder and is dependent upon the length of the interruption Only those facilities on the interrupted portion of the circuit will receive a credit Issued
28. a central office entity a telephone user who dials the number 911 will be routed to an operator The telephone user who dials the 911 number will not be charged for the call 8 6 NEW YORK RELAY SERVICE 8 6 General The Company will provide access to a telephone relay center for New York Relay Service The service permits telephone communications between hearing and or speech impaired individuals who must use a Telecommunications Device for the Deaf TDD or a Teletypewriter TTY and individuals with normal hearing and speech The Relay Service can be reached by dialing an 800 number Specific 800 numbers have been designated for both impaired and non impaired Customers to use 8 62 Regulations a Only intrastate calls can be completed using the New York Relay Service under the terms and conditions of this tariff b Charges for calls placed through the Relay Service will be billed as 1f direct distance dialed DDD from the point of origination to the point of termination The actual routing of the call does not affect billing C Calls through the Relay Service may be billed to a third number only if that number is within New York State Calls may also be billed to calling cards issued by the Company or other carriers who may choose to participate in this service Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 4
29. a period not to exceed 12 months The Company shall not require any person it knows to be a recipient of public assistance supplemental security income or additional state payments to post a deposit A Customer who has a recent payment history within the preceding twelve months with the Company are entitled to service without payment of a deposit unless their records indicate that they are delinquent in payment or have had service terminated for nonpayment A Customer who still owes money to the Company for residential service on a prior account shall be offered a deferred payment plan provided that the Customer had service for three months and was not terminated for nonpayment during that period See Deferred Payment Agreements 2 11 7 below Telephone Number Changes When a residential customer requests a telephone number change the referral period for the disconnected number is 90 days The customer may order a Customized Number where facilities permit for an additional charge as specified in Section 5 9 of this Tariff When service in an existing location is continued for a new customer the existing number may be retained by the new customer only 1f the former customer consents in writing and if all charges against the account are paid or assumed by the new customer Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street A
30. agreement between the Customer and the Company Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 10 Section 2 GENERAL RULES AND REGULATIONS Cont d In any action between the Company and the Customer or User as defined in Section A herein to enforce any provision of this tariff but only to the extent consistent with applicable laws the Company shall be entitled to recover its reasonable legal fees and other associated litigation costs from the Customer in addition to other relief that the Commission or a court may award Limitations on Liability a Indemnification by Customer The Customer and any authorized or joint users jointly and severally shall indemnify defend and hold the Company harmless against claims loss damage expense including attorneys fees and court costs for libel slander or infringement of copyright arising from the material transmitted over its facilities against claims for infringement of patents arising from combining with or using in connection with facilities of the Company equipment and systems of the Customer and against all other claims arising out of any act or omission of the Customer in connection with facilities provided by the Company or the Customer In the event any such infrin
31. applied to the Customer shall be adjusted accordingly 2 4 1 Return Check Charge When a check which has been presented to the Company by a Customer in payment for charges is returned by the bank the Customer shall be responsible for the payment of a Returned Check Charge of 20 00 2 4 8 Late Payment Charges a Customer bills for telephone service are due on the due date specified on the bill A Customer is in default unless payment is made on or before the due date specified on the bill If payment is not received by the Customer s next billing date a late payment charge of 1 5 will be applied to all amounts previously billed under this Tariff excluding one month s local service charge but including arrears and unpaid late payment charges b Late payment charges do not apply to those portions and only those portions of unpaid balances that are associated with disputed amounts Undisputed amounts on the same bill are subject to late payment charges 1f unpaid and carried forward to the next bill c Late payment charges do not apply to final accounts d Late payment charges do not apply to government agencies of the State of New York These agencies are required to make payment in accordance with the provisions of Article XI A of the State Finance Law Chapter 153 of the Laws of 1984 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market
32. before a determination of the dispute is made by the Company in accordance with Company s complaint handling procedures These procedures are in accordance with the Public Service Commission Rules and Regulations contained in Part 633 of 16 NYCRR Telephone service may be suspended or terminated for nonpayment of the undisputed portion of a disputed bill or deposit if the Customer does not pay the undisputed portion after being asked to do so e Nonpayment of backbilled amounts as outlined in 2 11 11 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 34 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 9 3 Verification of Nonpayment Telephone service shall not be suspended or terminated for nonpayment of a bill rendered or a required deposit unless a The Company has verified in a manner approved by the Public Service Commission that payment has not been received at any office of the Company or at any office of an authorized collection agent through the end of the period indicated in the notice and b The Company has checked the Customer s account on the day that suspension or termination is to occur to determine whether payment has been posted to the Customer s account as of the opening of business on that day Issued
33. cent the fraction is rounded to the nearest whole cent Local Call Measured Service Day 1s Three Add Minutes Minutes Minimum Maximum Minimum Maximum 0 000 0 080 0 000 0 013 Evening 1s Three Add Minutes Minutes Minimum Maximum Minimum Maximum 0 000 0 080 0 000 0 013 Night ls Three Add Minutes Minutes Minimum Maximum Minimum Maximum 0 000 0 070 0 000 0 015 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 1 Section 7 NETWORK SWITCHED SERVICES 7 1 GENERAL Network Switched Service provide a Customer with a connection to the Company s switching network which enables the Customer to a receive calls from other stations on the public switched telephone network b access the Company s local calling service c access the Company s operators and business office for service related assistance access toll free telecommunications service such as 800 NPA and access 911 service for emergency calling and d access the service of providers of interexchange service A Customer may presubscribe to such provider s service to originate calls on a direct dialed basis or to receive 800 service from such provider or may access a provider on an ad hoc basis by dialing the provider s Carrier Identificati
34. error in order to receive credit b Requests from individuals with certified visual or physical handicaps in which the handicap prevents the use of a local directory Individuals must be certified in accordance with the terms outlined under Handicapped Person in Section 10 of this Tariff up to a maximum of 50 requests per month C Customer experiences poor transmission or is cut off during the call Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 12 5 5 3 Section 5 SUPPLEMENTAL SERVICES Cont d Rates Unless one of the exceptions listed above applies the charges as shown below apply for each request made to the Directory Assistance operator Minimum Maximum Local Requested Number Charge Per Call Requested 0 00 0 50 National Requested Number Per Call Requested 0 00 0 50 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 13 5 6 5 7 Section 5 SUPPLEMENTAL SERVICES Cont d LOCAL OPERATOR SERVICE Third Number Billing A billing arrangement by which a message may be charged to an aut
35. federal universal service fund Schools and libraries may aggregate demand with other eligible entities to create a consortium Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 61 Section 2 GENERAL RULES AND REGULATIONS Cont d Requests for Service a Schools and libraries and consortia shall participate in a competitive bidding process for all services eligible for discounts in accordance with any state and local procurement rules Schools and libraries and consortia shall submit requests for services to the Schools and Libraries Corporation as designated by the FCC and follow established procedures Services requested will be used for educational purposes Service will not be sold resold or transferred in consideration for money or any other thing of value Obligations of the Company a The Company will offer discounts to eligible schools and libraries on commercially available telecommunications services contained in this tariff Those services contained in this tariff which are excluded from the discount program in accordance with the Rules are included as an attachment to this tariff The Company will offer services to eligible schools libraries and consortia at prices no higher than the lowest price
36. for payment of his or her own bill In this case the applicant must be 18 years of age or older and must reside within the Company s service territory but he or she does not need to have other service from the Company Another party may agree to accept responsibility for payment of charges incurred through use of the Special Credit Card by the applicant When this option is chosen the person accepting this responsibility must be 18 years of age or older but does not need to reside within the Company s service territory In either case the applicant is the only authorized user of the Special Credit Card If the person accepting payment responsibility has service within the Company s service territory charges will be billed on a regular monthly bill otherwise a separate bill will be sent Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 9 Original Page 1 Section 9 SPECIAL ARRANGEMENTS 9 1 SPECIAL CONSTRUCTION General Subject to the agreement of the Company and to all of the regulations contained in this tariff special construction of Company Facilities may be undertaken by the Company on a reasonable efforts basis at the request of the Customer Special Construction is that construction undertaken a where facilities are not
37. nonrecurring charges listed below service order charges apply as described in Section 3 of this tariff Charges for each Message Rate PBX Trunk include a monthly recurring Base Service Charge and usage charges for completed calls originated from the Customer s lines based on the total number of calls during the billing period Local calling areas are as specified in Section 6 Local usage rates are provided in Section 6 herein Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 14 Section 7 NETWORK SWITCHED SERVICES Cont d PBX Trunks Non Recurring Charges Minimum Maximum Line Connection Charge 1 to 99 trunks per trunk 0 00 50 05 Line Connection Charge 100 trunks per trunk 0 00 35 90 Service order charges apply as described in Section 3 of this tariff Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 1 Revised Page 15 Replacing Original Page 15 7 2 4 1 2 5 Section 7 NETWORK SWITCHED SERVICES Cont d PBX Trunks Monthly Recurring Charges Minimum Maximum Local Trunk 0 00 24 35 Basic Charg
38. of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 10 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 6 Trap Circuit Service This sections contents were located in Acceris Section 5 6 TRAP CIRCUIT SERVICE 10 1 6 1 General from Acceris Section 5 6 1 Trap Circuit Service is designed to allow the customer to control the release of an incoming call so that in situations involving emergency or nuisance calls calls may be held and traced 10 1 6 2 Regulations from Acceris Section 5 6 2 a This service is provided when there is a continuing requirement for the identification of the calling party in cases involving nuisance calls or emergency situations or other situations involving law enforcement or public safety b The customer shall be required to sign a written request for this service By signing the request the customer shall release the Company from any liability and the customer agrees to indemnify and hold the Company harmless from any liability it may incur in providing this service The Company may require the recommendation of an appropriate law enforcement agency prior to providing this service Any information obtained by the Company in the tracing of a call will be provided
39. of an invoice of or the Posting of amounts due to the Company from the Customer on a secure Web Site or other secure electronic communication medium shall when available and when agreed to by the Customer in lieu of traditional mail be considered the same as the mailing of an invoice by the Company to the Customer via the U S Postal Service Nonrecurring charges are due and payable to the Company within 30 days after the date that the invoice is mailed or at the Customer s election when such option is available when the invoice is posted or transmitted electronically The Company shall on a monthly basis present invoices to the Customer for all other amounts due including Recurring Rates and Charges in advance of the month in which the service is provided and all such amounts shall be due and payable within 30 days after the invoice is mailed or at the Customer s election when such option is available when the invoice is posted or transmitted electronically When service does not begin on the first day of the monthly bill period or end on the last day of the monthly bill period the charge for the fraction of the month in which service was furnished will be calculated on a pro rata basis based on the number of days during that partial month in which the service is provided For this purpose every month is considered to have 30 days Billing of the Customer by the Company will begin on the Service Commencement Date as defined herein The
40. or transaction or for performing a service directly related to the telephone subscriber s original call or transaction The ANI recipient may offer to any telephone subscriber with whom the ANI recipient has an established Customer relationship a product or service that is directly related to products or service previously purchased by the telephone subscriber from the ANI recipient The ANI recipient or its designated billing agent is prohibited from utilizing ANI information to establish marketing lists or to conduct outgoing marketing calls except as permitted by the preceding paragraph unless the ANI recipient obtains the prior written consent of the telephone subscriber permitting the use of ANI information for such purposes The foregoing provisions notwithstanding no ANI recipient or its designated billing agent may utilize ANI information if prohibited elsewhere by law The ANI recipient or its designated billing agent is prohibited from reselling or otherwise disclosing ANI information to any other third party for any use other than those listed in Provision 1 unless the ANI recipient obtains the prior written consent of the subscriber permitting such resale or disclosure Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page
41. or use of such Company Facilities and or services with the exception of taxes on the Company s net income Fees charges and taxes imposed by a city county or other political subdivision will be collected only from those Customers receiving services within the boundaries of that city county or other political subdivision When at the Customer s request installation and or maintenance is performed by the Company s employees contractors and or agents outside the Company s regular business hours the Customer shall pay the premium rates and charges that are based on the additional cost to the Company for such items as out of hours labor and materials including out of hours delivery and any other costs incurred by or charged to the Company in meeting the Customer s out of hours request s Such additional costs shall also apply when an installation is started during the Company s regular business hours but at the Customer s request extends beyond the Company s regular business hours or into time periods including but not limited to weekends holidays and or night hours Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 20 Section 2 GENERAL RULES AND REGULATIONS Cont d For the purpose of this tariff the electronic transmission
42. services The exempted mileage includes the distance between the rural health care provider and the most distant perimeter of the nearest city in New York State with a population of 50 000 or more less the standard urban distance which is the maximum average diameter of all cities with population of 50 000 or more in the state Each eligible health care provider that cannot obtain toll free access to an Internet service provider is entitled to receive toll charge credits for toll charges imposed for connecting to an Internet service provider as per the FCC Rules Such toll charges are available pursuant to applicable toll tariffs Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 65 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 20 Emergency Crisis Disaster Restoration and Provisioning Telecommunications Service Priority 2 20 1 General A B The Telecommunications Service Priority TSP Program is a federal program used to identify and prioritize telecommunications services that support national security or emergency preparedness NS EP missions NS EP services are defined as those telecommunications services which are used to maintain a state of readiness or respond to and manage any event or crisis whic
43. telephonic communications channel that can be used to place or receive one call at a time Service to points within the local calling area 1s included in the charge for bundled service Local calling areas are as specified in Section 10 Each access line corresponds to a single analog voice grade channel that can be used to place or receive one call at a time Access lines are provided for connection to a single customer provided station set or facsimile machine Each Flat Rate Service Line has the following characteristics Terminal Interface 2 wire Signaling Type Loop Start Pulse Type Dual Tone Multi Frequency DTMF Directionality Two way In Only or Out Only as specified by the customer Issued February 8 2007 Effective March 8 2007 DCO1 BARKK 269504 1 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 N N FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 1 Revised Page 18 Replacing Original Page 18 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 11 Residential Network Switched Services Cont 10 1 11 2 b Residential Liberty Plan Service Bundle from Acceris 6 2 2 Cont 2 Recurring and Nonrecurring Charges In addition to the nonrecurring charges listed below service order charges apply as described in Section
44. that can be used to place or receive one call at a time Access lines are provided for connection to a single customer provided station set or facsimile machine Each Flat Rate Service Line has the following characteristics Terminal Interface 2 wire Signaling Type Loop Start Pulse Type Dual Tone Multi Frequency DTMF Directionality The following My Acceris Home Plan Bundle Subscribers included in the charge for bundled service Local calling areas Two way In Only or Out Only as specified by the customer Custom Calling Service features are included in the offered to Call Waiting Caller ID with Name Speed Dial 8 N Issued August 4 2008 Effective September 4 2008 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 18 2 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 11 Residential Network Switched Services Cont 10 1 11 3 b My Acceris Home Plan Service Bundle Cont 2 Recurring and Nonrecurring Charges In addition to the nonrecurring charges listed below service order charges apply as described in Section 3 of this tariff Minimum Maximum Nonrecurring Connection Charge 1 00 60 00 Monthly Recurring Charges Each Service
45. that gave rise to the claim or commencing five 5 days after remittance of the bill in the case of a dispute over charges or credits and no action or proceeding against the Company shall be commenced more than one year after the service is last rendered THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW STATUTORY OR OTHERWISE INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE EXCEPT THOSE EXPRESSLY SET FORTH HEREIN Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 15 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 1 5 Directory Errors In the absence of gross negligence or willful misconduct and except for the allowances stated below no liability for damages arising from errors or mistakes in or omissions of directory listings or errors or mistakes in or omissions of listings obtainable from the directory assistance operator including errors in the reporting thereof shall attach to the Company An allowance for errors or mistakes in or omissions of published directory listings or for errors or mistakes in or omissions of listings obtainable from the directory assistance operator shall be given as follows 1 Free Listings For fre
46. up to 200 lines 0 00 10 00 900 971 974 and 700 Blocking Residential 0 00 5 00 Business up to 200 lines 0 00 10 00 The nonrecurring charge for initial request of one and two line business customers is waived for 90 days from the customer s service establishment date Monthly Charges Minimum Maximum Third Number Billed and Collect Call Restriction Residential 0 00 5 00 Business up to 200 lines 0 00 5 00 Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 N N FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 13 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 9 Blocking Services Cont 10 1 9 2 b Rates and Charges from Acceris 5 10 3 Cont Toll Restriction Residential 0 00 5 00 Business up to 200 lines 0 00 5 00 Toll Restriction Plus Residential 0 00 5 00 Business up to 200 lines 0 00 10 00 2 Pricing for Blocking Service for a business customer with more than 200 lines will be based on the costs incurred by Company to provide the service 3 Connection charges apply as specified in Section 3 of this tariff 10 1 10 Customer Requested Service Suspensions This sections contents were locat
47. 0 24 Three Way Calling Call Waiting and Speed Dial 8 0 00 17 91 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 8 Section 5 SUPPLEMENTAL SERVICES Cont d Per Usage Feature Charge Rate Call Trace 57 1 50 Call Return 75 Repeat Dialing 75 Three Way Calling 75 Block Call Return N C Block Repeat Dial N C Block Three Way Calling N C Block Call Trace N C Block All Usage Sensitive Features N C Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 9 Section 5 SUPPLEMENTAL SERVICES Cont d 5 3 PROMOTIONAL OFFERING 5 3 1 General The Company may from time to time offer services in this tariff at special promotional rates and or terms Such promotional arrangements shall be filed with the Commission when so required All rates and terms contained in this tariff shall continue to apply unless specifically addressed in the promotional agreements Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Stre
48. 1 Joseph Morris Effective January 25 2011 Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 M M FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 16 Section 5 SUPPLEMENTAL SERVICES Cont d 5 8 BLOCKING SERVICE 5 8 1 Blocking service is a feature that permits Customers to restrict access from their telephone line to various discretionary services The following blocking options are available to Customers 900 700 Blocking allows the subscriber to block all calls beginning with the 900 and 700 prefixes i e 900 XXX XXXX from being placed 900 971 974 540 550 396 970 976 910 920 amp 700 Blocking allows the subscriber to block all calls beginning with the above prefixes from being placed Third Number Billed and Collect Call Restriction provides the subscriber with a method of denying all third number billed and collect calls to a specific telephone number provided the transmitting operator checks their validation data base Toll Restriction 1 and 0 Blocking provides the subscriber with local dialing capabilities but blocks any Customer dialed call that has a long distance charge associated with it Toll Restriction will not block the following types of calls 911 Emergency 1 800 Toll Free and operator assisted toll calls Toll Restriction Plus provides subscribers with Toll Restric
49. 10Suspension or Termination Medical Emergencies 2 11 11 Suspension or Termination Elderly Blind or Disabled raiet tni ianen aaea iaa raian 2 11 12 Backbilling for Residential Customers Issued January 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 Effective February 20 2004 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 11 2 12 2 13 2 14 2 15 2 16 2 17 2 18 2 19 2 20 CONTENTS Cont d Page Allowances for Interruptions in Service ooooocoocnconnnonnnonanononnn nono nono nono nco non nn cnn naar rra rra 51 2 12 1 Credit for Interruptions tra aaa 51 2 12 2 Limitations on Credit Allowances essent enne 54 2 12 3 Cancellation for Interruption in Service 54 Automatic Number Identification essent rennen nennen nentes 55 2 13 T Regulatiolls eri eer roe cade EFI e ET eite 55 2 13 2 Terms and Conditions essent nnne 57 Use of the Customer s Service by Others sse nennen 57 Cancellation OF S ryICe eire eie trente ane ee re rhe ER ere gar e Heer eire 58 Transfers and Assignments ssssssessesseeeeeene ener ener enne 58 Notices and Communications essent enne trennen tret enne nennen 59 Schools and Libraries Discount Program ener 60 Health Care Providers Sup
50. 17 HR indicates a home region or local call 10 1 3 2 g Per Call Service Charges from Acceris Section 4 5 2 The following service charges apply to Regional Toll calls for which live or automated operator assistance is provided for call completion and or billing Minimum Maximum Customer Dialed Calling Card 0 10 0 60 Person to Person 0 10 3 75 3rd Number Billed 0 10 1 60 All other Operator Assistance 0 10 1 25 Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 N N FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 6 Section 10 GRANDFATHERED SERVICES N 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 3 Regional Toll Usage and Mileage Charges 10 1 3 2 h Usage Charges from Acceris Section 4 5 1 Current Rates TO gt Nassau NYC Rockland E Suffolk W Suffolk L West U West Gr Byram FROM Initial Nassau HR 06 06 06 06 06 06 06 Additional HR 06 06 06 06 06 06 06 Initial NYC 15 HR 06 06 06 06 06 06 Additional 15 HR 06 06 06 06 06 06 Initial Rockland 06 06 HR 06 06 06 06 06 Additional 06 06 HR 06 06 06 06 06 Initial E Suffolk 06 06
