BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION · 2003-01-30 · BEFORE THE ARKANSAS PUBLIC SERVICE...

BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION

Telecommunications Services within the State of Arkansas

In the Matter of the Application of Uni-Tel I

Docket No.

Communications Group, Inc. for a Certificate of Public Convenience & Necessity to Operate as a Reseller of

APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY OF UNI-TEL COMMUNICATIONS GROUP, INC.

Uni-Tel Communications Group, Inc. ("Uni-Tel" or "Applicant") hereby respectfully

applies to the Arkansas Public Service Commission for a Certificate of Public Convenience and

Necessity as a reseller of competitive telecommunications services within the State of Arkansas.

Applicant seeks statewide authority to serve presubscribed inbound and outbound long distance,

directory assistance, and calling card services to customers in the State of Arkansas. Applicant

does not and will not offer alternative operator services (AOS). All operator services are

provided by the Arkansas certified underlying carrier.

Applicant is subject to the jurisdiction of this Commission pursuant to Ark. Stat. Ann. 9

23-3-201 et seq. Uni-Tel seeks approval of its Application for a Certificate of Public

Convenience and Necessity, pursuant to the provisions of Rule 7 of the Commissions Rules of

Practice and Procedure.

In support of this Application and as required under rule 7.06, Uni-Tel states as follows:

(a) The name and address of the telecommunications utility:

Uni-Tel Communications Group, Inc. 6 18B West Fifth Avenue Naperville, Illinois 60563 (630) 579-0058

(b) A description of the telecommunications utility’s managerial ability to provide the

proposed service:

Uni-Tel submits in support of its Application that it has the managerial ability to

resell interexchange services in Arkansas. See Exhibit A.

(c) Questions, comments and notices concerning this Application should be addressed to:

Bobbi Ferguson, Senior Consultant Visiology, Inc. 16061 Carmel Bay Drive Northport, Alabama 35475 (205) 330- 1703

(d) Uni-Tel is a privately held corporation incorporated in the State of Indiana. A certified

copy of the Articles of Incorporation is attached at Exhibit B. A copy of the Applicant’s

Certificate to operate as a Foreign Corporation issued by the Arkansas Secretary of State

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is attached at Exhibit C. Applicant’s registered agent in the State of Arkansas is:

National Registered Agents, Inc. 101 South Spring Street Little Rock, Arkansas 72201

(e) A description of the telecommunications utility and of the telecommunications services

it proposes to provide:

Uni-Tel plans to offer inbound and outbound long distance service, calling card

service, and directory assistance service. For outbound services originating via switched

access, service will be offered in equal access areas. All other services will be offered

statewide. Section 3 of the Applicant’s proposed tariff, enclosed at Exhibit F, provides

a complete description of the services to be resold. The Applicant’s offerings are

intended for business and residential customers.

(f) A description of the telecommunications utility’s technical means to provide the proposed

service:

Because Uni-Tel is a non-facilities-based (switchless) reseller, the facilities of

Frontier are to be used. Therefore, Frontier’s technical ability to provide service is more

germane than the technical ability of Uni-Tel. That ability has already been demonstrated

by Frontier’s prior operations in the State of Arkansas.

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(8) Information setting forth the financial condition of the telecommunications utility:

A copy of Applicant’s current balance sheet is attached at Exhibit D and a current

statement of operations at Exhibit E.

(h) Initial tariffs proposed for the services to be offered:

The proposed initial tariff for Uni-Tel is attached at Exhibit F.

(i) A detailed description of the transmission facilities, switching equipment, and the points

at which the transmission equipment connects to the local exchange network through

switched, special or private access service, together with a description of the type of

access service used to connect to the local exchange network. This same information

shall be provided with regard to direct access to any customer.

The Applicant does not own, operate, or control any transmission or switching

All transmission and switching facilities are controlled by the Arkansas equipment.

certified underlying carrier.

(j) Any other information to support the application.

Brief description of Applicant’s Billing and Service Complaint Procedure.

The underlying carrier sends Uni-Tel call detail. Bills are prepared by Uni-Tel in

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accordance with Uni-Tel’s tariff and are sent directly to the Uni-Tel customer. Billing

inquiries and service complaints are handled by the Applicant’s Customer Service

department. The customer may write Customer Service at the Applicant’s headquarters

address or call a previously supplied toll free (800/888) number. Credits to customer

accounts will be applied to the next bill.

Emergency Call Handling

All 91 1 and 0- calls will directly route to the local operator.

indicating an emergency situation will be processed by the underlying carrier.

Any 00- call

IntraLATA Service

Switched access calls will be routed using FG-D access service of the LEC’s for

customer access to its 1+ services and the LEC will automatically strip intraLATA calls.

Alternative Operator Services

Uni-Tel does not offer operator services. Applicant does not offer services

designed for the hospitality or public (i.e. hotel/motel, prison, payphone, hospital, etc.)

markets, and therefore, does not sell services to aggregators.

(k) Any other information to support the application.

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Competition and Independence

Applicant will compete with other interexchange carriers, resellers, switchless

resellers, and aggregators offering telecommunication services within the State of

Arkansas. To successfully gain market penetration and market share, Applicant will offer

quality telecommunications services at competitive pricing. Applicant is independent of

and not affiliated with any local exchange carrier.

Public Interest Being Served

Uni-Tel submits the following reasons in support of its belief that the public

interest will be served by approval of this Application. By purchasing a package of

interstate, intrastate, and international telecommunication services in large volume, Uni-

Tel has been able to obtain a significant discount in the price of those services. The

benefits of that discount are passed along in part to Uni-Tel customers who, acting

individually, could not generate a sufficient volume of business to command a discount

from an interexchange carrier on their own.

Miscellaneous Statements

By this Application and exhibits, Uni-Tel demonstrates that it has the technical,

managerial, and financial resources and ability to conduct this business for the benefit of

the public.

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WHEREFORE, on the basis of the information provided in this application and the

Exhibits thereto, Applicant respectfully requests that the Commission grant the authority requested

herein.

Respectfully submitted, Uni-Tel Communications Group, Inc.

John W. Gustaitis, I1 President

Dated: -&(f=

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BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION

In the Matter of the Application of Uni-Tel Communications Group, Inc. for a Certificate of Public Convenience & Necessity to Operate as a Reseller of Telecommunications Services within the State of Arkansas Docket No.

AFFIDAVIT OF APPLICANT

COUNTY OF LAKE : ss:

STATE OF INDIANA

John W. Gustaitis, 11, President of Uni-Tel Communications Group, Inc., having been duly sworn and deposed, hereby states as follows:

I have reviewed the forgoing application and have prepared the Exhibits thereto or had them prepared under my direction and supervision, and the information representations contained therein are true and correct to the best of my knowledge and belief.

%hn W. Gustaitis, I1 President

This document was signed in my presence this i3f-h- day of July , 1998.

