COMCAST ENTERPRISE SERVICES PRODUCT-SPECIFIC ATTACHMENT INTRASTATE ETHERNET TRANSPORT SERVICES
ATTACHMENT IDENTIFIER: Intrastate Ethernet Transport, Version 1.14
The following additional terms and conditions are applicable to Sales Orders for Comcast’s Ethernet Transport Services:
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the General Terms and Conditions.
“Estimated Availability Date” means the target date for delivery of Service.
“Interconnection Facilities” means transmission capacity provided by Comcast, Customer or a third-party supplier to extend the Comcast Equipment from a Comcast terminal to any other location (e.g., a local loop provided by a local exchange company or other communications company).
“Services” means Intrastate Ethernet Transport Services.
ARTICLE 1. SERVICES
This attachment shall apply to Ethernet Transport Services. A further description of these Services is set forth in Schedule A-1 hereto which is incorporated herein by reference.
ARTICLE 2. PROVIDER
Service shall be provided by Comcast Business Communications, LLC; or Comcast Phone, LLC or its applicable affiliates and subsidiaries.
Comcast offers the Service in the following states:
California Colorado Connecticut Delaware Florida Georgia
Illinois Indiana Maryland Massachusetts Michigan Minnesota
New Hampshire New Jersey Oregon Pennsylvania Tennessee Texas
Utah Washington West Virginia Virginia
ARTICLE 3. REGULATORY APPROVAL; TRAFFIC MIX
Comcast’s pricing for Service may be subject to FCC, public service commission or other regulatory approval. Further, Customer represents that its use of Service hereunder will be jurisdictionally intrastate. If Customer’s use of the Service now or at any time in the future is jurisdictionally interstate, Customer shall immediately notify Comcast of the same in writing. Further, Comcast reserves the right, in its reasonable sole discretion, to reclassify Customer’s use of Service as jurisdictionally interstate or intrastate, as appropriate. Customer agrees to indemnify and hold Comcast harmless from any claims by third parties resulting from or arising out of Customer’s failure to properly represent or certify the jurisdictional nature of its use of Service.
ARTICLE 4. CUSTOM INSTALLATION FEE
Once Comcast accepts a Sales Order for Service, Comcast will invoice Customer for all Custom Installation Fee(s). Customer will pay the Custom Installation Fee(s) within thirty (30) days of the invoice date unless a payment schedule is specified in the applicable Service Order.
ARTICLE 5. PROVISIONING INTERVAL
Following its acceptance of a Sales Order, Comcast shall notify Customer of the Estimated Availability Date applicable to that Sales Order. Comcast shall use commercially reasonable efforts to provision the Service on or before the Estimated Availability Date; provided, however, that Comcast’s failure to provision by said date shall not constitute a breach of the Agreement.
ARTICLE 6. SERVICE COMMENCEMENT DATE
Comcast shall inform Customer when Service is available and performing in accordance with the “Performance Standards” set forth in Schedule A-1 hereto (“Availability Notification”). Charges for Service shall begin to accrue as of the Service Commencement Date. The Service Commencement Date shall be earliest of: (A) the date on which Customer confirms receipt of and concurrence with the Availability Notification; (B) five (5) business days following the date of the Availability Notification, if Customer fails to notify Comcast that the Service does not comply materially with the specifications set forth in Schedule A-1 hereto; or (C) the date on which Customer first uses the Service.
ARTICLE 7. TERMINATION CHARGES; PORTABILITY; UPGRADES
7.1 The charges set forth or referenced in each Sales Order have been extended to Customer in reliance on the Service Term set forth therein. To the extent that a Service Term has not been expressly set forth in a Sales Order, the minimum Service Term for Services is twenty-four (24) months.
7.2 Termination Charges.
A. In the event that Service is terminated following Comcast’s acceptance of the applicable Sales Order but prior to the Service Commencement Date, Customer shall pay Termination Charges equal to the costs and expenses incurred by Comcast in installing or preparing to install the Service plus twenty percent (20%).
