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Terms and Conditions

Our Terms and Conditions outline the guidelines for using TCT’s services and products. Review our Terms and Conditions below to learn more.

TABLE OF CONTENTS

1. Terms and Conditions

1.1 Explanation and Use

2. General Regulations

2.1  Undertaking of the Telephone Company
2.1.1   Obligations
2.1.2   Limitations
2.1.3   Liability
2.1.4   Provision of Services
2.1.5   Maintenance of Service
2.1.6   Changes and Substitutions
2.1.7   Refusal and Discontinuance of Service
2.1.8   Notification of Service-Affecting Activities
2.1.9   Provision and Ownership of Telephone Numbers

2.2. Use
2.2.1   Interference or Impairment
2.2.2   Unlawful Use
2.2.3   Limitation on Use
2.2.4   Automatic Dialing and Announcement Devices

2.3. Obligations of the End User or Customer
2.3.1   Application for Service
2.3.2   Damage to Telephone Company Facilities
2.3.3   Access to Company Equipment
2.3.4   Harmful Locations
2.3.5   Alterations
2.3.6   Subdivisions
2.3.7   Mobile Home Parks
2.3.8   Temporary Service Re-establishment

2.4  Payment Arrangements and Credit Allowances
2.4.1   Payment of Rates and Charges
2.4.2   Deposits
2.4.3   Minimum Periods
2.4.4   Cancellation of an Order for Service
2.4.5   Credit Allowances for Service Interruptions
2.4.6   Re-establishment of Service Following Fire, etc.

1.  Terms and Conditions

1.1  Explanation and Usage

The following terms, conditions and regulations  have been approved by the Wyoming Public Service Commission and are included in the Tariff on file with the PSC.  They define the obligations of Tri County Telephone Association (TCT) and consumers in providing and accepting telecommunications services from TCT and are provided for reference.

2.  General Regulations

2.1. Undertaking of the Telephone Company

2.1.1  Obligations

(A) The Company’s obligation to provide facilities and service is dependent upon its ability to secure and retain, without unreasonable expense, suitable facilities and rights-of-way for the construction and maintenance of the necessary equipment.

(B) The Company does not transmit messages but offers the use of its facilities, when available, for communications between parties.

(C) The Company shall be responsible only for the installation, operation, and maintenance of the services it provides.

(D) The Company will, for maintenance purposes, test its services only to the extent necessary to detect and/or clear troubles

(E) Service are provided 24 hours daily, seven days per week, except as set forth in other applicable sections of this tariff.

2.1.2  Limitations

(A) Customer Premise Equipment is not provided to subscribers as a tariff offering.

(B) The Company will refuse to furnish, or may discontinue, telephone service to any persons, firm or corporation upon objection to the furnishing of such service made by or on behalf of any governmental authority on the grounds that such service is or is to be used for an illegal purpose.

(C) The installation and restoration of services shall be provided on a first-come, first serve basis. The restoration of services shall be in accordance with Part 64, Subpart D, Appendix A, of the Federal Communications Commission’s Rules and Regulations, which specifies the priority system for such activities.

2.1.3  Liability

(A) The Telephone Company’s liability, if any, for its misconduct is limited by this tariff. With respect to any claim or suit, by a customer or by any others, for damages associated with the installation, provision, termination, maintenance, repair or restoration of service, and subject to the provisions of (B) through (G) following, the Telephone Company’s liability if any, shall not exceed an amount equal to the proportionate charge for the service for the period during which the service was affected. This liability for damages shall be in addition to any amounts that may otherwise be due the customer under this tariff as a Credit Allowance for a Service Interruption.

(B) The Telephone Company shall not be liable for any act of omission of any other carrier or customer providing a portion of a service, nor shall the Telephone Company for its own act or omission hold liable any other carrier or customer providing a portion of a service.

(C) The Telephone Company is not liable for damages to the customer premises resulting from the furnishing of a service, including the installation and removal of equipment and associated wiring, unless the damage is caused by the Telephone Company’s negligence.

(D) The Telephone Company shall be indemnified, defended and held harmless by the end user against any claim, loss or damage arising from the end users use oi services offered under this tariff, involving:

(1) Claim for libel, slander, invasion of privacy, or infringement of copyright arising from the end user’s own communications;

(2) Claims for patent infringement arising from the end user’s acts combining or using the service furnished by the Telephone Company in connection with facilities or equipment furnished by the end user or customer or;

(3) All other claims arising out of any act or omission of the end user in the course of using services provided pursuant to this tariff

(E) The Telephone Company does not guarantee or make any warranty with respect to its services when used in an explosive atmosphere. The Telephone Company shall be indemnified, defended, and held harmless by the customer from any and all claims by any person relating to such customer’s use of services so provided.

