TelCove Operations, LLC W.V. P.S.C. Tariff No. 3 Canonsburg .

Transcription

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 15317W.V. P.S.C. Tariff No. 3Cancels WV Tariff No. 3 ofTelCove Operations, Inc.Original Title SheetTELCOVE OPERATIONS, LLCREGULATIONS AND SCHEDULE OF INTRASTATE CHARGESGOVERNING THE PROVISION OF DEDICATED SERVICESFOR CONNECTION TO PUBLIC AND PRIVATECOMMUNICATIONS FACILITIES WITHINTHE STATE OF WEST VIRGINIAThis tariff applies to the Dedicated Access Services furnished by TelCove Operations, LLCbetween one or more points in the State of West Virginia. This tariff is on file with the Commission,and copies may be inspected, during normal business hours, at the Company's principal place ofbusiness, 121 Champion Way, Canonsburg, Pennsylvania 15317.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 15317W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 1CHECK SHEETThe sheets of this tariff are effective as of the date shown. The original and revised sheetsnamed below contain all changes from the original tariff and are in effect on the date ginalOriginalOriginalOriginal*New or revised sheet.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 15317W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 2Table of ContentsSheetSECTION 1 - EXPLANATION OF SYMBOLS .3SECTION 2 - DEFINITIONS .4.SECTION 3 - APPLICATION OF TARIFF .9.SECTION 4 - REGULATIONS .10.SECTION 5 - DESCRIPTION OF SERVICES .45.SECTION 6 - RATES AND CHARGES .58.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153171.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 3EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OFTECHNICAL TERMS USED IN THIS TARIFFThe following symbols shall be used in this Tariff for the purpose indicated below:CDINTOM-Indicates change in text of regulations.Indicates a decrease in rates.Indicates an increase in rates.Indicates new rates or regulations.Indicates temporary rates and/or surcharges.Indicates omissions.Indicates material moved.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153172.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 4DEFINITIONSCertain terms used generally throughout this Tariff are described below.Access ServicesThe Company's interstate telephone services offered pursuant to this Tariff.Advance PaymentPart or all of a payment required before the start of service.Application for ServiceAn application which includes all pertinent billing, technical and other descriptiveinformation which will enable the Carrier TelCove to provide the specifiedcommunications services.Authorized UserA person, firm or corporation which is authorized by the customer or joint user to beconnected to the service of the customer or joint user, respectively.BitThe term “Bit” denotes the smallest unit of information in a binary system of notation.CarrierTelCove Operations, LLC, referred to as TelCove or Company.Carrier’s Point of PresenceLocation of Carrier’s terminals in each location used to originate or terminateinterexchange transmissions.Channel or CircuitA communications path between two or more points having a transmission speedspecified in this tariffCommissionThe West Virginia Public Service Commission.CompanyTelCove Operations, LLC, the issuer of this Tariff unless the context clearly indicatesotherwise.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 15317W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 52. DEFINITIONS (Cont'd)CustomerThe person, firm or corporation which orders service and is responsible for the paymentof charges and compliance with the Company's regulations.DedicatedA facility or equipment system or subsystem set aside for the sole use of a specificcustomer.Dim FiberFiber capacity that is normally provided in bandwidth increments, with or without all,or a portion of the associated electronics.Dark FiberFiber that does not include the associated electronics required to provide services.Dark fiber is normally provided in complete fiber strands.DataThe term “Data” denotes the representation of information as characters that are in adigital or analog form and to which meaning can be assigned.DDS – Digital Data ServiceTransport of data-grade digitized and synchronized signals, as opposed to voicegrade analog signals.DS-0Digital Signal Level 0 service, generally a 64 kbps signal.DS-1Digital Signal Level 1 service, a 1.544 Mbps signal.DS-3Digital Signal Level 3 service, a 44.736 Mbps signal.End User or UserAny person or entity that obtains the Company's services provided under this Tariff,regardless of whether such person or entity is so authorized by the Customer.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153172.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 6DEFINITIONS (Cont'd)ExpediteA service description plus the accompanying installation or change to related circuitsprocessed in a time period shorter than Carrier’s standard service interval, uponrequest by a Customer.Individual Case BasisA service arrangement in which the regulation, rates and charges are developedbased on the specific circumstances of the case.InterruptionA condition whereby the service or portion of the service in inoperative, beginning atthe time of notice by the Customer to Carrier that such service is inoperative, andending at the time of restoration.Intrastate Access ServiceProvides for a two-point communications path between a Customer's premises or acollocated interconnection location and an end user's premises for originating andterminating calls within the state.KbpsKilobits per second, or thousands of bits per second.LATAA Local Access and Transport Area established pursuant to the Modification of FinalJudgment entered by the United States District Court for the District of Columbia inCivil Action No. 82-0192; or any other geographic area designated as a LATA in theNATIONAL EXCHANGE CARRIER ASSOCIATION, Inc. Tariff F.C.C. No. 4.MbpsMegabits per second, or millions of bits per second.MultiplexingMultiplexing, or “muxing” is the sequential combining of lower bit rate services onto ahigher bit rate service for more efficient facility capacity usage, or vice versa.DS-1 to DS-0 MultiplexingThe multiplexing/demultiplexing of up to 24 DS-0 or VF channels per DS-1.