IMPORTANT NOTICE RELATING TO THIS GUIDE AND FORMER TARIFFS

Prior to February 1, 2003, dedicated access service was furnished under Intermedia Communications Inc. Tariff FCC No. 12 filed with the Federal Communications Commission and now canceled. Beginning February 1, 2003, 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.

· Some of the definitions and terms and conditions contained in former Intermedia Communications Inc. Tariff FCC No. 12 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 February 1, 2003. This explains why there may be omissions or gaps in the service information previously found in Intermedia Communications Inc. Tariff FCC No. 12 and currently contained in this Guide.

· Except as noted in the preceding paragraph, the text of this Guide replicates the information contained in former under Intermedia Communications Inc. Tariff FCC No. 12 on January 31, 2003.

· 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.

· The Company 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.

SECTION 1 - DEFINITIONS

Certain terms used generally throughout this tariff for the Access Services of this Company are defined below.

Co-Carrier: Any other Telecommunications provider authorized by the Commission to provide local exchange service in the state.

Customer Premises: The space occupied by a Customer or Authorized User in a building or buildings or on contiguous property (except railroad rights-of-way, etc.).

End User: Any individual, association, corporation, governmental agency or any other entity other than an Interexchange Carrier which subscribes to intrastate service provided by an Exchange Carrier.

Entrance Facility: A trunk facility connecting the Customers point of presence with the local switching center.

Firm Order Confirmation (FOC): Acknowledgment by the Company of receipt of an Access Service Request from the Customer and commitment by the Company of a Service Date.

Local Switching Center: The switching center where telephone exchange service Customer station Channels are terminated for purposes of interconnection to each other and to interoffice Trunks.

Out of Band Signaling: An exchange access signaling feature which allows customers to exchange call control and signaling information over a communications path which is separate from the message path.

Service Order: The written request for Network Services executed by the Customer and the Company in a format devised by the Company; or, in the alternative, the submission of an Access Service Request by the Customer in the manner specified in this tariff.

Service(s): The Company's telecommunications Access Services offered on the Company's Network.

Signaling Point of Interface: The Customer designated location where the SS7 signaling information is exchanged between the Company and the Customer.

Signaling System 7 (SS7): The common Channel Out of Band Signaling protocol developed by the Consultative Committee for International Telephone and Telegraph (CCITT) and the American National Standards Institute (ANSI).

Trunk: A communications path connecting two switching systems in a network, used in the establishment of an end-to-end connection.

SECTION 2 - RULES AND REGULATIONS

2.1 Undertaking of the Company

2.1.1 Scope

Companys services offered pursuant to this Tariff are furnished for Dedicated Access Service. Company may offer these services over its own or resold facilities.

Company installs, operates, and maintains the communications services provided herein in accordance with the terms and conditions set forth under this Tariff. Company may act as the Customers agent for ordering access connection facilities provided by other carriers or entities as required in the Commissions rules and orders, when authorized by the Customer, to allow connection of a Customers location to the Company network. The Customer shall be responsible for all charges due for such service agreement.

2.1.2 Shortage of Equipment or Facilities

2.1.3 Terms and Conditions

B. Customers seeking to cancel service have an affirmative obligation to block traffic originating from or terminating to the Companys network. By originating traffic from or terminating traffic to the Companys network, the Customer will have constructively ordered the Companys switched access service.

C. The Customer agrees to operate Company-provided equipment in accordance with instructions of the Company or the Company's agent. Failure to do so will void Company liability for interruption of service and may make the Customer responsible for damage to equipment pursuant to section 2.1.3.D below.

D. The Customer agrees to return to the Company all Company-provided equipment delivered to Customer within five (5) days of termination of the service in connection with which the equipment was used. Said equipment shall be in the same condition as when delivered to Customer, normal wear and tear only excepted. Customer shall reimburse the Company, upon demand, for any costs incurred by the Company due to Customer's failure to comply with this provision.

2.1.4 Liability of the Company

I. The Company shall be indemnified and held harmless by the End User against any claim, loss or damage arising from the End User's use of services offered under this tariff including: claims for libel, slander, invasion of privacy or infringement of copyright arising from the End User's own communications; patent infringement claims arising from the End User's combining or connecting the service offered by the Company with facilities or equipment furnished by the End User of another Interexchange Carrier; or all other claims arising out of any act or omission of the End User in connection with any service provided pursuant to this tariff.

J. The entire liability of the Company for any claim, loss, damage or expense from any cause whatsoever shall in no event exceed sums actually paid to the Company by the Customer for the specific services giving rise to the claim, and no action or proceeding against the Company shall be commenced more than one year after the service is rendered.

2.1.5 Notification of Service-Affecting Activities

The Company will provide the Customer reasonable notification of service-affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventative maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period is applicable to all service activities. The Company will work cooperatively with the Customer to determine the reasonable, notification requirements. With some emergency or unplanned service-affecting conditions, such as an outage resulting from cable damage, notification to the Customer may not be possible.

2.1.6 Provisions of Equipment and Facilities

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

D. Equipment the Company provides or installs at the Customer Premises for use in connection with the services the Company offers shall not be used for any purpose other than that for which the Company provided it.

E. The Customer shall be responsible for the payment of service charges imposed on the Company by another entity, for visits to the Customer Premises when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including but not limited to the Customer.

2.1.7 Non-routine Installation

At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in unusual locations. In such cases, charges based on cost of the actual labor, material, or other costs incurred by or charged to the Company will apply. 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.

2.1.8 Special Construction

Subject to the arrangement of the Company and to all of the regulations contained in this tariff, special construction of facilities may be undertaken on a reasonable efforts basis at the request of the Customer. Special construction is that construction undertaken and characterized by one or more of the following:

A. where facilities are not presently available and there is no other requirement for the facilities so constructed;

B. of a type other than that which the Company would normally utilize in the furnishing of its services;

C. where facilities are to be installed over a route other than that which the Company would normally utilize in the furnishing of its services;

D. where facilities are requested in a quantity greater than that which the Company would normally construct;

E. where installation is on an expedited basis;

F. on a temporary basis until permanent facilities are available;

G. installation involving abnormal costs; or

H. in advance of its normal construction schedules.

Special construction charges for Switched Access Service will be determined on an individual use basis.

2.1.9 Ownership of Facilities

Title to all facilities provided in accordance with this tariff remains in the Company, its agents, contractors or suppliers.

2.2 Prohibited Uses

2.2.1

2.2.2 The Company may require applicants for service who intend to use the Company's offerings for resale and/or for shared use to file a letter with the Company confirming their use of the Company's offerings complies with relevant laws and applicable state regulations, policies, orders, and decisions; and if the Reseller intends to provide intrastate services, is certified with the appropriate state entity.

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

2.3 Obligations of the Customer

2.3.1 The Customer shall be responsible for:

B. reimbursing the Company for 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 these regulations; or by fire or theft or other casualty on the Customer Premises, unless caused by the negligence or willful misconduct of the employees or agents of the Company. The Company will, upon reimbursement for damages to its facilities or equipment, cooperate with the Customer in prosecuting a claim against the person causing such damage and the Customer shall be subjugated in the Company's right of recovery of damages to the extent of such payment;

C. providing at no charge, as specified from time to time by the Company, any needed personnel, equipment, space, and power to operate Company facilities and equipment installed on the Customer Premises, and the level of heating and air conditioning necessary to maintain the proper operating environment on such Customer Premises;

D. obtaining, maintaining, and otherwise having full responsibility for all rights-of-way and conduit necessary for installation of fiber optic cable and associated equipment used to provide Access Services to the Customer from the cable building entrance or property line to the location of the equipment space described in 2.3.l.C above. Any costs associated with obtaining and maintaining the rights-of-way described herein, including the costs of altering the structure to permit installation of the Company-provided facilities, shall be owned entirely by, or may be charged by the Company to, the Customer. The Company may require the Customer to demonstrate its compliance with this subsection prior to accepting an order for service;

E. providing a safe place to work and complying with all laws and regulations regarding the working conditions on the Customer Premises at which Company employees and agents shall be installing or maintaining the Companys facilities and equipment. The Customer may be required to install and maintain Company facilities and equipment within a hazardous area if, in the Companys opinion, injury or damage to the Company employees or property might result from installation or maintenance by the Company. The Customer shall be responsible for identifying, monitoring, removing, and disposing of any hazardous material (e.g. friable asbestos) prior to any construction or installation work;

F. complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses, and permits as may be required with respect to, the location of Company facilities and equipment in any Customer Premises or the rights-of-way for which Customer is responsible obtaining under Section 2.3.1.D above; and granting or obtaining permission for Company agents or employees to enter the Customer Premises at any time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment of the Company; and

G. not creating or allowing to be placed or maintained any liens or other encumbrances on the Companys equipment or facilities.

2.3.2 Claims

2.3.3 Jurisdictional Reporting

2.4 Customer Equipment and Channels

2.4.1 General

2.4.2 Station Equipment

A. The Customer is responsible for providing and maintaining any terminal equipment on the Customer Premises. The electric power consumed by such equipment shall be provided by, and maintained at the expense of, the Customer. All such terminal equipment must be registered with the FCC under 47 C.F.R., Part 68 and all wiring must be installed and maintained in compliance with those regulations. The Company will, where practicable, notify the Customer that temporary discontinuance of the use of a service may be required; however, where prior notice is not practicable, nothing contained herein shall be deemed to impair the Companys right to discontinue forthwith the use of a service temporarily if such action is reasonable under the circumstances.

In case of such temporary discontinuance, the Customer will be promptly notified and afforded the opportunity to correct the condition which gave rise to the temporary discontinuance. During such period of temporary discontinuance, credit allowance for service interruptions as set forth in Section 2.6 following is not applicable.

2.4.3 Interconnection of Facilities

2.4.4 Inspections

B. If the protective requirements for Customer-provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilities, equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notify the Company of the action taken. If the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment, and personnel from harm. The Company will, upon request 24 hours in advance, provide the Customer with a statement of technical parameters that the Customers equipment must meet.

2.5 Payment Arrangements

2.5.1 Payment for Service

A. Taxes

2.5.2 Billing and Collection of Charges

Unless otherwise specified herein, bills are due and payable upon receipt.

Non-Recurring Charges are due and payable within 30 days after the invoice date.

The Company shall present invoices for all Charges monthly to the Customer.

The Customer shall notify the Company of any disputed items on an invoice within 90 days of receipt of the invoice. If the Customer and the Company are unable to resolve the dispute to their mutual satisfaction, the Customer may file a complaint with the Commission in accordance with the Commissions rules of procedures.

2.5.3 Refusal and Discontinuance of Service

A. Upon nonpayment of any amounts owing to the Company, the Company may, by giving requisite prior written notice to the Customer discontinue or suspend service without incurring any liability.

B. Upon violation of any of the other material terms or conditions for furnishing service the Company may, by giving 30 days' prior notice in writing to the Customer, discontinue or suspend service without incurring any liability if such violation continues during that period.