51. 33 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 5 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 3 Regional Toll Usage and Mileage Charges Cont 10 1 3 2 f Usage Charges from Acceris Section 4 5 1 Cont Maximum TO Nassau NYC Rockland E Suffolk W Suffolk L West U West Gr Byram FROM Initial Nassau HR 15 15 15 15 15 15 15 Additional HR 15 LS 15 15 15 15 15 Initial NYC 15 HR 15 5 15 15 15 15 Additional 15 HR 15 15 15 15 15 A5 Initial Rockland 15 15 HR i5 IS 15 15 15 Additional 15 15 HR 15 15 15 15 15 Initial E Suffolk AS 5 15 HR I5 15 15 15 Additional 15 15 15 HR 15 15 15 15 Initial W Suffolk LS 15 LS 15 HR 15 15 15 Additional 15 15 ALS 15 HR 15 15 15 Initial L West 15 15 15 LS A5 HR 15 15 Additional 15 15 15 15 15 HR 15 15 Initial U West 15 15 15 15 15 I5 HR 15 Additional 15 15 LS 15 15 15 HR 15 Initial Gr Byram 15 15 15 15 15 15 15 HR Additional 15 15 LS 15 15 45 15 HR First 60 seconds additional per minute rate billed in six second increments for example the rate for a call minute and six seconds in length is 0 15 0 15 10 0 15 015 0 165 rounded to nearest cent equals 0
52. 340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 58 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 15 CANCELLATION OF SERVICE If the Customer cancels a Service Order or terminates service s before the completion of the service commitment period for any reason whatsoever other than a service interruption as addressed in Section A 5 3 preceding the Customer shall pay to the Company the following rates and charges which shall become due on the effective date of the cancellation or termination and which shall be payable within thirty 30 days thereafter a any termination charges applicable to the service s or Company Facilities that the Customer purchased from the Company b all costs fees and expenses reasonably incurred by the Company in connection with any special construction that had been necessitated by the Customer s order s C all unpaid recurring or nonrecurring rates and charges d any disconnection early cancellation termination or similar costs or financial penalties that the Company incurred as a result of the Customer s order s for service and that the Company must pay to third parties and e all recurring charges specified in the applicable tariff for the balance of the then current term of service discounted at the prime rate announced in the Wall Street Journal on the third business day following the date of cancellation less a reasona
53. 4 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DC01 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 3 CURRENT RATES Section 5 SUPPLEMENTAL SERVICES Cont d Monthly Feature Packages Options Recurring Call Forwarding and Call Waiting 13 76 Call Forwarding and Speed Dial 8 10 90 Call Forwarding Call Waiting and Speed Dial 8 17 91 Call Waiting and Speed Dial 8 13 76 Three Way Calling and Call Forwarding 10 96 Three Way Calling and Call Waiting 13 76 Three Way Calling and Speed Dial 8 10 90 Three Way Calling Call Forwarding and Call Waiting 17 91 Three Way Calling Call Forwarding and Speed Dial 8 15 83 Three Way Calling Call Forwarding Call Waiting and Speed Dial 8 20 24 Three Way Calling Call Waiting and Speed Dial 8 17 91 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 4 CURRENT RATES Section 5 SUPPLEMENTAL SERVICES Cont d Per Usage Feature Charge Rate Call Trace 57 1 50 Call Return 75 Repeat Dialing 75 Three Way Calling 75 5 4 BUSY VERIFICATION AND INTERRUPT SERVICE 5 4 3 Rates Verification Charge ea
54. 4 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 7 Section 7 NETWORK SWITCHED SERVICES Cont d 7 2 2 Multi Line Service 1 Description Multi Line Service provides the Customer with a single analog voice grade telephonic communications channel which can be used to place or receive one call at a time The Multi Line is available as a message rated service Multi Line Service is provided for connection of Customer provided multi line terminal equipment All Multi Lines will be equipped with touchtone and multi line hunt Calls to points within the local exchange area are charged on the basis of the number of completed calls originating from the Customer s service in addition to a base monthly charge Local calling areas are as specified in Section 6 Each Multi Line has the following characteristics Terminal Interface 2 wire Signaling Type Loop start Pulse Types Dual Tone Multifrequency DTMF Directionality Two Way In Only or Out Only at the option of the Customer Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 8 Section 7 NETWORK SWITCHED SERVI
55. 4333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 8 Original Page 8 Section 8 SPECIAL SERVICES AND PROGRAMS Cont d 8 6 2 Regulations cont d 8 6 3 d The following calls may not be placed through the Relay Service 1 calls to informational recordings and group bridging service 2 calls to time or weather recorded messages 3 station sent paid calls from coin telephones and 4 operator handled conference service and other teleconference calls Liability The Company contracts with an outside provider for the provision of this service The outside provider has complete control over the provision of the service except for the facilities provided directly by the Company In addition to other provisions of this Tariff dealing with liability in the absence of gross negligence or willful misconduct on the part of the Company the Company shall not be liable for and the Customer by using the service agrees to release defend and hold harmless for all damages whether direct incidental or consequential whether suffered made instituted or asserted by the Customer or by any other person for any loss or destruction of any property whatsoever whether covered by the Customer or others or for any personal injury to or death of any person Not withstanding any provision to the contrary in no event shall the Company be liable for any special incidental consequential exemplary or punitive damages of any natur
56. 7 1 2 1 2 General In addition to the rates and charges applicable according to the rules and regulations of this Tariff various surcharges apply to the Customer s monthly bill statement as outlined in 2 8 Surcharge For State Gross Income and Gross Earnings Taxes A monthly surcharge to recover the additional expense related to the State Gross Income and Gross Earnings Taxes applies to the recurring and nonrecurring rates and charges for all intrastate service except returned check charges late payment charges and rates for local coin calls The applicable Gross Revenue Surcharge rates are shown at the end of this section Any changes to these rates will be filed on 15 days notice to Customers and the Commission and as directed by the Commission Whenever the state levies a new tax on the Company s gross revenues repeals such a tax or changes the rate of such a tax the Commission may approve new surcharge factors and the Company will file a revised statement as directed or approved by the Commission If a municipality political subdivision or other authorized governmental entity collects or receives any payment or payments or any telephone service without charge or at reduced rates from the Carrier for or by reason of the operation of the Carrier s business or any portion or phase thereof in the municipality political subdivision or other area by reason of an agreement between the municipality political subdivision or other authorized
57. 9 08 4 Wire DID Loop Additive trunk charge per DID Trunk 38 16 Issued May 27 2010 Effective June 11 2010 Joseph Morris Chief Operating Officer First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 12 1 CURRENT RATES Section 7 NETWORK SWITCHED SERVICES cont d 7 3 BUNDLED SERVICES 7 3 1 Bundled Residential Plans FirstTalk Basic Residential MRC Unlimited Local Calling 49 95 Caller ID Name and Number Touchtone 900 976 blocking Intrastate long distance rate per minute 0 044 Interstate rate per minute 0 058 7 3 2 Bundled Business Plans FirstTalk Basic Commercial 12 month term MRC Unlimited Local Calling 59 95 Caller ID Name and Number Call Forwarding Hunting Optional Touchtone 900 976 blocking Intrastate long distance rate per minute 0 039 Interstate long distance rate per minute 0 053 nterstate rates are for continental US only Issued May 27 2010 Effective June 11 2010 Joseph Morris Chief Operating Officer First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule 1 Revised Page 13 Replacing Original Page 13 CURRENT RATES Section 10 GRANDFATHERED SERVICES Services no longer available for new service 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS 10 1 1
58. Applies when establishing a new account with the Company Record Order Charge 15 00 Primary Service Order Charge 35 00 Secondary Service Order Charge 20 00 Telephone Number Change Charge 20 00 3 4 CHARGES ASSOCIATED WITH PREMISES VISIT 3 4 1 Premises Visit Charge Per Visit First hour or any portion thereof 112 00 Each additional 30 minutes or any portion thereof 45 00 3 4 PRIMARY INTEREXCHANGE CARRIER CHANGE CHARGE InterLATA 3 75 IntraLATA 3 75 Issued August 4 2008 Effective September 4 2008 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 2 CURRENT RATES Section 5 SUPPLEMENTAL SERVICES 5 2 RATES AND CHARGES Monthly Recurring Rates Charge Call Waiting Cancel Call Waiting 11 68 Three Way Calling 6 23 Speed Dial 8 6 23 Speed Dial 30 10 38 Call Forwarding Variable 6 23 Call Forwarding Busy 3 30 Call Forward No Answer 3 00 Call Forward Busy and No Answer 4 75 Simultaneous Call Forwarding 3 10 Call Return 4 50 Repeat Dialing 4 50 MultiRing 2 7 53 MultiRing 3 10 90 Caller ID 8 50 Caller ID with name 9 50 Caller ID Privacy N C Selective Blocking for Caller ID N C Complete Blocking for Caller ID N C Anonymous Call Rejection N C Three Way Call Transfer 4 00 Issued January 20 2004 Effective February 20 200
59. CES Cont d Block Third Party and Collect Calls Prevents collect calls and calls billed to a third party at no charge A Record Change Order Charge will apply to unblock these types of calls Three Way Calling Call Hold The Three Way Calling feature allows a Customer to add a third party to an existing two way call and form a 3 way call The call must have been originated from outside the station group and terminate to a station within the station group The Call Hold feature allows a Customer to put any in progress call on hold by flashing the switchhook and dialing a code This frees the line to allow the Customer to make an outgoing call to another number Only one call per line can be on hold at a time The third party cannot be added to the original call Call Forwarding Variable Call Forwarding when activated redirects attempted terminating calls to another Customer specific line The Customer may have to activate and deactivate the forwarding function and specify the desired terminating telephone number during each activation procedure Call originating ability is not affected by Call Forwarding The calling party is billed for the call to the called number If the forwarded leg of the call is chargeable the Customer with the Call Forwarding is billed for the forwarded leg of the call Call Forwarding Busy automatically reroutes an incoming call to a Customer predesignated number when the called number is busy Call Fo
60. CES Cont d Multi Line Service Standard Features Multi Line Customer is provided with the following standard features Touch Tone Multiline Hunting 2 Recurring and Nonrecurring Charges In addition to the nonrecurring charges listed below service order charges apply as described in Section 3 of this tariff Charges for each Message Rate Service line include a monthly recurring Base Service Charge and usage charges for completed calls originated from the Customer s line based on the total number of calls during the billing period Local usage rates are provided in Section 6 herein Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 9 Section 7 NETWORK SWITCHED SERVICES Cont d Multi Line Service Non Recurring Charges Minimum Maximum Line Connection Charge 1 to 99 lines per line 0 00 50 05 Line Connection Charge 100 lines per line 0 00 35 90 Service order charges apply as described in Section 3 of this tariff Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 10 Section 7 NETWORK SWI
61. Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 4 Original Page 5 Section 4 INTRALATA TOLL USAGE AND MILEAGE CHARGES Cont d Airline mileage where mileage is the basis for rating calls is obtained by using the V and H coordinates assigned to each rate center and contained in NECA FCC Tariff No 4 or successor tariffs To determine the airline distance between any two locations proceed as follows Obtain the V and H coordinates for each location The V coordinate is the a first four digits in the VH column The H coordinate is the next four digits b Obtain the difference between the V coordinates of each of the locations Obtain the difference between the H coordinates C Square each difference obtained in step b above d Add the square of the V difference and the H difference obtained in step c above e Divide the sum of the square by 10 Round to the next higher whole number if any fraction is obtained f Obtain the square root of the whole number result obtained above Round to the next higher whole number if any fraction 1s obtained This is the airline mileage Formula V1 V2 2 Hi H2 2 10 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New Y
62. Company Facilities Such Company Facilities are designed primarily for the transmission of voice communications services except as otherwise stated in this tariff The Customer or Authorized User may transmit any form of signal that is compatible with the Company Facilities however the Company does not guarantee that its services will be suitable for purposes other than voice communications except as specifically stated in this tariff The Customer is responsible for ensuring that Customer provided equipment and other Customer provided arrangements connected to Company Facilities are fully compatible with the Company Facilities The magnitude and character of the voltages and currents impressed on Company Facilities as well any of the Customer provided equipment or arrangements may not by the connection operation or maintenance of such Customer provided equipment or arrangements be such so as to cause damage to the Company Facilities or to cause injury to the Company s employees contractors agents or any other party Any protective equipment required to prevent such damage or injury shall be provided by the Customer except that the Company may at any time provide such protective equipment at the Customer s expense when the Customer has not provided such protective equipment itself Any special interface equipment necessary to achieve compatibility between the Company Facilities and the channels facilities equipment or other arrangements of othe
63. December 25 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 4 Original Page 4 Section 4 INTRALATA TOLL USAGE AND MILEAGE CHARGES Cont d 4 4 REGULATIONS AND COMPUTATION OF MILEAGE Calls for which rates are mileage sensitive are rated on the airline distance between the originating rate center and the terminating rate center 44 1 Originating Rate Center A Customer s primary local exchange number includes an NXX code that is associated with a specific rate center The originating point of all calls charged to that Customer s account shall be the location of the Customer s rate center 4 4 2 Terminating Rate Center The terminating point for all calls shall be the location of the local rate center associated with the called number 4 4 3 Calculation of Mileage Usage charges for all mileage sensitive products are based on the airline distance between serving wire centers associated with the originating and terminating points of the call The serving wire centers of a call are determined by the area codes and exchanges of the origination and destination points The distance between any two rate centers is determined as follows Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First
64. EGULATIONS Cont d 2 11 5 Adjusted Payment Schedule A Customer on a fixed income e g pension and public assistance shall be offered the opportunity to pay his or her bills on a reasonable schedule that is adjusted for periodic receipt of income 2 11 6 Suspension or Termination for Nonpayment a Suspension termination notices may not be issued until at least 25 days after the date of the bill Bills must be mailed to the Customer no later than 6 business days after the date of the bill b After issuing the written notification in accordance with 2 9 1 at least one attempt shall be made during non working hours to contact the residential Customer by telephone before the scheduled date of suspension termination C Suspension termination may occur only between the hours of 8 a m and 4 p m Monday through Thursday provided that such day or the following day is not a public holiday or a day on which the main office is closed In addition service may not be disconnected during the periods of December 23 through the 26 and December 30 through January 2 d Telephone service may be suspended or terminated for nonpayment of the undisputed portion of a disputed bill or deposit if the Customer does not pay the undisputed portion after being asked to do so Suspended or terminated residential service shall be reconnected within 24 hours following payment or within 24 hours of the end of circumstances beyond the Company s control which delay th
65. ES AND REGULATIONS Cont d MINIMUM PERIOD OF SERVICE The minimum period of service 1s one month except as otherwise provided in this Tariff The Customer must pay the regular tariffed rate for the service they subscribe to for the minimum period of service If a Customer disconnects service before the end of the minimum service period that Customer is responsible for paying the regular rates for the remainder of the minimum service period When the service is moved within the same building to another building on the same premises or to a different premises entirely the period of service at each location is accumulated to calculate if the Customer has met the minimum period of service obligation If service is terminated before the end of the minimum period of service as a result of condemnation of property damage to property requiring the premises to be abandoned or by the death of the Customer the Customer is not obligated to pay for service for the remainder of the minimum period If service is switched over to a new Customer at the same premises after the first month s service the minimum period of service requirements are assigned to the new Customer if the new Customer agrees in writing to accept them For facilities not taken over by the new Customer the original Customer is responsible for the remaining payment for the minimum service period in accordance with the terms under which the service was originally furnished Issued Janu
66. Each Local DID Trunk Service will for an additional charge be equipped with Analog Direct Inward Dial DID and Direct Outward Dial DOD capability Charges for blocks of telephone numbers assigned pursuant to the North America Numbering Plan Grandfathered not available to new customers Issued May 27 2010 Effective June 11 2010 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 T N FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 16 Section 7 NETWORK SWITCHED SERVICES Cont d Local DID Trunk Service Monthly Recurring Charges Standard Feature s Each Company provided Basic Trunk Service will automatically include Tone Dialing and a Hunting Arrangement at no additional charge to the Customer One Way Inbound or Two Way Features The following features are available Multiline Hunting Serial Hunting Distributed Line Hunting Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 17 Section 7 NETWORK SWITCHED SERVICES Cont d Local DID Trunk Service Non Recurring Charges Minimum Maximum Analog PBX DID Trunks 1 to 99 per trunk 0 00 50 05 Line Connection per DID Trunk 0 00 159 00
67. Emergency services are those that support one of the NS EP functions listed in 2a a above and are so critical that they must be provisioned at the earliest possible time without regard to cost to the user Verify that the Company cannot meet the service due date without a TSP assignment Obtain approval from the end user s invocation official to request a provisioning priority Invocation officials are designated individuals with the authority to request TSP provisioning for a telecommunications service and include the head or director of a federal agency commander of a unified specified military command chief of a military service commander of a major military command or state governor Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 68 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 200 Emergency Crisis Disaster Restoration and Provisioning Telecommunications Service Priority Cont d 2 20 3 Responsibilities of the End User End users or entities acting on their behalf must perform the following A Identify telecommunications services requiring priority B Request justify and revalidate all priority level assignments Revalidation must be completed every 2 years and must be done before exp
68. FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Title Page FIRST COMMUNICATIONS LEC LOCAL EXCHANGE COMMUNICATIONS SERVICES TARIFF Regulations and Schedule of Intrastate Rates and Charges Applying to End User Local Exchange Services Within the State of New York Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 2 TARIFF FORMAT A Leaf Numbering Leaf numbers appear in the upper right corner of the leaf Each leaf is numbered sequentially However a new leaf is occasionally added to the Tariff When a new leaf is added between those already in effect a decimal is added For example a new leaf added between leaf A 15 and leaf A 16 would be leaf A 15 1 B Leaf Revision Numbers Revision numbers also appear in the upper right corner of each leaf These numbers are used to determine the most current leaf version on file with the Commission For example the 4th Revised Leaf A 15 Cancels the 3rd Revised Leaf A 15 C Paragraph Numbering Sequence Each level of paragraph numbering herein is subservient to its next higher level as shown A l A 1 1 A 1 1 1 A 1 1 1 a A 1 1 1 a 1 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Comm
69. First Communications honors the Acceris local rates charged to local NY Customers 10 1 2 SERVICE CONNECTION CHARGES Line Connection Charge Residence per Line 21 71 Business per Line 21 71 Feature Change Charge Residence per Line 6 06 Business per Line 6 06 PIC Change Charge Residence per Line 5 00 Business per Line 5 00 10 1 2 1 RESTORAL CHARGE Residence per Line 50 00 C Business per Line or Trunk 50 00 C 10 1 2 2 MOVES ADDS AND CHANGES Residence Install Order Charge Per Order 58 56 Residence Record Order Charge Per Order 16 15 Residence Service Order Charge Per Order 20 19 Business Install Order Charge Per Order 58 56 Business Record Order Charge Per Order 16 15 Business Service Order Charge Per Order 20 19 10 1 2 1 CHARGES ASSOCIATED WITH PREMISES VISIT 10 1 2 1 a Technician Dispatch Charge Residence 110 00 Business 110 00 10 1 2 1 b Customer Not Ready Charge Residence 60 00 Business 60 00 Issued August 4 2008 Effective September 4 2008 Joseph Morris Chief Operating Officer First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 14 Section 10 GRANDFATHERED SERVICES Services no longer available for new service 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS 10 1 2 SERVICE CONNECTION CHARGES Cont 10 1 2 1 CHARGES ASSOCIATED WITH
70. LATIONS Cont d Users of Interexchange Carrier and Reseller Services Surcharge for State Gross Income and Gross Earnings Taxes The following surcharges are applicable to end users of interexchange carrier and reseller services Gross Revenue Tax Surchargesi Period Surcharge 10 1 1998 3 3592 1 1 2000 2 5641 MTA Tax Surcharges Period Surcharge 10 1 1998 5986 1 These surcharges are not applicable to services provided for resale to telecommunications companies possessing a Certificate of Public Convenience and Necessity issued by the Public Service Commission Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 32 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 9 SUSPENSION OR TERMINATION OF SERVICE 2 9 1 Suspension or Termination for Nonpayment In the event that any bill rendered or any deposit required is not paid the Company may suspend service or terminate service until the bill or the required deposit has been paid If service is suspended or terminated for nonpayment the Customer will be billed a Connection Charge as well as any payment due and any applicable deposits upon reconnection a Termination shall not be made until at least 20 days after written notification has been mailed to the bi
71. NTS ATTACHMENT I RATESGHEDULB 2 2 geRdepegedunt uenit aida 1 RATE SCHEDULE nosiai tete ete eet det D t ados arias 2 RATE SCHEDULE cti eee edet oi ee ebay ceptus 3 RATE SCHEDULE a iiti eet eei edge tei E ER ae er Seat 4 RATE SCHEDULE 2 inh ee b cu eo n RE ER EO oH ER Nro Poe S 5 RATE SGHEDULE itte e ec e trier tii 6 RATESGCHEDULE 2te tee diia 7 RATE SCHEDULE iie ERR prie reet aes CHEER ERR EE HH HERPES 8 IS MM oc el I EID A a id 9 RATE SCHEDULE eie tiet teen iP iis nara 10 RATE SCHEDULE teet Asiria 11 RATE SCHEDULE iii tdt 12 RATE SGHEDUTE AEREA colinas eii iud 13 RATE SCHEDULE oae a dia 14 RATE SCHEDULE 1 1 2 38 32 ria conti 15 RATE SCHEDULE ta eti dt uth digesta Et C ge CERE RR eee 16 RATE SCHEDULE nitet et reg nee te e re Er a ee ise ee departed 17 RATESGHEDULE teehee dl RIA pee este 18 RATE SCHEDULE em 19 RATE SCHEDULE nite 3 ceil Hil e rep a ee de 20 RATE SCHEDULDE 52 2 deveiie deste sc dester wicket iat dant tes 21 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 New York P S C Tariff No 2 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 1 Original Page 1 Section 1 APPLICATION OF TARIFF This tariff sets forth service offerings rates charges terms conditions and other related provisions applicable to the furnishing of or resale of intrastate end us
72. R 15 15 Additional 15 15 15 15 15 HR 15 15 Initial U West 15 15 15 15 15 15 HR 15 Additional 15 15 15 15 15 15 HR 15 Initial Gr Byram 15 15 15 15 15 15 15 HR Additional 15 15 15 15 15 15 15 HR 10 1 3 2 CALL CHARGES Application First 60 seconds additional per minute rate billed in six second increments for example the rate for a call 1 minute and six seconds in length is 0 15 0 15 10 0 15 015 0 165 rounded to nearest cent equals 0 17 HR indicates a home region or local call 10 1 3 3 Per Call Service Charges The following service charges apply to Regional Toll calls for which live or automated operator assistance is provided for call completion and or billing Minimum Maximum Customer Dialed Calling Card 0 10 0 60 Person to Person 0 10 3 75 N 3rd Number Billed 0 10 3 00 All other Operator Assistance 0 10 3 75 Issued February 8 2007 Effective March 8 2007 Joseph Morris Chief Operating Officer First Communications LLC 3340 West Market Street Akron OH 44333 DC01 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 16 N Current Rates Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS 10 1 4 SUPPLEMENTAL SERVICES 10 1 4 1 CLASS SERVICES Monthly Rates Descriptions for this service are located in Section 10 1 11 Residential Network Switched Service and Section 10 1 12 Business Network Switched
73. RO EE FE IPS RR ada oU EID tees sank 9 2 1 5 Limitations on Liability eeesseseseeeeeeeenee ennemi 10 2 1 6 Directory EEIOrS ionis e RE eed REI sas eiie to edis den 15 2 2 Minimum Period of Service cceceeccesscseeseeeeceseeseeecaecaeeeeeesecaeeeceeeceaeseeceaecaeeeeeeaeeneeenees 17 2 3 Flexible uiuunt 18 2 3 1 x Generals sensato De td tuf dA c du bee 18 2 39 2 Conditions eere to eerte n er cete me ri DO e date cea eee e ete P n 18 2 4 Payment for Services Rendered sse 19 2 4 1 Responsibility for All Charges seeeeeeeeeeeeenenneneeneenenn enne 19 2 422 gt JDepostis zucca a ei a t cer to e ROS tarte ota fette 21 243 Advanced Pa Mii RE ree en pete tert pe e 22 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 8 CONTENTS Cont d Page 2 4 4 Payment of Charges oooooconoconococonoconoconaconononnnnanonnn nono non nono nono enne nennen nennen nennen nenne 23 2 4 5 Cancellation of Application for Service sese 24 2 4 6 Changes in Service Requested sss ener 25 2 4 7 Return Check Charge tiritas ete ue ese idest e mrt edet etr ie aia da 25 2 4 8 Late Payment Charges ii 25 2 4 9 Customer Overpayment sss eene enne ennt en nennen naar nn en tnr en