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153172.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 7DEFINITIONS (Cont'd)M13 MultiplexingThe multiplexing/demultiplexing of up to 28 DS-1 channels per DS-3.Custom MultiplexingThe multiplexing or preparation of traffic for transport on Carrier’s network that isnormally considered non-standard, such as 10 mb, or 16 mb signals.NetworkRefers to the Company's facilities, equipment, and services provided under this Tariff.Network ServiceIntrastate communications service providing one-way and/or two-way informationtransmissions originating from points within the State of West Virginia.Non-recurring ChargesOne time charges.POP – Point of PresenceThe interconnection location of an interstate service provider.Service Commencement DateThe first date on which the Company notifies the Customer that the requested service orfacility is available for use, unless extended by the Customer's refusal to accept servicewhich does not conform to standards set forth in the Service Order or this Tariff, in whichcase the Service Commencement Date is the date of the Customer's acceptance. TheCompany and the Customer may mutually agree on a substitute ServiceCommencement Date. If the Company does not have an executed Service Order from aCustomer, the Service Commencement Date will be the first date on which the service orfacility was used by a Customer.Service OrderThe written request for dedicated services executed by the Customer and the Companyin the format devised by the Company. The signing of a Service Order by the Customerand acceptance by the Company initiates the respective obligations of the parties as setforth therein and pursuant to this Tariff, but the duration of the service is calculated fromthe Service Commencement Date. Should a Customer use the Company's dedicatedservice without an executed Service Order, the Company will then request the Customerto submit a Service Order.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153172.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 8DEFINITIONS (Cont'd)SharedA facility or equipment system or subsystem that can be used simultaneously by severalCustomers.UserA customer, joint user, or any other person authorized by a customer to use serviceprovided under this Tariff.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153173.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 9APPLICATION OF TARIFF3.1This Tariff applies to intrastate access service supplied to Customers fororigination and termination of traffic to and from Central Office codes directlyassigned to the Company.This Tariff applies only to the extent that services provided hereunder are usedby a Customer for the purpose of originating or terminating intrastatecommunications. A communication is "intrastate" only if all points of originationand termination are located within the State of West Virginia.3.1.1 Dedicated High-Speed Digital ServiceThe furnishing of intrastate interLATA and intraLATA DedicatedTelecommunications services in connection with one-way and/or two-wayinformation transmission originating from nonresidential user points withinthe State of West Virginia.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153174.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 10REGULATIONS4.1Undertaking of the Company4.1.1. ScopeThe Company undertakes to furnish dedicated services in accordancewith the terms and conditions set forth in this Tariff.4.1.2 Shortage of FacilitiesAll service is subject to the availability of suitable facilities. The Companyreserves the right to limit the length of communications or to discontinuefurnishing services when necessary because of the lack of transmissionmedium capacity or because of any causes beyond its control.4.1.3 Terms and ConditionsA)Service is provided on the basis of a minimum period of at leastone month, 24-hours per day. For the purpose of computingcharges in this Tariff, a month is considered to have 30 days.B)Customers may be required to enter into written Service Orderswhich shall contain or reference a specific description of theservice ordered, the rates to be charged, the duration of theservices, and the terms and conditions in this Tariff. Customerswill also be required to execute any other documents as may bereasonably requested by the Company.C)In any action between the parties to enforce any provision of thisTariff, the prevailing party shall be entitled to recover its legal feesand court costs from the non-prevailing party in addition to otherrelief a court may award.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153174.