Prior to August 1, 2001, service was furnished under MCIIT Tariff FCC No. 1 filed with the Federal Communications Commission and now canceled. Beginning August 1, 2001, service is being furnished pursuant to this Guide and any underlying written contract between the Company and the Customer.
Please note the following regarding this important change.
· MCIIT Tariff FCC No. 1 was amended on June 23, 2001 to incorporate new or revised General Definitions and new or revised General Terms and Conditions of Service contained in WorldCom Tariff FCC No. 1. Like the service in former MCIIT Tariff FCC No. 1, these General Definitions and General Terms and Conditions are now part of this Guide and, therefore, are part of customer service contracts. Some of the definitions and terms and conditions contained in former MCIIT Tariff FCC No. 1 are reflected in the General Definitions and General Terms and Conditions of Service and, accordingly, were removed from the former tariff at the time of detariffing on July 31, 2001. This explains why there may be omissions or gaps in the service information previously found in MCIIT Tariff FCC. No. 1 and currently contained in this Guide.
· Except as noted in the preceding paragraph, the text of this Guide replicates the information contained in former MCIIT Tariff FCC No. 1 on July 31, 2001.
· If there is an inconsistency between a General Definition or a General Term and Condition, a service-specific definition or term and condition, or a definition and term and condition contained in a written contract between the Company and the Customer, the relationship with the Customer will consist of the following, in order of precedence from (1) through (3): (1) the definition or term and condition in the written contract; (2) the service-specific definition or term and condition; and (3) the General Definition or Term and Condition. An inconsistency will be deemed to include any instance in which a service-specific definition or a service-specific term and condition has no counterpart in the General Definitions or the General Terms and Conditions of Service.
· WorldCom may change the Guide from time to time and any change made will be binding on customers after fulfillment of the notice period set forth in Section 7.B of the General Terms and Conditions.
· Any reference to tariff within the text of the Guide shall mean Guide.
INTERNATIONAL LEASED FACILITY SERVICE
1. DEFINITION OF TERMS
Andover, Maine Earth Station - The Company owned and operated satellite earth station at which international services as contained in this tariff are provided. The customer must provide, at his expense, the necessary facilities to access the earth station as well as the necessary facilities to access the international satellite system from the Company operated earth station.
Authorized User - A person, firm or corporation authorized by the customer to be connected to the channel or channels leased from the Company for the purpose of communicating with the customer. Communications must relate solely to the business of the customer.
Correspondent - The foreign administration or other company operating the terminals outside the continental United States.
Customer - A person, firm, corporation or company who contracts for service under this tariff and is responsible for the payment of charges as well as compliance with the regulations and rates which govern the furnishing of service set forth in this tariff.
Terminal - The operating office of the Company located in one of the cities listed in 2.2 following for the rendition of services as defined in this tariff.
2. APPLICATION OF TARIFF
2.1 This tariff contains the regulations and rates applicable to the portion of International Leased Facility Service furnished by the Company between its terminals located in the operating cities specified in 2.2 following, on the one hand, and overseas terminals operated by the Company's correspondent, on the other hand.
2.2 The operating cities from which service is provided are as follows:
Andover, Maine and Pt. Ryes, California earth stations.
2.3 When service is requested from a point in the continental United States not included in 2.2, the customer must furnish the channel facilities required to provide interconnection from the customer's location to the Company's terminal.
2.4
2.5 The Company does not undertake to transmit messages.
3. REGULATIONS
3.1 Description of Service
3.1.1 International Leased Facility Service is that of furnishing for the private use of customers and authorized users channel facilities for the direct transmission and reception of voice communications between terminals as specified herein.
3.1.2 Channels are arranged for duplex operation and shall be capable of being extended beyond the respective terminal locations of the Company specified in 2.2 preceding to the offices of the customer, or authorized user.
3.1.3 The Company, acting at the customer's request and as his authorized agent, will make reasonable efforts to arrange for the necessary facilities abroad for customers wishing service with overseas terminals operated by the Company's correspondent. When the Company, at the customer's request, bills the overseas charges, the charges will reflect the amount which normally would be billed to the customer's overseas office(s).
