Fixed Wireless Service Level Agreements (SLA)
ENTERPRISE SERVICES ONLY
I. SERVICE LEVEL AGREEMENT
unWired Broadband, Inc. (UBI) measures Availability, Packet Loss and Latency between UBI’s Network Monitor in UBI’s Network Operations Center (NOC) and the UBI-installed equipment at the customer’s premises 24/7/365. All credit requests will be based on reports from UBI’s Network Monitor. These reports are available upon request – Monitoring data is stored on our servers for 30 days. Packet Loss and Latency are determined by averaging test packet measurements taken every 2 minutes over any given 8-hour period. All Service Level Agreement credit requests must be made within 7 business days of any given performance failure. Maximum credits combined will not exceed 100% of the Monthly Recurring Rate per calendar month billing cycle.
A. Availability
UBI Enterprise Services will be available at least 99.99% of the time in a calendar month (not including schedule and emergency maintenance activities). Upon Customer’s request, UBI will issue credits for each Service Outage, and such credits shall be calculated by multiplying the percentage specified in the table below by the Monthly Recurring Rate (MRR) of the underperforming Service.
Service Outage Credits
|
Duration of Service Outage |
Percentage Credit |
1 minute to 5 minutes |
No Credit |
5 minutes to 10 hours |
5% of the MRR |
10 hours to 20 hours |
10% of the MRR |
20 hours to 30 hours |
15% of the MRR |
30 hours to 40 hours |
20% of the MRR |
40 hours to 50 hours |
25% of the MRR |
50 hours or greater |
50% of the MRR |
B. Network Latency
Upon Customer’s request, UBI will issue credits for UBI’s failure to meet the Network Latency metrics specified below if the failure is service impacting to the Customer. Such credits will be calculated by multiplying the percentage specified in the table below by the MRR for the underperforming Service. The credits specified below are not cumulative and, for any calendar month, Customer is only entitled to one credit specified in the table below.
Network Latency Credits
|
|
Average Latency over 8-hour period |
45.00 millisecond (ms) or less |
No Credit |
45.01 to 50.00 ms |
10% |
50.01 to 60.00 ms |
15% |
60.01 to 65.00 ms |
20% |
65.01 to 70.00 ms |
30% |
70.01 to 75.00 ms |
40% |
75.01 ms or greater |
50% |
C. Packet Loss
Upon Customer’s request, UBI will issue credits for UBI’s failure to meet Packet Loss metrics in the table below if such failure is service impacting to the Customer. Such credits will be calculated by multiplying the percentage specified in the table by the MRR for the underperforming Services. The credits specified below are not cumulative Customer shall only be entitled to one credit per calendar month.
Packet Loss Credits
|
|
Average Packet Loss over 8-hour period |
0 – 1% |
No Credit |
1% – 2% |
10% |
2% – 3% |
20% |
3% – 4% |
30% |
4% – 5% |
40% |
5% and greater |
50% |
D. Response Time
In the event of an issue with the service resulting in Network unavailability, UBI will make its best commercially reasonable efforts to repair the service to working condition within 5 hours of the outage being reported and a trouble ticket opened.