(F) No license under patents (other than the limited license to use) is granted by the Telephone Company or shall be implied or arise by estoppel, with respect to any service offered under this tariff

(G) The Telephone Company’s failure to provide or maintain services under this tariff shall be excused by labor difficulties, governmental orders, civil commotion, criminal actions taken against the Telephone Company,  acts of God and other circumstances beyond the Telephone Company’s reasonable control, subject to the Credit  Allowance for a Service Interruption  as set forth in 2.4.5 following.

2.1.4  Provision of Services

The Telephone Company, to the extent that such services are or can be made available with reasonable effort, and after provision has been made for the Telephone Company’s telephone exchange services, the Company will provide to the end user upon reasonable notice services offered in other applicable sections of this tariff at rates and charges specified therein.

2.1.5  Maintenance of Services 

The services provided under this tariff shall be maintained by the Telephone Company. The end user or others may not rearrange, move, disconnect, remove or attempt to repair any facilities provided by the Telephone Company, other than by connection or disconnection to any interface means used, except with the written consent of the Telephone Company.

2.1.6  Changes and Substitutions

Except as provided for equipment and systems subject to FCC Part 68 Regulations at 47 C.F.R. Section 68, the Telephone Company may, where such action is reasonably required in the operation of its business,

(A)  Change minimum protection criteria, change operating or maintenance characteristics of facilities or change operations or procedures of the Telephone Company. In case of any such substitution, change or rearrangement, the transmission parameters will be within the range as set forth in Rural Utility Service (RUS) specifications. The Telephone Company shall not be responsible if any such substitution, change or rearrangement renders any end user furnished services obsolete or requires modification or alteration thereof or otherwise affects their use or performance. If such substitution, change or rearrangement materially affects the operating characteristics of the facility, the Telephone Company will provide reasonable notification to the end user in writing. Reasonable time will be allowed for any redesign and implementation required by the change in operating characteristics. The Telephone Company will work cooperatively with the end user to determine reasonable notification procedures.

2.1.7  Refusal and Discontinuance of Service

(A)  The Telephone Company may discontinue service without prior notice:

(1) If a condition exist that is immediately dangerous or hazardous to life, physical safety, or property.

(2) Upon order by any court, the Commission, or any other duly authorized public authority; or

(3) If service was obtained fraudulently or without the authorization of the Telephone Company.

The Telephone Company may terminate service if it has tried diligently to meet the notice requirements, but has been unsuccessful in its attempts to contact the end user affected.

(B) Unless the provisions of 2.2. l(B) following apply, if an end user fails to comply with 2.1.5 preceding or 2.2.2, 2.3.1, or 2.4 following, including any payments to be made by it on the dates and times herein specified, the Telephone Company may, upon seven (7) days written notice by U.S. Mail

to the person designated by that end user to receive such notices of noncompliance, refuse additional applications for service and/or refuse to complete any pending orders for service by the non-complying end user at any time thereafter and/or terminate or discontinue service to the non-complying end user. Discontinuance of service pursuant to this subsection will occur only during the hours of 8:00 a.m. and 4:00 p.m, Monday through Thursday. If the Telephone Company does not  refuse additional  applications for service on the date specified in the seven (7) days notice, and the end user’s noncompliance continues, nothing contained  herein shall preclude the Telephone Company’s right to refuse additional applications for service to the non-complying end user without further notice, subject  to  the Commission rules and regulations governing customer relations of telephone companies.

In the case of such discontinuance, all applicable charges, shall become due. If the Telephone Company does not discontinue the provision of the services involved on the date specified in the seven (7) days notice, and the end user’s noncompliance continues, nothing contained herein shall preclude the Telephone Company’s right to discontinue the provision of the services to the non-complying end user without further notice.