74. Revised Page 3 Replacing Original Page 3 Section 8 SPECIAL SERVICES AND PROGRAMS Cont d 8 1 RESERVED FOR FUTURE USE Cont d T D D Issued June 3 2009 Effective June 17 2009 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 8 1 Revised Page 4 Replacing Original Page 4 Section 8 SPECIAL SERVICES AND PROGRAMS Cont d 8 2 RESERVED FOR FUTURE USE T D D Issued June 3 2009 Effective June 17 2009 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 8 Original Page 5 8 3 Section 8 SPECIAL SERVICES AND PROGRAMS Cont d SPECIAL EQUIPMENT FOR THE HEARING OR SPEECH IMPAIRED CUSTOMER As required by Section 92 a of New York State Public Service Law the Company will provide upon request specialized telecommunications equipment for a Customer certified as hearing or speech impaired A Customer can be certified as hearing or speech impaired by a licensed physician otolaryngologist speech language pathologist audiologist or an authorized representative of a social agency that conducts programs for persons with hearing or speech impairments in cooperation with an official agency of the State of New York The Company
75. S Cont d Cancellation of Application for Service Once submitted to the Company applications for service may not be canceled unless the Company otherwise agrees Where the Company agrees to cancel the Customer s application for service prior to the start of service or prior to the completion of any special construction rates and charges shall apply as follows a Where prior to the Company s receipt and acceptance of the Customer s cancellation notice the Company incurs any costs or expenses in securing appropriate approvals such as permits or in preparing to install the service including but not limited to the payment by the Company of nonrecurring and recurring fees to the Company s contractors agents or other providers or in procuring and or installing the service and or Company Facilities or where the Company incurs any costs or expenses in connection with the termination of an agreement with any of its suppliers or other parties when such fees and or costs are the result of the Customer s request a charge equal to the costs that the Company incurred less net salvage if any shall apply In no case shall this charge exceed the sum of the rates and charges for the minimum period of services ordered including installation charges as well as special construction charges and all rates and charges that others levy against the Company when such amounts would have been chargeable to the Customer had service begun all discounted to present
76. SO WNKHNYWKRSO NWBRNYNWDSO NYCQNYHSDSO WPFLNYWFDSO NYCKNY 14DS0 NYCONYNWDSO YNKRNYYNDSI NYCKNY77DS0 NYCONYNWDS1 NYCKNYAUDSO NYCXNYCRDSO NYCKNYAYDSO NYCXNYGCDSO NYCKNYBRDSO NYCXNYHORSO NYCKNYBUDSO NYCXNYJEDSO NYCKNYFTDSO NYCXNYTBDSO NYCKNYLADSO NYCXNYTRDS1 NYCKNYRADSO OLENNYHADSO NYCKNYTYDSO PGHKNYSHDSO 1 1 2 Availability Service is available where facilities permit N Issued December 31 2010 Joseph Morris Effective January 31 2011 Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 1 2 1 Section 2 GENERAL RULES AND REGULATIONS USE OF FACILITIES AND SERVICE 2 1 1 Obligation of the Company In furnishing facilities and service the Company does not undertake to transmit messages but furnishes the use of its facilities to its Customers for communications The Company s obligation to furnish facilities and service is dependent upon its ability a to secure and retain without unreasonable expense suitable facilities and rights for the construction and maintenance of the necessary circuits and equipment b to secure and retain without unreasonable expense suitable space for its plant and facilities in the building where service 1s or will be provided to the Customer or c to secure reimbursement of all costs where the owner or operator of a b
77. Section 10 GRANDFATHERED SERVICES N 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 4 Supplemental Services Cont 10 1 4 3 a Caller ID with Name from Acceris Section 5 12g Cont responsibility of the Customer to provide the necessary Customer premises equipment 10 1 4 3 b Call Return 69 from Acceris Section 5 12h Stores the number of the most recent incoming call including unanswered incoming calls to a Customer s number This allows a Customer to dial back any missed or unanswered calls 10 1 5 Busy Line Verification and Interrupt Services This section contents were located in Acceris Section 5 5 Busy Line Verification and Interrupt Service 10 1 5 1 The following sections mirror those of First Communications Acceris Tariff Section 5 5 Busy Line Verification and Interupt Service Mirrors First Communications Tariff Section Section 5 5 1 General Section 5 4 1 General Section 5 5 2 Rate Application Section 5 4 2 Rate Application 10 1 5 2 The following are not included in First Tariff but were in Acceris Tariff and will continue for the Acceris local customers 10 1 5 2 1 Rates from Acceris Section 5 5 5 Verification Charge each request Interrupt Charge each request Minimum Maximum 1 00 5 00 1 00 5 00 N Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President
78. Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 26 2 4 9 Section 2 GENERAL RULES AND REGULATIONS Cont d Customer Overpayments The Company will provide interest on Customer overpayments that are not refunded within 30 days of the date the Company receives the overpayment An overpayment is considered to have occurred when payment in excess of the correct charges for service is made because of erroneous Company billing The Customer will be issued reimbursement for the overpayment plus interest or if agreed to by the Customer credit for the amount will be provided on the next regular Company bill The rate of interest shall be the greater of the Customer deposit interest rate or the Company s applicable Late Payment Charge Interest shall be paid from the date when overpayment was made adjusted for any changes in the deposit rate or late payment rate and compounded monthly until the date when the overpayment is refunded The date when overpayment is considered to have been made will be the date on which the Customer s overpayment was originally recorded to the Customer s account by the Company Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 27 2 5 2
79. TCHED SERVICES Cont d Multi Line Service Recurring Charges Monthly Monthly Minimum Maximum Local Line Line Charge per line 0 00 17 59 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 11 Section 7 NETWORK SWITCHED SERVICES Cont d 72 3 PBX Trunks 1 General Analog and or digital PBX trunks are provided for connection of Customer provided PBX terminal equipment Analog trunks are delivered on a DSO level and digital trunks are delivered at the DS1 level All trunks are equipped with touch tone and multi line hunting DID service allows callers to reach the called party without going through a PBX attendant DOD service allows end users to dial outside of a PBX system without going through the PBX attendant to get access to an outside line Digital trunks cannot be two way trunks but must be ordered as with either Direct Inward Dialing DID or Direct Outward Dialing DOD For DID configured PBX trunks additional charges apply for Direct Inward Dial Station numbers Each Analog Trunk has the following characteristics Terminal Interface 2 wire or 4 wire as required for the provision of service Signaling Type Loop Ground E amp M I II II Pulse Type Dual Tone Multi Frequency DTMF Directio
80. TEE PAGE ci Ade gehe n rs dadas 1 TARIEFEORMA Tri dt sia 2 CONCURRING CARRIERS 1 etta dei tte die a ER t reas 3 CONNECTING CARRIERS etri A ada 3 OTHER PARTICIPATING CARRIERS S ciecie inenen a nnne tenerent trennen entente 3 EXPLANATION OF SYMBOLS REFERENCE MARKS AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF sees 4 IABLEOFCONTEN S 2 pin lidia 5 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 6 CONTENTS Section 1 APPLICATION OF TARIFF Page 1 1 Application ot Lar a ei emn bri c b mien retenus 1 Ved Service Perro tito e ERES iii 2 DVD Availability iet tte te tee ree Desde tt esee tb tea ist Eae 2 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 7 CONTENTS Section 2 GENERAL RULES AND REGULATIONS Page 2 1 Use of Facilities and Services e ener eet t ERR REPE aaa ds 1 2 1 1 Obligation of Company sse nennen nnne ener 1 2 1 2 Obligations of the Customer nennen enne 5 2 1 3 Connecting Equipment and Arrangements sse 7 2 14 Claims eie rrr de EE cade
81. Trunk Connection Service Order per DID trunk group 0 00 371 95 100 trunks per trunk 0 00 35 90 Service order charges apply as described in Section 3 of this tariff Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 2 Revised Page 18 Replacing 1 Revised Page 18 Section 7 NETWORK SWITCHED SERVICES Cont d Local DID Trunk Service Monthly Recurring Charges Minimum Maximum Local Trunk DID Charge per trunk 0 00 45 01 DID Number Charge per block of 100 numbers 0 00 18 23 DID number charge per block of 20 numbers 0 00 3 64 2 Wire DID Loop Additive trunk charges per DID trunk 0 00 19 08 4 Wire DID Loop Additive trunk charges per DID trunk 0 00 38 16 D D Issued January 15 2010 Effective February 1 2010 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 19 Section 7 NETWORK SWITCHED SERVICES Cont d 7 3 BUNDLED SERVICES 7 3 1 7 3 2 Bundled Residential Plans FirstTalk Basic Residential Unlimited Local Calling maximum Caller ID Name and Number Touchtone 900 976 blocking Intrastate long distance rate per minute
82. a three way conference Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 5 Section 5 SUPPLEMENTAL SERVICES Cont d 5 2 RATES AND CHARGES 1 Monthly Rates and Per Usage Rates Maximum and minimum rates for services are located in Sections 5 and 7 2 Connection Charges Connection charges may apply when a Customer requests connection to one or more custom calling features Orders requested for the same Customer account made at the same time for the same premises will be considered one request These charges may not apply if the features are ordered at the same time as other work for the same Customer account at the same premises Minimum 00 00 Maximum 20 00 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 6 Section 5 SUPPLEMENTAL SERVICES Cont d Monthly Recurring Rates Min Max Call Waiting Cancel Call Waiting 0 00 11 68 Three Way Calling 0 00 6 23 Speed Dial 8 0 00 6 23 Speed Dial 30 0 00 10 38 Call Forwarding Variable 0 00 6 23 Call Forwarding Busy 0 00 3 30 Call Forward
83. ability Upon any governmental prohibition or required alteration of the services to be provided or any violation of an applicable law or regulation the Company may immediately discontinue service without incurring any liability Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 39 2 9 6 Section 2 GENERAL RULES AND REGULATIONS Cont d In the event of fraudulent use of the Company s network the Company will discontinue service without notice and or seek legal recourse to recover all costs involved in enforcement of this provision Refusal of Service The Company may refuse to connect with or render service to an applicant for service when such service may or will adversely affect the service of other existing Customers or any other party or where the applicant has not complied with federal state county or municipal codes and or regulations concerning the rendition of such service The Company may refuse to serve an applicant for service or a Customer if in its judgment the provision of service is considered hazardous inconsistent with the terms of this tariff or of such nature that satisfactory service cannot be given The Company may deny service to an applicant or Customer because of an overdue unpaid prior ob
84. ach Flat Rate Service Line has the following characteristics Terminal Interface 2 wire Signaling Type Loop Start Pulse Type Dual Tone Multi Frequency DTMF Directionality Two way In Only or Out Only as specified by the customer 2 Recurring and Nonrecurring Charges In addition to the nonrecurring charges listed below service order charges apply as described in Section 3 of this tariff Minimum Maximum Nonrecurring Connection Charge 1 00 60 00 Monthly Recurring Charges Each Service Line 1 00 70 00 C Voice Mail Option per line 1 00 15 00 Issued August 4 2008 Effective September 4 2008 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 17 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 11 Residential Network Switched Services Cont 10 1 11 2 a Residential Empire Plan Service Bundle Custom from Acceris 6 2 2 Callling Features per line per month Each feature 1 00 10 00 CLASS Features per line per month Each feature 1 00 15 00 10 1 11 2 b Residential Liberty Plan Service Bundle from Acceris 6 2 2 l Description The Residential Liberty Plan Service Bundle Service provides the customer with a single analog voice grade
85. all Waiting CCW allows a Call Waiting CW Customer to disable CW for the duration of an outgoing telephone call CCW is activated 1 e CW 1s disabled by dialing a special code prior to placing a call and is automatically deactivated when the Customer disconnects from the call Repeat Dialing The Automatic Redial feature allows a Customer to automatically redial the last number dialed This is accomplished by the Customer activating a code The network periodically tests the busy free status of the called line for up to 30 minutes until both lines are found free and then redials the call for the Customer Repeat Dialing feature also allows Customers having reached a busy number to dial a code before hanging up Repeat Dialing feature then continues to try the busy number for up to 30 minutes until it becomes free Once the busy line is free the call is automatically redialed and the Customer is notified of the connected call via a distinctive ring Repeat Dialing The following types of calls cannot be accessed with Repeat Dialing Calls to 800 Service numbers Calls to 900 Service numbers Calls preceded by an interexchange carrier access code International Direct Distance Dialed calls Calls to Directory Assistance Calls to 911 Three Way Calling with Transfer This feature allows a user to hold an in progress call and complete a second call while maintaining privacy from the first call or to add on the previously held call for
86. arges Charges for each Message Rate Service line include a monthly recurring Base Service Charge and usage charges for completed calls originated from the Customer s line based on the total number of calls during the billing period In addition to the nonrecurring charges listed below service order charges apply as described in Section 3 of this tariff Local usage rates are provided in Section 6 herein Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 5 Section 7 NETWORK SWITCHED SERVICES Cont d Basic Local Line Service Non Recurring Charges Minimum Maximum Line Connection Charge per line up to 99 lines 0 00 50 05 Line Connection Charge over 99 lines 0 00 35 90 Service order charges apply as described in Section 3 of this tariff Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 6 Section 7 NETWORK SWITCHED SERVICES Cont d Basic Local Line Recurring Charges Monthly Monthly Minimum Maximum Local Line Line Charge per line 0 00 17 59 Issued January 20 2004 Effective February 20 200
87. arges apply unless the customer qualifies for connection assistance under the Link Up America plan as outlined in 8 2 following Service connection charges do not apply to change existing service from a Message Rate Service to Basic Lifeline Service b Basic Lifeline Service to Message Rate Service C Flat Rate Service to Flat Rate Lifeline service d Flat Rate Lifeline Service to Flat Rate Service N Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Attachment I Original Page 1 Attachment I A Schools and Libraries Discount Matrix Discount Level How Disadvantaged Urban Rural of students eligible for national school lunch program lt 1 20 25 1 19 40 50 20 34 50 60 35 49 60 70 50 74 80 80 75 100 90 90 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule 1 Revised Page 1 Replacing Original Page 1 CURRENT RATES SECTION 3 CONNECTION CHARGES Charge 3 2 RESTORAL CHARGE PER LINE 50 00 C 3 3 RATES AND CHARGES Account Setup Fee per account per location 25 00
88. ariff No 2 Rate Schedule Original Page 17 Current Rates Section 10 GRANDFATHERED SERVICES N 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS 10 1 5 BUSY VERIFICATION AND INTERRUPT SERVICE Verification Charge each request 2 50 Interrupt Charge each request 3 50 10 1 6 TRAP CIRCUIT SERVICE Maximum 5 00 10 1 7 NATIONAL DIRECTORY ASSISTANCE SERVICE Per query 0 75 10 1 8 LOCAL OPERATOR SERVICE Business Residential Local Operator Assistance per call 0 85 0 85 Collect Customer Dialed per call 1 00 1 00 Collect Operator Dialed per call 2 50 2 50 Bill to 3rd Party Operator Dialed per call 2 50 2 50 Person to Person Customer Dialed 3 50 3 50 Person to Person Operator Dialed 3 50 3 50 Call Completion 0 30 0 30 10 1 9 BLOCKING SERVICE Nonrecurring Charge 900 and 700 Blocking Residential 0 00 Business up to 200 lines 0 00 900 971 974 and 700 Blocking Residential 0 00 Business up to 200 lines 0 00 N Issued February 8 2007 Effective March 8 2007 Joseph Morris Chief Operating Officer First Communications LLC 3340 West Market Street Akron OH 44333 DC01 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule 1 Revised Page 18 Replaces Original Page 18 Current Rates Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS 10 1 9 BLOCKING SERVICE Cont M
89. ary 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 9 Original Page 5 Section 9 SPECIAL ARRANGEMENTS Cont d 9 2 NON ROUTINE INSTALLATION AND OR MAINTENANCE At the Customer s request installation and or maintenance may be performed outside the Company s regular business hours or in the Company s sole discretion and subject to any conditions it may impose in hazardous locations In such cases charges based on the cost of labor material and other costs incurred by or charged to the Company will apply If installation is started during regular business hours but at the Customer s request extends beyond regular business hours into time periods including but not limited to weekends holidays and or night hours additional charges may apply 9 3 INDIVIDUAL CASE BASIS ICB ARRANGEMENTS Rates for ICB arrangements will be developed on a case by case basis in response to a bona fide request from a Customer or prospective Customer for service which vary from tariffed arrangements Rates quoted in response to such requests may be different for tariffed service than those specified for such service in the Rate Attachment ICB rates will be offered to Customers in writing and will be made available to similarly situated Customers A summary of each ICB contract pricing arrangement offered pursua
90. ary 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 18 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 3 FLEXIBLE PRICING 2 3 1 Flexible Pricing sets minimum and maximum rates that can be charged for telephone service The Company may change a specific rate within the range of the established minimum and maximum rates on one day s notice to Customers and the Public Service Commission Conditions The Company reserves the right to change prices at any time subjectto regulatory requirements by filing a revised Rate Attachment with the Commission Individual written notice to Customers of rate changes shall be made in accordance with Commission regulations Where there are no regulations notification will be made in a manner appropriate to the circumstances involved A rate shall not be changed unless it has been in effect for at least thirty 30 days A Customer can request that the Company disconnect service that is provided under the Flexible Pricing due to a price increase The Customer will be credited for the difference between the new price and the old price retroactive to the effective date of the price increase if the Customer notifies the Company of its desire to disconnect service within 20 days of receiving notification of t
91. ates ide nere cU ae E E rae te Pe tee TO 12 5 6 Local Operator Serva ce x62 ceeds eei ertet pae e edP BERE ele e eH e eu edi 13 5 7 Directory Listing Description of Service ener 13 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 15 CONTENTS cont d Page 5 8 Blocking Serviette ia 16 DON HCOMe ra RE 16 5 8 2 Regpulatonsz5 ete EN 17 58 3 Rates and Charges ee dde eee erase ib dee 17 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 16 CONTENTS cont d Section 6 LOCAL CALLING AREAS AND CHARGES BASED ON TIME Page 6 1 Local Sic a ada 1 6 1 1 Local Rates and Charges and Time Periods sse 1 6 1 2 Local Calle ta tt esee tete Eta itt ua 1 6 2 Time Periods Defined us tawt Ga epe mtus vasis abs D oca M vsus ecc Goods 2 6 3 General Availability uie reir ed Per eerte ree euge 3 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C
92. ations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 3 Original Page 2 Section 3 CONNECTION CHARGES Cont d 3 2 RESTORAL CHARGE A restoral charge applies each time a service is reconnected after suspension or termination for nonpayment but before cancellation of the service as deemed in this Tariff Restoral Charge per line Minimum 0 00 Maximum 79 00 3 3 RATES AND CHARGES 3 3 1 Service Ordering Charges Charges are applicable when the Company receives or processes requests for service Nonrecurring Minimum Maximum Account Setup Fee per account per location 0 00 50 00 Applies when establishing a new account with the Company Record Order Charge per order 0 00 35 90 Applies for Customer requested changes which affect only Company maintained records Primary Service Order charge per order 0 00 140 00 Applies when a Customer add move lines trunks T 1 PRI IAD and Total Communications change analog PBX trunks and convert RCF to UNE Secondary Service Order Charge per order 0 00 80 00 Applies when a Customer add change Custom Calling or miscellaneous features toll blocking options DID Services voicemail change RCF terminating number and upgrade downgrade IAD channels Telephone Number Change Charge 0 00 80 00 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Cor
93. ble allowance for costs avoided by the Company as a direct result of the Customer s cancellation 2 16 TRANSFERS AND ASSIGNMENTS Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the services and Company Facilities provided by the Company without the written consent of the other party except that the Company may assign its rights and duties a to its parent company or to any of the Company s subsidiaries or affiliates b pursuant to any sale or transfer of substantially all the assets of the Company or C pursuant to any financing merger or reorganization of the Company Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 59 2 17 Section 2 GENERAL RULES AND REGULATIONS Cont d NOTICES AND COMMUNICATIONS The Customer shall designate on the Service Order an address to which the Company shall mail deliver or e mail all notices and other communications except that Customer may also designate a separate address to which Company bills shall be mailed delivered or if available by the Company transmitted The Company shall designate on the Service Order an address to which the Customer shall mail deliver or e mail all notices and other communications except that Company may desig
94. cations LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 19 1 CONTENTS Section 10 Grandfathered Services Page 10 1 Grandfathered Services for Former Acceris Customers essen 1 10 1 1 First Communications assumed esses 1 10 1 2 Connection Services sssssssssssessesseseee eene saa aia aasa ea 1 10 1 3 Regional Toll Usage and Mileage sess 3 10 1 4 Supplemental Services ener 7i 10 1 5 Busy Line Verification and Interruption seessssseeeeeeneeneennen 9 10 1 6 Trap Circuit Service uet eR rere eee pie eyed 10 10 17 Directory Assistance eo nnb ete tet eed dtc aa ned Ee Dee eges 11 10 1 8 Local Operator Assistance ooooocnioccooncconcconoconoconoconocono cono nn ron nnnnnnran enne enne 11 10 1 9 Blocking Services rre rettet ertt Ai 12 10 1 10Customer Requested Service Suspension ocooocococonnconnnonnnonnnonnonancon nono noco nono nacinnnns 13 10 1 11Residential Network Switched Services sene 14 10 1 12Business Network Switched Services 18 10 1 13Special Services and Programs essere 2 Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 N N FIRST COMMUNICATIONS LLC Original Page 20 CONTE
95. ch request 1 00 Interrupt Charge each request 1 50 5 5 DIRECTORY ASSISTANCE SERVICE Directory Assistance Calls Requested Local Number Charge 50 Per National Number Requested 50 5 6 LOCAL OPERATOR SERVICE Operator Assisted Surcharges Third Number Billing 1 33 Collect Calling 1 58 Person to Person 3 49 Issued January 20 2004 Effective February 20 2004 DC01 BARKK 269504 1 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 5 CURRENT RATES Section 5 SUPPLEMENTAL SERVICES cont d 5 7 DIRECTORY LISTING DESCRIPTION OF SERVICE For Listing or Per Number Charge Monthly Charge Additional Alternated or Duplicate Listing One Line 1 97 Two or More Lines 3 76 Primary Listing N C Non Published Number 2 04 Night Listing 3 76 Foreign Listing 1 97 Cross Reference Listing 1 97 Caption Listing N C Intercept Services Basic Intercept Service N C Extended Intercept Service per number referred 10 00 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 6 CURRENT RATES Section 5 SUPPLEMENTAL SERVICES cont d 5 8
96. cilities or c the reception of signals by any Customer provided equipment Neither the Customer nor any other party may molest rearrange disconnect remove attempt to repair change the operating environment of or otherwise interfere with any of the Company Facilities without the written consent and approval of the Company The Customer is responsible for ensuring the continued security and stability of the area in which such Company Facilities are placed The Company Facilities placed on the Customer s premises for use in connection with the services that the Company provides shall not be used for any purpose other than for providing the authorized services of the Company The Company reserves the right to discontinue service and remove such Facilities from the Customer s premises if the Customer or others are found to be using the Facilities for any other purpose The Company reserves the right to pursue any lawful action that it deems necessary to prevent such unauthorized use The Customer shall be responsible for the payment of service charges as set forth herein for each visit to the Customer s premises by the Company s employees contractors and or agents when a service difficulty or trouble report is found to result from the use of equipment or other arrangements provided by the Customer or any other party other than the Company and its employees contractors and or agents Issued January 20 2004 Effective February 20 2004 Josep
