Telecom Rules and Regulations
ELECTRIC PLANT BOARD
SCHEDULE OF RULES AND REGULATIONS
FOR FIBER TELECOMMUNICATION SERVICE
DEFINITION OF TERMS AND EXPLANATION OF ABBREVIATIONS
EPB - Electric Plant Board of the City of Russellville, KY. located at 165 E. Fourth Street, P. O. Box 418, Russellville, KY 42276. Phone (270) 726-2466.
EPB Smartnet - a brand name utilized by the EPB to designate its telecommunication services.
Customer or Subscriber - used interchangeably, refers to the purchaser of any of the services, electric or telecom, provided by the EPB.
Fiber Telecommunication Service or Telecom Service - services provided by the EPB in the form of telephone, internet, or any other service delivered, managed, monitored, or controlled over the EPB’s fiber facilities and differentiated from EPB’s Wireless Internet service.
Internet - service providing connectivity to the World Wide Web commonly using a computer.
Telephone - service providing voice communication over EPB’s fiber facilities.
ONT (Optic Network Terminal) - the device mounted on Customer’s premises, usually near the electric meter, where EPB’s fiber optic cable terminates and transitions to a CAT5 ethernet or other type of cable that is run to Customer’s router or other network equipment.
APPLICATION FOR SERVICE
The Customer shall submit a written application for telecommunication services for each location at which service is desired. Application shall be made on forms provided by the EPB. Application for telecommunication service located within the EPB’s electric service area must be made by the same person or commercial entity that currently has electric service at the same location. Any new customer must be at least 18 years old and provide a minimum of one form of picture ID.
FEES AND CHARGES
Upon acceptance by the EPB of the Customer’s application for telecommunication service, the Customer shall pay to the EPB the applicable monthly service fees, all security deposits, any equipment lease fees or purchase cost, installation fees, connection fees, and any other fees or charges due the EPB. Any service, lease maintenance, purchase, installation, security deposits, and other charges for which the Customer is obligated shall be payable in advance.
A deposit or suitable guarantee may be required before service is supplied by the EPB. The deposit will be based on the level of service to be supplied to the customer. The EPB may, at its option, return the deposit to the customer after one year. Upon termination of service, deposit may be applied by the EPB against unpaid service charges and/or fees of the customer, and if any balance remains after such application is made, said balance shall be refunded to the customer provided the customer has provided a valid mailing address to the EPB.
All equipment furnished by the EPB shall remain the property of the EPB. When service is terminated, the customer shall return all equipment, such as routers and ONT’s to the EPB’s office at 165 E. Fourth Street, Russellville, KY within fourteen (14) days.
If the equipment is not returned within fourteen (14) days or equipment is returned and found not to be in satisfactory working condition, or if equipment has been opened, tampered with, defaced, or damaged in any other way (normal wear and tear excepted) customer will be charged the replacement cost of the non-returned or damaged equipment.
Willful failure to return equipment furnished by the Russellville EPB is punishable by law.
RIGHT OF ACCESS
The Customer, by making application for telecommunication service and upon the EPB acceptance and approval of Customer’s application, grants permission for the EPB, its agents and/or employees, to enter upon the property of Customer for the purpose of installation, inspection, maintenance, testing and/or repair of its service to Customer’s premises. Upon termination of service, Customer grants permission for the EPB, its agents or employees, to enter upon the premises for the removal of material and equipment belonging to the EPB.
OWNERSHIP OF EQUIPMENT AND MATERIALS
All equipment and materials, unless purchased by Customer from the EPB or is installed on Customer’s premises to become an integral part of the premises or is permanently attached to Customer’s premises, shall remain the property of the EPB. Equipment furnished by EPB has a limited manufacturer's warranty and Customers should notify the EPB immediately in the event of an equipment malfunction. There are no warranties, expressed or implied, from the EPB to the Customer due to the failure of the equipment or service furnished by the EPB to the Customer.
The Customer agrees not to tamper with or alter in any way EPB’s wiring or equipment and to safeguard EPB’s equipment from abuse or alteration by others. Customer agrees that he/she will not hire or permit anyone other than EPB employees or agents to perform any repair or work on EPB property or equipment. Customers shall use due diligence to protect EPB equipment from damage due to lightning.