MY Commission expires: L L ~ ~ ~ w L 15, zm

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EXHIBITS

Officers and Directors

Certified Copy of Articles of Incorporation

Certificate of Foreign Corporation

Balance Sheet

Statement of Operations

Proposed Tariff

EXHIBIT

A

B

C

D

E

F

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EXHIBIT A

OFFICERS AND DIRECTORS

Exhibit A

Uni-Tel submits in support of its Application that it has the managerial ability to resell interexchange services in Illinois. Its senior management team has substantial business experience

and expertise including telecommunications.

John W. Gustaitis, I1

John W. Gustaitis, I1 is the founder and President of Uni-Tel Communications Group, Inc. He oversees the overall operations, marketing, sales, and research and development effort of the company. MI-. Gustaitis gained extensive general management expertise while serving as President of the Munster Radiology Group, President of Gustaitis, M.D., P.C., and as Vice President of G&S Development, a real estate development corporation in Bloomington, Indiana.

Jack Weichman

Jack Weichman is Controller and Chief Financial Officer of Uni-Tel Communications Group, Inc. Mr. Weichman is responsible for all financial and accounting functions including preparation of financial statements, acquisitions, contract administrations, and regulatory and tax reporting. Mr. Weichman holds a degree from Indiana University and is a Certified Public Account. In addition to his financial expertise, Mr. Weichman has excellent general management experience from serving as President of Weichman & Associates, P.C. which provides medical management and data services and computer management services and as CEO and Secretary of Comprehensive Renal Care, Inc.

John W. Gustaitis, I11

John W. Gustaitis, I11 is the Chief Operations Officer for Uni-Tel Communications Group, Inc. Mr. Gustaitis is responsible for management information services, billing, customer service, and agent relations. Mr. Gustaitis has over seven years in the telecommunications industry. Mr. Gustaitis has been the Chief Operations Officer with UMG Communications where he oversaw the day-to-day operations of the company. Mr. Gustaitis brings extensive experience in the areas of both direct billed and LEC billed products. Mr. Gustaitis holds a degree from Indiana University.

EXHIBIT B CERTIFIED COPY OF

ARTICLES OF INCORPORATION

STATE OF INDIANA

OFFICE OF THE SECRETARY OF STATE

CERTIFICATE OF EXISTENCE

UNI-TEL COMMUNICATIONS GROUP, INC.

SUE ANNE GILRCY, S e c r e t a r G f State

EXHIBIT C

CERTIFICATE OF FOREIGN CORPORATION

Sharon Tries t SECREIAltY OF S I A T E

CERTIFICATE OF AUTHORITY TO FOREIGN CORPORATION

To ACf t o Whom These Fresents S h a f i Come, Gree t inp:

c e r t q y that 1, Sharon ;Priest, Secretary of State of Arkansas, do here6y


has fikdin this office a duCy author izedcer tv ica te of Fxistence, a s ta tement naming the state, territory or fore ign country under whose Caws the corporation was incorporated; the date of its incorporation a n d p e r i o d o f duration, the nature of f l i t . Gusiness (4 the Corporation. t . 4 ~ t-dirt”.: ~, f tfic p?te;-aC:iffice, oi-pr:ncyyaiyiacz of buyiness of the Coyor t i t ion i n the jurisdiction rinder whose laws the Corporation w a s incorporated a statement inc f i idng the name andaddress of the registeredagent $ the Corporation t y o n w h o m Service of ‘Process m a y 6e hadin any of the courts of the State o f d r k u n s a s , a statement showing the num6er of shares of the Corporation‘s capitafstock o w n e d or to 6e o w n e d 6 y 7-esidents of the Srate of arkansac andthepar value of each shure, a s ta tment o f t h e value of the assets o w n e d 6 y the Corpora t ion including those in Arkansas, tha t ra idcorpora t ion has puid the f e e s requ i red6y Caw to 6 e p a i d a n d h a s i n aCCtliings corny liedwith theprovisions of A c t 958 of 1987 as enac ted6y the GeneralAssezn6ly of Arkansas .

W. J. "8111" McCuen, Se Ary of State -Curporations Division

State Capitol

Little Rock, Arkansas 72201 -1094 I - -

Application for Certificate of A u t h o r w U L - l PH 1:06 (Please type or print)

Pursuant to the provisions of Arkansas Code of 1987 Annotated, the undersigned as president, secretary, treasurer, superintendent or managing agent in the State of named below (fhe corporafton') for which this statement IS submitted, under oath

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10

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The name of the corporalioi Uli-lkl calmma ' ticnsQ-cup, 3x2.

Fictitious name lo be used in Arkansas:

(The corporation may use a #lclitious name lo transact business in Arkansas if its real name is unavailable and ht delivers to the Secretary of Stale for filing a copy of the resolution of its board of directors certified by its secretary adopting a fictitious name.)

The stale, territory or foreign country under whose laws the corporation was incorporated is:

Date incorporated hldl 199 Period of Duration: Fkzpaml

The nature of the business of the Corporation and the object or purposes lo be transacted, promoted or carried on by it are:

LmFtmm- 'caticn SenriQS

The address of the general office or place of business of the corporation in Arkansas is designated to be:

m (Street Address) (City) (State) (Zip)

The name and address of the registered agent of the corporation upon whom Service of Process is authorized to be in Arkansas is:

Iw.icr!al R&stered A€Fnts. Irr. of AR (Name)

101 &g&c&hg s t w t ritt- AR 77m (Street Address) (City) (State) (Zip)

The address of the general office or principal place of business of the corporation is:

618B &st Fifth A v m ~ IL a 6 3 (Street Address) (City) (State) (Zip)

The number and par value, if any, Of shares of the corporation's capital stock owned or lo be owned by residents of Arkansas:

-0-

Value of Assets in Arkansas $ -(t

Total value of all Assets (including Arkansas) $ m.a.co The foreign corporation shall deliver with the completed application a cerlificate of existence (or document of similar hmport) duly authorized by lhe Secretary of State or other oHicial having custody of corporate records in Ihe state or country under whose laws i t is Incorporated

A filing lee of $300 00 is submitted herewith in accordance with Act 958 of 1987

Witnes the hand and seal of the Corporation execuled under oath by the undersigned in behalf of the corporation on lhis the 2 - 2 ~ ~ day of .I IvG- #I9 957

1s- PrPmrLnt '

(Title ol Posilion Held by Authorized OHicer)

Fee $300.00 F-OIIRIV. 10.148

ACI -IO1

EXHIBIT D

BALANCE SHEET

UNI-TEL COMMUNICATIONS GROUP, INC. STATEMENT OF ASSETS, LIABILITIES

AND EQUITY-CASH BASIS AS OF JUNE 31,1998

ASSETS

CURRENT ASSETS CASH-CHECKING

ACCOUNT RECEIVABLES (PURCHASED)

