Contract Tariff - AT&T Communications
AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Title Page
Bridgewater, NJ 08807 Cancels Original Title Page
Issued: December 20, 1996 Effective: December 21, 1996
Original Tariff Effective: November 1, 1996
CONTRACT TARIFF NO. 5776
TITLE PAGE
This Contract Tariff applies to AT&T Software Defined Network Services
consisting of: AT&T Custom Software Defined Network Service and Global Software
Defined Network Service; AT&T Distributed Network Service; AT&T MEGACOM Service;
AT&T 800 Services consisting of: AT&T 800 Service-Domestic, AT&T 800
Service-Canada, AT&T MEGACOM 800 Service-Domestic, AT&T MEGACOM 800
Service-Canada, AT&T MEGACOM 800 Service-Mexico, AT&T MEGACOM 800
Service-Overseas, AT&T 800 READYLINE Service-Domestic, AT&T 800 READYLINE
Service-Canada, AT&T 800 READYLINE Service-Mexico, AT&T 800 READYLINE
Service-Overseas, AT&T 800 READYLINE Service-Puerto Rico and the U.S. Virgin
Islands; AT&T ACCUNET T1.5 Service Access Connections; AT&T Primary Rate
Interface Office Functions and AT&T Terrestrial 1.544 Mbps Local Channel
Services for interstate or foreign communications in accordance with the
Communications Act of 1934, as amended.
Telecommunication services provided under this Contract Tariff are furnished by
means of wire, radio, satellite, fiber optics or any suitable technology or
combination of technologies.
Printed in U.S.A.
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AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Page 1
Bridgewater, NJ 08807 Cancels Original Page 1
Issued: December 20, 1996 Effective: December 21, 1996
CONTRACT TARIFF NO. 5776
CHECK SHEET
The Title Page and Pages 1 through 26 inclusive of this tariff are effective as
of the date shown. Original and revised pages as named below contain all changes
from the original tariff that are in effect on the date shown.
Number of Revision Number of Revision
Page Except as Indicated Page Except as Indicated
---- ------------------- ---- -------------------
Title 1st* 7 1st*
1 1st* 8 1st*
3 1st* 9 1st*
3.1 Original 10 1st*
4 1st* 11 1st*
5 1st* 11.1 Original*
6 1st* 12 1st*
6.1 Original* 13 1st*
* New or Revised Page
TABLE OF CONTENTS
Page
----
Check Sheet. ........................................... 1
List of Concurring, Connecting and Other Participating
Carriers.............................................. 1
Explanation of Symbols - Coding of Tariff Revisions..... 1
Trademarks and Service Marks............................ 2
Explanation of Abbreviations............................ 2
Contract Summary........................................ 3
LIST OF CONCURRING, CONNECTING AND OTHER PARTICIPATING CARRIERS
Concurring Carriers - NONE
Connecting Carriers - NONE
Other Participating Carriers - NONE
EXPLANATION OF SYMBOLS - CODING OF TARIFF REVISIONS
Revisions to this tariff are coded through the use of symbols.
These symbols appear in the right margin of the page. The
symbols and their meanings are:
R - to signify reduction.
I - to signify increase.
C - to signify changed regulation.
T - to signify a change in text but no change in rate or regulation.
S - to signify reissued matter.
M - to signify matter relocated without change.
N - to signify new rate or regulation.
D - to signify discontinued rate or regulation.
Z - to signify a correction.
Other marginal codes are used to direct the tariff reader to a footnote for
specific information. Codes used for this purpose are lower case letters of the
alphabet, e.g., x, y and z. These codes may appear beside the page revision
number in the page header or in the right margin opposite specific text.
Printed in U.S.A.
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AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm Rates and Tariffs Original Page 2
Bridgewater, NJ 08807
Issued: October 31, 1996 Effective: November 1, 1996
** All material on this page is new.**
TRADEMARKS AND SERVICE MARKS - The following marks, to the extent, if any, used
throughout this tariff, are trademarks and service marks of AT&T Corp.
Trademarks Service Marks
---------- -------------
None ACCUNET
MEGACOM
READYLINE
EXPLANATION OF ABBREVIATIONS
Adm. - Administrator
Mbps - Megabits per second
Printed in U.S.A.
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AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Page 3
Bridgewater, NJ 08807 Cancels Original Page 3
Issued: December 20, 1996 Effective: December 21, 1996
CONTRACT TARIFF NO. 5776
1. Services Provided:
A. AT&T Software Defined Network (SDN) Services (AT&T Tariff F.C.C. No. 1) con-
sisting of:
1. Custom SDN
2. Global Software Defined Network (GSDN) Service
B. AT&T Distributed Network Service (DNS) (AT&T Tariff F.C.C. No. 1) N
C. AT&T MEGACOM Service (AT&T Tariff F.C.C. No. 1)
D. AT&T 800 Services (AT&T Tariff F.C.C. Nos. 2 and 14) consisting of:
1. AT&T 800 Service-Domestic
2. AT&T 800 Service-Canada
3. AT&T MEGACOM 800 Service-Domestic
4. AT&T MEGACOM 800 Service-Canada
5. AT&T MEGACOM 800 Service-Mexico
6. AT&T MEGACOM 800 Service-Overseas
7. AT&T 800 READYLINE Service-Domestic
8. AT&T 800 READYLINE Service-Canada
9. AT&T 800 READYLINE Service-Mexico
10. AT&T 800 READYLINE Service-Overseas
11. AT&T 800 READYLINE Service-Puerto Rico and the U.S. Virgin Islands
E. AT&T ACCUNET T1.5 Service Access Connections and the AT&T Primary Rate
Interface Office Functions (AT&T Tariff F.C.C. No. 9)
F. AT&T Terrestrial 1.544 Mbps Local Channel Services (AT&T Tariff F.C.C. No.
11)
Printed in U.S.A.