C) The notice of disconnection shall be effective when a copy is provided to the end user or its designee in person, by telephone after verification, or received by the end user or its designee at the last known mailing address. The notice shall contain:

1. The name of the person whose account is delinquent and the service address to be discontinued;

2. The rule or regulation that was violated or the amount of the unpaid delinquent bill;

3. The effective date of the notice and the date on or after which service is to be discontinued;

4. The Company’s specific address and phone number for information regarding how to avoid service discontinuation; and

5. A statement advising the end user how to contact the Commission if discontinuation is disputed.

6. The notice shall inform the end user that, if prior to the initial date for discontinuation for non-payment, the end user provides the Company with written verification from a health-care provider responsible for the care of the end user or his/her co-habitants stating that their health or safety would be seriously endangered if telecommunications services were discontinued the Company will extend the date for discontinuation set forth in the notice by 15 days (22 days total) to allow for bill payment.

2.1.8  Notification of Service-Affecting Activities

The Telephone Company will provide the end user reasonable notification of service-affecting activities that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals, or rearrangements, routine preventative maintenance and major switching office change-out. Generally such activities are not individual end user service specific, they affect many end users’ service. No specific advance notification period is applicable to all service activities.

2.1.9  Provision and Ownership of Telephone Numbers

The Telephone Company reserves the reasonable right to assign, designate or change telephone numbers, any other call number designations associated with Access Services, or the Telephone Company serving central office prefixes associated with such numbers, when necessary in the conduct of its business. Should it become necessary to make a change in such numbers, the Telephone Company will furnish to the end user 30 days notice, and an explanation for such change. Should a number change become necessary the Company will provide number referral service free of charge for a period of six months.

2.2  Use

2.2.1  Interference or Impairment

(A) The characteristics and methods of operation of any circuits, facilities or equipment provided by other than the Telephone Company and associated with the facilities utilized to provide services under this tariff shall not interface or impair service over any facilities of the Telephone Company, its affiliated companies, or its connecting and concurring carriers or customers involved in its services, cause damage to their plant, impair the privacy of any communications carried over their facilities or create hazards to the employee of any of them or the public.

(B) Except as provided for equipment or systems subject to the FCC part 68 Rules in 47 C.F.R. Section 68.108, if such characteristics or methods of operation are not in accordance with 2.2.1 (A) preceding, the Telephone Company will, where practicable, notify the end user that temporary discontinuance of the use of a service may be required; however, where prior notice is not practicable, nothing contained herein shall be deemed to preclude the Telephone Company’s right to temporary discontinuance, the end user will be promptly notified and afforded the opportunity to correct the condition which gave rise to the temporary discontinuance. During such period of temporary discontinuance, credit allowance for service interruptions as set forth in 2.4.4 following is not applicable.

2.2.2  Unlawful Use

The service provided under this tariff will not be used for any unlawful purpose.

(A) The Telephone Company may, by notice in writing, without incurring any liability, either suspend or terminate the service of an end user for any of the following reasons:

(1) Use of foul or profane language over the service;

(2) Impersonation of another person with fraudulent intent over the service;

(3) Making of nuisance calls over the service;

(4) Use of service by an end user in connection with a plan or contrivance to secure a large volume of calls to be directed to such end user at or about the same time, resulting in preventing, obstructing, or delaying the service of others;

(5) Listening in on telephone conversations;

(6) Abuse or fraudulent use of service which includes:

(a) The use of service or facilities of the Telephone Company to transmit a message or to locate a person or otherwise to give or obtain information, without payment of an applicable charge;

(b) the obtaining, or attempting to obtain, or assisting another to obtain telephone service, by rearranging, tampering with, or making connection with any facilities of the Telephone Company, or by any trick, scheme, false representation, or false device, or by or through any other fraudulent means or device whatsoever, with intent to avoid the payment in whole or in part, of the established charge for such service;

(c) Resale of any service provided by the Telephone Company, except as provided by the FCC and applicable state commission rules and regulations.

(7) Use of the service in such a manner as to interfere with the service of other users;

(8) Use of the service for any purpose other than a means of communications;

(9) Use of service for unlawful purposes;

(10) Any other violation of regulations as set forth in the Telephone Company’s filed tariffs.

The Telephone Company may continue such suspension of service until all violations have ceased, or terminate the service without suspension of service notification, and disconnect and remove any of its facilities from the end user’s premise.

(B) Service is furnished by the Telephone Company subject to the condition that it will not be used for any unlawful purpose. Service will not be furnished if any law enforcement agency, acting within its jurisdiction, advises that such service is being used or will be used in violation of law and secures proper legal orders to deny such service.

(C) In such instances when termination occurs, as in 2.2.2 (A) preceding, the Telephone Company shall be indemnified, defended and held harmless by the end user against any claim, loss or damage arising from the Telephone Company’s actions in terminating such services.