97. ctions contents were located in Acceris Section 6 Residential Network Switched Services 10 1 11 1 GENERAL from Acceris 6 1 Residential Network Switched Service provides a residential customer with a connection to the Company s switching network which enables the customer to a place and receive calls from other stations on the public switched telephone network b access the Company s local calling service c access the Company s operators and business office for service related assistance access toll free telecommunications services such as 800 NPA and access 911 service for emergency calling and d access the service of providers of interexchange service A customer may presubscribe to such provider s service to originate calls on a direct dialed basis or to receive 800 service from such provider or may access a provider on an ad hoc basis by dialing the provider s Carrier Identification Code 10X XX 10 1 11 2 SERVICE DESCRIPTIONS AND RATES from Acceris 6 2 The Residential Empire Plan and Liberty Plan Bundle delivers one or multiple switch voice grade analog lines POTS lines to a residential Customer Included within the Garden State Residential Bundled Service Plan are five fixed standard features and unlimited local local toll and domestic long distance 1 Local service is limited to 2 500 minutes of use per month local toll service is limited to 1 000 minutes of use per month and domestic long distance is limited t
98. d equipment used to provide communications service s to the Customer from the cable building entrance or property line to the location of the equipment space described herein Any and all costs associated with obtaining and maintaining the rights of way described herein including the costs of permits and of altering the structure to facilitate installation of the Company Facilities shall be borne entirely by and may be charged by the Company to the Customer The Company may require the Customer to demonstrate its compliance with this section prior to the Company accepting an order for service The Customer shall also be responsible for providing a safe place for the Company s employees contractors and or agents to work and for complying with all laws and regulations regarding the working conditions on the premises at which Company employees contractors and or agents shall be installing or maintaining the Company Facilities If the Customer requires or desires that the Company Facilities be placed and maintained within an area that in the Company s opinion is or may be hazardous e g an area in which in the Company s opinion injury or damage to the Company s employees contractors and or agents or to Company Facilities may result from installation or maintenance by the Company s employees contractors and or agents the Customer shall be required to install and maintain the Company Facilities within that area The Customer shall also be re
99. d in this tariff at a discount rate in accordance with the Rules adopted by the Federal Communications Commission FCC in its Universal Service Order 97 157 issued May 8 1997 and the New York State Public Service Commission in its Opinion and Order 97 11 Adopting Discounts for Services for Schools and Libraries issued June 25 1997 The Rules are codified at 47 Code of Federal Regulation C F R 54 500 et seq As indicated in the Rules the discounts will be between 20 and 90 of the pre discount price which is the price of services to schools and libraries prior to application of a discount The level of discount will be based on an eligible school or library s level of economic disadvantage and by its location in either an urban or rural area A school s level of economic disadvantage will be determined by the percentage of its students eligible for participation in the national school lunch program and a library s level of economic disadvantage will be calculated on the basis of school lunch eligibility in the public school district in which the library is located A non public school may use either eligibility for the national school lunch program or other federally approved alternative measures to determine its level of economic disadvantage To be eligible for the discount schools and libraries will be required to comply with the terms and conditions set forth in the Rules Discounts are available only to the extent that they are funded by the
100. dential Customers b Charges will be billed in the number of installments of equal dollar amounts as requested by the Customer up to a maximum of 12 installments over the course of 12 months C A Customer may not pay a portion of the charges and then request installment billing for the remaining charges d More than one installment plan may be in effect for the same Customer at the same time e If a Customer disconnects service during the installment payment period all unbilled charges will be included in the final bill rendered f A Customer may elect to pay the unbilled charges before the expiration of the installment plan g Installment billing payments will continue even when an account is temporarily suspended h No interest or carrying charges will be applied to the outstanding balance during the installment period iResidential services applies to service furnished in private homes or apartments including all parts of the Customer s domestic establishment for domestic use Residential rates apply in college fraternity or sorority houses convents and monasteries and to the clergy for domestic use in residential quarters Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 47 Section 2 GENERAL RULES AND R
101. der j Infringement of patent copyright trade secrets or trademarks k Any unlawful or unauthorized use of Company Facilities and services l Changes in any of the Company Facilities or in any of the Company procedures or operations that render any equipment facilities or services provided by the Customer obsolete or in need of modification m Any intentional wrongful act of any Company employee s contractor s or agent s when such act is not within the scope of their responsibilities for the Company and or is not authorized by the Company n Any representations made by Company employees contractors or agents that do not comport or that are inconsistent with the provisions of this tariff Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 14 Section 2 GENERAL RULES AND REGULATIONS Cont d The Company neither guarantees nor makes any warranty with respect to installations provided by it or its agents for use in an explosive atmosphere The Company shall be indemnified defended and held harmless by the Customer from and against any and all claims loss demands suits or other action or any liability whatsoever including attorney fees whether suffered made instituted or asserted by the Customer or by any other pa
102. e per trunk Trunk Basic Service Basic Trunk Service provides the Customer with a single voicegrade communications channel Basic Trunk Service is to be used to connect the Customer s Private Branch Exchange PBX systems to the Public Switched Network PSN Each Basic Trunk Service is automatically configured into a Hunting Arrangement along with other Company provided Basic Trunk Services Each Basic Trunk Service will for an additional charge be equipped with Basic Direct Inward Dial DID and Direct Outward Dial DOD capability Charges for blocks of telephone numbers assigned pursuant to the North America Numbering Plan are reflected herein Local Trunk Basic Rates and Charges A local Trunk Basic Customer will be charged applicable Non Recurring Charges monthly Recurring Charges and usage charges as specified herein Local DID Trunk Service Local DID Trunk Service provides the Customer with a single incoming voice grade communications channel Local DID Trunk Service is to be used to connect the Customer s Private Branch Exchange PBX systems to the Public Switched Network PSN and transmits the dialed digits for all incoming calls thereby allowing the Customer s PBX system to route incoming calls directly to individual stations by Customer assigned DID telephone number Each Local DID Trunk Service is automatically configured into a Hunting Arrangement along with other Company provided Local DID Trunk Services
103. e 4 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 3 Regional Toll Usage and Mileage Charges Cont 10 1 3 2 e CALL CHARGES from Acceris Section 4 5 Rates are based upon the originating and terminating region within the New York Metro LATA time of day period as defined in Section 4 3 and the length of call Unless otherwise indicated in this tariff the charge for the length of call is determined based upon an initial 60 second period and additional increments of 6 seconds or fractions thereof In addition where live or automated operator assistance 1s required for call completion or billing a per call service applies Charges for all classes of calls may be to the calling station to the called station when the called party agrees to accept the charges to an authorized telephone number which is not the called station or the calling station 3rd number billing or to an authorized calling card 10 1 3 2 Usage Charges from Acceris Section 4 5 1 Minimum Rates may be reduced selectively and in varying amounts down to incremental cost on one day s notice to customers and the Public Service Commission N N Issued February 8 2007 Effective March 8 2007 DCO1 BARKK 269504 1 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 443
104. e furnished in private homes or apartments including all parts of the Customer s domestic establishment for domestic use The use of residential service and facilities is restricted to the Customer members of the Customer s domestic establishment and joint users Deposits Except as provided in b following the Company may require a deposit as described in Section 2 4 2 of this Tariff from a residential customer who is applying for service if the customer 1 has had service terminated for nonpayment once within the preceding six month period or 2 is delinquent in payment A customer is delinquent in payment if that customer has received two consecutive telephone bills without making payment of at least one half the total arrears due on the due date of the second bill A customer is not considered delinquent however if an amount in dispute is not paid before the dispute is resolved An existing customer is an applicant for service who was a customer of the Company within twelve months of making the request provided that prior service was not terminated for nonpayment unless service is requested within 10 days of such termination for nonpayment Applicants for residential service and existing residential customers are permitted to pay deposits in installments over a period not to exceed 6 months A new customer is an applicant for service who has not been a customer of the Company within twelve months of making the request for se
105. e of New York or 2 A pre existing certification establishing the impairment of hearing or speech such as those which qualify the handicapped person for social security benefits on the basis of total hearing impairment or for the use of facilities of an agency for a person with hearing or speech impairment Qualification A Customer qualifying for the discount is one whose impairment is such that competent authority would certify him or her as being unable to use a telephone for voice communication See Section 11 Handicapped Person for a listing of the necessary qualifications Billing The reduction in charges is applied only at one location designated by the impaired person Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 8 Original Page 7 Section 8 SPECIAL SERVICES AND PROGRAMS Cont d 8 5 UNIVERSAL EMERGENCY TELEPHONE NUMBER SERVICE Universal Emergency Telephone Number Service 911 Service is an arrangement of Company central office and trunking facilities whereby any telephone user who dials the number 911 will reach the emergency report center for the telephone from which the number is dialed or will be routed to an operator if all lines to an emergency report center are busy If no emergency report center Customer exists for
106. e or no charge published directory listings credit shall be given at the rate of two times the monthly tariff rate for an additional or charge listing for each individual auxiliary or party line PBX trunk or Centrex attendant loop affected for the life of the directory or the charge period during which the error mistake or omission occurs 2 Charge Listings For additional or charge published directory listings credit shall be given at the monthly tariff rate for each such listing for the life of the directory or the charge period during which the error mistake or omission occurs 3 Operator records For free or charge listings obtainable from records used by the directory assistance operator upon notification to the Company of the error mistake or omission in such records by the subscriber the Company shall be allowed a period of three business days to make a correction If the correction is not made in that time credit shall be given at the rate of 2 30ths of the basic monthly rate for the line or lines in question for each day thereafter that the records remain uncorrected 4 Credit limitation The total amount of the credit provided for the preceding paragraphs 1 2 and 3 shall not exceed on a monthly basis the total of the charges for each charge listing plus the basic monthly rate as specified in paragraph 3 for the line or lines in question Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of
107. e otherwise applicable charges for a non published telephone listing N where the Customer requests protection of its identity in connection with the Customer s purchase of telephone service and the Customer is a victim of domestic violence as defined in Section 459 a of the social services law and for whose benefit any order of protection other than a temporary order of protection has been issued by a court of competent jurisdiction This waiver of charges shall be for the duration of the applicable non temporary order Any non published listing will conform to all the same requirements of other non published listings A Customer requesting such accommodation shall provide a copy of the order of protection to the Company N Foreign Listing Listings appearing in a directory other than the directory in which local service is furnished Cross Reference Listing May be furnished when it is necessary to refer the directory user to another directory listing Caption Listing Listings may be indented under a caption or subcaption at no additional charge when in the judgment of the Company the captions will facilitate the use of the service M Material previously located on this page has moved to page 15 M Issued January 10 2011 Effective January 25 2011 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C
108. e reconnection The Commission may direct that service be reconnected in less than 24 hours Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 48 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 11 7 Deferred Payment Agreements Service will not be suspended or terminated unless the Customer has been advised that a deferred payment plan can be arranged An existing residential Customer with three or more months service and for whom service has not been terminated for nonpayment is eligible for Deferred Payment Arrangements DPA The Company must offer an eligible Customer a DPA in accordance with the Commission s order in Case 90 C 1148 issued on August 7 1992 Final notice of suspension termination will advise the Customer of deferred payment arrangements and will include in bold print a notice that assistance in reaching an agreement may be obtained from the Commission The DPA notice will be mailed no less than six days before termination of total service A Deferred Payment Agreement will be for a period agreed to by both the Customer and the Company If the Company believes that the Customer has the resources to pay the bill it shall notify both the Customer and the Commission in writing of the reasons for its belief The
109. e whatsoever Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 8 Original Page 9 Section 8 SPECIAL SERVICES AND PROGRAMS Cont d 8 7 SPECIAL CREDIT CARD FOR BLIND AND DISABLED PERSONS 8 7 1 8 7 2 General Persons who are blind or whose disability causes difficult with hand and finger coordination and use of a telephone qualify for a Special Credit Card The card may be used from any telephone within the Company s territory to place calls within and outside the state of New York at a special rate or to place calls from a telephone outside of the Company s territory but within the state of New York at rates applicable to the territory from which the call is made Rate Within the Company s Territory Station to station toll calls placed with operator assistance will be billed at the lower rate normally applicable to calls placed without operator assistance Local calls cannot be charged to the card Person to person calls charged to the card with be billed at the higher operator handled rate Outside the Company s Territory but within New York State All rates charges billing and restriction in effect in the territory from which the call is made will apply Issued January 20 2004 Effective February 20 2004 Joseph M
110. each time there is a change in the long distance carrier associated with the Customer s intraLATA or interLATA service after the initial installation of service Minimum 0 00 Maximum 5 00 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 4 Original Page 1 Section 4 INTRALATA TOLL USAGE AND MILEAGE CHARGES 4 1 GENERAL 4 1 1 Description IntraLATA toll service is furnished for communication between telephones in different local calling areas within a particular LATA in accordance with the regulations and schedules of charges specified in this tariff The toll service charges specified in this section are in payment for all service furnished between the calling and called telephone except as otherwise provided in this Tariff IntraLATA toll calling includes the following types of calls direct dialed calling card collect 3rd number billed special toll billing requests to notify of time and charges person to person calling and other station to station calls 4 1 2 Classes of Calls Service is offered as two classes station to station calling and person to person calling a Station to Station Service is that service where the person originating the call dials the telephone number desired or gives the Company operator the telephone
111. ed in Acceris Section 5 12 Customer Requested Service Suspensions 10 1 10 1 From Acceris 5 12 1 At the request of the customer the Company will suspend incoming and outgoing service on the customer s access line for a period of time not to exceed one year The equipment is left in place and directory listings are continued during the suspension period without change At the customer s request the Company will provide the customer with an intercept recording referring callers to another number 10 1 10 2 From Acceris 5 12 2 The company will assess a lower monthly rate for Customer Requested Service Suspension as noted below However any mileage charges monthly cable charges or monthly construction charges are still due without reduction during the period of suspension Period of Suspension Charge First Month or Partial Month Regular Monthly Rate no reduction Each Additional Month up to the one year limit 1 2 Regular Monthly Rate Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DC01 BARKK 269504 1 N N FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 14 Section 10 GRANDFATHERED SERVICES N 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 11 Residential Network Switched Services This se
112. ed to be correct and binding upon the Customer A bill will not be deemed correct and binding upon the Customer if the Company has records on the basis of which an objection may be considered or if the Customer has in his or her possession such Company records If objection results in a refund to the Customer such refund will be with interest at the greater of the unadjusted Customer deposit rate or the applicable late payment rate 1f any for the service classification under which the Customer was billed Interest will be paid from the date when the Customer overpayment was made adjusted for any changes in the deposit rate or late payment rate compounded monthly until the overpayment is refunded Notwithstanding the foregoing no interest will be paid by the Company on Customer overpayments that are refunded within 30 days after the overpayment is received by the Company Where an objection to the bill involves a superseded service order the items and charges appearing on the bill shall be deemed to be correct and binding upon the Customer if objection 1s not received by the Company within two months after the bill is rendered Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 24 2 4 5 Section 2 GENERAL RULES AND REGULATION
113. ehold are under 18 years of age over 62 years of age blind or disabled In cases where service has been suspended or terminated and the Company subsequently learns that the Customer is entitled to the protection established herein the Company shall within 24 hours of such notification restore service for an additional 20 days and make a diligent effort to contact in person an adult resident at the Customer s premises for the purpose of devising a payment plan 2 11 12 Backbilling for Residential Customers The Company shall not charge a residential Customer for previously unbilled service or adjust upward a bill previously rendered when the period for the unbilled service or billing adjustment is more than six months prior to the mailing of the bill or the upward adjustment unless the conduct of the Customer caused or contributed to the failure of the Company to render timely accurate billing Unless the Customer causes the late billing the Company shall explain the reason for the late billing and shall advise the Customer that suspension termination of service is not permitted for charges billed in excess of six months after the service was provided The Customer will be given the opportunity to pay the charges under an installment plan on a schedule equal in time to the length of the backbilling period Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340
114. ent for use by the Company a termination liability may apply for facilities specially constructed at the request of a Customer The period on which the termination liability is based is the estimated service life of the facilities provided The amount of the maximum termination liability is equal to the estimated amounts including return for 1 Costs to install the facilities to be provided including estimated costs for the rearrangements of existing facilities These costs include a equipment and materials provided or used b engineering labor and supervision c transportation and d rights of way and or any required easements 2 license preparation processing and related fees 3 tariff preparation processing and related fees 4 cost of removal and restoration where appropriate and 5 any other identifiable costs related to the specially constructed or rearranged facilities The termination liability method for calculating the unpaid balance of a term obligation is obtained by multiplying the sum of the amounts determined as set forth in Section 9 1 3 2 preceding by a factor related to the unexpired period of liability and the discount rate for return and contingencies The amount determined in Section 9 1 3 2 preceding shall be adjusted to reflect the redetermined estimated net salvage including any reuse of the facilities provided This amount shall be adjusted to reflect applicable taxes Issued January 20 2004 Effective Febru
115. er communications services by First Communications LLC Company to Customers within the State of New York Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 1 1 Revised Page 2 Replacing Original Page 2 Section 1 APPLICATION OF TARIFF 1 1 Application of Tariff This Tariff sets forth the regulations and rates applicable to services provided by First Communications LLC as follows The furnishing of intrastate communications services by virtue of one way and or two way information transmission between points within the State of New York 1 1 1 Service Territory Service Areas The Company s exchange areas rate groups and local calling areas are identical to those defined in the tariffs of the ILEC Verizon New York Inc serving the same exchange area as the Company As of January 31 2011 First Communications will no longer provide local exchange service to N customers in the following central offices BNGHNYHYDSI NYCKNYWMDS2 PGHKNYSPDSO CTBRNYCBRSO NYCMNY13DS0 RVHDNYRVDSO FLBGNYFBDSO NYCMNYCADSO SCDLNYSRDSO FTCVNYFCRSO NYCMNYMNDSO SSLMNYSSDSO GRNKNYGNDSO NYCMNYTHDSO SYRCNYEPDSO HNDLNYHIRS2 NYCMNYVSDSO SYVLNYSADSO MHPCNYMPRSO NYCMNYWADSO TROYNYO3DSO MTVRNYMVDSO NYCQNYBADSO WHVRNYWHDSO NGFLNYWODSO NYCONYCOD
116. er minute of use 0 049 Custom Calling Features per line per month Three Way Calling 4 67 Call Forward 4 67 Call Forward Busy 2 48 Call Forward No Answer 2 25 Call Forward Busy No Answer included with voicemail 3 56 Call Waiting 8 76 Call Waiting ID Deluxe 7 13 Distinctive Ringing Ist Additional Number 5 65 2nd Additional Number 5 65 Regular Hunting Included in Basic Service Speed Dial 8 Number List 4 67 30 Number List 7 79 Anonymous Call Rejection 3 38 Call Return 69 3 38 Selective Forwarding 3 03 CLASS Features per line per month Caller ID with Name 7 13 Busy Redial 3 38 Issued February 8 2007 Effective March 8 2007 Joseph Morris Chief Operating Officer First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1
117. er s phone number to be blocked from selected Caller ID units by dialing a code before the number being dialed Caller ID Privacy Blocks the delivery of customer s Caller ID information on a per trunk group basis Call Trace Allows a Customer to dial a code to automatically request that the Company or specified Utility to record a caller s originating telephone number and the date and time of the call as well as the date and time the Customer initiated trace The information is disclosed only to a law enforcement agency for investigation purposes Multi Ring Service 2 Allows the subscriber to have as many as two different telephone numbers associated with a single line without adding a second or third access line A Distinct ringing will be provided for each of the additional telephone numbers to facilitate identification of incoming calls Multi Ring Service 3 Allows the subscriber to have as many as three different telephone numbers associated with a single line without adding a second or third access line A Distinct ringing will be provided for each of the additional telephone numbers to facilitate identification of incoming calls Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 3 Section 5 SUPPLEMENTAL SERVI
118. eriod and end in another will be charged according to the applicable period for each portion of the call except for per call rates will be charged according to the rate period the call begins Local Calling Local Services This section contains a general description of the services offered by the Company and the rates and charges applicable to each such service The Company provides switched telephonic quality voice and data transmission services that enable Customers and Authorized Users to communicate on a real time basis between points within local exchange service areas in the State of New York as well as ancillary services that facilitate the use or expand the capabilities of switched communications services Services will be provided through the use of the Company s switches through the use of Unbundled Network Elements UNEs Resold Services and through the use of Company Facilities Exchange Access Service 1 e Local Exchange Service Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 6 Original Page 2 Section 6 LOCAL CALLING AREAS AND CHARGES BASED ON TIME Cont d 6 2 TIME PERIODS DEFINED Time Periods Day Evening and Night rate periods are shown below On holidays Evening rates will apply unless a lower rate would nor