TOTAL CURRENT ASSETS

FIXED ASSETS EQUIPMENT

TOTAL FIXED ASSETS

OTHER ASSETS SECURITY DEPOSITS

CUSTOMER BASE DEPOSIT

TOTAL OTHER ASSETS

3 8943 -50

228,723.67

267,667. i 7

2,2 10.00

2,210.00

1,485.00

140,774.14

142,259.14

TOTAL ASSETS 41 2,136.3 1

UNI-TEL COMMCQCCATIONS GROUP, INC. STATEMENT OF ASSETS, LIABILITIES

AND EQUITY-CASH BASIS AS OF JUNE 31,1998

LIABILITIES AND EQUITY

CURRENT LIABILITIES ACCOUNT PAYABLE-SHAREHOLDER FEDERAL W/H TAX PAYABLE ILLINOIS W/H TAX PAYABLE

TOTAL CURRENT LIABILITIES

LONG TERM DEBT

LINE OF CREDIT-PINNACLE BANK

TOTAL LONG TERM DEBT

STOCKHOLDERS EQUITY

COMMON STOCK PROFIT AND LOSS

TOTAL STOCKHOLDERS EQUITY

TOTAL LIABILITIES AND STOCKHOLDERS’ EQUITY

80,000.00 3,73 5.90

619.50

84,355.40

322,OO.OO

3 22.000.00

20,000.00 (1 4,219.09)

412,136.31

EXHIBIT E

STATEMENT OF OPERATIONS

UNI-TEL COMMLTNICATIONS GROUP, INC. STATEMENT OF REVENUE AND EXPENSES

CASH BASIS PERIOD ENDED JUNE 3 1,1998

YEAR-TO-DATE

REVENUE COLLECTED

FEES COLLECTED

TOTAL REVENUE

OPERATING EXPENSES

EXPENSES IN EXCESS OF REVENUE

7 1,714.43

71,7 14.43

85,933.52

i14,219.09)

UNI-TEL COI”ICATI0NS GROUP, INC. STATEMENT OF REVENUE AND EXPENSES

CASH BASIS SUPPORTING SCHEDULE

PERIOD ENDED JUNE 3 1,1998

YEAR-TO-DATE

OPERATING EXPENSES

EMPLOYEE SALARIES LEASE EXPENSE UTILITIES TELEPHONE & SERVICES

TELEMARKETING EXPENSES WIRE EXPENSE VERIFICATION EXPENSE AMORTIZATION EXPENSE OFFICE SUPPLIES & EXPENSE TRAVEL & CONVENTION DELIVERY REGISTRATIONy LIC. & FEES PAYROLL TAXES BANK CHARGES

INSURANCE-CORPORATE

TOTAL OPERATING EXPENSES

20,650.00 3,765.00

79.78 858.29 360.00

43,561 .OO 80.00

5,212.55 1,592.04

74.92 1,389.1 1

81.75 5,5 10.00 1,579.76 1,139.32

85,933.52

EXHIBIT F

PROPOSED TARIFF

Uni-Tel Communications Group, Inc. '' ' '' '' ''* Arkansas Tariff No. 1 John Gustaitis, President Original Sheet 1 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998

P :" B 1, E Effective:

TITLE SHEET


This Tariff contains the descriptions, regulations, and rates applicable to the furnishing of long distance telecommunications services provided by Uni-Tel Communications Group, Inc. with principal offices at 618B West Fifth Avenue, Naperville, IL 60563. This Tariff applies to services furnished within the State. This Tariff is on file with the Arkansas Public Service Commission and copies may be inspected during normal business hours at the Company's principal place of business.

Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998

Arkansas Tariff No. 1 Original Sheet 2

Effective:

CHECK SHEET

All the sheets of this Tariff are effective as of the date shown at the top of the respective sheet(s). Original and revised sheets as named below comprise all changes from the original Tariff.

SHEET

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22

REVISION

Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet

*New or Revised Sheets

Arkansas Tariff No. Uni-Tel Communications Group, Inc. John Gustaitis, President Original Sheet 618B West Fifth Ave.

Issued: July 10, 1998 Effective:

Jut 21 I 57 PM '98

Naperville, IL 60563 1,. E

1 3

SHEET

23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46

CHECK SHEET (Con't)

REVISION

Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet Original Sheet

*New or Revised Sheets


hi 211 I 57 PM '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective :

TABLE OF CONTENTS

Check Sheet

Table of Contents

Concurring, Connecting or Other Participating Carriers

Symbols

Tariff Format

Section 1 - Definitions and Abbreviations

Section 2 - Rules and Regulations

Section 3 - Description of Services

Section 4 - Rates and Charges

Sheet No.

2

4

5

5

6

7

11

44

46

hi 21 i 57 f'l '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998


Effective:

CONCURRING, CONNECTING OR OTHER PARTICIPATING CARRIERS

None

SYMBOLS

The following are the only symbols used for the purposes indicated below:

C

D

I

M

N

R

S

T

Z

Changed regulation

Discontinued rate or regulation

Increase

Matter relocated without change

New rate or regulation

Reduction

Reissued matter

Change in text, but no change in rate or regulation

Correction


h 21 I 57 PH '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998

t L. E D Effective:

A.

B.

C.

D.

TARIFF FORMAT

Sheet Numbering - Sheet numbers appear in the upper right corner of the sheet. Sheets are numbered sequentially. However, new sheets are occasionally added to the Tariff. When a new sheet is added between sheets already in effect, a decimal is added. For example, a new sheet added between sheets 14 and 15 would be 14.1..

Sheet Revision Numbers - Revision numbers also appear in the upper right corner of each sheet. These numbers are used to determine the most current sheet version on file with the Commission. For example, the 4th revised sheet 14 cancels the 3rd revised sheet 14.

Paragraph Numbering Sequence - There are six levels of paragraph coding. Each level of coding is subservient to its next higher level:

2. 2.1 2.1.1 2.1.1 (A) 2.1.1 (A).1 2.1.1 (A).l.a

Check Sheets - When a Tariff filing is made with the Commission, an updated check sheet accompanies the Tariff filing. The check sheet lists the sheets contained in the Tariff, with a cross reference to the current revision number. When new sheets are added, the check sheet is changed to reflect the revision.


Jut 21 t 57 PM ‘98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: Julv 10. 1998 Effective:

SECTION 1 - DEFINITIONS AND ABBREVIATIONS

Access Line: An Access Line is a transmission line from either the LEC’s or the DUC’s Point- of-Presence (POP) to Customer’s premises used to process voice and limited speed data calls.

Business Customer: A Business Customer is a Customer whose use of the Service(s) are for a business, professional, institutional, or occupational purpose.

CAP: CAP is an acronym for Competitive Access Provider

Commission: Commission refers to the Arkansas Public Service Commission.

Company: Company refers to Uni-Tel Communications Group, Inc.

