DIGITAL SUBSCRIBER LINE (DSL)
REGULATIONS, RATES AND CHARGES
Applying to the Provision of DSL Service
For Customers of
Cap Rock Telephone Cooperative, Inc.
(Study Area: 442046)
This DSL Service Guide does not include
Internet Access, Content or any connections
Beyond the Telephone Company’s central office
TABLE OF CONTENTS
EXPLANATION OF ABBREVIATIONS
2. Terms and Conditions
3. Digital Subscriber Line Service
4. Rates and Charges
EXPLANATION OF ABBREVIATIONS
ADSL - Asymmetric Digital Subscriber Line Access Service
CO - Central Office
CDP - Customer Designated Premises
DSL - Digital Subscriber Line
DSLAM - Digital Subscriber Line Access Multiplexer
ETS - Ethernet Transport Service
ISP - Internet Service Provider
kbps - kilobits per second
LAN - Local Area Network
Mbps - Megabits per second
MM-VCC - Multimedia Virtual Circuit Channel
NIC - Network Interface Card
NID - Network Interface Device
SDSL - Symmetric Digital Subscriber Line
SWC - Serving Wire Center
VPCP - Volume Pricing Commitment Plan
VPP - Volume Pricing Plan
WBITS - Wireline Broadband Internet Transmission Service
WPP - Wholesale Pricing Plan
1.1 Application of Tariff Rates, Terms and Conditions
1.1.1 This Tariff contains the rate, terms and conditions applicable to the
Provision of Wireline Broadband Internet Transport Services (WBITS),
Hereinafter collectively or individually referred to as “Service”, by
Cap Rock Telephone Cooperative, Inc., hereinafter referred to as the “Telephone Company.”
1.1.2 Service is furnished subject to the jurisdiction of the Federal
Communications Commission ("FCC") pursuant to Title II of the
Communications Act of 1934, as Amended, (47 USC 201-276) on a
common-carriage permissively detariffed basis available to Network Service
Providers, as defined following, for connection to end user Customers.
1.1.3 The Telephone Company offers Service where technically feasible within its incumbent
local exchange carrier (ILEC) exchange boundaries. The Telephone Company's serving area(s)
are identified as a study area with a distinct study area code(s) of 442052.
1.1.4 As set forth in this Tariff the provision of such Service (by the Telephone Company)
does not constitute a shared undertaking with the Customer for
the furnishing of any service.
1.1.5 The Telephone Company may, from time to time, at its sole discretion
modify the Rates, Terms and Conditions. Any modifications will become
effective thirty (30) days after both mailing by United States Postal Service
a copy of the revised Rates, Terms and Conditions to all Customers currently
a party to an executed agreement as described in Section 2.5 following and
posting of such revised Rates, Terms and Conditions on the Telephone
Company's internet web site.
1.1.6 Service is furnished subject to the availability of facilities and subject to
transmission, atmospheric and like conditions. By accepting Service from
the Telephone Company, the Customer accepts these rates, terms and
conditions as a binding agreement.
Certain terms used herein are defined as follows:
The term "Customer(s)" denotes any individual, partnership, association, joint-
stock company, trust, corporation, or governmental entity or other entity which
subscribes to the services offered under this tariff. As set forth herein, a
Customer is responsible for the payment of charges and for compliance with all
applicable terms of the regulations, rates and charges.
Customer Designated Premises
The term "Customer Designated Premises" denotes the premises specified by the
Customer for the provision of Service.
Customer Provided Equipment
The term "Customer Provided Equipment" denotes the terminal equipment or
facilities provided by persons other than the Telephone Company and
connected to the Telephone Company's Services and/or facilities.
Digital Subscriber Line (DSL) Access Service Connection Point
The term "Digital Subscriber Line (DSL) Access Service Connection Point" is a
location designated by the Company that serves as an aggregation point for the
collection of Company WBITS traffic from multiple Digital Subscriber Line
The term "Ethernet" denotes a high speed networking technology utilizing a
packet-based Ethernet protocol. Ethernet enables broadband multimedia traffic
(i.e., voice, data and video) to be carried over the same network.
Incumbent Local Exchange Carrier
The term "Incumbent Local Exchange Carrier" denotes the same meaning as
section 251(h) of the Communications Act, as Amended 47 U.S.C. 251(h)(1).
Internet Protocol (IP)
The Internet Protocol (IP) is the protocol or industry standard method by
which data is sent from one computer to another on the Internet.
Internet Service Provider (ISP)
An Internet Service Provider (ISP) is an organization that supplies access
to the Internet.