119. et Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 10 Section 5 SUPPLEMENTAL SERVICES Cont d 5 4 BUSY VERIFICATION AND INTERRUPT SERVICE 5 4 1 General Upon request of a calling party the Company will verify a busy condition on a called line An operator will determine if the line is clear or in use and report to the calling party In addition the operator will intercept an existing call on the called line if the calling party indicates an emergency and requests interruption 5 4 2 Rate Application a A Verification Charge will apply when 1 The operator verifies that the line is busy with a call in progress or 2 The operator verifies that the line is available for incoming calls b Both a Verification Charge and an Interrupt Charge will apply when the operator verifies that a called number is busy with a call in progress and the Customer requests interruption The operator will interrupt the call advising the called party of the name of the calling party and the called party will determine whether to accept the interrupt call Charges will apply whether or not the called party accepts the interruption C No charge will apply when the calling party advises that the call is from an official public emergency agency 5 4 3 Rates Minimum Maximum Verification Charge each request 0 00 1 00 Interrupt Charge each request 0 00 1 50 Issued January 20 2004 Effective Februar
120. f Section 5 7 1 General 5 5 1 General 5 7 2 Regulation c and d 5 5 2 Rate Application a and b respectively 10 1 7 2 The following are not included in First Tariff but were in Acceris Tariff and will continue for the Acceris local customers 10 1 7 2 a Regulations from Acceris 5 7 2 Additional exceptions a Calls from coin telephones including COCOTS b Requests for telephone numbers of non published service 10 1 7 2 b Rates from Acceris 5 7 3 Unless one of the exceptions listed above applies the charges as shown below apply for each request made to the Directory Assistance operator Minimum 0 00 Maximum 0 75 10 1 8 Local Operator Service This sections contents were located in Acceris Section 5 8 Local Operator Service Local calls may be completed or billed with the live or mechanical assistance by the Company s operator center Calls may be billed collect to the called party to an authorized 3rd party number to the originating line or to a valid authorized calling card Local calls may be placed on a station to station basis or to a specified party see Person to Person or designated alternate Usage charges for local operator assisted calls are those usage charges that would normally apply to the calling party s service Where no local charge applies flat rate Section 10 service the usage charge is 0 00 In addition to usage charges an operator assistance charge applies to each call Minimum Maxim
121. facilities specially constructed at the request of the Customer a The termination liability period is the estimated service life of the facilities provided b The amount of the maximum termination liability is equal to the estimated amounts for 1 Installed cost of the facilities provided including estimated costs for Q 3 4 5 rearrangements of existing facilities and or construction of new facilities as appropriate less net salvage The installed cost includes but may not be limited to the cost of equipment and materials provided or used engineering labor and supervision transportation rights of way and shipping and delivery license preparation processing and related fees tariff preparation processing and related fees cost of removal and restoration where appropriate and any other identified costs related to the specially constructed or rearranged facilities Calculating Termination Charges Termination charges shall be computed in accordance with tariffed regulations or contractual agreements in effect Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 9 Original Page 4 Section 9 SPECIAL ARRANGEMENTS Cont d 9 1 1 Termination Liability To the extent that there is no other requirem
122. ge the referral period for the disconnected number is 180 days When service in an existing location is continued for a new Customer the existing telephone number may be retained by the new Customer only if the former Customer consents in writing and if all charges against the account are paid or assumed by the new Customer Dishonored Checks If a Customer who has received a notice of discontinuance pays the bill with a check that is subsequently dishonored the account remains unpaid and the Company is not required to issue any additional notice before disconnecting service Deposits Deposits will be returned to a Customer upon cancellation of service or after one year whichever event occurs first unless the Customer is delinquent in payment in which case the Company will continue to retain the deposit until the delinquency is satisfied If a service is involuntarily discontinued the deposit is applied against the final bill and any balance is returned to the Customer Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 43 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 11 ADDITIONAL PROVISIONS APPLICABLE TO RESIDENTIAL CUSTOMERS 2 11 1 2 11 2 Application of Rates Residential service applies to servic
123. ging 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 any claim of infringement or terminate the claimed infringing use or modify such infringement Customer Provided Equipment The service and facilities furnished by the Company are subject to the following limitations the Company shall not be liable for damage arising out of mistakes omissions interruptions delays errors or defects in transmission or other injury including but not limited to injuries to persons or property from voltages or currents transmitted over the facilities of the Company caused by Customer provided equipment or premises wire Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 11 Section 2 GENERAL RULES AND REGULATIONS Cont d c Use of Facilities of Other Companies When the facilities of other companies are used in establishing a connection the Company is not liable for any act error omission or interruption caused by the other company or their agents or employees This includes the provision of a signaling system database by another company The liability of the Company for damages a
124. governmental entity and the Carrier whether such payments or such service be called a license occupational privilege franchise or inspection tax or fee or otherwise or whether in a lump sum or at a flat rate based on receipts or otherwise the aggregate amount of such payments and such service will be billed insofar as practical pro rata to the Customers within such municipality political subdivision or other area provided however the foregoing shall not apply to any such payment or payments or to any such service s without charge or at reduced rates during the term of any agreements or arrangement now in effect Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 29 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 7 5 Village or Municipal Surcharge On Local Utility Gross Revenue Taxes Introduction cancellation or modification of a surcharge will be effective on the date of the Customer s first bill rendered after the effective date of the change Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 30 Secti
125. groups that define the service profile are contained in the Service User Manual Complete the TSP Request for Service Users form SF 315 available on the National Communications System NCS website http tsp ncs gov For non federal users have their TSP requests approved by a federal agency sponsor Non federal users should contact the OPT at the NCS website http tsp ncs gov for information on identifying a sponsor for TSP requests Submit the SF 315 to the OPT Upon receipt of the TSP Authorization Code from the OPT notify the Company and include the TSP Authorization Code in any service order to the Company requesting restoration of NS EP services Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 67 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 20 Emergency Crisis Disaster Restoration and Provisioning Telecommunications Service Priority Cont d 2 20 2 TSP Request Process Cont d B Provisioning To request a TSP provisioning priority assignment a prospective TSP user must follow the same steps listed in 2a above for restoration priority assignment except for the following differences The user should Certify that its telecommunications service is an Emergency service
126. h Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 5 Section 2 GENERAL RULES AND REGULATIONS Cont d The title to all Company Facilities provided in accordance with this tariff remains with the Company its contractors or agents therefore the Customer has no property right to any such facilities The Company reserves the right to change telephone numbers or the central office designation associated with such numbers or both assigned to the Customer whenever the Company deems it necessary to do so in the conduct of its business Whenever possible the Company will provide at least ninety 90 days written notice of any such change The Company will provide interim number portability and permanent number portability as required and requested by end user Customers Obligations of the Customer The Customer shall be responsible for complying with the terms of this tariff and for the payment of all applicable rates and charges that the Company applies pursuant to this tariff The Customer shall also be responsible for the payment to the Company of any costs associated with damage to or loss of the Company s facilities or equipment caused by the acts or omissions of the Customer or the noncompliance by the Customer with this tariff or the law or by fire or theft or other casualty on the Cust
127. h causes or could cause injury or harm to the population damage or loss to property or degrades or threatens the NS EP posture of the United States TSP restoration and or provisioning shall be provided in accordance with Part 64 Appendix A of the Federal Communications Commission s Rules and Regulations 47 C F R and the Service Vendor Handbook For The Telecommunications Service Priority TSP Program and the Service User Manual for the Telecommunications Service Priority TSP System NCS Manual 3 1 1 Service User Manual issued and updated as necessary by the Office of Priority Telecommunications OPT of the National Communications System Any changes to or reissuance of these regulations or manuals supersede tariff language contained herein The TSP program has two components restoration and provisioning 1 A restoration priority is applied to new or existing telecommunications services to ensure restoration before any other services during a service outage TSP restoration priorities must be requested and assigned before a service outage occurs 2 A provisioning priority is obtained to facilitate priority installation of new telecommunications services during a service outage Provisioning on a priority basis becomes necessary when an end user has an urgent requirement for a new NS EP service that must be installed immediately or by a specific due date that can be met only by a shorter than standard or expedited Company pr
128. hange carrier providing the Foreign Listing Alternate Call Listings Where available a listing which references a telephone number which is not the primary listing for the Customer The Customer must provide written verification that the alternate telephone number is authorized to accept calls Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 1 Revised Page 14 Replacing Original Page 14 Section 5 SUPPLEMENTAL SERVICES Cont d 5 7 DIRECTORY LISTING DESCRIPTION OF SERVICES Cont d Primary Listing One listing termed the primary listing is included with each Customer s service with the primary line of a line hunting group with each Joint User service Additional Listing If more than one listing in the directory is requested an additional listing may be furnished in other names when in sole judgment of the Company the subscriber s service is not a joint user shared or being resold Non Published Number A non published number will be furnished at the Customer s request A non published number is not listed in the Company s telephone directories or in directory assistance records Listing information name address and number on a non published number is not available to the general public The Company will waive th
129. harges are listed with each service to which they apply The Company alone may make changes in the location of its lines and equipment When it is found that a move or change of such lines or equipment has been made by others the Connection Charge for the underlying service will apply as if the work had been done by the Company The Customer may be assessed a charge for any move add or change of a Company service Move Add and Change are defined as follows Move The disconnection of existing equipment at one location and reconnection of the same equipment at a new location in the same building or in a different building on the same premises Add The addition of a service to existing equipment and or service at one location Change The change including rearrangement or reclassification of existing service at the same location Exceptions to the Charge a No charge applies for a change to a service for which a lower monthly rate applies made within 90 days after any general rate increase if a lower grade of service is offered in the Customer s exchange b No charge applies for one change in the class of residence service provided that the change is ordered within 90 days of the initial connection of the Customer s exchange service c The Company may from time to time waive or reduce the charge as part of a promotion Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Oper
130. he Acceris local customers 10 1 13 2 a Lifeline Telephone Service Options from Acceris 8 1 1 Flat Rate Lifeline Service This service provides a full waiver of the 3 50 monthly federal subscriber line charge plus a reduction of 1 75 in the monthly Service Line rate which is offset by a Federal intrastate revenue contribution for flat rate Lifeline customers Basic Lifeline Service This service provides a full waiver of the 3 50 monthly federal subscriber line charge plus a reduction of 1 75 in the monthly Service Line rate which is offset by a Federal intrastate revenue contribution for message rate Lifeline customers There is no monthly allowance for local calls Primary area and Home Region calls are untimed Extended area calls where available are timed Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 N N FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 23 Section 10 GRANDFATHERED SERVICES N 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 13 Special Services and Programs Cont 10 1 13 2 b Charges from Acceris 8 1 3 A qualified customer may choose one of the Lifeline services as described above For connection of new service service connection ch
131. he Company shall offer services to eligible rural health care providers and consortia at prices no higher than the highest urban rate as defined in the FCC Order and Rules In competitive bidding situations where specific flexible pricing arrangements are allowed the Company may offer flexible pricing to determine the reduced rate subject to New York State Public Service Commission approval Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 64 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 19 1 Rates and Charges The following price adjustments will be available to eligible rural heath care providers except Section 2 19 1 subparagraph c which shall be available to all eligible health care providers regardless of location a A reduced rate for telecommunications services using a bandwidth capacity of up to 1 544 Mbps not to exceed the highest tariffed or publicly available rate charged to a commercial Customer for a similar service provided over the same distance in the nearest city in New York State with a population of at least 50 000 An exemption from some mileage charges for any telecommunications services using a bandwidth capacity of up to 1 544 Mbps that is necessary for the provision of health care
132. he price increase Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 19 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 4 PAYMENT FOR SERVICE RENDERED 2 4 1 Responsibility for All Charges Any applicant for facilities or service may be required to sign an application form requesting the Company to furnish the facilities or service in accordance with the rates charges rules and regulations from time to time in force and effect The Customer is responsible for all local and toll calls originating from the Customer s premises and for all calls charged to the Customer s line where any person answering the Customer s line agrees to accept such charge The Customer is responsible for the payment of all rates and charges for services furnished by the Company to the Customer and to all Users authorized by the Customer regardless of whether those services are used by the Customer itself or are resold to or shared with other persons or entities Further the Customer is responsible for payment of any sales use gross receipts excise access or other local state and federal taxes however designated charges fees including franchise and right of way fees and surcharges however designated imposed on or based upon the provision sale
133. her telecommunications priority that may be provided other than control services and order wires D Designate a 24 hour point of contact to receive reports of TSP service outages from TSP service users E Designate a 24 hour point of contact to coordinate TSP processes with the OPT F Confirm completion of TSP service order activity to the OPT G Participate in reconciliation of TSP information at the request of the OPT H Ensure that all subcontractors complete reconciliation of TSP information with the service vendor 0 Ensure that other carriers supplying underlying facilities are provided information necessary to implement priority treatment of facilities that support NS EP services J Assist in ensuring that priority level assignments of NS EP services are accurately identified end to end by providing to subcontractors and interconnecting carriers the restoration priority level assigned to a service K Disclose content of the NS EP TSP database only as may be required by law L Comply with regulations and procedures supplemental to and consistent with guidelines issued by the OPT Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 70 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 200 Emergency Cris
134. horized service point as determined by the company other than the service point originating the call or the service point where the call is terminated Collect Calling A billing arrangement by which the charge for a call may be reversed provided the charge is accepted at the called service point A collect call may be billed to a calling card or third number In the case of a public or semi public coin telephone the charges must be billed to a calling card or third number or the call may be re originated from the called service point Person to Person Calls completed with the assistance of the Company operator to a particular person station department or PBX extension specified by the calling party Where this service is available rates and charges may be billed to the Customer s commercial credit card and or LEC calling card calling station called station or a designated third party station Calls may be dialed with or without the assistance of a Company operator Operator Assisted Surcharges The following surcharges will be applied on a per call basis Minimum Maximum Third Number Billing 0 00 1 33 Collect Calling 0 00 1 58 Person to Person 0 00 3 49 DIRECTORY LISTING DESCRIPTION OF SERVICES Duplicate Listings Where available a listing in a telephone directory which is not in the Customer s immediate calling area The Customer will be charged the rates specified in the tariff published by the specific local exc
135. ibutable to any billing period for interruptions of service shall not exceed the total charges for that period for the service and facilities furnished by the Company rendered useless or substantially impaired Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 53 Section 2 GENERAL RULES AND REGULATIONS Cont d e Interruption Defined For the purpose of applying this provision the word interruption shall mean the inability to complete calls either incoming or outgoing or both due to equipment malfunction or human errors Interruption does not include and no allowance shall be given for service difficulties such as slow dial tone circuits busy or other network and or switching capacity shortages Nor shall the interruption allowance apply where service is interrupted by the negligence or willful act of the subscriber or where the Company pursuant to the terms of the Tariff suspends or terminates service because of nonpayment of bills due to the company unlawful or improper use of the facilities or service or any other reason covered by the Tariff No allowance shall be made for interruptions due to electric power failure where by the provisions of this Tariff the subscriber is responsible for providing electric powe
136. indirectly by the installation operation failure to operate maintenance presence condition location use or removal or any Company or Customer equipment or facilities or service provided by the Company Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 12 Section 2 GENERAL RULES AND REGULATIONS Cont d The Company shall not be liable for any delay or failure of performance or equipment due to causes beyond its control including but not limited to acts of God earthquakes fire flood tornadoes explosion or other catastrophes any law order regulation direction action or request of the United States Government or of any other government including state and local governments having or claiming jurisdiction over the Company or of any department agency commission bureau corporation or other instrumentality of any one or more of these federal state or local governments or of any civil or military authority national emergencies insurrections riots wars unavailability of Company Facilities criminal actions taken against the Company failure or malfunction of equipment or facilities provided by the Customer or third parties unavailability of rights of way or materials or strikes lock outs work stoppages or othe
137. ine 17 59 7 2 2 Multi Line Service Non Recurring Charges Line Connection Charge 1 to 99 lines per line 50 05 Line Connection Charge 100 lines per line 35 90 Multi Line Service Recurring Charges Local Line Line Charge 17 59 Issued May 27 2010 Effective June 11 2010 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 N FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 10 CURRENT RATES Section 7 NETWORK SWITCHED SERVICES 72 3 PBX Trunks 1 Message Rate Analog Trunks Charge PBX Trunks Non Recurring Charges Line Connection Charge 1 99 trunks per trunk 50 05 Line Connection Charge 100 trunks per trunk 35 90 PBX Trunks Monthly Recurring Charges Local Trunk Basic Charge per trunk 16 23 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 11 Section 7 NETWORK SWITCHED SERVICES cont d CURRENT RATES Charge 7 2 5 Local DID Trunk Service Non Recurring Charges Analog PBX DID Trunks 1 to 99 per month Analog PBX DID Trunks 100 trunks per trunk Line Connection per DID Trunk Trunk Connection Service Order
138. ion 7 NETWORK SWITCHED SERVICES 7 2 1 Line Connection Charge up to 99 Iines per line Line Connection Charge over 99 lines per line Primary Service Order Charge per order Record Changes per order PIC 2 Change per line Line Restoral Charge Basic Local Line Service Non Recurring Charges Charge 50 05 35 90 35 00 15 00 3 75 50 00 C Applies for line restoral after temporary interruption of service initiated by the Company If service 1s temporarily interrupted and payment is not received within 10 days following the interruption the Company reserves the right to discontinue service If service 1s discontinued and subsequently re established charges apply as for a new installation of service Suspension of Service Applies to business Customers only 25 00 100 of monthly recurring line charges also apply Premises Visit Charge Toll Restriction 19 00 11 00 Issued August 4 2008 Effective September 4 2008 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule 1 Revised Page 9 Replacing Original Page 9 CURRENT RATES Section 7 NETWORK SWITCHED SERVICES Cont d 7 2 1 Basic Local Line Recurring Charges Grandfathered not available to new customers Charge Local Line Line Charge per l
139. iration of the end user s TSP Authorization Code s C Accept TSP services by the service due dates D Have Customer Premises Equipment CPE and Customer Premises Wiring CPW available by the requested service due date and ensure through contractual means or otherwise priority treatment for CPE and CPW necessary for end to end service continuity E Pay the Company any authorized costs associated with priority services F Report to the Company any failed or unusable services with priority levels G Designate a 24 hour point of contact for each TSP request and apprise the OPT H Cooperate with the OPT during reconciliation comparison of NS EP service information and resolution of any identified discrepancies and revalidation Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 69 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 20 Emergency Crisis Disaster Restoration and Provisioning Telecommunications Service Priority Cont d 2 20 4 Responsibilities of the Company The Company will perform the following A Provide TSP service only after receipt of a TSP authorization code B Revoke TSP services at the direction of the end user or OPT C Ensure that TSP Program priorities supersede any ot
140. is Disaster Restoration and Provisioning Telecommunications Service Priority Cont d 2 20 5 Preemption When spare facilities are not available it may be necessary for the Company to preempt the facilities required to provision or restore a TSP service When preemption is necessary non TSP services may be preempted based on the Company s best judgment If no suitable spare or non TSP services are available the Company may preempt an existing TSP service to restore a TSP service with a higher restoration priority assignment When preemption is necessary prior consent of the service user whose service will be preempted is not required however the Company will make every reasonable effort to notify the preempted customer of the action to be taken Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 3 Original Page 1 3 1 Section 3 CONNECTION CHARGES CONNECTION CHARGE 3 1 1 General The Connection Charge is a nonrecurring charge which applies to the following a the installation of a new service b the transfer of an existing service to a different location c a change from one class of service to another at the same or a different location or d restoral of service after suspension or termination for nonpayment Connection C
141. ised that a new Customer has moved into the location 2 11 10 Suspension or Termination Medical Emergencies In the event of a medical emergency as defined in 16NYCRR Sec 633 5 an additional 30 days will be allowed for a residential Customer before suspension or termination A medical certificate as defined in 16NYCRR Sec 633 5 must be supplied The medical emergency status may be extended beyond 30 days upon submission of specified documentation During the emergency the Customer will be able to defer payment of monthly charges up to an amount specified by the Commission until the emergency ceases or it is determined that the Customer has the ability to pay the charges Charges in any month in excess of the amount specified are due by the due date of the bill Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 50 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 11 11 Suspension or Termination Elderly Blind or Disabled An additional 20 days will be allowed before suspension or termination may occur when a the Customer is known to or identified to the Company as being blind or disabled as defined in 16NYCRR Sec 633 5 or b the Customer is 62 years of age or older and all other residents of the Customer s hous