Customer: The Customer is a person or legal entity which subscribes to Service(s) from the Company and thereby assumes responsibility for the payment of charges and compliance with the Company’s Tariff regulations.

DUC: DUC is an acronym for Designated Underlying Carrier.

jUL 21 t 57 PH '98 Uni-Tel Communications Grow. Inc. Arkansas Tariff No. 1

I ,

John Gustaitis, President 618B West Fifth Ave.

Issued: July 10, 1998 Effective:

Original Sheet 8

Naperville, IL 60563 Ft! .E


InterLATA Call: An interLATA call is any call that originates in one LATA and terminates in a different LATA.

IntraLATA Call: An intraLATA call is any call that originates and terminates within the same LATA.

IXC: IXC stands for Interexchange Carrier.

LATA: LATA is an acronym for Local Access Transport Area which is a geographic area established for the provision and administration of communications service as provided for in the Modification of Final Judgment and any further modification thereto.

LEC: LEC is an acronym for Local Exchange Carrier.

MATR: If average call duration for inbound Service(s) is less than the MATR, call duration will be calculated as the number of calls times the MATR.

MATR is an acronym for Minimum Average Time Requirement.

Modification of Final Judgement: Modification of Final Judgement refers to that decision of the United States District Court for the District of Columbia appearing at 552 F. Supp 131 (1 982).

Arkansas Tariff No. 1 21 I 57 PM ‘98


Original Sheet 9

a t- Effective:


NXX: NXX is the first three digits of a Customer’s telephone number. N is a number between 2 and 9. X is a number between 0 and 9.

NPA Centroid: NPA Centroid is the rating center which is sometimes used to calculate mileage for inbound 800 calls and calling card calls.

PBX: PBX is an acronym for Private Branch Exchange.

PIC: PIC is an acronym for Primary Interexchange Carrier.

POP: POP is an acronym for Point-of-Presence and is the central office of the DUC or the Company where the LEC or CAP hands off the traffic of the Company’s Customers to the DUC or the Company or where the Customer’s facility interconnects with the DUC or the Company.

Rate Center: A Rate Center is a specified geographical location used for determining mileage measurements.

Residential Customer: A Residential Customer is a Customer whose use of the Company’s Service(s) are substantially of a social and domestic nature.

ARK.i’e :UMH.

SE! 1’1 M. I ?

Uni-Tel Communications Group, Inc. JUI 21 I 57 p i ‘98 Arkansas Tariff No. 1 John Gustaitis, President Original Sheet 10 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 FIL Effective:

~~


Service(s): Service(s) are defined as the telecommunications services provided pursuant to this tariff.

State: State refers to the state of Arkansas.

Switched Access: If the Customer’s location has a transmission line that is switched through the LEC or CAP to reach the long distance network, the access is switched. Switched Access facilities are also referred to as shared use facilities.

Underlying Carrier: Underlying Carrier refers to the interexchange carrier that provides the long distance services the Company resells.

V&H: V&H is an acronym for vertical and horizontal.

Arkansas Tariff No. 1 Jw 21 I 57 Pll ‘98

Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:

Original Sheet 11

SECTION 2 - RULES AND REGULATIONS

2.1 Undertaking of the Company

The Company’s services are offered for intrastate EnterLATA and IntraLATA telecommunication services originating and terminating within Arkansas under terms of this Tariff. Services are offered subject to the availability of facilities and the terms and conditions of this Tariff. The Company resells the services of facility based carriers subject to the terms of any applicable interstate offering or arrangement between the DUC and the Company.

This Tariff is on file with the Commission and copies may be inspected during normal business hours at the Company’s principal place of business which is located at 61 8B West Fifth Avenue, Naperville, IL 60563.


k 21 I 57 PI! '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:

Ff k


2.2 Limitations

2.2.1

2.2.2

2.2.3

Service(s) are offered subject to the availability of facilities and the provisions of this Tariff.

The Company reserves the right without liability to discontinue offering Service(s), or limit the use of Service(s) in either case when necessitated by conditions beyond its control, or when the Customer is using Service(s) in violation of the law or the provisions of this Tariff.

Prior written permission from the Company and approval pursuant to Paragraph 2.14 are required before any assignment or transfer of Service(s). All regulations and conditions contained in this Tariff shall apply to all such permitted assignees or transferees, as well as all conditions for Service(s).

Jut 21 1 58 PI! ‘98 Uni-Tel Communications Group, Inc. John Gustaitis, President


618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:

2.3


Liabilities of the Company

2.3.1 Conditions under which the Company may refuse or terminate Service(s) without liability include but are not limited to:

- non-payment of any sum owing to the Company; or,

- insufficient or fraudulent billing information, invalid or unauthorized telephone numbers, or pre-arranged account code numbers; or,

- any violation by a Customer related to the request for such Service(s) of either the provisions of this Tariff or any laws, rules, regulations, or policies; or,

- of any order or decision of a court or other governmental authority which prohibits the Company from offering such Service(s); or,

- if the Company deems such refusal necessary to protect itself or third parties against fi-aud or to otherwise protect its personnel, agents, or Service(s); or,

- use or misuse of Company’s or DUC’s network or for any unlawful or criminal purpose; or,

- refusal by Customer to allow Company reasonable access to the Customer’s facilities to provision Service(s).

JUI. 21 I 58 PM ‘98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. ii- i.

Naperville, IL 60563 Issued: July 10, 1998 Effective:

Arkansas Tariff No. 1 Original Sheet 14 ‘\I ED


2.3 Liabilities of The Company (Con’t)

2.3.2 The liabilities of the Company for damages arising out of mistakes, omissions, interruptions, delays, errors or defects occurring in the course of providing Service(s) hereunder and not caused by the negligence or intentional acts of the Customer shall in no event exceed an amount equivalent to the initial period charge to the Customer according to this Tariff for the call during which such mistake, omission, interruption, delay, error or defect in the course of offering Service(s) hereunder occurs, except in cases of willful misconduct by the Company.

2.3.3 The Company is not liable for any act or omission of any other company or companies furnishing a portion of any Service(s).

2.3.4 The Company is not liable for any defacement of, or damage to, the equipment or premises of a Customer resulting from the provision of Service(s) when such defacement or damage is not the result of the Company’s negligence.

2.3.5 No contractors, agents, or employees of connecting, concurring or other participating carriers or companies shall be deemed to be contractors, agents, or employees of the Company without written authorization.

ARL I' ' . wn. SE '


.h 21 I 58 f'd '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:

ED


2.3 Liabilities of The Company (continued)

2.3.6 Service(s) are furnished subject to the conditions that there will be no abuse or fraudulent use of the Service(s). Abuse or fraudulent use of Service(s) includes but is not limited to:

- the use of Service(s) to transmit a message or to locate a person or otherwise to give or obtain information, without payment of the charge applicable for Service(s); or

- the obtaining, or attempting to obtain, or assisting another to obtain or to attempt to obtain Service(s) by rearranging, tampering with, or making connection with any Service(s) components of the Company or the DUC, or by any 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(s); or

- the use of Service(s) of the Company for a message or messages, anonymous or otherwise, if in a manner reasonably to be expected to frighten, abuse, torment, or harass another; or

- the use of Service(s) in such a manner as to interfere unreasonably with the use of Service(s) by one or more other customers.

