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THE VIRGIN ISLANDS TELEPHONE CORPORATION

CUSTOMER SERVICES TARIFF

1. SCOPE
This Tariff governs local exchange service rendered throughout the Territory of the Virgin Islands Telephone Corporation, hereinafter referred to as the Telephone Company. Each applicant for original service must sign the Telephone Company’s standard application form requesting the Telephone Company to furnish the service in accordance with rates, charges, rules and regulations from time to time in force and effect. Business rates apply at all business locations; at a private residence where the service is used substantially for business or professional purposes; and at all other locations that are not residential. If any portion of a customer’s service and equipment is located in a place where Business rates apply, Business rates apply to all service and equipment provided. Residence rates apply in a private residence, or in the residential portion of premises used for both business and residence purposes, where the use of the service is primarily for social or domestic purposes and where the business use, if any, is merely incidental.
2. DEFINITION OF SERVICE
The term “local exchange service” as used in this Tariff refers to service, equipment and facilities used to facilitate the origination and termination of electronic voice messages between locations within the Territory of the U.S. Virgin Islands. Messages originated or terminated outside of the Territory of the U.S. Virgin Islands are subject to additional charges and are not within the scope of this tariff. Equipment and facilities furnished by the Telephone Company on the premises of a customer or authorized user of the service are the property of the Telephone Company and are provided upon the condition that such equipment and facilities are returned in good condition, reasonable wear and tear excepted. Unreturned equipment shall be subject to an Unrecovered Equipment Charge of $99. Telephone numbers are assigned to the service furnished to the customer. The Telephone Company reserves the right to change such numbers whenever the Telephone Company deems it necessary to do so in the conduct of its business after written notification.
3. New Construction and Extension of Service
The Telephone Company will provision service without charge within a span of two poles constructed without subscriber financial contribution to provide telephone service to a pioneering subscriber. For any additional construction, the subscriber assumes the actual cost of the pole, line and right of way clearing. The Telephone Company will own and maintain all such poles and cable and wire facilities.
4. OBLIGATION OF TELEPHONE COMPANY
The Telephone Company’s obligation to furnish service to a single Rate Demarcation Point to be located at the Minimum Point of Entry as determined by the Telephone Company or to continue to furnish service is dependent on its ability to obtain, retain and maintain, without unreasonable expense, suitable facilities and rights for the construction and maintenance of the necessary circuits and equipment, and to provide for the installation of those facilities required incident to the furnishing and maintenance of that service. The Telephone Company’s obligation to furnish service and facilities as set forth in this Tariff is limited also to the extent necessary to permit compliance with orders issued under the wartime authority of the President of the United States.
5. OBLIGATION OF THE BUILDING OWNER, PROPERTY OWNER, AND/OR CUSTOMER
It is the responsibility of the building owner, property owner, and/or customer to provide a means of entrance into the building and adequate space and power requirements within the building which is satisfactory to the Telephone Company to provide for mounting the necessary terminal and station protection equipment. Where, due to the type of construction of the building or the conditions imposed by the building owner, property owner, and/or customer, extraordinary expense is incurred by the Telephone Company, the building owner and/or property owner is required to pay the difference between the expense incurred by the Telephone Company and the expense which would normally have been incurred for the installation. Where the customer sells or leases property in which a telephone is located, he shall continue to be responsible for all charges for service unless and until he notifies the Telephone Company of such sale and that he is no longer responsible for service provided by the Telephone Company for such service.
6. TRANSMITTING MESSAGES
The Telephone Company does not transmit messages, but offers, subject to the terms and conditions specified in its Tariffs, the use of its facilities where available for communication between customers.
7. CONTRACTS FOR SERVICE
Upon the acceptance of an application for service, all the applicable provisions in the Telephone Company’s Tariffs lawfully on file become the contract between the customer and the Telephone Company. The Telephone Company reserves the right to require applications for service to be made in writing on forms supplied by it. Requests for additional service, and requests for changes in service, upon acceptance thereof by the Telephone Company, become a part of the original contract, except that each item of additional service so installed is subject to the appropriate minimum contract term. The acceptance or use of service may be deemed an application for such service and an agreement to pay for it at the rates applicable thereto under the current Tariff. Any change in rates or regulations lawfully made acts as a modification of all contracts to that extent, without further notice. Except as otherwise provided in other Sections of this Tariff, service is furnished for a minimum contract term of one month.
8. CANCELLATION, CHANGE OR SPECIAL HANDLING OF SERVICE REQUESTS
A. CANCELLATION OR CHANGE OF APPLICATION FOR SERVICE PRIOR TO ESTABLISHMENT

When an application for service (except for designed lines and channels as covered in B. following) is canceled or changed, in whole or in part, by the applicant prior to the establishment of service, the applicant is required to pay the Telephone Company, upon request, the aggregate of the costs and expenses incurred by the Telephone Company in arranging for, providing, and removing the facilities for the service, or part thereof, the application for which is canceled or changed. Such costs and expenses shall include: services, labor, and engineering, including overheads and equipment, apparatus, materials and supplies (including purchasing and return expenses) less net salvage value. If any facilities already installed can be used for the services as changed but at a lesser capacity than would have been required for the service previously applied for, the payment required of the applicant for such facilities shall be limited to the difference between the costs and expenses actually incurred less the costs and expenses of the facilities normally used to provide the service as changed.

When an applicant requests, prior to the establishment of service, a change in the location of all or part of the facilities provided for the service, the applicant is required to pay, upon request, the aggregate costs and expenses incurred by the Telephone Company, as detailed above, in moving and rearranging such facilities. However, the payment to the Telephone Company required of the shall not exceed the aggregate of the nonrecurring and minimum contract period charges, including, but not limited to, construction and termination charges, which would have applied if the service and facilities had been established prior to such cancellation, change, or change in location.

B. CANCELLATION OR SPECIAL HANDLING OF SERVICE REQUESTS FOR LINES AND CHANNELS REQUIRING ENGINEERING DESIGN

(1) General

A non-recurring charge will apply for customer-requested cancellation or special handling of service requests for lines and channels requiring Engineering design. A designed line or channel has specific electrical parameters which cannot be provided with the local interoffice switched network and must be designed by Engineering.

