tw telecom of new york l.p. d/b/a tw telecom

Transcription

1 tw telecom of new york l.p. d/b/a tw telecom Leaf 1 This tariff, tw telecom of new york l.p. d/b/a tw telecom, N.Y. P.S.C. No. 7, replaces in its entirety tw telecom of new york l.p. d/b/a tw telecom tariff, N.Y. P.S.C. No. 1, currently on file with the Commission. NEW YORK RESALE COMMON CARRIER TARIFF OF tw telecom of new york l.p. d/b/a tw telecom This tariff contains the descriptions, regulations, and rates applicable to the furnishing of interlata resale common carrier telecommunications services provided by tw telecom of new york l.p. d/b/a tw telecom within the state of New York. This tariff is on file with the New York Public Service Commission and at the Company's places of business.

2 tw telecom of new york l.p. d/b/a tw telecom Leaf 2 NY PSC No. 7 - Telephone Revision 3 Initial Effective Date: March 28, CHECK SHEET Pages of this tariff, as indicated below, are effective as of the date shown at the bottom of the respective pages. Original and revised pages, as named below, comprise all changes from the original tariff and are currently in effect as of the date on the bottom of this page. PAGE REVISION PAGE REVISION PAGE REVISION Title Original 29 Original 56 Original 1 Original 30 Original 57 1 st Revised * 2 3 rd Revised * 31 Original 58 Original 3 Original 32 Original 59 1 st Revised * 4 Original 33 Original 60 Original 5 Original 34 Original 61 Original 6 Original 35 Original 62 Original 7 1 st Revised * 36 Original 63 Original 8 Original 37 Original 64 1 st Revised * 9 Original 38 Original 65 1 st Revised * 10 Original 39 Original 66 Original 11 Original 40 Original 67 Original 12 Original 41 Original 68 Original 13 Original 42 1 st Revised 69 Original 14 Original 42.1 Original 70 1 st Revised * 15 Original 43 Original 71 1 st Revised * 16 Original 44 Original 17 Original 45 Original Addendum Price List 18 Original 46 1 st Revised 1 Original 19 Original 46.1 Original 2 Original 20 Original 47 Original 3 1 st Revised 21 Original 48 Original 4 Original 22 1 st Revised 49 Original 5 Original 23 Original 50 Original 6 1 st Revised 24 Original 51 Original 7 Original 25 Original 52 Original 8 Original 26 Original 53 Original 27 Original 54 1 st Revised * 28 Original 55 Original * - indicates those pages included with this filing NYi1402

3 tw telecom of new york l.p. d/b/a tw telecom Leaf 3 TABLE OF CONTENTS TITLE PAGE 1 CHECK SHEET 2 TABLE OF CONTENTS 3 EXPLANATION OF SYMBOLS 4 TARIFF FORMAT 5 SECTION 1 TECHNICAL TERMS AND ABBREVIATIONS 6 SECTION 2 RULES AND REGULATIONS 9 SECTION 3 SERVICE AND RATE DESCRIPTIONS 37 SECTION 4 GRANDFATHERED SERVICES 53 ADDENDUM PRICE LIST 1 Page NYi1301

4 tw telecom of new york l.p. d/b/a tw telecom Leaf 4 SYMBOLS The following symbols shall be used in this tariff for the purpose indicated below: C -- To signify changed regulation. D -- To signify discontinued rate or regulation. I -- To signify increased rate. M -- To signify a move in the location of text. N -- To signify new rate or regulation. R -- To signify reduced rate. S -- To signify reissued rate or regulation. T -- To signify a change in text but not change in rate or regulation.

5 tw telecom of new york l.p. d/b/a tw telecom Leaf 5 TARIFF FORMAT A. Page Numbering - Page numbers appear in the upper right corner of the page. Pages are numbered sequentially. When a new page is added between pages already in effect, a decimal is added. For example, a new page added between pages 14 and 15 would be B. Page Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current page version on file with the New York Public Service Commission. For example, the 4th revised Page 14 cancels the 3rd revised Page 14. Consult the Check Page for the page currently in effect. C. Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level of coding is subservient to its next higher level: A A A.1.(a) A.1.(a).I A.1.(a).I.(i) A.1.(a).I.(i).(1). D. Check Pages - When a tariff filing is made with the New York Public Service Commission, an updated Check Page accompanies the tariff filing. The Check Page lists the pages contained in the tariff, with a cross reference to the current revision number. When new pages are added, the Check Page is changed to reflect the revision. All revisions made in a given filing are designated by an asterisk (*). There will be no other symbols used on this page if these are the only changes made to it (i.e., the format, etc. remain the same, just revised revision levels on some pages.)

