Voice Services
I. Product Description: An outbound, customized telecommunications service that may include an inbound service option using Business Line/WATS Access or Dedicated Access Line terminations and/or a virtual private network. Service is available for single or multi-location companies using switched, dedicated and card origination and switched and dedicated termination. Service is suitable for interstate calling between company locations, as well as calling to the international locations listed in Table V, Part E.
1. Special Customer Arrangements: Voice Services may not be included in a Special Customer Arrangement (SCA) entered prior to October 15, 1998, unless the Company expressly agrees to amend such SCA to include the Option.
2. Discontinuance of Service: Customers who discontinue Voice Services service will be billed at their contract rates for a period of up to thirty (30) days, after which they will be billed for any service usage at the standard Guide rates applicable to service.
3. Switched Digital Service: Switched Data Service is available.
4. Calculation of Charges:
4.1 Call Rounding: Unless otherwise specified, calls are subject to the following rounding rules, on a per-call basis, for billing purposes:
Call Type Initial Period Additional Increments
Domestic Outbound Service
(except Operator Assisted) 18 seconds 6 seconds
Domestic Outbound Service
Operator Assisted 60 seconds 60 seconds
Outbound Service calls to Mexico and
Atlantic, Pacific, and Indian
Ocean Inmarsat Standard A Service
locations (except Operator
Assisted) 60 seconds 60 seconds
Outbound Service: International to all other
locations (except Operator
Assisted) 30 seconds 6 seconds
Outbound International
Operator Assisted 60 seconds 60 seconds
Domestic (Toll Free) Inbound Service 18 seconds 6 seconds
International (Toll Free) Inbound Service
Feature Option 2 Customers 30 seconds 6 seconds
Feature Option 3B Customers 18 seconds 6 seconds
4.2 Charge Rounding: If the computed charge includes a fraction of a cent, the fraction is rounded to the nearest whole cent.
II. DEFINITIONS: In addition to the General Definitions, the following definitions apply:
Card: Call origination using a Voice Services Card.
Dedicated: A non-switched connection between a Customer Premises and a Company POP.
Local Network Connection: A switched connection between a Customer's Premises and a Company Point of Presence (POP) which is provided by the Company or a Company affiliate.
Switched: A switched connection between a Customer Premises and a Company POP which is not provided by the Company or a Company affiliate.
Standard: Unless otherwise explicitly stated, the term standard, when used in connection with rates and charges, does not refer to charges for MCI Business
Services I.
III. FEATURES AND OPTIONS: Customers receive Base Features. Customers must also subscribe to one or more of the four Feature Options. Customers of each Feature Option receive features for the option chosen, and may elect to receive other features, either on a stand-alone basis or as part of a combined feature package. See Features and Feature Packages.
IV. RATES AND CHARGES:
1. Access
2.1. Inbound and Outbound Service:
2.1.1 MCI Business Services II
2.1.2 MCI Business Services I
2.1.3 On-Net Voice Services
2.2 Switched Digital Service
3. Operator Assisted
4. Features and Feature Packages: See Section III.
5. Optional Calling Plans:
5.1 MCI Business Services II
5.2 MCI Business Services I
5.3 On-Net Voice Services
5.4 On-Net Voice Services Term Plan
6. Other Charges
V. TERMS AND CONDITIONS: In addition to the General Terms and Conditions, for toll-free service (including features), the following apply:
1. At the Customers request, the Company will perform the function of a Resp Org, specifically: (1) searching for, and reserving, toll-free telephone numbers with the toll-free Service Management System (SMS/toll-free); (2) creating and maintaining toll-free telephone number Customer records with the SMS/toll-free; and (3) providing a single-point-of-contact for trouble reporting involving toll-free service.
2. In its capacity as Resp Org, the Company will reserve, assign, activate or change, upon request, toll-free numbers for a Customer or prospective Customer, and will administer toll-free numbers in accordance with the rules of the Federal Communications Commission, customary industry standards and practices, the terms of this Guide, and the effective procedures of the SMS/toll-free. Customers may request the reservation, assignment or activation of toll-free numbers on their own behalf, or a Customer which resells toll-free services may make such requests on behalf of its customers. A Customer who resells toll-free services must provide to any of its customers or prospective customers, upon reasonable request, information concerning the status of a particular toll-free number(s) in which the customer or prospective customer has an interest and, if applicable, the identity of the Resp Org(s) for the toll-free number(s). When a resale Customer decides (or learns of its customers decision) not to utilize the reserved, assigned or activated toll-free number, the Customer must notify the Company within forty-eight hours so that the Company can release the toll-free number into the pool of numbers available for assignment in accordance with industry standards and practices.