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

E. Upon the Company's discontinuance of service to the Customer under Section 2.5.3.A or 2.5.3.B above, the Company, in addition to all other remedies that may be available to the Company at law or in equity or under any other provision of this tariff, may declare all future monthly and other charges which would have been payable by the Customer during the remainder of the term for which such services would have otherwise been provided to the Customer to be immediately due and payable.

F. The Company may discontinue the furnishings of any and/or all service(s) to Customer, without incurring any liability:

1. Immediately and without notice if the Company deems that such action is necessary to prevent or to protect against fraud or to otherwise protect its personnel, agents, facilities or services. The Company may discontinue service pursuant to this sub-section 2.5.3.F.1.(a-f), if

(a)

(b)

(c)

(d) The Customer has been given written notice by the Company of any past due amount (which remains unpaid in whole or in part) for any of the Company's other Common Carrier communications services to which the Customer either subscribes or had subscribed or used; or

(e)

2. Upon fourteen (14) days written notice to the Customer of any sum thirty (30) days past due;

3. Upon ten (10) days written notice to the Customer, after failure of the Customer to comply with a request made by the Company for security for the payment of service in accordance with Section 2.5.3.A, above; or

4. Seven (7) days after sending the Customer written notice of noncompliance with any provision of this tariff if the noncompliance is not corrected within that seven (7) day period. The discontinuance of service(s) by the Company pursuant to this Section does not relieve the Customer of any obligation to pay the Company for charges due and owing for service(s) furnished up to the time of discontinuance.

2.5.4 Cancellation of Application for Service

Where, prior to cancellation by the Customer, the Company incurs any expenses in installing the service or in preparing to install the service that it otherwise would not have incurred, a charge equal to the costs the Company incurred, less net salvage, shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of services ordered, including installation charges, and all charges others levy against the company that would have been chargeable to the Customer had service begun. The special charges described will be calculated and applied on a case-by-case basis.

2.6 Allowances for Interruptions in Service

Interruptions in service which are not due to the negligence of or noncompliance 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 in 2.6.1 for the part of the service that the interruption affects.

The credit allowance will be calculated by the Company after the Customer notifies the Company of service interruption. The amount of the allowance will depend on the length of the outage and the service impacted. Service Outage conditions are defined as complete loss of call origination and/or receipt capability. Credit Allowances, if any, will be deducted from the charges payable by the IXC and will be expressly indicated on the next invoice. A Service Outage begins when the IXC reports the outage to the Company. A Service Outage ends when the affected circuit and/or associated Company equipment is fully operational in accordance with the technical specifications.

Credit allowances do not apply to outages (i) caused by the IXC; (ii) due to failure of equipment provided by the IXC; (iii) during any period in which the Company is not given access to the service premises; (iv) failures of LEC facilities or equipment which are carrying the failures resulting from the activities or negligence of LEC employees; (vi) inability to gain access to the IXC's equipment; and (vii) due to mutually agreed upon maintenance and repair.

Credit Allowances received by the Company from the LEC for Off-Net facility outages which affects the IXC's Switched Services will be passed through to the IXC in the form of a credit on the next invoice.

2.6.1 Limitations on Allowances

No credit allowance will be made for:

A. interruptions due to the negligence of, or noncompliance with the provisions of this tariff by, the Customer, Authorized User, Joint-User, or other Common Carrier providing service connected to the service of Company;

B. interruptions due to the negligence of any person other than the Company, including, but not limited to, the Customer or other Common Carriers connected to the Company's facilities;

C. interruptions due to the failure or malfunction of non-Company equipment;

D. 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;

E. interruptions of service during a period in which the Customer continues to use the service on an impaired basis;

F. 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;

G. interruption of service due to circumstances or causes beyond the control of the Company.

2.7 Transfers and Assignments

Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the services and 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 any subsidiary, parent Company or affiliate of the Company (b) pursuant to any sale or transfer of substantially all the assets of the Company; or pursuant to any financing, merger or reorganization of the Company.

2.8 Notices and Communications

2.8.1 The Customer shall designate on the Service Order an address to which the Company shall mail or deliver all notices and other communications, except that the Customer may also designate a separate address to which the Company's bills for service shall be mailed.

2.8.2 The Company shall designate on the Service Order an address to which the Customer shall mail or deliver all notices and other communications, except that the Company may designate a separate address, on each bill for service, to which the Customer shall mail payment on that bill.

2.8.3 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 by the Company, shall be presumed to have been delivered to the other party on the third business day following deposit of the notice, communication, or bill with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first.

2.8.4 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.

2.9 Meet Point Billing

SECTION 6 - DEDICATED ACCESS SERVICE RATES

The Company provides interstate Dedicated Access Service for use as a stand-alone service, or in connection with other Company services. Dedicated Access Services are offered on a point-to-point basis. Each Dedicated Access Service is dedicated to the Customer and the entire usable bandwidth for each service is available to the Customer for their exclusive use.

6.1 Metro Private Line Access Service

Metro Private Line Access Service is a point-to-point and multi-point service which provides Customers access to private telecommunications networks, wide area networks, connections with information service providers and interexchange carriers who transport interstate traffic.

6.1.1 Metro Private Line Access Service is available at varying transmission speeds as follows:

6.1.1.1 Voice Grade Service: Voice grade service provides frequency transmission capability in the nominal frequency range of 300 to 3000 Hz and may be terminated utilizing two-wire or four-wire circuits. Voice grade service can carry both analog and digital data.

6.1.1.2 Digital Data Service: Digital data service provides the duplex four-wire transmission of synchronous serial data at rates ranging from 2.4 to 64 kbps (DS0).

6.1.1.3 High Capacity Service (DS-1): High capacity service provides transmission of synchronous serial data at speeds of 1.544 or 2.048 Mbps. Transmission of intermediate bit rate channels in multiple increments of either 56 or 64 kbps up to 1.544 Mbps is also available.

6.1.1.4 Very High Capacity Service (DS-3): Very high capacity service provides transmission of synchronous serial data at speeds of 44.736 Mbps or faster.

6.1.1.5 Metro Private Line SONET Service: Metro Private Line SONET Service, provides transmission of data at speeds of 155 Mbps or higher through an optical signal on the Synchronous Optical Network (SONET) in a Type 1 network configuration. OC3

No

(156.52 Mbps) and OC12 (622.08 Mbps) speeds are available in either concatenated or channelized configurations. OC48 (2.488 Gbps) is available in channelized form.

No

6.1.2 Metro Private Line Access Service in Type 1 and

T

Type 2 network configurations is

No

available from the following locations.

6.1.3 Metro Private Line Digital Service Level Guarantee (SLG)

The Metro Private Line Digital Service Level Guarantee (SLG) applies to Digital Data Service (DS‑0), High Capacity Service (DS‑1), and Very High Capacity Service (DS‑3) circuits which are ordered on or after December 18, 2001, with a term commitment of at least one

No

year, except that the Service Installation SLG applies to DS-0, DS-1 and DS-3 circuits in a Type 1 service configuration which are

No

ordered on or after December 18, 2001, only. Customers will be eligible to receive special credit allowances for failure by the Company to satisfy two Performance Standards: "Service Availability" and "Mean Time to Repair (MTTR)". If these special credit allowances are not applicable to a circuit, the Customer will receive credit outage allowances pursuant to the provisions contained in Section 2.6.

Definitions: For purposes of this SLG, the following definitions apply:

Mean Time to Repair (MTTR): MTTR is the period of time commencing with the date and time the Customer first informs the Company of a circuit Service Outage (i.e. opens a "Trouble Ticket") and ending on the date and time that service on that circuit is restored.

M

Service Availability: Service Availability is the total number of minutes in a monthly billing period during which service on that circuit is available for use by the Customer, divided by the total number of minutes in that monthly billing period. For the purposes of this SLG, Service Availability will be calculated by taking into account the time between the initiation of a Trouble Ticket for a Service Outage and reductions in time for factors or conditions that are not the

M

Company's service responsibility.

No

Service Installation Period: The span of time commencing on the date the Company accepts a completed Customer order for installation and ending on the date the Company completes service installation and the service becomes available for

No

Customer use.

Service Outage: An unscheduled period of time when service is unavailable for use by the Customer. A Service Outage is defined as 60 or more seconds of service unavailability within a 15‑minute period measured by the Company. A Service Outage may occur as a result of the Company's failure to meet its performance obligations or for factors or conditions that are not the Company's service responsibility, including those specified in the "Exclusions" section below.

Trouble Ticket: The result of reporting by a Customer to the Company of a perceived Service Outage.

Qualifications:

To be eligible to receive an SLG credit for a Service Outage, a Customer must: (i) initiate a Trouble Ticket within four hours of first learning of an Outage; and, (ii) make a written request for SLG credit to the Company within five days of initiating the Trouble Ticket. When making an SLG credit request, the Customer must provide the Company with the following information: (1) the Trouble Ticket number; (2) the date and time the Trouble Ticket was initiated; and (3) the circuit ID number for each circuit that experienced the Service Outage.

No

To receive SLG credit for Service Installation Period SLG, an eligible Customer must make a written request for a credit to the Company within five business days of the completed installation of the qualifying service. When making this credit request, the Customer must provide the Company with the following information: (1) the date the Service Installation Period commenced; (2) the date specified for installation in the Customer order; (3) the date installation was completed; (4) the circuit ID for each circuit that was not installed within the SLG; and, (5) the Customer's order

No

number.

Service Level Guarantees:

Mean Time to Repair (MTTR): The SLG for a Type 1 network configuration service is 2 hours. The SLG for a Type 2 network configuration service is 4 hours.

To determine whether the SLG has been satisfied, a monthly "MTTR circuit average" will be determined by dividing the cumulative length of service outages for a circuit by the total number of Trouble Tickets opened during a monthly billing period for the circuit.

T

Service Availability: The SLG for a Type 1 network configuration service is 100 percent. The SLG for a Type 2 network configuration service is

T

99.8 percent.

Service Installation Guarantee: The Company guarantees installation of qualifying service within a Service Installation Period which does not exceed the longer of (i) the period specified for installation in the Customer order or (ii) the following number of days, excluding weekends and Company holidays, based on circuit type:

Circuit Type Días

DS-0 14

DS-1 14

DS-3 20

If, at any time during the Service Installation Period, the Company ascertains that it lacks the facilities necessary to install service and so notifies the Customer, the Company will be relieved of any obligation to issue any SLG credits to the Customer with regard to the affected service.

Credits:

During any monthly billing period in

C

which the Company fails to meet an SLG, other than the Service Installation Period SLG, for a Type 1 network configuration service circuit, the Customer will receive credit for that circuit, as follows, provided, however, that the Customer may not receive a special credit allowance for a circuit for more than 6 months in any 12‑month period:

For a one month failure, the Company will provide a credit equal to 5 percent of the monthly recurring circuit charges, after application of all discounts.

For a failure of two consecutive months, the Company will provide a credit equal to 10 percent of the monthly recurring circuit charges, after application of all discounts, for the second month.