6 tw telecom of new york l.p. d/b/a tw telecom Leaf 6 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS Access Line - An arrangement which connects the Customer's location to a Company switching center or point of presence. Account Codes - Optional, Customer-defined digits that allow the Customer to identify the individual user, department or client associated with a call. Account Codes appear on the Customer bill. Authorized User - A person, firm, corporation, or any other entity authorized by the Customer to communicate utilizing the Carrier's service. Business Line Termination - For use with inbound service only. Incoming calls are routed directly to the Customer's existing local exchange line. No dedicated access terminations are required. Commission - New York Public Service Commission. Company or Carrier - tw telecom of new york l.p. d/b/a tw telecom, unless otherwise clearly indicated by the context. Customer - The person, firm, corporation or other entity which orders, cancels, amends or uses service and is responsible for payment of charges and compliance with the Company's tariff. Dedicated Access - See Special Access. Dedicated Long Distance - The direct dial service over the Company s carrier s digital network via a DS1 connection between the Company s switch and the carrier s nearest hub. End User - Any person, firm, corporation, partnership or other entity which uses the services of the Carrier under the provisions and regulations of this tariff. The End User is responsible for payment unless the charges for the services utilized are accepted and paid by another Customer.

7 tw telecom of new york l.p. d/b/a tw telecom Leaf 7 NY PSC No. 7 - Telephone Revision 1 Initial Effective Date: March 28, SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS, (CONT D.) Equal Access - The ability of the Company to serve End Users on a presubscribed basis rather than through the use of dial access codes. Holidays - Holidays observed by the Carrier as specified in this tariff. (D) (D) LATA - Local access and transport area. A geographic area established by the US District Court for the District of Columbia in Civil Action No , within which a local exchange company provides Communications services. LEC - Local Exchange Company NYPSC - New York Public Service Commission. Off-Net - Service provided by the Company that is carried in part on the Company's network. On-Net - Service provided by the Company that is carried entirely on the Company's network. Premises - A building or buildings on contiguous property. Special Access Origination/Termination - Where originating or terminating access between the Customer and the interexchange carrier is provided on dedicated circuits. The cost of these dedicated circuits is billed by the access provider directly to the Customer. Special Construction - Service configurations specifically designed and constructed at a Customer's request. Rochelle Jones, Regulatory Vice President NYi1402

8 tw telecom of new york l.p. d/b/a tw telecom Leaf 8 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS, (CONT D.) Subscriber - The person, firm, Customer, corporation or other entity that arranges for the Carrier to provide, discontinue or rearrange telecommunications services on behalf of itself or others under the provisions and terms of this tariff. Switched Services - Services provided to Customers that utilize the Company's switching equipment or Access Service for the origination of interlata toll calls. Switchless Services - Services provided to Customers that utilize another carrier s switching equipment or Access Service for the origination of interlata toll calls. VersiPak - Service offered by the Company that allows the grouping of rate components to meet a Customer's specific needs.

9 tw telecom of new york l.p. d/b/a tw telecom Leaf Undertaking of the Company SECTION 2 - RULES AND REGULATIONS The Company is a resale common carrier providing interlata long distance service within the State of New York. The service would either be provided via a switched or switchless environment. Service is provided twenty-four (24) hours per day, seven (7) days a week. 2.2 Limitations Presubscribed Service is offered in Equal Access areas only Service is offered subject to the availability of the necessary facilities and equipment, and subject to the provisions of this tariff The Company reserves the right to discontinue or limit service when necessitated by conditions beyond its control, or when the Customer is using service in violation of provisions of this tariff, or in violation of the law The Company will not be liable for errors in transmission or for failure to establish connections This tariff is governed by the laws of the State of New York, without regard to its choice of law provisions.

10 tw telecom of new york l.p. d/b/a tw telecom Leaf Use SECTION 2 - RULES AND REGULATIONS, (CONT D.) Services provided under this tariff may be used for any lawful purpose for which the service is technically suited. 2.4 Liabilities of the Company No liability of any nature whatsoever shall attach to the Company or any other common carrier that furnishes any portion of the Company's service for damages arising from errors, mistakes, omissions, interruptions, or delays of the Company, or its agents or employees in the course of establishing, furnishing, rearranging, moving, terminating, or changing service or facilities (including the obtaining or furnishing of information in respect thereof or with respect to the Customers of the service or facilities). In no event shall the Company, or any other common carrier that furnished any portion of the service that the Company provides to end users, be liable for any incidental, indirect, special or consequential damages (including lost revenue or profits) of any kind whatsoever regardless of the cause or foresee ability thereof When the services or facilities of other companies are used separately or in conjunction with the Company's facilities or equipment in establishing connection to points not reached by the Company's facilities or equipment, the Company shall not be liable for any act or omission of such other companies or their agents or employees. This includes the provision of a signaling system database by another company.

