Generally Available Terms and Conditions (for ADSL)

GENERALLY AVAILABLE TERMS AND CONDITIONS 

These Generally Available Terms and Conditions are between Verizon Services Corp., on behalf of its affiliated operating telephone companies listed in Exhibit 1 (collectively, "Verizon") with offices at One Verizon Way, Basking Ridge NJ 07920 ("Verizon" or "Company") and the person or entity purchasing Services hereunder ("Carrier" or "Customer") and include the Service Descriptions and other terms set forth in Attachments 1 through 3, which are attached hereto and incorporated herein by reference (collectively, the "Agreement"). Customer's acceptance of this Agreement indicates its agreement to comply with these terms. Customer agrees with and is deemed to have accepted this Agreement upon the earlier of: (a) submission of an order or application for Service(s) to Verizon; (b) Customer's continued use of the Service(s) after August 13, 2006 (for existing customers and lines as of such date); or (c) Customer's use of the Service(s) (for new customers after August 13, 2006 or new lines ordered by existing customers as of August 13, 2006). 

The term "Service" shall mean "Verizon Infospeed Digital Subscriber Line ("DSL") Solutions", " Verizon DSL Over Resold Lines", and/or "Verizon Infospeed Premium DSL" (as further described in Attachments 1 through 3), including other optional features, products and services provided by Verizon under the rate plan applicable to the Service. 

The following terms apply to all Services set forth in Attachments 1 through 3: 

1. Undertaking of Carrier 

1.1 Service is furnished for interstate communications originating or terminating at specified points within Company's operating territory. 

1.2 Company shall provide Service in accordance with the terms and conditions set forth in this Agreement, including the terms contained in Attachments 1 through 3, as applicable to the Services ordered. 

1.3 Service is provided on a monthly basis unless ordered on a longer term basis, and is available 24 hours per day, seven days per week. 

2. Limitations on Service 

2.1 Service is offered subject to the availability of the necessary facilities and equipment and subject to the provisions of this Agreement. 

2.2 Company reserves the right to discontinue furnishing Service, or to limit the use of Service, when necessitated by conditions beyond its control, when Customer is using Service in violation of the law or in violation of the provisions of this Agreement or for nonpayment by Customer. 

2.3 Customer may not transfer or assign the use of any Service provided under this Agreement without the prior written consent of Company. All conditions contained in this Agreement, as well as any additional conditions for Service, shall apply to any and all such permitted assignees or transferees. Except and to the extent that applicable laws or regulation require such notice, Company may assign its rights and obligations hereunder in whole or in part without notice to Customer. 

2.4 Service may not be used for any unlawful purpose. 

2.5 Company may require Customer to sign an application form furnished by Company and to establish credit as provided in this Agreement, as a condition precedent to the initial establishment of Service. Company's acceptance of an order for Service to be provided to an applicant whose credit has not been duly established may be subject to the deposit provisions described in Section 9 of this Agreement. Company may also require a signed authorization from Customer for additions to or changes in existing Service for Customer. 

3. Limitations on Liabilities 

3.1 The liability of Company for damages is limited to liability arising solely and directly from mistakes, omissions, interruptions, delays, errors, or defects in transmission occurring in the course of furnishing Service that are not caused in whole or in part by acts or omissions of any other person, and shall in no event exceed an amount equal to the charges Company would assess Customer during the period during which mistakes, omissions, interruptions, delays, errors, or defects in transmission occurred. 

3.2 Company shall not be liable for unlawful use, or use by any unauthorized person, of its Service, or for any claim arising out of a breach in the privacy or security of communications transmitted by Company. 

3.3 Company shall not be liable for any failure of performance due to causes beyond its reasonable control, including but not limited to acts of God, fires, meteorological phenomena, floods, or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, and any law, order, regulation, or other action of any governing authority or agency thereof. With respect to the Services, Company hereby expressly disclaims all warranties, expressed or implied, not stated in this Agreement, and in particular disclaims all warranties of merchantability and fitness for a particular purpose. 

