Mpower Communications Corp.2nd Revised P.U.C. Schedule D-1
d/b/a TelePacific Communications7th Revised Sheet A
515 Flower Street, 47th FloorCanceling 6thRevised Sheet A
Los Angeles, CA 90071
U-5859-CRULES AND REGULATIONS
CHECK SHEET
This tariff contains the following sheets, each of which is effective on the date shown at the bottom of each sheet. The sheets named below are currently in effect as of the date on the bottom of this sheet.
Sheet No.Revision
A7th Revised*
B2nd Revised*
C2nd Revised
DOriginal
E1st Revised*
Section 1
1-1Original
1-2Original
1-3Original
1-4Original
1-5Original
1-6Original
1-7Original
1-8Original
1-9Original
1-10Original
1-11Original
1-12Original
1-13Original
1-14Original
1-151st Revised
1-16Original
1-172ndRevised
1-18Original
1-192nd Revised
1-20Original
1-21Original
1-22Original
1-23Original
1-24Original
1-25Original
1-26Original
1-27Original
1-28Original
1-293rd Revised
*Sheets revised or added by this Advice Letter
Advice Letter No. 412 Issued By Date Filed: July 22, 2011
Nancy Lubamersky Effective:July 23, 2011
Decision No. VP – Public PolicyResolution No. T-17314
Mpower Communications Corp.2nd Revised P.U.C. Schedule D-1
d/b/a TelePacific Communications2nd Revised Sheet B
515 Flower Street, 47th FloorCanceling 1st Revised Sheet B
Los Angeles, CA 90071
U-5859-CRULES AND REGULATIONS
CHECK SHEET (CONT’D)
Sheet No.Revision
Section 1 (Cont’d)
1-30Original
1-31Original
1-321st Revised
1-33Original
1-34Original
1-35Original
1-36Original
1-37Original
1-38Original
1-39Original
1-40Original
1-41Original
1-42Original
1-43Original
1-44Original
1-45Original
1-46Original
1-47Original
1-48Original
1-49Original
1-50Original
1-51Original
1-52Original
1-53Original
1-541st Revised*
1-551st Revised*
1-55.1Original*
1-56Original
1-57Original
Advice Letter No. 412 Issued By Date Filed: July 22, 2011
Nancy Lubamersky Effective:July 23, 2011
Decision No. VP – Public PolicyResolution No. T-17314
Mpower Communications Corp.2nd Revised P.U.C. Schedule D-1
d/b/a TelePacific Communications2nd Revised Sheet C
515 Flower Street, 47th FloorCanceling 1st Revised Sheet C
Los Angeles, CA 90071
RULES AND REGULATIONS
TABLE OF CONTENTS
Sheet
Check SheetsA
Table of ContentsC
1.RULES AND REGULATIONS1-1
1.1Rule 1 - Definitions 1-1
1.2Rule 2 - Description of Service1-8
1.3Rule 3 - Application for Service1-9
1.3.1Initiation of Service1-9
1.3.2Initial Service Periods1-10
1.3.3Business Service1-10
1.4Rule 4 - Contracts1-11
1.5Rule 5 - Special Information Required on Forms1-12
1.5.1Customer Bills1-12
1.6Rule 6 - Credit1-13
1.7Rule 7 - Deposits1-14
1.7.1Deposits1-14
1.7.2Advanced Payment1-14
1.8Rule 8 - Notices1-14
1.8.1Rate Information1-14
1.8.2Discontinuance of Service Notice1-14
1.9Rule 9 - Payment1-17
1.9.1Local Exchange Service1-17
1.9.2Toll Service1-17
1.9.3Collect, Third Party or Credit Card Billing, or Operator Assisted
Billing Minutes of Use Calls1-18
1.9.4Late Payment Charge1-18
1.9.5Non-Sufficient Funds Checks1-19
1.9.6Payment Processing Fee1-19(N)
1.9.7Reserved for Future Use1-19
1.9.8Deferred Payment Arrangement1-20
1.9.9Cancellation of Application for Service1-20
1.9.10Taxes1-20
1.10Rule 10 - Disputed Bills1-21
1.11Rule 11 - Discontinuance and Restoration of Service1-22
1.11.1Service May Be Discontinued for Nonpayment of Bills Provided1-22
1.11.2Annoyance, Abuse and Fraud1-22