(2) Cancellation Charge

  1. A Cancellation Charge will apply when a customer cancels a request for a designed channel or line prior to establishment. The cancellation date is the date the Telephone Company receives written or verbal notice from the customer that the order is to be cancelled. A verbal notice should be followed by written confirmation within 10 days.

    Applicable Cancellation Charges are determined on an individual case basis taking into consideration the following:
    • The proportion of the provisioning functions completed by the Telephone Company at the time the request for cancellation is received.
    • The corresponding proportion of the non-recurring Product Service charges, Installation charges or
    • Connection charges as specified in the appropriate Section of this Tariff.

  2. The Cancellation Charge is to be applied on a per-channel or per-line basis. The total Cancellation Charge cannot exceed the total non-recurring service charge for the service.

  3. When a customer cancels an order for the discontinuance of service, no charges apply for the cancellation.

  4. If the customer cancels an order on or after the date in which the service is made available to the customer, the minimum period charges are applicable.

(3) Special Handling Charge

A Special Handling Charge will apply when a customer requests a service date that is earlier than the standard interval service date on Telephone Company orders requiring Engineering design. A customer may also request an earlier service date on negotiated interval orders requiring Engineering design.

  1. The request for an expedited service date may be received from the customer prior to the issuance of a designed channel or line order, or after the designed channel or line order has been issued but prior to the service date.

  2. The Telephone Company maintains the exclusive right to accept or deny the request to expedite. If, upon reviewing the availability of equipment and scheduled work load, the Telephone Company agrees to provide service on an expedited basis and the customer accepts this proposal, a Special Handling Charge will apply.

  3. If a request for expedited service has been approved by the Telephone Company and negotiated with the customer, and if the Telephone Company is subsequently unable to meet the agreed upon expedited service date, the Special Handling Charge will not apply.

  4. In the event that the customer cancels a channel or line order that is being handled on an expedited basis, the full Special Handling Charge will beadded to the Cancellation Charge specified in (2) preceding.

  5. If a request for expedited service has been approved by the Telephone Company and negotiated with the customer and the order is subsequently delayed, at the request of the customer, the Special Handling Charge is applicable.

  6. A Special Handling Charge will not be applied to orders expedited for Telephone Company reasons.

  7. If costs other than additional administrative expenses are incurred when a designed order is expedited, the Telephone Company will develop, determine, and bill such costs in accordance with terms and conditions as set forth in the appropriate Section of this Tariff and in other Tariffs of the Telephone Company. Such costs include, but are not limited to, overtime charges, premium work time charges, costs to purchase non-standard materials, etc.

  8. The non-recurring Special Handling Charge to be applied to all orders for designed channels or lines processed on an expedited basis is as follows: Business Dial-Tone Line (designed) $75.00

The Special Handling Charge will be billed in addition to the normal Non- Recurring Product Service Charge or Connection Charge and will be applied on a per-channel or per-line basis.

9. USE OF SERVICE
Service is furnished subject to the condition that it will not be used for an unlawful purpose and to the Telephone Company’s Acceptable Use Policy as posted to its website at www.viyavi.com. 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, or if the Telephone Company receives other evidence that such service is being or will be so used.
10. PAYMENT FOR SERVICE

  1. Nonrecurring and Recurring Charges are billed monthly, in advance of the use ofsuch service. Usage sensitive charges, e.g., message toll charges, are billed monthly after the service has been rendered.

    Bills will be provided electronically at no cost to the customer. Customers may receive paper bills for an additional charge of $5.00 per month. The additional charge for paper bills will be waived for customers over the age of 65.

    Payments received by the Telephone Company after the due date specified on the bill may not be applied to the current month’s bill and may result in a past due balance appearing on a subsequent bill.

    Applicants for service may be required to pay construction, special equipment and temporary service charges in advance. If advance payment is not required, such charges are payable when billed.

    The customer assumes responsibility for the following:
    1. Charges for local and toll messages sent from and charged to his service,
    2. Charges for local and toll messages received at his service location on which the charges are reversed with the prior consent of any person answering the call,
    3. Charges for calls placed between two services other than the customer’s and billed to him with the prior consent of any person at his service location,
    4. Charges for calls charged to his special billing number or credit card number by him or by any person with his knowledge, consent or acquiescence.
    5. Charges for calls that are the result of unauthorized access to customer premises equipment.

    In all other cases the responsibility for all charges is that of the party who originates the call.

  2. Dishonored Payment Charge

    The customer will be responsible for the payment of a charge of $30.00 per incidence when a negotiable instrument, which has been presented to the Telephone Company for payment of any charges, is returned by the bank for any reason including, but not limited to, nonsufficient funds, account closed, payment stopped, two signatures required, post dated, stale dated, account garnished, no account, drawn against uncollected funds, balance held, and unauthorized signature.

  3. Late Payment Charge

    This charge is in addition to any or all charges assessed by the bank.

    1. Business Service Any unpaid balance carried forward to the next month’s bill is subject to a Late Payment Charge in the amount of the greater of $5.00 or 1.50% of the unpaid balance.
    2. Residential Service Where payment of any billed amount is not received within 5 days after the due date, the unpaid balance carried forward to the next month’s bill may be subject to a Late Payment Charge in the amount of $3.00.

  4. Partial Payments

    When a customer makes a partial payment for service and receives multiple services (“bundle”), credit for the payment will be applied first to telephone service, with any remaining credit then applied to mobile telephone service, with any remaining credit then applied to Internet service, and with any remaining credit then applied to cable televisionservice.

11. DEPOSITS

  1. Residential Service

    1. Applicants for Service

      An applicant for residential telephone service shall not be required to post a deposit as a condition for the provision of service if the applicant can demonstrate, through evidence acceptable to the Telephone Company, that he/she is not an unsatisfactory credit risk. Acceptable evidence shall include, but is not limited to:

      1. Service with a telephone company within the prior 24 month period which was neither suspended nor terminated for non-payment during the last twelve (12) months of service and where no unpaid balance exists with respect to such prior service; or
      2. Ownership of or an agreement to purchase real property located in the area served by the Telephone Company; or
      3. Rental of a residence located in the area served by the Telephone Company under a lease of one year or longer duration; or
      4. Other information and verification demonstrating that the applicant is not an unsatisfactory credit risk. Where the applicant has had prior telephone service with a telephone company within twenty-four (24) months of the application and an unpaid balance exists with respect to such service, a deposit may be required notwithstanding proof of ownership or rental of real property.