(D) The Telephone Company will comply with any call trace requests that are requested and performed in accordance with Municipal, County, State and Federal law, and are properly requested by a court order.

2.2.3  Limitations on Use

The Telephone Company reserves the right to limit the length of communication when necessary because of shortage of facilities caused by emergency conditions.

2.2.4  Automatic Dialing and Announcement Devices (ADADs)

Before an ADAD, other than one that will be used to deliver a message in response to an emergency, may be connected to the telephone  network, the potential  end  user must verify in writing to the Telephone Company that the ADAD(s) will have the capacity to comply and that the end user will comply with the following.

(A) The potential end user must notify the Telephone Company in writing of the intended use of the ADAD(s). The notice shall list the calendar days and clock hours during which the ADAD(s) will be used and shall estimate time message attempts per hour and the average length of the completed messages.

(B) The ADAD end user will notify the Company in writing within 30 days of any change in the ADAD operation that results in either an increase or decrease in the number of message attempts per hour and or the average length of the completed calls.

(C) The use of ADAD(s) that do not automatically  disengage the called  party’s line when the called party hangs up its receiver are prohibited, except for their use in security and alarm systems or other systems in which the called party has previously agreed to the ADAD(s) call and has consented to its line being engaged in this manner.

(D) ADAD(s) are prohibited from making unsolicited calls before 8:00 AM or after 8:00 PM. or in a manner consistent with FTC rules or applicable state law.

(E) ADAD(s) are prohibited from calling public safety numbers such as police, fire, and emergency services. ADAD(s) are prohibited from calling unlisted and unpublished numbers. ADAD(s) are prohibited from calling more than one number held by a given called party.

(F) The provision for service and the use of any ADAD(s) shall be in strict conformance to Part 64 of the FCC Rules and Regulations.

2.3  Obligations of the End User or Customer

2.3.1  Application for Service

(A) Applications for telephone service must be made to the Company in writing or recorded telephone conversation with a Company representative.(C) Service will not be installed without a signed or recorded application on file with the Company. Applications become contracts when accepted by the Company or upon the establishment of service. Applicants are required to pay in advance at the time application is made, all charges accruing for the first billing period for local exchange access service and any service order and connection charges if applicable.

(B) Requests from subscribers for additional service, equipment etc., may be made verbally, if the original contract provides for such additional services and equipment as may be ordered, and no advance payment will be required. A move from one location to another within the same Exchange Area is not considered to terminate the contract and orders for such moves may be made verbally.

2.3.2  Damage to Telephone Company Facilities

(A) Wyoming state law, SEA 22, requires excavators to contact Wyoming One­ Call and Local Area Notification Centers prior to excavating with power equipment. The One-Call Center is the communications link between the excavator and the underground facility owner. The underground facility owner is responsible for locating the facilities after notification.

(B) The Telephone Company will at the request of an authorized person, representing a customer, or customers; a contractor; a firm; a corporation; or an individual; send an employee of the Telephone Company to the location in question and locate the facilities of the Telephone Company.  No charge will be applied for this service.

(C) Should any damage be done to the telephone facilities prior to or after the facilities have been located for anyone of the above mentioned, the Company may charge their actual costs for repairing the damaged facilities.

2.3.3  Access to Company Equipment

Even though Company equipment and cables may be located on premises owned by others, Company agents or employees shall be given the right to enter such premises at any reasonable hour to install or maintain equipment and facilities, make collections, or remove equipment.

2.3.4  Harmful Locations

If the installation and maintenance of service is requested  at locations which are or may cause harm to Company employees or  to  the public or to  property,  the Company may refuse to install and maintain such service and, if such service is furnished, may require the customer to install and maintain such service and may also require the customer to indemnify and hold the Company harmless from any claims, loss or damage by reason of the installation and maintenance of such service. The Company may further require, in such cases, that the customer furnish or pay for the furnishing of any special protective devises or equipment which the Company shall deem necessary to protect the facilities of the Company from electrical damage or other harm.

2.3.5  Alterations

The customer shall notify the Company promptly whenever alterations or new construction on premises owned or leased by him will necessitate changes in the Company’s facilities, and the customer shall pay the Company’s current charges for such changes.

2.3.6  Subdivisions

(A) Builders and Developers will be provided costs as well as terms and conditions for the provisioning of service on an individual case basis.

2.3.7  Mobile Home Parks

The mobile home developer will be provided costs as well as terms and conditions for the provisioning of service on an individual case basis.