B. In the event that that Service is terminated on or following the Service Commencement Date but prior to the end of the applicable Service Term, Customer shall pay Termination Charges equal to a percentage of the monthly recurring charges remaining for the unexpired portion of the then-current Service Term, calculated as follows:
i. 100% of the monthly recurring charges with respect to months 1-12 of the Service Term; plus
ii. 80% of the monthly recurring charges with respect to months 13-24 of the Service Term; plus
iii. 65% of the monthly recurring charges with respect to months 25 through the end of the Service Term; plus
iv. 100% of any remaining, unpaid Custom Installation Fees.
Termination Charges shall be immediately due and payable upon cancellation or termination and shall be in addition to any and all accrued and unpaid charges for the Service rendered by Comcast through the date of cancellation or termination.
C. Termination Charges for Off-Net Services. In the event Customer terminates Off-Net Service following Comcast’s acceptance of the applicable Sales Order but prior to the end of the applicable Service Term, Customer shall pay Termination Charges equal to 100% of the monthly recurring charges remaining through the end of the Service Term plus 100% of any remaining, unpaid Custom Installation Fees. Customer shall, pursuant to Article 3.2 of the General Terms and Conditions, also pay any third-party charges, incurred by Comcast as a result of the early termination of service by the Customer.
7.3 Exclusions. Termination Charges shall not apply to Service terminated by Customer (a) as a result of Comcast’s failure to provision Service within the intervals specified in Article 3 of this attachment or (b) as a result of Comcast’s material and uncured breach in accordance with Article 5.2 of the General Terms and Conditions.
7.4 Portability. Customer may terminate an existing Service (an “Existing Service”) and turn up a replacement Service (i.e., having different termination points on Comcast’s network) (a “Replacement Service”) without incurring Termination Charges with respect to the Existing Service, provided that (a) the Replacement Service must have a Service Term equal to the remaining Service Term of the Existing Service; (b) the Replacement Service must have monthly recurring charges equal to or greater than the monthly recurring charges for the Existing Service; (c) Customer submits a Sales Order to Comcast for the Replacement Service within ninety (90) days after termination of the Existing Service and that order is accepted by Comcast; (d) Customer reimburses Comcast for any and all installation charges that were waived with respect to the Existing Service; and (e) Customer pays the actual costs incurred by Comcast in installing and provisioning the Replacement Service.
7.5 Upgrades. Customer may upgrade the speed or capacity of an Existing Service without incurring Termination Charges, provided that (A) the upgraded Service (the “Upgraded Service”) must assume the remaining Service Term of the Existing Service; (B) the Upgraded Service must have the same points of termination on Comcast’s network as the Existing Service; (C) Customer submits a Sales Order to Comcast for the Upgraded Service and that order is accepted by Comcast; (D) Customer pays Comcast’s applicable nonrecurring charges for the upgrade; and (E) Customer agrees to pay the applicable monthly recurring charges for the Upgraded Service commencing with the upgrade.
ARTICLE 8. ADDITIONAL INFORMATION
As necessary for the interconnection of the Service with services provided by others, Comcast may request (as applicable), and Customer will provide to Comcast, circuit facility assignment information, firm order commitment information, and design layout records necessary to enable Comcast to make the necessary cross-connection between the Service and Customer’s other service provider(s). Comcast may charge Customer nonrecurring and monthly recurring cross-connect charges to make such connections.
ARTICLE 9. TECHNICAL SPECIFICATIONS AND PERFORMANCE STANDARDS; SERVICE LEVEL AGREEMENT
The technical specifications and performance standards applicable to the Service are set forth in Schedule A-1 hereto. The service level agreement applicable to the Service is set forth in a Schedule A-2 hereto.
SERVICE DESCRIPTIONS, TECHNICAL SPECIFICATIONS AND PERFORMANCE STANDARDS
COMCAST INTRASTATE ETHERNET TRANSPORT SERVICES
Intrastate Ethernet Transport Version 1.14
Comcast’s Ethernet Transport Services (“Service(s)”) will be provided in accordance with the service descriptions, technical specifications and performance standards set forth below:
1. Latency. Latency, also known as Frame Delay, is defined as the maximum delay measured for a portion of successfully delivered service frames over a 30 day period.