    2. Existing Customers

      Deposits may be required from an existing customer who has made payments beyond the payment due date of any two consecutive bills or more than two non-consecutive bills within the preceding twelve (12) months. The Telephone Company shall provide written notice to the customer of its intent to demand a deposit pursuant to this paragraph.

      A deposit may be required in all cases other than where not required under

    Paragraph 9.A.(1). In addition, a deposit may be required as a condition for reconnection of service which has been suspended or terminated for non-payment.

  2. Business Service

    1. Applicants for Service

      A deposit may be required from all applicants for business service. A deposit may be waived if, in the judgement of the Telephone Company, the applicant is a satisfactory credit risk.

    2. Existing Customers

      A deposit may be required as a condition to the further provision of service if, in the judgement of the Telephone Company, the customer’s credit has become doubtful.

  3. Amount of Deposits

    1. Residence Customers

      The maximum deposit required from an applicant for service or an existing customer shall be calculated by the Telephone Company by estimating the expected charges for local exchange and interexchange service for a two month period. For applicants for service, the estimate of interexchange charges shall be based upon the average charges of residential customers in the applicant’s area code. For existing customers, actual averaged charges shall be utilized.

    2. Business Customers

      The maximum deposit required from an applicant for service or an existing customer shall be calculated by the Telephone Company by estimating the expected charges for local exchange and interexchange service for a two month period.

    3. The amount of deposit to be held by the Telephone Company may be adjusted to maintain a two month estimated amount when, in the judgement of the Telephone Company, such adjustment is deemed necessary to adequately secure the account.

  4. Posting of Deposits

    Where a deposit is required it may be posted:

    1. In cash,
    2. Through an acceptable bank letter of credit,
    3. Through an acceptable third party guarantee (residence customers only),
    4. Other posting of security deemed acceptable by the Telephone Company.

  5. Refund of Deposits

    Deposits will be refunded to residence customers, together with accrued interest, when:

    1. Service has been terminated or discontinued; or
    2. The customer has established acceptable credit under Paragraph 11.A.(1); or

    3. A customer is not currently delinquent and has made timely payment of bills for a period of twelve (12) consecutive months. Timely payment shall mean that no more than two bills during the previous twelve (12) months were paid beyond the due date. A refund shall not be made hereunder if service has been suspended for non-payment within the previous twelve (12) months.

      Deposits will be refunded to business customers at the sole discretion of the Telephone Company.

      When service for residence or business customers has been terminated or disconnected, deposits will be deducted by the Telephone Company from any unpaid amounts. The difference will be refunded if applicable.

      For business customers, interest at the rate determined by the average rate of one-year Treasury bills for the months of September, October and November of the previous year will be paid on the amount of the deposit, for the period it is retained and, where the deposit is retained for a period in excess of one year, interest will be paid annually through a credit to the customer’s account. The interest paid is without deduction for any taxes.

      For residence customers, interest in the amount of 4% will be paid on the amount of the deposit, for the period it is retained and, where the deposit is retained for a period in excess of one year, interest will be paid annually through a credit to the customer’s account. The interest paid is without deduction for any taxes.
12. CHARGES FOR FRACTIONAL MONTHS

When service is established or discontinued or when, for any reason, a customer’s billing date is changed, the charge for local service, equipment and facilities for each fractional part of a current billing month is determined as follows:

  1. The charge for local service, equipment and facilities is a pro rata share of the monthly charge.
  2. For purposes of administering this regulation, every month is considered to have thirty (30) days.

The foregoing provisions do not affect the regulations governing the minimum term of contract.

13. TRANSFER OF BUSINESS SERVICE FROM ONE CUSTOMER TO ANOTHER

The customer may transfer the customer’s business service only to another company or entity that is the successor to substantially all of the customer’s assets subject to the application of termination charges in accordance with Section 15 of this Tariff.

The call number associated with the telephone service to be transferred may, upon request of either customer, be associated with the new customer’s service if the new customer assumes all tariffed charges outstanding at the time of transfer and obtains, if requested by the Telephone Company, the written consent of the customer from whom the service is transferred.

14. CHANGE OF RESIDENCE SERVICE FROM ONE CUSTOMER TO ANOTHER

Change of residence service from one customer to another is permitted for an additional charge of $22.25.

The telephone number associated with the service to be transferred must remain the same; there cannot be a lapse in service; the service address must remain the same; and the service being transferred may not be currently suspended or terminated for non- payment of charges.

15. SUSPENSION, TERMINATION OR REFUSAL OF SERVICE
  1. Suspension of Service

    1. Residence Customers

      Service to any dwelling may be suspended by the Telephone Company after written notification to the customer, in the following circumstances:

      1. In the event of the abandonment of the service or any other violation by the customer of the rules, regulations or conditions under which service is furnished,
      2. The non-payment of charges due, the failure to make a deposit as security for payment of future bills, or the failure to comply with the material terms of a payment agreement,
      3. Unpaid indebtedness for telephone service previously furnished by the Telephone Company in the name of the customer within four (4) years of the date the bill is rendered,
      4. Any use of service by a customer in such a manner as to interfere unreasonably with or impair the use of service rendered to one or more other customers or that is used for any purpose other than as a means of communication,
      5. Unreasonable refusal to permit access to service connections, equipment and other property of the Telephone Company for maintenance and repair,
      6. Violation of any tariff provision so as to threaten the safety of any person or the integrity of the service delivery system of the Telephone Company,
      7. Fraud or material misrepresentation of identity to obtain telephone service,
      8. Fraudulent use of the service, including:
        1. the use of service or facilities of the Telephone Company without payment,
        2. the use of Directory Assistance to obtain a subscriber’s listed name, address or telephone number for any purpose other than to facilitate the making of a telephone call
        3. the obtaining, or attempting to obtain, or assisting another to obtain or to attempt to obtain, service by rearranging, tampering with, or making connection with any facilities of the Telephone Company, or by a trick, scheme, false representation, or false credit 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 regular charge for such service,
        4. the use of service or facilities of the Telephone Company for a call or calls, anonymous or otherwise, in a manner reasonably to be expected to frighten, abuse, torment, or harass another,
        5. the use of profane or obscene language,
        6. the continued use of non-basic or interexchange services where access to such services has been restricted by the Telephone Company and where the Telephone Company has warned the customer against further use of such services.