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AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs Original Page 3.1
Bridgewater, NJ 08807
Issued: December 20, 1996 Effective: December 21, 1996
** All material on this page is reissued except as otherwise noted. **
CONTRACT TARIFF NO. 5776
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2. CONTRACT TERM; RENEWAL OPTIONS - For the AT&T SDN Services and associated
AT&T ACCUNET T1.5 Service Access Connections and AT&T Terrestrial 1.544 Mbps
Local Channel Services, the AT&T DNS Services and associated ACCUNET T1.5 N
Service Access Connections and Terrestrial 1.544 Mbps Local Channel Services,
the AT&T MEGACOM Services and the AT&T 800 Services and associated AT&T ACCUNET
T1.5 Service Access Connections, AT&T Primary Rate Interface Office Functions N
and AT&T Terrestrial 1.544 Mbps Local Channel Services provided under this
Contract Tariff, the date on which the term of this Contract Tariff begins is
referred to as the Customer's Initial Service Date (CISD). For the AT&T SDN
Services and associated AT&T ACCUNET T1.5 Service Access Connections, and AT&T
Terrestrial 1.544 Mbps Local Channel Services and the AT&T DNS Services and
associated ACCUNET T1.5 Service Access Connections and Terrestrial 1.544 Mbps
Local Channel Services provided under this Contract Tariff, the term is 18
months and the CISD is the first day of the Customer's first full billing month
under this Contract Tariff. For the AT&T MEGACOM Services and associated AT&T N
ACCUNET T1.5 Service Access Connections and AT&T Terrestrial 1.544 Mbps Local
Channel Services, the term is 4 years and the CISD is the first day of the
Customer's first full billing month under this Contract Tariff. For the AT&T 800
Services and associated AT&T ACCUNET T1.5 Service Access Connections, the AT&T N
Primary Rate Interface Office Functions and AT&T Terrestrial 1.544 Mbps Local
Channel Services, the term is 4 years and the CISD is the first day of the
Customer's first full billing month under this Contract Tariff. No renewal
option is available for this Contract Tariff.
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Printed in U.S.A.
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AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Page 4
Bridgewater, NJ 08807 Cancels Original Page 4
Issued: December 20, 1996 Effective: December 21, 1996
3. MINIMUM COMMITMENTS/CHARGES
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A. MINIMUM REVENUE COMMITMENTS - The Minimum Revenue Commitments (MRCs) for the
AT&T SDN Services, the AT&T DNS Service, AT&T MEGACOM Service including the
International Calling Capability and the AT&T 800 Services provided under this N
Contract Tariff, after the application of the Discounts as specified in Section
5., following, have been applied, are as follows. The Domestic/International MRC
will be satisfied by the usage charges for the AT&T SDN Services, the AT&T DNS
Service, AT&T MEGACOM Service including the International Calling Capability and
the AT&T 800 Services. Of the Domestic/International MRC, a portion, the
International MRC, must be satisfied by usage charges for the combined total of
AT&T 800 Service-Canada, AT&T MEGACOM 800 Service-Canada, AT&T MEGACOM 800
Service-Mexico, AT&T MEGACOM 800 Service-Overseas, AT&T 800 READYLINE
Service-Canada, AT&T 800 READYLINE Service-Mexico, AT&T 800 READYLINE
Service-Overseas, AT&T 800 READYLINE Service-Puerto Rico and the U.S. Virgin
Islands, AT&T MEGACOM Service International Calling Capability, AT&T DNS
International Calling Capability and AT&T GSDN Service.
1. INTERNATIONAL MRC
Commitment Period MRC N
Each Month $1,000,000
If in any month, the Customer has failed to satisfy the International MRC the
Customer will be billed a shortfall charge equal to the difference of the MRC
and the actual usage charges for that month for the combined total of AT&T 800
Service-Canada, AT&T MEGACOM 800 Service-Canada, AT&T MEGACOM 800
Service-Mexico, AT&T MEGACOM 800 Service-Overseas, AT&T 800 READYLINE
Service-Canada, AT&T 800 READYLINE Service-Mexico, AT&T 800 READYLINE
Service-Overseas, AT&T 800 READYLINE Service-Puerto Rico and the U.S. Virgin
Islands, AT&T MEGACOM Service International Calling Capability, AT&T DNS
International Calling Capability and AT&T GSDN Service after the application of
all discounts as specified in Section 5., following.
2. DOMESTIC/INTERNATIONAL MRC
Commitment Period MRC C
Months 1-18 $120,000,000
Months 19-24 $40,000,000
Months 25-36 $70,000,000
Months 37-48 $70,000,000 C
If, at the end of any Commitment Period, the Customer has failed to satisfy the
Domestic/International MRC applicable for that Commitment Period, the Customer
will be billed a shortfall charge equal to the difference between the
Domestic/International MRC for that Commitment Period and the actual usage
charges, for that Commitment Period, for the combined total of AT&T SDN
Services, AT&T DNS Service, AT&T MEGACOM Service including the International
Calling Capability and the AT&T 800 Services provided under this Contract
Tariff, after the application of the Discounts as specified in Section 5., N
following, including any shortfall charge(s) paid by the Customer pursuant to
Section 3.A.1., preceding during the same months of such Commitment Period. The
shortfall charge shall be calculated after the completion of each Commitment
Period and billed the following month.