3.1.4 The rates and regulations published herein are applicable to all services being offered regardless of the type of facility utilized (e.g., cable, satellite, microwave, radio, cable/satellite, cable/cable or the like) by which the Company provides its International Leased Facility Service, except as otherwise specifically indicated. The facilities furnished by the Company are communications paths suitable for the purpose furnished and are derived in such a manner as the Company may elect.
3.2 Limitations
3.2.1 Service is offered subject to the availability of facilities and the provisions of this tariff.
3.2.2 The company reserves the right to limit the length of communications or discontinue furnishing facilities when necessary because of conditions beyond its control or the requirements of its regularly established point-to-point services.
3.2.3 In furnishing service between its terminals, the Company's responsibility is limited to the furnishing of facilities which will establish a communications path between such terminals.
3.2.4 In furnishing service between a terminal of the Company and an overseas terminal of a correspondent, the Company's responsibility is limited to the furnishing of facilities between its terminal and the theoretical midpoint, which, when combined with the facilities provided by such correspondent, will establish a communications path between two terminals.
3.2.5
3.3 Use of Service
3.3.1 Subject to any limitation applicable for a particular class of service, service may be used only for one or more of the following:
(A) For the transmission of communications to or from the customer and relating solely to the customer's business.
(B) For the transmission of communications to or from a person, firm or corporation (hereinafter referred to as an authorized user) authorized by the customer to receive or send communications from or to the customer only and relating solely to the customer's business. The foregoing shall be construed as excluding the transmission of any messages for or in behalf of any individual, firm or corporation other than the customer.
3.3.2 Service shall not be used for any purpose for which a payment or other compensation shall be received by either the customer, or authorized user; or in the collection, transmission or delivery of any communications for others. This provision does not prohibit an arrangement between the customer and the authorized users to share the cost of the service.
3.4 Substitute Service
In the event of channel interruption caused by storms, or the action of the elements, or other acts of God, or by strikes, or by civil or military authority, or by wars, insurrections, riots, rebellions or the unlawful acts of individuals or by other conditions beyond the control of the Company, the Company reserves the right to provide International Leased Facility Service by any available substitute means (if acceptable to the customer) pending restoration of normal service. This substitution applies only to another form of leased facility service and not to other services such as MTS, Telex, etc. Use of the latter services are subject to the rates, rules and regulations in the tariffs applicable to such services.
3.5 Payment Arrangements and Credit Allowances
3.5.1 Payment of Charges
(A) The customer is responsible for payment of all charges for facilities and services furnished to the customer. Installation charges are payable at the time of establishment of service. All other charges from time to time in force and effect are payable monthly in advance.
(B) Applicants for service who have no account with the Company, or whose financial responsibility is not a matter of general knowledge, may be required to make an advance payment, at the time an application for service is placed with the Company, equal to the Installation charges if applicable and at least one month's charges for the service to be provided. In addition, where the furnishing of service involves an unusual investment, applicant may be required to make payment in advance of such portion of the estimated cost of the installation as is to be borne by them. The amount of the advance payment is credited to the customer's accounts as applying to any indebtedness of the customer for the service furnished.
3.5.1.1
3.5.2 Cancellation for Cause
Upon non-payment of any sum owed the Company for International Leased Facility Service for more than 30 days beyond the date of rendition of the bill for such service, or upon violation of any of the conditions governing the furnishing of service under this tariff, the Company may, by written notice to the customer and without incurring any liability, forthwith discontinue the furnishing of facilities under this tariff. The customer will be liable for all expenses and fees (including reasonable attorney's fees) incurred by the Company in connection with the collection of any unpaid sum owed to the Company.
3.5.3 Minimum and Fractional Rates and Charges
(B) When rates are on a "monthly" or "per month" basis, the minimum charge is for one month. When service does not begin on the first day of a monthly billing period or end on the last day of a monthly billing period, the charge for the fractional party of the monthly billing period during which service is furnished will be a proportionate part of the monthly charge based on the ratio of the number of days in such beginning or concluding fractional monthly billing period to 30 days. For example, the pro rata billing for a partial monthly billing period from March 22 through March 31 is 10 thirtieths or one-third of the monthly charge. For this purpose every monthly billing period is considered to have 30 days.