3.4 Company shall not be liable for any act or omission of other carriers or persons, including carriers or persons whose facilities may be utilized in establishing connections to Company's facilities. Customer shall indemnify and save harmless Company from any third party claims asserting such liability. 

3.5 Company shall not be liable for any damages Customer may incur as a result of the unauthorized use the Services provided under this Agreement. Customer is responsible for controlling access to, and the use of, the Services provided by Company. 

4. Cancellation or Discontinuance of Service by Company 

Without incurring any liability, Company may under the following conditions cancel Service prior to commencement. Company may also discontinue Service that is being furnished, provided that, unless otherwise stated, Customer shall be given fifteen (15) days written notice of such cancellation or discontinuance of Service. 

4.1 For noncompliance with or violation of any applicable municipal, state, or federal law, ordinance or regulation or noncompliance with or violation of any Commission regulation, provided that no notice may be given. 

4.2 For Customer's refusal to provide reasonable access to Company or its agents for the purpose of installation, inspection or maintenance of equipment owned by Company. 

4.3 For noncompliance with any of the provisions of this Agreement. 

4.4 For nonpayment of any sum due Company for more than thirty (30) days after delivery of an invoice to the custody of the U.S. Mail or other delivery service. 

4.5 Without notice, in the event of Customer's use of equipment in such a manner as to adversely affect Company's equipment or its provision of service to others. 

4.6 Without notice, in the event of unauthorized or fraudulent use of Service. Whenever Service is discontinued for unauthorized use of Service, Company may, before restoring Service, require Customer to make, at its own expense, all changes to its facilities or equipment necessary to eliminate unauthorized use and to pay to Company an amount reasonably estimated by Company as the loss in revenues to Company resulting from such unauthorized use plus claims lodged against Company by third parties. 

4.7 Without notice, by reason of any order or decision of a court or other government authority having jurisdiction that prohibits Company from furnishing Service to Customer. 

5. Cancellation or Termination of Service by Customer 

5.1 Customer may cancel Service by giving notice to Company up to the day Service is scheduled to commence subject to payment of any applicable early termination charges. 

5.2 If Customer orders Service which requires special construction or facilities for Customer's use, and then cancels its order before Service begins, a charge shall be made to Customer for the non-recoverable portions of the expenditures or liabilities incurred on behalf of Customer by Company. This charge may be in addition to any other applicable early termination charges. 

5.3 Company shall have up to thirty (30) days to complete a disconnect. Customer shall be responsible for all charges for 30 days, or until the disconnect is effected, whichever is sooner. This 30-day period shall begin on the day of receipt of a disconnection notice from Customer. 

6. Reserved for Future Use 

7. Restoration of Service 

The use and restoration of Service shall in all cases be in accordance with the priority system specified in Part 64, Subpart D, of the Rules and Regulations of the Federal Communications Commission. 

8. Payment and Billing 

8.1 For billing of fixed charges, service is considered to be established upon the day on which Company notifies Customer of installation or testing of Customer's service. Fixed charges shall be billed monthly in advance and are due upon receipt. Customer shall be billed for all usage in arrears. Rate changes shall be effective on the effective date of the rate change. 

8.2 Bills are due and payable upon receipt. Interest at the lesser of a rate of one and one-half percent (1.5%) per month, or the maximum rate allowed by law, may be charged on any amount remaining unpaid after thirty (30) days from delivery of an invoice to the custody of the U.S. Mail or other delivery service. 

8.3 The security of Customer's authorization or access code is the responsibility of Customer. Customer shall be responsible for payment of all charges applicable to the service, including in cases where the service was accessed in a manner not authorized by Customer. 

8.4 Company reserves the right to examine the credit record of an applicant or Customer. A Customer whose service has been discontinued for nonpayment of bills shall be required to pay any unpaid balance due to Company before service is restored, and a deposit may be required. 

8.5 Company shall make no refund of overpayments by Customer unless the claim for such overpayment, together with proper evidence, is submitted within two (2) years from the date of the alleged overpayment. In calculating refunds, any applicable discounts shall be adjusted based upon the actual monthly usage after all credits or adjustments have been applied. 