The Customer warrants, to the best of their knowledge, that the electrical wiring of the premises where service is being requested meets the requirements of the National Electric Code applicable at the time the premises was constructed or at the time of any modifications. Any modifications or alterations of Customer’s premise electrical wiring required to receive EPB’s service must be performed by Customer or Customer’s electrician in accordance with current NEC requirements. The EPB, its agents or employees, will not alter the internal electrical wiring of Customer’s premises.
In the event EPB discovers the unauthorized use of its services, the EPB will render a bill based on the estimated cost of services used and the period of unauthorized use plus an amount to cover the cost of inspection, investigation, reconnections, fees incurred and costs to repair or replace EPB equipment. All charges must be paid prior to service being provided or re-established. The unauthorized use of EPB’s services is subject to prosecution under applicable local, state, and federal law.
MONTHLY CHARGES FOR SERVICE
The EPB utilizes multiple billing cycles to bill customers, each cycle has a separate Service To Date and Bill Due Date. If the customer is an existing electric customer on standard billing, charges for telecom services will be included on the same billing statement as their electric service. Customers without electric service, or on pre-pay electric billing will be included in the EPB’s billing cycle for customers with telecom services only. Charges for telecom services are billed in advance. A customer’s initial bill will include a prorated amount from the date of installation until the Service To Date of the Customer’s billing cycle plus the full amount for service for the following month.
The EPB utilizes the United States Postal Service to deliver its billing statements and they are mailed each month approximately fifteen (15) days prior to the Bill Due Date. Charges are due and payable upon receipt of the billing statement. Failure to receive a billing statement does not prevent the customer from incurring late charges or release them of payment obligation. EPB may provide its customers other means to receive billing statements and other means to make bill payment as time and technology allows.
Monthly charges for service shall be determined per the schedule of rates applicable to the services being supplied to the Customer. Rate schedules are subject to change by the EPB without prior notice to Customer.
The EPB’s Internet service provides a connection to the World Wide Web using underlying communication carriers. Service may be temporarily refused, limited, interrupted, or curtailed due to government regulations/orders, system capacity limitations, limitations imposed by an underlying communications carrier, or because equipment modifications, upgrades, repairs or relocations or other similar activities necessary for proper operation or improvement to the EPB’s system.
INTERNET SERVICE ACCEPTABLE USE POLICY (AUP)
This Acceptable Use Policy (AUP) delineates the standards for the permissible and prohibited uses of the EPB Internet Service. Our objective is to ensure a reliable, safe, and efficient experience for all users. By utilizing the EPB Internet Service, users concur with this AUP and assume responsibility for their activities and any ensuing consequences.
2. General Use:
EPB's Internet Service is provided exclusively for legitimate and lawful purposes. Engaging in activities that contradict these principles may result in suspension or termination of the service.
3. Prohibited Activities:
Users of the EPB Internet Service are prohibited from:
a. Illegal Activities -
using the service in violation of local, state, federal, or international laws.
b. Harmful Activities -
distributing malware, viruses, or participating in phishing schemes.
c. Infringement -
transmitting or distributing copyrighted materials without the necessary permissions.
d. Abuse -
sending unsolicited messages (spam), launching denial-of-service attacks, or any
activity that disrupts service for other users
e. Harmful Content -
distributing or accessing child pornography, content advocating hate or violence, or
other illegal harmful content.
f. Network Disruption -
engaging in activities that interfere with or disrupt network services or equipment.
4. System and Network Security:
Users bear the responsibility of fortifying their systems against unauthorized access, data breaches, or other security incidents. This encompasses:
a. Keeping software updated.
b. Employing robust passwords and authentication techniques.
c. Installing trustworthy security software.
5. Monitoring and Enforcement:
EPB holds the right to:
a. Oversee network traffic and user activities when deemed necessary.
b. Restrict or block access to content violating this AUP.
c. Collaborate with legal authorities during investigations relating to illicit activities conducted via our service.
EPB is not liable for any damages, whether direct or indirect, arising from a user's violation of this AUP.
EPB reserves the exclusive right to amend this AUP as needed. Continued utilization of the service post-amendment indicates acceptance of the revised policy.
8. Repeat Offenders & DMCA Infringement:
a. 1st Offense: The customer will receive a letter notifying them of the infringement.
b. 2nd Offense: The customer's internet service will be temporarily disabled. The customer must then visit the EPB office in person to sign an acknowledgment of the infringement to restore their service.
c. 3rd Offense: The customer's internet service will be permanently terminated.