3.5.4 Cancellation of Service
The notice of discontinuance for full-time voice grade earth station service and for full period television earth station service is 45 calendar days. Recurring charges apply for a period of 45 calendar days from the date the Company receives the written discontinuance notice or until the requested discontinuance date whichever is longer. The charges will continue to apply whether or not the customer continues to use the service. Such written notice must be mailed to, or physically delivered to, Lease Coordination, MCI International Telecommunications Corp., 201 Centennial Ave., Piscataway, NJ 08854. The cancellation of facilities and equipment furnished by other carriers and/or administrations shall be pursuant to the tariffs or regulations of such carriers and/or administrations.
3.5.5 Cancellation or Delay by Customer before Service Started:
(A) Cancellation by customer before Service is Started:
(1) When an order for service is cancelled by the customer prior to the start of installation of facilities, no charge applies.
(2) When installation of facilities has been started prior to the cancellation, the charge specified in (a) or (b) following, whichever is lower, applies.
(a) A charge equal to the estimated costs incurred in such installation, less estimated net salvage, such estimated costs incurred to include the cost of unsalvaged equipment and materials specifically provided or used plus the cost of installation, including engineering, supply expense, labor and supervision, and any other disbursements resulting from the installation and removal work.
(b) The charge for the minimum period of service, including the installation charge and the full amount of any termination charges applicable.
(3) Installation of channel facilities or equipment for a customer is considered to have started when the Company incurs any expense in connection therewith or in preparation therefor which would not otherwise have been incurred, provided the customer has advised the Company to proceed with the installation.
(B) Delay by Customer before Service is started:
(1) When a customer requests a delay in the start of service prior to the start of installation of facilities, no charge applies.
(2) When a customer requests a delay in the start of service after installation of facilities has been started, the charge specified in (a) or (b) following, whichever is lower, applies.
(a) A charge equal to the estimated costs incurred by the Company that would not have otherwise been incurred had the service started on the agreed upon date. These estimated costs would include unavoidable costs of installation, engineering, supply expense, labor and supervision, and any other disbursements resulting from the delay of installation, including charges applied by other communications common carriers for facilities leased by the Company.
(b) The charge for the period of service between the initial start-of-service date and the newly requested date, including the installation charges that would have been applicable if service had started on the initial start-of-service date.
3.5.6 Interruptions to Service
(A) Interruptions to service which are reported to the Company by the customer or authorized user and are not due to the negligence of the customer, or authorized user or the failure of commercial power supplies are credited to the customer at the proportionate monthly contract charge. As used herein, the term "service" means the channels or station equipment provided by Company. In granting credit for an interruption, the Company does not grant credits against charges for channels or station equipment provided by other companies or entities. For the purpose of determining the amount of allowance, every month is considered to have 30 days.
(1) Interruptions of 24 or less - Credit for interruptions to service will be as follows for that portion of the service furnished by the Company.
Length of Interruption Credit
Less than 30 minutes None
30 minutes up to but not including 3 hours 1/10 day
3 hours up to but not including 6 hours 1/5 day
6 hours up to but not including 9 hours 2/5 day
9 hours up to but not including 12 hours 3/5 day
12 hours up to but not including 15 hours 4/5 day
15 hours up to 24 hours inclusive One day
Two or more interruptions of 30 minutes or more, during any period up to but not including 3 hours, shall be considered as one interruption.
(2) Interruptions over 24 hours - Credit will be allowed in 1/5 day multiples for each 3 hour period of interruption or fraction thereof. No more than one full day's credit will be allowed for any period of 24 hours.
(B) Where agreement of a correspondent providing the terminal at the overseas end of the facility can be obtained, adjustments for interruption periods will be made in the charges of such correspondent.
3.5.7 The Company will not be liable for interruption credit in any case where the claim for credit is not presented to the Company within 90 days after the day on which the interruption occurred.