National Exchange Carrier Association (NECA) Tariff F. C.C. No.5
The National Exchange Carrier Association (NECA) Tariff F. C. C. No. 5 is the
interstate access tariff filed by NECA on behalf of members of NECA.
Network Service Providers
Internet Service Providers (ISPs) or Network Service Providers supply retail
services to end user customers based on transmission of data through use of
Internet Protocol (IP).
Rates, Terms and Conditions
The term "rates, terms, and conditions" denotes this document in its entirety
comprising the rates, terms and conditions applicable to the provision of Service
to Customer(s) by the Telephone Company.
The term "Service” denotes the offerings of the Telephone Company comprising
of Wireline Broadband Internet Transport Service (WBITS).
The term "Service Application" denotes a standard order form which includes
all necessary billing, technical and other pertinent information which will
enable the Telephone Company to provide the Service as required.
The term "Telephone Company" denotes all issuing carriers and its
affiliates, unless the context indicates otherwise.
Wireline Broadband Internet Transport Service (WBITS)
Wireline Broadband Internet Transport Service (WBITS) is an access data
technology service that provides high-speed connections to the Telephone
Company's end user Customers over existing local exchange service facilities
for provision of broadband services employing Internet Protocol (IP).
2. Terms and Conditions
2.1 Undertaking of the Telephone Company
(A) The Telephone Company does not undertake to transmit messages
under this tariff.
(B) The Telephone Company shall be responsible only for the installation,
operation and maintenance of the Services it provides.
(C) The Telephone Company will, for maintenance purposes, test its Service
only to the extent necessary to detect and/or clear troubles.
(D) The Telephone Company does not warrant that its facilities and Services
meet standards other than those set forth in this tariff.
(A) The Services are offered subject to the availability of facilities and the
other provisions of these regulations, rates and charges.
(B) The Telephone Company is providing only facilities and services
associated with such facilities (as outlined in this document) to the
Customer for communications purposes.
(C) The Telephone Company maintains the right to deny Service to any
Customer which fails to abide by the rules and regulations of these
terms, rates and charges, or other applicable regulations, rules or laws.
2.2 Obligations of the Customer
2.2.1 The Customer shall reimburse the Telephone Company for damages to
Telephone Company facilities utilized to provide services under this tariff
caused by the negligence or willful act of the customer or resulting from the
customers improper use of the Telephone Company facilities, or due to
malfunction of any facilities or equipment provided by other than the
2.2.2 Damage to the Telephone Company’s facilities caused by any negligence or
willful act or acts on the part of the Customer shall result in the Customer
reimbursing the Telephone Company for the damages.
2.2.3 The Customer shall indemnify and save harmless the Company from and
against all loss, liability, damage and expense, including reasonable counsel
fees, due to claims for libel, slander, or infringement of copyright or
trademark in connection with any material transmitted by the Customer
using the Company’s Services; and any other claim resulting from any act
or omission of the Customer in the use of the Company’s facilities.
2.2.4 In the event a suit is brought by the Telephone Company, or an attorney
is retained by the Telephone Company to enforce the terms of the Rates,
Terms and Conditions or collect any bill against a Customer that
Customer shall be responsible for payment of all reasonable attorney’s fees,
court costs, costs of investigation and any and all other related costs and
expenses incurred by the Telephone Company in connection therewith.
2.3 Liabilities of the Telephone Company
2.3.1 Except as stated in this Section 2.3, the Telephone Company shall have
no liability or damages of any kind arising out of or related to events, acts,
rights or privileges contemplated in the Rates, Terms and Conditions.
(A) The liability of the Telephone Company for damages shall not exceed
an amount equal to the charges under the Rates, Terms and Conditions
applicable to the specific service (or portion thereof) that was
affected. No other liability shall attach to the Telephone Company.
(B) The Telephone Company shall not be liable for any delay or failure of
performance or equipment due to causes beyond its control, including
but not limited to: acts of God, fire, flood, explosion or other
catastrophes; any law, order, regulation, direction action, or request
of the United States government or of any other government, including
state and local governments having or claiming jurisdiction over the
Telephone Company, or of any department, agency, commission,
bureau, corporation, or of any military authority; preemption of existing
service in compliance with national emergencies; insurrections, riots;
wars; unavailability of rights-of-way or materials; or strikes, lockouts
work stoppages, or other labor difficulties.
(C) The Telephone Company shall not be liable for (a) any act or
omission of any entity furnishing the Telephone Company or the
Telephone Company's Customers facilities or equipment used for the
interconnection with services; or (b) for the acts or omissions of other
Common Carrier or warehousemen. The Telephone 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.