2. Jitter. Jitter, also known as Frame Delay Variation, is defined as the short-term variations measured for a portion of successfully delivered service frames over a 30 day period.
3. Packet Loss. Packet Loss, also known as Frame Loss, is the difference between the number of service frames transmitted at the ingress UNI and the total number of service frames received at the egress UNI over a 30 day period.
1. Ethernet Network Service (ENS). ENS enables customers to connect physically distributed locations across a Metropolitan Area Network (MAN) or Wide Area Network (WAN) as if they are on the same Local Area Network (LAN). The service provides VLAN transparency enabling customers to implement their own VLANs without any coordination with Comcast. ENS offers three Classes of Service (CoS), as described below. The service is offered with 10/100Mbps, 1Gbps, 10Gbps or 100Gbps Ethernet User-to-Network Interfaces (UNI) and is available in increments starting at 1Mbps.
2. Ethernet Private Line (EPL). EPL service enables customers to connect their Customer Premises Equipment (CPE) using an Ethernet interface. EPL service enables customers to use any VLANs or Ethernet control protocol across the service without coordination with Comcast. EPL service provides one Ethernet Virtual Connection (EVC) between two customer locations. EPL offers three Classes of Service (CoS), as described below. EPL service is offered with 10/100Mbps, 1Gbps, 10 Gbps or 100 Gbps Ethernet User-to-Network Interfaces (UNI) and is available in speed increments starting at 1Mbps.
3. Ethernet Virtual Private Line (EVPL). EVPL service provides an Ethernet Virtual Connection (EVC) between two customer locations similar to Ethernet Private Line service but supports the added flexibility to multiplex multiple services (EVCs) on a single UNI at a customer’s hub or aggregation site. The service multiplexing capability is not available at sites served by the Comcast HFC. EVPL offers three Classes of Service (CoS) , as described below. CoS options enable customers to select the CoS that best meets their applications’ performance requirements. The service is offered with 10/100Mbps, 1Gbps, 10 Gbps or 100Gbps Ethernet User-to-Network Interfaces (UNI) and is available in speed increments starting at 1Mbps.
Ethernet Virtual Circuit (EVC) Area Types
Comcast Ethernet Transport Services are available both within and between certain major metropolitan areas throughout the United States. Each EVC is assigned an EVC Area Type based upon the locations of respective A and Z locations.
a. Metro. EVC enables connectivity between customer locations within a Comcast defined Metro.
b. Regional. EVC enables connectivity between customer locations that are in different Comcast defined Metro’s, but within Comcast defined geographic Regions.
c. Continental. EVC enables connectivity between customer locations that are in different Comcast defined geographic Regions.
Technical Specifications and Performance Standards for Services
1. User-to-Network Interface. The Services provides the bidirectional, full duplex transmission of Ethernet frames using a standard IEEE 802.3 Ethernet interface. Comcast implements ingress policies at CPE UNI interfaces to enforce subscribed bandwidth levels. Each ingress policing policy is created utilizing Committed Information Rate (CIR) and Committed Burst Size (CBS) components. Figure 1 provides a list of available UNI physical interfaces and their available Committed Information Rate (CIR) bandwidth increments and Committed Burst Sizes (CBS).
2. Class of Service (CoS) Options. As set forth in Figure 2, Comcast Ethernet Transport Services are available with three different classes of service. The CoS options allow for differentiated service performance levels for different types of network traffic. CoS is used to prioritize customer mission-critical traffic from lesser priority traffic in the network. The customer must specify a CIR for each CoS to indicate how much bandwidth should be assigned to each CoS. The performance metrics associated with each CoS are set forth in Attachment A-1.1 to the Product-Specific Attachment for Ethernet Service. As expressed in Figure 2, particular CoS options may not be available by access type.