11 tw telecom of new york l.p. d/b/a tw telecom Leaf Liabilities of the Company, (Cont d.) SECTION 2 - RULES AND REGULATIONS, (CONT D.) The Company shall not be liable for any failure of performance hereunder if such failure is due to any cause or causes beyond the reasonable control of the Company. Such causes shall include, acts of God, fire, explosion, vandalism, cable cut, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States government or of any other government or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lockouts or work stoppages or other labor difficulties, supplier failures, shortages, breaches or delays, or preemption of existing service to restore service in compliance with the Commission's Rules and Regulations The Company shall not be liable for any interruptions, delays, errors, or defects in transmission, or for any injury whatsoever, caused by the Customer, or the Customer's agents, end users, or Customers, or by facilities or equipment provided by the Customer The Company shall be indemnified and held harmless by the Customer against: 1. Claims for libel, slander, infringement of copyright or unauthorized use of any trade mark, trade name or service mark arising out of the material, data, information, or other content transmitted by the Customer over the Company's facilities; 2. Claims for patent infringement arising from combining or connecting the Company's facilities with apparatus and systems of the Customer; and 3. All other claims arising out of any act or omission of the Customer in connection with any service provided by the Company The Company will make no refund of over-payments by a Customer unless the claim is submitted as specified in Section below:

12 tw telecom of new york l.p. d/b/a tw telecom Leaf Terminal Equipment SECTION 2 - RULES AND REGULATIONS, (CONT D.) The Company's facilities and service must be used with or terminated in Customer-provided terminal equipment or Customer-provided communications systems, such as a telephone set, PBX or key system. Such terminal equipment shall be furnished and maintained at the expense of the Customer, except as otherwise provided. The Customer is responsible for all costs at his or her premises, including personnel, wiring, electrical power, and the like, incurred in the use of the Company's service. When such terminal equipment is used, the equipment shall comply with the generally accepted minimum protective criteria standards of the telecommunications industry as endorsed by the Federal Communications Commission. 2.6 Installation and Termination Service is installed upon mutual agreement between the Customer and the Company. The service agreement does not alter rates specified in this tariff.

13 tw telecom of new york l.p. d/b/a tw telecom Leaf Payment and Credit Regulations SECTION 2 - RULES AND REGULATIONS, (CONT D.) Payment Arrangements The Customer is responsible for payment of all charges for services furnished to the Customer for transmission of calls via the Company. The Customer agrees to pay to the Company any cost(s) incurred as a result of any delegation of authority resulting in the use of his or her communications equipment and/or network services which result in the placement of calls via the Company. The Customer agrees to pay the Company or its authorized agent any and all cost(s) incurred as a result of the use of the service arrangement, including calls which the Customer did not individually authorize. Objections to billed charges must be reported to the Company within 120 days of receipt of billing. Any claim not filed within this time period shall be deemed waived. Claims must include all supporting documentation and may be submitted online at or by telephone at The Company shall make adjustments to the Customer's invoice to the extent that circumstances existing which reasonably indicate that such changes are appropriate. Charges for installations, service connections, moves, and rearrangements, where applicable, are payable upon demand by the Company or its authorized agent. The billing thereafter will include recurring charges and actual usage as defined in this tariff. The Customer shall be responsible for all calls placed by or through Customer's equipment by any person. In particular and without limitation to the foregoing, the Customer is responsible for any calls placed by or through the Customer's equipment via any remote access features. The Customer is responsible for all calls placed via their authorization code as a result of the Customer's intentional or negligent disclosure of the authorization code.

14 tw telecom of new york l.p. d/b/a tw telecom Leaf 14 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.7 Payment and Credit Regulations, (Cont d.) Deposits The Company, to safeguard its interests, will require a Customer to make a cash deposit, or to post a bond, prior to the provision of long distance service, to be held by the Company as guarantee for payment of future charges. Deposits will not be requested based on race, sex, creed, national origin, marital status, age, number of dependents, condition of physical handicap, source of income, or geographical area of business. A cash deposit may not exceed the estimated charges applicable to a two month period of service. The payment of a cash deposit in no way relieves the Customer from complying with the Company s requirement for the prompt payment of bills. After the Customer has established a twelve-month prompt payment record, the cash deposit will be refunded or credited to the Customer s account at the Customer s written request. Should the Customer s service be terminated prior to the completion of the term of the contract, the amount of the cash deposit will be forfeited. The Company retains the right to assess additional cash deposit amounts should the Customer s billing history prove to be greater than originally estimated. Should a Customer fail to pay the additional amount, service could be terminated at the discretion of the Company. The Company, when a Customer is terminating service before completion of the contract term, may apply the deposit to the satisfaction of overdue charges. During the full contract period when the cash deposit is held, if required by the State Commission, simple annual interest will be added to the cash deposit amount collected. The rate of interest accrued will be based on identified Commission guidelines. Interest will be paid until the cash deposit is credited to the Customer s account or is refunded by the Company.

