Digital Network Access Communications Inc. d/b/a DNA Communications (“DNA”) is a Competitive Local Exchange Carrier (“CLEC”) certificated in the State of Illinois and provides certain telecommunications services subject to applicable federal, state, and local telecommunications laws and regulations, including requirements administered by the Federal Communications Commission (“FCC”) and the Illinois Commerce Commission (“ICC”).
These Telecom & Voice Disclosures (“Disclosures”) apply to all business, enterprise, and wholesale voice and telecommunications services provided by DNA, including but not limited to:
These Disclosures do not apply to residential voice services, which are governed by separate residential terms and consumer disclosures.
DNA offers regulated voice and telecommunications services pursuant to written service offerings posted on DNA’s website in accordance with 220 ILCS 5/13-501(c) and 5/13-503. Those written service offerings, together with applicable customer agreements and law, govern the provision and use of DNA’s regulated services. DNA’s current terms and conditions are available at dnacom.com.
These Disclosures are incorporated by reference into all applicable customer agreements, including Master Services Agreements, applicable Service Schedules, and Service Orders. In the event of a conflict, the applicable Master Services Agreement or Service Schedule governs over these Disclosures.
As a CLEC, DNA relies on interconnecting carriers, incumbent local exchange carriers (“ILECs”), transport providers, Internet service providers, and other third-party networks and facilities to deliver voice services. DNA does not own or control all infrastructure used to provide telecommunications services.
Availability, quality, and continuity of service may be affected by, including but not limited to:
Because of these dependencies, DNA does not and cannot guarantee uninterrupted or error-free voice service. Disruptions attributable to third-party networks or facilities are outside DNA’s control and shall not constitute a breach of contract.
Where voice or telecommunications services are delivered from or through specific DNA facilities, the applicable Facility Schedule may describe additional upstream infrastructure dependencies and related limitations specific to those facilities. In the event of a conflict, the applicable Facility Schedule governs over these Disclosures with respect to those facility-specific dependencies.
Voice and telecommunications services are provided on a commercially reasonable, best-efforts basis, unless expressly stated otherwise in a written Service Order that incorporates an applicable SLA Schedule.
DNA does not guarantee continuous availability, specific call quality metrics, or uninterrupted service unless expressly set forth in a written, executed SLA Schedule incorporated into a Service Order. Even where service level commitments are provided, those commitments remain subject to the technical and regulatory limitations described in these Disclosures.
Interruptions, delays, packet loss, latency, jitter, or degradation may occur and do not constitute a breach of contract unless expressly stated otherwise in writing. Service credits, if applicable, are the sole and exclusive remedy for any failure to meet an express service level commitment, as set forth in the applicable SLA Schedule. DNA’s current general Service Level Agreement is published at www.dnacom.com/service-level-agreement and applies where expressly incorporated into a Service Order.
The emergency services provisions of this Section 4 apply differently depending on the type of voice service Customer receives and whether DNA or Customer manages the telephone platform.
Individual Lines. Voice services delivered as individual lines — where each telephone number corresponds to a single line and endpoint — are not Multi-Line Telephone Systems (“MLTS”) within the meaning of 47 U.S.C. §§ 623 and 1471 and 47 C.F.R. Part 9. The MLTS-specific requirements of Kari’s Law and the RAY BAUM’S Act (Sections 4.3 and 4.4) do not apply to such services. Sections 4.2 and 4.5 apply to all voice services.
UCaaS and DNA-Managed Hosted PBX. Where DNA provides Unified Communications as a Service (“UCaaS”) or Hosted PBX services and manages the telephone platform on Customer’s behalf, DNA is acting as the installer, manager, and operator of an MLTS within the meaning of 47 U.S.C. § 623, 47 U.S.C. § 1471, and 47 C.F.R. § 9.16. Section 4.3 describes DNA’s platform-level compliance obligations and Customer’s corresponding responsibilities.
SIP Trunking to Customer-Managed Systems. Where DNA provides SIP trunking and Customer connects and manages its own PBX or telephone system, Customer is the MLTS installer, manager, and operator. Customer is solely responsible for Kari’s Law and RAY BAUM’S Act compliance on its own system as described in Section 4.4. DNA’s role is limited to providing E911 connectivity and registering static address data with the upstream emergency services provider based on information Customer provides.