Arkansas Tariff No. 1 '* ''* Original Sheet 16 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563

Effective: $ C j g c Issued: July 10, 1998 Io I i w L


2.3 Liabilities of The Company (Con't)

2.3.7 The Company's liability shall be limited to that expressly assumed in Paragraph 2.3 hereof. The Company shall not be liable for any other direct, indirect, consequential, special, actual, or punitive damages, or for any lost profits of any kind or nature whatsoever arising out of any furnishing of, or interruption in, Service(s) provided hereunder, absent a determination of willful misconduct by judicial or administrative proceedings. With respect to Service(s) provided hereunder, the Company hereby expressly disclaims, without limitation, all warranties not stated in this Tariff, whether express, implied or statutory, and in particular disclaims all implied warranties of merchantability and fitness for a particular purpose.

2.4 Use of Service(s)

The Customer may not use Service(s) provided under this Tariff for any unlawful purpose.


h 21 I 58 PH ‘98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:

FILED


2.5 Obligations of the Customer

2.5.1 The Company shall be indemnified and held harmless by the Customer against:

- claims for libel, slander, infringement of patent or copyright, or unauthorized use of any trademark, trade name, or service mark arising out of the material, data, information, or other content transmitted by the Company;

- violation of any other literary, intellectual, artistic, dramatic, or musical right;

- violations of the right to privacy;

- claims of patent infringement arising from combining or connecting Company’s facilities or the facilities of the DUC with apparatus and systems of the Customer;

- all lost or stolen calling cards, except as described in Paragraph 2.6;

- any other rights whatsoever relating to or arising from message content or the transmission thereof;

- all other claims arising out of any act or omission of the Customer in connection with Service(s) provided by the Company.

Jur, 21 1 58 PM ‘98 Uni-Tel Communications Grouu. Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998

t k


Effective:


2.5 Obligations of the Customer (Con’t)

2.5.2 The Customer shall be responsible for the payment of all charges for Service(s) provided under this Tariff and for the payment of all excise, sales, use or other similar taxes that may be levied by a governing body or bodies in conjunction with or as a result of Service(s) furnished under this Tariff.

2.5.3 The Customer is responsible for paying for all Service(s) the Company provides to or from the Customer’s telephone number(s), regardless of whether the Customer’s facilities were used fraudulently.

2.5.4 The Company shall not be required to consider any Customer claim for damages or statutory penalties, or adjustments, refunds or cancellation of charges unless the Customer has notified the Company of any dispute concerning charges, or the basis of any claim for damages, within sixty (60) calendar days after an invoice is rendered or a debit is effected by the Company for the call giving rise to such dispute or claim. Any such notice must set forth sufficient facts to provide the Company with a reasonable basis upon which to evaluate the Customer’s claim or demand. In the event that the Customer is not satisfied with the Company’s resolution of any dispute, the Customer may make application to the Commission for review and disposition of the matter.

2.5.5 The Company’s failure to provide or maintain Service(s) under this Tariff shall be excused by the Customer for all circumstances beyond the Company’s reasonable control.

Jtll 21 I 58 '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 61 8B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998


Effective:

2.5


Obligations of the Customer (Con't)

2.5.6 The Customer shall indemnify and save the Company harmless from any and all liability not expressly assumed by the Company in Paragraph 2.3 and arising in connection with the provision of Service(s) to the Customer, and shall protect and defend the Company from any suits or claims alleging such liability, and shall pay all expenses (including attorneys' fees) and satisfy all judgments which may be incurred by or rendered against the Company in connection therewith.

2.6 Lost Or Stolen Calling Cards Or Authorization Codes

The Customer is responsible for all charges including all calls placed by use of Customer's assigned authorization or calling card code(s). Upon knowledge of facts which would alert a reasonable person to the possibility that an unauthorized person is using Customer's authorization or calling card code, the Customer shall alert and give notice to the Company of such facts. The Customer shall be excused from liability only with respect to calls placed after receipt of such notice by the Company.



ii-l f b, E B


2.7 Obtaining Service

2.7.1 Application for Service(s)

To obtain Service(s), the Company may require an application in the form of a completed Service Agreement, a Letter of Agency, or any other written documents as may be in effect from time to time. The applicant must also establish credit satisfactory to the Company as provided in Paragraph 2.7.2.

2.7.2 Establishment of Credit

(A) Applicant

Pursuant to Paragraph 2.7.1 and prior to accepting the applicant's Service Agreement, the Company reserves the right to examine the credit record and check the references of the applicant.

(B) Customer

If the conditions of Service(s) or the basis on which credit was originally established have materially changed, an existing Customer may be required to establish additional credit. The Company reserves the right to examine the credit record and check the references of any Customer at any time.

ARK f ” . ) : 3 M M .

C Y . nH. s i .

Arkansas Tariff No. 1 .h 21 I 58 Pw ‘98


Original Sheet 21

Effective:


2.7 Obtaining Service (Con’t)

2.7.3 Customer Deposits

(A) General

Any applicant whose credit is not acceptable to the Company as provided in Section 2.7.2 hereof may be required to make a deposit to be held as a guarantee of payment of charges. In addition, an existing Customer may be required to make a deposit or to increase a deposit presently held by the Company in the event that the conditions of Service(s) or basis on which credit was originally established have materially changed.

(B) Amount of Deposit

The amount of any deposit shall not exceed the estimated charges for two months’ Service. The Company shall determine the amount of the deposit.

(C) Interest on Deposits

The Company will not pay interest on deposits.


h. 21 1 58 fH '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:

2.7


Obtaining Service (Con't)

2.7.3 Deposits (Con't)

(D) Return of Deposit

A deposit will be returned:

- when an application for Service(s) has been canceled prior to the establishment of Service(s).

- at the end of one year of satisfactory credit history.

- upon discontinuance of Service(s).

Notwithstanding the foregoing, prior to the return, deposits will be applied to any outstanding charges of the Customer for Service(s) and only the excess, if any, will be returned.

Uni-Tel Communications Group, Inc. Jui 21 I 58 PM '98 John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998


Effective: ~ ~ ~ ~


2.8 Rendering and Payment of Bills

2.8.1 General

The Customer is ultimately responsible for payment of all charges for Service(s) provided by the Company.

2.8.2 Billing Period

The billing period is one month.

2.8.3 Rendering Bills

Bills are sent to the current billing address no later than thirty (30) days following the close of billing. The bills will be mailed on or before the invoice date on the bill.

2.8.4 Payment of Bills

Payments are due by the due date disclosed on the bill. Checks should be made payable to the Company as named on the bill and are sent to the address as listed on the bill.