3.6 Inspection
The Company may, upon suitable notice, make such tests and inspections as may be necessary to determine that the requirements of this tariff are being complied with in the installation, operating and maintenance of the customer's authorized user's, or Company's equipment. The Company may interrupt the channel at any time because of departure from any of these requirements.
3.7 Testing and Regulating
Upon suitable notice, the facilities provided by the Company shall be made available to the Company for such tests and adjustments as may be necessary to maintain them in satisfactory condition; no interruption allowance will be made to the customer for the time such tests and adjustments are made.
3.8 Station Equipment
3.8.1 The characteristics of the station equipment furnished by the customer at either end of the facility shall be such that its connection to the facility does not interfere with other services over facilities used to provide the services. In cases where additional protective equipment is required, such equipment shall be provided at the customer's expense.
3.8.2 A customer, or authorized user must also provide, at his expense, the operating personnel and electric power at his office.
3.9 Interconnection with Facilities of Others
3.9.1 International Leased Facility Service furnished by the Company pursuant to this tariff may be connected on the premises of the customer or on the premises of the Company to domestic leased facility service furnished within the United States by other carriers.
3.9.2 The furnishing of service by the Company is not part of a joint undertaking with another carrier which provides domestic leased facility service.
3.9.3 When the customer desires to connect the service furnished by the Company with domestic leased facility service furnished by another carrier, as permitted herein, the customer shall make all arrangements with such other carrier concerning the domestic leased facility service. The Company will, however, when requested to do so by the customer, make the necessary arrangements with a domestic carrier for landline extensions. In completing such arrangements on behalf of the customer, the Company shall be deemed to be the authorized agent of the customer and, in addition to the charges applied by the domestic carrier, there shall be a charge of $10 per month for each landline extension obtained and billed by the Company.
3.9.4 For the rates and regulations covering domestic leased facility service furnished by other carriers, reference should be made to the tariffs of such other carriers.
3.10 Liability of the Company
3.10.1
3.10.2 The liability of the Company for damages arising out of interruptions or delays occurring in the course of furnishing the service or facility and not caused by the negligence of the customer, or authorized user, or of the Company in failing to maintain proper standards of maintenance and operation, and to exercise reasonable supervision, shall in no event exceed an amount equivalent to the proportionate charge to the customer for the period of service during which such interruption or delay occurs.
3.10.3 The Company is not liable for any act of a correspondent or other company or companies furnishing a portion of the through service beyond an amount equivalent to the Company's proportionate charge to the customer for the period during which such act occurs.
3.10.4 The Company shall be indemnified and saved harmless by the customer against:
(A) claims for libel, slander and infringement of copyright, arising from the customer's use of the facilities;
(B) claims for infringement of patents arising from combining with, or using in connection
with, facilities furnished by the Company, equipment, extensions and systems of the customer; and
(C) all other claims arising out of any act of the customer in connection with the facilities provided by the Company.
6. Service Provided at the Company's Andover, Maine Earth Station
6.1 The Company's per channel charge for full-time voice grade earth station service provided at its Andover, Maine earth station is $404 per month.
6.2 Television Service is provided by the Company from its Andover, Maine earth station to Atlantic Ocean region countries serviced by the Intelsat Satellite Systems via paths 325, 341.5 and 359, at the following rates:
- for transmit video and up to Type III transmit audio channels, per occasion of use:
First 10 Mins. Each Add'l Min.
or Fraction or Fraction
Thereof Thereof
a) Earth Station Segment $ 75.00 $5.50
(Video only) 70.00 5.00
(Audio only) 5.00 0.50
b) Space Segment 126.00 11.60
- for receive video and up to Type III receive audio channels, per occasion of use:
First 10 Mins. Each Add'l Min.
or Fraction or Fraction
Thereof Thereof
a) Earth Station Segment $ 75.00 $5.50
(Video only) 70.00 5.00
(Audio only) 5.00 0.50
b) Space Segment 126.00 11.60
- for full period earth station service 24 hours per day, 7 days per week:
a) for point-to-point service -
Service Type Monthly Rate
- 72.0MHz or 36.0MHz transponder,
in one direction only (transmit
or receive) $30,000
b) for a single customer transmitting the same program material to multiple service points -
- 72.0MHz or 36.0MHz transponder,
transmit only, up to six points
receiving $35,000
6.3 Cancellation of Occasional Use Television Service
a) When cancellation occurs 24 hours or less prior to the time booked - The tariffed charges applicable for the amount of time booked are applied.
b) When cancellation occurs more than 24 hours prior to the time booked - $62 is applied.