8.6 A charge shall apply whenever any check or draft for payment for service is not accepted by the institution on which it is written. 

9. Deposits 

9.1 Each applicant for Service may be required to establish credit. Any applicant whose credit has not been duly established may be required to make a deposit to be held as a guarantee of payment of charges at the time of application. In addition, an existing Customer may be required to make a deposit or increase a deposit presently held. Company shall pay interest on deposits if and to the extent required by applicable law. 

9.2 A deposit shall not exceed the estimated charges for three (3) month's Service plus installation, and shall be returned: 

a. When an application for Service has been canceled prior to the establishment of Service. Such deposit shall be applied to any applicable charges, and the excess portion of the deposit shall be returned. 

b. At the end of twelve (12) consecutive months of a satisfactory credit history. 

c. Upon the discontinuance of Service. Company shall apply Customer deposit against any outstanding balances due. If a credit balance exists, a refund shall be made to Customer. 

The fact that a deposit has been made in no way relieves Customer from complying with the regulations with respect to the prompt payment of bills on presentation. 

10. Taxes 

10.1 Service may be subject to Federal, state and/or local taxes at the prevailing rates. Such taxes are listed as separate line items on Customer's invoice, are not included in the rates and charges listed herein, and shall be paid by Customer in addition to the rates and charges stated in this Agreement. 

10.2 To the extent that a municipality, other political subdivision or local agency of government, or the Commission, imposes upon and collects from Company a gross receipts tax, occupation tax, license tax, permit fee, franchise fee, regulatory or other fee, such taxes and fees shall, insofar as practicable, be billed pro rata to Customers receiving Service within the territorial limits of such municipality, other political subdivision, or local or Federal government or agency. 

10.3 Company may adjust its rates and charges or impose additional rates and charges on its Customers in order to recover amounts it is required by governmental or quasi-governmental authorities to collect from or pay to others in support of statutory or regulatory programs. 

11. Terminal Equipment 

Service may be used with or terminated in Customer-provided terminal equipment. Such terminal equipment shall be furnished by and maintained at the expense of Customer, except as otherwise provided. Customer is also responsible for all costs it incurs in the use of Service, including but not limited to equipment, wiring, electrical power, and personnel. When such terminal equipment is used, it shall in all respects comply with the generally accepted minimum protective standards of the telecommunications industry as endorsed by the Federal Communications Commission. 

12. Interconnection 

Service furnished by Company may be connected with the services or facilities of other carriers. Customer is responsible for all charges billed by other carriers in connection with the use of Service. Any special equipment or facilities necessary to achieve compatibility between carriers are the sole responsibility of Customer. 

13. Inspection, Testing and Adjustment 

13.1 Company may, with or without notice, make such tests and inspections as may be necessary to determine whether Agreement requirements are being complied with in the installation, operation, and maintenance of Customer's or Company's equipment or services. Company may, without notice, interrupt Service at any time, as necessary, because of a departure from any of these requirements and may continue such interruption until its requirements have been satisfied. 

13.2 Upon reasonable notice, the facilities provided by Company shall be made available to Company by Customer for such tests and adjustments as may be necessary for their maintenance to a condition satisfactory to Company. 

13.3 Company shall not be liable to Customer for any damages for Service interruption pursuant to this Section. 

14. Interruption of Service 

14.1 It shall be the obligation of Customer to notify Company of any interruption of Service. Before giving such notice, Customer shall ascertain that the trouble is not being caused by any action or omission of Customer or is not in wiring or equipment connected to the terminal of Company. Company's liability for Service interruption is limited according to the provisions of Section 3. 

14.2 When Service is interrupted for four hours or more, Company will, upon request by Customer, issue a credit, computed as set forth below, provided such interruption is not determined by Company to have been caused by the negligence or willful action of Customer, or any other person at Customer's terminal location, or by the failure of Customer's equipment or power supply. 

