CENTRAL TELEPHONE COMPANY NEVADA DIVISION ( SPRINT ) NEVADA LOCAL TERMS OF SERVICE SECTION THIRTY-TWO: SPRINT ETHERNET SM SERVICES 32.1. GENERAL A. Sprint Ethernet Services is a high-speed data service, which uses a shared fiber network to allow for the interconnection of Local Area Networks (LAN) across selected metropolitan areas. Sprint Ethernet Services delivers 10 Mbps, 100 Mbps, and 1 Gigabit (1000 Mbps) access from the customer's LAN to the shared Sprint Ethernet Services network. Sprint Ethernet Services protects data privacy by using specialized screening software, which permits subscribers to access only their data. Sprint Ethernet Services is offered for local and intralata use where Sprint facilities exist. B. Sprint Ethernet Services is only available through a Term Discount Plan for a fixed period of up to 60 months. The minimum service term for Sprint Ethernet Services is 12 months. C. Temporary Suspension of Service (Vacation Service) at the customer s request, as defined in Sprint s Local Terms of Service, is not allowed for Sprint Ethernet Services. D. Charges Applicable Under Special Conditions, as defined in Sprint s Local Terms of Service, may apply when technical limitations and/or the lack of facilities exist, or if it is necessary to construct facilities to satisfy service requests. 32.2. REGULATIONS A. Description of Service 1. Sprint Ethernet Services is available to customers whose serving central office is equipped with Sprint Ethernet Services equipment and is located within 28km or 15 miles from the serving central office. 2. The network demarcation point is an 802.3 (Ethernet), 802.3u (Fast Ethernet) or 802.3z (Gigabit Ethernet) LAN interface on the Sprint Ethernet Services equipment at the subscriber premises. Sprint Ethernet Services network access for 802.3 interface is provided at 10 Mbps, while 802.3u network access is provided at 100 Mbps and 802.3z network access is provided at 1 Gigabit (1000 Mbps). VLAN subscribers must choose between 802.3, 802.3u or 802.3z LAN standards. B. Definitions 1. Local Channel Connection The local loop from Sprint s serving central office to the customer premises. 2. Local Access and Transport Area (LATA) - Denotes a geographic area established for the provision and administration of communications service. It encompasses one or more designated exchanges that are grouped to serve common social, economic, and other purposes. 3. Local Area Network (LAN) A network permitting the interconnection and intercommunication of a group of computers, primarily for the sharing of resources such as data storage devices and printers. 4. 802.3 Colloquially known as Ethernet, 802.3 runs over fiber at 10 megabits per second. It is a part of the body of LAN standards developed by the Institute of Electrical and Electronics Engineers, Inc. (IEEE). 5. 802.3u A LAN standard out of IEEE, known as Fast Ethernet, 802.3u typically runs over fiber at 100 megabits per second. Page 1 of 5
6. 802.3z A LAN standard out of IEEE, known as Gigabit Ethernet, 802.3z typically runs over fiber at 1000 megabits per second (1Gigabit). 7. VLAN - A VLAN is an identifier assigned to each customer group. VLAN IDs allow multiple customers to share a common infrastructure while maintaining separate LAN domains. 8. VLAN Bridging is a grouping of Customer computers in a single broadcast domain. A VLAN may exist across multiple physical LAN segments, including multiple locations. VLAN Bridging allows for traffic broadcasting within a customer s predefined group of locations at Layer 2 of the Open Systems Interconnection (OSI) model. C. Connections 1. Customer-Provided Terminal Equipment, Customer-Provided Derivation Equipment and Customer-Provided Communications Systems may be connected to Sprint Ethernet Services when such connection is made in accordance with the terms of this Exhibit. 2. Responsibility of Sprint (a) The responsibility of Sprint will be limited to the furnishing and maintenance of Sprint Ethernet Services to a network interface on the customer s premises where provision is made for the connection of local service and where customer s premises are not more than 28 km or 15 miles from the serving central office. (b) Sprint will not be responsible for installation, operation or maintenance of any terminal equipment or communications systems provided by the customer. Sprint Ethernet Services is not represented as adapted for the use of such equipment or system. Where such equipment or system is connected to Sprint facilities, the responsibility of Sprint will be limited to the furnishing of facilities suitable for Sprint Ethernet Services and to the maintenance and operation in a manner proper for such digital service. Sprint will not be responsible for: (1) The through transmission of signals generated by such equipment or system, or for the quality of, or defects in, such transmission, or (2) The reception of signals by such equipment or systems, or (3) Damage to terminal equipment or communications systems provided by a customer or authorized user due to testing. 