1.11.3Residence Service and Other Provisions1-22
Advice Letter No. 391 Issued By Date Filed: April 25, 2007
Nancy Lubamersky Effective:April 26, 2007
Decision No. VP – Public PolicyResolution No. ______
Mpower Communications Corp.2nd Revised P.U.C. Schedule D-1
d/b/a TelePacific CommunicationsOriginal Sheet D
515 Flower Street, 47th Floor
Los Angeles, CA 90071
RULES AND REGULATIONS
TABLE OF CONTENTS
1.RULES AND REGULATIONS (CONT’D)
1.12Rule 12 - Optional Rates and Information Provided to the Public1-24
1.13Rule 13 - Temporary Service1-25
1.14Rule 14 - Continuity of Service1-26
1.15Rule 15 - Extensions1-27
1.16Rule 16 - Service Connections and Facilities on Customer’s Premises1-28
1.16.1Service Connection Charges1-28
1.16.2Shortage of Equipment or Facilities1-31
1.16.3Prohibited Uses1-31
1.16.4Non-Routine Maintenance1-32
1.16.5Special Construction1-33
1.16.6Station Equipment1-33
1.16.7Obligations of the Customer1-34
1.16.8Limitation of Liability1-37
1.17Rule 17 - Measurement of Service1-43
1.17.1Timing of Calls1-43
1.17.2Calculation of Distance1-43
1.18Rule 18 - Tests and Adjustment of Bills for Error1-44
1.18.1Testing and Adjusting1-44
1.18.2Inspections1-44
1.19Rule 19 - Supply to Separate Premises and Resale1-45
1.19.1Interconnection Provisions1-45
1.19.2Joint Use Arrangements1-45
1.19.3Ownership of Facilities1-45
1.19.4Rights-of-Way1-45
1.19.5Services Provided by Other Carriers1-46
1.19.6Governmental Authorizations1-46
1.19.7Moves, Adds and Changes1-47
1.20Rule 20 - Termination of Service After Temporary Disconnection 1-48
1.21Rule 21 - Provision and Ownership of Directories1-49
1.21.1Provisions1-49
1.22Rule 22 - Provision and Ownership of Telephone Numbers1-50
1.23Rule 23 - Change of Service Provider1-51
1.23.1Solicitation of Customer Authorization for Service Termination
and Transfer1-51
1.23.2Unauthorized Service Termination and Transfer (Slamming)1-51
1.23.3Local Number Portability1-51
1.24Rule 24 - Privacy 1-52
Advice Letter No. 378 Issued By Date Filed: September 1, 2006
Nancy Lubamersky Effective:October 1, 2006
Decision No. VP – Public Policy Resolution No. ______
Mpower Communications Corp.2nd Revised P.U.C. Schedule D-1
d/b/a TelePacific Communications1st Revised Sheet E
515 Flower Street, 47th FloorCanceling Original Sheet E
Los Angeles, CA 90071
U-5859-CRULES AND REGULATIONS
TABLE OF CONTENTS
1.RULES AND REGULATIONS (CONT’D)
1.25Rule 25 - Limitation of Toll Calls and Blocking Access to 900
and 976 Information Services1-53
1.26Rule 26 - California Teleconnect Fund1-54
1.26.1 Schools and Libraries1-54
1.26.2 Hospitals and Health Clinics1-54
1.26.3 Community Based Organizations (CBOs)1-55
1.26.4How Discounts are Applied1-55(N)
1.27Rule 27 – Demarcation Point of Services1-56
1.28Rule 28 – Facilities to Provide Replacement of Aerial with
Underground Facilities1-57
Advice Letter No. 412 Issued By Date Filed: July 22, 2011
Nancy Lubamersky Effective:July 23, 2011
Decision No. VP – Public PolicyResolution No. T-17314
Mpower Communications Corp.2nd Revised P.U.C. Schedule D-1
d/b/a TelePacific CommunicationsOriginal Sheet 1-1 T
515 Flower Street, 47th Floor
Los Angeles, CA 90071
RULES AND REGULATIONS
1.RULES AND REGULATIONS
1.1Rule 1 – Definitions
Certain terms used generally throughout this tariff for Telecommunications Service of this Company are defined below.