14.3 Credit is computed by multiplying the monthly rate for Service by the ratio that the number of hours in the period of interruption bears to 720 hours. For the purpose of this computation, each month shall be considered to have 720 hours. The credit shall be based upon the non-usage charges for the month during which the interruption occurred, excluding equipment and access line charges. 

14.4 An interruption is measured from the time Company detects trouble or Customer notifies Company of the interruption by an expeditious means, until the trouble is cleared. Each interruption is considered separately for the purposes of establishing credit allowance. No credit shall be given for an interruption of Service of less than four hours. The credit for a billing period shall not exceed the monthly rate. 

14.5 Credit for interruption of Service does not apply when such credit is limited under the rates, terms and conditions of the specific Service involved. 

15. Provision of Service 

Services are provided only in those geographic areas where facilities exist, where Company has in its discretion determined (subject to applicable law) to provide Services, and where Company is authorized to provide Services. Provision of Services offered under this Agreement are subject to availability. 

16. Changes or Updates to the Services or to this Agreement. 

16.1 Verizon reserves the right to make changes to the Service or any portion thereof. If such a change materially and adversely affects your use of the Service, and Verizon cannot reasonably mitigate the impact, then Customer may terminate the Service within thirty (30) days of the effective date of the change without further obligation by providing written notice to Verizon. 

16.2 Verizon may revise the terms and conditions of this Agreement from time to time by posting such revisions located at Site Policies. Customer agrees to visit this website periodically to be aware of and review any such revisions. Increases to the monthly price of the Service shall be effective thirty (30) days after posting; revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, Customer accepts and agrees to the revisions and to abide by them. 

17. Applicable Law 

The construction, interpretation and performance of this Agreement shall be governed by the laws of the State of New York, without regard to its conflicts of laws rules. All disputes relating to this Agreement shall be resolved through the application of such laws. Verizon and Customer each irrevocably consents to the personal and subject matter jurisdiction of the courts located in the County of New York, State of New York in all matters arising from or relating to this Agreement, and waives any defense of lack of jurisdiction, improper venue or inconvenient forum 

18. Miscellaneous. 

18.1 The terms and conditions of this Agreement supersede all previous agreements, proposals or representations related to the Service. 

18.2 Any notices or demands or other communications which under the terms of this Agreement or under any statute must or may be given or made by either party shall be in writing to the respective parties as set forth herein. Notices to Verizon shall be sent to the following address: Verizon Legal Department,1320 North Court House Road, 9th Floor, Arlington, VA22201-2525 (Attn: Verizon Online General Counsel). Notices to Customer shall be sent to the Customer's billing address. Either party may change the notice address or addressee by giving notice thereof to the other party. Notices may be given by first class U.S. mail or nationally recognized overnight express courier. Notices shall be deemed to have been given on receipt if delivered by overnight express courier or three (3) days after delivery to the United States Postal Service if mailed. In addition, Verizon may provide notice you Customer by electronic mail and notice shall be deemed given upon sending of such electronic mail to the address in Verizon's records. Customer agrees to provide Verizon with an accurate electronic email address for the purpose of receiving such notice and to update such address when it changes. 

18.3 If any of the terms or conditions in this Agreement is properly found to be invalid or unenforceable by a government body, the remaining terms or conditions of this agreement shall not be affected by the finding and shall continue to apply as necessary to reflect the original intention of the parties. 

18.4 Verizon's failure at any time to enforce any provision of this Agreement or any right or remedy available hereunder or at law or equity, or to exercise any option herein provided shall in no way be construed to be a waiver of such provision, right, remedy or option or in any other way affect the validity of this Agreement. The exercise by Verizon of any rights, remedies or options provided hereunder or at law or equity shall not preclude or prejudice Verizon from exercising thereafter the same or any other rights or remedies or options. 

Agreed to and accepted by: 

Verizon Services Corp. Corp., on behalf of its affiliated operating telephone companies listed on Exhibit 1 

EXHIBIT 1 

 Schedule I - Applicable to Customers that subscribe to the One-Year Term Plan on or before August 31, 2001.