2.8.5 Late Charge

If a Customer's bill is not paid by the due date on the invoice, the Company may impose a late charge of 1.5% per month on the delinquent amount.

21 I 58 I!! '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:



2.8 Rendering and Payment of Bills

2.8.6 LEC Billing

For those Services that are billed through the local exchange company, the rules of the local exchange company with respect to rendering and payment of bill will apply in lieu of those set forth in this Section.

2.8.7 Customer Overbilled

When the Company has overbilled a Customer, the Company shall make a refund or billing credit within sixty (60) days of discovering and computing the amount of the overbilling.

2.8.8 Customer Underbilled

When the Company bills a Customer an amount correcting a previous underbilling, the Customer shall be permitted to pay such an amount over a period at least equal to the period during which the underbilling occurred, unless the underbilling was caused by unauthorized or fraudulent use or procurement of Service.

Uni-Tel Communications Group, Inc. h 21 1 58 PM '98 Arkansas Tariff No. 1 John Gustaitis, President Original Sheet 25 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998

&'In 1: Effective: i L $ I l t s .


2.9 Customer Relations

2.9.1 General

Customer Service may be contacted in writing at 3201 Dickerson Pike, Nashville, Tennessee 37207. Customers may also contact Customer Service by dialing a toll- free 800/888 number, (800) 854-6000. Customer Service representatives are available twenty-four hours per day, seven days per week, 365 days per year. For Cardholders subscribing to Prepaid Calling Card Service, the 800/888 number is printed on the card.

2.9.2 Billing Inquiries

Billing inquiries may be referred to the Company's Customer Service organization as indicated in Section 2.9.1 of this Tariff. If the Customer is not satisfied with the Company's resolution of a billing inquiry, the Customer may make application to the Commission for review and disposition of the matter.

2.9.3 Service Difficulties

Service difficulties may be referred to the Company's Customer Service organization, as indicated in Section 2.9.1 of this Tariff.


Jut 21 I 58 Pfl ‘98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:


2.9 Customer Relations (Con’t)

2.9.4 Written Notification of Refusal to Provide Service

If the Company refuses to provide service to an applicant and the applicant requests a written notice, the Company shall inform the applicant of:

* The reasons for the refusal to provide service.

* The condition, if any, under which service would be provided.

* The right to make a complaint to the Commission regarding refusal to provide service and the address and toll-free telephone number of the Commission.

2.9.5 General Information to Customers

In response to inquiry, the Company shall provide, orally or in writing, the information listed below. This information shall be provided in writing upon request.

* * * * Deposit practices. * *

The rates applicable to the Customer’s service. Billing and payment procedures and deadlines. Procedures for Customers’ verification of billing accuracy.

A statement of when charging for a call begins and ends. A statement of billing adjustment practices for wrong numbers or incorrect bills.

Uni-Tel Communications Group, Inc. IL 21 I se PH ‘98 Arkansas Tariff No. 1 John Gustaitis, President Original Sheet 27 61 8B West Fifih Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:


2.9 Customer Relations (Con’t)

2.9.5 General Information to Customers (Con’t)

* * *

Procedure for making a complaint to the Company. Procedure for making a complaint to the Commission. Toll-free telephone number and address of the business office where further inquiries can be made. The address and toll-free number of the Commission. Any charge imposed by the LEC for transferring service from one interexchange carrier to another interexchange carrier where a interexchange carrier is contacting the LEC to transfer the Customer to its service. Any charges applicable to call attempts not answered. Procedure for termination and reconnection of service.

* *

* *

2.9.6 Complaint Procedure

The Company will ensure that personnel will be available at all times during business hours to handle Customer questions and complaints. The personnel will have authority to act on behalf of the Company with respect to the Customer’s problems and answer each of the Customer’s reasonable inquiries.

2.9.7 Billing Dispute

Billing disputes should be addressed to the Company’s Customer Service group located at Company headquarters or may be referred to Customer Service via telephone at (800) 8 14-8000. Detailed information regarding any dispute will be provided by the Customer upon the Company’s request. If the Customer is not satisfied with the Company’s resolution of a billing inquiry, the Customer may make application to the Commission for review and disposition of the matter.

Uni-Tel Communications Group, Inc. JN 21 J 58 PH '98 Arkansas Tariff No. 1 John Gustaitis, President Original Sheet 28 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 F ILE Effective:

~


2.9 Customer Relations (Con't)

2.9.7 Billing Dispute (Con't)

If the Customer informs the Company that and disputes the terms or conditions of payment, the Company will not terminate service, without first:

* investigating the dispute promptly and thoroughly;

* reporting the results of its investigation to the Customer; and

* making a diligent attempt to reach a mutually satisfactory settlement of the dispute.

The Company shall not terminate the Customer as long as any of the complaint procedures outlined in this Tariff are in progress, providing the Customer:

* pays any undisputed portions of the bill in questions; and

* pays any undisputed portions of other bills as they become due during the complaint process; and

* makes a deposit with the Company equal to the amount in dispute.

JUL 21 I 58 Pfl '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998


Effective: ~


2.9 Customer Relations (Con't)

2.9.8 Complaints Investigation

The Company will make a full and prompt investigation of all complaints made by a Customer either directly or through the Commission. The Company will cooperate with the Consumer Services Office of the Commission whenever it performs informal investigations of Customer complaints. If contacted by the Consumer Service Office regarding a Customer complaint, the Company will respond to the data request of the Consumer Services Office.

Ja 21 I 58 PM '98 Uni-Tel Communications Group, Inc. John Gustaitis, President

Naperville, IL 60563 Issued: July 10, 1998


618B West Fifth Ave. ::" 3 g 0 5 1 111 t,

Effective :


2.10 Cancellation By Customer

2.10.1 A Customer may cancel Service by giving five ( 5 ) days written or verbal notice to the Company. Such notice should be addressed to the Company's Customer Service organization at the address specified in Section 2.9.1 of this Tariff. Cancellation of the Customer's Service will be effective when the LEC or CLEC changes the PIC code, or when the DUC moves the Service to another long distance company. Services offered under term plans are subject to early termination penalties pursuant to the Company's Tariff F.C.C. No. 1.

2.10.3 LEC Billing

For those Services that are billed through the local exchange company, the rules of the local exchange company with respect to cancellation of Service by Customer will apply in lieu of those set forth in this Section.

JUl 21 I 58 ‘98 Uni-Tel Communications Group, Inc. John Gustaitis, President 61 8B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:


pr CD 1 1,- B,


2.1 1 Termination of Service By Company

2.1 1.1 The Company may terminate Service to the Customer upon five ( 5 ) business days written notice to the Customer for any condition listed in Section 2.3.1 of this Tariff. If the Company delivers the notice to the Customer’s premises, it will be left in a conspicuous place. When notice is mailed, the notice will be addressed to the Customer’s last known billing address and mailed first class United States Mail, express overnight delivery, fax, or e-mail. The selection of the method of delivery of the notice is made by the Company.