2.4 Payment Arrangements and Credit Allowances
2.4.1 Payment of Rates, Charges and Deposits
In order to safeguard its interests, the Telephone Company may
require a Customer to make a suitable deposit or provide a surety
bond or letter of credit in the amount of the required deposit as a
guarantee of the payment of charges. Such deposit may be required
prior to establishing a service or at any time after the provision of a
service to the Customer.
Such deposit will not exceed the estimated rates and charges for
the service for a three (3) month period or $1,000, as decided by the Telephone Company.
The fact that a deposit has been made in no way relieves the Customer from complying
with the Telephone Company's regulations as to the prompt payment of bills. At the
Telephone Company's option, as the provision of the service to the Customer is terminated,
the amount of the deposit will be refunded or credited to the Customer's account and
any credit balance which may remain will be refunded.
In case of a cash deposit, for the period the deposit is held by the
Telephone Company, the Customer could receive interest. The interest
will be accrued for the period during which the deposit is held by the
Telephone Company. The amount of interest calculated will be at the
Telephone Company’s discretion and will be representative to the
reasonable industry or economic interest bearing situations.
A deposit does not relieve the Customer from making advance payments
or from complying with the Telephone Company's regulations for the
payment of bills in accordance with the terms herein and does not
constitute a modification or waiver of the regulations of the Telephone
Company providing for the discontinuance of service for nonpayment
of any sums due the Telephone Company for services rendered.
(B) Description of Payment and Billing Period
Service is provided and billed on a monthly basis in advance to
the month of service. Service continues to be provided and billed on
a monthly basis until canceled by the Customer through notice
give to the Telephone Company.
(C) Proration of Charges
Adjustments for the quantities of services established or discontinued
in any billing period beyond the minimum period set forth for services
of this tariff will be prorated to the number of days based on a 30 day
month. The Telephone Company will, upon request, furnish within 30
days of a request and at no charge to the Customer such detailed
information as may reasonably be required for verification of any bill.
(D) Payment Dates and Late Payment Penalties
(1) Payment will be due as specified on the Customer bill. A late
charge of up to the highest interest rate allowable by state law
will be applied to all amounts past due or a minimum of $2.50, as
determined by the Telephone Company.
(2) Collection procedures and the requirement for a deposit are
unaffected by the application of a late payment charge. The late
payment charge does not apply to unpaid balances associated with
disputed amounts. Undisputed amounts on the same bill are
subject to the late payment charge if unpaid and carried forward
to the next bill.
(3) Service may be denied or discontinued at the Telephone
Company's discretion for nonpayment of amounts due the
Telephone Company past the due date as specified in
2.4.1. D.1. Restoration of Service will be subject to all applicable
(E) Taxes and Other Charges
In addition to payment for Services, the Customer must pay all
taxes, fees, surcharges and other charges that the Telephone
Company bills the Customer related to the service(s). Taxes,
fees, and surcharges will be billed to the Customer in the amounts
that the federal, state, and local authorities require the Telephone
Company to charge. The Telephone Company will not provide advance
notice of changes to taxes and surcharges, except as required by
applicable law. All such charges shall be shown separately on the bill.
The Customer is responsible for all other charges or payments (state,
interstate, or local) made to the Telephone Company or any other entity
associated with providing the service, or any other connections that may
be required that do not fall within this tariff.
(F) Billing Disputes
(1) A good faith dispute requires the Customer to provide a written
claim to the Telephone Company. Instructions for submitting a
dispute can be obtained by calling the billing inquiry number
shown on the Customer's bill, or, when available, by accessing
such information on the Telephone Company’s website also
shown on the Customer’s bill. Such claim must identify in detail
the basis for the dispute, and if the Customer withholds the
disputed amounts, it must identify the account number under
which the bill has been rendered, the date of the bill, and the
specific items on the bill being disputed to permit the Telephone
Company to investigate the merits of the dispute.
(2) Customer must contact the Telephone Company within sixty (60)
days of the date of the bill which contains the disputed charge.
Refunds or adjustments will not be issued for any charge that is
more than sixty (60) days old at the time the Customer notifies the
(3) Customer may withhold the disputed portion of the bill pending
resolution of the dispute, however, all non-disputed charges on the
bill must be paid by the bill due date indicated on that bill.
(4) The Telephone Company will notify the Customer of the results of
its inquiry, and either adjust the billing, issue a credit, or notify the
Customer that all or a portion of the disputed amount is still owed.