Service Response Time
|
During Standard Operating Hours |
Response Time |
Telephone/Email Support |
Up to 2 Hours |
Onsite Response |
Up to 4 Hours |
Outside of Standard Operating Hours |
Response Time |
Telephone/Email Support |
Up to 4 Hours |
Onsite Response |
Up to 8 Hours |
ON-NET
Service Level Agreement and Service Descriptions
Ethernet Services
I. ETHERNET SERVICES – TECHNOLOGY Ethernet Services utilize Ethernet technology to transport data and are offered with the following Ethernet ports: (1) 10/100 Mbps Ethernet port where (a) the 10 Mbps Ethernet service provides a physical IEEE-compliant (IEE 802.3) 10Base-T (twisted pair), RJ-45 interface to the customer (transmission speed is available at a maximum of 10 Mbps which is equal to the line rate of the 10Base-T interfaces); and (b) the 100 Mbps Ethernet (Fast Ethernet) service provides a physical IEEE-compliant 100Base-TX (twisted pair) RJ-45 interface to the customer (transmission speed is available at a maximum of 100 Mbps, which is equal to line rate of the 100Base-TX interface); (2) 1000 Mbps Ethernet port – Gigabit Ethernet where the 1000 Mbps Ethernet (Gigabit Ethernet) service provides an IEEE-compliant physical interface of either 1000Base-SX (multimode fiber), or 1000Base-LX (single mode fiber) interface to the customer; and (3) 10000 Mbps Ethernet port – 10 Gigabit Ethernet where the 10000 Mbps Ethernet (10Gigabit Ethernet) service provides and IEEE-compliant physical interface of either 10GBase-SR (multimode fiber), or 10GBase-LR (single mode fiber) interface to the customer.
II. SERVICE DESCRIPTIONS
A. E-Line Services
E-Line is a point-to-point Layer 2 Ethernet service between any two IEEE-compliant User Network Interfaces (“UNIs”). These UNIs may be connected with other IEEE-compliant UNIs at a variety of speed intervals, regardless of the platform or device that enables them.
The E-Line service is comprised of a UNI at each site combined with Ethernet Virtual Connections (“EVC”) between UNIs that create a point-to-point or hub and spoke network topology. Each UNI and EVC is priced separately. E-Line may be ordered as: (a) a port-based private line with limited but dedicated line rate speeds (a/k/a/ Ethernet Private Line or “EPL,” which is available with a protected or unprotected configuration); (b) a transparent oversubscribed service between two UNIs (a/k/a Ethernet Virtual Private Line or “EVPL,” which is only available in a protected configuration); or (c) a multiplexed VLAN-based solution with dedicated or shared EVCs that span between UNIs, and is available at a variety of speed intervals (this service also may be referred to as EVPL, which is only available in a protected configuration).
The multiplexed E-Line service provisioned with three or more locations is commonly referred to a point to multipoint or because of its architecture, may be referred to as “VLAN-based” point-to-point. The multiplexed E-Line service utilizes a “hub and spoke” topology, where several VLAN-based services (the “spokes”) aggregate into a single multiplex UNI or NNI (the “hub”). The UNI or NNI is available as a 100M, 1G, or 10G Ethernet port and may be ordered as a transparent or multiplexed interface. EVCs are available in shared or dedicated bandwidth increments from 2Mbps to 10Gbps. The UNI conforms to MEF standards, and the terminology and configurable options associated with the multiplexed E-Line Services typically follow MEF standards.
III. SERVICE CLASSIFICATIONS
A. E-Line Services – Dedicated or Shared Bandwidth
Customer may order E-Line with either dedicated or shared bandwidth. For the Network Latency, Packet Delivery and Network Jitter service level metrics in Sections IV (B), (C) and (D) below, E-Line Services with dedicated bandwidth are classified under the remedy tables as “Realtime” services; and those with shared bandwidth are classified as “Best Effort” services. For the Availability service level metric in Section IV (A) below, the classification for E-Line service is based on whether it was ordered in a Protected or an unprotected configuration.
IV. SERVICE LEVEL AGREEMENT
A. Availability
Protected E-Line Services. These services will be available at least 99.999% of the time in a calendar month. The Service is unavailable during any period of time that it experiences a Service Outage. Upon Customer’s request, unWired will issue credits for each Service Outage, and such credits shall be calculated by multiplying the percentage specified in the table below by the MRC of the non-performing Service.