Schedule II - Applicable to Customers that subscribe to the One-Year Term Plan on or after September 1, 2001.

C. Five-Year Term and Volume Discount Plan

Nota:

ATTACHMENT 2

VERIZON DSL OVER RESOLD LINES

The following terms and conditions apply to purchases of Verizon DSL Over Resold Lines Service under Verizon's Generally Available Terms and Conditions (the "Agreement"). Capitalized terms shall have the meaning set forth in the Agreement unless otherwise defined in this Attachment 2.

This Service is offered over resold voice lines that terminate on end user premises in the following states:

Verizon DSL Over Resold Lines (DRL) is available only to carriers that have an existing resold voice line and seek to engage in the resale of voice and data on a combined basis pursuant to 47 U.S.C. §251(c)(4). Consequently, for purposes of this Service, the term "customer" is defined as a telecommunications carrier that resells voice services pursuant to 47 U.S.C. § 251(c)(4).  

Effective August 15, 2006, DRL service is no longer available to new Customers. However, Customers with existing accounts in a particular state or area can continue to purchase DRL service for those states or areas in which they have an existing DRL account. 

I. Service Description 

A. Verizon DSL Over Resold Lines (DRL) is a data access service. It uses DSL technology to transport data over available compatible facilities that are concurrently used to provide resold voice services to the same end user premises. Data traffic generated by a customer-provided modem is transported to the Verizon DRL Connection Point. From there, the traffic is transported to the end user's Information Service Provider (ISP) or content provider via other Company services. 

B. The following types of Verizon DRL are available based on the upstream and downstream speed combinations chosen by the customer. 

1. Verizon DRL 768K/128K provides maximum speeds of 768 Kilobits per second (Kbps) downstream and 128 Kbps upstream. 

2. Verizon DRL 1.5M/128K provides maximum speeds of 1.5 Megabits per second (Mbps) downstream and 128 Kbps upstream. 

3. Verizon DRL 1.5M/384K provides maximum speeds of 1.5 Mbps downstream and 384 Kbps upstream. 

4. Verizon DRL 7.1M/768K provides maximum speeds of 7.1 Mbps downstream and 768 Kbps upstream. 

5. Verizon DRL 384K/384K provides maximum speeds of 384 Kbps downstream and 384 Kbps upstream. 

6. Verizon DRL 768K/768K provides maximum speeds of 768 Kbps downstream and 768 Kbps upstream. 

7. Verizon DRL 3M/768K provides maximum speeds of 3 Mbps downstream and 768 Kbps upstream. 

The data speeds listed above are maximum speeds. Actual speeds may be lower due to the impact of loop distance, modem technology and other factors. Therefore, performance levels cannot be guaranteed. This includes data speeds, throughput, and packet loss. 

C. Optional Features 

1. Direct PVC Premium Service 

Direct PVC Premium Service allows the customer to provide its end-user with a static Internet Protocol (IP) address on a Verizon Infospeed DSL Solutions arrangement by using a Direct Permanent Virtual Circuit (PVC) architecture. 

Direct PVC Premium Service will be provided subject to the availability and limitations of Company facilities. 

a. In the following states, the existing network architecture supports the capability to assign static IP addresses. Direct PVC Premium Service is available as a non-chargeable option in these states. 

- California, Florida, Idaho, Illinois, Indiana, Michigan, Nevada, North Carolina, Ohio, Oregon, South Carolina, Texas, Washington, Wisconsin, and the portion of Pennsylvania and Virginia formerly served by GTE. 

b. In the following states, the existing network architecture supports the capability to assign dynamic IP addresses by aggregating the traffic of multiple end-users. Direct PVC Premium Service is available as a chargeable option (see Section V.E) where facilities allow. 

- Delaware, District of Columbia, Maryland, Massachusetts, New York/ Connecticut, Rhode Island, West Virginia, and the portion of Pennsylvania and Virginia formerly served by Bell Atlantic. 