For a failure of three consecutive months, either: (1) the Company will provide a credit equal to 15 percent of the monthly recurring circuit charges, after application of all discounts, for the third month and each consecutive month thereafter that the Customer remains subscribed to the circuit and the Company fails to satisfy the SLG; or (2) the Customer may terminate service for that circuit without incurring termination liability, except for charges incurred prior to service termination, provided that the Customer notifies the Company in writing of its intent to terminate the circuit no later than 30 days after the conclusion of the third month or any consecutive month

C

thereafter. For a failure of three consecutive months or more, the Company, upon written notice to a Customer, may terminate its performance obligations under this SLG, which will result in the application to circuit performance of the credit outage allowance provisions contained in Section 2.6.

During any monthly billing period in which the Company fails to meet an SLG, other than the Service Installation Period SLG, for a Type 2 circuit, the Customer will receive credit for that circuit, as follows, provided, however, that the Customer may not receive a special credit allowance for a circuit for more than 6 months in any 12‑month period:

For a one month failure, the Company will provide a credit equal to 25 percent of the monthly recurring circuit charges, after application of all discounts.

For a failure of two consecutive months, the Company will provide a credit equal to 50 percent of the monthly recurring circuit charges, after application of all discounts, for the second month.

For a failure of three consecutive months, either: (1) the Company will provide a credit equal to 100 percent of the monthly recurring circuit charges, after application of all discounts, for the third month and each consecutive month thereafter that the Customer remains subscribed to the circuit and the Company fails to satisfy the SLG; or (2) the Customer may terminate service for that circuit without incurring termination liability, except for charges incurred prior to service termination, provided that the Customer notifies the Company in writing of its intent to terminate the circuit no later than 30 days after the conclusion of the third month or any consecutive month thereafter. For a failure of three consecutive months or more, the Company, upon written notice to a Customer, may terminate its performance obligations under this SLG, which will result in the application to circuit performance of the credit outage allowance provisions contained in Section 2.6.

If the Company fails to satisfy the Service Installation Period SLG, the Company will provide a credit equal to: 50 percent of the monthly recurring charges for circuits installed one to ten business days after the SC

Z

G; and, 100 percent of the monthly recurring charges for circuits installed more than 10 business days after the SLG.

Exclusions:

Service Availability and MTTR SLG calculations will not include time during which a Service Outage results from any one or more of the following:

Scheduled service maintenance.

Labor strikes affecting service.

Force majeure events beyond the reasonable control of the Company (including, but not limited to, acts of God, government regulation, and national emergency).

Service Outages attributable to the installation of a new circuit.

Service Outages attributable to: Customer Premises equipment (CPE); any third party equipment other than equipment furnished by LECs as part of their access services; or any Customer application on a covered circuit.

Any act or omission on the part of the Customer, its contractors, agents or vendors, including any refusal to release the circuit to the Company for maintenance, testing or repair.

Calculations to determine a Service Installation Period SLG credit will not include time during which the SLG is not satisfied as the result of, any of the following circumstances or conditions:

Any act or omission of the Customer, its agent or vendors, including changing a previously accepted service order;

Delays due to causes beyond the control of the Company;

Delays resulting from an order suspension due to credit issues involving the Customer;

Delays resulting from extension of the access circuit demarcation point;

Delays resulting from inaccurate or incorrect order information from the Customer;

Force majeure events beyond the reasonable control of the Company (including, but not limited to, acts of God, government regulation, and national emergency);

Labor strikes or work stoppages affecting service;

Unavailability of Customer's Premises, CPE or facilities required to install service; or,

Unavailability of Company equipment, facilities or bandwidth.

6.1.4 Metro Private Line SONET Service Level Guarantee (SLG)

The Metro Private Line SONET Service Level Guarantee (SLG) applies to Type 1 Metro Private Line SONET Service circuits which are ordered on or after December 18, 2001, with a term commitment of at least one year, except that the Service Installation SLG applies to Type 1 OC 3 and OC 12

T

which are ordered on or after December 18, 2001, only. Customers will be eligible to receive special credit allowances for failure by the Company to satisfy two Performance Standards: "Service Availability" and "Mean Time to Repair (MTTR)". If these special credit allowances are not applicable to a circuit, the Customer will receive credit outage allowances pursuant to the provisions contained in Section 2.6.

Definitions: For purposes of this SLG, the following definitions apply:

Service Availability: Service Availability is the total number of minutes in a monthly billing period during which service on that circuit is available for use by the Customer, divided by the total number of minutes in that monthly billing period. For the purposes of this SLG, Service Availability will be calculated by taking into account the time between the initiation of a Trouble Ticket for a Service Outage and reductions in time for factors or conditions that are not the

M

Company's service responsibility.

Service Installation Period: The span of time commencing on the date the Company accepts a completed Customer order for installation and ending on the date the Company completes service installation and the service becomes available for

No

Customer use.

Trouble Ticket: The result of reporting by a Customer to the Company of a perceived Service Outage.

Qualifications:

No

To receive a SLG credit for Service Installation Period SLG, an eligible Customer must make a written request for a credit to the Company within five business days of the completed installation of the qualifying service. When making this credit request, the Customer must provide the Company with the following information: (1) the date the Service Installation Period commenced; (2) the date specified for installation in the Customer order; (3) the date installation was completed; (4) the circuit ID for each circuit that was not installed within the SLG; and,

No

(5) the Customer's order number.

Service Level Guarantees:

Mean Time to Repair (MTTR): The SLG is 2 hours.

Service Availability: The SLG is 100

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percent.

Credits:

During any monthly billing period in

No

which the Company fails to meet an SLG, other

No

than a Service Installation Period SLG, for a circuit, the Customer will receive credit for that circuit, as follows, provided, however, that the Customer may not receive a special credit allowance for a circuit for more than 6 months in any 12‑month period:

For a one month failure, the Company will provide a credit equal to 25 percent of the monthly recurring circuit charges, after application of all discounts.

For a failure of two consecutive months, the Company will provide a credit equal to 50 percent of the monthly recurring circuit charges, after application of all discounts, for the second month.

For a failure of three consecutive months, either: (1) the Company will provide a credit equal to 100 percent of the monthly recurring circuit charges, after application of all discounts, for the third month and each consecutive month thereafter that the Customer remains subscribed to the circuit and the Company fails to satisfy the SLG; or (2) the Customer may terminate service for that circuit without incurring termination liability, except for charges incurred prior to service termination, provided that the Customer notifies the Company in writing of its intent to terminate the circuit no later than 30 days after the conclusion of the third month or any consecutive month

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thereafter. For a failure of three consecutive months or more, the Company, upon written notice to a Customer, may terminate its performance obligations under this SLG, which will result in the application to circuit performance of the credit outage allowance provisions contained in Section 2.6.

If the Company fails to satisfy the Service Installation Period SLG, the Company will provide a credit equal to: 50 percent of the monthly recurring charges for circuits installed one to ten business days after the SIG; and, 100 percent of the monthly recurring charges for circuits installed more than 10 business days after the SLG.

Exclusions:

Service Availability and MTTR SLG calculations will not include time during which a Service Outage results from any one or more of the following:

Scheduled service maintenance.

Labor strikes affecting service.

Force majeure events beyond the reasonable control of the Company (including, but not limited to, acts of God, government regulation, and national emergency).

Service Outages attributable to the installation of a new circuit.

Any act or omission on the part of the Customer, its contractors, agents or vendors, including any refusal to release the circuit to the Company for maintenance, testing or repair.

Calculations to determine a Service Installation Period SLG credit will not include time during which the SLG is not satisfied as the result of, any of the following circumstances or conditions:

Any act or omission of the Customer, its agent or vendors, including changing a previously accepted service order;

Delays due to causes beyond the control of the Company;

Delays resulting from an order suspension due to credit issues involving the Customer;

Delays resulting from extension of the access circuit demarcation point;

Delays resulting from inaccurate or incorrect order information from the Customer;

Force majeure events beyond the reasonable control of the Company (including, but not limited to, acts of God, government regulation, and national emergency);

Labor strikes or work stoppages affecting service;

Unavailability of Customer's Premises, CPE or facilities required to install service; or,

Unavailability of Company equipment, facilities or bandwidth.

SECTION 8 DEDICATED ACCESS SERVICE RATES

8.1 Metro Private Line Access Service

Metro Private Line Access Service pricing is based upon the customer's network configuration as follows:

Type 1 access service is provided when the connections at each end of a circuit are furnished via Company or Company‑affiliate facilities, and the circuit itself is furnished via Company or Company‑affiliate facilities.

Type 2 access service is provided when one connection on a circuit is furnished via Company or Company‑affiliate facilities, and the other connection on a circuit is not furnished via Company or Company‑affiliate facilities. The circuit is furnished via Company or Company‑affiliate facilities.

Type 3 access service is provided when the connections at each end of a circuit are not furnished via Company or Company‑affiliate facilities, but the circuit itself is

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furnished via Company or Company‑affiliate facilities.

Type 4 access service is provided when the connections at each end of a circuit are not furnished via Company or Company‑affiliate facilities, and the circuit itself is not furnished via Company or Company‑affiliate

No

facilities.

1. Monthly Recurring Charges: Multiplication factors (MF) used in calculating monthly recurring charges are found in Table 1.

1.1 Point-to-Point Products The following provisions apply to Voice Grade Service, Digital Data Service, High Capacity Service (DS-1) and Very High Capacity Service (DS-3) provided on a Point to Point Service basis.

a. Full Bandwidth: The following definitions will apply for the calculations in this section only:

ILEC rate = {(2 X Channel Terminations) + Channel Mileage}

Offnet rate = {(1 X Channel Termination) + Channel Mileage to Collocation + Cross Connect}

Monthly recurring charges for Full Bandwidth products are as follows:

Type 1: ILEC rate X .85

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Type 2: MAXIMUM [(ILEC rate) or (Offnet rate)]

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Type 3: MAXIMUM [(ILEC rate) or {S (Location-specific Offnet rate) * MF}]

Type 4: {S (Location-specific Offnet rate) * MF}

Ejemplos:

Channel Termination=$200

Channel Mileage (fixed)=50

Channel Mileage (per mile)=15

Cross Connect=12

Example 1: Type 1, Channel Mileage = 5

{(2 X $200) + $ 50 + (5 X $ 15)} X .85 = $386.75

Example 2: Type 2, Service Area 1, Channel Mileage = 10, Channel Mileage to Collocation = 6

MAXIMUM[{(2 X $200) + $ 50 + (10 X $ 15)}

{$200 + $ 50 + (6 X $15) + $ 12}] =

MAXIMUM ($600 or $352.00) = $600

Example 3: Type 3, Service Area 1, Channel Mileage = 10, Channel Mileage to Collocation #1 = 4, Channel Mileage to Collocation #2 = 2

MAXIMUM[{(2 X $200) + $ 50 + (10 X $ 15)}

{(2 X $200) + {$ 50 + (4 X $ 15) + $50 + (2 X $ 15)} + (2 X $12)} X 1.45] =

MAXIMUM ($600 or $890.30) = $890.30

Example 4: Type 4, Service Area 1, Channel Mileage = 10, Channel Mileage to Collocation #1 = 4, Channel Mileage to Collocation #2 = 2