    2. Business Service

      In the event of the abandonment of the service, the non-payment of any sum due, the failure to make a deposit as security for the payment of future bills for service when required, or any other violation by the customer of the terms and conditions under which service is furnished, the Telephone Company may suspend all services provided to the customer, or terminate all services provided to the customer without suspension or following suspension, and sever all connections and remove all of its equipment from the customer’s premises.

      The Telephone Company may also terminate without advance notice any service which is used in such a manner as to interfere unreasonably with or impair the use of service rendered to one or more other customers or that is used for any purpose other than as a means of communication.

      Following such termination the Company will immediately notify the customer thereof. The Company reserves the right to discontinue or refuse service because of abuse or fraudulent use of service. Abuse or fraudulent use of service includes:

      1. the use of service or facilities of the Telephone Company without payment,
      2. the use of Directory Assistance to obtain a subscriber’s listed name, address or telephone number for any purpose other than to facilitate the making of a telephone call,
      3. the obtaining, or attempting to obtain, or assisting another to obtain or to attempt to obtain, service by rearranging, tampering with, or making connection with any facilities of the Telephone Company, or by a trick, scheme, false representation, or false credit 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 regular charge for such service,
      4. the use of service or facilities of the Telephone Company for a call or calls, anonymous or otherwise, in a manner reasonably to be expected to frighten, abuse, torment, or harass another,
      5. the use of profane or obscene language,
      6. any violation of any of the rules, regulations, or conditions under which service is furnished.

  2. Termination of Service

    Service may be subsequently permanently terminated if the conditions for which it was suspended are not eliminated or satisfied. This satisfaction also includes the payment of all overdue charges applicable to the time of the restoration of service, including the regular monthly recurring rate for the service during the period of partial or complete suspension for non-payment and including any taxes which are imposed on the customer and are required to be paid or prepaid by the Telephone Company.

  3. Refusal of Service

    The Telephone Company reserves the right to refuse an application for service made by anyone who is indebted to the Telephone Company for telephone service previously furnished within four (4) years from the date of application, until the indebtedness is satisfied. In the event that service is connected for a customer who is indebted to the Telephone Company for telephone service previously furnished such customer, the service may be suspended by the Telephone Company unless the customer satisfied the indebtedness within ten (10) days after written notification.

    Telephone Company also reserves the right to refuse an application for service made by anyone who has not reached the age of majority.

  4. Termination Liability

    changes or upgrades service, within the Company or its affiliates, under a term commitment provided the following conditions are met:

    1. The value of the new term commitment is equal to or greater than the remaining value of the current term commitment,
    2. The Company or its affiliates provides both the existing and the new service via tariff, similar documents, commercial agreements or on an individual case basis (ICB), and
    3. The order to discontinue the existing service and the order for the new or upgraded service are received by the Company or its affiliates at the same time.
16. INTERRUPTION OF SERVICE
  1. Main Service
    1. When main service is interrupted for a period of at least 24 hours, the Telephone Company, after due notice by the customer, shall apply the following schedule of allowances except in situations provided for in subsection (2). The Telephone Company may also, from time to time, offer its customers limited service alternatives in out of service conditions.
      1. One-thirtieth of the tariff monthly rate of all services and facilities furnished by the Telephone Company rendered inoperative, useless or substantially impaired for each of the first three full 24-hour periods during which the interruption continues after notice by the customer to the Telephone Company if the out-of- service extends beyond a minimum of 24 hours.
      2. Two-thirtieths of the tariff monthly rate for each full 24-hour period beyond the first three 24-hour periods referred to in Paragraph 16A (1) a. However, in no instance shall the allowance for the out-of-service period exceed the total charges in a billing period for the service and facilities furnished by the Telephone Company rendered useless or impaired.
    2. When service is interrupted for a period of at least 24 hours due to storms, fires, floods or other conditions beyond the control of the Telephone Company, an allowance of one-thirtieth of the tariff monthly rate for all services and facilities furnished by the Telephone Company rendered inoperative or substantially impaired shall apply for each full 24 hours during which the interruption continues after notice by the customer to the Telephone Company.

    3. The allowance described in this Section shall not be applicable where service is interrupted by the negligence or willful act of the customer to service or where the Telephone Company, pursuant to the terms of the contract for service, suspends or terminates service for non-payment of charges, or for unlawful or improper use of the facilities or service, or for any other reason provided for in the filed and effective tariff.

      The preceding Rule applies only when main telephone service to the Rate Demarcation Point is interrupted.

17. PROVISION OF DIRECTORIES

Telephone directories will be issued approximately every twelve months.

The directory shall remain the property of the Telephone Company until the succeeding issue becomes effective.

Current directories shall not be mutilated or destroyed and shall be surrendered upon request of the Telephone Company.

The Telephone Company shall provide one directory for each residential household at no charge. Business customers may request up to a maximum of six directories at no charge.

Additional directories are available for a $10 charge.

The Telephone Company assumes no liability for damage claimed on account of errors or omission from its directories and, in accepting listings as prescribed by applicants or customers, will not assume responsibility for the result of their publication in the directory.

18. LIABILITIES

  1. Of the Telephone Company

    The liability of the Telephone Company to its customers or other persons for damages arising out of failure to comply with a direction to install, restore or terminate service, or out of failure to satisfy a request to an operator to render assistance, or out of failures, mistakes, omissions, interruptions, delays, errors, or defects occurring in the course of furnishing service, shall in no event, unless caused by the willful and/or wanton misconduct of the Telephone Company, exceed an amount in liquidated damages equivalent to the greater of $500 or two times the proportionate charge to the customer for the service affected during the period in which such failures, mistakes, omissions, interruptions, delays, errors, or defects occur. In addition, no charge will be made to the customer for the affected service during the period in which such failures, mistakes, omissions, interruptions, delays, errors, or defects occur.

    The Telephone Company shall not be liable for damages arising out of failure or malfunction of any customer-provided facilities which are interconnected with the Telephone Company’s facilities.

    Whenever commercial power or its equivalent is required to operate service and facilities provided by the Telephone Company at the customer’s premises, the customer shall:

    1. Furnish such power which shall be suitable for the purpose, and
    2. Provide and maintain all necessary power wiring and power outlets at convenient locations.

