ohio tariffs
Contents
1. Cont d 2 3 Obligations of the Customer Cont d 2 3 2 Claims With respect to any service or facility provided by the Company Customer shall indemnify defend and hold harmless the Company from all claims actions damages liabilities costs and expenses including reasonable attorneys fees for a any loss destruction or damage to property of the Company or any third party or the death of or injury to persons including but not limited to employees or invitees of either the Company or the Customer to the extent caused by or resulting from the negligent or intentional act or omission of the Customer its employees agents representatives or invitees or b any claim loss damage expense or liability for infringement of any copyright patent trade secret or any proprietary or intellectual property right of any third party arising from any act or omission by the Customer including without limitation use of the Company s services and facilities in a name not contemplated by the agreement between the Customer and the Company 2 4 Customer Equipment and Channels 2 4 1 General A Customer may transmit or receive information or signals via the facilities of the Company s underlying carrier s 2 4 2 Station Equipment 2 4 2 1 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 expen2. WV 26525 D D Original Page 35 Mountain Communications LLC P U C O NO 3 PRICE LIST Non Recurring Charges Business Residence NRC NRC Exchange Access Line per line 49 75 25 70 Service Change 12 25 12 25 ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 36 Mountain Communications LLC P U C O NO 3 PRICE LIST 10 Late Payment Penalty Customers will be charged 1 5 of any amounts owed to the Company beyond the due date as set forth within this tariff ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525
3. 23 Mountain Communications LLC P U C O NO 3 2 Regulations Cont d 2 3 2 3 1 Obligations of the Customer contd The Customer shall be responsible for contd 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 under Section 2 3 1 d above and granting or obtaining permission for Company agents or employees to enter the premises of the Customer 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 g not creating or allowing to be placed or maintained any liens or other encumbrances on the Company s equipment or facilities and h making Company facilities and equipment available periodically for maintenance purposes at a time agreeable to both the Company and the Customer No allowance for interruptions in service will be made for the period during which service is interrupted for such purposes EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 24 Mountain Communications LLC P U C O NO 3 2 Regulations
4. Access to and usage of 9 1 1 services where such services are available v Access to operator services and directory assistance vi Provision of a telephone directory in any reasonable format for no additional charge and a listing in that directory with reasonable accommodations made for private listings vii Per call caller identification blocking services viii Access to telecommunications relay service and ix Access to toll presubscription interexchange or toll providers or both and networks of other telephone companies ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 13 Mountain Communications LLC P U C O NO 3 1 Definitions contd Company Mountain Communications LLC which is the issuer of this tariff Commission The Public Utilities Commission of Ohio ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 14 Mountain Communications LLC P U C O NO 3 2 Regulations 2 1 Undertaking of the Company 2 1 4 Scope The Company undertakes to furnish communications service in connection with one way and or two way information transmission between points within the State of Ohio und
5. Title to all facilities provided in accordance with this tariff remains in the Company its agents or contractors Telecommunications Service Priority The Telecommunications Service Priority System is the regulatory administrative and operational system authorizing and providing for priority treatment to provide and restore National Security Emergency Preparedness Telecommunications service Under the rules of the Telecommunications Service Priority System The Telephone Company is authorized and required to provide and restore services with Telecommunications Service Priority assignments before services without such assignments The provision and restoration of Telecommunications Service Priority System services shall be in compliance with Part 64 Appendix A of the Federal Communications Commission s Rules and Regulations the guidelines set forth in the Telecommunications Service Priority for National Security Emergency Preparedness Service User Manual and Service Vendor Handbook Prohibited Uses The service the Company offers shall not be used for any unlawful purpose or for any use as to which the Customer has not obtained all required governmental approvals authorizations licenses consents and permits The Company may require a Customer to immediately shut down its transmission of signals if said transmission is causing interference to others EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Da