DNA’s E911 service is Static E911 — emergency calls are routed to the service address registered with DNA, not to the caller’s actual physical location. If a softphone, mobile UC client, or any other VoIP endpoint is used from a location other than the registered service address, 911 will be routed to the wrong PSAP and emergency responders will be dispatched to the wrong location. Customer must notify DNA and update the registered E911 address before relocating any endpoint. This warning applies to all service types described in this Section 4.
DNA provides Static Enhanced 911 (“Static E911”) in connection with all voice services in accordance with applicable FCC E911 requirements, including the interconnected VoIP E911 obligations of 47 C.F.R. § 9.11. Static E911 routes emergency calls to the Public Safety Answering Point (“PSAP”) using a fixed service address registered by DNA with its upstream emergency services provider. Dynamic location routing — which would transmit real-time location updates for non-mobile VoIP services — is not currently available through DNA’s upstream E911 routing provider. Emergency calls will be routed to the registered address on file regardless of the caller’s actual location at the time of the call.
Static E911 may be unavailable or may not function properly due to, including but not limited to:
Because Static E911 routes calls to the registered address on file, emergency responders will be dispatched to that address. If the registered address is incorrect, incomplete, or has not been updated following a change in location, emergency responders may be dispatched to the wrong location or not dispatched at all.
Customer acknowledges that E911 functionality is subject to the technical, power, Internet connectivity, third-party routing, and registered-location limitations described in this Section 4, and that DNA’s voice services are not a replacement for traditional landline telephone service.
Where DNA installs, manages, or operates a hosted telephone platform on Customer’s behalf, DNA will configure the platform to satisfy the following obligations under 47 U.S.C. § 623, 47 U.S.C. § 1471, 47 C.F.R. §§ 9.3 and 9.16, and, where applicable, 47 C.F.R. § 9.11:
Direct 911 dialing. DNA will configure the platform so that users may directly initiate a call to 911 from any station equipped with dialing facilities, without dialing any additional digit, code, prefix, or post-fix.
On-site notification. DNA will configure the platform to send a notification contemporaneously with any 911 call to a recipient designated by Customer, where the platform supports such notification without hardware or software improvement. Notification may be delivered by email, automated phone call, or SIP message to compatible endpoints. DNA cannot configure or deliver notification if Customer has not designated a valid recipient before service activation. Customer is solely responsible for ensuring a designated recipient is reachable and positioned to respond to emergencies.
Dispatchable location. DNA will register each service location with its upstream emergency services provider using address information supplied by Customer. To satisfy RAY BAUM’S Act dispatchable location requirements, Customer must provide a complete dispatchable location for each service address — including validated street address and, where applicable, suite, floor, room, or other identifying information sufficient for first responders to locate the caller within a building. DNA will register only the location information Customer provides and is not responsible for inaccurate or incomplete dispatchable location resulting from Customer’s failure to provide it.
Customer is responsible for the following in connection with DNA-managed platforms:
Where Customer connects its own PBX, key system, or other telephone system to DNA’s SIP trunking service, Customer is the MLTS installer, manager, and operator within the meaning of 47 U.S.C. § 623, 47 U.S.C. § 1471, and 47 C.F.R. § 9.16. Customer is solely responsible for ensuring its system complies with all applicable Kari’s Law and RAY BAUM’S Act requirements, including:
DNA’s obligation in SIP trunking configurations is limited to providing E911 connectivity to the upstream emergency services provider and registering the static address data Customer provides. DNA is not responsible for Kari’s Law or RAY BAUM’S Act compliance on Customer’s telephone system. Dynamic Location Routing (DLR) is not supported for SIP trunk configurations regardless of platform.
By activating voice services with DNA, Customer acknowledges that it has been informed of the E911 limitations described in this Section 4 and accepts responsibility for the applicable obligations set forth herein.
Customer is responsible for ensuring that warning labels or other appropriate notices are placed on or near all calling endpoints used with DNA voice services — including desk phones, analog telephone adapters, and softphone devices — advising end users that:
Customer is responsible for ensuring that all end users who may place calls through DNA’s voice services are informed of these limitations before use.
Voice services require electrical power and active network connectivity at the Customer’s premises and at all points in the delivery path. In the event of a power outage, voice services will not function unless Customer has implemented and maintains adequate backup power systems, such as battery backup units or generators.
DNA does not provide or maintain backup power for Customer premises equipment unless expressly stated in a written Service Order. Customers with critical power requirements should implement independent solutions appropriate for their environment.
DNA is not responsible for service degradation, call quality issues, or service outages caused by:
Customer is responsible for ensuring that its network environment is compatible with DNA’s voice services and for maintaining its equipment in good working order.