    In the event of a commercial power failure, the Telephone Company shall have no liability, including liability for any direct or consequential damages, for the resultant interruption of the customer’s service. The Telephone Company shall also have no liability for any damage to the customer’s premises resulting from the existence of the Customer-provided power supply, wiring or power outlet.

    The Telephone Company, except as provided herein, shall not be liable for damages arising out of errors in or omissions from its directories, nor will the Telephone Company be a party to controversies arising between customers or others as a result of listings in its directories. The Telephone Company shall not be liable for damages arising out of errors in or omissions from its directories when the listing information has been submitted by a customer on behalf of its patron(s). The Telephone Company’s liability for damages arising out of errors in or omissions from its directories, including listings in the classified directory for which no specific charge applies and listings obtainable from an operator, including errors or omissions in the reporting thereof by an operator, shall in no event exceed an amount in liquidated damages equivalent to the proportionate charge for that part of the customer’s service which is impaired, but not to exceed one-half the local service charges for the service affected for the period from the date of issuance of the directory in which the mistake occurred to the date of issuance of a new directory containing the proper listing, or, in the case of an error or omission in reporting by an operator, for the period that such mistake in reporting continues.

    Adjustments within the limits provided herein may be made by direct payment to the customer or by credit to the customer’s account.

    When the lines of other telephone companies are used in establishing connections to points not reached by the Telephone Company’s lines, the Telephone Company is not liable for any act or omission of the other company or companies.

    The Telephone Company is not liable for any defacement of or damage to the premises of a customer resulting from the attachment of the Telephone Company’s instruments, equipment, cable and associated wiring on such premises or by the installation or removal thereof, when such defacement or damage is not the result of the negligence of the Telephone Company.

    Customer shall defend and indemnify the Telephone Company, its affiliates, agents and contractors from all third-party claims, liabilities, fines, penalties, costs and expenses, including reasonable attorneys’ fees, arising from or related to any acts or omissions by the customer, customer’s end users or customer’s third-party provider(s) that give rise to any claims of non-compliance of the Company with any applicable law, including the failure to purchase or implement features that enable compliance with laws.

    Customer shall indemnify and hold harmless the Telephone Company against claims for libel, slander, or the infringement of copyright arising directly or indirectly from the material transmitted over the facilities or the use thereof; against claims for infringement of patents arising from combining with, or using in connection with, facilities furnished by the Company, apparatus and systems of the customer; and against all other claims arising out of any act of omission of the customer in connection with the facilities provided by the Telephone Company.

    The Telephone Company shall not be liable for damages or statutory penalties in any case where a claim is not presented in writing within sixty days after the alleged incident occurs.

  2. Of the Customer

    When telephone service on a customer’s premises is intended to be available to the general public, and the customer, because of governmental regulations applicable to the customer or for any other reason, desires such service be made unavailable during certain periods other than periods when the entire premises are closed, the customer shall waive all claims which the customer may at any time have and shall indemnify and save the Telephone Company harmless from all claims by third parties (including any expense in connection with defending against such claims) arising out of any act done by the customer in making such service so unavailable.

    The customer indemnifies and saves the Telephone Company harmless from any and all claims (including any expense in connection with defending against such claims); for infringement of patents arising from combining with, or using in connection with, facilities of the Telephone Company, apparatus or systems of the customer; arising out of or in connection with the failure or malfunction of any customer-provided facilities which are interconnected with the Telephone Company’s facilities; or arising out of any act or omission of the customer in connection with facilities provided by the customer or by the Telephone Company.

    The customer indemnifies and saves the Telephone Company harmless from any and all claims (including any expense in connection with defending against such claims); for injury to any person or property caused by Telephone Company facilities on customer’s premises when the customer has altered his premises, thereby causing Telephone Company facilities to pose a danger to persons there, and has failed to inform the Telephone Company of that danger and to take such steps as would remove that danger.

19. PROVISION OF CUSTOMER PREMISES EQUIPMENT

In accordance with the Order of the F.C.C. in Docket 20828 (Amendment of Section 64.702 of the Commission’s Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC 2d 384, 419-428 (1980) (Computer II Final Decision)), customer premises equipment, as defined by the F.C.C., will not be provided by the Company, except as otherwise permitted by the F.C.C. The use and provision of customer premises equipment remains subject to the regulations of filed Tariffs. It is the customer’s responsibility to ensure that customer-provided premises equipment is compatible with associated service of the Company.

Any equipment furnished by the Company shall remain the property of the Company and upon termination of service for any cause whatsoever be returned to it in good condition, reasonable wear and tear thereof excepted.

20. INSTALLATION, RELOCATION, MAINTENANCE AND REPAIRS

Except as otherwise noted in this Tariff, all network wiring and equipment owned by the Telephone Company must be installed, relocated, maintained and repaired by the Telephone Company or its authorized contractor. However, the Telephone Company reserves the right to require the customer to install and maintain, in accordance with the Telephone Company’s specifications, facilities furnished by the Telephone Company located in places where their installation and maintenance by the employees of the Telephone Company would involve unusual hazard to them. The customer shall be responsible for payment of the cost of replacing damaged, destroyed or lost property of the Telephone Company caused by the negligence or wilful act of the customer or by the location of the facilities to meet the customer’s requirements at points involving unusual hazard to such facilities. The customer may not rearrange, disconnect, remove or attempt to repair or permit others to rearrange, disconnect, remove or attempt to repair any Telephone Company equipment or facilities on the Telephone Company’s side of the Rate Demarcation Point (RDP) including the Network Interface Device (NID), if present except upon the written consent of the Telephone Company or unless specifically authorized in other Sections of this Tariff.

If extraneous electrical impulses and/or other interference are present at the customer’s side of the RDP and require Telephone Company equipment or facilities to be modified, such modification shall be performed by the Telephone Company and the cost thereof shall be borne by the customer. If modification of customer-provided facilities is required, the customer shall perform the modification and bear the cost.

21. ACCESS TO PREMISES OF CUSTOMER

The agents and employees of the Telephone Company shall have the right to enter the premises of a customer at any reasonable hour for the purpose of maintaining, inspecting or repairing the facilities of the Telephone Company.

22. TELEPHONE NUMBERS

  1. ASSIGNMENT

    The area code, or codes, central office designation, or designations, or line number, or numbers, or all of them, to be associated with a customer’s telephone service shall be determined by the Telephone Company; and the Telephone Company reserves the right to change such codes, designations, or numbers, or all of them, associated with a customer’s telephone service as the conduct of the business may require.