6. constitute a determination by the Commission that the termination liability imposed by the company is approved or sanctioned by the Commission Customers shall be free to pursue whatever legal remedies they may have should a dispute arise ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 16 Mountain Communications LLC P U C O NO 3 2 Regulations Cont d 2 1 Undertaking of the Company Cont d 2 1 3 Terms and Conditions Cont d 2 1 3 4 2 1 3 5 2 1 3 6 2 1 3 7 2 1 3 8 This tariff shall be interpreted and governed by the laws of the State of Ohio without regard of the State s choice of laws provision Another Telephone Company must not interfere with the right of any person or entity to obtain service directly from the Company The Customer has no property right to the telephone number or any other call number designation associated with services furnished by the Company The Company reserves the right to change such numbers or the central office designation associated with such numbers or both assigned to the Customer whenever the Company deems it necessary to do so in the conduct of its business Nothing in this provision shall be construed to be inconsistent with number portability requirements The Customer agrees to operate Company provid
7. law Approval by the Commission merely recognizes that since its is a court s responsibility to adjudicate negligence and consequential damage claims it is also the court s responsibility to determine the validity of the exculpatory clauses 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 Credits will be applied in accordance with Minimum Telephone Service Standards MTSS as codified chapter 4901 1 5 of the Ohio Administrative Code OAC 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 notifications requirements With some emergency or unplanned service affecting conditions such as outage resulting from cable damage notification to the Customer may not be possible ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 20 Mountain Communications LLC P U C O
8. two classes of service distinguished by their primary character or nature of use as well as the location to which service is provided residential or business 3 1 3 1 Local Exchange Service will be classified as Residential Service where the primary use is for social or domestic purposes and the location to which service is provided is a residence or the bona fide living quarters for a combined residence and business premises 3 1 3 2 Local Exchange Service will be classified as Business Service where the primary use is for paid commercial professional or institutional activity and the location to which service is provided is a business or commercial location or the service number is listed as the principal or only number for a business in any telecommunications directory EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 29 Mountain Communications LLC P U C O NO 3 3 Service Descriptions Cont d 3 1 3 2 ISSUED Local Exchange Service Cont d 3 1 4 Basic Service provides the Customer with a single voice grade analog communications channel with a single telephone number Basic Local Exchange Service includes the following features as standard Touchtone Dialing One Directory Listing plus One Directory Presubscription both IntraLATA and InterLATA Calling n
9. 5 Original Page 11 Mountain Communications LLC P U C O NO 3 APPLICATION OF TARIFF This tariff sets forth the service offerings rates terms and conditions applicable to the furnishing of intrastate communications services by Mountain Communications LLC to customers within the service areas defined herein This tariff is effective for local exchange services only where an approved interconnection agreement exists with the incumbent LEC currently serving such area ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 12 Mountain Communications LLC P U C O NO 3 1 Definitions Basic Local Exchange Service residential end user access to and usage of telephone company provided services over the primary access line of service which in the case of residential and small business access and usage is not part of a bundle or package of services that does both of the following a Enables a customer to originate or receive voice communications within a local service area as that area exists on the effective date of the amendment of this section by S B 162 of the 128 general assembly b Consists of all of the following services i Local dial tone service ii For residential end users flat rate telephone exchange service iii Touch tone dialing service Iv
10. 911 provider so that it reaches the correct emergency service located closest to the caller In addition the Customer s address and telephone information will be displayed to the primary E911 provider for display at the Public Service Answering Point PSAP Charges for Enhanced 9 1 1 will be a pass through of the charge imposed by the ILEC EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 32 Mountain Communications LLC P U C O NO 3 3 5 Local Exchange Classification Rate Bands For the purpose of determining exchange service monthly rates exchanges are classified by Rate Bands The services offered in each exchange area the local service area for each exchange and the particular Rate Bands applicable thereto are specified herein 3 5 1 List of Exchanges and Rate Bands Exchange Rate Band Bethany 2 Bethel 3 Cincinnati Customers served out of all central offices within the exchange except Miami or Sayler Park 1 Customers served out of Miami or Sayler Park central offices 2 Clermont Customers served out of the Cherry Grove central office 1 Customers served out of the Batavia Hamlet or Tobosco central Offices 2 Customers served out of the New Richmond Central office 3 Hamilton Customers served out of the Crescentville or Fairfield central offices 1 Customers serve