15 tw telecom of new york l.p. d/b/a tw telecom Leaf 15 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.7 Payment and Credit Regulations, (Cont d.) Advance Payments No advance payment is required Late Payment Charge and Cost of Collection A. Customer bills for telephone service are due on the due date specified on the bill. A Customer is in default unless payment is made on or before the due date specified on the bill. If payment is not received by the Customer s next billing date, a late payment charge of 1.5% will be applied to all amounts previously billed under this tariff, including arrears and unpaid late payment charges. B. Late payment charges do not apply to those portions (and only those portions) of unpaid balances that are associated with disputed amounts. Undisputed amounts on the same bill are subject to late payment charges if unpaid and carried forward to the next bill. C. Late payment charges do not apply to final accounts. D. Late payment charges do not apply to government agencies of the State of New York. These agencies are required to make payment in accordance with the provisions of Article XI-A of the State Finance Law (Chapter 153 of the Laws of 1984) Returned Item Charge A charge of $20.00 will be assessed for any check or other form of payment returned by the drawee bank or other financial institution for insufficient or uncollected funds, closed account, apparent tampering, missing signature or endorsement, or any other insufficiency or discrepancy necessitating return of the instrument at the discretion of the drawee bank of financial institution. This charge will be assessed in addition to any charges assessed by the drawee bank or any other financial institution.

16 tw telecom of new york l.p. d/b/a tw telecom Leaf Cancellation by Customer SECTION 2 - RULES AND REGULATIONS, (CONT D.) Customer may cancel service by providing 30 days written notice to the Company. If the Customer terminates service prior to completion of the term, the Customer will be liable for charges for the balance of the term based on an average of all previous month s usage. Upon termination of service, all outstanding amounts, including termination charges, shall become immediately due and payable. If the Customer's service is terminated prior to the completion of the term shown above, the amount of the cash deposit for long distance service will be applied to termination charges. 2.9 Interconnection Service furnished by the Company may be connected with the services or facilities of other carriers. Such service or facilities, if used, are provided under the terms, rates and conditions of the other carrier. The Customer is responsible for all charges billed by other carriers for use in connection with the Company's service. Any special interface equipment or facilities necessary to achieve compatibility between carriers is the responsibility of the Customer.

17 tw telecom of new york l.p. d/b/a tw telecom Leaf 17 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.10 Refusal or Discontinuance by Company The Company may refuse or discontinue service under the following conditions and in accordance with New York Public Service Commission Rules. Unless otherwise stated, the Customer will be given five (5) day's written notice and allowed a reasonable time to comply with any rule or remedy any deficiency. 1. For non-compliance and/or violation of any State or municipal law, ordinance or regulation pertaining to telephone services. 2. For the use of telephone service for any other property or purpose other than that described in the application. 3. For failure to meet the Company's credit requirements. 4. For neglect or refusal to provide reasonable access to the Company for the purpose of inspection and maintenance of equipment owned by the Company. 5. For non-compliance and/or violation of the Commission's regulations or the Company's rules and regulations on file with the Commission, provided five (5) working days' written notice is given before termination. 6. For non-payment of bills for telephone service. Suspension or termination of service shall not be made without five (5) working days' written notice to the Customer, except in extreme cases.

18 tw telecom of new york l.p. d/b/a tw telecom Leaf 18 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.10 Refusal or Discontinuance by Company, (Cont d.) 7. Without notice in the event of Customer use of equipment in such a manner as to adversely affect the Company's service to others. 8. Without notice in the event of tampering with the equipment furnished and owned by the Company. 9. Without notice in the event of unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, the Company may, before restoring service, require the Customer to make, at his own expense, all changes in facilities or equipment necessary to eliminate illegal use. 10. For failure of the Customer to make proper application for service. 11. For Customer's breach of the contract for service between the Company and the Customer. 12. When necessary for the Company to comply with any order or request of any governmental authority having jurisdiction Inspection, Testing and Adjustment Upon reasonable notice, the facilities provided by the Company shall be made available to the Company for tests and adjustments as may be deemed necessary by the Carrier for maintenance. No interruption allowance will be granted for the time during which such tests and adjustments are made when the interruption is less than twenty-four consecutive hours.

19 tw telecom of new york l.p. d/b/a tw telecom Leaf 19 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.12 Tests, Pilots, Promotional Campaigns and Contests The Carrier may conduct special tests, pilot programs, waivers and promotions at its discretion to demonstrate the ease of use, quality of service and to promote the sale of its services. Such promotions will be filed with the New York Public Service Commission on not less than ten (10) days notice Special Customer Arrangements In cases where a Customer requests special arrangements which may include engineering, installation, construction, facilities, assembly, purchase or lease of facilities, and/or other special services not offered under this tariff, The Company may, at its option, provide the requested service. Appropriate recurring and/or nonrecurring charges will be developed accordingly and filed in this tariff Liability for Calling Card Fraud The Customer is liable for unauthorized use of the Company s service obtained through the fraudulent use of a Company calling card, provided that the unauthorized use occurs before the Company has been notified. The Customer liability for unauthorized use shall not exceed the lesser of $50 or the amount of services obtained by unauthorized use prior to notification to the Company. Notwithstanding the foregoing, in situations where the Company issues 10 or more calling cards to a Customer for use by its employees, the Company and the Customer may agree on the Customer s liability for unauthorized use on a case by case basis without regard to this subsection.