Duration of Service Outage Percentage Credit
1 minute up to 4 hours No Credit
4 hours up to 8 hours 5% of the MRC
8 hours up to 12 hours 10% of the MRC
12 hours up to 16 hours 15% of the MRC
16 hours up to 24 hours 20% of the MRC
24 hours up to 48 hours 25% of the MRC
48 hours or greater 50% of the MRC
B. Network Latency – Continental United States and Hawaii
unWired measures “Network Latency” with respect to average round-trip transmission on its Network each calendar month. Upon Customer’s request, unWired will issue credits for unWired’s failure to meet the Network Latency metrics specified below if the failure is service impacting to the Customer. Such credits will be calculated by multiplying the percentage specified in the table below by the MRC for the non-performing Service. The credits specified below are not cumulative and, for any calendar month, Customer is only entitled to one credit specified in the table below based on the highest affected contracted-for CoS level for the non-performing Service.
Network Latency
Classification Designation – Percentage Credits
Continental United States Hawaii Realtime (Dedicated Bandwidth) Best Effort (Shared Bandwidth) & Basic Services
45.00 millisecond (“ms”) or less 75.00 ms or less No Credit No Credit
45.01 to 50.00 ms 75.01 to 80.00 ms 10% No Credit
50.01 to 60.00 ms 80.01 to 90.00 ms 15% No Credit
60.01 to 65.00 ms 90.01 to 95.00 ms 20% No Credit
65.01 to 70.00 ms 95.01 to 100.00 ms 30% No Credit
70.01 to 75.00 ms 100.01 to 105.00 40% No Credit
75.01 ms or greater 105.01 or greater 50% 10%
C. Packet Delivery
unWired measures packet delivery on its Network on a monthly basis. Packet Delivery is determined by averaging sample measurements taken each calendar month between unWired’s designated POPs. Upon Customer’s request, unWired will issue credits for unWired’s failure to meet Packet Delivery metrics specified in the table below if such failure is service impacting to the Customer. Such credits will be calculated by multiplying the percentage specified in the table by the MRC for the non-performing Services. The credits specified below are not cumulative and, for any calendar month, Customer shall only be entitled to one credit specified in the table below based on the highest affected contracted-for CoS level for the non-performing Service.
Packet Delivery
Classification Designation – Percentage Credits
Within Continental U.S. and from Continental U.S. to Hawaii Realtime (Dedicated Bandwidth) Best Effort (Shared Bandwidth) & Basic Services
99.9% or greater No Credit No Credit
99.5% to 99.8% 10% No Credit
99% to 99.4% 20% No Credit
98% to 98.9% 30% No Credit
97% to 97.9% 40% No Credit
Less than 97% 50% 10%
D. Network Jitter – Continental United States and Hawaii
unWired’s Network Jitter metric only applies to Services for which the Customer has selected either the Realtime or Interactive CoS. “Network Jitter” means the average variation in delay for packet transfers between unWired’s designated points of presence (“POPs”) during a calendar month, as further described below in the section titles “Measurements.” Upon Customer’s request, unWired will issue credits for unWired’s failure to meet the Network Jitter metrics specified in the table below if the failure is service impacting to the Customer. Credits will be calculated by multiplying the percentage specified in the tables by the MRC for the non-performing Service. The credits specified below are not cumulative and, for any calendar month, Customer shall only be entitled to one credit specified in the table below based on the highest affected contracted-for CoS level for the non-performing Service.
Network Jitter (one way)
Classification Designation – Percentage Credits
Continental United States Hawaii Realtime (Dedicated Bandwidth) Best Effort (Shared Bandwidth) & Basic Services
1 ms or less 1 ms or less No Credit No Credit
1.1 ms to 2.0 ms 1.1 ms to 2.0 ms 5% No Credit
2.1 ms to 4.0 ms 2.1 ms to 4.0 ms 10% No Credit
4.1 ms to 5.0 ms 4.1 ms to 5.0 ms 15% No Credit
5.1 ms to 6.5 ms 5.1 ms to 6.5 ms 20% No Credit
6.6 ms to 7.5 ms 6.6 ms to 7.5 ms 30% No Credit
7.6 ms to 10.0 ms 7.6 ms to 10.0 ms 40% No Credit
10.1 ms or greater 10.1 ms or greater 50% 10%
E. Measurements All latency, packet delivery and jitter measurements are measured by averaging sample measurements taken during the calendar month. For Services provided within the continental United States, measurements are taken at unWired’s POPs in the continental United States; for Services provided in Hawaii, between unWired’s POPs in Honolulu, HI and unWired’s POPs on the west coast of the continental United States. Performance metrics are available at unWired’s online customer portal at www.unwiredbb.com or upon Customer’s request.