11. NO 3 2 Regulations Cont d 2 1 Undertaking of the Company Cont d 2 1 6 Provision of Equipment and Facilities 2 1 6 1 Where construction is required 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 and pursuant to the Minimum Telephone Service Standards MTSS as codified chapter 4901 1 5 of the Ohio Administrative Code OAC The Company does not guarantee availability by any such date and shall not be liable for any delays in commencing service to any Customer 2 1 6 2 The Company shall use reasonable efforts to maintain facilities that it furnishes to the Customer The Customer may not nor may the Customer permit others to rearrange disconnect remove attempt to repair or otherwise interfere with any of the facilities installed by the Company except upon the written consent of the Company 2 1 6 3 Equipment installed at the Customer Premises for use in connections with the services the Company offers shall not be used for any purpose other than that for which the Company provided it 2 1 6 4 The Company shall not be responsible for the installation operation or maintenance of any Customer provided communications equipment Where such equipment is connected to the facilities furnished pursuant to this tariff the responsibility of the company shall be li
12. Original Page 1 Mountain Communications LLC P U C O NO 3 This tariff P U C O Tariff No 3 filed by Mountain Communications LLC cancels and replaces in its entirety the current tariff on file with the Commission Mountain Communications LLC P U C O Tariff No 1 Detariffed seirvices may be viewed at the Company s headquarters Route 3 Box 69 G Bruceton Mills WV 26525 PUCO NO 3 Mountain Communications LLC Competitive Telecom Services Page Reference Local Exchange Services 9 ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 2 Mountain Communications LLC P U C O NO 3 DESCRIPTION OF SERVICE AREA Local Exchange Service will be offered in the Ohio counties served by AT amp T Ohio as listed below Aberdeen Akron Alliance Alton Arabia Atwater Barnesville Beallsville Beavercreek Bedford Belfast Bellbrook Belpre Berea Bethesda Bloomingburg Bloomingville Bowersville Burton Canal Fulton Canal Winchester Canfield Canton Carroll Castalia Cedarville Centerville Chagrin Falls Cheshire Chesterland Christiansburg Cleveland Columbiana Columbus Conesville Corning Coshocton ISSUED Dalton Danville Highland Dayton Dayton Donnelsville Dresden Dublin Duffy East Liverpool East Palestine Enon Fairborn Findlay Fletcher Len
13. RO NA URSI ae needa 28 3 1 4 Basic Service socio bebe de m E e ee is Rm Sec nce S ena Re n 29 3 1 5 Optional Calling Features 29 3 2 Local Exchange Service Rates and Charges 29 3 9 Directory Assistarice ee RE EE ioe ee eee EA Iac e eee E S GR E ART RE Pelee 31 3 4 uini eR RURAL ERR NOR AR RR S 31 3 5 Local Exchange Classification Rate Bands 33 3 5 f bistof Exchanges s eeu REI eL eck Gap er doe ale eee S 33 ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 10 Mountain Communications LLC P U C O NO 3 EXPLANATION OF SYMBOLS REFERENCE MARKS AND ABBREVIATIONS OF TECHNICAL TERMS USED IN THIS TARIFF The following symbols shall be used in this tariff for the purpose indicated below C To signify changed regulation D To signify decreased rate To signify increased rate T Textural Change N New rate or regulation ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 2652
14. a Fostoria Franklin Fremont Fultonham Gahanna Gallipolis Gates Mills Girard Glenford Gnadenhutten Graysville Greensberg Grove City Groveport Guyan Harrisburg Hartville Hillcrest Hilliard Hillsboro Holland Hubbard Independence Ironton Jamestown Jeffersonville Kent Kirtland Lancaster Leetonia Leroy Lewisville Lindsey Lisbon Lockbourne London Louisville Lowellville Magnolia Waynesburg Manchester SUM Mantua Marietta Marlboro Marshall Martins Ferry Bridgeport Massillon Maumee Medway Mentor Miamisburg West Carrollton Middletown Milledgeville Mingo Junction Mogadore Monroe Montrose EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Murray City Navarre Nelsonville New Carlisle New Holland New Lexington New Matamoras New Riegel New Waterford Newcomerstown Newport Niles North Canon North Hampton North Lima North Royalton Norwich Olmsted Falls Painesville Perrysburg Philo Piqua Pitchin Rainsboro Ravenna Reynoldsburg Rio Grande Ripley Rogers Rootstown Roseville Rushville Salem Salineville Sandusky Sebring Original Page 3 Mountain Communications LLC P U C O NO 3 DESCRIPTION OF SERVICE AREA Local Exchange Service will be offered in the Ohio counties served by AT amp T Ohio as listed below Sedalia Sharon Shawne
15. ale Crestline Creston Curtice Oregon Decatur Delaware Dellroy Dexter City Dillonvale Mt Pleasant East Rochester Edgerton Edon Elmore Englewood Evansport Farmersville Fayette Felicity Flushing Forest Fort Recovery Freeport Galion Garrettsville Genoa Georgetown Gibsonburg Grafton Grand Rapids Gratis Green Camp Greenfield Greenwich Guysville Hamersville Hanoverton Harlem Springs Harpster Haskins Tontogany Hayesville Helena Hicksville Higginsport Homerville Homeworth Huron Idaho Jackson Jenera Jewett Kelleys Island Kilbourne Knoxville Lakeville LaRue Laura Laurelville Leesburg Letart Falls Lewisburg Liberty Lodi Logan Loudonville Lowell Lower Salem Lynchburg Malvern Manchester Marblehead Maria Stein Marion Martinsville McArthur McComb EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Mechanicsburg Mechanicstown Medina Mendon Milan Millersport Mineral City Minerva Minster Monroeville Montpelier Montrose Morning Sun Morral Mowrystown Mt Blanchard Mt Orab Nevada New Bremen New Burlington New Concord New Lebanon New London New Marshfield New Philadelphia New Vienna New Washington Ney North Baltimore North Eaton North Georgetown North Star Norwalk Oak Harbor Oak Hill Original Page 5 Mountain Communicat