Printed in U.S.A.
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AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Page 5
Bridgewater, NJ 08807 Cancels Original Page 5
Issued: December 20, 1996 Effective: December 21, 1996
4. Contract Price - AT&T reserves the right to increase from time to time the
rates for the Services Provided under this Contract Tariff, regardless of any
provisions in this Contract Tariff that would otherwise stabilize rates or limit
rate increases, as a result of charges imposed on AT&T stemming from an order,
rule or regulation of the Federal Communications Commission or a court having
competent jurisdiction relating to compensation of payphone service providers.
If necessary, revisions will be filed in this Contract Tariff to reflect the
actual rates.
A. AT&T SDN Services - The Contract Price for the AT&T SDN Services provided
under this Contract Tariff is the same as the undiscounted Recurring and
Nonrecurring Rates and Charges specified in AT&T Tariff F.C.C. No. 1, as amended
from time to time, except for those Usage Rates as specified in Section 7.,
following.
B. AT&T DNS Service - The Contract Price for the AT&T DNS Service provided under N
this Contract Tariff is the same as the undiscounted Recurring and Nonrecurring
Rates and Charges specified in AT&T Tariff F.C.C. No. 1, as amended from time to
time. N
C. AT&T MEGACOM Service - The Contract Price for the AT&T MEGACOM Service
provided under this Contract Tariff is the same as the undiscounted Recurring
and Nonrecurring Rates and Charges specified in AT&T Tariff F.C.C. No. 1, as
amended from time to time, except for those Usage Rates as specified in Section
7., following, which apply for AT&T MEGACOM Service calls that originate at no
more than 15 Customer Switches, and at no more than 2 Customer Premises (not a
Customer Switch) designated by the Customer prior to the CISD. A Customer Switch
is a telecommunications switch (including all remote switching modules under
common control of the same central switch) with the following characteristics:
(a) it is owned and operated by the Customer or an Affiliate of the Customer, or
by an entity in which the Customer or an Affiliate of the Customer holds an
ownership interest of at least 33%, or by an entity that holds an ownership
interest in Customer or Affiliate of the Customer of at least 33%; (b) it is
used for the transmission of calls that are routed by a Local Exchange Carrier
to the Customer Switch using Feature Group D Access or a functional equivalent;
(c) it is capable of interconnecting circuits or transferring calling between
circuits; (d) it has a maximum capacity of at least 100,000 access lines and
16,000 trunk lines; (e) it is predominantly used to provide switched
telecommunications service on a Common Carrier basis; and (f) it has the
capability to provide signaling interfaces at CCITT standards of SS7 signaling.
Provided the Customer Switch meets the foregoing definition, it is not necessary
that all calls routed through the Customer Switch satisfy characteristic (b).
D. AT&T 800 Services - The Contract Price for the AT&T 800 Services provided
under this Contract Tariff is the same as the undiscounted Recurring and
Nonrecurring Rates and Charges specified in AT&T Tariff F.C.C. Nos. 2 and 14, as
amended from time to time, except for those Usage Rates as specified in Section
7., following.
Printed in U.S.A.
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AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Page 6
Bridgewater, NJ 08807 Cancels Original Page 6
Issued: December 20, 1996 Effective: December 21, 1996
4. Contract Price (continued)
D. AT&T ACCUNET T1.5 Service Access Connections and the AT&T Primary Rate
Interface - The Contract Price for the AT&T ACCUNET T1.5 Service Access
Connections and the AT&T Primary Rate Interface provided under this Contract
Tariff is the same as the undiscounted Recurring and Nonrecurring Rates and
Charges specified in AT&T Tariff F.C.C. No. 9, as amended from time to time,
except for those Rates for the AT&T Primary Rate Interface as specified in
Section 7., following.
E. AT&T Terrestrial 1.544 Mbps Local Channel Services - The Contract Price for
the AT&T Terrestrial 1.544 Mbps Local Channel Services provided under this
Contract Tariff is the same as the undiscounted Recurring and Nonrecurring Rates
and Charges specified in AT&T Tariff F.C.C. No. 11, as amended from
time to time.
5. Discounts - The following discounts are the only discounts that apply to the
Services Provided under this Contract Tariff. No other discounts apply.
A. AT&T SDN Services
1. Base Discounts - The Customer will receive the following discounts, each
month, in lieu of those specified for the SDN Term and Volume Plan (TVP) in AT&T
Tariff F.C.C. No. 1. These discounts will be applied in the same manner as the
SDN TVP as specified in AT&T Tariff F.C.C. No. 1, as amended from time to time.
For Gross Monthly
Domestic SDN Services
Usage on Amounts: Discount
----------------- --------
Between $0 up to $13,000,000 46.5%
No discount will apply for any Gross Monthly Domestic SDN Services Usage in
excess of $13,000,000. D
2. Additional Discounts - The Customer will receive an additional 32% discount, N
each month, in lieu of the discounts specified for the AT&T SDN International
Term Plan (ITP) in AT&T Tariff F.C.C. No. 1. This discount will be applied in
the same manner as the ITP as specified in AT&T Tariff F.C.C.
No. 1, as amended from time to time.
No discount will apply for any Gross Monthly International SDN Services Usage in
excess of $2,400,000. N
Printed in U.S.A.
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AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs Original Page 6.1
Bridgewater, NJ 08807
Issued: December 20, 1996 Effective: December 21, 1996
** All material on this page is new. **
5. Discounts (continued)
B. AT&T DNS Discounts - The following discounts for AT&T DNS are applied to AT&T
DNS usage charges in the billing month in which the AT&T DNS charges are billed.
