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Notice of Change to Regulatory Charge Beginning July 1, 2011, the monthly Regulatory Charge for voice and email

plans may change based on anticipated charges in our costs. We are currently charging $0.13 per line each month, and anticipate a change to up to $0.16 per line each month. For Mobile Broadband plans, the Regulatory Charge will remain at $0.02 per line each month. For information regarding the Regulatory Charge, call 1-888-684-1888. What are Verizon Wireless' Surcharges? Verizon Wireless' Surcharges include charges to recover or help defray costs of taxes and of governmental charges and fees imposed on us, including a Regulatory Charge (which helps defray costs of various regulatory mandates, including government number administration and license fees) and a Federal Universal Service Charge (and, if applicable, a State Universal Service Charge) to recover costs imposed on us by the government to support universal service, and may include other charges also related to our governmental costs. It also includes an Administrative Charge, which helps defray certain costs we incur, currently including (i) charges we, or our agents, pay local telephone companies for delivering calls from our customers to their customers, (ii) fees and assessments on network facilities and services, and (iii) certain costs and charges associated with proceedings related to new cell site construction. Please note that these are Verizon Wireless charges, not taxes that we are required to collect from you. These charges, and what's included, are subject to change from time to time. Can Verizon Wireless Change This Agreement or My Service? We may change prices or any other term of your Service or this agreement at any time, but we'll provide notice first, including written notice if you have Postpay Service. If you use your Service after the change takes effect, that means you're accepting the change. If you're a Postpay customer and a change to your Plan or this agreement has a material adverse effect on you, you can cancel the line of Service that has been affected within 60 days of receiving the notice with no early termination fee.
The contract does not stipulate that Verizon Wireless may choose to mitigate a change in contract with an account credit. However the contract does explicitly state my option to cancel the lines. If I were to accept or not accept the offer, which has no basis is the written contract, the material adverse effect is still represented in the new contractual fees.

"In Cunningham vs. Fleetwood Homes of Georgia, reported at page 611 of the third Federal Reporter, volume 253, the Eleventh Circuit Court of Appeals ruled that arbitration clauses are material terms to a contract.
If the contract has in fact been altered to allow for mitigation of the charges by account credit, then my standing in a potential arbitration has been negated. So such a clause, having the potential to alter my standing in arbitration would itself be a materially adverse change.

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