Voice services are not designed, tested, certified, or intended to support applications where service interruption could result in personal injury, death, property damage, or other critical consequences. Without limiting the foregoing, DNA voice services are not suitable as the sole communications path for:
Customer agrees not to rely on DNA voice services as the sole or primary communications mechanism for such purposes unless DNA has expressly confirmed in writing that the specific service ordered is appropriate for such use.
Call quality, including clarity, latency, and reliability, may be affected by factors including bandwidth availability, network congestion, packet loss, jitter, codec selection, and the performance of third-party networks. DNA does not guarantee specific call quality metrics unless expressly set forth in a written Service Order incorporating an SLA Schedule.
Voice services delivered over broadband Internet connections are subject to the inherent variability of Internet performance and may not achieve the same quality characteristics as traditional circuit-switched voice services.
DNA performs operational monitoring of voice call signaling, metadata, and network traffic as a routine function of operating its telecommunications network. This monitoring is conducted solely for the purposes of:
Operational monitoring is limited to traffic metadata, signaling data, and network performance indicators. Call content is neither recorded nor inspected by DNA’s operational monitoring systems. DNA uses commercially available voice platform monitoring tools as part of its normal network operations.
To the extent call detail records, signaling data, or other traffic metadata collected through operational monitoring constitutes Customer Proprietary Network Information (“CPNI”) as defined by 47 U.S.C. § 222, DNA treats such information as CPNI and uses it only as permitted by applicable law. See Section 12 for DNA’s CPNI commitments.
DNA does not use operational monitoring data to profile customers for advertising or to disclose information to third parties except as required by law or as described in these Disclosures.
Customer is responsible for ensuring that its users and end users are informed of any applicable consent or notice requirements under federal or state law in connection with the use of DNA’s voice services, including requirements related to call recording, monitoring, and interception.
In addition to the rates specified for voice and telecommunications services, Customer is responsible for all applicable federal, state, and local taxes, surcharges, and regulatory fees assessed on or in connection with those services. These may include, without limitation:
Taxes and surcharges are in addition to quoted service rates and may change without notice as a result of changes in applicable law, regulatory requirements, or DNA’s cost of compliance. DNA uses automated telecommunications tax calculation systems to determine applicable taxes and surcharges, which are updated as required by regulatory changes. DNA will pass through such changes to Customer as required.
Customers with tax-exempt status must provide DNA with a valid and current exemption certificate prior to invoicing. Exemptions will not apply retroactively.
As a CLEC, DNA is subject to federal requirements governing illegal robocall prevention, call authentication, and traceback investigations.
Customer is required to cooperate fully and promptly with any traceback investigation initiated to identify the source of illegal, fraudulent, or unlawful calls transmitted through DNA’s network, including investigations initiated by the FCC, industry traceback consortia, or law enforcement. Failure to cooperate may result in suspension or termination of voice services.
DNA complies with applicable STIR/SHAKEN call authentication framework requirements as mandated by the FCC. DNA maintains an active registration in the FCC Robocall Mitigation Database as required by applicable FCC rules, operates a robocall mitigation program, and will respond within required timeframes — including the FCC-required 24-hour commitment where applicable — to traceback requests from the FCC, law enforcement, and the industry traceback consortium.
DNA does not guarantee the authentication status of calls originating from or passing through third-party networks. Customer shall not use DNA’s services to originate, transmit, or facilitate illegal robocalls, spoofed calls, or any calls that violate the Telephone Consumer Protection Act (47 U.S.C. § 227; 47 C.F.R. § 64.1200) or the Truth in Caller ID Act (47 U.S.C. § 227(e); 47 C.F.R. § 64.1604).
Customer is responsible for ensuring that calls it originates comply with all applicable robocall, telemarketing, anti-spoofing, caller ID, and consent requirements. If Customer itself acts as a voice service provider, gateway provider, intermediate provider, reseller, or other regulated provider, Customer is solely responsible for its own provider-level robocall mitigation obligations under applicable FCC rules.
DNA reserves the right to immediately suspend voice services upon credible evidence of illegal call traffic originating from Customer’s account, without prior notice, and to report such activity to applicable regulatory or law enforcement authorities.
As a CLEC, DNA collects and may use Customer Proprietary Network Information (“CPNI”) as defined by and in compliance with the Communications Act and applicable FCC regulations, 47 U.S.C. § 222 and 47 C.F.R. Part 64, Subpart U.