1. Base Discounts - The following discounts will be applied monthly using the
same method as specified in Section 6.12. of AT&T Tariff F.C.C. No. 1 (Method Of
Determining Discount).
(a) The Customer will receive the following discounts, each month, on all
domestic direct dialed (1+) AT&T DNS monthly usage charges.
0% discount on the amounts over $0 up to $10,000.00
10% discount on the amounts over $10,000.00 up to $20,000.00
9% discount on the amounts over $20,000.00
(b) The Customer will receive the following discounts, each month, on
international direct dialed (1+) AT&T DNS monthly usage charges:
0% discount on the amounts over $0 up to $5,000.00
12% discount on the amounts over $5,000.00 up to $15,000.00
16% discount on the amounts over $15,000.00 up to $60,000.00
18% discount on the amounts over $60,000.00 up to $200,000.00
20% discount on the amounts over $200,000.00
2. Additional Discounts - None.
Printed in U.S.A.
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AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Page 7
Bridgewater NJ, 08807 Cancels Original Page 7
Issued: December 20, 1996 Effective: December 21, 1996
5. Discounts (continued)
C. AT&T MEGACOM Service T
1. Base Discounts
(a) The Customer will receive a 35.1% discount, each month, on domestic AT&T
MEGACOM Service usage.
(b) The Customer will receive one of the following discounts, each month, on all
AT&T MEGACOM Service International Calling Capability usage charges for that
month, based on the total Gross Monthly Usage Charges for AT&T MEGACOM Service
International Calling Capability, AT&T 800 Service-Canada, AT&T MEGACOM 800
Service-Canada, AT&T MEGACOM 800 Service-Mexico, AT&T MEGACOM 800
Service-Overseas, AT&T 800 READYLINE Service-Canada, AT&T 800 READYLINE
Service-Mexico, AT&T 800 READYLINE Service-Overseas, AT&T SDN International
Calling Capability, and AT&T GSDN Service.
Gross Monthly Usage Charges Discount
--------------------------- --------
At least $0 up to $1,500,000 5.0%
At least $1,500,000 up to $2,000,000 7.5%
At least $2,000,000 up to $3,000,000 10.0%
No discount will apply to any Gross Monthly Usage Charges in excess of
$3,000,000.
2. Additional Discounts - None.
D. AT&T 800 Services T
1. Base Discounts - The Customer will receive the following discounts as
specified below, each month, in lieu of those specified for the Customer
Specific Term Plan II (CSTP II) and the Revenue Volume Pricing Plan (RVPP) in
AT&T Tariff F.C.C. No. 2. These discounts will be applied in the same manner as
the CSTP II as specified in AT&T Tariff F.C.C. No. 2, as amended from time to
time.
(a) The Customer will receive one of the following discounts, each month, on all
AT&T 800 Services usage charges.
Gross Monthly AT&T MEGACOM 800
Service-Domestic, AT&T 800
READYLINE Service-Domestic,
and AT&T 800 Service-Domestic
Usage Charges Discount
------------- --------
At least $0 up to $2,000,000 0.0%
At least $2,000,000 up to $15,000,000 45.0%
No discount will apply to any Gross Monthly AT&T MEGACOM 800 Service-Domestic,
AT&T 800 READYLINE Service-Domestic and AT&T 800 Service-Domestic Usage Charges
in excess of $15,000,000.
2. Additional Discounts - None.
Printed in U.S.A.
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AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Page 8
Bridgewater, NJ 08807 Cancels Original Page 8
Issued: December 20, 1996 Effective: December 21, 1996
6. Classifications, Practices and Regulations
------------------------------------------
A. Except as otherwise provided in this Contract Tariff, the rates and
regulations that apply to the Services Provided specified in Section 1.,
preceding, are as set forth in the AT&T tariffs that are referenced in Section
1., preceding, as such tariffs are amended from time to time.
B. Monitoring Conditions - The Customer must satisfy the following Service
Requirements. The Service Requirement in 6.B.1.(e), 6.B.1.(f) and 6.B.1.(g) will
be monitored on each monthly anniversary of the CISD and the Monitoring Period
is the billing month immediately preceding each monthly anniversary of the CISD.
The Service Requirements in 6.B.1.(a), 6.B.1.(b), 6.B.1.(c) and 6.B.1.(d) will
be monitored at each six-month anniversary of the CISD, and the Monitoring
Period is the six billing months immediately preceding each six-month
anniversary of the CISD. The Service Requirement in 6.B.1.(h) will be monitored
at the six-month anniversary of the CISD, and the Monitoring Period is the first
six months of the Contract Tariff term.
1. AT&T SDN, AT&T DNS, AT&T MEGACOM and AT&T 800 Services N
(a) At least 95% of the total inbound and outbound interLATA services obtained
by the Customer and its Affiliates from common carriers (not including Customer
or its Affiliates) must be obtained by the Customer directly from AT&T,
including any future inbound and outbound interLATA services the Customer
obtains as a result of a merger or acquisition for which the Customer directly
or indirectly controls the choice of Interexchange Carrier. Services under
commitment to another Interexchange Carrier at the time of such merger or
acquisition shall not be subject to this provision for the term of such
commitment, unless the charges the Customer would incur to terminate such
commitment would be less than $10,000.
(b) No more than 40% of the Customer's total AT&T MEGACOM Service-International
Calling Capability minutes of use provided under this Contract Tariff may
terminate in Argentina.