23. SPECIAL SERVICES

  1. Special Assembly

    In cases where customers desire a special type of service for which provision is not otherwise made, a rate is quoted based on the cost of furnishing such service whenever in the judgment of the Telephone Company there is no reason for refusing to render the special service desired.

  2. Standby Labor

    On occasions such as, but not limited to, sporting events, one time entertainment events and telethons where the customer requests that Telephone Company employees be furnished on a standby basis to safeguard the continuity of Telephone Company provided services, the costs to the Telephone Company associated with such requests will be borne by the customer. Standby labor includes all time during which Telephone Company personnel are available for repairs, installations or tests of equipment or facilities. Charges based on cost per each hour or fraction thereof of standby labor furnished will apply.

  3. Standby Equipment

    Standby equipment includes all back-up or additional equipment or facilities available for use by the Telephone Company in the performance of any service. The charge for standby equipment will be based on costs.

24. TELECOMMUNICATIONS SERVICE PRIORITY
  1. The Telecommunications Service Priority System is the regulatory, administrative and operational system authorizing and providing for priority treatment, to provide and restore National Security Emergency Preparedness Telecommunications services. Under the rules of the Telecommunications Service Priority System, The Telephone Company is authorized and required to provide and restore services with Telecommunications Service Priority assignments before services without such assignments.
  2. The provision and restoration of Telecommunications Service Priority System services shall be in compliance with Part 64, Appendix A, of the Federal Communications Commission’s Rules and Regulations, the guidelines set forth in the Telecommunications Service Priority for National Security Emergency Preparedness Service User Manual and Service Vendor Handbook and in accordance with Telephone Company procedures.
25. PROMOTIONAL OFFERINGS

The Company may, from time to time, offer services at reduced rates and/or charges or at no rate or charge for promotional, market research, training or experimentation purposes. These Promotional Offerings may be limited to certain dates, times, and/or locations, but will not have a duration of longer than six (6) months in any rolling twelve month period which commences as of the effective date of the promotion (multiple promotions can occur during this twelve month period). Promotional offerings will be posted to the Telephone Company’s website.

Any customer will be allowed to participate in a promotional offering upon request, provided the Company has the necessary facilities and billing capabilities to permit such participation.

For all promotional offerings which involve usage or monthly rates, the Company will provide customers with a notice of the promotional and post-promotional rate(s) for the promoted service(s) at the time the promotional offering is made.

26. OBLIGATIONS OF CUSTOMER WITH RESPECT TO CONNECTIONS WITH CERTAIN FACILITIES OF OTHERS

  1. Connections with Certain Facilities of Others

    1. Customer-Provided Systems connected to the Company’s network which were manufactured, imported, sold, leased, or installed after February 16, 2020 must be configured to*:
      • allow an end user to directly initiate a “911” call from any station equipped with dialing facilities, without dialing any additional digit, code, prefix, or post-fix, including any trunk-access code such as the digit 9, regardless of whether the user is required to dial such a digit, code, prefix, or post-fix for other calls, and
      • provide Customer-Provided Systems notification to a central location at the facility where the system is installed or to another person or organization regardless of location, if the system is able to be configured to provide the notification without an improvement to the hardware or software of the system.

      Customer-Provided Systems notification must (1) be initiated contemporaneously with the 911 call, provided that it is technically feasible to do so; (2) not delay the call to 911; and (3) be sent to a location where someone is likely to see or hear it.

    2. A person engaged in the business of installing Customer-Provided Systems* may not install such a system in the United States unless it is configured such that it is capable of being programmed with and conveying the dispatchable location of the caller, as defined in 47 C.F.R. § 9.3, to the PSAP with 911 calls consistent with the requirements below. A person engaged in the business of managing or operating Customer-Provided Systems may not manage or operate such a system in the United States unless it is configured such that the dispatchable location of the caller, as defined in 47 C.F.R. §9.3, is conveyed to the PSAP with 911 calls consistent with the following requirements:
      • On-premise fixed telephones associated with Customer-Provided Systems must provide dispatchable location by January 6, 2021;
      • No later than January 6, 2022, on-premise non-fixed telephones associated with Customer-Provided Systems must provide dispatchable location where technically feasible, otherwise they shall provide dispatchable location based on end user manual update or on alternative location information as defined in 47 C.F.R. § 9.3;
      • No later than January 6, 2022, off-premise non-fixed telephones associated with Customer-Provided Systems must provide dispatchable location where technically feasible, otherwise they shall provide dispatchable location based on end user manual update, or enhanced location information which may be coordinate based and consisting of the best available location that can be obtained from any available technology or combination of technologies at reasonable cost.
      • Customers to DID Service capable of accessing 911 emergency services shall be responsible for providing automated dispatchable location information as defined in 47 C.F.R. § 9.3 and for maintaining the accuracy of that information for fixed services as of January 6, 2021 and for non-fixed services where technically feasible as of January 6, 2022.
      • Customers, particularly private switch owners, private branch exchange owners, and customers of DID service, may need to purchase additional features or services to comply with the dispatchable location provisions of RAY BAUM’s Act. Dispatchable location capability may require Customers to purchase private switch automatic location identification (PS/ALI) service from the Company or from a third- party provider.
    3. Customer Equipment, PBXs and Channels.
      1. All Customer-Provided Systems connected to the Company’s network on or after February 16, 2020, must be configured to allow direct “911” dialing by any end user and must be configured to send Customer-Provided Systems notifications as described in Section 36.A.(1).
      2. Customer-Provided Systems must be capable of conveying the dispatchable location of a 911 caller to a public safety answering point (“PSAP”) as described in Section 36.A.(2).
    4. Customers who connect Customer-Provided Systems to the Company’s facilities agree to defend and indemnify the Company for acts and omissions that give rise to any claims of non-compliance, as described in Section 15.A.(l).

27. TELECOMMUNICATIONS RELAY SERVICE

Telecommunications Relay Service (TRS) is a relay telecommunications service for the deaf, hard of hearing, hearing and/or speech disabled population. TRS is mandated by the Americans with Disabilities Act of 1990 to provide functionally equivalent telephone services that are available to other U.S. citizens, at no additional cost. TRS includes both traditional relay (devices such as Teletypewriters (TTY) and Telecommunication Devices for the Deaf (TDD)) and captioned telephone voice-carry-over relay services (captioned telephone). These relay services permit telephone communications between individuals with hearing and/or speech disabilities, who must use a TTY, TDD or captioned telephone, with individuals having normal hearing and speech. Additionally, 711 abbreviated dialing is available to access TRS. The Company’s switching equipment is arranged to translate the “711” calls to the assigned toll-free number, (888) 895-1197, in order to route calls to the Telecommunications Relay Service Provider.