Access Lines: A Telephone facility which permits access to and from both the Customer’s premises and the telephone exchange or serving central office.
Additional Listing: Any listing of a name or other authorized information in connection with a Customer’s telephone number in addition to that which is entitled in connection with his regular service.
Agent: A business representative, whose function is to bring about, modify, affect, accept performance of, or terminate contractual obligations between the Company, its applicants or Customers.
Applicant: A person who applies for telecommunications service. Includes persons seeking reconnection of their service after Company-initiated termination.
Application: A request made orally or in writing for telephone service.
Authorized User: A person, firm or corporation who is authorized by the Company to be connected to the service of the Customer or joint user.
Auxiliary Line Service: Auxiliary line service is additional individual line service furnished to supplement the main individual line service of a Customer.
Building: A structure under one roof and of such a nature that it can in itself fulfill the requirements of a business establishment; or two or more structures that are connected by means of enclosed passageways (overhead bridges, subways, or a ground level) or common basements, permitting access from one building to the other, that are suitable for the routing, placing, and proper protection of inside cable and wire type facilities. In no case can conduit be considered an enclosed passageway.
Business Service: Determination as to whether or not Customer’s service should be classified as Business will be based on the character or use to be made of the service. The practice of advertising a telephone number in newspapers, business cards, or on trucks shall be a contributing, but not an exclusive factor in determining the classification of service. Service will be classified as Business service where the use is primarily or substantially of a business, professional, institutional, or otherwise occupational nature.
Advice Letter No. 378 Issued By Date Filed: September 1, 2006
Nancy Lubamersky Effective:October 1, 2006
Decision No. VP – Public PolicyResolution No. ______
Mpower Communications Corp.2nd Revised P.U.C. Schedule D-1
d/b/a TelePacific CommunicationsOriginal Sheet 1-2 T
515 Flower Street, 47th Floor
Los Angeles, CA 90071
RULES AND REGULATIONS
1.RULES AND REGULATIONS - (CONT’D)
1.1Rule 1 – Definitions - (Cont’d)
Call (Toll) Restriction: Enables a Customer, by means of Operator identification and/or
screening to restrict toll calls from station users to only those calls which are charged to the called telephone or a calling card account. Prevents incoming collect calls from billing to
the Customer.
Central Office: A switching unit in a telephone system which provides service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting Customer lines and trunks or trunks only. There may be more than one central office in a building or exchange.
Class of Service: The categories of service generally available to the Customer, such as business and Centrex services.
Commission: The Public Utilities Commission of the State of California.
Company: Mpower Communications Corp. (Mpower), d/b/a TelePacific Communications..
Competitive Local Carrier (CLC): A common carrier that is issued a Certificate of Public Convenience and Necessity after the effective date of Decision 95-07-054, to provide local exchange telecommunications service for a geographic area specified by such carrier within the State of California.
Completed Call or Telephonic Communication: A call, or other telephonic communication, originated by a person or mechanical/electrical device from a number to another number which is answered by a person or mechanical/electrical device. The numbers may be located any distance apart within California; and the communication may consist of voice, data, the combination of both, or other transmission via a wire or wireless medium; and may be for any duration of time.
Construction Charge: A separate non-recurring charge made for the construction of facilities in excess of those contemplated under the rates quoted in this tariff.
Consumer Affairs Branch (CAB): The Consumer Affairs Branch of the California Public Utilities Commission.
Continuous Property: Continuous property is defined as plot of ground, together with any buildings thereon, occupied by the Customer; which is not separated by public thoroughfares or by property occupied by others.
Contract: The agreement between a Customer and the Company under which service and facilities are furnished in accordance with the applicable provisions of the Tariffs.
Advice Letter No. 378 Issued By Date Filed: September 1, 2006
Nancy Lubamersky Effective:October 1, 2006
Decision No. VP – Public Policy Resolution No. ______
Mpower Communications Corp.2nd Revised P.U.C. Schedule D-1
d/b/a TelePacific CommunicationsOriginal Sheet 1-3 T
515 Flower Street, 47th Floor
Los Angeles, CA 90071
RULES AND REGULATIONS
1.RULES AND REGULATIONS - (CONT’D)
1.1Rule 1 – Definitions - (Cont’d)
Cost: The cost of labor and materials, which includes appropriate amounts to cover the Company’s general operating and administrative expenses.