Within fifteen (15) days thereafter, the Customer is required to
pay the amount due.
(5) If Customer fails to pay this amount within the required time, the
Customer account will be deemed past due and unpaid and the
service will be subject to termination as described previously in
this section. Any payments the Customer withholds pending
resolution of the dispute may be subject to a late payment charge
at the interest rate set in 2.4.1(D)(1) above and applied to past due
(G) DSL Volume Pricing Plan
The DSL Volume Pricing Plan (DSL VPP) is an optional pricing plan that provides the ISP with a discount applied against the monthly DSL Line Charges for all of its in-service lines in the Telephone Company’s study area. The amount of the DSL VPP discount applied is based on a 1,500 monthly volume commitment. The DSL VPP discount does not apply to any rate elements other than the monthly recurring DSL Line Charges specified in Section 4.1, following.
The ISP may order the DSL VPP at any time. The DSL VPP monthly commitment and discount applies until the DSL VPP is terminated by the ISP.
Each month on the bill date, the Telephone Company will determine if the ISP achieved its monthly volume commitment level of in-service DSL Access Service lines. In any month in which the monthly volume commitment was not met, the Telephone Company will bill the ISP a DSL VPP shortfall charge of $10.00 per line for each line below its volume commitment level. The following example illustrates the application of the shortfall charge for an ISP that selected a monthly volume commitment level of 1,500 lines. If on the bill date, the ISP had achieved only a total of 1,250 in service lines, the Telephone Company would assess a shortfall charge of $2,500.00 (250 lines x $10.00 per line). The shortfall charge would be in addition to the applicable discounted billing for the 1,250 in service lines.
Upon providing thirty (30) days written notice to the Telephone Company, an ISP with an existing DSL VPP will be permitted to terminate its existing volume commitment on a prospective basis as described herein. When the ISP elects to terminate its existing DSL VPP for any reason, it will be prohibited from establishing a new DSL VPP commitment with the Telephone Company within the ninety (90) days following such termination. During this 90-day period, the ISP will not be eligible for any DSL VPP discounts.
(H) DSL Term Plan
The DSL Wholesale Pricing Term Plan (DSL WPP) is an optional pricing plan that provides the ISP with a discount applied against the monthly DSL Line Charges for all of its in-service lines in the Telephone Company’s study area. The amount of the DSL WPP discount applied is based on a 1,500 monthly volume and a three (3) year term commitment. The DSL WPP discount does not apply to any rate elements other than the monthly recurring DSL Line Charges specified in Section 4.1, following.
Each month on the bill date, the Telephone Company will determine if the ISP achieved its monthly volume commitment level of in-service DSL Access Service lines. In any month in which the monthly volume commitment is not met, the Telephone Company will bill the ISP a DSL WPP shortfall charge of $10.00 per line for each line below its volume commitment level.
The following example illustrates the application of the shortfall charge for an ISP with a monthly volume commitment level of 1,500 lines. If on the bill date, the ISP had achieved only a total of 1,250 in service lines, the Telephone Company would assess a shortfall charge of $2,500.00 (250 lines x $10.00 per line). The shortfall charge would be in addition to the applicable discounted billing for the 1,250 in service lines.
At the end of the commitment period, the DSL WPP Term Plan customer can choose to:
Establish a replacement DSL WPP Term Plan commitment,
Convert in-service DSL Services lines to the DSL WPP Monthly Plan, or
Discontinue all DSL Services in the DSL WPP Term Plan.
An Access Order Charge will not apply to any selection made by the DSL WPP Term Plan customer at the end of its commitment period. If the customer fails to notify the Telephone Company of its decision prior to the expiration of the term commitment period, the Telephone Company will automatically convert all in-service DSL Services lines to the DSL WPP Monthly Plan.
Unless otherwise specified below, the Telephone Company will bill the DSL WPP customer a termination liability charge if the customer elects to terminate its DSL WPP Term Plan for any reason prior to the end of its commitment period. The termination liability charge is equal to the
monthly DSL WPP Term Plan Charge multiplied by the number of full months remaining in the commitment period.
The following example illustrates the application of the termination liability charge, an illustrative DSL WPP Term Plan Charge rate of $100.00 is used. In the case where a DSL WPP customer with a Three-Year Term Plan commitment cancels the DSL WPP Term Plan in the 20th month of the commitment period, the termination liability charge would be equal to $1600.00 (i.e., $100.00 times 16 months) per DSL Service line. DSL WPP Monthly Plan rates will apply to all in-service DSL Services lines following the termination of a DSL WPP Term Plan.