{(2 X $200) + {$ 50 + (4 X $ 15) + $50 + (2 X $ 15)} + (2 X $12)} X 1.45] = $890.30

b. Channelized: The following definitions will apply for the calculations in this section only:

ILEC rate = {(2 X Channel Terminations) + Channel Mileage}

Offnet rate = {(1 X Channel Termination) + Channel Mileage to Collocation + Cross Connect}

Multiplexing Rate = {2 X Multiplexing Charge}

Monthly recurring charges for Channelized products are as follows:

Type 1: {S (ILEC rate + Multiplexing rate)} X .85

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Type 2: MAXIMUM [(ILEC rate) or (Offnet rate)] +

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(Multiplexing rate)

Type 3: MAXIMUM [(ILEC rate) or {S (Location-specific Offnet rate) * MF}] + (Multiplexing rate)

Type 4: {S (Location-specific Offnet rate) * MF} + Multiplexing rate

Ejemplos:

Channel Termination=$200

Channel Mileage (fixed)=50

Channel Mileage (per mile)=15

Cross Connect=12

Multiplexing Charge=150

Example 1: Type 1, Channel Mileage = 5

[(2 X $200) + $50 + (5 X $15) + (2 X $150)] X .85 = $701.25

Example 2: Type 2, Service Area 2, Channel Mileage = 10, Channel Mileage to Collocation = 6

MAXIMUM [{((2 X $200) + $50 + (10 X $15))}

{$200 + $50 + (6 X $15) + $12}] + {(2 X $150)} =

MAXIMUM ($600 or $352.00) + $300 = $900

Example 3: Type 3, Service Area 2, Channel Mileage = 10, Channel Mileage to Collocation #1 = 4, Channel Mileage to Collocation #2 = 2

MAXIMUM [{((2 X $200) + $50 + (10 X $15))}

{(2 X $200) {$50 + (4 X $15) + $50 + (2 X $15)} + (2 X $12)} X 1.45] + {(2 X $150)} =

MAXIMUM ($600 or $890.30) + $300 = $1,190.30

Example 4: Type 4, Service Area 2, Channel Mileage = 10, Channel Mileage to Collocation #1 = 4, Channel Mileage to Collocation #2 = 2

[{(2 X $200) + {$50 + (4 X $15) + $50 + (2 X $15)} + (2 X $12)} X 1.45] + (2 X $150) = $1,190.30

1.2 Multi-Point Products The following

Z

provisions apply to Voice Grade Service, Digital Data Service, High Capacity Service (DS-1) and Very High Capacity Service (DS-3) provided on a Multi-Point Service basis.

a. Hubbed Service: Hubbed Service is the concentration of lower bandwidth circuits onto a higher bandwidth circuit using multiplexing functionality located within the Company's network. Hubbed Service consists of a Host connection and multiple Endlink connections. The Host connection represents the higher bandwidth circuit between the customer's primary premises and the Company's location where multiplexing functionality is performed. The Endlink represents the individual lower bandwidth circuits between the Company's location where multiplexing functionality is performed and a customer's secondary designated premises.

DS3 Hubbed Service consists of a DS3 Host connection and a maximum of 28 DS1 Endlink connections. DS1 Hubbed Service consists of a DS1 Host connection and a maximum of 24 DS0 Endlink connections.

The following definitions will apply for the calculations in this section only:

Host: a primary or aggregation center

ILEC rate = {(1 X Channel Terminations) + Channel Mileage}

Offnet rate = {(1 X Channel Termination) + Channel Mileage to Collocation + Cross Connect}

Multiplexing Rate = (Multiplexing Charge)

Endlink: a remote or secondary premises location

ILEC rate = {(1 X Channel Termination) + Channel Mileage}

Offnet rate = {(1 X Channel Termination) + Channel Mileage to Collocation + Cross Connect}

Monthly host and endlink recurring charges for Hubbed Service products are as follows:

Host:

Type 1: {S (ILEC rate + Multiplexing rate)} X .85

Type 2: MAXIMUM [(ILEC rate) or (Offnet rate)] + (Multiplexing rate)

Type 4: S (ILEC rate x MF) + Multiplexing rate

Endlink:

Type 1: ILEC rate X .85

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Type 2: Maximum [(ILEC rate) or (offnet rate)]

Type 4: ILEC rate X MF

Ejemplos:

Example 1: Type 1 Host, Channel Mileage = 0

Channel Termination=$150

Channel Mileage (fixed)=0

Channel Mileage (per mile)=0

Multiplexing Charge=185

{(1 X $150) + $0 + $185} X .85 = $284.75

Example 2: Type 2 Host, Service Area 3, Channel Mileage = 0, Channel Mileage to Collocation = 6

Channel Termination=$135

Channel Mileage (fixed)=53

Channel Mileage (per mile)=10

Multiplexing Charge=250

Cross Connect=8

MAXIMUM [{(1 X $135)

{(1 X $135) + $53 + (6 X $10) + $8}] + ($250) =

MAXIMUM ($135 or $256.00) + $250 = $506.00

Example 3: Type 1 Endlink, Channel Mileage = 6

Channel Termination=$114

Channel Mileage (fixed)=42

Channel Mileage (per mile)=4

{(1 X $114) + $42 + (6 X $4)} X .85 = $153

Example 4: Type 2 Endlink, Service Area 3, Channel Mileage = 18, Channel Mileage to Collocation = 7

Channel Termination=$75

Channel Mileage (fixed)=6

Channel Mileage (per mile)=5

Cross Connect=0

MAXIMUM [{(1 X $75) + $6 + (18 X $5)}

{(1 X $75) + $6 + (7 X $5) + $0}] =

MAXIMUM ($171 or $116.00) = $171

Example 5: Type 4 Host, Service Area 3

Channel Termination=$150

Multiplexing Charge=185

[(1 X $150) X 1.45} + $185] = $402.50

Example 6: Type 4 Endlink, Service Area 3, Channel Mileage = 6

Channel Termination=$114

Channel Mileage (fixed)=42

Channel Mileage (per mile)=4

{(1 X $114) + $42 + (6 X $4)} X 1.45 = $261

b. Muxed Service: Muxed Service is the concentration of lower bandwidth circuits onto a higher bandwidth circuit using multiplexing functionality located at or near a customer's designated premises. Muxed Service consists of a Host connection and multiple Endlink connections. The Host connection represents the multiplexing functionality performed at or near a customer's primary premises. The Endlink represents the individual lower bandwidth circuits between the customer's primary premises where multiplexing functionality is performed and a customer's secondary designated premises.

DS3 Muxed Service consists of a DS3 Host connection and a maximum of 28 DS1 Endlink connections. DS1 Muxed Service consists of a DS1 Host connection and a maximum of 24 DS0 Endlink connections.

The following definitions will apply for the calculations in this section only:

Host: a primary or aggregation center

ILEC rate = Multiplexing Charge

Offnet rate = Multiplexing Charge

Endlink: a remote or secondary premises location

ILEC rate = {(2 X Channel Termination) + Channel Mileage}

Offnet rate = {(1 X Channel Termination) + Channel Mileage to Collocation + Cross Connect}

Monthly host and endlink recurring charges for Hubbed Service products are as follows:

Type 1: ILEC rate X .8

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5

Type 2: MAXIMUM [(ILEC rate) or (Offnet rate)]

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Type 3: MAXIMUM [(ILEC rate) or {S (Location-specific Offnet rate) * MF}]

Ejemplos:

Multiplexing Charge=$185

Example 1: Type 1, Host

$185 X .85 = $157.25

Example 2: Type 2, Host

$185 = $185

Example 3: Type 3, Host

$185 = $185

Example 4: Type 1, Endlink, Channel Mileage = 6

Channel Termination=$115

Channel Mileage (fixed)=42

Channel Mileage (per mile)=4

{(2 X $115) + $42 + (6 X $4)} = $296

Example 5: Type 2, Service Area 4, Endlink, Channel Mileage = 10, Mileage to Collocation = 6

Channel Termination=$200

Channel Mileage (fixed)=50

Channel Mileage (per mile)=15

Cross Connect=12

MAXIMUM [{(2 X $200) + $50 + (10 X $15)}

{(1 X $200) + $50 + (6 X $15) + $12}] =

MAXIMUM ($600 or $352.00) = $600

Example 6: Type 3, Service Area 4, Endlink, Channel Mileage = 10, Channel Mileage to Collocation #1 = 4, Channel Mileage to Collocation #2 = 2

Channel Termination=$200

Channel Mileage (fixed)=50

Channel Mileage (per mile)=15

Cross Connect=12

MAXIMUM [{(2 X $200) + $50 + (10 X $15)}

{(2 X $200) + {$50 + (4 X $15)} + {$50 + (2 X $15)} + (2 X $12)} X 1.45] =

MAXIMUM ($600 or $890.50) = $890.30

1.3 Metro Private Line SONET Service: Customers will be charged the following monthly recurring charges, based on service type and Metro Private Line Access Service Term Plan term of service.

Channel Termination and Channel Mileage - Fixed monthly recurring charges apply per circuit. Channel Mileage - Per Mile charges apply per-mile per circuit. Premises Connection charges apply per connection per Customer Premises. Hub Connection charges apply per Hub. Interface charges apply per (i) channel termination for Point to Point Service and (ii) Hub Connection and Premises Connection for Multi-Point Service.

For purposes of this section, the following definitions apply:

Hub Connection is Hubbed Service (as described in section 4.13.1.B.10) for Metro Private Line SONET Service Multi-Point Service which connects a Customers Premises to locations other than via than Metro Private Line SONET Multi-Point Service Premises Connections.

Interface is the connection of Metro Private Line SONET Multi-Point Service to a Customer Premises or Hub. Interface is provided on: a digital signal basis at speeds of 1.544 Mbps (DS-1) and 44.736 Mbps (DS-3); and an optical signal (SONET) basis at speeds of 51.84 Mbps

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(STS-1), 155.52 Mbps (OC3 and OC3c) and 622.08 Mbps (OC12 and OC12c).

Premises Connection is a Metro Private Line SONET Multi-Point Service connection on the Company's network.

For purposes of this section, Metro Private Line SONET Service Service Areas are defined as follows:

Service Area States

1 Illinois, Indiana, Michigan and Ohio

2 Connecticut, Massachusetts, Maine, New Hampshire, New York and Rhode Island

3 Delaware, District of Columbia, Maryland, Pennsylvania and New Jersey

4 Florida, Georgia, Mississippi, Tennessee

5 California and Nevada

6 Arkansas, Kansas, Oklahoma, Missouri and Texas

7 Arizona, Colorado, Minnesota, New Mexico, Oregon, Utah and Washington

a. Point to Point: Customers will be charged the following monthly recurring charges for Metro Private Line SONET Service provided on a Point to Point Service basis, based on Service Area, service type, and Metro Private Line Access Service Term Plan term of service.