3. Sprint will not be responsible to the customer if changes in any of the facilities, operations or procedures of Sprint utilized in the provision of Sprint Ethernet Services under any facilities or equipment provided by a customer obsolete, or require modification or alteration of such equipment or system or otherwise affects its use or performance. 4. Sprint is responsible for maintaining and repairing the facilities it furnishes. The customer may not rearrange, disconnect, remove or attempt to repair any equipment installed by Sprint without prior written consent of Sprint. 5. In order to maintain the quality of Sprint Ethernet Services, Sprint reserves the right to perform preventative maintenance and software updates to the network. Sprint has classified maintenance as follows: (a) Scheduled Maintenance Scheduled maintenance is performed for functions such as hardware and software upgrades and network optimization. Sprint will perform these tasks in a maintenance window Page 2 of 5
that is anticipated to minimize disruption of customer service and activity. Sprint will provide advance notice of all scheduled maintenance. (b) Demand Maintenance Demand maintenance may occur as a result of unexpected events and is performed when Sprint Ethernet Services network elements are in jeopardy. Sprint will perform this type of maintenance at its discretion. Due to the nature of demand maintenance, prior notification may not be possible; however, the customer will be informed when the maintenance has been completed. D. Responsibility of the Customer 1. The customer is responsible for installing and testing the customer premises equipment or facilities to insure that when they are connected to Sprint Ethernet Services such equipment or facilities are operating properly. 2. The operating characteristics of the customer premises equipment or facilities will be such as to not interfere with any of the services offered by Sprint. Such use is subject to the further provisions that the equipment provided by a customer does not: endanger the safety of Sprint employees or the public; damage, require change in or alteration of the equipment or other facilities of Sprint; interfere with the proper functioning of such equipment or facilities; impair the operation of Sprint s facilities or otherwise injure the public in its use of Sprint s services. Upon notice that the equipment provided by a customer is causing or is likely to cause such hazard or interference, the customer will take such steps as necessary to remove or prevent such hazard or interference. 3. The customer s responsibility will include cooperative testing with Sprint as may be necessary. Where regeneration and/or equalization adjustments or changes may be required to compensate for rearrangements and/or changes in outside plant facilities, the customer will be responsible for all expenses incurred in changes to his customer premises equipment. 4. The customer must provide the necessary power to Sprint with 2 duplex isolated ground 20 amp. 120v. AC outlets. The outlets must be within 5 feet of the equipment. All electrical work must meet the National Electrical Code (NEC). 5. The customer will provide Sprint with adequate space to place an equipment cabinet on the premises. Equipment cabinet dimensions are H70 xw30 xl30. The customer will provide a 2-foot clearance on all sides and above the equipment cabinet. 6. Conduit Space (a) Exterior The customer is responsible to ensure adequate conduit space is available to place fiber from the closest right-of-way into the main telephone room within a building. (b) Interior If Sprint provided equipment is to be located in space other than the telephone room, the customer is responsible to provide a 2 inch interior conduit suitable to run fiber jumpers to the equipment. 7. Environment (a) Air The customer is responsible to provide adequate cooling to maintain the equipment operating environment parameters as follows: (b) Temperature: 55-85 degrees Fahrenheit (c) Humidity: 70% or less 8. Space The customer is responsible to provide a clean environment free from flooding for Sprint provided equipment. Page 3 of 5
9. Access to Premises Customer will provide Sprint maintenance personnel or contractors with access to Sprint s equipment placed at Customer s premises for regular maintenance and service. E. Connection of Customer-Provided Terminal Equipment, Customer-Provided Derivation Equipment and Customer-Provided Communications Systems 1. The following provisions will apply: (a) Customer-Provided Terminal Equipment and/or Customer-Provided Communications Systems may be connected at the premises of the customer to Sprint Ethernet Services. (b) The customers, by use of their own derivation equipment, may create digital bit streams from Sprint Ethernet Services and such equipment may be connected for transmission of such bit streams when connected through a customer-provided CSU. (c) The undertaking of Sprint is to furnish Sprint Ethernet Services as ordered and specified by the customer except as specified in Section 32.2.E.4. 