16. by the Company at the Customer s expense ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 25 Mountain Communications LLC P U C O NO 3 2 Regulations Cont d 2 5 Payment Arrangements 2 5 1 Payment for Service The Customer is responsible for payment of all charges for service and facilities furnished by the Company to the Customer or its Joint or Authorized Users 2 5 1 1 Taxes The Customer is responsible for the payment of all state local and 911 taxes surcharges utility fees or other similar fees for which the end user is directly responsible and that may be levied by a governing body or bodies in conjunction with or as a result of a service furnished under a tariff on file with the Public Utilities Commission of Ohio These charges may appear as separate line items on the customer s bill as opposed to being included in the rates contained in a tariff Any such line item charges will be reflected in the Company s tariff The Company shall not assess separately any taxes fees or surcharges other than government approved sales taxes imposed directly on the end users without seeking Commission approval under the appropriate local competition procedures required by the Commission The Company shall comply with the Commission procedures by sending notice to all custom
17. d out of the Hamilton central office 2 Harrison 2 Little Miami 2 Newtonsville 3 Reily 3 Seven Mile 3 Shandon 3 Williamsburg 3 ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 33 Mountain Communications LLC P U C O NO 3 PRICE LIST 1 Local Exchange Service Monthly Rates and Charges 1 1 Flat Rate Service A Rate Band 1 Business MRC First Line 46 25 B Rate Band 2 Business MRC First Line 48 00 C Rate Band 3 Business MRC First Line 49 75 2 Measured Rate Service A Rate Band 1 Business MRC First Line 30 25 B Rate Band 2 ISSUED Residential MRC 25 95 Residential MRC 17 95 Residential MRC 18 95 Residential MRC 8 80 EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 D D D D Original Page 34 Mountain Communications LLC P U C O NO 3 Business Residential MRC MRC First Line 32 00 9 25 C Rate Band 3 Business Residential MRC MRC First Line 33 75 9 75 ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills
18. e Somerset South Charleston South Solon South Vienna Spring Valley Springfield St Clairsville Steubenville Strongsville Sugar Grove Sugar Tree RidgeTerrace Thornville Tiffin Toledo Toronto Tremont City Trenton Trinity Ulrichsville Uniontown Upper Sandusky Vandalia Victory Vinton Walnut Washington Cour House Wellsville West Jefferson West Lafayette Westerville Whitehouse Wickliffe ISSUED Willoughby Winchester Woodsfield Worthington Xenia Yellow Springs Clifton Youngstown Zanesville EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 4 Mountain Communications LLC P U C O NO 3 DESCRIPTION OF SERVICE AREA Local Exchange Service will be offered in the Ohio counties served by Verizon North as listed below Adena Albany Amanda Amesville Amsterdam Antwerp Arlington Ashland Ashley Ashville Athens Attica Baltic Baltimore Barlow Beach City Beaver Bellevue Bergholz Berlin Berlin Heights Bettsville Beverly Blanchester Bloomville Bolivar Bowerston Bowling Green Bremen Brewster Brilliant Brookville Brunswick Bryan Burbank Byesville Cadiz Caldwell Cambridge Carey Carrollton Catawba Celina ISSUED Chatham Chauncey Chesapeake Cheshire Center Circleville Clarksville Clyde Coldwater Congress Convoy Cooperd
19. ed 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 8 below 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 EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 17 Mountain Communications LLC P U C O NO 3 2 Regulations Cont d 2 1 Undertaking of the Company Cont d 2 1 4 Liability of the Company Because the Customer has exclusive control of its communications over the services furnished by the Company and because interruptions and errors incident to these services are unavoidable the services the Company furnishes are subject to the terms conditions and limitations specified in this tariff and to such particular terms conditions and limitations as set forth in the special regulat
20. er the terms of this tariff Customers may use services and facilities provided under this tariff to obtain access to services offered by other service providers The Company is responsible under this tariff only for the services and facilities provided herein and it assumes no responsibility for any service provided by any other entity that purchases access to the Company network in order to originate or terminate its own services or to communicate with its own Customers 2 1 2 Shortage of Equipment or Facilities 2 1 2 1 The Company reserves the right to limit or allocate the use of existing facilities or of additional facilities offered by the Company when necessary because of lack of facilities or due to some other cause beyond the Company s control 2 1 2 2 furnishing of service under this tariff is subject to the availability on a continuing basis of all the necessary facilities and is limited to the facilities the Company may obtain from other carriers from time to time to furnish service as required at the sole discretion of the Company 2 1 3 Terms and Conditions 2 1 8 1 Except as otherwise provided herein service is provided and billed on the basis of a minimum period of at least one month and shall continue to be provided until canceled by the Customer Service charges may also be pro rated when service is either terminated or established mid month Unless otherwise specified herein for the purpose of computing charge