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 11REGULATIONS (Cont’d)4.1Undertaking of the Company (Cont’d)4.1.3 Terms and Conditions (Cont’d)D)This Tariff shall be interpreted and governed by the laws of theState of West Virginia regardless of its choice of laws provision.4.1.4 Limitations on LiabilityA)Except as otherwise stated in this section, the liability of theCompany for damages arising out of either: ( 1 ) the furnishing ofits services, including but not limited to mistakes, omissions,interruptions,delays,or errors, or other defects,misrepresentations, or use of these services or (2) the failure tofurnish its service, whether caused by acts or omission, shall belimited to the extension of allowances to the Customer forinterruptions in service as set forth in this Tariff.B)Except for the extension of allowances to the Customer forinterruptions in service as set forth in this Tariff, the Company shallnot be liable to a Customer or third party for any direct, indirect,special, incidental, reliance, consequential, exemplary or punitivedamages, including, but not limited to, loss of revenue or profits,for any reason whatsoever, including, but not limited to, any act oromission, failure to perform, delay, interruption, failure to provideany service or any failure in or breakdown of facilities associatedwith the service.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153174.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 12REGULATIONS (Cont’d)4.1Undertaking of the Company (Cont’d)4.1.4 Limitations on Liability (Cont’d)C)The liability of the Company for errors in billing that result inoverpayment by the Customer shall be limited to a credit equal tothe dollar amount erroneously billed or, in the event that paymenthas been made and service has been discontinued, to a refund ofthe amount erroneously billed.D)The Company shall not be liable for any claims for loss ordamages involving:1)Any act or omission of: (a) the Customer, (b) any otherentity furnishing service, equipment or facilities for use inconjunction with services or facilities provided by theCompany; or (c) common carriers or warehousemen;2)Any delay or failure of performance or equipment due tocauses beyond the Company's control, including but notlimited to, acts of God, fires, floods, earthquakes,hurricanes, or other catastrophes; national emergencies,insurrections, riots, wars or other civil commotions; strikes,lockouts, work stoppages or other labor difficulties; criminalactions taken against the Company; unavailability, failureor malfunction of equipment or facilities provided by theCustomer or third parties; and any law, order, regulation orother action of any governing authority or agency thereof;Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153174.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 13REGULATIONS (Cont’d)4.1Undertaking of the Company (Cont’d)4.1.4 Limitations on Liability (Cont’d)D)(Cont’d)3)Any unlawful or unauthorized use of the Company'sfacilities and services;4)Libel, slander, invasion of privacy or infringement ofpatents, trade secrets, or copyrights arising from or inconnection with the transmission of communications bymeans of Company-provided facilities or services; or bymeans of the combination of Company-provided facilitiesor services with Customer-provided facilities or services;5)Breach in the privacy or security of communicationstransmitted over the Company's facilities;6)Changes in any of the facilities, operations or proceduresof the Company that render any equipment, facilities orservices provided by the Customer obsolete, or requiremodification or alteration of such equipment, facilities orservices, or otherwise affect their use or performance,except where reasonable notice is required by theCompany and is not provided to the Customer, in whichevent the Company's liability is limited as set forth in thisTariff.7)Defacement of or damage to Customer premises resultingfrom the furnishing of services or equipment on suchpremises or the installation or removal thereof;Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153174.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 14REGULATIONS (Cont’d)4.1Undertaking of the Company (Cont’d)4.1.4 Limitations on Liability (Cont’d)D)(Cont’d)8)Injury to property or injury or death to persons, includingclaims for payments made under Workers' Compensationlaw or under any plan for employee disability or deathbenefits, arising out of, or caused by, any act or omissionof the Customer, or the construction, installation,maintenance, presence, use or removal of the Customer'sfacilities or equipment connected, or to be connected to theCompany's facilities;9)Any intentional, wrongful act of a Company employee whensuch act is not within the scope of the employee'sresponsibilities for the Company and/or is not authorizedby the Company;10)Any representations made by Company employees that donot comport, or that are inconsistent, with the provisions ofthis Tariff;11)Any noncompletion of calls due to network busy conditions;12)Any calls not actually attempted to be completed duringany period that service is unavailable.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153174.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 15REGULATIONS (Cont’d)4.1Undertaking of the Company (Cont’d)4.1.4 Limitations on Liability (Cont’d)E)The Company shall be indemnified, defended and held harmlessby the Customer or end user from and against any and all claims,loss, demands, suits, expense, or other action or any liabilitywhatsoever, including attorney fees, whether suffered, made,instituted, or asserted by the Customer or by any other party, forany personal injury to or death of any person or persons, and forany loss, damage or destruction of any property, includingenvironmental contamination, whether owned by the Customer orby any other party, caused or claimed to have been causeddirectly or indirectly by the installation, operation, failure tooperate, maintenance, presence, condition, location, use orremoval of any Company or Customer equipment or facilities orservice provided by the Company.F)The Company does not guarantee nor make any warranty withrespect to installations provided by it for use in an explosiveatmosphere. The Company shall be indemnified, defended andheld harmless by the Customer from and against any and allclaims, loss, demands, suits, or other action, or any liabilitywhatsoever, including attorney fees, whether suffered, made,instituted or asserted by the Customer or by any other party, forany personal injury to or death of any person or persons, and forany loss, damage or destruction of any property, includingenvironmental contamination, whether owned by the Customer orby any other party, caused or claimed to have been causeddirectly or indirectly by the installation, operation, failure tooperate, maintenance, presence, condition, location, use orremoval of any equipment or facilities or the service.