The following rates for Service Areas 1 - 7 apply for Type 1 Service only.

No

Service Area 1:

Charge Type / Term of Service (Years) /

Service Type Monthly Recurring Charge

1 2 3 4 5

Channel Termination

OC3 $2,192 $2,192 $1,618 $1,618 $1,306

OC3c 2,192 2,192 1,618 1,618 1,306

OC12 5,535 5,535 4,078 4,078 3,308

OC12c 5,535 5,535 4,078 4,078 3,308

OC48 12,659 12,659 9,250 9,250 7,610

Channel Mileage - Fixed

OC3 $1,080 $1,080 $ 800 $ 800 $ 640

OC3c 1,080 1,080 800 800 640

OC12 2,826 2,826 2,096 2,096 1,676

OC12c 2,826 2,826 2,096 2,096 1,676

OC48 5,652 5,652 4,192 4,192 3,352

Channel Mileage - Per Mile

OC3 $ 297 $ 297 $ 208 $ 208 $ 176

OC3c 297 297 208 208 176

OC12 297 297 208 208 176

OC12c 297 297 208 208 176

OC48 297 297 208 208 176

Interface

DS1 $ 57 $ 57 $ 39 $ 39 $ 35

DS3 83 83 59 59 55

STS-1 83 83 59 59 55

OC3 14 14 10 10 8

OC3c 14 14 10 10 8

OC12 14 14 10 10 8

OC12c 14 14 10 10 8

Service Area 2:

Charge Type / Term of Service (Years) /

Service Type Monthly Recurring Charge

1 2 3 4 5

Channel Termination

OC3 $3,282 $3,282 $2,920 $2,920 $1,796

OC3c 3,282 3,282 2,920 2,920 1,796

OC12 6,421 6,421 5,717 5,717 3,678

OC12c 6,421 6,421 5,717 5,717 3,678

OC48 18,780 18,780 16,732 16,732 9,084

Channel Mileage - Fixed

OC3 $2,005 $2,005 $1,782 $1,782 $1,032

OC3c 2,005 2,005 1,782 1,782 1,032

OC12 3,549 3,549 3,154 3,154 1,790

OC12c 3,549 3,549 3,154 3,154 1,790

OC48 9,592 9,592 8,526 8,526 3,410

Channel Mileage - Per Mile

OC3 $ 288 $ 288 $ 256 $ 256 $ 170

OC3c 288 288 256 256 170

OC12 575 575 511 511 273

OC12c 575 575 511 511 273

OC48 1,151 1,151 1,023 1,023 511

Interface

DS1 $ 21 $ 21 $ 18 $ 18 $ 18

DS3 5 5 4 4 3

STS-1 5 5 4 4 3

OC3 14 14 10 10 8

OC3c 14 14 10 10 8

OC12 14 14 10 10 8

OC12c 14 14 10 10 8

Service Area 3:

Charge Type / Term of Service (Years) /

Service Type Monthly Recurring Charge

1 2 3 4 5

Channel Termination

OC3 $3,282 $3,282 $2,920 $2,920 $1,796

OC3c 3,282 3,282 2,920 2,920 1,796

OC12 6,421 6,421 5,717 5,717 3,678

OC12c 6,421 6,421 5,717 5,717 3,678

OC48 18,780 18,780 16,732 16,732 9,084

Channel Mileage - Fixed

OC3 $2,005 $2,005 $1,782 $1,782 $1,032

OC3c 2,005 2,005 1,782 1,782 1,032

OC12 3,549 3,549 3,154 3,154 1,790

OC12c 3,549 3,549 3,154 3,154 1,790

OC48 9,592 9,592 8,526 8,526 3,410

Channel Mileage - Per Mile

OC3 $ 288 $ 288 $ 256 $ 256 $ 170

OC3c 288 288 256 256 170

OC12 575 575 511 511 273

OC12c 575 575 511 511 273

OC48 1,151 1,151 1,023 1,023 511

Interface

DS1 $ 21 $ 21 $ 18 $ 18 $ 18

DS3 5 5 4 4 3

STS-1 5 5 4 4 3

OC3 14 14 10 10 8

OC3c 14 14 10 10 8

OC12 14 14 10 10 8

OC12c 14 14 10 10 8

Service Area 4:

Charge Type / Term of Service (Years) /

Service Type Monthly Recurring Charge

1 2 3 4 5

Channel Termination

OC3 $2,012 $2,012 $1,788 $1,619 $1,619

OC3c 2,012 2,012 1,788 1,619 1,619

OC12 4,036 4,036 3,587 3,251 3,251

OC12c 4,036 4,036 3,587 3,251 3,251

OC48 9,648 9,648 8,576 7,835 7,835

Channel Mileage - Fixed

OC3 $ 833 $ 833 $ 741 $ 674 $ 674

OC3c 833 833 741 674 674

OC12 1,749 1,749 1,554 1,411 1,411

OC12c 1,749 1,749 1,554 1,411 1,411

OC48 3,718 3,718 3,305 3,031 3,031

Channel Mileage - Per Mile

OC3 $ 108 $ 108 $ 96 $ 70 $ 70

OC3c 108 108 96 70 70

OC12 122 122 109 90 90

OC12c 122 122 109 90 90

OC48 122 122 109 90 90

Interface

DS1 $ 30 $ 30 $ 26 $ 21 $ 21

DS3 31 31 27 27 27

STS-1 107 107 95 83 83

OC3 14 14 12 8 8

OC3c 14 14 12 8 8

OC12 14 14 12 8 8

OC12c 14 14 12 8 8

Service Area 5:

Charge Type / Term of Service (Years) /

Service Type Monthly Recurring Charge

1 2 3 4 5

Channel Termination

OC3 $3,642 $3,642 $3,210 $3,210 $2,616

OC3c 3,642 3,642 3,210 3,210 2,616

OC12 4,442 4,442 3,838 3,838 3,204

OC12c 4,442 4,442 3,838 3,838 3,204

OC48 10,229 10,229 8,654 8,654 7,536

Channel Mileage - Fixed

OC3 $1,845 $1,845 $1,640 $1,640 $1,400

OC3c 1,845 1,845 1,640 1,640 1,400

OC12 2,070 2,070 1,840 1,840 1,600

OC12c 2,070 2,070 1,840 1,840 1,600

OC48 4,725 4,725 4,200 4,200 3,520

Channel Mileage - Per Mile

OC3 $ 108 $ 108 $ 96 $ 96 $ 96

OC3c 108 108 96 96 96

OC12 225 225 200 200 200

OC12c 225 225 200 200 200

OC48 450 450 400 400 400

Interface

DS1 $ 67 $ 67 $ 44 $ 44 $ 33

DS3 95 95 65 65 19

STS-1 95 95 65 65 19

OC3 14 14 10 10 8

OC3c 14 14 10 10 8

OC12 14 14 10 10 8

OC12c 14 14 10 10 8

Service Area 6:

Charge Type / Term of Service (Years) /

Service Type Monthly Recurring Charge

1 2 3 4 5

Channel Termination

OC3 $2,192 $2,192 $1,618 $1,618 $1,306

OC3c 2,192 2,192 1,618 1,618 1,306

OC12 5,535 5,535 4,078 4,078 3,308

OC12c 5,535 5,535 4,078 4,078 3,308

OC48 12,332 12,332 9,016 9,016 7,417

Channel Mileage - Fixed

OC3 $1,080 $1,080 $ 800 $ 800 $ 640

OC3c 1,080 1,080 800 800 640

OC12 2,826 2,826 2,096 2,096 1,676

OC12c 2,826 2,826 2,096 2,096 1,676

OC48 5,652 5,652 4,192 4,192 3,352

Channel Mileage - Per Mile

OC3 $ 297 $ 297 $ 208 $ 208 $ 176

OC3c 297 297 208 208 176

OC12 297 297 208 208 176

OC12c 297 297 208 208 176

OC48 297 297 208 208 176

Interface

DS1 $ 57 $ 57 $ 39 $ 39 $ 35

DS3 83 83 59 59 55

STS-1 83 83 59 59 55

OC3 14 14 10 10 8

OC3c 14 14 10 10 8

OC12 14 14 10 10 8

OC12c 14 14 10 10 8

Service Area 7:

Charge Type / Term of Service (Years) /

Service Type Monthly Recurring Charge

1 2 3 4 5

Channel Termination

OC3 $2,781 $2,781 $2,232 $2,232 $1,992

OC3c 2,781 2,781 2,232 2,232 1,992

OC12 6,656 6,656 5,195 5,195 4,500

OC12c 6,656 6,656 5,195 5,195 4,500

OC48 16,308 16,308 13,082 13,082 11,760

Channel Mileage - Fixed

OC3 $1,575 $1,575 $1,260 $1,260 $1,120

OC3c 1,575 1,575 1,260 1,260 1,120

OC12 3,321 3,321 2,550 2,550 2,168

OC12c 3,321 3,321 2,550 2,550 2,168

OC48 6,408 6,408 5,069 5,069 4,512

Channel Mileage - Per Mile

OC3 $ 135 $ 135 $ 108 $ 108 $ 96

OC3c 135 135 108 108 96

OC12 135 135 108 108 96

OC12c 135 135 108 108 96

OC48 135 135 108 108 96

Interface

DS1 $ 93 $ 93 $ 74 $ 74 $ 66

DS3 63 63 48 48 40

STS-1 68 68 48 48 40

OC3 14 14 10 10 8

OC3c 14 14 10 10 8

OC12 14 14 10 10 8

OC12c 14 14 10 10 8

The following formula applies for Type 2 Service only.

MAXIMUM [(Type 1 Metro Private Line SONET Point to Point Service) or (Offnet rate + Onnet Cost Component X 1.25)]

where the Onnet Cost Component =

$3,368.80 for OC12 and OC12c; and

$ 842.20 for OC3 and OC3c.

The following formula applies for Type 3 Service only.

MAXIMUM [(Type 1 Metro Private Line SONET Point to Point Service) or {S(Offnet rate + Onnet Cost Component X 1.25)}]

where the Onnet Cost Component =

$3,368.80 for OC12 and OC12c; and

$ 842.20 for OC3 and OC3c.

b. Multi-Point: Customers will be charged the following monthly recurring charges for Metro Private Line SONET Service provided on a Multi-Point Service basis, based on Service Area, service type, and Metro Private Line Access Service Term Plan term of service.

The following rates for Service Areas 1 - 7 apply for

No

Type 1 Service only.