2.3.8  Temporary Service

When construction is required for temporary service costs as well as terms and conditions for the provisioning of service on an individual case basis will be provided costs as well as terms and conditions for the provisioning of service on an individual case basis.

2.4  Payment Arrangements and Credit Allowances

2.4.1  Payment of Rates and Charges

(A) The customer shall pay for local services and facilities monthly in advance, except units of government, and shall pay for toll messages and any other charges when billed. Failure to receive a bill does not relieve the customer of the responsibility for payment in accordance with the provisions set forth herein.

(B) All bills for local, toll, or miscellaneous services are due when rendered, must be paid within 45 days and are payable at the office of the Company, at the office of any authorized payment agent of the Company, by U.S. Mail, by check, Automated Clearing House (ACH), online or by money order.

(C) In the event a customer makes payment on the account with a check and the bank on which the check is drawn returns the check for reasons of ” non­ sufficient funds” (NSF), account closed, or any other reason, a NSF charge will be applied and the customer’s account may be placed on a cash, money order, or certified check basis for one year. In addition, if the account is delinquent, service will be disconnected without further notice. If the customer makes payment on the account with a second check within twelve months and the bank returns the check for any reason, the customer’s account may be placed on a cash, money order, or certified check basis indefinitely.

(D) In the event that payment from the customer is less than the total amount of all charges owing to the Company, and the customer does not specifically designate the manner in which he/she wishes to apply said payment, pursuant to the Wyoming Public Service Commission order dated February 27,1987, the partial payment should be applied first to satisfy the basic exchange service billing, then the local exchange company’s intraLATA toll billing, and finally the interconnecting carriers’ billing in proportion of the amount of each billing to the total billings of these carriers.

(E) In order to avoid collection procedures which could result in temporary disconnection of service, payment must be received no later than the due and payable date shown on the customer’s bill.

(F) If payment has not been received with 31 days after the due and payable date on the customer’s bill, a disconnect notice will be issued. Seven days (including Saturdays, Sundays, and holidays) after issuing a delinquency notice to a customer, the Company during regular business hours may terminate service and remove all of its property from the delinquent customer’s premises. The said notice shall state the date and the amount due and shall comply with 2.1.7(c).

(G) If a customer can not pay the amount specified on the disconnect notice, but contacts the Company prior to the disconnect date, payment arrangements can be established and service will be continued with a toll deny restriction.

H) If a customer has provided the Company a written notice of a good faith reasonable dispute of the amount of a bill, or a portion of the bill, and has also timely paid when due any amount not subject to the good faith reasonable dispute, the Company will not disconnect service for nonpayment until the billing dispute is resolved. The Company has sole discretion to determine whether or not a customer billing dispute is in good faith and reasonable. If the Company deems the dispute not reasonable or in good faith service may be disconnected for non-payment.

(I) If a customer fails to make the required payment, and does not contact the Company to make payment arrangements, service will be disconnected. If payment is made with a non-sufficient funds check, disconnect will be immediate.

(J) Full payment of all billed charges, the regular service order charge and the connection fee must be paid prior to the reconnect of services which have been discontinued for nonpayment of charges due.

2.4.2  Deposits

(A) Company may require a deposit to guarantee payment. This deposit shall not be considered advance payment of bills, but shall be held as security for payment for telecommunications service rendered. The Company may refuse service to an applicant or terminate service to a customer for failure to comply with this section. Company policies governing deposits will be applied uniformly.

(B) The Company may require a customer deposit if a prior service account with the Company remains unpaid and undisputed at the time of application for telecommunications service; telecommunications service from the Company has been terminated for nonpayment of any undisputed delinquent bill; failure to reimburse the Company for damages due to the customer’s negligent or intentional acts; or acquisition, diversion or use of service without the authorization or knowledge of the Company. A deposit may also be required if information provided upon application for telecommunications service is materially false or misrepresentative; the application is for initial telecommunications service with the Company or the applicant did not have service with the Company for a period of at least 12 consecutive months during the past four years; the applicant or customer is unable to pass an objective credit screen; the request is for telecommunications service at an address where a former customer with an undisputed delinquent bill for service still resides or conducts business; or the applicant for telecommunications service, or the customer, has been brought within the jurisdiction of the bankruptcy court or has had a receiver appointed in a state court proceeding, within the five-year period immediately preceding the request for service.

(C) The required deposit shall not exceed the amount of the average estimated bill for 60 days of telecommunication service.