CPNI includes information related to the quantity, technical configuration, type, destination, location, and amount of use of telecommunications services that DNA provides to Customer, together with related billing information.
DNA uses CPNI as permitted by law, including:
DNA does not sell, share, or use CPNI for marketing purposes beyond the scope permitted by law without Customer’s express consent. Where opt-out approval is legally sufficient under 47 C.F.R. §§ 64.2007 and 64.2008, DNA will use CPNI for marketing of tailored products and services only after providing the required CPNI notice and opportunity to opt out. For uses that require opt-in approval under applicable FCC rules — including uses outside Customer’s existing service category or disclosure to third parties for marketing purposes — DNA will obtain Customer’s affirmative consent before proceeding.
Customer may deny or restrict DNA’s use of CPNI for marketing purposes at any time by providing written notice to DNA at legal@dna-communications.com. Denial or restriction of CPNI use will not affect the provision, quality, or price of any services to which Customer subscribes. Customer’s opt-out choice remains in effect until changed in writing.
DNA will handle any unauthorized access, use, or disclosure of CPNI in accordance with the notification requirements of 47 C.F.R. § 64.2011 and other applicable breach notification laws.
DNA maintains the internal safeguards, approval-status controls, personnel training, campaign records, supervisory review, and annual officer certifications required by 47 C.F.R. § 64.2009.
Telephone numbers provided to Customer in connection with DNA’s services are not the property of Customer. Numbers are assigned by DNA pursuant to applicable numbering plans and regulatory requirements.
Customers generally have the right to port telephone numbers to another carrier during active service or in connection with termination or transfer of service, subject to applicable number portability rules and porting procedures. Customer remains responsible for all outstanding account obligations, but DNA will not deny or delay a valid port-out request solely because of unpaid charges, except to the extent permitted by applicable law. Subject to a valid port request, technical feasibility, and applicable law, DNA will facilitate port-out requests in accordance with FCC number portability rules, including applicable simple-port intervals (generally one business day for simple wireline-to-wireline or intermodal ports, unless a longer period is requested).
Customer is responsible for initiating any porting request through the gaining carrier. DNA does not guarantee the timeline for number porting, which is subject to the processes and capabilities of the gaining carrier and number portability administrators.
As a CLEC, DNA is subject to federal and state telecommunications regulations and may be required to take actions necessary to comply with lawful orders, including but not limited to:
Compliance with such legal requirements shall not constitute a breach of contract, suspension of service, or violation of any applicable service level commitment. DNA will not notify Customer of lawful intercept requests where prohibited by law.
Customer is responsible for ensuring that its use of DNA’s voice services complies with all applicable laws, including laws governing call recording, consent requirements, telecommunications fraud, and prohibitions on unlawful monitoring.
DNA reserves the right to modify, suspend, or discontinue any voice or telecommunications service, in whole or in part, as necessary to comply with applicable law, regulatory requirements, or directives from governmental or regulatory authorities. Where practicable, DNA will provide reasonable advance notice of material service changes.
Changes required by law or regulation shall not constitute a breach of contract and shall not entitle Customer to any credit, offset, or early termination right unless expressly required by applicable law.
To the maximum extent permitted by applicable law, DNA’s liability in connection with voice and telecommunications services, including any failure or disruption of emergency services, E911 limitations, or third-party network failures, is subject to the limitations set forth in the applicable Master Services Agreement between DNA and Customer, except to the extent liability may not be limited under applicable law.
Without limiting the foregoing, and in addition to the limitations in the Master Services Agreement, DNA shall not be liable for damages, losses, or claims arising from:
These limitations apply regardless of the legal theory asserted, including contract, tort, strict liability, or otherwise, and even if DNA has been advised of the possibility of such damages or losses, except to the extent any such limitation is prohibited by applicable law.
These Disclosures are published to satisfy customer notice and regulatory transparency obligations applicable to CLECs and providers of regulated telecommunications services under applicable federal and Illinois law, including 220 ILCS 5/13-501(c) and 5/13-503.
DNA may update these Disclosures from time to time to reflect changes in law, regulation, or DNA’s service offerings. Updated versions will be published at the applicable URL on DNA’s website and will become effective as of the stated effective date. Customers will be notified of material changes as required by applicable law or the applicable Master Services Agreement.
Continued use of voice services following publication of revised Disclosures constitutes acceptance of the revised terms, subject to any contrary provision in the applicable Master Services Agreement.
Digital Network Access Communications Inc. d/b/a DNA Communications