Breaching this AUP can lead to a temporary suspension or permanent termination of service, solely at EPB's discretion.
Inquiries related to this AUP should be directed to:
email@example.com or (270) 726-2466
Customers acknowledge that internet systems use public access facilities to transmit voice and data communications and that the service may not be completely private. EPB is not liable for any claims, loss, damages or cost incurred by customers which may result from lack of privacy on the system.
Customer acknowledges that internet systems may carry material, which may be considered abusive, profane, or sexually offensive and that the EPB is not liable to customer for any claims, loss, damages or cost that may result from such material
1. Emergency Services - 911 Dialing:
EPB phone customers have access to Enhanced 911 (E911) service. With E911 service, when you dial 911, your telephone number and registered address are simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. You authorize us to disclose your name and address to third parties involved with providing 911 dialing to you, including, without limitation, call routers, call centers and local emergency centers. This service is provided at a specific permanent address and not available as a nomadic offering. It is illegal to use EBP’s equipment at any location other than the registered address.
2. Confirmation of Activation Required:
Your 911 dialing feature may not be activated for any phone line that you are using with the service unless and until you receive verification from the EPB that the 911 dialing feature has been activated for that phone line.
3. Service Outages:
In the event of a power failure, landline phones may not operate due to power loss at the ONT side. It is recommended for customers to have alternative means of communications, such as a cell phone, during these events.
Service outages, suspensions or disconnections of your services will prevent all services, including 911 dialing, from functioning. Other service problems may inadvertently impede the usage of your phone service. During such service interruption, your phone service, including 911 dialing, may not function. There may be a possibility of network congestion and/or reduced speed in the routing of a 911 call as compared to dialing over a traditional public telephone network. You acknowledge that the EPB is not responsible for any impediment to your usage of the service or any loss of service, including 911 dialing. In the event you lose service you will be responsible for payment of the service charges unless and until you disconnect the service in accordance with the EPB’s Terms and Conditions.
4. Disclaimer of Liability & Indemnification:
We do not have any control over whether, or the manner in which, calls using our 911 dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither EPB nor its officers, directors, employees, affiliates, or agents may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 dialing service. You shall defend, indemnify, and hold harmless the EPB, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys' fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the service, including 911 dialing, incorrectly routed 911 dialing calls, and/or the inability of any user of the service to be able to use 911 dialing or access emergency service personnel.
5. Alternate 911 Arrangements:
If you are not comfortable with the limitations of the 911 dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the service.
6. Operator Assisted Calling:
The EPB service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, etc.). The service may not support 311, 511 and/or other calls (other than certain specified dialing such as 911 and 411). At Customer’s request, the service can be configured to allow 900 calls.
7. Incompatibility With Other Services:
The service may not be compatible with certain home security systems or other analog-based phone services. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions or other specialized services. You are responsible for contacting the alarm monitoring company to test the compatibility of any security system with the service.
8. Use of Phone Service:
If you subscribe to EPB's phone services, the service and any device supplied by the EPB are provided to you solely for normal residential and small commercial use. You are prohibited from using the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your service if we determine, in our sole and absolute discretion, that your use of the service is, or at any time was, inconsistent with normal residential and small commercial usage patterns.
9. Prohibited Uses:
You shall use the service and any device supplied by the EPB only for lawful purposes. With the implementation of the STIR/SHAKEN procedures, EPB emphasizes its commitment to combatting unlawful robocalls and ensuring the authenticity of caller ID information. EPB reserves the right to immediately disconnect your service without notice if determined that you have used the service for an unlawful purpose or in violation of the STIR/SHAKEN protocols. You shall not use the service or the device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or exhibits any similar behavior. EPB reserves the right to immediately disconnect your service without notice if, it is determined that you have used the service or the device in any of the aforementioned ways. If it is determined that you have used the service in violation of the above terms or the STIR/SHAKEN procedures, EPB may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to the forwarding of any such communications and information to these authorities. In addition, EPB will provide information in response to law enforcement requests, subpoenas or court orders, to protect its rights and property, and in the case where failure to disclose the information may lead to imminent harm to the customer or others. Furthermore, EPB reserves all rights at law and equity to proceed against anyone who uses the services illegally or improperly.