V. ENHANCED MANAGEMENT SERVICES DESCRIPTIONS AND SLAS – E-LINE ORDERED WITH CoS (DOMESTIC ONLY)
Enhanced Management provides Customer with the ability to track the performance of E-Line services (that are ordered with CoS) through the “My Service” portion of unWired’s website portal. The portal provides Customer with visibility to Frame Delay (Latency), Frame Delivery (Packet Delivery) and Frame Delay Variation (Jitter) performance metrics between the service location and unWired’s nearest POP, and also between the two unWired POPs associated with the services. Enhance Management also includes interactive network performance management functionality (collectively “Thresholds and Alerts”). Thresholds and Alerts is accessible via MyService and allows Customer to select performance/utilization thresholds and notification parameters based on the reported data that can be utilized for purposes of network planning, resource optimization and troubleshooting. THRESHOLDS AND ALERTS ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY. The Service Order for the E-Line (that is ordered with CoS) service will include a separate line item for the Enhanced Management feature if ordered by Customer. unWired provides an Enhanced Management SLA that entitles Customer to credits if unWired fails to meet the Frame Daly, Frame Delivery and Frame Delay Variation metrics described below (“Enhanced Management SLA”), but is not available for all service locations. If the E-Line services are being provided to a location where the Enhanced Management SLA is available, and Customer orders to those services. Enhanced Management SLA credits are issued in addition to other credits that Customer may be eligible for under Section IV above.
For the Frame Delay, Frame Delivery and Frame Delay Variation service level metrics in Section V (A), (B) and (C) below, E-Line Service (for which CoS is not available) is classified under the remedy tables as “Best Effort” services. unWired’s failure to meet any of the Frame Delay, Frame Delivery and/or Frame Delay Variation standards contained in the Enhanced SLA shall not constitute a “Service Outage” for purposed of the applicable SLA or the Agreement. Credits are only issued if requested by Customer, and such requests must be submitted to unWired within thirty (30) days of the end of the calendar month in which unWired failed to meet the applicable metric.
A. Enhanced Frame Delay (Latency)
unWired measures Frame Delay with respect to average round-trip transmission each month between unWired’s CPE located at Customer’s premises and unWired’s nearest POP (“Site to POP Frame Delay (Latency)”) and with respect to average round-trip transmission between any two unWired POPs associated with Customer’s Enhanced E-Line Services (“POP to POP Frame Delay (Latency)”). Upon Customer’s request, unWired will issue credits for unWired’s failure to meet such Frame Delay metrics specified in the tables below in any calendar month, and such credits will be equal to five percent (5%) of the monthly recurring Service fee for the applicable non-performing Enhanced E-Line or Enterprise SNLAN Service site.
Enhanced Site to POP Frame Delay (Latency)*
Enhanced Management: E-Line Service
Realtime (Dedicated Bandwidth) Best Effort (no CoS)
20 ms 25 ms
For Bandwidth from 16Mbps and Above (Round Trip)
9 ms 13 ms
Enhanced POP to POP Frame Delay (Latency) (Round Trip)*
Enhanced Management: POP to POP Service Standard
Realtime (Dedicated Bandwidth) Best Effort (no CoS)
Value in Table * Value in Table + 5 ms
“Table” refers to the POP to POP Frame Delay (Latency) table contained in Appendix 1 for E-Line Services.