II. Terms and Conditions 

A. Verizon DRL is available only where suitable facilities are available to end user premises. 

B. Company will provision and maintain Verizon DRL from the Verizon DRL Connection Point to the network interface device at the designated end user premises. Company will advise Customer of any additional equipment necessary to support Verizon DRL. Customer is responsible for obtaining the necessary additional equipment, including any required splitter or filters and a compatible DSL modem. 

C. Customer will provide the Company with the necessary information (e.g., name and address/location, telephone number of the resold voice circuit, serving area, etc., related to end user and ISP/Content Provider) to provision Verizon DRL. 

D. Verizon DRL will be provisioned over compatible facilities where such facilities are available that are suitable for the Service and over which Customer is also providing resold voice service pursuant to 47 U.S.C. §251(c)(4); Customer must provide resold voice service to the same end user premises over such facility at the time of ordering Verizon DRL. 

Verizon DRL will continue to be provided in the event the end user moves its local exchange service to a carrier who does not use the Company's loop facilities. 

E. Company will obtain qualification information on facilities to determine the suitability of such facilities for Verizon DRL. Company will not provide Verizon DRL on facilities that are unsuitable for the Service, nor will Company provide Verizon DRL if it determines that such provision will produce interference to other services. 

F. Verizon DRL will be provided subject to the availability and limitations of Company facilities and related equipment. 

G. Company reserves the right to interrupt temporarily Verizon DRL for maintenance, software upgrades, and in emergency situations. 

H. Customer will obtain from the end user authorization to provide Verizon DRL over that end user's voice line, and to allow Company employees or its authorized agents to enter end user's designated premises at any reasonable hour for the purpose of installing, inspecting, or repairing Verizon DRL arrangement. Customer will also obtain permission from the end user, upon termination of Verizon DRL, to allow Company employees or its authorized agents to enter the premises at a reasonable hour to remove any Company equipment. Customer will present evidence of such authorizations to the Company upon request. Company may terminate Verizon DRL in the event such authorizations are not obtained and maintained. 

III. Rate Regulations 

A. Monthly Rate - A monthly recurring charge applies for each Verizon DRL arrangement. Monthly rate schedules that are available include month-to-month and one-year term plan. 

B. Service Activation - A nonrecurring charge applies for the initial service activation associated with each Verizon DRL arrangement ordered. 

C. ISP/Content Provider Charge - A nonrecurring charge also applies for activities associated with a change in ISP/Content Provider for each Verizon DRL arrangement changed. 

D. Speed Change Downward - A nonrecurring charge applies for activities associated with a downward change in speed from one service type to another with each Verizon DRL arrangement changed. 

E. Speed Change-Upward - There is not a charge applied for activities associated with an upward change in speed from one service type to another service type. 

F. Software Change - A nonrecurring charge applies for a software change associated with the remapping of circuit information or other software changes associated with a Verizon DRL arrangement. This charge is applied on a per software change basis. 

G. Direct PVC Premium Service Charge 

As described in Section V.E, below, a monthly recurring charge applies for each Direct PVC Premium Service. The charge applies to all available Verizon DSL Over Resold Lines speeds and is in addition to the rates and charges for the associated Verizon DSL Over Resold Lines arrangement. 

If a customer elects to disconnect Direct PVC Premium Service and maintain the underlying Verizon DSL Over Resold Lines service arrangement, a new Service Activation Charge, as specified in Section V.C, below,, will apply. 

IV. Rate Plans 

One-Year Term Plan 

A. Description 

Verizon DRL One-Year Term Plan provides Verizon Customers discounted rates based on commitments of a specific term. The One-Year Term Plan encompasses all of Customer's Verizon DRL arrangements. 

Customer who purchases Verizon DRL under the One-Year Term Plan assumes the following obligations: 

Customer will submit orders to Company electronically in a format and manner designated by Company; 

Customer will provision all Customer premises equipment to its end users; 

Customer will deal directly with its end users and will be solely liable with respect to all matters relating to the Service, including marketing, ordering, installation, maintenance, repair, billing and collections; and 

Customer will not direct its end users to contact Company regarding any aspect of the Service. 