(c) At least 60% of the Customer's AT&T MEGACOM Service minutes of use from
Customer Switches and Customer Premises at which AT&T MEGACOM Service is
provided under this Contract Tariff must be interstate.
Printed in U.S.A.
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AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Page 9
Bridgewater, NJ 08807 Cancels Original Page 9
Issued: December 20, 1996 Effective: December 21, 1996
6.B.1. AT&T SDN, AT&T DNS, AT&T MEGACOM and AT&T 800 Services (continued) N
(d) At least 50% of the Customer's AT&T SDN Services minutes of use from
Customer Switches and Customer Premises at which AT&T SDN Service is provided
under this Contract Tariff must be interstate.
(e) No more than 20% of the Customer's total Intrastate AT&T SDN Services
minutes of use from Customer Switches and Customer Premises at which AT&T SDN
Services are provided under this Contract Tariff may be generated in any one
state.
(f) No more than 13% of the Customer's total Intrastate AT&T SDN Services
minutes of use from Customer Switches and Customer Premises at which AT&T SDN
Services are provided under this Contract Tariff may be from the following group
of states: Colorado, Idaho, Maine, Minnesota, Montana, Nebraska, New Mexico,
North Dakota, Rhode Island, South Dakota, Utah and Vermont.
(g) At least 20% of the Customer's total Intrastate AT&T SDN Services minutes of
use from Customer Switches and Customer Premises at which AT&T SDN Services are
provided under this Contract Tariff must be from the following group of states:
California, Illinois, Michigan, Massachusetts and New Jersey.
(h) By the end of the sixth month of the Contract Tariff term, the Customer must
have placed service orders for the installation of service under this Contract
Tariff at locations not currently served by AT&T that the Customer demonstrates
will generate monthly charges under this Contract Tariff of at least $333,333.
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If the Customer, during the Monitoring Period, has failed to satisfy the Service
Requirement in 6.B.1.(a), the Customer will be billed an amount equal to 15% of
the Customer's total billed usage charges for the AT&T SDN, AT&T DNS, AT&T
MEGACOM and AT&T 800 Services, after the application of the Discounts in Section
5., preceding, for that Monitoring Period. If the Customer, during the N
Monitoring Period, has failed to satisfy the Service Requirement in 6.B.1.(b),
the Customer will be billed an amount equal to $0.08 per minute for each minute
of such use above the 40%. If the Customer, during the Monitoring Period, has
failed to satisfy the Service Requirement in 6.B.1.(c), the Customer will be
billed an amount equal to .351 multiplied by the total undiscounted usage
charges for AT&T MEGACOM service for that Monitoring Period in excess of the 60%
threshold. If the Customer, during the Monitoring Period has failed to satisfy
the Service Requirement in 6.B.1.(d), the Customer will be billed an amount
equal to .465 multiplied by the total undiscounted usage charges for AT&T SDN
services for that Monitoring Period in excess of the 50% threshold. If the
Customer has failed to satisfy the Service Requirement in 6.B.1.(e) for any two
consecutive Monitoring Periods, the Customer will be billed, for each state
Printed in U.S.A.
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AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Page 10
Bridgewater, NJ 08807 Cancels Original Page 10
Issued: December 20, 1996 Effective: December 21, 1996
6.B.1. AT&T SDN, AT&T DNS, AT&T MEGACOM and AT&T 800 Services (continued) N
for which the 20% threshold is exceeded, an amount equal to $0.20 multiplied by
the Customer's total Intrastate AT&T SDN Services minutes of use from Customer
Switches and Customer Premises at which AT&T SDN Services are provided under
this Contract Tariff generated in that state in excess of the 20% threshold. If
the Customer has failed to satisfy the Service Requirement in 6.B.1.(f) for any
two consecutive Monitoring Periods, the Customer will be billed an amount equal
to $0.20 multiplied by the Customer's total Intrastate AT&T SDN Services minutes
of use from Customer Switches and Customer Premises at which AT&T SDN Services
are provided under this Contract Tariff from the specified group of states in
excess of the 13% threshold. If the Customer has failed to satisfy the Service
Requirement in 6.B.1.(g) for any two consecutive Monitoring Periods, the
Customer will be billed an amount equal to $0.20 multiplied by the Customer's
total Intrastate AT&T SDN Services minutes of use from Customer Switches and
Customer Premises at which AT&T SDN Services are provided under this Contract
Tariff from the specified group of states by which the Customer failed to meet
the 20% minimum requirement. In calculating any charges due for failure to meet
the Service Requirements 6.B.1.(e), 6.B.1.(f), and 6.B.1.(g), the Customer will
not be required to pay more than once for a failure to meet any one such Service
Requirement in a given Monitoring Period (i.e., it the Customer fails to meet a
Service Requirement for three consecutive Monitoring Periods, the Customer will
be billed only once with respect to the failure to meet the Service Requirement
in the second month). If the Customer, during the Monitoring Period, has failed
to satisfy the Service Requirement in 6.B.1.(h), the AT&T MEGACOM 800 Service
and AT&T 800 READYLINE Service base discount pursuant to section 5.C.1.(a),
preceding, for Gross Monthly AT&T MEGACOM 800 Service-Domestic and AT&T 800
READYLINE Service-Domestic usage on amounts of at least $2,000,000 up to
$15,000,000 will be decreased from 45% to 42% for the remainder of the Contract
Tariff Term. Any charge for amounts billed under this section must be paid by
the Customer within 30 days.
C. Promotions, Credits and Waivers
The Customer is ineligible for any promotions, credits or waivers for the
Services Provided under this Contract Tariff, which are filed or which may be
filed in the AT&T tariffs specified in Section 1., preceding.