The customer can replace an existing DSL WPP Term Plan with a new DSL WPP Term Plan at any time without incurring a termination liability charge when the commitment period for the new DSL WPP Term Plan either meets or exceeds the number of full months remaining in the
existing DSL WPP Term Plan commitment period. For example, a
customer with an existing three-year term commitment can upgrade to a new three-year term commitment period at any time. The appropriate DSL WPP Term Plan rates will apply on a going forward basis based on the customer’s order to establish a new term commitment period.
The DSL WPP customer may terminate an existing DSL WPP Term Plan without liability if the Telephone Company increases any of the DSL WPP Term Plan monthly rates during the term of the customer’s existing DSL WPP Term Plan. The DSL WPP customer must notify the Telephone Company in writing of its intent to terminate its DSL WPP Term Plan and convert its in-service DSL Services lines to the DSL WPP Monthly Plan within 90 days following the rate increase; otherwise, the existing DSL WPP Term Plan will continue with the increased rates through the end of the commitment period.
2.5 Executed Agreements
The Telephone Company and the Customer may execute an agreement
(Agreement) setting forth, based on the Customer's application of service, the
specific services available under the regulations, rates and charges that the
Customer is ordering, the terms and volume commitments the Customer is
establishing, and the type and volume of service the Customer is ordering.
The Agreement shall incorporate by reference the regulations, rates and
charges, which would be the current rates posted on the Telephone Company's
website or delivered to the Customer via United States Postal Service.
3. Digital Subscriber Line Service
3.1 General Regulations
DSL Services provide transmission services over local exchange service
facilities that can be used for simultaneous voice and data communications.
Service is provided, where available, between Customer Designated Premises
(CDP) and designated Telephone Company central office (CO).
DSL Services use proprietary equipment to provide high-speed access. The equipment consists of Digital Subscriber Line Access Multiplexer (DSLAM) located in the CO and the corresponding remote "modem" unit located at the Customer premises.
Installation of DSL Services will be from the CO to the surge protector located
within the Network Interface Device (NID) or from the CO to an Optical Network Terminal (ONT). If the Customer requires an adapter that includes a router, hub, firewall, other devices, or software they may purchase it from any third party or from the Telephone Company.
Monthly charges for DSL Services are for the circuit and CO termination.
Network Interface Card (NIC) for the associated hardware or software is not
included in the monthly charge.
If the Customer requires any special inside wiring, they may contract with the
Telephone Company or any third party provider for that special wiring.
Nonrecurring charges include the service order and Customer premises visit.
They do not include any Customer premises wiring charges beyond the Protector for service offered via copper technology and the ONT for service offered via fiber technology.
During Telephone Company promotions or at the Telephone Company’s
discretion, the installation fee may be waived. Installation (non-recurring)
charges are set forth in Section 4.1 following.
The following conditions set forth by the Telephone Company are applicable
for DSL Services provided by the Telephone Company:
3.3.1 The initial and minimum service period is one month. If Service is
disconnected prior to the end of the minimum service period, the Customer
will be assessed all applicable monthly recurring rates for the remainder of
the minimum service period.
3.3.2 Specified data access rates are the peak download rates available on the local
loop segment of the facility. The Telephone Company cannot guarantee
effective throughput beyond the DSL circuit, for example, at an Internet
Service Provider's (ISP’s) server or at a Local Area Network (LAN) server.
3.3.3 Availability of the DSL Service is subject to facility limitations, including loop
length and other network characteristics.
3.3.4 With 30 days’ notice, the provision of DSL Service may be withdrawn.
3.3.5 For any reason that the local exchange line is disconnected, the Telephone
Company will automatically disconnect the DSL Service.
3.3.6 The Telephone Company has bundling prices available at their discretion.
3.3.7 All ISP and ISP end user customers must agree to the following: You and any members of your household (or employees of your business if a commercial account) are the only individuals who are authorized to access or use the Services through your account. You must not permit anyone else to access or use the Service through your account and must ensure that all authorized users of your account comply with this agreement.
4. Rates and Charges
4.1 Digital Subscriber Line Service
(A) Asymmetric and Symmetric Digital Subscriber Line Access Services (Voice/Data)
Voice/Data Line Charge
Volume discount with minimum 1,500 connections
3 Year Term with minimum 1,500 connections
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Cap Rock Telephone Cooperative, Inc.
121 East Third Street
P.O. Box 300
Spur Texas 79370
Phone number: 806-271-3336