3. CoS Identification and Marking. Customer traffic classification and forwarding is based upon Comcast CoS prioritization that must be specified in service order. It is customer responsibility to shape traffic to ordered bandwidth. If a customer only orders a single CoS solution, they are not required to mark their packets and all customer packets will be forwarded based upon 802.1p value associated with the CoS level specified in service order. All packets, tagged or untagged, will be mapped into the subscribed CoS. If a customer implements a multi-CoS solution or for EVPL ports with service multiplexing, they must mark all packets using C-tag 802.1p CoS values as specified in Figure 3 to ensure the service will provide the intended CoS performance objectives specified in Figure 2. For multi-CoS solutions, untagged packets will be treated as if they are marked with a 0. Packets with other 802.1p values are mapped to the lowest subscribed CoS. In this case, C-tag VLAN ID values are not relevant as long as they are tagged with a VLAN ID in the range 1 to 4094. For EVPL ports with service multiplexing, untagged packets will be discarded and C-tag VLAN ID values are used to map traffic to applicable EVC’s.
4. Traffic Management. Comcast’s network traffic-policing policies restrict traffic flows to the subscribed CIR for each service class. If the customer-transmitted bandwidth rate for any CoS exceeds the subscription rate (CIR) and burst size (CBS), Comcast will discard the non-conformant packets. For packets marked with a non-conformant CoS marking, the service will transmit them using the Basic service class without altering the customer’s CoS markings. Traffic management policies associated with Off-Net Services will conform to the policies enforced by the third-party service provider.
5. Maximum Frame Size. Services delivered via Fiber support a Maximum Transmission Unit (MTU) packet size of 1600 bytes to support untagged or 802.1Q tagged packet sizes. Jumbo Frame sizes can be supported on an Individual Case Basis (ICB). For Services delivered via HFC, frame sizes may not exceed 1518 MTU size (1522 with a single VLAN tag). All frames that exceed specifications shall be dropped. For Off-Net Services, MTU may vary by third-party Off-Net provider and transport type.
6. Customer Traffic Transparency. All fields within customers Ethernet frames (unicast, multicast and broadcast, except L2CP) from the first bit of payload are preserved and transparently transported over UNI to UNI, as long as they are mapped into the EVC.
7. Ethernet Service Frame Disposition. Different types of Ethernet frames are processed differently by the Service. Frames may pass unconditionally through the network or may be limited as in the case of broadcast, unknown unicast and multicast frames to ensure acceptable service performance. Refer to Figure 7 for Comcast’s service frame disposition for each service frame type.
8. Quality of Service (QoS) Buffering. Figure 8 provides the Quality of Service (QoS) Buffer parameters associated with each UNI Speed.
9. Maximum Media Access Control (MAC) Addresses. ENS Services support a maximum of 2,500 MAC addresses per ENS domain and 250 MAC addresses per UNI.
SERVICE LEVEL AGREEMENT
Intrastate Ethernet Transport Version 1.14
Comcast’s Intrastate Ethernet Transport Services is backed by the following Service Level Agreement (“SLA”):
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Intrastate Ethernet Transport Services PSA or the General Terms and Conditions.
“Planned Service Interruption” means any Service Interruption caused by planned work such as scheduled maintenance or planned enhancements or upgrades to the network.
“Service Interruption” means a complete loss of signal that renders the Service unusable.
Service Level Agreement (SLA)
Company’s liability for any Service Issue (individually or collectively, “Liability”), shall be limited to the amounts set forth in the applicable sections.
In no event shall the total amount of credit issued to Customer’s account on a per-month basis exceed 50% of the total monthly recurring charge (“MRC”) associated with the impacted portion of the Service set forth in the Sales Order.
To qualify, Customer must request the Credit from Comcast within thirty (30) days of the interruption. Customer will not be entitled to any additional credits for SLA violations. Comcast shall not be liable for any Liability caused by force majeure events, Planned Service Interruptions or Customer actions, omission or equipment.