Customer: The person, firm or corporation who orders service and is responsible for the payment of charges and compliance with the terms and conditions of this tariff.
Customer-Provided Equipment: All communications systems, devices, apparatus and their associated wiring, provided by Customer.
Date of Presentation: Postmark date on billing or notice envelope.
Dedicated: A facility or equipment system or subsystem set aside for the sole use of a specific customer.
Demarcation Point (D-Mark) : The Minimum Point of Presence.
Directory Listing: A publication in the Incumbent LEC’s alphabetical directory of information relative to a Customer’s name or other identification and telephone number.
Disconnect Notice: The written notice sent to a Customer following billing, notifying the customer that service will be discontinued if charges are not satisfied by the date specified on the notice.
End Office: The term “end office” denotes the LEC switching system office or serving wire center where Customer station loops are terminated for purposes of interconnection to each other and/or to trunks.
Exchange: A geographical area established for the administration of telephone service in a specified area, called the “Exchange Area”, which usually embraces a city, town or village, and its environs. It may contain one or more central offices together with the associated plant, equipment and facilities used in furnishing communication service within that area.
Exchange Area: The area within which the telephone company furnishes complete telephone service from one specific exchange at the exchange rates applicable within that area. The Exchange Areas of at&t and Verizon also are referred to herein as the “ServiceTerritory” of these carriers.
Flat Rate Service: Unlimited calling privileges to or within a specified area furnished at a fixed periodic charge.
Formal Complaint: A formal charge that the Company has violated the Public Utilities Code or some order or regulation of the Commission. The complaint must be in writing, be in accordance with the Commission’s Rules of Practice and Procedure and made under oath. The proceeding ordinarily requires public hearing and a Commission decision.
Advice Letter No. 378 Issued By Date Filed: September 1, 2006
Nancy Lubamersky Effective:October 1, 2006
Decision No. VP – Public PolicyResolution No. ______
Mpower Communications Corp.2nd Revised P.U.C. Schedule D-1
d/b/a TelePacific CommunicationsOriginal Sheet 1-4 T
515 Flower Street, 47th Floor
Los Angeles, CA 90071
RULES AND REGULATIONS
1.RULES AND REGULATIONS - (CONT’D)
1.1Rule 1 – Definitions - (Cont’d)
Individual Case Basis: A service arrangement in which the regulations, rates and charges are developed based on the specific circumstances of the case.
Informal Complaint: Informal request for assistance made to the Commission’s Consumer Affairs Branch (CAB) with supporting documentation concerning the Company’s service, rates or other matters. CAB staff investigates and tries to arrive at an informal adjustment without public hearing or Commission order. Informal complaint files are not available for public inspection.
Installation Charge: A non-recurring charge made at the time of installation of communications service which may apply in place of or in addition to service charges and other applicable charges for service or equipment.
LATA: A Local Access and Transport Area established pursuant to the Modification of Final Judgment entered by the United States District Court for the District of Columbia in Civil Action No. 82-0192; or any other geographic area designated as a LATA in the National Exchange Carrier Association, Inc. Tariff F.C.C. No. 4.
LEC: LEC (local exchange company) refers to the dominant monopoly local exchange carrier in an area also served by the Company, e.g., at&t or Verizon.
Local Exchange Service: The Service provided to Business end user customers described
in Section 1 of this tariff and provided pursuant to the rates, terms and conditions of service set forth herein, other than InterLATA and IntraLATA Toll, and witched Access Telecommunication Services as described herein.
Local Service Area: That area throughout which a Customer of local exchange service obtains telephone service without the payment of a toll charge. A local service area may consist of one, or more than one, central office areas.
Local Telephone Number Portability: The ability of end users to retain their existing telephone numbers when remaining at a location, or changing their location within the geographic area served by the initial carrier’s serving central office, regardless of the Local Service Provider.
Loop: A circuit between the MPOP and a port on the carrier’s switch (which may or may not be the switch of the Company) where the switch is used for the provision of Local Exchange Service.
Maintenance Visit Charge: A charge applied when the location of reported trouble is found to be in Customer provided equipment.