In addition to the charges provided in this tariff, a surcharge will apply to all residence and business access lines served by this Company. This surcharge applies regardless of whether or not the access line uses the TRS.

28. VACATION SERVICE ARRANGEMENTS

Vacation service arrangements provide the temporary discontinuance of service at the customer’s request without termination of contract.

  1. Vacation service arrangements are available to residential customers.
  2. The Telephone Company reserves the right to refuse vacation service arrangements to any customer whose account is delinquent.
  3. Vacation service arrangements will not be made for periods of less than one (1) month nor for an aggregate period of more than six (6) months in twelve (12) consecutive months.
  4. A minimum of six (6) months service at full rate will apply between periods during which vacation services are provided.
  5. No outward or inward service is provided during the period the customer has vacation service.
  6. Monthly bills are rendered for payment at the reduced rate during the period the customer is being furnished vacation services.
  7. Vacation service rate is fifty percent (50%) of the basic residential telephone rate.
29. PRIVATE BRANCH EXCHANGE SERVICE

A Private Branch Exchange (PBX) is a type of Customer Premises Equipment (CPE) that has the ability to switch calls between individual stations and perform other call processing functions, without use of the Telephone Company switch. An End User (EU) with a PBX needs trunk service to connect the PBX to the Telephone Company switch.

There are several different kinds of trunk services available:

  • Trunk Line Services
  • Direct Inward Dial (DID) service
  • Toll Access service

All trunks terminate at the Minimum Point Of Entry (MPOE).

If the EU has CPE that doesn’t switch calls (such as a Key System or 10-button telephone set), it is generally recommended that the EU use Basic Exchange Services (BES) rather than PBX Trunk Services to connect to the PB/NB Network.

Three configurations of trunk lines are available:

  • In only, which allows calls to be routed from the Telephone Company to the PBX; outward calling is denied.
  • Outgoing only, which allows calls from a station user on the PBX to the Telephone Company; incoming calls are denied.
  • Combination, or Two-Way Trunk Lines, which provide incoming and outgoing call capability.

Each trunk line is a pair of wires that connect the PBX to the line side of the Telephone Company switch.

Telephone number assignment for trunk lines follows the same basic rules as for Basic Exchange Services.

The following standard features are provided with each trunk line, at no additional charge:

  • Touch Tone – Trunk line services are provided as Touch Tone, which is also referred to as Dual-Tone Multi-Frequency (DTMF).
  • Loop Start or Ground Start – Trunk line services are available as either Loop or Ground Start. These options govern how a call is initiated and released.
    • Loop start is usually used with individual telephone sets. In loop start, a telephone call is ‘started’ (seized) by giving the CO a signal. That signal is typically the taking of the telephone hand-set off-hook. The Loop connecting the CO and the telephone has two wires; one is called the ‘ring’ wire, the other the ‘tip.’ The ring lead is connected to a power supply in the CO which provides a -48V and the tip lead is connected to ground (0V, also provided at the CO). With loop start, a call is started by physically connecting the tip and the ring wires that pass through the telephone. The resulting flow of power is seen by the CO as a request for dial tone. On an incoming call, the CO rings the telephone. Ringing (65-100 AC volts @20Hz) is applied via AC voltage from the CO to the phone. Answer is shown with the flow of DC current when the telephone is taken off-hook (connecting the ring and tip), at which time ringing stops and the call starts. Disconnect starts when DC current stops flowing.
    • Ground start uses the same tip and ring wires as detailed above, but with some electrical differences. The CO provides -48V on the ring wire, but the Tip is open (not connected to anything). To request dial tone, the CPE takes the ring wire to ground, which causes current to flow. The CO sees the current flow, takes the tip to ground and provides audible dial tone over the tip and ring. The PBX sees the ground on the tip and connects the tip and ring for the duration of the call.
    • The type of start to be used depends on the kind of equipment the EU has. Generally, most PBX systems require Ground Start.

Optional Features

Optional PBX features, which are available at an additional charge, are:

  • Hunting- An arrangement that allows calls made to one trunk line to be routed to another trunk line when the first line is busy. Trunk lines that hunt to one another may be referred to as a hunt group. Lines in a hunt group must all be of the same class of service and for use of the same EU. Hunting is not necessary on out-only trunk lines, because the sequence in which calls are routed from the PBX to the CO is governed by the PBX.
  • Night Service- This feature is used to directs calls to another telephone number. It may be desirable for an EU which has a single answering point for incoming calls, such as an attendant. Calls may be redirected to any number in the North American Numbering Plan (NANP).
  • Make Busy- An arrangement that allows the EU to ‘make busy’ predetermined individual trunk lines. It is controlled by the EU, from their premises, and requires a separate Private Line. Each arrangement can control up to 60 trunks.
  • Stop Hunt- This feature gives the EU the ability to restrict the number of simultaneous incoming calls received on a specific trunk line group in a hunt group. It requires a separate Private Line.
  • Custom Calling Features- The following Custom Calling Feature services are available on PBX Combination trunk lines:
    • Variable Call Forwarding, which automatically redirects the call to another telephone number. This feature must be activated by the EU.
    • Busy Call Forwarding, which redirects a call when the trunk is in use.
    • Delay Call Forwarding, which redirects a call when unanswered after a specified number of rings.
    • Speed Calling 8 and 30, which permits abbreviated code dialing.
    • Caller ID, which identifies the originating number of an incoming call.
    • Caller ID Complete Blocking- which blocks the sending of caller id information.

Note: RAF (Remote Access to Call Forwarding) is not available on PBX trunks.

PBX-Resale Toll Access

Some hotels, motels, and hospitals rely on specialized trunk lines to limit the types of outbound calls that can be placed from their PBX systems. All calls are screened for billing instructions, with two types of screening capabilities available:

  • Screen Code 23: Generally used by hospitals, this option limits the types of calls made to those billed to:
    • Calling cards
    • Third numbers
    • Non-subscriber calling cards
    • Called party instructions (including collect calls).
  • Screen Code 24: Generally used by hotels and motels, this option limits the types of calls made to those billed to:
    • Calling cards
    • Third numbers
    • Calling party instructions

These trunks are used for outbound calling only.