2. Connections to Other Services Furnished by Sprint to the Same Customer - Sprint Ethernet Services may be connected by the customer to another service or to other services furnished by Sprint as specified in Section 32.2.E.1(b). Connected services are subject to all rules and regulations governing the provisioning of those services. 3. Connections to Other Services Furnished by Sprint to Different Customers - The customer may connect at the premises of the customer, to another Sprint Ethernet Services or other services furnished by Sprint to different customers as specified in Section 32.2.E.1(b). Connected services are subject to all rules and regulations governing provisioning of those services. 4. Connection of Channel Service Units - A Channel Service Unit (CSU) or appropriate termination equipment must be provided by the customer to connect a Sprint-provided digital facility. This equipment must comply with the technical requirements outlined in Part 68 of the FCC Rules and Regulations. 5. The customer will be responsible for payment of a Maintenance of Service Charge for visits by Sprint to the customer's premises where the service difficulty or trouble report results from the use of equipment or facilities provided by the customer. 6. The customer may not rearrange, disconnect, remove or attempt to repair any equipment installed by Sprint without the prior written consent of Sprint. 7. For maintenance purposes, upon request of Sprint, the customer will be responsible for notifying Sprint of the type of digital terminating equipment used. 32.3. TERM DISCOUNT PLAN (TDP) A. The minimum service period is 12 months. A TDP provides the customer with flexible pricing options for the Sprint Ethernet Services. The customer agrees to a minimum service commitment period when the TDP is established. The customer must order a TDP in writing to Sprint: A TDP may be ordered from the following plan options: 1. Plan A: 36 months 2. Plan B: 60 months B. The customer must specify the length of the initial service period at the time the service is ordered. At the end of the term plan the customer may subscribe to a new term plan at Sprint s then prevailing rates. The customer can terminate Sprint Ethernet Services at the Page 4 of 5
end of the minimum commitment period with no penalty or obligation to continue the service. C. The customer may extend TDP commitment periods at any time during the term of the plan, up to a maximum of 60 months. If the term commitment is extended, the number of months remaining in the original TDP at the time of the extension will be included in the total term of the new TDP. D. If a customer under a TDP disconnects all or any portion of its Sprint Ethernet Service prior to the expiration of the TDP, a Termination Liability Charges will apply to those disconnected services. The Termination Liability Charge will be a one-time charge equal to the sum of 50% of the payments otherwise remaining in the Term for the disconnected services. E. Termination Liability Charges will not apply when a service or rate element under a TDP is disconnected prior to the expiration of a selected service period as a result of a change in tariff jurisdiction and/or a customer requested upgrade to a next generation service offering, under the following conditions: 1. The service period of the new TDP for the new service offering is a period equal to or exceeding the remaining service period of the disconnected TDP, and 2. The service orders to install the new service and disconnect the old service are related together, and there is no lapse in service between the installation of the new service and the disconnection of the old service, and 3. The service orders to install the new service and disconnect the old service are for the same customer at the same location. F. Sprint will determine whether the replacement service qualifies as a next generation service offering. G. Nonrecurring charges and Service Charges for the new service will apply according to the requirements of the new service. 32.4. SERVICE COMPONENTS AND RATE ELEMENTS A. Sprint Ethernet Services Basic Transport includes the elements of demarcation, port electronics at the subscriber's premises, the local channel connection to Sprint's Sprint Ethernet Services switching system function, and participation in a single Virtual Private Network. Charges are dependent upon the number of ports per building and the total number of ports per customer. B. Inter-working with Frame Relay Service or ATM Service - This optional feature allows the customer with a Frame Relay or Asynchronous Transfer Mode local channel to connect with the Sprint Ethernet Services network at Sprint s central office. C. Nonrecurring Charge - The Nonrecurring Charge is applicable for the initial installation of a local channel connection to a given serving central office. The Nonrecurring Charge is also applicable for any rearrangement of an existing local channel connection. D. Move Charge - A Move Charge applies for local channel connection moved to a new location, even when moved on the same premises. The Move Charge is equal to the Nonrecurring Charge and applies in addition to the Service Ordering Charge. E. Service Charge - A Service Ordering Charge is applicable per customer request.. Page 5 of 5