State and local governments may assess taxes, surcharges and/or fees on your use of EPB’s phone service. These charges may be a flat fee or a percentage of your EPB charges and may change from time to time without notice. EPB passes all taxes it collects on to the appropriate taxing authority. You are responsible for all applicable taxes, fees or charges now in force or enacted in the future that arise as a result of your subscription or use or payment for the service. Such amounts are in addition to payment for the service and will be billed to you as set forth in the Terms and Conditions. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate. Other non-tax fees (such as Universal Service Fund, 911 Surcharge, etc.) may also be included with the service and billed to you as set forth in the Terms and Conditions.
11. Service Distinctions:
The Service is not a traditional telecommunications service, and we provide it on a best efforts basis. Things beyond our control may affect the service. Other things may affect service, such as maintenance. EPB will act in good faith to minimize disruptions to your use of and access to service. Important distinctions exist between traditional telecommunications service and the service offering that we provide. The service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
12. Letter of Authorization:
In order for the EPB to port Customer’s existing phone number(s) the EPB must have a Letter of Authorization that authorizes the EPB to act as Customer’s authorized agent for all matters pertaining to the number(s) listed on the Letter. This agency includes disconnections of service and other requests as deemed necessary by the EPB to implement the services ordered from the EPB, including but not limited to:
(1) securing information for activating, porting, disconnecting, editing and transferring service for Customer, (2) securing information for the purposes of resolving technical issues for Customer, (3) securing information for activating, removing, changing and editing Customer's directory listings.
This Schedule of Rules and Regulations is a part of all contracts for receiving telecommunication services, and applies to all telecommunication services received from EPB, whether the service is based upon contract, agreement, signed application, or otherwise. A copy of the current Rate Schedules and these Rules and Regulations under which telecommunication services will be supplied is open for inspection by the general public at the EPB office and on the EPB’s website at www.EPBNET.com. A printed copy of the current Rate Schedules and these Rules and Regulations will be furnished to the Customer upon request.
14. Use of NON-EPB Facilities to Provide Service:
The EPB utilizes existing poles owned by the EPB, AT&T, Pennyrile Rural Electric Cooperative, and others whenever available to provide service to customers. While the EPB maintains joint use agreements with each of the owners, the continued use of others’ poles is not guaranteed. In the event the continued use of others’ poles is denied for any reason, EPB will make every reasonable effort to provide service over alternate routes and facilities. Customer agrees that they will make no claims or undertake any action against EPB or any other utility if the service to Customer is interrupted or discontinued for this reason.
15. Availability of Service:
EPB will make every reasonable effort to provide telecommunication service to everyone who applies for service in the shortest time practicable where its services are readily available. EPB may expand its services in areas it is authorized to serve when it is reasonably feasible.
16. Service Drops:
EPB will make reasonable effort to install its fiber service cable from the nearest pole to Customer’s premises following the route of Customer’s electric service drop; overhead service when electric is overhead and underground when electric service is underground. However, due to the presence of rock, and other natural or manmade obstacles in the EPB service area, the installation of conduit or direct burial of fiber cable may not be reasonably feasible. In the event it is determined that an underground service is not feasible, the EPB, with Customer’s permission, will install an overhead fiber service drop to the premises. It is the EPB’s sole discretion whether an underground service is feasible or not.
17. Interruptions of Service:
The EPB shall make every effort to prevent interruptions of service to its customers, however interruptions are inevitable due to weather, accidents, equipment failure, etc. and for the EPB to make upgrades, alterations and/or maintain its facilities. In the event of such interruptions the EPB will make every reasonable effort to restore service promptly. When EPB plans an interruption of service, it will utilize reasonable means to provide advance notice to customers of the planned interruption. Notices of service interruption or poor quality service will be investigated thoroughly by EPB employees or its agents and they will make every effort to remedy when it is the fault of EPB’s system or equipment. The EPB assumes no responsibility other than that contained in these Rules and Regulations for any harm, real to or perceived by the customer, due to any interruptions
In the event EPB dispatches its employees or agents to investigate a complaint by Customer of poor quality service or an interruption of service and it is determined the problem is being caused by Customer’s equipment or other Customer owned facilities, the Customer may be charged the cost of time and transportation.
In the event that a technician is dispatched to a customer's residence or place of business outside of normal operating hours and it is subsequently ascertained by the technician that the issue prompting such dispatch does not originate from any fault attributable to the Electric Plant Board (EPB), the customer shall be subject to an additional service charge of $49.95. This charge will be itemized on the next billing statement.
Approved by the Board: November 09, 2023