TV
This is the Service Interruption Credits Policy for Empire Video Services Cable TV Services (the “Service”).
Service Interruption Credits Policy
Section 890.65 of 16 NYCRR Part 890 is amended to provide credit for service interruptions “[w]hen a service outage affecting 100 or more subscribers exists due to a particular service interruption cause.” Such service credit shall be calculated as follows: “If interruption continues for 24 hours or more, 1/30th of the monthly rate for all services and facilities furnished and billed by the service provider that are rendered useless or substantially impaired for each 24 hours (or fraction thereof)” and “If a service interruption is for less than 24 hours, and if credit is requested by the subscriber on the grounds that service for the day was substantially impaired by such interruption or interruptions, then, CASE 22-M-0180 25 a credit allowance will be issued for that day at 1/30th of the monthly rate.” In addition, Section 890.65 includes provisions related to loss of commercial power and applicability to commercial customers.
Internet
Service Description
The Internet Service provides an Internet connection at designated speeds into the Empire Access IP Network. Empire Access uses Partners (Tier 1 Providers) to terminate Internet traffic. The selected type of Service, pricing and length of Initial Term are set forth on the Service Contract for the Service.
Service Level Agreements
Network Service Availability
Empire Access is committed to providing 99.99% Service Availability, defined as a network connection that is connected and exchanging IP packets with the Empire Access network and the internet.
Service non-Availability must be reported by the customer by opening a trouble ticket and the start of the Service non-Availability starts when the trouble ticket is opened. Should Empire Access not provide 99.99% Service Availability for a given month, the customer is entitled to a credit against monthly recurring charges (MRC) as stated in the Service Contract based upon the following:
LENGTH OF SERVICE NON-AVAILABILTITY & CREDIT
120 minutes to 240 minutes: Credit of 10% of MRC
240 minutes to 480 minutes: Credit of 20% of MRC
480 minutes to 960 minutes: Credit of 30% of MRC
960 minutes to 1,920 minutes: Credit of 40% of MRC
Over 1,920 minutes: Credit of 50% of MRC
LATENCY
The standard for latency on the Empire Access Network is less than 60 ms in North America and less than 160 ms elsewhere throughout the world. Latency is measured between access and egress ports on the Empire Access IP Network and our Partner’s Network egress point. Latency is measured using only Empire Access’s network management system, which is the conclusive measurement for this performance standard.
If the actual average monthly roundtrip latency of the Service exceeds the parameters above, Empire Access shall credit Customer ten percent (10%) of the applicable MRC for Fixed Bandwidth or Committed Bandwidth for the applicable month for all affected Customer ports.
Packet Delivery
Empire Access guarantees average (in a calendar month) packet delivery of greater than or equal to 99.9% for Empire Access’s and our Partner’s Network. “Packet Delivery” is defined as the successful delivery of packets between Empire Access IP Network and Partner’s network.
If the actual monthly average packet delivery on the Empire Access IP Network fails to meet the applicable parameter above, Empire Access will credit Customer 10% of the applicable MRC for Fixed Bandwidth or Committed Bandwidth for the applicable month for all affected Customer ports. If, at any time, the Service experiences packet delivery below 95% in North America or 92% globally, for a sustained period of four hours or more, the period for which such reduced packet delivery is experienced shall be considered a period of Service non-Availability entitling Customer to the applicable credit provided for in the Section below titled “Network Service Availability.”
Chronic Outages
If an individual circuit experiences either: (i) a single period of Service Non-Availability in excess of twenty- four hours in any calendar month, (ii) three or more periods of Service Non-Availability of four hours or longer over the course of a rolling six month period, or (iii) five separate periods of Service Non-Availability (of any duration) within a calendar month, Customer may terminate the services without penalty provided that written notice of termination is provided to Empire Access within ninety days of the event giving rise to the termination right under this Section (that is, Internet access routers) on the Empire Access IP Network.
Exclusions
SLA credits:
- are calculated after deducting all discounts and special pricing arrangements
- do not apply to governmental fees, taxes, surcharges and similar additional charges
- exclude Force Majeure events
- exclude any act or omission of Customer or Customer’s agents, contractors or vendors. By way of example,
- failing to provide Empire Access adequate access to facilities for testing,
- failing to provide access to Customer premises as reasonably required by Empire Access (or its agents) to enable Empire Access to comply with its obligations regarding the Service,
- failing to take any remedial action in relation to a Service as recommended by Empire Access, or otherwise preventing Empire Access from doing so, or
- any act or omission which causes Empire Access to be unable to meet any of the SLAs.
- exclude instances where customer requests that Empire Access leave a trouble ticket open
If an incident affects the performance of a Service resulting in multiple SLA violations, only the single highest credit applying in respect of that incident will be applied.
SLA credits are applied only upon Customer written request, which must be submitted within thirty (30) calendar days of the end of the month in which entitlement of an SLA credit arose.
In no event will SLA credits in any calendar month exceed 100% of the total MRC payable by Customer for the Service in that month.
Phone
This is the Service Interruption Credits Policy for Empire Telephone’s Voice Services (the “Service”).
Service Interruption Credits Policy
When a service outage affecting 100 or more subscribers exists due to a particular service interruption cause, the service provider shall issue a credit allowance as follows: (1) If a service interruption continues for 24 hours or more, 1/30th of the monthly rate for all services and facilities furnished and billed by the service provider that are rendered useless or substantially impaired for each 24 hours (or fraction thereof). CASE 22-M-0180 3 Paragraph (e) of 16 NYCRR Section 603.5 (2) If a service interruption is for less than 24 hours, and if credit is requested by the subscriber on the grounds that service for the day was substantially impaired by such interruption or interruptions, then, a credit allowance will be issued for that day at 1/30th of the monthly rate.