Comcast’s liability for any Service Interruption (individually or collectively, “Liability”), shall be limited to the amounts set forth in the Tables below. For the purposes of calculating credit for any such Liability, the Liability period begins when the Customer reports to Comcast an interruption in the portion of the Service, provided that the Liability is reported by Customer during the duration of the Liability, and, a trouble ticket is opened; the Liability shall be deemed resolved upon closing of the same trouble ticket or the termination of the interruption, if sooner, less any time Comcast is awaiting additional information or premises testing from the Customer. In no event shall the total amount of credit issued to Customer’s account on a per-month basis exceed 50% of the total monthly recurring charge (“MRC”) associated with the impacted portion of the Service set forth in the Sales Order. Service Interruptions will not be aggregated for purposes of determining credit allowances. To qualify, Customer must request the Credit from Comcast within thirty (30) days of the interruption. Customer will not be entitled to any additional credits for Service Interruptions. Comcast shall not be liable for any Liability caused by force majeure events, Planned Service Interruptions or Customer actions, omission or equipment.
TABLE 1: SLA for Services provided over On-Net Fiber (99.99% Availability)
TABLE 2: SLA for Services provided over On-Net HFC (99.9% Availability)
THE TOTAL CREDIT ALLOWANCES PER MONTH IS CAPPED AT 50% of THAT MONTH’S MRC FOR THE INTERRUPTED PORTIONS OF SERVICE. SEPARATELY OCCURING SERVICE INTERRUPTIONS ARE NOT AGGREGATED FOR THE PURPOSES OF DETERMINING CREDIT ALLOWANCES.
Service Monitoring, Technical Support and Maintenance
1. Network Monitoring. Comcast monitors Services on a 24x7x365 basis.
2. Technical Support. Comcast provides a toll-free trouble reporting telephone number to the Enterprise Technical Support (ETS) center that operates on a 24x7x365 basis. Comcast provides technical support for service related inquiries. Technical support will not offer consulting or advice on issues relating to CPE or other equipment not provided by Comcast.
a. Escalation. Reported troubles are escalated within the Comcast Business Services Network Operations Center (BNOC) to meet the response/restoration interval described below (Response and Restoration Standards). Service issues are escalated within the Comcast BNOC as follows: to a Supervisor at the end of the applicable time interval plus one (1) hour; to a Manager at the end of the applicable time interval plus two (2) hours, and to a Director at the end of the applicable time interval plus four (4) hours.
b. Maintenance. Comcast’s standard maintenance window for Services is Sunday to Saturday from 12:00am to 6:00am local time. Scheduled maintenance for Services is performed during the maintenance window and will be coordinated between Comcast and the Customer. Comcast provides a minimum forty eight (48) hour notice for non-service impacting maintenance. Comcast provides a minimum of seven (7) days’ notice for Service impacting planned maintenance. Emergency maintenance is performed as needed without advance notice to Customer. Maintenance for Off-Net Services shall be performed in accordance with the applicable third party service provider rules. Therefore, Off-Net Service may be performed without advance notice to Customer.
3. Comcast provides certain Comcast Equipment for provisioning its services and the delivery of the UNI, which will reside on the Customer-side of the Demarcation Point. Comcast will retain ownership and management responsibility for this Comcast Equipment. This Comcast Equipment must only be used for delivering Services. Customers are required to shape their egress traffic to the Committed Information Rate (“CIR”) identified in the Sales Order. Comcast will be excused from paying SLA credits if the Service Interruption is the result of Customer’s failure to shape their traffic to the contracted CIR or utilizing Comcast Equipment for non-Comcast provided services.
“Performance Standards” are set forth in Schedule A-1 to the Product-Specific Attachment for Ethernet Service.
Response and Restoration Standards
Comcast has the following response and restoration objectives:
Customer shall bear any expense incurred, e.g., dispatch/labor costs, where a Service Interruption is found to be the fault of Customer, its end users, agents, representatives or third-party suppliers.