20 tw telecom of new york l.p. d/b/a tw telecom Leaf Taxes, Surcharges and Fees SECTION 2 - RULES AND REGULATIONS, (CONT D.) The Company reserves the right to bill any and all applicable taxes, surcharges and fees including, but not limited to: Federal Excise Tax; State Sales Tax, Municipal Taxes; Gross Receipts Taxes; and any taxes, surcharges, fees, charges or other payments, contractual or otherwise, for the use of public streets or rights of way, whether designated as franchise fees or otherwise. As permitted by law, the Company will recover from its Customers any such charges assessed directly against the Company. Such taxes or fees will be itemized separately on the Customer's invoice or billing detail. In addition to the rates and charges applicable according to the rules and regulations of this Tariff, various surcharges apply to the Customer's monthly bill statement as outlined below: Surcharge For State Gross Income and Gross Earnings Taxes A monthly surcharge to recover the additional expense related to the State Gross Income and Gross Earnings Taxes applies to the recurring and nonrecurring rates and charges for all intrastate service except returned check charges, late payment charges, and rates for local coin calls. The applicable Gross Revenue Surcharge rates are shown below. Any changes to these rates will be filed on 15 days' notice to Customers and the Commission, and as directed by the Commission. Whenever the state levies a new tax on the Company's gross revenues, repeals such a tax, or changes the rate of such a tax, the Commission may approve new surcharge factors, and the Company will file a revised surcharge as directed or approved by the Commission and will apply the charge if applicable. The State Gross Revenue Tax Surcharge rate to be charged is as follows: Period Services Proved for Resale* IntraLATA Toll and RCP Service All Other Services 10/1/ % % % 1/1/ % % % 7/1/ % % % * Issued in compliance with the New York Public Service Commission's Order in Case 98- M-0489, adopted August 26, 1998.

21 tw telecom of new york l.p. d/b/a tw telecom Leaf Taxes, Surcharges and Fees, (Cont d.) SECTION 2 - RULES AND REGULATIONS, (CONT D.) Metropolitan Commuter Transportation District Tax Surcharge In the counties listed below, a surcharge to recover the expense related to the Temporary Metropolitan Transportation Business Tax Surcharge (MTA Tax) is imposed in addition to all recurring, nonrecurring and usage charges for al intrastate services except charges collected for sent-paid coin telephone messages, check return and late payment charges. MTA Tax Surcharges (applicable only to New York City area accounts in Kings, Queens and New York Counties). Period Services Proved for IntraLATA Toll All Other Resale* and RCP Service Services 10/1/ %.6890%.73% Services provided by the Company to another company to be resold by the second telephone company, are not subject to municipal gross revenue surcharges or gross revenue taxes imposed by villages on utility services. To be exempt from the municipal surcharge or gross revenue tax, the reseller must possess a certificate of Public Convenience and Necessity from the New York State Public Service Commission. * To qualify for this rate, resellers must either be included in the list of resellers that the New York State Department of Taxation and Finance publishes called "Publication 41, Treatment of Sales for Resale under Sec. 186(e) of the Tax Law," or must possess and provide to the underlying carrier a copy of its Certificate of Public Convenience and Necessity obtained from the New York State Public Service Commission. * Issued in compliance with the New York Public Service Commission's Order in Case 98-M-0489, adopted August 26, 1998

22 tw telecom of new york l.p. d/b/a tw telecom Leaf 22 NY PSC No. 7 - Telephone Revision 1 Initial Effective Date: March 1, Taxes, Surcharges and Fees, (Cont d.) SECTION 2 - RULES AND REGULATIONS, (CONT D.) Village or Municipal Surcharge on Local Utility Gross Revenue Taxes In certain cities and villages a municipal surcharge related to the Local Utility Gross Revenue Taxes applies to the recurring and nonrecurring rates and charges for all intrastate service except returned check charges, late payment charges and rates for local coin calls. The percentage rate of the surcharge in each locality where such a surcharge applies is listed on Statement 1 which is at the end of this tariff. The surcharge statement shall be filed at least fifteen business days before the effective date. The effective date of the statement shall not be prior to the effective date of the surcharge and no sooner than the date when the tax enactment is filed with the Secretary of State. The surcharge shall be applicable to bills subject to the tax enactment that are rendered on or after the effective date of the statement. If the tax enactment either ceases to be effective or is modified so as to reduce the tax rate, the surcharge will be changed accordingly within 5 business days. Introduction, cancellation, or modification of a surcharge will be effective on the date of the Customer's first bill rendered after the effective date of the change Taxes and Surcharges A surcharge of 5% shall be assessed on all toll services provided pursuant to this tariff and associated with services provisioned in New York City. Surcharge fees shall be remitted to the City of New York New York State Universal Service Fund Pursuant to the Order of the New York Public Service Commission in Case No. 09-M-0527 issued and effective August 17, 2012, the Company will add to the bills of its subscribers a surcharge to recover the amounts it pays into the New York State Universal Service Fund. The surcharge will be shown as a separate line item on the Customer s monthly invoice and will read: State Universal Service Fund (SUSF) Surcharge. If the Company has collected its annually assessed amount prior to the end of the calendar year, as determined by the Fund Administrator, it will suspend collection of these surcharges for the remainder of that year, subject to any subsequent adjustment necessitated by NYPSC Order. SUSF Current Rate:.15 percent (N) (N) NYi1301