At expiration of the One-Year Term Plan, Customer may choose to convert to the month-to-month rates, or continue with rates, charges, terms and conditions in effect at the end of the expiring Term Plan on a year-to-year basis. A conversion to month-to-month rates, or discontinuance, will require that Customer submit a service change order. 

One-Year Term Plans are subject to payments for early termination. 

B. Termination without Liability 

Customer may terminate a term plan without termination liability should the monthly rates increase during the term of the existing term plan. Subsequent to a rate increase, Customer must either elect to terminate the term plan without liability or continue the term plan at the new rate. 

End users subscribing to Verizon Infospeed DSL Solutions arrangement(s) under a one-year term who change to an ISP/Content Provider subscribing to Verizon Infospeed DSL Solutions under a Five-Year Term and Volume Discount Plan are automatically included in the ISP/Content Provider's Five-Year TVDP. No termination liability applies to the terminated one-year term plan of the end user. 

C. Termination Liability 

If Customer elects to discontinue its term plan prior to the end of the commitment period, termination liability charges will apply. Liability will be the difference between what would have been charged had Customer had the month- to-month rate for each Verizon DRL arrangement in-service at the end of each month Customer subscribed to the term plan less all payments made and owed. 

V. Rates and Charges 

Effective November 15, 2006, Wholesale Discount Rates will no longer be applied to DRL service.

* Rates are subject to any appropriate wholesale discount established in the relevant state pursuant to 47 U.S.C. §251(c)(4) only if the corresponding monthly rate in the Month-to-Month Plan or One-Year Term Plan offering is subject to a Section 251(c)(4) discount. The applicable wholesale discount rates are as shown below.

D. Wholesale Discount Rates

# Wholesale rates are also available to eligible telecommunications carriers pursuant to §251(c)(4) of the Telecommunications Act of 1996.

ATTACHMENT 3 

Verizon Infospeed Premium DSL 

The following terms and conditions apply to purchases of Verizon Infospeed Premium DSL Service under Verizon's Generally Available Terms and Conditions (the "Agreement"). Capitalized terms shall have the meaning set forth in the Agreement unless otherwise defined in this Attachment 3. 

Effective December 1, 2008, Verizon Infospeed Premium DSL Service is no longer available to Customers. However, Verizon will continue to support such existing Customer Premium DSL accounts after November 30, 2008 under the following terms and conditions. 

I. Service Description 

Premium DSL is a high-speed symmetrical (upstream and downstream data rates are equal) data-only access service. Premium DSL also features static IP Addressing, Variable Bit Rate Non-Real Time Quality of Service and support for multiple users. The service uses DSL technology to transport data over compatible facilities to an end user premises. Data traffic generated by a customer-provided modem is transported to the Verizon Premium DSL Connection Point. From there, the traffic is transported to the end user's Information Service Provider (ISP) or content provider via other Telephone Company services. 

A. Static IP Addressing - The Internet Protocol (IP) address assigned to a computer never changes. The static IP address becomes the permanent address of the computer on the internet, making it possible for other Internet users to locate and connect to the computer. 

B. Variable Bit Rate Non-Real Time Quality of Service - Provides customers with traffic prioritization throughout the ATM network. For example, during times of congestion on the network, the data of Premium DSL customers will have a significantly higher bandwidth prioritization (i.e., low cell loss) over the data of other non-Premium DSL customers. 

Five service level tiers of Premium DSL are available: 

(1) 192/192 Kbps

(2) 384/384 Kbps

(3) 768/768 Kbps

(4) 1.1/1.1 Mbps

(5) 1.5/1.5 Mbps 

The data speeds listed above are maximum speeds. Actual speeds may be lower due to the impact of loop distance, modem technology and other factors. 

II. Terms and Conditions 

A. The minimum service period for Premium DSL is one year. In the event Premium DSL is disconnected in less than one year, a minimum service period charge, as described below, will be assessed. 

B. Premium DSL is provided subject to the availability and limitations of Telephone Company facilities and related equipment. 