21. ers informing them of the new line item charges 2 5 2 Billing and Collection of Charges Bills will be rendered monthly to Customers All billing and collection procedures will comply pursuant to the Minimum Telephone Service Standards MTSS as codified chapter 4901 1 5 of the Ohio Administrative Code OAC 2 5 2 1 All service installation monthly Recurring Charges and Non Recurring Charges are due and payable upon receipt but no sooner than 14 days from the postmark on the bill 2 5 2 2 The Company shall present bills for Recurring Charges monthly to the Customer in advance of the month which service is provided Usage charges will be billed in arrears 2 5 2 3 For new customers or existing customers whose service is disconnected the charge for the fraction of the month in which service was furnished will be calculated on a pro rata basis For this purpose every month is considered to have 30 days 2 5 2 4 Amounts not paid within 30 days after the date of invoice but no sooner than 14 days after the postmark on the bill are considered past due 2 5 2 5 Checks with insufficient funds or non existing accounts will be assessed as follows except as may be waived under appropriate circumstances Max 25 00 ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 26 Mo
22. investigation and notifies the Customer of the disposition of the dispute 2 5 4 Advance Payments The Company may require a Customer to make an Advance Payment for special construction before a specific services or facility is furnished The Advance Payment will not exceed an amount equal to the Non Recurring Charge s for special construction for the service or facility The advance payment will be credited to the Customer s initial bill ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 27 Mountain Communications LLC P U C O NO 3 2 Regulations Cont d 2 10 Universal Emergency Number Service 9 1 1 Where requested by local government authorities and subject to the availability of facilities the Company will provide a universal number 911 dialing to its customers for simplified emergency access police fire and other emergency services 911 calls will be routed for answering to a Public Safety Answering Point PSAP as designated by the local government unit authorized to establish and operate such systems The Company does not undertake to answer and forward 911 calls but furnishes the use of its facilities to enable the local government unit or its designee to answer and respond to such calls The 911 Calling Party by calling 911 Service gives conse
23. ions LLC P U C O NO 3 DESCRIPTION OF SERVICE AREA Local Exchange Service will be offered in the Ohio counties served by Verizon North as listed below Oberlin Spencerville Ohio City St Henry Ostrander St Marys Oxford Paris Strasburg Payne Sugarcreek Peebles Summerfield Pemberville Sylvania Perrysville The Plains Phillipsburg Tiltonsville Piketon Tipp City Pioneer Trotwood Plain City Troy Tipp City Pleasantville Troy Plymouth Valley City Polk Van Buren Pomeroy Wadsworth Port Clinton Wakeman Portland Waldo Portsmouth Warsaw Port William Watertown Prospect Waverly Put In Bay Wayne Bradner Radnor Wellington Rathbone Wellston Rawson West Alexandria Red Haw Westfield Center Republic West Milton Resaca Weston Richmond West Salem Richwood West Union Russellville West Unity Sabina Wharton Sardinia Wilkesville Savannah Willard Scio Williamsport Scott Willshire Wren Seaman Wilmington Seville Wilmot Shade Winona Sharon Center Woodstock Sinking Spring Yorkshire Smithfield Spencer ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 6 Mountain Communications LLC P U C O NO 3 CHECK SHEET All pages of this tariff are effective as of the date shown on the bottom of the page Original and revised pages as named below comprise all changes from the origi
24. ions applicable to the particular services and facilities furnished under this tariff 2 1 4 1 The liability of the Company for damages arising out of the furnishing of these services including but not limited to mistakes omissions interruptions delays or errors or other defects representations or use of these services or arising out of the failure to furnish the service whether caused by acts of commission or omission shall be limited to the extension of allowances for interruption and any other remedies specified by the Commission pursuant to the Minimum Telephone Service Standards MTSS as codified chapter 4901 1 5 of the Ohio Administrative Code OAC 2 1 4 2 The Company shall not be liable or responsible for any special consequential exemplary lost profits or punitive damages whether or not caused by the intentional acts or omissions or negligence of the Company s employees agents or contractors ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 18 Mountain Communications LLC P U C O NO 3 2 Regulations Cont d 2 1 Undertaking of the Company Cont d 2 1 4 Liability of the Company Cont d 2 1 4 8 The Company shall not be liable for any failure of performance or equipment due to causes beyond its control and will make any billing adjustments in co