8. International Full Period Television Service
8.1 Application of Service
This section applies to the furnishing of the Company's International Full Period Television Service between the Company's gateway cities and Intelsat's Atlantic Ocean and Pacific Ocean satellites for service with the overseas points as set forth in the Rates section below.
8.2 Description of Service
International Full Period Television Service consists of the provision of a one-way monochrome or color video channel and any associated audio channels between the international earth stations at Andover, Maine and Brewster, Washington, on the one hand, and the appropriate international satellite on the other hand. The channel connects with an associated channel provided by an overseas company or administration for combination with channels furnished between the satellite and an overseas earth station for the establishment of a through communications path. Channels may be extended between the Andover and Brewster earth stations and the customer's premises via facilities furnished by the customer at the customer's expense. Service is available outbound from the United States and is provided on a continuous basis, 24 hours per day, 7 days per week.
8.3 Rates
a. The following rates apply for transmit service from the international earth station at Andover, Maine to an international satellite for video and associated audio communications with multiple overseas points located at:
Azores
Diego García
Alemania, Fed. Rep. of
Islandia
Italia
España
Turquía
For transmit service via an Intelsat full global beam transponder and:
Monthly Rate
- up to and including seven
overseas points 114,793
b) The following rates apply for receive service from a domestic satellite at the international earth station at Brewster, Wash. and for transmit service from the international earth station at Brewster, Wash. to an international satellite for video and associated audio communications with multiple overseas points located at:
Japón
Corea, Rep. of
Nueva Zelanda
Filipinas
For transmit service via an Intelsat full global beam transponder and:
Monthly Rate
- up to and including
four overseas points $51,050
The notice of discontinuance for International Full Period Television Service at Brewster, Wash. is 90 calendar days. A twelve month termination liability of $84,000, reduced by $7,000 for each month of service, applies.
In the event the Company is liable for a termination liability of depreciation expense relating to the Brewster, Wash. earth terminal as a result of termination of service by the customer, the customer shall reimburse the Company for such liability.
c) The customer will also be responsible for reimbursing the Company for any space segment terminating costs incurred by the Company as a result of termination of service by the customer.
d) In addition to the rates contained in a), b) and c) preceding, an administrative charge of $3,090 per month applies.
9. Services Provided at the Company's Pt. Reyes, Calif. Earth Station
9.1 Television Service is provided by the Company from its Pt. Reyes, Calif. earth station to Pacific Ocean region countries served by the Intelsat Satellite System via path 177, at the following rates:
- for transmit video and up to Type III transmit audio channels, per occasion of use:
First 10 Mins. Each Add'l Min.
or Fraction or Fraction
Thereof Thereof
a) Earth Station Segment $ 75.00 $5.50
(Video only) 70.00 5.00
(Audio only) 5.00 0.50
b) Space Segment 126.00 11.60
- for receive video and up to Type III receive audio channels, per occasion of use:
First 10 Mins. Each Add'l Min.
or Fraction or Fraction
Thereof Thereof
a) Earth Station Segment $ 75.00 $5.50
(Video only) 70.00 5.00
(Audio only) 5.00 0.50
b) Space Segment 126.00 11.60
- for full period earth station service 24 hours per day, 7 days per week:
a) for point-to-point service -
Service Type Monthly Rate
- 72.0MHz or 36.0MHz transponder,
in one direction only (transmit
or receive) $30,000
b) for a single customer transmitting the same program material to multiple service points -
- 72.0MHz or 36.0MHz transponder,
transmit only, up to six points
receiving $35,000
9.2 Cancellation of Occasional Use Television Service
a) When cancellation occurs 24 hours or less prior to the time booked - The tariffed charges applicable for the amount of time booked are applied.
b) When cancellation occurs more than 24 hours prior to the time booked - $62 is applied.