Loop Or Ground Start

Trunk line services are available as either Loop or Ground Start. These options govern how a call is initiated and released. The type of start to be used depends on the kind of equipment the EU has. Generally, most PBX systems require Ground Start.

Additional services related to trunk lines include:

  • Billed Number Screening (BNS), to restrict third party and collect calling charges against any or all of the telephone numbers in the DID Number Block.
  • Directory Listings are available at the charge for Additional Listings.

Customer Equipment, PBXs and Channels.

  • (a) All Customer-Provided Systems connected to the Company’s network on or after February 16, 2020, must be configured to allow direct “911” dialing by any end user and must be configured to send Customer-Provided Systems notifications as described in Section 36.A.(1).
  • (b) Customer-Provided Systems must be capable of conveying the dispatchable location of a 911 caller to a public safety answering point (“PSAP”) as described in Section 36.A.(2).
  • (4) Customers who connect Customer-Provided Systems to the Company’s facilities agree to defend and indemnify the Company for acts and omissions that give rise to any claims of non-compliance, as described in Section 18.

Pricing

PABX Trunking: $110 monthly

Ground start: $13.25 monthly

distance to the customer premises, the trunking type and the ancillary services desired.

30. MULTIPLE SERVICES

Telephone services are available on a stand-alone basis or in conjunction with additional services that include:

  1. Mobiletelephone
  2. Internet access service
  3. Cable television service
  4. Enhanced services, including cloud-based services

When a customer purchases multiple services, it is entering a contract with a service provider that is affiliated with the Telephone Company, but is not the Telephone Company. The contract that the customer enters with the affiliated service provider may include terms and conditions in addition to what is provided for within this Tariff.

When a customer purchases multiple services, the customer is responsible for all the charges associated with the Services. Credits earned for one service (e.g., telephone) may be applied to payments owed for another service (e.g., Internet) at the Telephone Company’s discretion. When payment is past due for any Service, the Telephone Company may terminate Service to the customer in the following order:

  1. Cable television will be terminated first
  2. Internet service will be terminated second
  3. Mobile telephone service will be terminated third
  4. Telephone service will be terminated last
32. PRICING

  1. Residential Telephone Service

    Basic residential telephone service: $23

  2. Business Telephone Service

    Single-line business telephone service: $64

    Installation charge: $150

  3. Additional fees and taxes

    Additional fees may be imposed by the FCC or Government of the U.S. Virgin Islands and include the following:

    • Subscriber Line Charge/End User Common Line
    • Access Recovery Charges
    • Universal Service
    • Telecommunications Relay Service
    • Emergency Services (911)
    • VIEMSUR (Act 7261, local emergency services)
    • Local/federal taxes

  4. Service charges

    The following service charges may apply:

    • Late payment fee: $3.00
    • Returned check fee: $30.00
    • Service restoration fee: $15.00
    • Service reconnection fee: $22.25

  5. Price Cap and Flexibility

    Rates provided in this tariff represent the maximum rate allowable by the PSC for these services through December 31, 2027. The Telephone Company may reduce prices, offer discounts and/or promotional pricing for these services as market conditions warrant, but may not exceed these prices.

33. LIFELINE SERVICE

  1. Description

    Lifeline provides up to a $9.25 monthly discount on service for eligible low-income subscribers. Lifeline service is a non-transferable government assistance program only available to eligible consumers. The Lifeline discount is limited to one discounted service per household (qualifying wireline, wireless or broadband service plans).

    If you qualify for participation in Lifeline, you will receive a credit on your local monthly bill for the service you choose. One qualifying service per eligible household may receive the Lifeline credit.

    In addition to the federal monthly discount, a Virgin Islands discount of $10.55 monthly is applied as well to qualifying Lifeline customers.

    Certification of eligibility is done online through the Lifeline National Eligibility Verifier (National Verifier). You may do this on your own at checklifeline.org or with help from a Viya representative at a Viya Customer Service Center. You must complete an application to prove your eligibility. You may be required to upload documentation to verify your date of birth, social security number, residential address, and income or federal assistance program participation. Once you have been approved in the National Verifier you can sign up to receive Lifeline service from Viya.

  2. Qualifying for Lifeline

    Under federal rules, willfully making false statements to obtain the benefit can result in fines, imprisonment, de-enrollment, or being barred from the program. Only one Lifeline service is available per household. A household is defined, for purposes of the Lifeline program, as any individual or group of individuals who live together at the same address and share income and expenses. A household is not permitted to receive Lifeline benefits from multiple providers. Violation of the one- per-household limitation constitutes a violation of the FCC’s rules and will result in the subscriber’s de-enrollment from the program. Lifeline is a non-transferable benefit, and the subscriber may not transfer his or her benefit to any other person.

    You may qualify for federal Lifeline benefits if your household income is at or below 135% of the Federal Poverty Guidelines (FPG), or you participate in any of these programs:

    • Medicaid (not Medicare)
    • Supplemental Nutrition Assistance Program (SNAP or food stamps)
    • Federal Public Housing Assistance (FPHA)
    • Veterans and Survivors Pension Benefit
    • Customers seeking to qualify for program benefits under the income-based standards are required to provide written documentation of their household income.

    Customer is responsible for notifying the Telephone Company within 30 days of learning that customer no longer meets the eligibility requirements for the Lifeline program or of a change of address.

  3. Regulations

    Lifeline Service will be provided to a customer only so long as such customer continues to meet the participation and certification guidelines. The Telephone Company is required to annually certify all Lifeline participants to ensure continued eligibility. Lifeline Service customers will be notified that they must certify their eligibility within thirty (30) days. If a customer either fails to certify eligibility within 30 days or notifies The Telephone Company that he/she no longer meets the eligibility criteria, low-income eligible, the customer’s Lifeline Service will be changed to the applicable residential telephone service at existing tariff rates (no connection charges will apply to existing services or options).

    Lifeline Service customers may not subscribe to any other type of residence Local Exchange Service at the same or other premises.

    All existing tariffed Miscellaneous Charges may apply to Lifeline Service, but Lifeline customers will not be charged for paper bills.