No

Service Area 1:

Charge Type/ Term of Service/ Monthly Recurring Charge

ServiceType 3 Year 4 Year 5 Year

Premises Connection

OC3 $ 2,711 $ 2,711 $ 2,222

OC6 3,796 3,796 3,111

OC12 4,865 4,865 3,963

OC24 6,811 6,811 5,548

OC48 8,619 8,619 7,062

OC96 15,084 15,084 12,359

Hub Connection

OC3 $ 510 $ 510 $ 420

OC6 715 715 588

OC12 1,490 1,490 1,238

OC24 2,085 2,085 1,733

OC48 4,798 4,798 4,048

OC96 8,397 8,397 7,084

Interface

DS1 Premises Connection $ 39 $ 39 $ 35

DS1 Hub Connection 39 39 35 DS3 Premises Connection 59 59 55 DS3 Hub Connection 59 59 55 STS-1 Premises Connection 59 59 55 OC3 Premises Connection 10 10 8

OC3 Hub Connection 10 10 8

OC3c Premises Connection 10 10 8

OC3c Hub Connection 10 10 8

OC12 Premises Connection 10 10 8

OC12 Hub Connection 10 10 8

OC12c Premises Connection 10 10 8

OC12c Hub Connection 10 10 8

Service Area 2:

Charge Type/ Term of Service/ Monthly Recurring Charge

Service Type 3 Year 4 Year 5 Year

Premises Connection

OC3 $ 3,631 $ 3,631 $ 2,266

OC6 5,810 5,810 3,626

OC12 6,992 6,992 4,098

OC24 11,187 11,187 6,557

OC48 17,745 17,745 8,803

OC96 31,054 31,054 15,405

Hub Connection

OC3 $ 1,138 $ 1,138 $ 764

OC6 1,820 1,820 1,222

OC12 2,563 2,563 1,887

OC24 4,100 4,100 3,020

OC48 8,206 8,206 5,673

OC96 14,360 14,360 9,928

Interface

DS1 Premises Connection $ 18 $ 18 $ 18

DS1 Hub Connection 18 18 18

DS3 Premises Connection 4 4 3

DS3 Hub Connection 4 4 3

STS-1 Premises Connection 4 4 3

OC3 Premises Connection 10 10 8

OC3 Hub Connection 10 10 8

OC3c Premises Connection 10 10 8

OC3c Hub Connection 10 10 8

OC12 Premises Connection 10 10 8

OC12 Hub Connection 10 10 8

OC12c Premises Connection 10 10 8

OC12c Hub Connection 10 10 8

Service Area 3:

Charge Type/ Term of Service/ Monthly Recurring Charge

Service Type 3 Year 4 Year 5 Year

Premises Connection

OC3 $ 3,631 $ 3,631 $ 2,266

OC6 5,810 5,810 3,626

OC12 6,992 6,992 4,098

OC24 11,187 11,187 6,557

OC48 17,745 17,745 8,803

OC96 31,054 31,054 15,405

Hub Connection

OC3 $ 1,138 $ 1,138 $ 764

OC6 1,820 1,820 1,222

OC12 2,563 2,563 1,887

OC24 4,100 4,100 3,020

OC48 8,206 8,206 5,673

OC96 14,360 14,360 9,928

Interface

DS1 Premises Connection $ 18 $ 18 $ 18

DS1 Hub Connection 18 18 18

DS3 Premises Connection 4 4 3

DS3 Hub Connection 4 4 3

STS-1 Premises Connection 4 4 3

OC3 Premises Connection 10 10 8

OC3 Hub Connection 10 10 8

OC3c Premises Connection 10 10 8

OC3c Hub Connection 10 10 8

OC12 Premises Connection 10 10 8

OC12 Hub Connection 10 10 8

OC12c Premises Connection 10 10 8

OC12c Hub Connection 10 10 8

Service Area 4:

Charge Type/ Term of Service/ Monthly Recurring Charge

Service Type 3 Year 4 Year 5 Year

Premises Connection

OC3 $ 1,850 $ 1,591 $ 1,591

OC6 2,775 2,387 2,387

OC12 3,170 2,827 2,827

OC24 4,756 4,241 4,241

OC48 6,540 5,929 5,929

OC96 11,445 10,376 10,376

Hub Connection

OC3 $ 480 $ 436 $ 436

OC6 720 654 654

OC12 1,209 1,096 1,096

OC24 1,813 1,644 1,644

OC48 3,572 3,250 3,250

OC96 6,251 5,688 5,688

Interface

DS1 Premises Connection $ 26 $ 21 $ 21

DS1 Hub Connection 26 21 21

DS3 Premises Connection 27 27 27

DS3 Hub Connection 27 27 27

STS-1 Premises Connection 95 83 83

OC3 Premises Connection 12 8 8

OC3 Hub Connection 12 8 8

OC3c Premises Connection 12 8 8

OC3c Hub Connection 12 8 8

OC12 Premises Connection 12 8 8

OC12 Hub Connection 12 8 8

OC12c Premises Connection 12 8 8

OC12c Hub Connection 12 8 8

Service Area 5:

Charge Type/ Term of Service/ Monthly Recurring Charge

Service Type 3 Year 4 Year 5 Year

Premises Connection

OC3 $ 3,630 $ 3,630 $ 3,086

OC6 4,174 4,174 3,549

OC12 4,778 4,778 4,194

OC24 5,495 5,495 4,823

OC48 10,404 10,404 9,436

OC96 18,206 18,206 16,513

Hub Connection

OC3 $ 859 $ 859 $ 732

OC6 988 988 842

OC12 1,477 1,477 1,268

OC24 1,698 1,698 1,458

OC48 4,647 4,647 3,912

OC96 8,133 8,133 6,846

Interface

DS1 Premises Connection $ 44 $ 44 $ 33

DS1 Hub Connection 44 44 33

DS3 Premises Connection 65 65 19

DS3 Hub Connection 65 65 19

STS-1 Premises Connection 65 65 19

OC3 Premises Connection 10 10 8

OC3 Hub Connection 10 10 8

OC3c Premises Connection 10 10 8

OC3c Hub Connection 10 10 8

OC12 Premises Connection 10 10 8

OC12 Hub Connection 10 10 8

OC12c Premises Connection 10 10 8

OC12c Hub Connection 10 10 8

Service Area 6:

Charge Type/ Term of Service/ Monthly Recurring Charge

Service Type 3 Year 4 Year 5 Year

Premises Connection

OC3 $ 2,711 $ 2,711 $ 2,222

OC6 3,796 3,796 3,111

OC12 4,865 4,865 3,963

OC24 6,811 6,811 5,548

OC48 8,385 8,385 6,869

OC96 14,674 14,674 12,021

Hub Connection

OC3 $ 510 $ 510 $ 420

OC6 715 715 588

OC12 1,490 1,490 1,238

OC24 2,085 2,085 1,733

OC48 4,564 4,564 3,855

OC96 7,988 7,988 6,746

Interface

DS1 Premises Connection $ 39 $ 39 $ 35

DS1 Hub Connection 39 39 35

DS3 Premises Connection 59 59 55

DS3 Hub Connection 59 59 55

STS-1 Premises Connection 59 59 55

OC3 Premises Connection 10 10 8

OC3 Hub Connection 10 10 8

OC3c Premises Connection 10 10 8

OC3c Hub Connection 10 10 8

OC12 Premises Connection 10 10 8

OC12 Hub Connection 10 10 8

OC12c Premises Connection 10 10 8

OC12c Hub Connection 10 10 8

Service Area 7:

Charge Type/ Term of Service/ Monthly Recurring Charge

Service Type 3 Year 4 Year 5 Year

Premises Connection

OC3 $ 2,286 $ 2,286 $ 2,036

OC6 4,001 4,001 3,563

OC12 4,413 4,413 3,814

OC24 7,722 7,722 6,675

OC48 9,615 9,615 8,616

OC96 16,827 16,827 15,078

Hub Connection

OC3 $ 972 $ 972 $ 872

OC6 1,702 1,702 1,526

OC12 2,645 2,645 2,332

OC24 4,628 4,628 4,081

OC48 8,013 8,013 7,248

OC96 14,022 14,022 12,684

Interface

DS1 Premises Connection $ 74 $ 74 $ 66

DS1 Hub Connection 74 74 66

DS3 Premises Connection 48 48 40

DS3 Hub Connection 48 48 40

STS‑1 Premises Connection 48 48 40

OC3 Premises Connection 10 10 8

OC3 Hub Connection 10 10 8

OC3c Premises Connection 10 10 8

OC3c Hub Connection 10 10 8

OC12 Premises Connection 10 10 8

OC12 Hub Connection 10 10 8

OC12c Premises Connection 10 10 8

OC12c Hub Connection 10 10 8

2. Non-Recurring Charges

2.1 Point-to-Point Products: The following

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non‑recurring installation charges apply to Voice Grade Service, Digital Data Service, High Capacity Service (DS-1) and Very High Capacity Service (DS-3) provided on a Point to Point Service basis, based on network configuration type.

Type 1:

DS0 $225

DS1 250

DS3 300

Type 2 and Type 3:

DSO: ILEC Non-Recurring Charge plus $225

DS1: ILEC Non-Recurring Charge plus $250

DS3: ILEC Non-Recurring Charge plus $300

2.2 Multi-Point Products: The following

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non-recurring installation charges apply to Voice Grade Service, Digital Data Service, High Capacity Service (DS-1) and Very High Capacity Service (DS-3) provided on a Multi-Point Service basis, based on network configuration type.

Endlink Locations:

Type 1:

DS0$225

DS1250

DS3300

Type 2 and Type 3:

DSO: ILEC Non-Recurring Charge plus $225

DS1: ILEC Non-Recurring Charge plus $250

DS3: ILEC Non-Recurring Charge plus $300

Host Locations:

DSO: ILEC Non-Recurring Charge plus $225

DS1: ILEC Non-Recurring Charge plus $250

DS3: ILEC Non-Recurring Charge plus $300

2.3 Metro Private Line SONET Service: Customers will be charged the following

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non-recurring installtion charges, based on service type and Metro Private Line Access Service Term Plan term of service.

The First Circuit Channel Termination Non-Recurring Charge charge will apply to the first Metro Private Line Access Service circuit installed at a Customer Premises; the Additional Circuit charge will apply to each additional Metro Private Line Access Service circuit installed thereafter at that Customer Premises. The First Interface Non-Recurring Charge charge will apply to a customer's first interface installed at a Company Hub or Customer Premises; the Additional Interface charge will apply to each of the customer's interfaces installed thereafter at that Company Hub or Customer Premises.

a. Point to Point: The following per-

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circuit non-recurring installation charges apply to Metro Private Line SONET Service provided on a Point to Point Service basis, based on service type.

1. Channel Termination

Non-Recurring Charge:

Service Type Charge

OC3 $500.00

OC3c 500.00

OC12 500.00

OC12c 500.00

OC48 500.00

2. Interface Non-Recurring Charge:

Service Type Each Interface

DS1 $50.00

DS3 75.00

STS-1 100.00

OC3 100.00

OC3c 100.00

OC12 100.00

OC12c 100.00

c. Multi-Point: The following non‑recurring charges apply to Metro Private Line SONET Service provided on a Multi-Point Service basis, based on service type.