142. it charges to similarly situated non residential Customers for similar services lowest corresponding price In competitive bidding situations the Company may offer flexible pricing or rates other than in this tariff where specific flexible pricing arrangements are allowed subject to New York State Public Service Commission approval Discounted Rates for Schools and Libraries Discounts for eligible schools and libraries and consortia shall be set as a percentage from the pre discount price which is the price of services to schools and libraries prior to application of discount The discount rate will be applied to eligible intrastate services purchased by eligible schools libraries or consortia The discount rate is based on each school or library s level of economic disadvantage as determined in accordance with the FCC Order or other federally approved alternative measures as permitted by the Rules and by its location in either an urban or rural area Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 2 19 Section 2 Original Page 62 Section 2 GENERAL RULES AND REGULATIONS Cont d d The discount matrix for eligible schools libraries and consortia is provided in Attachment I herein HEALTH CARE PROVIDERS SUPPORT PROGRAM General The
143. kron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 45 Section 2 GENERAL RULES AND REGULATIONS Cont d New deposits from a residential Customer is reviewed after the first 3 monthly bills have been rendered if too much has been taken the excess is returned The entire deposit is returned to a residential Customer after year unless the Customer is delinquent in payment in which case the Company may continue to retain the deposit until the delinquency is satisfied If the service is discontinued the deposit is applied against the final bill and any balance is returned to the Customer Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 46 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 11 4 Installment Billing For Nonrecurring Charges A residential Customer may elect to pay service connection and other nonrecurring charges associated with a service order in monthly installments for up to a 12 month period When installment billing is requested all nonrecurring charges associated with a given service order will be included in the calculation of the monthly installment Installment billing is subject to the following restrictions a Installment billing may be used only by resi
144. l Tone Multifrequency DTMF Directionality Two Way In Only or Out Only at the option of the customer Recurring and Nonrecurring Charges Charges for each measured rate line include a monthly recurring Base Service Charge and usage charges for completed calls originated from the customer s line based on the total number of calls during the billing period In addition to the nonrecurring charges listed below service order charges apply as described in Section 3 of this tariff Minimum Maximum Nonrecurring Connection Charge 1 00 110 00 Monthly Recurring Charges Each Base Service Line 1 00 25 00 Per Minute Rate 0 01 0 20 Custom Calling Features per line per month Each feature 1 00 15 00 CLASS Features per line per month Each feature 1 00 15 00 N Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DC01 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 21 Section 10 GRANDFATHERED SERVICES N 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 13 Business Network Switched Services Cont 10 1 12 2 b Business Liberty Plan from Acceris 7 2 2 General Business Liberty Plan Service provides a customer with a one or more analog voice grade telephonic communications chan
145. lan is available in all areas except LATA 132 Business Liberty Plan is available only in LATA 132 All business service plans may be connected to customer provided terminal equipment such as station sets key systems PBX systems or facsimile machines Service may be arranged for twoway calling inward calling only or outward calling only Optional Voice Mail Service is available N Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 20 Section 10 GRANDFATHERED SERVICES N 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 12 Business Network Switched Services Cont 10 1 12 2 a Business Empire Plan from Acceris 7 2 1 General Business Empire Plan Service provides a customer with a one or more analog voice grade telephonic communications channel that can be used to place or receive one call at a time Local calling service 1s charged on a measured usage basis Basic Business Lines are provided for connection of customer provided single line terminal equipment such as station sets or facsimile machines Each Basic Business Line has the following characteristics Terminal Interface 2 wire Signaling Type Loop start Pulse Types Dua
146. ligation to the Company until the obligation is paid or payment agreement arrangements satisfactory to the Company are made Any amount owed to the Company at the time a Customer s local service is disconnected for nonpayment is considered a prior obligation If an applicant or Customer defaults on a payment agreement such default shall constitute grounds for discontinuance or toll restriction of service pursuant to applicable laws and regulations The Company may deny installation or continuation of service to any applicant or Customer who fails to provide accurate and verifiable information necessary to establish the identity of the applicant until verifiable information is provided Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 40 Section 2 GENERAL RULES AND REGULATIONS Cont d The Company may deny installation or continuation of service to any applicant or Customer who is shown to have obtained or retained service from the Company by fraudulent means including but not limited to false statements or credit references or employment false statement of premises address use of an alias or false name with intent to deceive rotation of service among other occupants or persons residing or conducting business together for the p
147. lling address of the Customer b Suspension will not be made until at least 8 days after written notification has been mailed to the Customer and 20 days before the termination notice Telephone service shall only be suspended during the hours between 8 00 AM and 4 00 PM Monday through Thursday It shall not be suspended or terminated for nonpayment on weekends public holidays other federal and state holidays proclaimed by the President or the Governor or on days when the main business office of the Company is not open for business or during the periods from December 23rd through December 26th or December 30th through January 1st Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 33 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 9 2 Exceptions to Suspension and Termination Telephone service shall not be suspended or terminated for a Nonpayment of bills rendered for charges other than telephone service or deposits requested in connection with telephone service b Nonpayment for service for which a bill has not been rendered C Nonpayment for service which have not been rendered d Nonpayment of any billed charge which is in dispute or for the nonpayment of a deposit which is in dispute during the period
148. mally apply Up to But Days Rates From Not Including Applicable Day 8 00 A M 9 00 P M Mon Fri Evening 9 00 P M 11 00 P M Mon Fri 5 00 P M 11 00 P M Sunday Night All other days times and holidays 11 00 P M 8 00 A M All days 8 00 A M 11 00 P M Saturday 8 00 A M 5 00 P M Sunday Holidays include New Year s Day January 1 Independence Day July 4 Labor Day the first Monday in September Thanksgiving Day the fourth Thursday in November and Christmas Day December 25 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 6 Original Page 3 Section 6 LOCAL CALLING AREAS AND CHARGES BASED ON TIME Cont d 6 3 GENERAL AVAILABILITY General Each Exchange Access Service corresponds to one or more telephonic communications channels that can be used to place or receive one call at a time Exchange Access Service provides Customers and Authorized Users with access to the Public Switched Network PSN along with a numeric address on the PSN and generally enables the Customer to perform the following a place calls to other stations on or connected to the PSN b recelve calls from other stations on or connected to the PSN c access the Company s Local Calling Services and other services as set forth in this tariff
149. may reconfigure reprogram substitute rearrange or otherwise change any Company Facilities whether such Company Facilities are on the Customer s premises or otherwise at any time and from time to time but shall not thereby alter the technical parameters of the service provided the Customer without the Customer s knowledge or consent The Company will use its best efforts to notify the Customer of the planned timing of such activities and will use reasonable efforts to perform such activities at a time that is agreeable to the Customer except where emergency conditions exist or where such change is required by a governmental agency or other authority to take place immediately Except when such change is outside of the Company s control a Credit for Service Interruption shall apply pursuant to provisions contained herein Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 3 Section 2 GENERAL RULES AND REGULATIONS Cont d For the purpose of computing charges in this tariff a month is considered to have 30 days unless otherwise specified herein Customers may be required to enter into written service orders which shall contain or reference a specific description of the service ordered the rates to be charged the duration of the
150. n the Company s ability a to secure and retain suitable facilities and rights for the construction and maintenance of the necessary circuits and equipment or b to secure and retain suitable space for its plant and facilities in the building where service is provided to the Customer may require termination of a Customer s service until such time as new arrangements can be made No charges will be assessed the Customer while service is terminated and no connection charges will apply when the service is restored Upon violation by the Customer of any of the terms or conditions of this tariff the Company may discontinue or suspend service without incurring any liability 2 9 5 Emergency Termination of Service The Company will immediately terminate the service of any Customer on request when the Customer has reasonable belief that the service is being used by an unauthorized person or persons The Company may require that the request be submitted in writing as a follow up to a request made by telephone Upon condemnation of any material portion of the Company Facilities or if a casualty renders all or any material portion of such Facilities inoperable or beyond feasible repair the Company by notice to the Customer may discontinue or suspend service without incurring any liability Upon the Customer s failure to establish credit for new or additional service the Company by notice to the Customer may deny or discontinue service without li
151. nal Page 22 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 13 Special Services and Programs This sections contents were located in Acceris Section 7 Business Network Switched Services 10 1 13 1 The following sections mirror those of First Communications Acceris Tariff Section 8 Special Services and Programs Mirrors First Communications Tariff Section 8 12 Eligibility lifeline 8 1 2 Eligibility 8 2 Link Up 82 Link Up 8 3 Special Equipment for the Hearing or Speech Impaired Customer 8 3 Special Equipment for the Hearing or Speech Impaired Customer 8 4 Discounted Services for the Hearing or Speech Impaired Customers 8 4 Discounted Services for the Hearing or Speech Impaired Customers 8 5 Universal emergency Telephone Service 8 5 Universal emergency Telephone Service 8 6 New York Relay Service 8 6 New York Relay Service 8 7 Special Credit Card for Blind and Disabled Persons 8 6 Special Credit Card for Blind and Disabled Persons 8 8 Schools and Libraries Discount Program 2 18 Schools and Libraries Discount Program 8 9 Health Care Providers Support Program 2 19 Health Care Providers Support Program Section 8 Attachment Attachment I 10 1 13 2 The following are not included in First Tariff but were in Acceris Tariffand will continue for t
152. nality In Coming Only DID Out Going Only DOD or y g y g y Two Way Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 12 Section 7 NETWORK SWITCHED SERVICES Cont d 2 Message Rate Analog PBX Trunks Description Message Rate Analog PBX Trunks provide the Customer with a single analog voice grade telephonic communications channel which can be used to place or receive one call at a time Local calls on two way trunks and DOD trunks are billed on a message rate basis DID trunks are arranged for one way inward calling only Standard Feature s Each Company provided Basic Trunk Service will automatically include Touch Tone Dialing and a Hunting Arrangement at no additional charge to the Customer One Way Inbound or Two Way Features The following features are available Multiline Hunting Serial Hunting Distributed Line Hunting Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 13 Section 7 NETWORK SWITCHED SERVICES Cont d 3 PBX Trunks Recurring and Nonrecurring Charges In addition to the
153. name for the 4 1 1 Description Note the First Communications service is Regional Toll Its description mirrors the name for the service is Intralata Toll Service Its service First Communications calls Intralata Toll description mirrors the service Acceris calls Service Regional Toll Service 4 1 2 Classes of Calls 4 1 2 Classes of Calls 4 2 Timing of Calls 4 2 Timing of Calls 4 3 3 Time Periods Defined Holidays 4 3 Time Periods Defined Holidays 4 4 Regulations and Computation of Mileage 4 4 Regulations and Computation of Mileage 10 1 3 2 The following are in effect for Acceris but not in the First Communications tariff These will be honored for former Acceris customers 10 1 3 2 a TIME PERIODS DEFINED from Acceris Section 4 3 Unless otherwise indicated in this Tariff the following time periods apply 10 1 3 2 b Peak from Acceris Section 4 3 1 8 00 a m to but not including 7 00 p m Monday through Friday 10 1 3 2 c Off Peak from Acceris Section 4 3 2 7 00 p m to but not including 8 00 a m Sunday through Friday All day Saturday and Sunday All Holidays 10 1 3 2 d All times refer to local time from Acceris Section 4 3 4 N N Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Pag
154. nate a separate address on each bill to which the Customer shall mail deliver or if available by the Company transmit the payment All notices or other communications required to be given pursuant to this tariff shall be in writing Notices and other communications of either party and all bills mailed delivered or transmitted to the Customer by the Company shall be presumed to have been delivered on the third business day following the prepaid and properly addressed mailing delivering or transmitting of the notice communication or bill or shall be presumed to have been delivered when such notices communications and or bills are actually received or refused by the addressee whichever occurs first The Company or the Customer shall advise the other party of any changes to the addresses designated for notices other communications or billing by following the procedures for giving notice set forth herein Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 60 2 18 Section 2 GENERAL RULES AND REGULATIONS Cont d SCHOOLS AND LIBRARIES DISCOUNT PROGRAM The Schools and Libraries Discount Program permits eligible schools public and private grades Kindergarten through 12 and libraries to purchase the Company services offere
155. ncy Termination of Service c oooonocnnocnnocnnonnnonnnonccon ccoo nono nono nnc nennen 38 2 9 6 Refusal of Service ec eceeccesecseeeseesecseeeseeseceaeeseseeceaesaeseeeaecaaeeeeesecaeeaeeeceaeeaeees 39 29 1 Prohibited Uses iiic ime rea 41 2 10 Additional Provisions Applicable To Business Customers 0coconcononncnnoncononononncnnccononncnnn 42 2 10 T Applicationsot Rates etc ed te ttp e E edet eee rt aea ee tgo 42 2 10 2 Telephone Number Changes essen nennen nnns 42 2 10 3 Dishonored Checks sessi nennen nennen 42 2 10 4 Deposits cun eur DIR PR da 42 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 10 CONTENTS Cont d 2 11 Additional Provisions Applicable to Residential Customers 2 11 1 Application of Rates to Residential Customers 2 T1 2 Deposits EEE 2 11 3 Telephone Number Changes 2 11 4 Installment Billing for Nonrecurring Charges 2 11 5 Adjusted Payment Schedule sess 2 11 6 Suspension or Termination for Nonpayment 2 11 7 Deferred Payment Agreements sse 2 11 8 Dishonored Checks eene 2 11 9 Suspension or Termination Abandonment 2 11
156. nd will have no effect on the Customer s telephone service until the Customer activates it by dialing a code Speed Dial 8 Allows placing calls to eight 8 other phone numbers by dialing a one or two digit code rather than the complete phone number Speed Dial 30 Allows placing calls to thirty 30 other phone numbers by dialing a one or two digit code rather than the complete phone number Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 2 Section 5 SUPPLEMENTAL SERVICES Cont d Call Return Allows the subscriber to automatically redial the number of the last incoming call whether answered or not Caller ID Allows the subscriber to view the listed telephone number from which the incoming call is dialed on a display screen before the call is answered allowing a Customer to prioritize and or screen incoming calls Caller ID with Name Allows subscriber to view listed name associated with the telephone number before the phone is answered This feature is only offered to Customers who subscribe to Caller ID Select Blocking Caller ID Allows the subscriber phone number to be blocked from selected Caller ID units by dialing a code before the number being dialed Complete Blocking Caller ID Allows the subscrib
157. nel that can be used to place or receive one call at a time Local calling service is charged on a measured usage basis Basic Business Lines are provided for connection of customer provided single line terminal equipment such as station sets or facsimile machines Each Basic Business Line has the following characteristics Terminal Interface 2 wire Signaling Type Loop start Pulse Types Dual Tone Multifrequency DTMF Directionality Two Way In Only or Out Only at the option of the customer Recurring and Nonrecurring Charges Charges for each measured rate line include a monthly recurring Base Service Charge and usage charges for completed calls originated from the customer s line based on the total number of calls during the billing period In addition to the nonrecurring charges listed below service order charges apply as described in Section 3 of this tariff Minimum Maximum Nonrecurring Connection Charge 1 00 110 00 Monthly Recurring Charges Each Base Service Line 1 00 25 00 Per Minute Rate 0 01 0 20 Custom Calling Features per line per month Each feature 1 00 15 00 CLASS Features per line per month N Each feature 1 00 15 00 Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Origi
158. nnne 26 2 5 Installation Service ccccecsssescesceseeescesecseeeeeesecseeenesseceaeeaeeeeceaecaeseeesaecaeeeneesecnaeeaeeeeceaeeaeees 27 2 6 Access to Customer s Premises ccscssccessesseescesecseeeseesecaeeeeeeseceaesaeseeeaecaeeeneesecaeeneenees 27 2 7 Telephone Surcharges inire ere re Rhe n RO geb ee pedestal 28 2 LAX Generalium t Set Etat n UR dtum ions 28 2 7 2 Surcharge for State Gross Income and Gross Earnings Taxes areitan ra eec de C e ra dete eel 28 2 7 3 Village or Municipal Surcharge on Local Utility Gross Revenue Taxes 4 eiie e HERR RH ER dead SEHE EREE out eaae 29 2 8 Surcharges ir ri 30 2 8 1 IntraLATA Toll and Regional Calling Plan Providers sss 30 2 8 2 Users of Inter Exchange Carrier and Reseller Services sss 31 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 9 CONTENTS Cont d Page 2 9 Suspension or Termination of Service sess 32 2 9 1 Suspension or Termination for Nonpayment ssssessseseeeeeeeee 32 2 0 2 Exceptions to Suspension and Termination 33 2 9 3 Verification of Nonpayment sse ccoo nono nono ener enne 34 2 9 4 Termination for Cause Other Than Nonpayment sese 35 2 9 5 Emerge
159. ns LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 19 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont 10 1 12 Business Network Switched Services Cont Section 10 GRANDFATHERED SERVICES N Services no longer available for new service 10 1 12 1 GENERAL from Acceris 7 1 Cont d access the service of providers of interexchange service A customer may presubscribe to such provider s service to originate calls on a direct dialed basis or to receive 800 service from such provider or may access a provider on an ad hoc basis by dialing the provider s Carrier Identification Code 10X XX Business Network Switched Service is provided via one or more channels terminated at the customer s premises Each Business Network Switched Service channel corresponds to one or more analog voice grade telephonic communications channels that can be used to place or receive one call at a time Connection charges as described in Section 2 apply to all service on a one time basis unless waived pursuant to this Tariff 10 1 12 2 SERVICE DESCRIPTIONS AND RATES from Acceris 7 2 The following Business Access Service Options are offered Business Empire Plan Business Liberty Plan The Business Empire Plan and Liberty Plan delivers one or multiple switch voice grade analog lines POTS lines to a Business Customer at a measured rate The Business Empire P
160. nt to this paragraph will be filed as an addendum to this Tariff within 30 days after the contract is signed by both the Company and the Customer The following information will be included in the summary 1 LATA and type of switch 2 The V amp H distance from the central office to the Customer s premises 3 Service description 4 Rates and charges 5 Quantity of circuits 6 Length of the agreement Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 1 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Services no longer available for new service 10 1 1 First Communications assumes the Acceris local base under Docket 6 C 1447 maintaining the Acceris terms and conditions for the Acceris Local Customers Section 10 points to the area in the in First Communications tariff that mirrored that of the Acceris tariff and notes the differences between the First Communications Tariff and that of Acceris that continue to be honored for the Acceris local customers 10 1 2 Connection Charges This section contents were located in Accesis Section 3 Connection Charges 10 1 2 1 The following sections mirror those of First Communications Acceris Tariff Section 3 Mirrors First Communication
161. number of the desired telephone station or system c Person to Person Service is that service where the person originating the call specifies to the Company operator a particular person to be reached a particular mobile unit to be reached or a particular station department or office to be reached The call remains a person to person call when after the telephone mobile telephone or PBX system has been reached and while the connection remains established the person originating the call requests or agrees to talk to any person other than the person specified or to any other agreed upon alternate Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 4 Original Page 2 4 2 Section 4 INTRALATA TOLL USAGE AND MILEAGE CHARGES Cont d TIMING OF CALLS Unless otherwise indicated all calls are timed in one minute increments and all calls which are fractions of a minute are rounded up to the next whole minute For station to station calls call timing begins when a connection is established between the calling telephone and the called telephone station For person to person call call timing begins when connection is established between the calling person and the particular person station or mobile unit specified or an agreed alternate Call
162. ny may require a Customer to immediately discontinue its transmission of signals if said transmission is causing interference or any other type of harm to others A Customer Joint User or Authorized User as defined herein may not assign or transfer in any manner the service or any rights associated with the service that the Company provides to it without the written consent of the Company The Company will permit a Customer to transfer its existing service to another entity 1f the existing Customer has paid all rates and charges owed to the Company Such a transfer will be treated as a disconnection of existing service and installation of new service and new service nonrecurring installation charges as stated in this tariff will apply Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 42 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 10 ADDITIONAL PROVISIONS APPLICABLE TO BUSINESS CUSTOMERS 2 10 1 2 10 2 2 10 3 2 10 4 Application of Rates a Rates as described herein apply to service furnished b The use of facilities and service is restricted to the Customer Customers agents and representatives of the Customer and joint users Telephone Number Changes When a Customer requests a telephone number chan
163. ny will take any reasonable and lawful action that it determines to be necessary to protect the property and rights of the Company Company Facilities and existing and potential Customers of the Company s services Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 4 Section 2 GENERAL RULES AND REGULATIONS Cont d The Company will use its best efforts to accommodate the Customer s request for a specific service activation date The Company shall be liable for delays in the activation of Company Facilities or services only to the extent provided in Section 2 1 5 The Company will make every reasonable effort to ensure proper and necessary maintenance of the Company Facilities that it places on the Customer s premises The Company is not responsible for the maintenance of any Customer owned connecting equipment or facilities and therefore absent extraordinary circumstances that justify such action but even then only with the Customer s approval will not maintain such Customer owned equipment or facilities The Company shall not be responsible for a the transmission of signals by any Customer provided equipment or facilities or b the quality of or defects in the transmission of signals by any Customer provided equipment or fa
164. o 1 500 minutes of use per month Customers who exceed this allotment will be charged according to rates described in this tariff s rate schedule Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 15 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 11 Residential Network Switched Services Cont 10 1 11 2 SERVICE DESCRIPTIONS AND RATES From Acceris 6 2 Cont The following Custom Calling Service features are included in the offered to Residential Empire Plan and Liberty Plan Bundle Subscribers Regular Multiline Hunting Call Waiting Three Way Calling Caller ID with Name Speed Dial 8 The following Custom Calling Service features are each offered at an additional charge to Residential Empire Plan and Liberty Plan Bundle Subscribers Call Waiting ID with Name Call Forwarding Anonymous Call Rejection Call Forward Busy Call Forward No Answer Call Forward Busy No Answer Distinctive Ring Speed Dial 30 Repeat Dial Voicemail Call Return 69 Selective Forwarding Ultra Call Forward 10 1 11 2 a Residential Empire Plan Service Bundle from Acceris 6 2 2 The following CLASS features are offered t