25. ipment used to provide local exchange service to the Customer from the cable building entrance or property line to the location of the equipment space described in 2 3 1 c 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 borne entirely by or may be charged by the Company to the Customer The Company may require the Customer to demonstrate its compliance with this section 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 premises at which Company employees and agents shall be installing or maintaining the Company s facilities and equipment The Customer may be required to install and maintain Company facilities and equipment within a hazardous area if in the Company s opinion injury or damage to the Company s 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 ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page
26. lays in obtaining necessary regulatory approvals for construction delays in obtaining right of way approvals and delays in actual construction work 2 1 4 8 The Company shall not be liable for any damages whatsoever to property resulting from the installation maintenance repair or removal of equipment and associated wiring unless the damage is caused by the Company s willful misconduct or negligence ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 19 Mountain Communications LLC P U C O NO 3 2 Regulations Cont d 2 1 Undertaking of the Company Cont d 2 1 4 Liability of the Company Cont d 2 1 4 9 The Company shall not incur any liability direct or indirect to any person who dials or attempts to dial the digits 9 1 1 or to any other person who may be affected by the dialing of the digits 9 1 1 2 1 4 10 THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW STATUTORY OR OTHERWISE INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE EXCEPT THOSE EXPRESSLY SET FORTH HEREIN 2 1 4 11 Approval of limitation of liability language by the Commission does not constitute a determination by the Commission that the limitation of liability imposed by the Company should be upheld in a court of
27. mited to the furnishing of facilities offered under this tariff and to the maintenance and operation of such facilities Beyond this responsibility the Company shall not be responsible for a the transmission of signals by Customer provided equipment or for the quality of or defects in such transmission or b the reception of signals by Customer provided equipment or c network control signaling where such signaling is performed by Customer provided network control signaling equipment ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 ISSUED Original Page 21 Mountain Communications LLC P U C O NO 3 2 Regulations Cont d 2 1 2 1 7 2 2 2 2 1 2 2 2 Undertaking of the Company Cont d Non routine Installation At the Customer s request installation and or maintenance may be performed outside the Company s regular business hours or in hazardous 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 Ownership of Facilities
28. mpliance with the Minimum Telephone Service Standards as codified chapter 4901 1 5 of the Ohio Administrative Code OAC 2 1 4 4 The Company shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfunction of Customer provided equipment or facilities 2 1 4 5 The Company shall not be liable for the claims of vendors supplying equipment to Customers of the Company which may be installed at premises of the Company nor shall the Company be liable for the performance of said vendor or vendor s equipment 2 1 4 6 The Company does not guarantee nor make any warranty with respect to installations it provides for use in an explosive atmosphere The Customer indemnifies and holds the Company harmless from any and all loss claims demands suits or other action or any liability whatsoever whether suffered made instituted or asserted by any other party or person s and for any loss damage or destruction of any property whether owned by the Customer or others caused or claimed to have been caused directly or indirectly by the installation operation failure to operate maintenance removal presence condition location or use of any installation so provided 2 1 4 7 The Company shall not be liable for any damages resulting from delays in meeting any service dates due to delays resulting from special construction procedures Such delays shall include but not be limited to de
29. nal tariff in effect on the date indicated Page Revision 1 Original 2 Original 3 Original 4 Original 5 Original 6 Original 7 Original 8 Original 9 Original 10 Original 11 Original 12 Original 13 Original 14 Original 15 Original 16 Original 17 Original 18 Original 19 Original 20 Original 21 Original 22 Original 23 Original 24 Original 25 Original ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 7 Mountain Communications LLC P U C O NO 3 CHECK SHEET CONT D Page 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 ISSUED Revision Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original Original EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 8 Mountain Communications LLC P U C O NO 3 TABLE OF CONTENTS MEE SHEET theese eh hs