Private Line
This is the Service Level Agreement for Empire Access’s Private Line Services (the “Service”), including MetroEthernet, DS-1, DS-3, Sonet and Dark Fiber Services. It is incorporated by reference into each Service Contract for the Service.
Service Description
The Service includes dedicated services between two demarcation points and includes MetroEthernet, DS-1, DS-3, Sonet and Dark Fiber Services. The end-to-end circuit does not include any customer-provided equipment or wiring, or third-party equipment that is not furnished by the Local Exchange Carriers as part of their access services, or any customer application on a covered circuit.
Service Level Agreements
Network Service Availability
Empire Access is committed to providing circuit availability of 99.999%. This is defined as a network connection that is connected and passing traffic between the two demarcation points.
Service Unavailability must be reported by the customer by opening a trouble ticket and starts only when the trouble ticket is opened. Should Empire Access not satisfy the service availability standard for a given month, the customer is entitled to a credit against monthly recurring charges (MRC) as stated in the Service Contract based upon the following schedule:
Length of Service Unavailability / Credit Received
120 minutes to 240 minutes: Credit of 10% of MRC
240 minutes to 480 minutes: Credit of 20% of MRC
480 minutes to 960 minutes: Credit of 30% of MRC
960 minutes to 1,920 minutes: Credit of 40% of MRC
Over 1,920 minutes: Credit of 50% of MRC
Chronic Outages
If an individual circuit experiences either: (i) a single period of Service Unavailability in excess of twenty-four hours in any calendar month, (ii) three or more periods of Service Unavailability of four hours or longer over the course of a rolling six month period, or (iii) five separate periods of Service Unavailability (of any duration) within a calendar month, Customer may terminate the Service without penalty provided that written notice of termination is provided to Empire Access via the Empire Access IP Network within ninety days of the event giving rise to the termination right under this Section.
Exclusions
SLA credits:
- are calculated after deducting all discounts and special pricing arrangements
- do not apply to governmental fees, taxes, surcharges and similar additional charges
- exclude Force Majeure events
- exclude any act or omission of Customer or Customer’s agents, contractors or vendors. By way of example:
- failing to provide Empire Access adequate access to facilities for testing;
- failing to provide access to Customer premises as reasonably required by Empire Access (or its agents) to enable Empire Access to comply with its obligations regarding the Service;
- failing to take any remedial action in relation to a Service as recommended by Empire Access, or otherwise preventing Empire Access from doing so;
- or any act or omission which causes Empire Access to be unable to meet any of the SLAs.
- exclude instances where customer requests that Empire Access leave a trouble ticket open
If an incident affects the performance of a Service resulting in multiple SLA violations, only the single highest credit applying in respect of that incident will be applied.
SLA credits are applied only upon Customer written request, which must be submitted within thirty (30) calendar days of the end of the month in which entitlement of an SLA credit arose.
In no event will SLA credits in any calendar month exceed 100% of the total MRC payable by Customer for the Service in that month.
Voice Services
This is the Service Level Agreement for Empire Access’s Voice Services (the “Service”). It is incorporated by reference into each Service Contract for the Service.
Service Description
The Voice Service includes both local voice service and long-distance voice service. Empire Access operates a fully redundant, survivable voice network and guarantees network reliability of 99.999%.
Service Level Agreement
Network Service Availability
Empire Access is committed to providing network availability of 99.999%. This is defined as a network connection that is connected and exchanging voice traffic the Empire Access switch.
Service Unavailability must be reported by the customer by opening a trouble ticket and starts only when the trouble ticket is opened. Should Empire Access not satisfy the service availability standard for a given month, the customer is entitled to a credit against monthly recurring charges (MRC) as stated in the Service Contract based upon the following schedule:
Length of Service Unavailability / Credit
120 minutes to 240 minutes: Credit of 10% of MRC
240 minutes to 480 minutes: Credit of 20% of MRC
480 minutes to 960 minutes: Credit of 30% of MRC
960 minutes to 1,920 minutes: Credit of 40% of MRC
Over 1,920 minutes: Credit of 50% of MRC
Chronic Outages
If an individual circuit experiences either: (i) a single period of Service Unavailability in excess of twenty-four hours in any calendar month, (ii) three or more periods of Service Unavailability of four hours or longer over the course of a rolling six month period, or (iii) five separate periods of Service Unavailability (of any duration) within a calendar month, Customer may terminate the services without penalty provided that written notice of termination is provided to Empire Access via the Empire Access IP Network within ninety days of the event giving rise to the termination right under this Section.
Exclusions
SLA credits:
- are calculated after deducting all discounts and special pricing arrangements
- do not apply to governmental fees, taxes, surcharges and similar additional charges
- exclude Force Majeure events
- exclude any act or omission of Customer or Customer’s agents, contractors or vendors. By way of example:
- failing to provide Empire Access adequate access to facilities for testing;
- failing to provide access to Customer premises as reasonably required by Empire Access (or its agents) to enable Empire Access to comply with its obligations regarding the Service;
- failing to take any remedial action in relation to a Service as recommended by Empire Access, or otherwise preventing Empire Access from doing so; or
- any act or omission which causes Empire Access to be unable to meet any of the SLAs.
- exclude instances where customer requests that Empire Access leave a trouble ticket open
If an incident affects the performance of a Service resulting in multiple SLA violations, only the single highest credit applying in respect of that incident will be applied.
SLA credits are applied only upon Customer written request, which must be submitted within thirty (30) calendar days of the end of the month in which entitlement of an SLA credit arose.
In no event will SLA credits in any calendar month exceed 100% of the total MRC payable by Customer for the Service in that month.