165. o Residential Network Switched Service Subscribers Caller ID Automatic Redial Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 1 Revised Page 16 Replacing Original Page 16 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 11 Residential Network Switched Services Cont 10 1 11 2 a Residential Empire Plan Service Bundle from Acceris 6 2 2 Charges for Residential Empire Plan and Liberty Plan Bundle Packages include monthly recurring charge for each line Monthly recurring charges apply to optional voice mail and service features l Description The Residential Empire Plan Service Bundle Service provides the customer with a single analog voice grade telephonic communications channel that can be used to place or receive one call at a time Service to points within the local calling area is included in the charge for bundled service Local calling areas are as specified in Section 10 Each access line corresponds to a single analog voice grade channel that can be used to place or receive one call at a time Access lines are provided for connection to a single customer provided station set or facsimile machine E
166. omer premises unless caused by the negligence or willful misconduct of employees or agents of the Company The Customer shall also be responsible for meeting the reasonable needs of the Company as specified from time to time by the Company and at no charge to the Company including but not limited to any needed personnel or other assistance adequately conditioned maintained and secure equipment space wirng up to the Company s equipment or other point of interconnection designated by the Company grounding arrangements and power to operate Company Facilities and any other equipment installed on the premises of the Customer and the level of heating and air conditioning necessary to maintain the proper operating environment on such premises The Customer is solely responsible for maintaining all such space equipment cabling power arrangements and any other item that the Customer provides pursuant to this Section Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 6 Section 2 GENERAL RULES AND REGULATIONS Cont d The Customer shall also be responsible for obtaining maintaining and otherwise having full responsibility for all rights of way and conduit necessary for installation of fiber optic and or copper cable s and associate
167. on 2 GENERAL RULES AND REGULATIONS Cont d 2 8 SURCHAGES 2 8 4 IntraLATA Toll and Regional Calling Plan Providers The Gross Revenue Tax Surcharge rates to be charged is as follows The following surcharges are applicable to Local Exchange Companies that provide intraLATA toll and Regional Calling Plan services These surcharges do not apply to sales for resale Gross Revenue Tax Surcharges Services Provided IntraLATA Toll All Other Period For Resale and RCP Service Services 10 1 1998 155719 3 8870 4 1149 1 1 2000 1557 3 0919 3 3198 7 1 2000 3764 2 8273 2 9405 MTA Tax Surcharges Services Provided IntraLATA Toll All Other Period For Resale and RCP Service Services 10 1 1998 1277 6890 13 To qualify for this rate resellers must either be included in the list of resellers that the New York State Department of Taxation and Finance publishes called Publication 41 Treatment of Sales for Resale under Sec 186 e or the Tax Law or must possess and provide to the underlying carrier a copy of its Certificate of Public Convenience and Necessity obtained from the New York State Public Service Commission Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 31 2 8 2 Section 2 GENERAL RULES AND REGU
168. on Code 10XXX Network Switched Service is provided via one or more channels terminated at the Customer s premises Each Network Switched Service channel corresponds to one or more analog voice grade telephonic communications channels that can be used to place or receive one call at a time Connection charges as described in Section 3 apply to all service on a one time basis unless waived pursuant to this Tariff Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 7 Original Page 2 7 2 Section 7 NETWORK SWITCHED SERVICES Cont d SERVICE DESCRIPTIONS AND RATES The following Access Service Options are offered Basic Local Line Service Multi Line Service PBX Trunks Local Trunk Basic Service Analog Basic Line Service Multi Line Service Digital and Analog PBX trunks are offered with message rate local service All Network Switched Service may be connected to Customer provided terminal equipment such as station sets multi line PBX systems or facsimile machines Service may be arranged for two way calling inward calling only or outward calling only Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333
169. only to the law enforcement agency designated The only exception to this will be emergency situations such as fire serious illness or other similar situations in which case the appropriate agency will be notified C The equipment required to provide this service cannot be operated in all central offices The service is restricted to locations where facilities permit d The Company makes no guarantee concerning the tracing and identification of any call when the service is provided The Company will furnish the service only on the express condition that no liability shall attach to 1t for any reason arising out of the provision of the service 10 1 6 3 Rates from Acceris Section 5 6 3 Per request Minimum 1 00 Maximum 5 00 Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 N N FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 11 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 7 Directory Assistance Service This section contents were located in Acceris Section 5 7 Directory Assistance Service 10 1 7 1 The following sections mirror those of First Communications Acceris Tariff Section 5 7 Mirrors First Communications Tarif
170. onnection Charges cont 10 1 2 2 The following are in effect for Acceris but not in the First Communications tariff These will be honored for former Acceris customers cont 10 1 2 2 c Charges Associated with Premise Visits from Acceris Section 3 4 Trouble Isolation Charge When a visit to the customer s premises is necessary to isolate a problem reported to the Company but identified by the Company s technician as attributable to customer provided equipment or inside wire a separate charge applies in addition to all other charges for the visit Minimum Maximum Per Premises Visit Residence 10 00 120 00 Per Premises Visit Business 10 00 120 00 N Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 3 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 3 Regional Toll Usage and Mileage Charges This section contents were located in Accesis Section 4 Regional Toll and Mileage Charges 10 1 3 1 The following sections mirror those of First Communications Acceris Tariff Section 4 Mirrors First Communications Tariff Section 4 1 1 Description Note the Acceris
171. onthly Charges Domestic amp International Long Distance Restriction Residential 5 25 Business up to 200 lines 5 25 Local Toll Restriction Residential 5 25 Business up to 200 lines 5 25 Full Restriction Residential 5 25 Business up to 200 lines 5 25 Pricing for Blocking Service for a business customer with more than 200 lines will be based on the costs incurred by Company to provide the service Connection charges apply as specified in Section 10 3 of this tariff 10 1 11 Residential Network Switched Services Bundled Rate Service Nonrecurring Installation Order Charge 58 56 Monthly Recurring Charges Empire Plan Liberty Plan My Acceris Home First Bundled Line 65 95 C 60 95 C 37 95 N Each Additional Bundled Line 37 95 47 95 C 31 95 N Minutes in Excess of Bundled Package Quota Local Usage 0 010 Regional Usage 0 050 Domestic Long Distance 0 049 Issued August 4 2008 Effective September 4 2008 Joseph Morris Chief Operating Officer First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule Original Page 19 Current Rates Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Custom Calling Features per line per month Three Way Calling Included in Bundled Package Call Forward 3 19 Call Forward Busy
172. ork P S C Tariff No 2 Section 5 Original Page 1 Section 5 SUPPLEMENTAL SERVICES 5 1 CENTRAL OFFICE FEATURES 5 1 1 General The features in this section are made available on an individual basis or as part of multiple feature packages All features are provided subject to availability features may not be available with all classes of service Transmission levels may not be sufficient in all cases Custom Calling Features are optional features of central office services furnished to individual line end users The Company may furnish Custom Calling Features where there is available central office equipment with the proper program updates as determined by the Company Custom Calling Features are only provided for basic access line services The Customer will be billed a Service Order charge for each change or set up of each occurrence a feature or group of features is added to the Customer s service The Company offers the ability to subscribe to various Custom Calling Feature Packages 5 1 2 Description of Features Anonymous Call Rejection Allows a Customer to redirect incoming calls for which calling name and number display has been suppressed through the use of blocking to an announcement indicating that the Customer is not presently accepting calls This feature is provided automatically to Customers subscribing to Caller ID Caller ID with Name Call Waiting ID and Call Waiting ID with Name and will be provided in the inactive state a
173. orris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 8 Original Page 10 Section 8 SPECIAL SERVICES AND PROGRAMS Cont d 8 7 3 Qualification The following criteria will be used to determine eligibility for the Special Credit Card 1 Legally Blind those whose visual acuity is 20 200 or less in the better eye with correcting glasses or whose widest diameter of visual field subtends an angular distance no greater than 20 degrees 2 Physically Handicapped those who are certified by competent authority as unable to read or use ordinary printed materials as result of physical limitations 3 Persons whose disabling condition causes difficulty with hand and finger coordination and utilization of a coin or noncoin telephone Acceptable certifications are those made by a licensed physician ophthalmologist or optometrist Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 8 Original Page 11 Section 8 SPECIAL SERVICES AND PROGRAMS Cont d 8 74 Billing Authorization Responsibility for payment of charges may be handled in one of two ways 1 The handicapped person the applicant may accept responsibility
174. ovisioning time frame As a matter of general practice existing TSP services will be restored before provisioning new TSP services Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 66 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 20 Emergency Crisis Disaster Restoration and Provisioning Telecommunications Service Priority Cont d 2 20 2 TSP Request Process A Restoration To request a TSP restoration priority assignment a prospective TSP user must 1 Q 6 4 5 6 Determine that the user s telecommunications service supports an NS EP function under one of the following four TSP categories National Security Leadership National Security Posture and U S Population Attack Warning Public Health Safety and Maintenance of Law and Order Public Welfare and Maintenance of National Economic Posture Identify the priority level to be requested for the telecommunications service The priority level 1s determined by the end user s TSP category and service profile The service profile defines the user s level of support to the portion of the telecommunications service that the user owns and operates such as customer premises equipment or wiring The five levels of priority and seven element
175. per DID trunk group Primary Service Order Charge Record Change per Order PIC 2 Change per line Premises Visit Charge Line Restoral Charge per Line Applies for line restoral after temporary interruption of service initiated by the Company If service us temporarily interrupted and payment is not received within 10 days following the interruption the Company reserved the right to discontinue service If service is discontinued and subsequently re established charges apply as for a new installation of service Suspension of Service 50 05 35 90 159 00 371 95 15 00 15 00 3 75 19 00 20 00 25 00 100 of monthly recurring trunk charges also apply Issued January 20 2004 Joseph Morris Effective February 20 2004 Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DC01 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Rate Schedule 3 Revised Page 12 Replacing 2 Revised Page 12 CURRENT RATES Section 7 NETWORK SWITCHED SERVICES cont d 7 2 5 Local DID Trunk Service Monthly Recurring Charges Grandfathered not available to new customers N Charge Local Trunk DID Charge per trunk 45 01 DID Number Charge per block of 100 numbers 18 23 DID Number Charge per block of 20 numbers 3 64 2 Wire DID Loop Additive trunk charge per DID Trunk 1
176. plicable laws or Commission regulations governing such or sharing The Customer remains solely responsible for all services ordered by it or billed to its account including service s billed to the telephone number s assigned to the Customer pursuant to this tariff for determining who is authorized to use its services and taking appropriate actions to enforce such a determination and for immediately notifying the Company of any unauthorized use b Joint Use Arrangements Joint use arrangements will be permitted for all services available for resale and sharing pursuant to this tariff From each joint use arrangement one member will be designated as 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 that designated Customer That designated Customer retains total responsibility for managing each joint use arrangement that it allows in order to ensure compliance with this tariff and applicable requirements of the Commission and of the law and for making payment to the Company for all charges that the Customer and the Customer s joint users incur even though each joint user that the Company bills directly shall be responsible for the payment of the charges billed to it Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3
177. porate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 3 Original Page 3 Section 3 CONNECTION CHARGES Cont d 3 4 CHARGES ASSOCIATED WITH PREMISES VISIT 3 4 1 Premises Visit Premise visit charges apply when a visit to the Customer s premise by a Company technician identifies a problem as either 1 no trouble found according to line testing performed at demarcation point or 2 trouble found attributable to Customer provided equipment CPE Premise visit charges will not apply to customers subscribing to an Inside Wire Maintenance Plan The time period for which the Premise Visit charge is applied will commence at Company personnel s arrival at the Customer s premise and end when work is completed Charge Per Visit Minimum Maximum First hour or any portion thereof 0 00 112 00 Each additional 30 minutes or any portion thereof 0 00 45 00 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 3 Original Page 4 Section 3 CONNECTION CHARGES Cont d 3 5 PRIMARY INTEREXCHANGE CARRIER CHANGE CHARGE Customers may be presubscribed to the carrier of their choice for both interLATA and intraLATA service The Customer will incur a charge
178. port Program sss eere eene 62 219 1 Rates and Charges red ne EPOR E IE LISTED ER EGRE RE RS cR 64 Emergency Crisis Disaster Restoration and Provisioning Telecommunications Service Priority esses eene nennen 65 220 1 General eoe LEER ph UO EU o POI eee pe dde e 65 2 20 27 STSPiRequest Process iod rr lt alli 66 2 20 3 Responsibilities of the End Usetes inene i a A ener enne 68 2 20 4 Responsibilities of the Company sess 69 2 20 5 CPreempti n oH ER DRE TU TEE SUA 70 Issued January 20 2004 Vice President of Corporate Operations First Communications LLC 3340 West Market Street Joseph Morris Akron OH 44333 Effective February 20 2004 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 12 CONTENTS Cont d Section 3 CONNECTION CHARGES Page 3 1 Connection large 8and ede nen tai 1 A A A E E 1 3 1 2 Exceptions to the Charge 45 5 tenet iii 1 3 2 Restoral Char is 2 3 3 Rates and Caria iii er A EU EH er art e eee HT INE Ye 2 3 4 Charges Associated with Premises Visit eene 3 3 5 Primary Interexchange Carrier PIC Change Charge seen 4 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 13 CONTENTS Cont d
179. presently available and there is no other requirement for the facilities so constructed or b of a type other than that which the Company would normally utilize in the furnishing of its services or c over a route other than that which the Company would normally utilize in the furnishing of its services or d in a quantity greater than that which the Company would normally construct e on an expedited basis or f on a temporary basis until permanent facilities are available g involving abnormal costs or h in advance of its normal construction or i when the Company furnishes a facility or service for which a rate or charge is not specified in the Company s tariffs Customer Acceptance Rates and charges for special construction shall be determined and presented to the Customer for its approval prior to the start of construction No construction will commence until and unless the Customer accepts in writing the rates and charges as presented by the Company Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 9 Original Page 2 Section 9 SPECIAL ARRANGEMENTS Cont d Cost Computation Special Construction costs may include one or more of the following items to the extent that they are applicable a Bue o The ins
180. purpose of the Health Care Providers Support Program is to enable public and nonprofit rural health care providers to have access to telecommunications services necessary for the provision of health care services at rates comparable to those paid for similar services in urban areas The Health Care Providers Support Program offers eligible public and non profit health care providers located in rural areas reduced rates for Company intrastate services available in this Tariff Such services must be purchased in accordance with the Rules adopted by the Federal Communications Commission FCC in its Universal Service Order 97 157 issued May 8 1997 and the New York State Public Service Commission in its Order in Cases 94 C 0095 and 28425 issued November 4 1997 The FCC Rules are codified at 47 Code of Federal Regulations C F R 54 601 et seq and any amendments made thereto Regulations a To be eligible for the reduced rates rural health care providers are required to comply with the terms and conditions set forth in the FCC Rules b Reduced rates are available only to the extent that they are funded by the federal universal service fund c Eligible rural health care providers may aggregate demand with other entities to create a consortium Universal service support shall apply only to the portion of eligible services used by an eligible health care provider Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice
181. r Allowance for interruptions of message rate service will not affect the subscriber s local call allowance during a given billing period Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 54 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 12 2 Limitations on Credit Allowances No credit allowance will be made for a b d e interruptions due to the negligence of or non compliance with the provisions of this Tariff by any party other than the Company including but not limited to the Customer authorized user or other common carriers connected to or providing service connected to the service of the Company or to the Company s facilities interruptions due to the failure or malfunction of non Company equipment including service connected to Customer provided electric power interruptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions interruptions of service during any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements interruptions of service due to circums
182. r the services and Company Facilities and has no responsibility whatsoever in providing any other service s or arrangement s Further the Company assumes neither the responsibility nor the liability for any service provided by any other party that purchases access to Company Facilities in order to originate or terminate that party s own services or to communicate with that party s own Customers Service is provided on the basis of a minimum period of at least one month 24 hours per day and shall continue to be provided until canceled by the Customer in writing on not less than 30 days notice except that the Company reserves the right to limit or to allocate the use of existing or additional Company Facilities when necessary because of lack of such Facilities or due to some 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 Company Facilities and is limited to the capacity of such Company Facilities including the facilities and arrangements that the Company may obtain at its sole discretion from other parties to furnish service Services and Company Facilities shall be provided by the Company using network configurations arrangements and methods of transmission of the Company s choosing so long as such network configurations arrangements and methods of transmission comply with applicable laws and appropriate standards The Company
183. r 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 Company Facilities or any other arrangements or equipment used for or with the services that the Company offers The Company will provide credits for interruptions in service to the extent such credits are provided by the underlying carrier 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 is not liable for any defacement of or damage to Customer premises resulting from the furnishing of Company Facilities or services on such premises or the installation or removal thereof unless such defacement or damage is caused by negligence or willful misconduct of the Company s agents or employees 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 involving claims for libel slander invasion of privacy or infringement of patents trade secrets or copyrights arising from or in connection with the transmission of communications by means of Company Facilities or services by means of the combination of Company Facilities with Customer provided facilities or services by means of Customer provided facilities or services or by means of Customer s own communications
184. rising out of the furnishing of 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 or omission shall be limited to the extension of allowances for interruption as set forth herein The extension of such allowances for interruption shall be the sole remedy of the Customer and the sole liability of the Company The Company will not be liable for any direct indirect incidental special reliance consequential exemplary or punitive damages including but not limited to the loss of revenue for any reason whatsoever including but not limited to any act or omission or negligence of the Company s employees contractors or agents failure to perform delay interruption failure to provide any service or any failure in or breakdown of facilities associated with the service The Company shall be indemnified defended and held harmless by the Customer or end user from and against any and all claims loss demands suits expense or other action or any liability whatsoever including attorney fees whether suffered made instituted or asserted by the Customer or by any other party for any personal injury to or death of any person or persons and for any loss damage or destruction of any property including environmental contamination whether owned by the Customer or by any other party caused or claimed to have been caused directly or
185. rs shall be provided at the Customer s expense Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 8 Section 2 GENERAL RULES AND REGULATIONS Cont d Company provided services as well as Company Facilities may be connected to the services or facilities of other communications carriers or other entities only when authorized by and in accordance with the terms and conditions of this tariff and of the tariffs or contracts of the other communications carriers or other entities Company Facilities may be connected to Customer provided terminal equipment in accordance with the provisions of this tariff All such terminal equipment shall be registered by the Federal Communications Commission pursuant to Part 68 of Title 47 Code of Federal Regulations and all User provided wiring shall be installed and maintained in compliance with those regulations as well as all other applicable regulations codes and ordinances The Customer and any Authorized User may interconnect communications facilities that are used in whole or in part for interstate communications to services provided under this tariff and to Company Facilities but only to the extent that the Customer or Authorized User is an end user as defined in Section 69 2 m Title 47
186. rty for any personal injury to or death of any person or persons and for any loss damage or destruction of any property including environmental contamination whether owned by the Customer or by any other party caused or claimed to have been caused directly or indirectly by the installation operation failure to operate maintenance presence condition location use or removal of any equipment or facilities or the service The Company reserves the right to require each Customer to sign an agreement acknowledging acceptance of the provisions of this Section as a condition precedent to such installations The Company assumes no responsibility for the availability including timeliness or performance of any Company Facilities including any cable or satellite systems or related equipment or arrangements under the control of other entities or for other equipment or arrangements provided by other entities and used in serving the Customer even if the Company has acted as the Customer s agent in arranging for such equipment arrangements or services unless these services are directly related to the Company s provision of service Such facilities are provided subject to such degree of protection or non preemptibility as may be provided by the other entities Any claim of whatever nature against the Company shall be deemed conclusively to have been waived unless presented in writing to the Company within ninety 90 days after the date of the occurrence
187. rvice A new customer shall not be required to post a security deposit as a condition of receiving telephone service A seasonal customer is an individual who applies for and receives telephone service periodically each year intermittently during the year or at other regular intervals scheduled at the time of application A seasonal customer may be required to post a deposit Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 44 2 11 3 Section 2 GENERAL RULES AND REGULATIONS Cont d Customers Exempt from Deposits A new Customer or existing Customer who is 62 years of age or older shall be exempt from any deposit requirement unless such person s telephone service was terminated for nonpayment during the preceding six months Proof of age will be required from any person claiming exemption from deposit requirements because of age If the proof requested by the Company is not received within 30 days from the date service is connected or 30 days from the date that verification of age is requested from an existing Customer the Company may suspend or terminate service unless the Customer pays the required deposit Any new Customer or existing Customer 62 years of age or older shall be permitted to pay a deposit in installments over