1. Premises Connection and Hub Connection Non‑Recurring Charges: The following

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non‑recurring installation charges apply per Premises Connection and Hub Connection:

Service Type Each Interface

OC3 $500.00

OC6 500.00

OC12 500.00

OC48 500.00

OC96 500.00

2. Interface Non‑Recurring Charges: The following

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non‑recurring installation charges apply per-Interface:

Service Type Each Interface

DS1 $50.00

DS3 75.00

STS-1 100.00

OC3 100.00

OC3c 100.00

OC12 100.00

OC12c 100.00

2.4 Incidental Non-Recurring Charges:

The incidental non‑recurring charges set forth in this Section apply to Digital Data Service (DS‑0), High Capacity

No

Service (DS‑1), Metro Private Line SONET Service (SONET), Very High Capacity

No

Service (DS‑3) and Voice Grade Service.

a. Definitions: For purposes of Metro Private Line Access Service, the following definitions apply:

Administrative Change: The modification of an existing circuit, at the request of the customer, that involves changes to customer name, customer contact name, customer phone number, verification of testing performed by parties other than the Company, service rearrangements not involving a physical change and/or any other administrative change not covered by a Billing Record Change.

Billing Record Change: A Change in

No

customer billing address not

No

involving physical retermination of

No

the circuit.

Cancellation of Order: A (i) customer-initiated request to discontinue processing a service order, either in part or in its entirety, prior

C/D

to its completion, excluding requests resulting from the Companys determination of the unavailabilty of facilities to complete the order and/or (ii) discontinuance by the Company of processing a service order resulting from a customer request to defer installation for a period longer than 30 days. Cancellation of order charges will not apply to circuits for which the customer reinstates the same service order within 30 days of requesting discontinue processing the order. Cancellation of order charges will be assessed per cancelled circuit per order.

Expedite: A service order that is processed, at the request of the customer, in a time period shorter than the Company's standard service interval.

Pending Order Change: The modification of a service order, at the request of the customer, prior to the completion date of the order. Charges will apply per order and per circuit for each modification.

Physical Change: The modification of an existing circuit, at the request of the customer, requiring physical change or

No

retermination of the circuit.

For access Types 1, 2 and 3 circuits, the Physical Change Charge will apply. In addition, for access Types 2 and 3 circuits, the Company will pass-through non-recurring charges imposed by the ILEC.

For access Type 4 and SONET circuits only, physical change will constitute circuit discontinuance and installation for which standard tariffed discontinuance and installation charges will apply.

Service Date Change: The modification of a service order, at the request of the customer, to request a new order due date that is within 30 days of the original due date. Charges will apply for each occurrence in addition to other applicable Incidental Non-Recurring Charges.

b. Incidental Non-Recurring Charges:

Charge Type Per-Circuit Per-Order

Administrative Change $ 0 $ 50

Billing Record Change 0 50

Cancelación

DS‑0 100 50

DS‑1 200 50

DS‑3 250 50

SONET 750 100

Expedite

DS‑0 0 600

DS‑1 0 600

DS‑3 0 600

SONET 0 1,000

Pending Order Change

DS-O 100 50

DS-1 200 50

DS-3 250 50

SONET 750 100

Physical Change

DS-O 100 50

DS-1 200 50

DS-3 250 50

SONET 750 100

Service Date Change

DS-O 0 50

DS-1 0 50

DS-3 0 50

SONET 0 100

3. Term Plans: For Customers of Voice Grade Service, Digital Data Service, High Capacity Service (DS-1) and Very High Capacity Service (DS-3) who enroll in term plans of 1, 2, 3, 4, or 5 years, the charge is determined by reference to the charge resulting from the application of the prevailing term plan discount schedule of the ILEC.

Customers of Point-to-Point Metro Private Line SONET must commit to service for a term of one, two, three, four, or five years. The charge is determined by the term of service, charge type and service type. Customers of Multi-Point Metro Private Line SONET must commit to service for a term of three, four, or five years. The charge is determined by the term of service, charge type and service type.

3.1 Cancellation or Discontinuance

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Without Liability: A Customer may terminate Type 1 Metro Private Line SONET furnished under a Term Plan prior to the expiration of the Term Plan term of service without termination liability for the terminated service, subject to the following conditions:

All terminated service must have been installed for period which equals or exceeds 12 months;

At the time of the Customer's termination of service under a

T

Term Plan, the Customer must:

enter into a Company term commitment, with a term of service equal to or greater than the term of service of the terminated Term Plan, for provision of Company service between the same points as, and with total bandwidth which equals or exceeds the bandwidth of, the terminated service (New Service); and,

request that New Service be installed no later than 90 days following

T

the Customer's termination of service.

3.2 Cancellation or Discontinuation With Liability: Except as set forth in

T

this section, a Customer who:

terminates all Metro Private Line Access Service, excluding Types 2 and 3 Metro Private Line SONET, furnished under a Term Plan with a one year term of service prior to the expiration of the term of service will be billed and required to pay a charge in an amount equal to all of the monthly recurring charges for the terminated service for each monthly billing period remaining in the term of service at the time of termination;

terminates all Metro Private Line Access Service, excluding Types 2 and 3 Metro Private Line SONET, furnished under a Term Plan with a term of service which exceeds one year prior to the end of the first annual period of the term of service and prior to the expiration of the term of service will be billed and required to pay a charge in an amount equal to all of the monthly recurring charges for the terminated service for each monthly period remaining in the first annual period of the term of service plus 50 percent of the monthly recurring charges for the terminated service for each monthly billing period remaining in the term of service after the first annual period;

terminates all Metro Private Line Access Service, excluding Types 2 and 3 Metro Private Line SONET, furnished under a Term Plan with a term of service which exceeds one year after the first annual period of the term of service and prior to the expiration of the term of service will be billed and required to pay a charge in an amount equal to 50 percent of the monthly recurring charges for each monthly billing period remaining in the term of service; and,

terminates all Types 2 and 3 Metro Private Line SONET furnished under a Term Plan prior to the expiration of the term of service will be billed and required to pay a charge equal to all of the monthly recurring charges for the terminated service for each monthly period remaining in the term of service at the time of termination.

A Customer who terminates some, but not all, portions of:

Type 1 Metro Private Line SONET Service furnished under a Term Plan prior to the expiration of the term of service will be billed and required to pay a charge equal to 25 percent of the monthly recurring charges for the terminated service for each monthly period remaining in the term of service at the time of termination; and,

Types 2 and/or 3 Metro Private Line SONET Service furnished under a Term Plan prior to the expiration of the term of service will be billed and required to pay a charge equal to all of the monthly recurring charges for the terminated service for each monthly period remaining in the term of service at the time of termination.

In lieu of the charges set forth in this Section, the Customer will be billed and required to pay any disconnection, early cancellation or termination charges for Type 2, 3 and 4 Metro Private Line Service, excluding Metro Private Line SONET, reasonably incurred and paid to third parties by Company on behalf of Customer if the amount of such charges exceed the amounts set forth in this Section.

3.3 Optional Term Plans: Customers may subscribe to the following Optional Term Plans.

a. Metro Private Line Competitive Region 5 Discount Plan: Customers

No

who subscribe to Metro Private Line Competitive Region 5 Discount Plan (Plan) prior to December 16, 2000 are subject to the following conditions:

1. Eligible Service: For purposes of this Plan, Eligible Service is defined as point‑to‑point High Capacity Service (DS‑1) Metro Private Line Access Service located in one of the following states: California and Nevada.

2. Term Commitment: A Customer must commit to Eligible Service service for a term of one, two, three, four, or five years.

3. Cancellation or Discontinuance with Liability: Customers who terminate Eligible Service prior to the expiration of the Plan term of service will be billed and required to pay an amount equal to all discounts received under this Plan.

4. Discounts: During each monthly period of the Plan term of service, Customers will receive the following discounts on monthly recurring charges for Eligible Service, in addition to all other discounts for which customer qualifies, based on Plan term of service:

Term of

Service (Years) Descuento

1 5%

2 10

3 15

4 20

5 25

b. Metro Private Line Competitive Region 7 Discount Plan: Customers who subscribe to Metro Private Line Competitive Region 7 Discount Plan (Plan) prior to December 16, 2000 are subject to the following conditions:

1. Eligible Service: For purposes of this Plan, Eligible Service is defined as point-to-point High Capacity Service (DS-1) or Very High Capacity Service (DS-3) Metro Private Line Access Service or point-to-multipoint Very High Capacity Service (DS-3) Metro Private Line Access Service located in one of the following states: Arizona, Colorado, Minnesota, New Mexico, Oregon, Utah and Washington.

2. Term Commitment: A Customer must commit to Eligible Service service for a term of one, two, three, or four years.

Term of Circuit Type/Discount

Service (Years) DS-1 DS-3

1 5% 2%

2 10 5

3 7 7

4 7 7

8.2 Metro Private Line Ethernet Service

I. PRODUCT DESCRIPTION:

Metro Private Line Ethernet Service offers high bandwidth access to Metro Private Line Access Service. Metro Private Line Ethernet Service connects a Customer's resources via a point-to-point, dedicated service that employs Ethernet as a termination solution. Service is available at speeds of 51.840 Mbps (VO1), 155.520 Mpbs (VO3), and 622.080 Mbps (VO12).

Ethernet Service is available in select metropolitan areas at designated Company lit buildings: (1) that are connected to Metro Private Line Access Service via Company facilities; and, (2) in which the Company provides and maintains the necessary Ethernet network equipment. The Customer is responsible for the configuration, operation, and maintenance of its Local Area Network (LAN) which will be connected to Metro Private Line Ethernet Service.

Metro Private Line Ethernet Service is comprised of the following features:

· dedicated access to Metro Private Line Access service via an Ethernet network connection;

· monitoring for Metro Private Line Ethernet Service outages 24 hours per day; and,

· Customer support 24 hours per day.

II. DEFINITIONS: In addition to the General Definitions apply, the Definitions set forth in Section 1 apply.

III. FEATURES AND OPTIONS:

1. Metro Private Line Service Term Plans are available.

IV. RATES AND CHARGES:

1. Non-Recurring Charges: A $600 non-recurring charge applies per channel termination and a $100 non-recurring charge applies per Ethernet Interface.

2. Recurring Charges: Channel Termination, Channel Mileage Fixed charges apply per channel; Channel Mileage ‑ Per Mile charges apply per mile of channel length per channel; and; Ethernet Interface charges apply per circuit. The following monthly recurring charges apply per circuit, based on Service Area, charge type, service type and Term Plan term of service.