The following credits and waivers will be applied to the Customer's bill for the
Services Provided under this Contract Tariff. If the sum of all credits applied
in the final month of service under this Contract Tariff exceeds the amount of
the Customer's final bill, the amount in excess will be refunded to the
Customer. If at the end of the Contract Tariff Term the Customer has not fully
used any or all of the waiver(s) specified in this Section, the residual value
of any such waiver(s) will be set to zero and will not be applied to any other
AT&T services.
Printed in U.S.A.
<PAGE>
AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Page 11
Bridgewater, NJ 08807 Cancels Original Page 11
Issued: December 20, 1996 Effective: December 21, 1996
** All material on this page is new. **
6.C. Promotions, Credits and Waivers (continued)
1. AT&T MEGACOM Service, AT&T SDN Service and AT&T 800 Services N
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(a) AT&T will waive the Nonrecurring Installation Charges for AT&T Primary
Rate Interface (PRI) Office Functions; AT&T Terrestrial 1.544 Mbps Local
Channels, associated AT&T ACCUNET T1.5 Service Access Connections, and Access
Coordination Functions (ACF). Also, AT&T will reimburse the Customer for any
other vendor's Nonrecurring Charges for obtaining access comparable to
Terrestrial 1.544 Mbps Local Channels (not to exceed charges specified in AT&T
Tariff F.C.C. No. 11), and waive the Nonrecurring Charge for the ACF and the
AT&T Tariff F.C.C. No. 9 Access Connection Charge. Such Local Channels and AT&T
PRI must: (1) be used with the AT&T MEGACOM Service, AT&T SDN Service and/or the
AT&T MEGACOM 800 Service-Domestic provided under this Contract Tariff (2) for
the Local Channels, not be connected to an Office Function (except for AT&T PRI
Office Functions). If any of these Local Channels are connected to an Office
Function, AT&T will bill the Customer for the amount of the Installation Charges N
that had been waived under this section for each Local Channel connected to an
Office Function (except for AT&T PRI Office Functions). The maximum amount of
waived Nonrecurring Installation Charges shall not exceed $200,000.
(b) AT&T will reimburse the Customer the local exchange company Carrier Change N
Charge up to a maximum of $5.00 for each local exchange service access line
converted, subject to a maximum reimbursement of $750,000 in any billing month;
any excess may not be carried into following months and the Customer must
provide evidence of all charges incurred in order to qualify for the
reimbursement. There is an allowance of two reimbursements per local exchange
company service access line for SDN. The reimbursed charge(s) will be a credit
applied to the Customer's future SDN usage charges.
(c) AT&T will provide a monthly credit in the amount of $200 per AT&T PRI Office
Function utilized by the Customer. The maximum amount of the monthly credit will
be $10,000. N
(d) AT&T will waive the Service Establishment Charge, not to exceed a total of
$10,000 for the Contract Tariff Term for the AT&T MEGACOM Service provided under
this Contract Tariff and AT&T will waive the Service Establishment Charges for
new AT&T MEGACOM 800 Service-Domestic Routing Arrangements.
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2. AT&T MEGACOM Service
(a) For the first through eighteenth months of the term, AT&T will apply a
monthly credit, not to exceed $250,000 per month, equal to: (1) the total billed
usage charges for AT&T MEGACOM Service International Calling Capability which
terminates in Mexico, after the application of the Discounts in Section 5.B.,
preceding, in the month for which the credit is to be applied, minus (2) $0.475
multiplied by the Customer's total minutes of use for AT&T MEGACOM Service
International Calling Capability which terminates in Mexico for that same month.
Printed in U.S.A.
<PAGE>
AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs Original Page 11.1
Bridgewater, NJ 08807
Issued: December 20, 1996 Effective: December 21, 1996
** All material on this page is new. **
6.C. Promotions, Credits and Waivers (continued)
3. AT&T DNS Service
(a) AT&T will reimburse the Customer the local exchange company Carrier Change
Charge up to a maximum of $5.00 for each local exchange service access line
converted, subject to a maximum reimbursement of $5,000 in any billing month;
any excess may not be carried into following months and the Customer must
provide evidence of all charges incurred in order to qualify for the
reimbursement. There is an allowance of two reimbursements per local exchange
company service access line for SDN. The reimbursed charge(s) will be a credit
applied to the Customer's future SDN or DNS usage charges.
(b) AT&T will apply a credit to the Customer's DNS bill, each month, for all
domestic DNS Direct Dial (1+) usage charges in the billing month following the
initial application of the discounts in Section 5.B.1.(a), preceding, in an
amount, not less than zero, equal to: (a) the Customer's total undiscounted
domestic DNS Direct Dial (1+) usage charges from such locations for the
preceding month multiplied by 43%, minus (b) the previously applied DNS
discounts under Section 5.B.1.(a), preceding, for such usage in that month.
(c) AT&T will apply a credit, each month, in an amount not less than zero, equal
to (a) the Customer?s total billed interstate usage charges during the preceding
month, after the application of the previously applied DNS discounts under
Section 5.B.1.(a), preceding, and the credit specified in Section 6.3.C (b),
preceding, minus (b) the number of minutes for AT&T DNS interstate service usage
during the preceding month multiplied by (c) $0.105.
(d) AT&T will apply a credit, each month, equal to 38% of the Customer's
international direct dial (1+) AT&T DNS billed usage charges, after the discount
specified in Section 5.B.1.(b), preceding. This credit will be applied to the
Customer's DNS bill in the 1st billing month following the month in which the
international direct dial (1+) AT&T DNS usage charges, after the discount
specified in Section 5.B.1.(b), preceding, has been applied, were incurred.