23 tw telecom of new york l.p. d/b/a tw telecom Leaf Automatic Number Identification Regulations SECTION 2 - RULES AND REGULATIONS, (CONT D.) The Company will provide Automatic Number Identification (ANI) associated with an intrastate service, by tariff, to any entity (ANI recipient), only under the following terms and conditions: A. The ANI recipient or its designated billing agent may use or transmit ANI information to third parties for billing and collection, routing, screening, ensuring network performance, and completion of a telephone subscriber's call or transaction, or for performing a service directly related to the telephone subscriber's original call or transaction, or for performing a service directly related to the telephone subscriber's original call or transaction. B. The ANI recipient may offer to any telephone subscriber with whom the ANI recipient has an established Customer relationship, a product or service that is directly related to products or service previously purchased by the telephone subscriber from the ANI recipient. C. The ANI recipient or its designated billing agent is prohibited from utilizing ANI information to establish marketing lists or to conduct outgoing marketing calls, except as permitted by the preceding paragraph, unless the ANI recipient obtains the prior written consent of the telephone subscriber permitting the use of ANI information for such purposes. The foregoing provisions notwithstanding, no ANI recipient or its designated billing agent may utilize ANI information if prohibited elsewhere by law.

24 tw telecom of new york l.p. d/b/a tw telecom Leaf 24 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.16 Automatic Number Identification, (Cont d.) Regulations, (Cont d.) D. The ANI recipient or its designated billing agent is prohibited from reselling, or otherwise disclosing ANI information to any other third party for any use other than those listed in Provision 1, unless the ANI recipient obtains the prior written consent of the subscriber permitting such resale or disclosure. E. Violation of any of the foregoing terms and conditions by any ANI recipient other than a Telephone Corporation shall result, after a determination through the Commission's complaint process, in suspension of the transmission of ANI by the Telephone Corporation until such time as the Commission receives written confirmation from the ANI recipient that the violations have ceased or have been corrected. If the Commission determines that there have been three or more separate violations in a 24 month period, delivery of ANI to the offending party shall be terminated under terms and conditions determined by the Commission Terms and Conditions Violation of any of the foregoing terms and conditions by a Telephone Corporation may result in Commission prosecution of penalty and enforcement proceedings pursuant to Section 24, 25 and 26 of the Public Service Law.

25 tw telecom of new york l.p. d/b/a tw telecom Leaf 25 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.17 Schools and Libraries Discount Program General The Schools and Libraries Discount Program permits eligible schools (public and private, grades Kindergarten through 12) and libraries to purchase the Company services offered in this tariff at a discounted rate, in accordance with the Rules adopted by the Federal Communications Commission (FCC) in its Universal Service Order , issued May 8, 1997 and the New York State Public Service Commission in its Opinion and Order Adopting Discounts for Services for Schools and Libraries, issued June 25, The Rules are codified at 47 Code of Federal Regulation (C.F.R.) et. seq. As indicated in the Rules, the discounts will be between 20 and 90 percent of the pre-discount price, which is the price of services to schools and libraries prior to application of a discount. The level of discount will be based on an eligible school or library's level of economic disadvantage and by its location in either an urban or rural area. A school's level of economic disadvantage will be determined by the percentage of its students eligible for participation in the national school lunch program, and a library's level of economic disadvantage will be calculated on the basis of school lunch eligibility in the public school district in which the library is located. A non-public school may use either eligibility for the national school lunch program or other federally approved alternative measures to determine its level of economic disadvantage. To be eligible for the discount, schools and libraries will be required to comply with the terms and conditions set forth in the Rules. Discounts are available only to the extent that they are funded by the federal universal service fund. Schools and libraries may aggregate demand with other eligible entities to create a consortium.

26 tw telecom of new york l.p. d/b/a tw telecom Leaf 26 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.17 Schools and Libraries Discount Program, (Cont d.) Regulations A. Obligation of eligible schools and libraries Request for service 1. Schools and libraries and consortia shall participate in a competitive bidding process for all services eligible for discounts, in accordance with any state and local procurement rules. 2. Schools and libraries and consortia shall submit requests for services to the Schools and Libraries Corporation, as designated by the FCC, and follow established procedures. 3. Service requested will be used for educational purposes. 4. Services will not be sold, resold or transferred in consideration for money or any other thing of value. B. Obligations of the Company 1. The Company will offer discounts to eligible schools and libraries on commercially available telecommunications services contained in this tariff. Those services contained in this tariff which are excluded from the discount program, in accordance with the Rules are included as an attachment to this tariff. 2. The Company will offer services to eligible schools, libraries and consortia at prices no higher than the lowest price it charges to similarly situated nonresidential Customers for similar services (lowest corresponding price). 3. In competitive bidding situations, the Company may offer flexible pricing or rates other than in this tariff, where specific flexible pricing arrangements are allowed, subject to New York State Public Service Commission approval.