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153174.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 16REGULATIONS (Cont’d)4.1Undertaking of the Company (Cont’d)4.1.4 Limitations on Liability (Cont’d)G)The Company assumes no responsibility for the availability orperformance of any cable or satellite systems or related facilitiesunder the control of other entities, or for other facilities provided byother entities used for service to the Customer, even if theCompany has acted as the Customer's agent in arranging for suchfacilities or services. Such facilities are provided subject to suchdegree of protection or nonpreemptibility as may be provided bythe other entities.H)Except as otherwise stated in this Tariff, any claim of whatevernature against the Company shall be deemed conclusively to havebeen waived unless presented in writing to the Company withinthirty (30) days after the date of the occurrence that gave rise tothe NS, EXPRESS OR IMPLIED EITHER IN FACTOR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,INCLUDING WARRANTIES OF MERCHANTABILITY ORFITNESS FOR A PARTICULAR USE, EXCEPT THOSEEXPRESSLY SET FORTH HEREIN.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153174.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 17REGULATIONS (Cont’d)4.1Undertaking of the Company (Cont’d)4.1.5 Testing and AdjustingUpon suitable notice, the Company may make such tests, adjustments,and inspections as may be necessary to maintain the Company's facilitiesin satisfactory operating condition. No interruption allowance will becredited to the customer for the period during which the Company makessuch tests, adjustments, or inspections.4.1.6 Provision of Equipment and FacilitiesA)Except as otherwise indicated, customer-provided stationequipment at the Customer's premises for use in conjunction withthis service shall be so constructed, maintained and operated asto work satisfactorily with the facilities of the Company.B)The Company shall not be responsible for the installation,operation or maintenance of any Customer-providedcommunications equipment. Where such equipment is connectedto service furnished pursuant to this Tariff, the responsibility of theCompany shall be limited to the furnishing of services under thisTariff and to the maintenance and operation of such services inthe proper manner. Subject to this responsibility, the Companyshall not be responsible for:1)the through transmission of signals generated byCustomer-provided equipment or for the quality of, ordefects in, such transmission; or2)the reception of signals by Customer-provided equipment;orIssued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153174.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 18REGULATIONS (Cont’d)4.1Undertaking of the Company (Cont’d)4.1.6 Provision of Equipment and Facilities (Cont’d)B)(Cont’d)3)network control signaling where such signaling isperformed by Customer-provided network control signalingequipment.4.1.7 Special ConstructionSubject to the arrangement of the Company and to all of the regulationscontained in this Tariff, special construction of facilities may beundertaken on a reasonable efforts basis at the request of the customer.Special construction is that construction undertaken:(A)where facilities are not presently available, and there is no otherrequirement for the facilities so constructed;(B)of a type other than that which the Company would normally utilizein the furnishing of its services:(C)over a route other than that which the Company would normallyutilize in the furnishing of its services;(D)in a quantity greater than that which the Company would normallyconstruct;(E)on an expedited basis;Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Public Service Commission of West Virginia in CaseNo. 07-0014-T-NC dated January 1, 2007 and effective February 7, 2007.

TelCove Operations, LLC121 Champion WayCanonsburg, Pennsylvania 153174.W.V. P.S.C. Tariff No. 3Cancels WV PSC Tariff No. 3 ofTelCove Operations, Inc.Original Sheet 19REGULATIONS (Cont’d)4.1Undertaking of the Company (Cont’d)4.1.7 Special Construction(F)on a temporary basis until permanent facilities are available;(G)involving abnormal costs; or(H)in advance of its normal construction.Special construction charges will be determined as described herein.4.1.8 Ownership of FacilitiesTitle to all facilities provided in accordance with this Tariff remains in theCompany, its agents, contractors or suppliers.Issued: January 1, 2007Effective: February 7, 2007By:Director of Regulatory AffairsIssued by authority of an Order of the Publi

TelCove Operations, LLC W.V. P.S.C. Tariff No. 3 121 Champion Way Cancels WV Tariff No. 3 of Canonsburg, Pennsylvania 15317 TelCove Operations, Inc. Original Title Sheet TELCOVE OPERATIONS, LLC REGULATIONS AND SCHEDULE OF INTRASTATE CHARGES GOVERNING THE PROVISION OF DEDICATED SERVICES FOR CONNECTION TO PUBLIC AND PRIVATE