Printed in U.S.A.
<PAGE>
AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Page 12
Bridgewater, NJ 08807 Cancels Original Page 12
Issued: December 20, 1996 Effective: December 21, 1996
6. Classifications, Practices and Regulations (continued)
D. Discontinuance - In lieu of any Discontinuance With or Without Liability
provisions that are specified in AT&T Tariff F.C.C. Nos. 1 and 2, the following
provisions shall apply.
1. The Customer may discontinue this Contract Tariff:
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(a) effective at the end of the 18th month following the CISD, provided the
Customer provides at least 30 days prior written notice of discontinuance; is
current in payment to AT&T for all telecommunication services; and has generated
at least $120,000,000 in usage charges, after the application of the Discounts
as specified in Section 5., preceding, for the AT&T SDN Services, AT&T DNS C
Service, AT&T MEGACOM Service including the International Calling Capability and
the AT&T 800 Services provided under this Contract Tariff (including at least N
$15,000,000 in usage charges for the AT&T 800 Service-Canada, AT&T MEGACOM 800
Service-Canada, AT&T MEGACOM 800 Service-Mexico, AT&T MEGACOM 800
Service-Overseas, AT&T 800 READYLINE Service-Canada, AT&T 800 READYLINE
Service-Mexico, AT&T 800 READYLINE Service-Overseas, AT&T 800 READYLINE
Service-Puerto Rico and the U.S. Virgin Islands, AT&T MEGACOM Service
International Calling Capability, AT&T SDN International Calling Capability, and
AT&T GSDN Service provided under this Contract Tariff); or
(b) prior to the 18th month following the CISD, provided the Customer replaces
the Services Provided under this Contract Tariff:
I. with service under a new AT&T Contract Tariff having all of the following
characteristics: (i) revenue commitment(s) equal to or greater than an average
of at least $7,500,000 per month; (ii) a new term of at least the difference
between 18 months and the number of months the Customer was in this Contract C
Tariff; and (iii) having the same Service Requirement as specified in Section
6.B.1.(a), preceding, or
II. with service under a new contract entered into between AT&T and the
Customer for the provision of telecommunications service by AT&T to the Customer
having all of the following characteristics: (i) revenue commitment(s) equal to
or greater than an average of at least $7,500,000 per month; (ii) a new term of
at least the difference between 18 months and the number of months the Customer
was in this Contract Tariff; and (iii) having the same Service Requirement as C
specified in Section 6.B.1.(a), preceding.
If the Customer discontinues this Contract Tariff pursuant to this Section
6.D.1.(b), the Customer will also be billed an amount equal to the difference
between: (i) the MRC for the Commitment Period in which the Customer
discontinues divided by the number of months in the Commitment Period, times the
number of months the Customer was in this Contract Tariff for that Commitment
Period and (ii) the actual usage charges, after the application of the Discounts
as specified in Section 5., preceding, incurred in that Commitment Period for
the AT&T SDN Services, AT&T DNS Service, AT&T MEGACOM Service including the
International Calling Capability and the AT&T 800 Services, provided the amount
in (ii) is less than the amount in (i). N
N
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Printed in U.S.A.
<PAGE>
AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Page 13
Bridgewater, NJ 08807 Cancels Original Page 13
Issued: December 20, 1996 Effective: December 21, 1996
6.D. Discontinuance (continued)
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If the Customer discontinues this Contract Tariff for any reason other than
specified above, prior to the expiration of the Contract Tariff Term,
Termination Charges will apply. The Termination Charge for the AT&T SDN
Services, AT&T DNS Service, AT&T MEGACOM Service including the International
Calling Capability and the AT&T 800 Services will be an amount equal to: (1) the
MRC for the Commitment Period in which the Customer discontinues minus the N
actual usage charges, after the application of the Discounts as specified in
Section 5., preceding, incurred in that Commitment Period for the AT&T SDN
Services, AT&T MEGACOM Service including the International Calling Capability
and the AT&T 800 Services, provided the actual usage charges, are less than the
MRC for that Commitment Period and (2) 100% of the MRCs for each remaining year
of the Contract Tariff Term.
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E. Other Requirements
1. Use of Services Provided for Resale or Shared Use - When the Services
Provided under this Contract Tariff are resold or shared, the Customer may
advise its User that a portion of the Customer's service is provided by AT&T.
However, the Customer shall not publish or use any advertising, sales
promotions, press releases or other publicity matters which use AT&T's corporate
or trade names, logos, trademarks, service marks, trade dress, or other symbols
that serve to identify and distinguish AT&T from its competitors (or which use
confusingly similar corporate or trade names, logos, trademarks, service marks,
trade dress or other symbols), and the Customer may not conduct business under
AT&T's corporate or trade names, logos, trademarks, service marks, trade dress,
or other symbols that serve to identify and distinguish AT&T from its
competitors (or under any confusingly similar corporate or trade names, logos,
trademarks, service marks, trade dress or other symbols), except to the limited
extent as is permissible under contract or applicable law.