The termination of Service(s) by the Company pursuant to this section does not relieve the Customer of any obligations to pay the Company for charges due and owing for Service(s) furnished up to the time of termination. The remedies set forth herein will not be exclusive and the Company will at all times be entitled to all rights available to it under either law or equity.

Uni-Tel Communications John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998


JUL 21 I 53 PE1 '98 Group, Inc.

Effective:


2.11 Termination of Service By Company (Con't)

2.1 1.2 Form and Content of Termination Notice

The termination notice to be sent by the Company shall be in the format set forth below.

(Date)

(Name ) (Street Address, Suite No. ) (City, State, Zip)

Dear (Name) :

This is to advise you that your long distance service is scheduled for disconnection. Payment in full in the amount listed below must be received within 5 (five) days of receipt of this notice. Failure to remit payment will result in the termination of your long distance service and a request for legal assistance to collect the unpaid balance.

Customer Service may be contacted in writing at 3201 Dickerson Pike, Nashville, Tennessee 37207 or via telephone at (800) 8 5 4 - 6 0 0 0 . If the unpaid balance is due to an unresolved complaint, you may contact the Arkansas Public Service Commission.

Sincerely,

Credit Manager

Account # ( Notice Date ( Amount Now Due (

Jut 21 I 58 PH '93 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:


f::JI !q-) E 1 Lr.. 8 ,


2.1 1 Termination of Service By Company (Con't)

2.1 1.3 Termination of Service Without Written Notice

The Company shall terminate service without notice provihGd that the Company has made reasonable efforts to notify the Customer of the reason for terminations:

* Unauthorized or fraudulent procurement of service, including a misrepresentation of fact relevant to the conditions under which the applicant or Customer may obtain or continue to receive service.

* Violation of federal, state, or local law or regulation through previous use of service.

* Violation of the Company's tariffed rules and regulations.

* Hazards associated with the requested installation or the equipment of the Customer.

* Causing or threatening to cause injury to an employee or family member of an employee of the Company for the purpose of retaliation or for the purpose of preventing the employee from engaging in conduct believed to be authorized by law or regulation.

* Causing or threatening to cause damage to the property of the Company.

* Abandonment of the premises served.

2.1 1.4 Written Notice Following Termination of Service By Company

Regardless of whether notice was affected under Paragraph 2.12.2, the Company will also immediately send a written notice of termination to the Customer informing the Customer of the reason for termination.

JUL 21 I 53 PI4 '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:


EbED

2.12

2.13

2.14


Installation and Connection Charges

All Company services are interstate services with the Customer having the option of using the service to place intrastate calls. The Company does not an installation, connection, or monthly service charge for the intrastate portion of the service.

Taxes

In addition to the charges specifically pertaining to the Service(s), certain federal, state, and local surcharges, taxes, and fees will be applied to these Service(s). These taxes, surcharges, and fees are calculated based upon the amount billed to the end user for the Company's intrastate Service(s). All state and local taxes, surcharges, and fees (k., sales tax, gross receipts tax, municipal utilities tax) are listed as separate line items and are not included in the quoted rates listed in the Tariff.

Transfer or Assignment

The Company's intrastate Service(s) may not be transferred or assigned to a new Customer unless the new Customer's credit is approved.

Jut 21 1 58 PH ’98 Uni-Tel Communications Group, Inc. Arkansas Tariff No. 1 John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998

Original Sheet 35

I.,. E D Effective:


2.15 Minimum Call Completion Rate

A Customer can expect a call completion rate (number of calls completednumber of calls attempted) of not less than 98% during peak use periods.

2.16 Timing of Calls

Calls are timed by the switch used to route the Customer’s long distance traffic. Chargeable time begins when connection is established between the calling station and the called station. Chargeable time ends when the calling station “hangs up”. If the called station “hangs up” but the calling station does not, chargeable time ends when the connection is released by the automatic timing equipment. Answer supervision is utilized where available. When answer supervision is not available from the LEC end office, software answer supervision is utilized.

Arkansas Tariff No. 1 Jur 21 I 58 PM ‘98

Uni-Tel Communications Group, Inc.

Rate Period

Day Evening

John Gustaitis, President 6 18B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:

Original Sheet 36

Times Applicable

From To But Not Including

8:OO AM 5:OO PM

5:OO PM 11:OO PM


2.17 Rate Period

Different rates may be applicable to a call at a different time of the day and on certain days of the week, as specified in the appropriate rate schedule for that call. The rate periods shown below apply. All times shown are local time at the calling station in case of an outbound call and at the called station in case of an inbound ‘call.

Night 11:OO PM 8:OO AM 8:OO AM 11:OO PM 8:OO AM 5:OO PM

Days Applicable

Mon - Fri

Sun - Fri

All days Saturday Sunday


JUL 21 i 58 PI! '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:


2.18 Mileage Measurements

Each rate center or POP has a unique set of assigned vertical and horizontal (V&H) coordinates which are used by the DUC for calculating mileage. Calculation of mileage is in accordance with the V&H coordinate system.

The distance is measured using the V&H coordinates associated with either the rate centers of the originating and terminating stations or the V&H coordinates associated with the originating and terminating POP of the DUC. The type of access determines which V&H coordinates are used.

If a call is originated or terminated via switched access, the distance is measured using the V&H coordinates associated with the rate centers of the originating or terminating station.

The rate for a call between access lines associated with stations that use the same central office is the rate for zero miles.

The airline mileage between rate centers is determined by applying the formula below to the vertical and horizontal (V&H) coordinates associated with the rate centers involved.

FORMULA:

(VI -V2)2 +(HI -H2)2 10


Arkansas Tariff No. Original Sheet 38

Effective:


2.19 Determining Rate In Effect

2.19.1 General

For outbound Service(s) that are time-of-day sensitive, the time-of-day at the central office or POP associated with the calling station determines the rate in effect. For inbound Service(s) that are time-of-day sensitive, the time-of-day at the central office or POP associated with the called station determines the rate in effect. Time of day shall be determined in accordance with Paragraph 2.17.

2.19.2 Calls Originating Via Switched Access

When a unit of time is split between two rate periods, each rate period applies to the portion of the call that occurred during that rate period.

2.20 Application of Charges

Usage charges apply to all completed calls. The usage charges for each completed call during a billing month will be computed. If the charge includes a fraction of a cent $0.005 and greater, the fraction is rounded up to the next higher whole cent. Otherwise, the charge is rounded down to the next lower whole cent.

AKK.: i in?!.

SE' i4H.

Jui 21 I 58 PH '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:



2.21 Interruption of Service(s)

2.21.1 General

It shall be the obligation of the Customer to notify the Company of any interruption in Service(s) for which a credit allowance is desired. Before giving such notice, the Customer shall ascertain that the interruption is not being caused by any action or omission by the Customer within the Customer's control, or is not in wiring or equipment, if any, furnished by the Customer.