30. nd 2 Business MRC Resi MRC Maximum Maximum Tier First Line 100 00 50 00 1 Core C Rate Band 3 Business MRC Resi MRC Maximum Maximum Tier First Line 100 00 50 00 1 Core 3 2 8 Non Recurring Charges Business NRC Resi NRC Tier Maximum Maximum Exchange Access Line 1 Line 100 00 100 00 1 Core Service Change 1 Line 100 00 100 00 1 Core ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 31 Mountain Communications LLC P U C O NO 3 3 Service Descriptions Cont d 3 3 3 4 ISSUED Directory Assistance A Customer may obtain Directory Assistance DA in determining telephone numbers within or outside of its local calling area by calling the Directory Assistance operator The Customer may request a maximum of two telephone numbers per call to Directory Assistance service without additional charges Directory Assistance includes the option for call completion to the requested number at an additional charge as specified below The Call Completion option provides when selected by the customer for the automatic dialing of the requested number Emergency Services Enhanced 911 Allows Customers to reach appropriate emergency services including police fire and medical services Enhanced 911 has the ability to selectively route an emergency call to the primary E
31. nt for the Company to provide 911 information consisting of the name address telephone number and other calling party information when available to Law Enforcement Agencies and other emergency service providers on a call by call basis for the purpose of enabling those agencies or service providers to respond to emergency calls for assistance Database inquiries for 911 information consisting of name address telephone number and other information when available will only be allowed for purposes of dispatching or responding to 911 emergency calls or integrity verification as prescribed by the applicable state codes rules or legislation Customers with Unlisted or Non published numbers as well as those customers who have requested per line blocking forfeits the privacy afforded by these services on calls made to 911 The provision of 911 Service by the Company shall not be interpreted construed or regarded as being for the benefit of or creating any Company obligation either expressed or implied toward any third person or legal entity other than the customer The company s entire liability to any person for interruption or failure of 911 Service shall be limited to the terms specified in this Tariff or by statute EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 28 Mountain Comm
32. r issssseeesseeeee hm mh E BEE e Mc ERE 2 92 CIAIMS Sg Sasi AEA Rescue RD BM ARR E E RR LEUR tae 2 4 Customer Equipment and Channels 0 0 cece rn 2 4 1 General icu ie eee eee RM RE EE qe ES Drei eee 2 4 2 Station Equipment Ie Ep e epa pied peri depen 2 5 Payment Arrangements cers riimit nonea a a e lem mI Rm rn 2 5 1 Payment for Service i imi CEU n RR RUM Ras UE E NOR EM a 2 5 2 Billing and Collection of Charges 2 5 3 Disputed Bills sar eee Yoneda eee yea I SP Gr cnc ee oa Ge ie ITE 2 5 4 Advance Payments hhe ee eee ene 2 6 Universal Emergency Number Service 9 1 1 ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 9 Mountain Communications LLC P U C O NO 3 TABLE OF CONTENTS Cont d PAGE NO 3 SERVICE DESCRIPTIONS iom Rr ld ede dx ei Em a 28 3st Local Exchange Service eer eb eee bed E ene eng Whee dece A oen ae ee 8 3 1 1 Eocal Galling Areas ree RR Geko betes eR p Re ey epe gen 28 3 1 2 General 5 rome otto sette ic ote rated E Maker total e eade i it vote 28 3 1 3 Class of Sais BAe RI RE ELA VER T RE
33. s in this tariff a month is considered to have 30 days All calculations of dates set forth in this tariff shall be based on calendar days unless otherwise specified herein 2 1 3 2 Business Customers may be required to enter into written or verbal Service Orders which shall contain or reference the name of the Customer a specific description of the service ordered the rate to be charged the duration of the services and the terms and conditions in this tariff ISSUED EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 15 Mountain Communications LLC P U C O NO 3 2 Regulations contd 2 1 Undertaking of the Company contd 2 1 3 8 At the expiration of the initial term specified in each Business Customer Service Order or in any extension thereof service shall continue on a month to month basis at the then current rates unless terminated by either party upon 30 days written or oral notification Any termination shall not relieve Customer of its obligation to pay any charges incurred under the Service Order and this tariff prior to termination The rights and obligations that by their nature extend beyond the termination of the term of the Service Order shall survive such termination Inclusion of early termination liability by the company in this tariff or a contract does not
34. se 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 Company s 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 that 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 2 2 The Customer is responsible for ensuring that Customer provided equipment connected to Company equipment and facilities is compatible with such equipment and facilities The magnitude and character of the voltages and currents impressed on Company provided equipment and wiring by the connection operation or maintenance of such equipment and wiring shall be such as not to cause damage to the Company provided equipment and wiring or injury to the Company s employees or other persons Any additional protective equipment required to prevent such damage or injury shall be provided
35. ted June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 22 Mountain Communications LLC P U C O NO 3 2 Regulations Cont d 2 3 Obligations of the Customer 2 3 1 The Customer shall be responsible for a the payment of all applicable charges pursuant to this tariff 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 s premises unless caused by the negligence or willful misconduct of the employees or agents of the Company The Company will upon reimbursement for damages cooperate with the Customer in prosecuting a claim against the person causing such damage and the Customer shall be subrogated to 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 premises of the Customer and the level of heating and air conditioning necessary to maintain the proper operating environment on such 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 equ