B. Enhanced Frame Delivery (Packet Delivery)
unWired measures Frame Delivery as an average each month between unWired’s CPE located at Customer’s premises and unWired’s nearest POP (“Site to POP Frame Delivery (Packet Delivery)”) and between any two unWired POPs associated with Customer’s Enhanced E-Line Services (“POP to POP Frame Delivery (Packet Delivery)”). Upon Customer’s request, unWired will issue credits for unWired’s failure to meet such Frame Delivery metrics specified in the tables below in any calendar month, and such credits will be equal to five percent (5%) of the monthly recurring Service fee for the applicable non-performing Enhanced E-Line Service site.
Enhanced Site to POP Frame Delivery (Packet Delivery)*
Enhanced Management: E-Line Service
Realtime (Dedicated Bandwidth) Best Effort (no CoS)
99.9% 99.5%
For Bandwidth from 16Mbps and Above (Round Trip)
99.95% 99.55%
Enhanced POP to POP Frame Delivery (Packet Delivery) (Round Trip)*
Enhanced Management: E-Line Service
Realtime (Dedicated Bandwidth) Best Effort (no CoS)
99.95% 99.55%
C. Enhanced Frame Delay Variation (Jitter)
Frame Delay Variation is the average variation in delay for packet transfers during each calendar month between unWired’s CPE located at Customer’s premises and unWired’s nearest POP (“Site to POP Frame Delay Variation (Jitter)”) and between any two unWired POPs associated with Customer’s Enhanced E-Line Services (“POP to POP Frame Delay Variation (Jitter)”). For Enhanced E-Line Services, Frame Delay Variation only applies to Best Effort. Upon Customer’s request , unWired will issue credits for unWired’s failure to meet the Site to POP Frame Delay Variation (Jitter) or the POP to POP Frame Delay Variation (Jitter) metrics specified in the tables below in any calendar month, and such credits will be equal to five percent (5%) of the monthly recurring Service fee for the applicable non-performing Enhanced E-Line Service site.
Enhanced Site to POP Frame Delay Variation (Jitter)*
Enhanced Management: E-Line Service
Realtime (Dedicated Bandwidth) Best Effort (no CoS)
3 ms 5 ms
For Bandwidth from 16Mbps and Above (Round Trip)
2 ms 4 ms
Enhanced Site to POP Frame Delay Variation (Jitter)(One Way)*
Enhanced Management: POP to POP Service Standard
Realtime (Dedicated Bandwidth) Best Effort (no CoS)
2 ms 5 ms
D. Measurement of Enhanced Frame Delay (Latency), Frame Delivery (Packet Delivery) and Frame Delay Variation (Jitter)
The measurement of Frame Delay, Frame Delivery and Frame Delay Variation excludes the duration of Service Outages, scheduled or emergency maintenance, outages of unWired’s data collection engine, performance issues caused by Customer’s equipment or the acts or omissions of Customer or its end users, and fiber cuts caused by third parties or Customer failures to release applicable Enhanced E-Line Services to unWired for testing. For circuits with Bandwidths of 15 Mbps or lower, the measurement of such Frame Delay, Frame Delivery and Frame Delay Variation metrics also excludes any time period that Customer’s total bandwidth utilization or bandwidth utilization by CoS exceeds seventy percent (70%) of the applicable contracted bandwidth. The Enhanced SLA shall not apply to any site for any calendar month if unWired’s measurement of Frame Delay, Frame Delivery and Frame Delay Variation does not include at least twenty five percent (25%) of the duration of any calendar month. Credits provided for the applicable metric are not cumulative and, in any calendar month, Customer shall only be entitled to one credit per metric per Enhanced E-Line Service site. All measurements are based on the average of the metrics for that calendar month.
For E-Line EPL Services, the actual traffic path may be configured differently than unWired’s Enhanced POP to POP calculations. For such E-Line EPL Services, the applicable Enhanced SLA metrics as well as the metrics provided in My Service will be calculated in accordance with the path of unWired’s E-Line backbone and not the actual traffic path.