27 tw telecom of new york l.p. d/b/a tw telecom Leaf 27 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.17 Schools and Libraries Discount Program, (Cont d.) Discounted Rates for Schools and Libraries A. Discounts for eligible schools and libraries and consortia shall be set as a percentage from the pre-discount price, which is the price of services to schools and libraries prior to application of a discount. B. The discount rate will be applied to eligible intrastate services purchased by eligible schools, libraries or consortia. C. The discount rate is based on each school or library's level of economic disadvantage as determined in accordance with the FCC Order or other federally approved alternative measures (as permitted by the Rules) and by its location in either an urban or rural area. D. The discount matrix for eligible schools, libraries and consortia is included in the Current Rates Section of this tariff.

28 tw telecom of new york l.p. d/b/a tw telecom Leaf 28 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.18 Emergency / Crisis / Disaster Restoration and Provisioning Telecommunications Service Priority General A. The Telecommunications Service Priority (TSP) Program is a federal program used to identify and prioritize telecommunications services that support national security or emergency preparedness (NS/EP) missions. NS/EP services are defined as those telecommunications services which are used to maintain a state of readiness or respond to and manage any event or crisis which causes or could cause injury or harm to the population, damage or loss to property, or degrades or threatens the NS/EP posture of the United States. TSP restoration and/or provisioning shall be provided in accordance with Part 64, Appendix A of the Federal Communications Commission's Rules and Regulations (47 C.F.R.), and the "Service Vendor Handbook For The Telecommunications Service Priority (TSP) Program" and the "Service User Manual for the Telecommunications Service Priority (TSP) System (NCS Manual 3-1-1) (Service User Manual) issued and updated as necessary by the Office of Priority Telecommunications (OPT) of the National Communications System. Any changes to or reissuance of these regulations or manuals supersede tariff language contained herein. B. The TSP program has two components, restoration and provisioning. 1. A restoration priority is applied to new or existing telecommunications services to ensure restoration before any other services during a service outage. TSP restoration priorities must be requested and assigned before a service outage occurs. 2. A provisioning priority is obtained to facilitate priority installation of new telecommunications services during a service outage. Provisioning on a priority basis becomes necessary when an end-user has an urgent requirement for a new NS/EP service that must be installed immediately or by a specific due date that can be met only by a shorter than standard or expedited Company provisioning time frame. As a matter of general practice, existing TSP services will be restored before provisioning new TSP services.

29 tw telecom of new york l.p. d/b/a tw telecom Leaf 29 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.18 Emergency/Crisis/Disaster Restoration and Provisioning Telecommunications Service Priority, (Cont d.) TSP Request Process A. Restoration To request a TSP restoration priority assignment, a prospective TSP user must: 1. Determine that the user s telecommunications service supports an NS/EP function under one of the following four TSP categories. National Security Leadership National Security Posture and U.S. Population Attack Warning Public Health, Safety, and Maintenance of Law and Order Public Welfare and Maintenance of National Economic Posture 2. Identify the priority level to be requested for the telecommunications service. The priority level is determined by the end-user's TSP category and service profile. The service profile defines the user's level of support to the portion of the telecommunications service that the user owns and operates, such as Customer premises equipment or wiring. The five levels of priority and seven element groups that define the service profile are contained in the Service User Manual. 3. Complete the TSP Request for Service Users form (SF 315) available on the National Communications System (NCS) website ( 4. For non-federal users, have their TSP requests approved by a federal agency sponsor. Non-federal users should contact the OPT, at the NCS website ( for information on identifying a sponsor for TSP requests.

30 tw telecom of new york l.p. d/b/a tw telecom Leaf 30 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.18 Emergency/Crisis/Disaster Restoration and Provisioning Telecommunications Service Priority, (Cont d.) TSP Request Process, (Cont d.) A. Restoration, (Cont d.) 5. Submit the SF 315 to the OPT. 6. Upon receipt of the TSP Authorization Code from the OPT, notify the Company, and include the TSP Authorization Code in any service order to the Company requesting restoration of NS/EP services. B. Provisioning To request a TSP provisioning priority assignment, a prospective TSP user must follow the same steps listed in A.1 above for restoration priority assignment except for the following differences. The user should: Certify that its telecommunications service is an Emergency service. Emergency services are those that support one of the NS/EP functions listed in 2.18.A.1 above and are so critical that they must be provisioned at the earliest possible time, without regard to cost to the user. Verify that the Company cannot meet the service due date without a TSP assignment. Obtain approval from the end-user's invocation official to request a provisioning priority. Invocation officials are designated individuals with the authority to request TSP provisioning for a telecommunications service, and include the head or director of a federal agency, commander of a unified/specified military command, chief of a military service, commander of a major military command, or state governor.