188. rwarding No Answer automatically reroutes an incoming call to a Customer predesignated number when the called number does not answer within the number of rings programmed by the Company Call Forwarding Busy and No Answer Allows a subscriber to have calls forwarded when the dialed line is either busy or there is no answer after a pre determined number of rings Simultaneous Call Forwarding Provides the customer that also subscribes to an appropriate call forwarding service with the ability to forward multiple incoming calls simultaneously to another telephone number designated by the customer The Simultaneous Call Forwarding customer is responsible for the payment of any applicable toll charges for each call between the Simultaneous Call Forwarding telephone and the line to which the call is being forwarded Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 4 Section 5 SUPPLEMENTAL SERVICES Cont d Call Waiting Cancel Call Waiting Call Waiting provides a tone signal to indicate to a Customer already engaged in a telephone call that a second caller is attempting to dial in It will also permit the Customer to place the first call on hold answer the second call and then alternate between both callers Cancel C
189. s 6 84 iGeneral ncc REGERE CO UE UR ERE ER 6 SAD Cerficaton oso RR A URS QR dE 6 8 4 3 Qualification e tern ER e nter 6 8 44 A eee atte 6 Universal Emergency Telephone Number Service sese 7 New York Relay Servicen an o EN 7 8 611 General cni cete e ee RH READER HER HT E P SH Te rp ee p een 7 8 627 A atto et edid ae e Eig di t ere d 7 8 6 3 GEIBDIlIty eo steh a bot RE a e ba e a bas 8 Special Credit Card for Blind and Disabled Persons sse 9 8l A sio bubo Ip E bu e ia oboe 9 872 RaleSsceensecos pe NON 9 83 Qualification scd dme e tnt be et e eed 10 8 7 4 Billing Authorization esene ienser esineeseen rne rosetes sesadean eaea S isede enine Serapia Se 11 Issued June 3 2009 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 Effective June 17 2009 T D D T FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 19 CONTENTS Section 9 SPECIAL ARRANGEMENTS Page 9 1 Special Construction sei tee it E iani 1 911 JTermmation Eaability accetti t De eene e eiit 4 9 2 Non Routine Installation and or Maintenance esesessesseeeeeeeneene een 5 9 3 Individual Case Basis ICB Arrangements ssssssssssseeeeeee eene 5 Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communi
190. s Tariff Section 3 1 1 General 3 1 1 General Paragraph 1 3 1 2 Exception to the Charge 3 1 2 Exception to the Charge 3 2 Restoral Charges 3 2 Restoral Charges Text only text only min max below 3 3 Moves Adds and Changes 3 1 1 General Paragraphs 2 6 text only min max below 3 5 Primary Interexchange Carrier Change Charge 3 5 Primary Interexchange Carrier Change Charge 10 1 2 2 The following are in effect for Acceris but not in the First Communications tariff These will be honored for former Acceris customers 10 1 2 2 a Restoral Charges minimum and maximum rates from Acceris Section 3 2 Business Residence Minimum 5 00 5 00 Maximum 60 00 60 00 10 1 2 2 b Moves Adds and Changes minimum and maximum rates from Acceris Section 3 3 Residence Charge per Move Add Change Minimum 5 00 5 00 5 00 Maximum 60 00 60 00 60 00 Business Charge per Move Add Change Minimum 5 00 5 00 5 00 Maximum 60 00 60 00 60 00 N N Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 2 Section 10 GRANDFATHERED SERVICES N 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 2 C
191. services and the terms and conditions in this tariff Customers will also be required to execute any other documents as may be reasonably requested by the Company At the expiration of the initial term specified in each Service Order or in any extension thereof service shall continue on a month to month basis at the then current rates unless terminated by either party upon 30 days written notice Any termination shall not relieve Customer of its obligation to pay any charges incurred under the service order and this tariff prior to termination The rights and obligations which by their nature extend beyond the termination of the term of the service order shall survive such termination Service may be terminated without notice to the Customer if a the Customer is using the service in violation of this tariff b the Customer is using the service in violation of the law or c emergency conditions including but not limited to matters of national security require such action on the part of the Company This tariff shall be interpreted and governed by the laws of the State of New York without regard for its choice of laws provision No party may interfere with the right of any person or entity to obtain service directly from the Company No person or entity shall be required to make any payment incur any penalty monetary or otherwise or purchase any services in order to have the right to obtain service directly from the Company The Compa
192. sponsible for identifying monitoring removing and disposing of any hazardous material e g friable asbestos prior to any construction or installation work demonstrating its compliance 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 in any Customer premises or the rights of way for which Customer is responsible in this tariff and for granting or obtaining of permission for the Company s employees contractors and or agents to enter the premises of the Customer at any time for the purpose of installing inspecting maintaining repairing or upon termination of service removing the Company Facilities Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 7 Section 2 GENERAL RULES AND REGULATIONS Cont d The Customer shall also be responsible for making the Company Facilities available periodically for maintenance purposes at a time agreeable to both the Company and the Customer No credit allowance will be made for the period during which service is interrupted for such purposes Connecting Equipment and Arrangements The Customer or an Authorized User may transmit or receive information or signals via the
193. t service is connected for Customer who is indebted to the Company for service or facilities previously furnished that service may be terminated by the Company unless the Customer satisfies the indebtedness within 20 days after written notification See Section 2 11 6 regarding Deferred Payment Agreements Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 36 Section 2 GENERAL RULES AND REGULATIONS Cont d b Prohibited Unlawful or Improper Use of the Facilities or Service Prohibited unlawful or improper use of the facilities or service includes but is not limited to 1 The use of facilities or service of the Company without payment of tariff charges Calling or permitting others to call another person or persons so frequently or at such times of the day or in such manner as to harass frighten abuse or torment such other person or persons The use of profane or obscene language The use of the service in such a manner such that it interferes with the service of other Customers or prevents them from making or receiving calls The use of a mechanical dialing device or recorded announcement equipment to seize a Customer s line thereby interfering with the Customer s use of the service Permitting fraud
194. talled cost of the facilities to be provided including estimated costs for the rearrangements of existing facilities The installed cost includes but may not be limited to the cost of 1 equipment and materials provided or used 2 engineering labor and supervision 3 transportation 4 rights of way and 5 shipping and delivery cost of maintenance depreciation on the estimated cost installed of any facilities provided based on the anticipated useful service life of the facilities with an appropriate allowance for the estimated net salvage administration taxes and uncollectible revenue on the basis of reasonable average costs for these items license preparation processing and related fees tariff preparation processing and related fees any other identifiable costs related to the facilities provided or an amount for return and contingencies Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 9 Original Page 3 Section 9 SPECIAL ARRANGEMENTS Cont d Termination Liability To the extent that there is no other requirement for use by the Company and where the Company cannot fully recover its cost s 1f the Customer disconnects a specially constructed facility or service a termination liability shall apply for
195. tances or causes beyond the control of the Company 2 12 3 Cancellation for Service Interruption Cancellation or termination by the Customer due to a service interruption is permitted only if a circuit experiences through no fault of the Customer a single continuous outage of eight 8 hours or more or multiple outages that total at least sixteen 16 hours in a continuous twelve month period The right of the Customer to cancel service under this provision applies only to the single circuit which was subject to the outage s Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 55 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 13 AUTOMATIC NUMBER IDENTIFICATION 2 13 1 Regulations The Company will provide Automatic Number Identification ANI associated with an intrastate service by tariff to any entity ANI recipient only under the following terms and conditions 1 2 3 4 The ANI recipient or its designated billing agent may use or transmit ANI information to third parties for billing and collection routing screening ensuring network performance and completion of a telephone subscriber s call or transaction or for performing a service directly related to the telephone subscriber s original call
196. timing ends when the calling station hangs up thereby releasing the network connection If the called station hangs up but the calling station does not chargeable time ends when the network connection is released either by automatic timing equipment in the telephone network or by the Company operator Calls originating in one time period as defined in Section 4 3 and terminating in another will be billed in the rates in effect at the beginning of each minute Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 4 Original Page 3 Section 4 INTRALATA TOLL USAGE AND MILEAGE CHARGES Cont d 4 3 TIME PERIODS DEFINED Time Periods Day Evening and Night rate periods are shown below On holidays Evening rates will apply unless a lower rate would normally apply Up to But Days Rates From Not Including Applicable Day 8 00 A M 9 00 P M Mon Fri Evening 9 00 P M 11 00 P M Mon Fri 5 00 P M 11 00 P M Sunday Night All other days times and holidays 11 00 P M 8 00 A M All days 8 00 A M 11 00 P M Saturday 8 00 A M 5 00 P M Sunday Holidays include New Year s Day January 1 Independence Day July 4 Labor Day the first Monday in September Thanksgiving Day the fourth Thursday in November and Christmas Day
197. tion as described in 1 d of this Section and blocking of 411 calls Direct Inward Dialing Blocking Third Party and Collect Call provides business Customers who subscribe to DID service to have Third Party and Collect Call Blocking on the number ranges provided by the Company Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 17 Section 5 SUPPLEMENTAL SERVICES Cont d 5 8 2 Regulations 1 The Company will not be liable for any charge incurred when any long distance carrier or alternative operator service provider accepts third number billed or collect calls 2 Blocking Service is available where equipment and facilities permit 5 8 3 Rates and Charges 1 Blocking charges do not apply to residential Customers 2 Recurring and Nonrecurring Charges The following rates and charges are in addition to all other applicable rates and charges for the facilities furnished Nonrecurring Charge Minimum Maximum 900 and 700 Blocking up to 200 lines 0 00 11 00 900 971 974 and 700 Blocking up to 200 lines 0 00 11 00 The nonrecurring charge for initial request of one and two line Customers is waived for 90 days from the Customer s service establishment date Issued January 20 2004 Effective February 20
198. tomer may request that the full amount of the deposit be issued by check If the Customer requests that the full amount be credited to amounts owed the Company the Company will process the transaction on the billing date and apply the deposit to any amount currently owed to the Company and return any remaining amount of the deposit to the Customer by check 2 4 3 Advance Payments To safeguard its interests the Company may require the Customer to make an advance payment before services and facilities are furnished The amount of the advance payment will be determined on a case by case basis and will conform to the applicable commission regulations Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 23 2 4 4 Section 2 GENERAL RULES AND REGULATIONS Cont d Payment of Charges Charges for facilities and service other than usage charges are due monthly in advance All other charges are payable upon request of the Company Bills are due on the due date shown on the bill and are payable at any business office of the Company by U S Mail or at any location designated by the Company If objection is not received by the Company within three months after the bill is rendered the items and charges appearing thereon shall be determin
199. uation that may cause harm to any Customer to Company Facilities or to any third party and the Customer in that situation shall provide notice to the Company immediately thereafter The Company may take whatever additional action available under applicable federal state or local laws that 1t deems reasonably necessary including but not limited to the suspension of service and the notification of authorities if the Customer does not eliminate any such non compliant situation 2 1 5 Claims With respect to any service or Company Facilities the Customer shall indemnify defend and hold harmless the Company from and against all claims actions damages liabilities costs and expenses including reasonable attorneys fees for a any loss destruction or damage to Company Facilities or any other property of the Company or any third party or the death or injury to persons including but not limited to employees contractors agents or invites of either party to the extent caused by or resulting from the negligent or intentional act or omission of the Customer its employees agents representatives or invites or b any claim loss damage expense or liability for infringement of any copyright patent trade secret or any proprietary or intellectual property right of any third party arising from any act or omission by the Customer including without limitation use of the Company s services and facilities in a manner not contemplated by the
200. uilding demands relocation or rearrangement of plant and facilities used in providing service therein The Company shall not be required to furnish or continue to furnish facilities or service where the circumstances are such that the proposed use of the facilities or service would tend to adversely affect the Company s plant property or service The Company reserves the right to refuse an application for service made by a present or former Customer who is indebted to the Company for service previously rendered pursuant to this Tariff until the indebtedness is satisfied The Company undertakes to furnish or resell high quality intrastate communications services to Customers pursuant to the terms of this tariff in connection with voice data and other related types of transmissions and or services between points within the State of New York Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 2 2 1 Section 2 GENERAL RULES AND REGULATIONS Cont d USE OF FACILITIES AND SERVICE Cont d 2 1 1 Obligation of the Company Cont d Customers and Users as defined herein may use services and Company Facilities as provided under this tariff to obtain access to services offered by other parties The Company is responsible only fo
201. ulent use Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 37 Section 2 GENERAL RULES AND REGULATIONS Cont d C Abandonment or Unauthorized Use of Facilities 1 If 1t is determined that facilities have been abandoned or are being used by unauthorized persons or that the Customer has failed to take reasonable steps to prevent unauthorized use the Company may terminate telephone service 2 In the event that telephone service is terminated for abandonment of facilities or unauthorized use and service is subsequently restored to the same Customer at the same location a No charge shall apply for the period during which service had been terminated and b Reconnection charges will apply when service is restored However no charge shall be made for reconnection if the service was terminated due to an error on the part of the Company Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 38 Section 2 GENERAL RULES AND REGULATIONS Cont d C Change in the Company s Ability to Secure Access Any change i
202. um Local Operator Assistance per call 0 00 0 75 Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 N N FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 12 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 9 Blocking Services This section contents were located in Accesis Section 5 10 Blocking Services 10 1 9 1 The following sections mirror those of First Communications Acceris Tariff Section 5 8 Mirrors First Communications Tariff Section 5 10 1 All but NPA noted below 5 8 1 General 5 10 2 Regulations 5 8 2 Regulations 10 1 9 2 The following are not included in First Tariff but were in Acceris Tariff and will continue for the Acceris local customers 10 1 9 2 a General from Acceris 5 10 1 b Additional NPA included in blocking option b are 333 Rochester LATA only 551 Syracuse LATA only 770 NY Metro LATA only 10 1 9 2 b Rates and Charges from Acceris 5 10 3 Recurring and Nonrecurring Charges The following rates and charges are in addition to all other applicable rates and charges for the facilities furnished Nonrecurring Charges Minimum Maximum 900 and 700 Blocking Residential 0 00 5 00 Business
203. unications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 3 CONCURRING CARRIERS None CONNECTING CARRIERS None OTHER PARTICIPATING CARRIERS None Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 4 EXPLANATION OF SYMBOLS REFERENCE MARKS AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF When changes are made in any tariff sheet a revised sheet will be issued canceling the tariff sheet affected Changes will be identified on the revised sheet s through the use of the following symbols C To signify changed rate regulation or condition D To signify discontinued rate regulation or condition N To signify new material including a listing rate regulation rule or condition T To signify a change in the word of text but no change in the rate rule or condition M To signify material relocated from one page to another without change Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Original Page 5 TABLE OF CONTENTS Page COVER TI
204. urpose of avoiding the debts of one or more of said persons or any other similar fraudulent devices The Company reserves the right to deny service to parties which are known to conduct a type of business that is not expressly permitted and approved by regulators and other appropriate authorities In such instances the burden of proof to demonstrate that the Customer has the necessary authorizations and that the Customer will comply with all regulatory requirements lies on the Customer The Company will not unduly deny service from any Customer that has demonstrated such compliance upon the Company s request Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 41 2 9 7 Section 2 GENERAL RULES AND REGULATIONS Cont d 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 required governmental approvals authorizations licenses consents and permits The Company may require applicants for service who intend to use the Company s offerings for resale to file a letter with the Company confirming that their use of the Company s offerings complies with relevant laws and Commission regulations policies orders and decisions The Compa
205. user subscribes to Call Waiting and the call arrives while the line is busy the Call Waiting tone exhibits the same special pattern Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 N N FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 8 Section 10 GRANDFATHERED SERVICES 10 1 GRANDFATHERED SERVICES FOR FORMER ACCERIS CUSTOMERS Cont Services no longer available for new service 10 1 4 Supplemental Services Cont 10 1 4 2 d Selective Forward from Acceris Section 5 12 j Select Forward allows you to transfer calls from up to six phone numbers to a location you select within you regional calling area Only calls from numbers on your Select Forward list will be forwarded any other calls will ring at your regular number To use Select Forward set up a list of the numbers to be forwarded You can change the numbers on the list at any time You can also turn the Select Forward service off temporarily without changing your list 10 1 4 2 e Ultra Call Forward from Acceris Section 5 12 k The feature has the functionality of Call Forwarding Variable and enables the end user to remotely activate deactivate or change the forward to number from any Touch Tone or tone signaling telephone by dialing an 800 number An added enhancement permits the end
206. user to change his her own personal identification number PIN Requires Call Forwarding Variable 10 1 4 2 f Standard Voicemail from Acceris Section 5 12 l Access Voicemail is an economy service that provides customers with most of the features of an ILEC standard voice mail box but without message waiting indicator stutter dial tone Pager Cell Phone or Email notification is available at no additional charge In addition a wav File can be generated and delivered to an email address designated to receive the voice messages 10 1 4 3 Better descriptions for same service The description in the Acceris tariff has a slightly different description for the same service Acceris definition added for clarity purposes 10 1 4 3 a Caller ID with Name from Acceris Section 5 12g Allows a Customer to see a caller s name and number previewed on a display screen before the call is answered Caller ID records the name number date and time of each incoming call including calls that are not answered by the Customer It is the responsibility of the Customer to provide the necessary Customer premises equipment Anonymous Call Rejection is included It is the Issued February 8 2007 Effective March 8 2007 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 DCO1 BARKK 269504 1 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 10 Original Page 9
207. value at six percent In addition when the Company incurs any costs or expenses in connection with special construction or where any activities associated with special arrangements or Company Facilities have begun a charge equal to the costs and expenses that the Company incurred as a result of the Customer s order less net salvage shall apply In such cases the charge will be based on the cost of the Company Facilities and shall also include but not be limited to the cost of installation engineering labor and supervision general and administrative expense other disbursements fees paid by the Company or by other parties on the Company s behalf to contractors or agents of the Company depreciation maintenance taxes provision for return on investment and any other costs associated with the special construction or arrangements Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 25 Section 2 GENERAL RULES AND REGULATIONS Cont d 2 4 6 Changes in Service Requested If the Customer makes or requests material changes in circuit engineering equipment specifications service parameters premises locations or otherwise materially modifies any provision of the application for service the rates and charges that will be
208. vice for the requested facilities and service is more than one month as specified in this Tariff the Customer may also be required to deposit a sum up to an amount equal to the total charges for service for the minimum service period less any connection charge paid by the Customer The fact that a deposit has been made shall in no way relieve the applicant or Customer from complying with the Tariff regulations for the prompt payment of bills on presentation Each applicant from whom a deposit is collected will be given a certificate of deposit and circular containing the terms and conditions applicable to deposits in accordance with the Rules and Regulations of the Commission pertaining to Customer deposits a Interest on Deposits Simple interest at the rate specified by the Commission shall be credited or paid to the Customer while the Company holds the deposit b Inadequate Deposit If the amount of a deposit is proven to be less than required to meet the requirements specified above the Customer shall be required to pay an additional deposit upon request Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 2 Original Page 22 Section 2 GENERAL RULES AND REGULATIONS Cont d c Return of Deposit When a deposit is to be returned the Cus
209. will make every reasonable effort to locate and obtain equipment for a certified Customer The Customer may purchase equipment at a price not to exceed the actual purchase price including any applicable shipping costs the Company pays The Company will also advise the Customer who requests this equipment of the applicable terms for purchase Issued January 20 2004 Effective February 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 8 Original Page 6 Section 8 SPECIAL SERVICES AND PROGRAMS Cont d 8 4 DISCOUNTED SERVICE FOR THE HEARING OR SPEECH IMPAIRED CUSTOMER 8 4 1 8 4 2 8 4 3 8 4 4 General A handicapped person who has been certified to the Company as having a hearing or speech impairment which requires that he or she communicate over telephone facilities by means other than voice and who either use non voice equipment or make calls through an interpreter will receive upon application to the Company a 50 discount on local message rate service Certification Acceptable certifications are l Those made by a licensed physician otolaryngologist speech language pathologist or audiologist or an authorized representative of a social agency that conducts programs for persons with hearing or speech impairment in cooperation with an official agency of the Stat
210. y 20 2004 Joseph Morris Vice President of Corporate Operations First Communications LLC 3340 West Market Street Akron OH 44333 FIRST COMMUNICATIONS LLC New York P S C Tariff No 2 Section 5 Original Page 11 Section 5 SUPPLEMENTAL SERVICES Cont d 5 5 DIRECTORY ASSISTANCE SERVICE 5 5 1 General A Customer may obtain assistance for a charge in determining a telephone number by dialing Directory Assistance Service A Customer can also receive assistance by writing the Company with a list of names and addresses for which telephone numbers are desired 5 5 2 Regulations Local Directory Assistance Local Directory Assistance is a service where customers may request listing information for areas within their LATA or home NPA There is an allowance of five free Local Directory Assistance calls per one month billing period National Directory Assistance National Directory Assistance is a service where customers may request listing information for areas outside their LATA or home NPA There are no call allowances with National Directory Assistance Charge applies for each call to Directory Assistance except where call allowances apply in any one month billing period for telephone number s area code s and or general information requested from the Directory Assistance operator except as follows a Requests in which the Directory Assistance operator provides an incorrect number The Customer must inform the Company of the

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