The parties agree that if either party hereto, in its reasonable sole discretion, determines that an emergency action is necessary to protect its own network, the party may, after engaging in reasonable and good faith efforts to notify the other party of the need to block, block any transmission path over its network by the other party where transmissions do not meet material standard industry requirements. The parties further agree that none of their respective obligations to one another under the Agreement will be affected by any such blockage except that the party affected by such blockage will be relieved of all obligations to make payments for charges relating to the circuit(s) which is so blocked and that no party will have any obligation to the other party for any claim, judgment or liability resulting from such blockage.
All claims and rights arising under this Service Level Agreement must be exercised by Customer in writing within thirty (30) days of the event that gave rise to the claim or right. The Customer must submit the following information to the Customer’s Comcast account representative with any and all claims for credit allowances: (a) Organization name; (b) Customer account number; and (c) basis of credit allowance claim (including date and time, if applicable). Comcast will acknowledge and review all claims promptly and will inform the Customer by electronic mail or other correspondence whether a credit allowance will be issued or the claim rejected, with the reasons specified for the rejection.
Exceptions to Credit Allowances
A Service Interruption shall not qualify for the remedies set forth herein if such Service Interruption is related to, associated with, or caused by: scheduled maintenance events; Customer actions or inactions; Customer-provided power or equipment; any third party not contracted through Comcast, including, without limitation, Customer’s users, third-party network providers, any power, equipment or services provided by third parties; or an event of force majeure as defined in the Agreement.
The remedies set forth in this Service Level Agreement shall be Customer’s sole and exclusive remedies for any Service Interruption, outage, unavailability, delay, or other degradation, or any Comcast failure to meet the service objectives.
PERFORMANCE SERVICE LEVEL AGREEMENT
COMCAST INTRASTATE ETHERNET TRANSPORT SERVICES
Intrastate Ethernet Transport Version 1.14
Comcast Ethernet Transport Services are available both within and between major metropolitan areas throughout the United States. The performance objectives associated with traffic flows between any two customer sites are dependent upon the locations of respective A and Z sites.
1. Access. If A and Z sites reside within the same Market, Performance Tier 1 objectives will apply. If the sites are in different markets, another Performance Tier will apply. Applicable Performance Tier will appear on/with respective Comcast Sales Order Form.
1. Performance Measurement
Comcast collects continuous in-band performance measurements for its Ethernet Transport Services. All latency, Jitter and Packet Loss Performance Metrics are based upon sample one-way measurements taken during a calendar month.
2. Performance Tier 1 (PT1) Objectives – Within Market
3. Performance Tier 2 (PT2) Objectives
4. Performance Tier 3 (PT3) Objectives
5. Performance Tier 4 (PT4) Objectives
6. Best Effort
If Comcast is not able to commit to achieving PT4 metrics between any particular A and Z Service Locations, Services will be provided on a Best Effort basis. Therefore, no performance commitments will apply. Best Effort Performance Tier will appear on/with respective Comcast Sales Order Form.
Service Level Agreement (SLA)
Comcast’s liability for any Degradation of Service (individually or collectively, “Performance Liability”), shall be limited to 5% of customer’s total MRC during applicable billing period. For the purposes of determining credit for any such Liability, the Liability period begins when the Customer reports to Comcast an degradation of service in the portion of the Service, provided that the Liability is reported by Customer during the duration of the Liability, and, a trouble ticket is opened; the Liability shall be deemed resolved upon closing of the same trouble ticket or the termination of the interruption, if sooner, less any time Company is awaiting additional information or premises testing from the Customer. In no event shall the total amount of credit issued to Customer’s account on a per-month basis exceed 50% of the total monthly recurring charge (“MRC”) associated with the impacted portion of the Service set forth in the Sales Order. Service Interruptions will not be aggregated for purposes of determining credit allowances. To qualify, Customer must request the Credit from Comcast within thirty (30) days of the interruption. Customer will not be entitled to any additional credits for Service Interruptions. Comcast shall not be liable for any Liability caused by force majeure events, Planned Service Interruptions or Customer actions, omission or equipment.