Q: What is detariffing?
A: The FCC required that U.S. Common Carriers, including Wholesale Carrier Services, Inc. ( “WCS”) no longer file and maintain tariffs for state-to-state and international telecom services. This occurred on July 31, 2001, in most cases. After detariffing, state-to-state (interstate) and international tariffs no longer apply, and the agreements between carriers and their customers rely entirely on contracts between carriers and their customers.
Q: Why are tariffs important?
A: Tariffs have historically served as the basis for creating binding rights and obligations between carriers and their customers for telecom services.
Q: Were all tariffs eliminated?
A: No. Tariffs will remain in effect for certain domestic in-state (intrastate) services (depending on the state), for exchange access services, and for some state-to-state and international services including: casual calling; traditional long distance for a 45-day period for customers who sign up for WCS service with a Local Exchange Carrier (LEC); international inbound collect; and mobile radio services such as ship-to-shore, etc.
Q: What replaced the tariffs and the function they serve?
A: WCS has posted on this website a document called the Service Guide. The Service Guide describes WCS’ standard service terms that will be the basis for any agreement between WCS and our customers. The Guide is NOT intended to be a single, comprehensive source for all service information-it is strictly a source for information and contractual terms of our products and services after detariffing.
Q: As a customer, how am I affected by detariffing?
A: With respect to the FCC detariffing in 2001, the following advice was provided: If you have a signed contract or term plan agreement with WCS, the written agreement will apply until expiration. If you have a WCS Network Services Agreement (“NSA”) or WCS Signature Acknowledgement Agreement (“SAA”) you also receive service in accordance with your underlying contract with us-just as you always have. You will continue to receive service for the remainder of your contract term according to your agreement, which may include applicable service descriptions, definitions, terms and conditions, and pricing that appeared in FCC tariffs in effect at the time of detariffing.
The relevant sections of WCS final FCC tariffs have been placed in the Service Guide and thereby become part of your service agreement.??If you do not have a signed contract with us, or otherwise receive service under WCS’ general tariffs, beginning August 1, 2001 you will receive service in accordance with WCS' Standard Business Agreement and the underlying Service Guide. Your continued use of service will constitute acceptance of the rates, terms and conditions contained in the Service Guide. Both the Standard Business Agreement and the Guide are available on this site (www.wcs.com/guide).
With respect to individual state detariffing, the following applies: If you have a signed contract with WCS which includes applicable rates, terms or conditions that are detariffed, then the relevant rates, terms or conditions for the services are placed under the Service Guide and are thereby part of your service agreement. If you do not have a signed contract with us, the service provided will be subject to the applicable rates, terms and conditions in the Service Guide, and your continued use of such service will constitute acceptance of the rates, terms and conditions contained in the Guide.
With respect to both detariffed interstate and intrastate services: from time to time, WCS may modify the rates, terms and conditions in the Guide. Unless your WCS Network Services Agreement (“NSA”) or WCS Signature Acknowledgement Agreement (“SAA”) expressly provides to the contrary, these changes will be binding on you. They will become effective on the date indicated on the Service Guide, but no changes will become effective with less than fifteen (15) calendar days website notice, except for governmental charges which can be within one (1) business day notice.
Q: Do the Terms and Conditions in the Guide differ from the tariffs??
A: At the time of detariffing, there were some differences, but they were not significant. Our intention was to make our published standard terms much more streamlined and friendly than the previous tariffs and uniform across all WCS services. In the past, WCS offered these services through many tariffs.
For consistency, a common set of definitions and terms and conditions (T&Cs) were be created. These T&Cs were then published in the Service Guide on the WCS website. Where intrastate services have been detariffed and put on the Service Guide, we have taken the same general approach to the extent allowed by state law and regulations, although specific rates may vary across the states.
Q: What governs my relationship with WCS, after detariffing?
A: The arrangement between WCS and our customers will be governed in the following order of precedence: (1) by any existing tariffs that remain after detariffing (for example, specific state tariffs and others noted in the third question above); (2) by provisions in your WCS Network Services Agreement (“NSA”) or WCS Signature Acknowledgement Agreement (“SAA”) that expressly apply instead of, or in addition to, provisions in the Service Guide: and (3) by provisions contained in the Service Guide.
Q: Are my contract terms, conditions, and rates still subject to change?
A: Yes. We reserve the right to make modifications to the Service Guide from time to time, including adding new services or service features and revising terms, conditions, and rates -much as we did prior to detariffing. The primary difference is that after detariffing we will make those changes through the Service Guide, while before we made them through our tariffs. Unless your agreement expressly provides to the contrary, these changes will be binding on you. Changes to the Guide will become effective on the date indicated in the Guide, but no changes will become effective with less than 15 days website notice.
Q: What recourse do I have if you make such changes?
A: You will have the same rights as before, as included in your written WCS Network Services Agreement (“NSA”) or WCS Signature Acknowledgement Agreement (“SAA”) contracts and in the Service Guide.
Q: How will we be notified when changes are made to the Service Guide?
A: The Service Guide is available twenty-four (24) hours a day, so you can learn of changes by visiting this website. Changes will be identified in annotation on the website. When you view the Guide, new or revised material should appear on your computer screen in red, boldface, and italicized font with "[...]" showing deleted material. For subsequent monthly changes, the information will reflect only the changes being made that month. The Guide text for the previous month's changes (shown in boldface and italics) will be returned to normal text.
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