Advice Letter No. 378 Issued By Date Filed: September 1, 2006
Nancy Lubamersky Effective:October 1, 2006
Decision No. VP – Public PolicyResolution No. ______
Mpower Communications Corp.2nd Revised P.U.C. Schedule D-1
d/b/a TelePacific CommunicationsOriginal Sheet 1-5 T
515 Flower Street, 47th Floor
Los Angeles, CA 90071
RULES AND REGULATIONS
1.RULES AND REGULATIONS - (CONT’D)
1.1Rule 1 – Definitions - (Cont’d)
Major Rate increases: A rate increase which is greater than a “minor rate increase” as described below.
Minimum Contract Period: The minimum length of time for which a Customer is obligated to pay for service, facilities and equipment whether or not retained by the Customer for such minimum length of time.
Minimum Point of Presence (“MPOP”): The physical point of demarcation within a Customer’s designated premises at which the Company’s responsibility for the provision of service (including installation and repair, as well as installation and maintenance of inside wire) ends. (The MPOP is also known as the “Local Loop Demarcation Point” or Minimum Point of Entry (“MPOE”)). Installation and maintenance of facilities and equipment beyond the Company’s MPOP is the responsibility of the building or property owner/landlord/agent or the Customer. Where the Company is provisioning Local Exchange Service through the use of unbundled Loops provided by an incumbent Local Exchange Carrier (“ILEC”), the Company will concur in the ILEC’s demarcation tariff for the purpose of determining the MPOP on the Customer’s premises.
Minor Rate Increases: A rate increase which is both less than 1% of the Company’s total California intrastate revenues and less than 5% of the affected service’s rates. Increases shall be cumulative, such that if the sum of the proposed rate increase and rate increases that took effect during the preceding 12-month period for any service exceeds either parameter above, then the filing shall be treated as a major increase.
Network Interface Device (NID): The equipment at the Rate Demarcation Point on an end
user's premises at which a telephone company's responsibility for the provision of services ends. The NID is the point of demarcation between the loop and an end user’s inside wire, which grounds the unbundled loop.
Non-Published Service: A service provided to customers which prevents the customer’s number from being published in either the directory or the directory assistance database.
Non-recurring Charge: A one-time charge associated with a specific item of equipment or service. This charge applies to installation and to subsequent modifications.
NSF Check: Any negotiable instrument returned by a bank, savings institution, or other eligible institution which is returned by that institution with one of the following instructions: non sufficient funds, uncollectible funds, account closed, account frozen, no account.
Advice Letter No. 378 Issued By Date Filed: September 1, 2006
Nancy Lubamersky Effective:October 1, 2006
Decision No. VP – Public PolicyResolution No. ______
Mpower Communications Corp.2nd Revised P.U.C. Schedule D-1
d/b/a TelePacific CommunicationsOriginal Sheet 1-6 T
515 Flower Street, 47th Floor
Los Angeles, CA 90071
RULES AND REGULATIONS
1.RULES AND REGULATIONS - (CONT’D)
1.1Rule 1 – Definitions - (Cont’d)
NXX Rating Point: The end office/wire center location designated in the Local Exchange Routing Guide as the assignment point for an NPA-NXX code.
Person: A natural person, firm, partnership, corporation, association, municipality, cooperative, organization, government agency, real estate trust or other legal entity.
Point of Demarcation: The Point of Demarcation is the point in a circuit provided to a Customer up to which the Company is responsible for service and beyond which the Customer is responsible for service. This point is also referred to herein as the demarcation point or the MPOP.
Premises: The space occupied by a Customer or authorized user in a building or buildings consisting of all space in the same building occupied by a Customer and all space occupied by the same Customer in different buildings on continuous property.
Primary Rate Interface (PRI): An Integrated Services Digital Network (ISDN) interface
designed for high volume data communications, Primary Rate Interface (PRI) consists of 23 "B" channels at 64 kbps each and one 64 kbps "D" channel.
Recurring Charges: The monthly charges to the Customer for services, facilities and equipment, which continues for the agreed upon duration of the service.
Residential Service: Residential service has been grandfathered.
Service Connection Charge: The non-recurring charge a Customer is required to pay at the time of the establishment of telephone service or subsequent additions to that service.
Service Order: The written request for the Company’s services executed by the Customer and the Company in the format devised by the Company. The signing of a Service Order Form by the Customer and acceptance by the Company initiates the respective obligations of the parties as set forth therein and pursuant to this tariff.