36. tres bene Saletan Any Meet ag DESCRIPTION OF SERVICE AREA 0 hmm rmm CHECKCSHEET tied Pik th buona bd ota ek diac en d eder be S d TABLE OF CONTENTS Saks bee eee dp a eee tie eg es dE teque de aed qa EXPLANATION OF SYMBOLS icc en EAR eg Su RU ae AG eka ced ea ee ees APPEIGATION OF TARIFF 2 5 Scho Gite s eR IEEE bia Rae Go eee ele RR E a Sh eee peste chat Rena here e 2 REGULATIONS de c 2 1 Undertaking of the Company 0 00 cece tenets ZA SCOPE Bed ae whe Ble ba ane Teese oy Sane asd t dE 2 1 2 Shortage of Equipment or Facilities 24 3 Terms and Gonditions s mem ERREUR REESE alee Gen A nd alana 2 1 4 Liability of the Company 2 1 5 Notification of Service Affecting Activities 2 1 6 Provision of Equipment amp Facilities 2 1 7 Non routine Installation RII ne 2 1 8 Ownership of Facilities RII 2 1 9 Telecommunications Service Priority 2 2 Prohibited Uses ss eee ea ER v bent gira 2 3 Obligations of the Custome
37. umber delivery blocking per call Toll restriction 900 976 Blocking upon request 3 1 5 Optional Calling Features are a set of optional features which may be available to the Company s local exchange service Customers to provide additional calling functionality The Company offers the optional features specified in the Price List Local Exchange Service Rates and Charges A Local Exchange Service Customer will be charged any applicable Non Recurring Charges monthly Recurring Charges and Message charges as specified in the Price List Maximum rates are set forth for all Tier 1 services listed below Rate bands are described on page 44 1 3 2 1 Local Flat Rate Service A Rate Band 1 Business MRC Resi MRC Maximum Maximum Tier First Line 100 00 50 00 1 Core B Rate Band 2 Business MRC Resi MRC Maximum Maximum Tier First Line 100 00 50 00 1 Core C Rate Band 3 Business MRC Resi MRC Maximum Maximum Tier First Line 100 00 50 00 1 Core EFFECTIVE Issued under authority of the Public Utilities Commission of Ohio Dated June 4 2008 in Case 08 0563 TP ACE Larry Sisler President Route 3 Box 69 G Bruceton Mills WV 26525 Original Page 30 Mountain Communications LLC P U C O NO 3 3 Service Descriptions Cont d 3 2 Local Exchange Service Rates and Charges Cont d 3 2 2 Basic Local Measured Rate Services A Rate Band 1 Business Resi MRC Maximum Maximum Tier First Line 100 00 50 00 1 Core B Rate Ba
38. unications LLC P U C O NO 3 3 Service Descriptions 3 1 ISSUED Local Exchange Service The Company s Local Telephone Service provides a Customer with the ability to connect to the Company s switching network which enables the Customer to place or receive calls to any calling Station in the customer s local calling area as defined herein access enhanced Universal Emergency Number 911 Service where available access the interexchange carrier selected by the Customer for interLATA intraLATA interstate or international calling access Operator Services access Directory Assistance place or receive calls to 800 888 telephone numbers access Telecommunications Relay Service 3 1 1 Exchange Areas Served and associated Local Calling Areas Exchanges where the Company s local exchange service are available is stated in this tariff NXX s associated with each particular exchange or zone may be found in the telephone directory published for the Customer s exchange area 3 1 2 The Company s Local Exchange Service is comprised of four different service elements Two of the service elements Switched Network Access Channel and Local Usage are mandatory for all customers subscribing to the Company s local exchange service offerings The remaining service elements enhanced features and toll usage are optional services available to customers 3 1 3 Class of Service The Local Exchange Service Offering is available in
39. untain Communications LLC P U C O NO 3 2 Regulations Cont d 2 5 Payment Arrangements Cont d 2 5 3 Disputed Bills The Customer shall notify the Company of any disputed items on a bill by calling 1 866 776 2662 or by writing to Mountain Communications LLC Route 3 Box 69G Bruceton Mills WV 26525 If the Customer and the Company are unable to resolve the dispute to their mutual satisfaction the Customer may file a complaint with the PUCO in accordance with the Commission s rules of procedure at the following address In the event that the Company is unable to resolve a dispute properly brought to its attention the Customer may direct the complaint to the attention of the Public Utilities Commission of Ohio as follows PUCO You may contact the PUCO at 1 800 686 7826 toll free or TTY at 1 800 686 1570 toll free from 8 00 a m to 5 00 p m weekdays or at www PUCO ohio gov Address Service Monitoring and Enforcement Department Public Utilities Commission of Ohio 180 East Broad Street Columbus OH 43215 OCC Residential customers may also contact the Ohio Consumers Counsel for assistance with complaints and utility issues at 1 877 742 5622 toll free from 8 00 a m to 5 00 p m weekdays or at www pickocc org 2 5 3 1 The date of the dispute shall be the date the Company receives sufficient notification to enable it to investigate the dispute The date of the resolution is the date the Company completes its
Download Pdf Manuals
Related Search