Service Area 1:

Charge Type/ Term of Service/Monthly Recurring Charge

Service Type 1 Year 2 Year 3 Year 4 Year 5 Year

Channel Termination

VO1 $1,461 $1,461 $1,079 $1,079 $ 871

VO3 2,192 2,192 1,618 1,618 1,306

VO12 5,535 5,535 4,078 4,078 3,308

Channel Mileage ‑ Fixed

VO1 $ 720 $ 720 $ 533 $ 533 $ 427

VO3 1,080 1,080 800 800 640

VO12 2,826 2,826 2,096 2,096 1,676

Channel Mileage ‑ Per Mile

VO1 $ 297 $ 297 $ 208 $ 208 $ 176

VO3 297 297 208 208 176

VO12 297 297 208 208 176

Interfaz Ethernet $ 14 $ 14 $ 10 $ 10 $ 8

Service Area 2:

Charge Type/ Term of Service/Monthly Recurring Charge

Service Type 1 Year 2 Year 3 Year 4 Year 5 Year

Channel Termination

VO1 $2,188 $2,188 $1,947 $1,947 $1,197

VO3 3,282 3,282 2,920 2,920 1,796

VO12 6,421 6,421 5,717 5,717 3,678

Channel Mileage ‑ Fixed

VO1 $1,337 $1,337 $1,188 $1,188 $ 688

VO3 2,005 2,005 1,782 1,782 1,032

VO12 3,549 3,549 3,154 3,154 1,790

Channel Mileage ‑ Per Mile

VO1 $ 192 $ 192 $ 171 $ 171 $ 113

VO3 288 288 256 256 170

VO12 575 575 511 511 273

Interfaz Ethernet $ 14 $ 14 $ 10 $ 10 $ 8

Service Area 3:

Charge Type/ Term of Service/Monthly Recurring Charge

Service Type 1 Year 2 Year 3 Year 4 Year 5 Year

Channel Termination

VO1 $2,188 $2,188 $1,947 $1,947 $1,197

VO3 3,282 3,282 2,920 2,920 1,796

VO12 6,421 6,421 5,717 5,717 3,678

Channel Mileage ‑ Fixed

VO1 $1,337 $1,337 $1,188 $1,188 $ 688

VO3 2,005 2,005 1,782 1,782 1,032

VO12 3,549 3,549 3,154 3,154 1,790

Channel Mileage ‑ Per Mile

VO1 $ 192 $ 192 $ 171 $ 171 $ 113

VO3 288 288 256 256 170

VO12 575 575 511 511 273

Interfaz Ethernet $ 14 $ 14 $ 10 $ 10 $ 8

Service Area 4:

Charge Type/ Term of Service/Monthly Recurring Charge

Service Type 1 Year 2 Year 3 Year 4 Year 5 Year

Channel Termination

VO1 $1,341 $1,341 $1,192 $1,079 $1,079

VO3 2,012 2,012 1,788 1,619 1,619

VO12 4,036 4,036 3,587 3,251 3,251

Channel Mileage ‑ Fixed

VO1 $ 555 $ 555 $ 494 $ 449 $ 449

VO3 833 833 741 674 674

VO12 1,749 1,749 1,554 1,411 1,411

Channel Mileage ‑ Per Mile

VO1 $ 72 $ 72 $ 64 $ 47 $ 47

VO3 108 108 96 70 70

VO12 122 122 109 90 90

Interfaz Ethernet $ 14 $ 14 $ 12 $ 8 $ 8

Service Area 5:

Charge Type/ Term of Service/Monthly Recurring Charge

Service Type 1 Year 2 Year 3 Year 4 Year 5 Year

Channel Termination

VO1 $2,428 $2,428 $2,140 $2,140 $1,744

VO3 3,642 3,642 3,210 3,210 2,616

VO12 4,442 4,442 3,838 3,838 3,204

Channel Mileage ‑ Fixed

VO1 $1,230 $1,230 $1,093 $1,093 $ 933

VO3 1,845 1,845 1,640 1,640 1,400

VO12 2,070 2,070 1,840 1,840 1,600

Channel Mileage ‑ Per Mile

VO1 $ 72 $ 72 $ 64 $ 64 $ 64

VO3 108 108 96 96 96

VO12 225 225 200 200 200

Interfaz Ethernet $ 14 $ 14 $ 10 $ 10 $ 8

Service Area 6:

Charge Type/ Term of Service/Monthly Recurring Charge

Service Type 1 Year 2 Year 3 Year 4 Year 5 Year

Channel Termination

VO1 $1,461 $1,461 $1,079 $1,079 $871

VO3 2,192 2,192 1,618 1,618 1,306

VO12 5,535 5,535 4,078 4,078 3,308

Channel Mileage ‑ Fixed

VO1 $ 720 $ 720 $ 533 $ 533 $ 427

VO3 1,080 1,080 800 800 640

VO12 2,826 2,826 2,096 2,096 1,676

Channel Mileage ‑ Per Mile

VO1 $ 297 $ 297 $ 208 $ 208 $ 176

VO3 297 297 208 208 176

VO12 297 297 208 208 176

Interfaz Ethernet $ 14 $ 14 $ 10 $ 10 $ 8

Service Area 7:

Charge Type/ Term of Service/Monthly Recurring Charge

Service Type 1 Year 2 Year 3 Year 4 Year 5 Year

Channel Termination

VO1 $1,854 $1,854 $1,488 $1,488 $1,328

VO3 2,781 2,781 2,232 2,232 1,992

VO12 6,656 6,656 5,195 5,195 4,500

Channel Mileage ‑ Fixed

VO1 $1,050 $1,050 $ 840 $ 840 $ 747

VO3 1,575 1,575 1,260 1,260 1,120

VO12 3,321 3,321 2,550 2,550 2,168

Channel Mileage ‑ Per Mile

VO1 $ 135 $ 135 $ 108 $ 108 $ 96

VO3 135 135 108 108 96

VO12 135 135 108 108 96

Interfaz Ethernet $ 14 $ 14 $ 10 $ 10 $ 8

3. FUSF, Administrative Expense Fee y CCRC apply.

V. TERMS AND CONDITIONS: In addition to the General Terms and Conditions, the Rules and Regulations set forth in Section 2 apply.
SECTION 9 - SPECIAL PROMOTIONAL OFFERINGS

From time to time the Company may provide certain special promotional offerings to its Customers. These offerings may be limited to certain dates, times and locations. To be eligible for the benefits of certain special promotional offerings, the Customer must call a Company-provided telephone number and subscribe to each specific promotion no later than the end of the month in which a particular promotion is offered in this tariff or the Customer must be called by the Company before that date and subscribe to the promotion. Any local exchange line used for Company service which is disconnected and then reconnected for the purpose of subscribing to any of the following promotions will not be eligible to receive such promotion. In addition, the Customer will not receive the benefits of any promotion if there is no outbound usage associated with any ANI (and local exchange line) during the first thirty days of service following the Customer's subscription to service. Customers who receive the benefits of a promotion involving services or goods of a third party, which benefits are subject to taxation by any authority, will be responsible for payment of said taxes, other than taxes based on net income, by determining the total tax obligation and developing a single rate for application to all Customers who receive the promotional benefits. The specific rates, terms and conditions applicable to each promotional offering will be described below.

Miscellaneous Promotions Offering Financial Inducements

From time to time, the Company will offer financial inducements to new and/or existing Customers who subscribe to and use new or additional Company service(s) in response to media advertising, direct mail materials, telemarketing programs and/or personal sales presentations, which offer such an inducement. The benefits offered will be provided: (1) by giving the subscriber a credit against a specified Company invoice for usage of the service(s) in question, or other one-time or recurring charges in connection with such service(s) (this may include offers of specified amounts and kinds of free calling on the Company) or, if the Customer is billed for usage of Company service(s) by a local exchange company (LEC), the credit may, if so stated, be applied against any charge for telephone service reflected on the LEC's bill; (2) by issuing to the subscriber a check payable to the subscriber, or to the Company, or to a cooperating LEC (such a check will be drawn on a bank in which the Company has funds on deposit and can be cleared or processed through normal banking

C

channels); (3)by issuing to the subscriber a coupon or

Miscellaneous Promotions Offering Financial Inducements (Continued)

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certificate which can be tendered to the Company, or to a LEC performing billing functions for the Company, in payment of all or a part of a future Company or LEC bill; (4) by issuing to the subscriber one or more coupons, certificates or other instruments which entitle the subscriber to receive or obtain goods or services from third party suppliers who have entered into marketing arrangements with the Company, or directly from the Company itself, or by having such goods or services delivered to the subscriber. Coupons and other devices will specify any restrictions regarding applicable services and dates. Unless otherwise specified, benefits resulting from an arrangement between the Company and a third party participating in any promotional offering will be available only to customers eligible to receive such benefits, based on their relationship with the third party participant, and such benefits further may be limited to customers located in specific areas in which the participating third party does business or otherwise elects to offer them in conjunction with the Company. If for any reason an arrangement between the Company and a third party participating with the Company in any promotional offering is terminated, the Company's obligation to provide benefits resulting from the terminated arrangement will end and the Company shall have no further obligation to customers to provide the promotional benefits. Unless otherwise specified, an individual subscriber may receive more than one of the benefits set forth above by reason of a single response to a promotional offer from the Company, and may receive additional benefits for subscribing to additional Company service(s) in response to later promotional offerings. The

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specific promotions are listed below:

DS-1 and DS-3 Promotion

Offer: The following per-circuit monthly recurring charges for Promotional Service during each monthly period of a customer's term of service, in lieu of all other rates and discounts:

The following per-circuit monthly recurring charges apply for DS-1 service, based on term of service:

Type 1 Type 2

Term of Service

1 Year 2 Year 3 Year 4 Year 5 Year All Terms

$190 $180 $160 $156 $152 $250

The following per-circuit monthly recurring charges apply for Type 1 DS-3 service, based on term of service:

Term of Service

1 Year 2 Year 3 Year 4 Year 5 Year

$2,000 $1,750 $1,600 $1,600 $1,500

The following per-circuit monthly recurring charges apply for Type 2 DS-3 service, based on standard monthly recurring charge, as set forth in Section 8.1 and term of service:

Monthly Recurring Charge 1 Year 2 Year 3 Year

$ 0.01 - $ 6,000 $2,500 $2,250 $2,000

$ 6,000.01 - $ 9,500 4,000 3,750 3,500

$ 9,500.01 - $12,500 6,000 5,800 5,600

Eligibility: A Customer must:

enroll prior to May 31, 2002;

subscribe to new Type B High Capacity Service (DS-1) Very High Capacity Service (DS-3) Metro Private Line Access Service (Promotional Service) used exclusively for dedicated access to Internet service provided by the Company or a Company affiliate under a term of service which equals or exceeds one year; and,

place an order on or before June 30, 2002 for installation of Promotional Service to occur on or before August 31, 2002.

Metro Private Line Installation Waiver Promotion 4

Offer: The Company will waive the Company-billed installation charges for Type 1 New Circuits and provide the following per-circuit credits against installation charges for Type 2 and Type 3 New Circuits, based on circuit type:

Circuit Type Credit

DDS $225

DS-1 250

DS-3 300

Elegibilidad: The Customer must:

enroll prior to March 31, 2002;

subscribe to point-to-point Metro Private Line Access Service Digital Data Service (DDS), High Capacity Service (DS-1) and/or Very High Capacity Service (DS-3) (New Circuits) under a term of service which equals or exceeds one year; and,

request that all New Circuits be installed on a date no later than August 31, 2002.

Other Conditions: Customers who discontinue New Circuit service prior to the expiration of the term of service for that circuit will be billed and required to repay all credits received for that circuit under this promotion.