(D) The Company will calculate simple interest on deposits at the Commission’s Authorized Interest Rate and will apply only to deposits held for at least six months, but will accrue from the initial date of deposit through the date the deposit is returned to the customer.

(E) Deposits and any unpaid interest earned on deposits shall be applied as a credit to customer’s bill, unless requested by the customer to be refunded, when the accrued interest equals or exceeds $10.00 (the Company will apply the credit at least annually); a customer has received 12 consecutive months of telecommunications service, with no cause to disconnect and bills have been paid when due; or telecommunications service is discontinued.

2.4.3  Minimum Periods

The minimum period for which services are provided and for which rates and charges are applicable is one month except where specifically noted elsewhere in this tariff.

When a service is discontinued prior to the expiration of the minimum period, changes are applicable, whether the service is used or not, as follows:

(A) When a service with a one month minimum period is discontinued prior to the expiration of the minimum period, a one month charge will apply at the rate level in effect at the time service is discontinued.

(B) When a service with a minimum period greater than one month is discontinued prior to the expiration of the minimum period, the applicable charge will be the lesser of, (1) the Telephone Company’s total non-recoverable costs less the net salvage value for the discontinued service or, (2) the total monthly charges, at the rate level in effect at the time service is discontinued, for the remainder of the minimum period.

2.4.4  Cancellation of an Order for Service

(A) When an application or request for service, for which the minimum contract period is longer than one month, or special engineering, is canceled in whole or in part before service is established, the applicant or customer is required on demand, to reimburse the Company for all expense incurred in connection with the application for service and the installation of the required equipment and facilities before notice of cancellation is received. Such charges are not to exceed the installation, construction and termination charges otherwise applicable if the service had been established.

(B) When an order for service with one month minimum contract period, or with no minimum contract period specified, is canceled before establishment of service is completed and the cancellation is not caused by the Company, a charge equal to the costs incurred by the Company only for that portion of equipment and/or facilities wholly or partially installed not to exceed the service charges, construction charges or other one-time charges which would have otherwise been applicable to that portion of equipment and/or facilities wholly or partially installed, will apply.

(C) When application for a service which has no general public application, requiring a special assembly of equipment, is canceled in whole or in part before the service is established, the applicant or customer is required, on demand, to reimburse the Company for all expenses which were incurred in connection with the application for and/or installation of service including but not limited to engineering costs, and which were incurred prior to notice of cancellation. This reimbursement practice will apply to all special assembly requests with the exception of inquiries.

2.4.5  Credit Allowances for Service Interruptions

(A) Except in the case of negligence by the customer, if service is interrupted for more than 48 consecutive hours after notice by the customer to the Company, an allowance at the minimum rate for the telephone facilities and class of service affected at the time of the interruption shall be made. The customer shall be credited for an interruption of 48 hours or more at the rate of 1/30 of the applicable monthly rates for each period of 24 hours or major fraction thereof that the interruption continues. In no event shall the liability exceed the aforementioned credit allowance.

(B) No credit allowances will be made for:

(1) Interruptions caused by the negligence of the customer.

(2) Interruptions of a service due to the failure of equipment or systems provided by the customer or others.

(3) Interruptions of a service during any period in which the Telephone Company is not afforded access to the premises where the service is terminated.

(4) Interruptions of a service where the customer has released that service to the Telephone Company for maintenance purposes, to make rearrangements, or for the implementation of an order for a change in the service during the time that was negotiated with the end user prior to the release of that service.

(5) Periods when the customer elects not to release the service for testing and/or repair and continues to use it on an impaired basis.

(C) Should the customer elect to use an alternative service provided by the Telephone Company during the period that a service is interrupted, the end user must pay the tariffed rates and charges for the alternative service used.

2.4.6  Re-establishment of Service Following Fire, Flood or Other Occurrence

(A) Service Order, Line Connection, and Installation Charges do not apply for the re-establishment of service following a fire, flood, or other occurrence attributed to an Act of God provided that:

(1) The service is of the same type as was provided prior to the fire, flood, or other occurrence.

(2) The service is for the same end user.

(3) The service is at the same general location on the same premises.

(4) The re-establishment of service begins within 60 days after Telephone Company service is available. (The 60 day period may be extended a reasonable period if the renovation of the original location on the premises affected is not practical within the allotted time period).

(B) At the discretion of the company and as determined on an individual case basis Service Order, Line Connection, Installation, and Construction Charges may apply for establishing service at a different location, on the same premises, or at a different premises pending re-establishment of service at the original location.