C. The Company will provision and maintain Premium DSL from the Verizon Premium DSL Connection Point to the network interface device (NID) at the designated end user premises. The Company will advise the customer of any additional equipment necessary to support Premium DSL. The customer is responsible for obtaining the necessary additional equipment, such as a compatible DSL modem. 

D. Access from Verizon Premium DSL Connection Point may be provided via Telephone Company data network interface services such as Frame Relay Service, Asynchronous Transfer Mode (ATM) Service and dedicated Special Access services. The regulations, rates and charges for the specific type of service apply as specified in other Telephone Company tariff(s) from which the service is ordered and are in addition to rates and charges for Premium DSL. 

E. The customer will provide the Company with the necessary information (e.g., name and address/location, telephone number, serving area, etc., related to end user and ISP/Content Provider) to provision Premium DSL. 

F. The Company will obtain qualification information on facilities to determine suitability of such facilities for Premium DSL. The Company will not provide Premium DSL on facilities that are unsuitable for the Service, nor will the Company provide Premium DSL if it determines that such provision will produce interference to other services. 

G. The Company reserves the right to temporarily interrupt Premium DSL for maintenance, software upgrade and in emergency situations. The customer will obtain authorization from the end user to allow the Company employees or its authorized agents to enter end user's designated premises at any reasonable hour for the purpose of installing, inspecting or repairing the Premium DSL arrangement. The customer will also obtain permission from the end user, upon termination of Premium DSL, to allow Company employees or its authorized agents to enter the premises at a reasonable hour to remove any Company equipment. The customer will present evidence of such authorizations to the Company upon request. The Company may terminate an end user's Premium DSL in the event such authorizations are not obtained and maintained. 

H. Scheduled maintenance activities that adversely affect Service will be conducted during pre-determined maintenance windows at time intervals that have the least likelihood of interruption to Service during peak usage periods. 

III. Rate Regulations 

A. Monthly Rate - A monthly recurring charge applies for each Premium DSL arrangement. 

B. DSL Installation Charge - A nonrecurring DSL Installation Charge applies for the installation/acquisition of loop facilities from the Premium DSL Connection Point to the end user's premises. 

C. Service Activation - A nonrecurring charge applies for the initial service activation associated with each Premium DSL arrangement. 

D. ISP/Content Provider Charge - A nonrecurring charge applies for activities associated with a change in ISP/Content Provider for each Premium DSL arrangement changed. 

E. Speed Change/Downward - A nonrecurring charge applies for activities associated with a downward change in speed from one service type to another with each Premium DSL arrangement changed. 

F. Speed Change/Upward - No nonrecurring charge applies for activities associated with an upward change in speed from one service type to another with each Premium DSL arrangement changed. 

G. Software Change - A nonrecurring charge applies for a software change associated with the remapping of circuit information or other software changes associated with a Premium DSL arrangement. This charge is applied on a per software change basis. This charge also applies when the customer's Premium DSL service is validly assigned, or when the customer's Premium DSL service is suspended and transitioned to a new provider due to nonpayment. In this case, the software change charge applies to the new provider on a per software change basis. 

IV. Minimum Service Period Charge 

A. The customer may disconnect Premium DSL without a minimum service period charge should the monthly rate increase during the term of the existing one year commitment, exclusive of any increase due to local, state or federal fees, taxes or surcharges. The Telephone Company will notify the customer in advance of any upcoming rate increase in order to allow sufficient time for the customer to determine if it wishes to disconnect Premium DSL. 

B. Upon notification by the Telephone Company of an upcoming rate increase, the customer must either elect to disconnect the service without liability or continue the service at the new rate. The customer's continuation of Premium DSL 30 days or more following a rate increase shall constitute the customer's election to continue at the new rate. 

C. If a customer elects to discontinue Premium DSL prior to the end of the one year minimum service period without the occurrence of a Premium DSL rate increase, a minimum service period charge will apply. The minimum service period charge is equal to the lesser of $250.00, or the monthly rate for the customer's Service, as set forth herein, times the number of months remaining in the initial one year minimum service period. 

V. Rates and Charges