If AT&T finds that the Customer, in connection with its resale of the Services
Provided under this Contract Tariff, is using AT&T's corporate or trade names,
logos, trademarks, service marks, trade dress or other symbols that serve to
identify and distinguish AT&T from its competitors, in a manner inconsistent
with the provisions specified above, AT&T shall provide reasonable notice of
such inconsistent use to the Customer. If the Customer fails, within 30 days
after the receipt of such notice, to substantiate to AT&T that such inconsistent
use has ended or has been corrected, the Discounts specified in Section 5.,
preceding, will not apply until such time as the inconsistent use has ended or
has been corrected and substantiated to AT&T. Any such suspension of the
Discounts specified in Section 5., preceding, shall not relieve the Customer
from its obligations to comply with any other conditions contained in this
Contract Tariff, including the Minimum Revenue Commitments. If it is finally
determined by adjudication (or, if agreed by AT&T and the Customer, by
arbitration) that AT&T's initial finding of an inconsistent use was in error,
then the Customer shall receive a credit equal to the amount of the discounts
that were not applied as a result of AT&T's initial finding, and AT&T's initial
finding will have no further effect.
Printed in U.S.A.
<PAGE>
AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs Original Page 14
Bridgewater, NJ 08807
Issued: October 31, 1996 Effective: November 1, 1996
**All material on this page is new**
6.E.1. USE OF SERVICES PROVIDED FOR RESALE OR SHARED USE (CONTINUED)
The Customer shall take such steps as are reasonably possible to ensure that no
other Carrier to which the Customer directly or indirectly resells the Services
Provided under this Contract Tariff, takes any action that, if done directly by
Customer, would violate this Section 6.E.1., and if such other Carrier does take
such actionm the Customer shall take such steps as are reasonbly possible to
cause the inconsistent use by such other Carrier to be ended or corrected, to
AT&T's reasonable satisfaction.
If AT&T finds that the Customer has failed to take such action as is required
pursuant to the preceding paragraph, AT&T shall provide reasonable notice of
such failure to the Customer. If the Customer fails, within 30 days after the
receipt of such notice, to substantiate to AT&T that the inconsistent use by the
other Carrier has ended or has been corrected or the Customer has taken the
steps required under the preceding paragraph. The Discounts specified in Section
5., preceding, will not apply, with respect to the billing partition that
includes such other Carrier, until such time as the Customer has substantiated
to AT&T that it has taken the required steps. Any such suspension of the
Discounts specified in Section 5., preceding, shall not relieve the Customer
from its obligations to comply with any other conditions contained in this
Contract Tariff, including the Minimum Revenue Commitments. If it is finally
determined by adjudication (or, if agreed by AT&T and the Customer, by
arbitration) that AT&T's initial finding of a failure by Customer to take
required steps was in error, then the Customer shall receive a credit equal to
the amount of the discounts that were not applied as a result of AT&T's initial
finding, and AT&T's initial finding will have no further effect.
2. The Vertical Features of AT&T Tariff F.C.C. No. 2, Section 3.3.2.L are not
available for use with the Services Provided under this Contract Tariff when an
entity other than AT&T is the Resp Org.
3. Beginning February 1, 1997, the bills for the Services Provided under
this Contract Tariff will be sent to one Customer Premises designated
by the Customer.
Printed in U.S.A.
<PAGE>
AT&T COMMUNICATIONS CONTRACT TARIFF NO. 5776
Adm. Rates and Tariffs 1st Revised Page 15
Bridgewater, NJ 08807 Cancels Original Page 15
Issued: December 20, 1996 Effective: December 21, 1996
6. Classifications, Practices and Regulations (continued)
F. Availability - This Contract Tariff was developed pursuant to a contract with
an Interexchange Carrier Customer who: (1) will order this Contract Tariff only
once, either by the Customer or any Affiliate of the Customer, which is any
entity that owns a controlling interest in either the Customer or an Affiliate
of the Customer, or any entity in which a controlling interest is owned by
either the Customer or an Affiliate of the Customer; (2) as of the time the
Customer orders service, has obtained required operating authority in the states
in which it conducts business and files tariffs, when required by law, with
state and federal authorities; (3) as of the time the Customer orders service,
has been assigned its own Carrier Identification Code by the code administrator,
which code is used by one or more Local Exchange Carriers to route calls
originated by an end user on a 1+ basis to each Customer Switch as defined in
Section 4.B., preceding; (4) has incurred at least $10,000,000 in AT&T Private
Line Services, applicable to Contract Tariffs, during the 12-months immediately
preceding the date the Customer orders this Contract Tariff; (5) has incurred at
least $55,000,000 in AT&T SDN Services and AT&T 800 Services, applicable to
Contract Tariffs, during the 12-months immediately preceding the date the
Customer orders this Contract Tariff; and (6) provides service as a Common
Carrier to at least 300,000 locations. This Contract Tariff is available to any
similarly situated Customer who ordered service in a previous availability
period or who orders service within 30 days after December 21, 1996 for initial
installation of the Services Provided under this Contract Tariff within 30 days
after the date ordered.
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G. Abuse of the Services - Willfully using the Services to carry calls that
originate on the network of a facilities-based Interexchange carrier other than
AT&T or the Customer or an Affiliate of the Customer and terminate
disproportionately to locations for which the incumbent Local Exchange Carrier?s
rate for terminating switched access is higher than $0.049 per minute
constitutes abuse of service. In the event that AT&T believes in good faith that C
such abuse is occurring, AT&T will provide written notice of such abuse to
Customer, including as much detail as is reasonably sufficient to enable
Customer to investigate the matter. If, within five (5) business days after its C
receipt of such notice, the abuse has not ended, or Customer has not
demonstrated to AT&T?s reasonable satisfaction that the abuse is not in fact
occurring, AT&T may terminate, restrict, or suspend Service to the location(s),
and only the location(s) at which such abuse is occurring. This section applies
in addition to any other provision of the tariffs referenced in Section 1.,
preceding, that may apply with respect to abuse of service.
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Printed in U.S.A.