3. With respect to any claim that arises out of the Companys acting as a Resp Org or relates to the Companys provision of toll-free service, including without limitation where toll-free service is provided with a number or numbers other than the one(s) committed by the Company to the Customer and toll-free Directory Assistance, the liability of the Company is limited to the lesser of: (a) the actual monetary damages incurred and proved by the Customer as the direct result of the Companys actions, or (b) $1,000.
4. A Customer of toll-free service is responsible for payment for all calls placed to or via the Customers service number(s). This responsibility is not changed by virtue of any use, misuse, or abuse of the Customers service or interconnected Customer-provided system facilities or service, which use, misuse or abuse may be occasioned by third parties including, without limitation, the Customers employees and members of the public who dial the Customers toll-free service number(s) either by mistake or with the intent to abuse service.
5. The Companys liability for any failure on its part in connection with any matter pertaining to information content relating to service (excluding claims arising out of Company undertakings as a Resp Org) will be limited to the lesser of: (a) the actual monetary damages incurred and proved by the Customer as the direct result of the Companys acts or omissions, or (b) $100.
6. If a Customer accumulates more than $1,000. Of undisputed Company toll-free service charges, the Company may refuse to honor any Customer request for a Resp Org change until such undisputed charges are paid in full.
7. The following pertain to the use of toll-free numbers:
7.1 Notwithstanding any other provision in this Guide, if the Company determines that a toll-free number associated with service provided by the Company is being used in violation of the requirements of this Guide, the Company may terminate service immediately. Contemporaneously with service termination, the Company will notify the Customer by certified mail of the action it has taken and the reasons therefor.
7.2 Notwithstanding its role as a Resp Org, and absent a showing by the Customer that it has not violated requirements pertaining to toll-free service, the Company will retain control for four (4) months of all toll-free numbers associated with terminated service. During the four-month period, the Company will not transfer the number to any other Customer, will refuse to reconnect the number for the previous Customer, except upon direction from the Federal Communications Commission of a court of competent jurisdiction; will refuse to honor transfer of service arrangements between the disconnected Customer and any third party; and will refuse to honor any change of Resp Org forms issued by the terminated Customer.
7.3 If the Federal Communications Commission or a court of competent jurisdiction orders the Company to return the number to the control of the terminated Customer, or if the Company determines that its Guide requirements have not been violated, the Company will reestablish service without charge to the Customer. The Company also will not impose any underutilization or other charge as a result of a service disconnection that is overruled by the Federal Communications Commission of a court of competent jurisdiction.
7.4 At the end of the four-month period, assuming there is no outstanding challenge to the actions of the Company, the Company will return control of the toll free number to the numbering authority for availability on a first-come, first-served basis pursuant to existing industry practices.
7.5 The termination of service by the Company pursuant to this subsection does not relieve the Customer of any obligation to pay the Company for charges due and owing for service furnished up to the time of service termination. In the event service is terminated for cause and the Customer is committed to a term or other plan for which charges apply in the event of Customer termination for convenience, the Company will charge, and the Customer will be obliged to pay, as though it had terminated service for its own convenience.
7.6 Answer Supervision: A call begins when call termination is received by or passes through Customer's Premises Equipment. The Customer must provide answer supervision back to the Company point of connection when the toll free service is connected to switching equipment or a Customer-provided communications system. In such cases, the equipment or system must provide appropriate supervision so that the measure of chargeable time begins upon the delivery of the call to the customer's switching equipment or communications system and ends upon termination of the call.
8. The Company, upon written Customer request, may institute (and subsequently remove) call blocking to the Customers toll-free telephone number(s) from certain countries, cities, NXX exchanges, or individual telephone stations in order to prevent the receipt of telephone calls made for the purpose of annoying, abusing, threatening or harassing any person at the called number. The Company reserves the right to limit the number of requests for toll-free call blocking per Customer.
9. Toll-free telephone numbers may not be hoarded, marketed or sold by Customers, except as permitted by the rules and policies of the Federal Communications Commission.