2.21.2 Usage Sensitive Service(s)

Credit allowances for the interruption of Service(s) are subject to the general liability provisions set forth in Paragraph 2.3 preceding.

2.22 Restoration of Service(s)

The use and restoration of Service(s) in emergencies shall be in accordance with the priority system specified in Part 64, Subpart D of the Rules and Regulations of the Federal Communications Commission.

The Company will reconnect service upon the Customer's request as soon as the reason for termination of service has been eliminated.

If the reason for termination is unlawful or fraudulent use or procurement of service, the Company may, prior to reconnecting service, require a reasonable deposit for estimated service rendered or may refuse to reconnect service until ordered by the Commission.


JUL 21 1 58 PM '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 61 8B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:


2.24 Promotions

From time-to-time for promotional purposes, market research, or similar corporate purposes, the Company may, at its discretion, offer special promotions to its Customers waiving certain charges, offering Service(s) at special rates, andor offering promotional discounts. Promotional discounts include but are not limited to reduced monthly rates or charges for an existing Service, incentive subscription bonuses, free Service periods, full or partial waivers of installation charges or optional feature charges, full or partial waivers of PIC charges, or any combination thereof, provided that copy of any promotional service offering is filed with the Arkansas Public Service Commission under Docket No. 95-530-A, via a letter prior to the offering. The letter will contain a brief description of the promotional offering including the length of time the offering will be available and the location in which it will be offered, if applicable.

Terms and conditions of promotions may be limited to certain dates, times, market segments, and/or locations. The Company may engage in national and/or intrastate special promotional offerings or trial Service offerings designed to attract new customers, retain existing customers, win back former customers, or stimulate customer usage. The terms of national promotional offerings are set forth in the applicable interstate tariffs governing such programs. To the extent these programs may extend to intrastate Services, the terms of these national offerings are incorporated by reference herein. The Company may require an advance payment as a condition of a promotional offering.


Arkansas Tariff No. 1 h'" Original Sheet 41 r 1 r, E t)


2.25 Records and Reports

2.25.1 Customer Records

The Company will maintain adequate records to compute a Customer's bill and to remedy any discrepancy in billing. These records shall be maintained for a period of eighteen (18) months.

2.25.2 Records of Deposits

The Company will keep records setting out the:

* *

name of the Customer in whose behalf the deposit is made;

the premises at which service is or will be rendered or the Customer's billing address;

the amount of the deposit;

the date the deposit was made;

each transaction concerning the deposit; and

efforts to return the deposit to the Customer.

* * * *

JUL 2 i i 58 ?/! '98 Uni-Tel Communications Group, Inc. John Gustaitis, President 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:



2.25 Records and Reports (Con't)

2.25.3

2.25.4

Complaint Records

The Company will keep an up-to-date individual record of each complaint which shall include the:

* name and address of the complainant;

date and character of the complaint; and *

* disposition of the complaint;

* date of such disposition.

These records of inactive complaints shall be maintained for a period of twelve (12) months after the complaint has been resolved.

Records of Service Interruptions

The Company will keep a record of major interruptions of Service. The record will specify the service area involved, the time and duration of the interruption, and the cause of the interruption.

Uni-Tel Communications Group, Inc. John Gustaitis, President 6 18B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 ,


Effective:


2.25 Records and Reports (Con’t)

2.25.5 Location of Records

Company records will be kept at the Company’s headquarters location in Nashville, Tennessee. The Company’s records will be maintained in a manner as to be readily available to the Commission or its authorized representative upon request.

2.25.6 Report to the Commission

The Company will notify the Commission, through tariff filings or other formal docketed proceedings, prior to implementing any changes in its service area or changes in the character of service rendered to Customers.

Uni-Tel Communications John Gustaitis, President 61 8B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998


hL 21 1 59 fH '98 Group, Inc.

F E I,, E D Effective:

SECTION 3 - DESCRIPTION OF SERVICES

3.1 General

All Service(s) are interstate offerings with the Customer having the option of using the Service(s) to place intrastate calls. Intrastate Service(s) are only available if the Customer subscribes to the Company's comparable interstate Service(s) offering. All Switched Access Service(s) are available only in equal access serving area. All Service(s) may be provisioned by the DUC.

The selection of the Service will be determined by the Company based on the type of access the Applicant utilizes to reach the long distance network of the Underlying Carrier and the Applicant's average intrastate, interstate, and international usage for the past three months. It is the Applicant's responsibility to furnish the Company copies of their prior months long distance telephone bills for use in making this determination.

Uni-Tel Communications Group, Inc. Jui 21 I 59 PH ‘98 Arkansas Tariff No. 1 John Gustaitis, President Original Sheet 45 618B West Fifth Ave. Naperville, IL 60563 Issued: July 10, 1998 Effective:

SECTION 3 - DESCRIPTION OF SERVICES

3.2 Uni-Tel 1 Plus

Uni-Tel 1 Plus is an outbound only, long distance pricing plan for Residential Customers and Business Customers using Switched Access to reach the long distance network of the DUC. All Calls are billed in one minute increments subject to a minimum connect time of one minute. All calls are rounded up to the next highest minute. All charges for this Service will be billed through the customer’s local exchange ‘company.

3.2 Directory Assistance

3.2.1 General

Intrastate Directory Assistance involves the supplying of assistance in determining or attempting to determine the telephone number of a party for a call which is outside of the calling party’s area code but within the calling party’s state. Calls for directory assistance within the calling party’s area code are routed to and handled by the LEC. If a Customer calls directory assistance for a call within the state but outside of the Customer’s area code, the call is routed to and handled by the DUC.

3.2.2 Availability of Service(s)

Intrastate directory assistance is available if the Customer subscribes to any outbound Service(s).

3.2.3 Application of Charges

The Directory Assistance charge applies whether or not the directory assistance bureau furnished the requested telephone number(s) (e.g., where the requested telephone number is unlisted, non-published or no record can be found).

A R K r ‘OHM.

S t :

J ~ L 21 I 57 PW ‘98

D 618B West Fifth Ave. F Uni-Tel Communications Group, Inc. John Gustaitis, President

Naperville, IL 60563 Issued: July 10, 1998 Effective:


4.1

4.2

4.3

SECTION 4 - RATES AND CHARGES

Uni-Tel 1 Plus

Rate Per Minute II $0.1510

Directory Assistance

The rate is $0.95 per call.

Miscellaneous Charges

4.3.1 Payphone Surcharge

Pursuant to the FCC’s Order in CC Docket 96-128, this surcharge applies only to dial-around calls, i.e., calls originating via a Customer’s 800 and other toll-free numbers and travel cards, from payphone instruments. The Customer will pay the Company a per call surcharge of $0.35 per call for all such traffic.

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