31 tw telecom of new york l.p. d/b/a tw telecom Leaf 31 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.18 Emergency/Crisis/Disaster Restoration and Provisioning Telecommunications Service Priority, (Cont d.) Responsibilities of the End-User End-users or entities acting on their behalf must perform the following: A. Identify telecommunications services requiring priority. B. Request, justify, and revalidate all priority level assignments. Revalidation must be completed every 2 years, and must be done before expiration of the end-user's TSP Authorization Code(s). C. Accept TSP services by the service due dates. D. Have Customer Premises Equipment (CPE) and Customer Premises Wiring (CPW) available by the requested service due date and ensure (through contractual means or otherwise) priority treatment for CPE and CPW necessary for end-to-end service continuity. E. Pay the Company any authorized costs associated with priority services. F. Report to the Company any failed or unusable services with priority levels. G. Designate a 24-hour point of contact for each TSP request and apprise the OPT. H. Cooperate with the OPT during reconciliation (comparison of NS/EP service information and resolution of any identified discrepancies) and revalidation.

32 tw telecom of new york l.p. d/b/a tw telecom Leaf 32 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.18 Emergency/Crisis/Disaster Restoration and Provisioning Telecommunications Service Priority, (Cont d.) Responsibilities of the Company The Company will perform the following: A. Provide TSP service only after receipt of a TSP authorization code. B. Revoke TSP services at the direction of the end-user or OPT. C. Ensure that TSP Program priorities supersede any other telecommunications priority that may be provided (other than control services and order wires). D. Designate a 24-hour point of contact to receive reports of TSP service outages from TSP service users. E. Designate a 24-hour point of contact to coordinate TSP processes with the OPT. F. Confirm completion of TSP service order activity to the OPT. G. Participate in reconciliation of TSP information at the request of the OPT. H. Ensure that all subcontractors complete reconciliation of TSP information with the service vendor. I. Ensure that other carriers supplying underlying facilities are provided information necessary to implement priority treatment of facilities that support NS/EP services.

33 tw telecom of new york l.p. d/b/a tw telecom Leaf 33 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.18 Emergency/Crisis/Disaster Restoration and Provisioning Telecommunications Service Priority, (Cont d.) Responsibilities of the Company, (Cont d.) J. Assist in ensuring that priority level assignments of NS/EP services are accurately identified "end-to-end" by providing to subcontractors and interconnecting carriers the restoration priority level assigned to a service. K. Disclose content of the NS/EP TSP database only as may be required by law. L. Comply with regulations and procedures supplemental to and consistent with guidelines issued by the OPT Preemption When spare facilities are not available, it may be necessary for the Company to preempt the facilities required to provision or restore a TSP service. When preemption is necessary, non- TSP services may be preempted based on the Company's best judgment. If no suitable spare or non-tsp services are available, the Company may preempt an existing TSP service to restore a TSP service with a higher restoration priority assignment. When preemption is necessary, prior consent of the service user whose service will be preempted is not required; however, the Company will make every reasonable effort to notify the preempted Customer of the action to be taken.

34 tw telecom of new york l.p. d/b/a tw telecom Leaf 34 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.19 Negotiated Rates and Competitive Discounts Customized service packages at Negotiated Rates or Competitive Discounts may be furnished on a case-by-case basis in response to request by Customers of the Company for proposals or for competitive bids. Service offered under this tariff provision will be provided to Customers pursuant to contract. Competitive Discounts are available to Customer purchasing services with a contract period of 24 months or greater. Competitive Discounts shall not exceed 30%. Unless otherwise specified, the regulations for such arrangements are in addition to the applicable regulations and prices in other sections of this tariff. Specialized rates or charges will be made available to similarly-situated Customers on a nondiscriminatory basis. The Company will consider the following factors when establishing special pricing arrangements: (1) the LATA in which the Customer is located; (2) the horizontal and vertical distance from the central office to the Customer's premises; (3) the availability and location of the network facilities; (4) the type of service; (5) the price of the service; (6) the number of lines (circuits) being used; and (7) the length of the contract terms.

35 tw telecom of new york l.p. d/b/a tw telecom Leaf 35 SECTION 2 - RULES AND REGULATIONS, (CONT D.) 2.20 Service Level Standards and Credit Allowances for Service Interruptions Service Level Standards The Company offers the following service level standards for long distance facilities: Criterion Definition Standard Dial Tone Delay The specific time between Customer s going off-hook and the receipt of dial tone from the service telephone central office 2.0 seconds maximum Post Dial Delay Noise Signal Loss Minimum Loop Current Grade of Service Change of RespOrg The time from when the last digit is dialed to the moment the phone rings at the receiving location. Unwanted electrical signals introduced into the telephone lines by circuit component or natural disturbances which tend to degrade the performance of the line. The diminishment of the signal level strength resulting in decay and quality of the call and signaling Minimum level of current between the originating and terminating locations of a call required to support accurate signaling on the call. The probability that an attempted call will receive a busy signal, expressed as a decimal fraction. This factor is applicable only to the Company s network and not to any portions of the underlying network provided by another telephone service carrier. The transition of management and administration of a Customer s 8XX telephone number records in the 8XX Service Management System. This standard is applicable when a Customer transfers 8XX telephone number service from one carrier to another. 2.0 seconds maximum 17 dbrnc maximum 3 db maximum 23 ma P.01 or better 10 days maximum