American Phone Services Corp.pdf

AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 1
TELECOMMUNICATIONS SERVICES
Applying to Intrastate Resale
Common Carrier Communications
Services Between Points in the
State of Idaho
AND
CONTAINING RULES AND REGULATIONS
GOVERNING SERVICE
This tariff is on file with the Idaho Public Utilities Commission and copies may be inspected, during
normal business hours, at American Phone Services Corp., 11285 Elkins Road , Suite L-, Roswell
Georgia 30076 800-711-1323.
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell , GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Issued: March 5, 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 2
Check List
Pages 1 to 30 are effective as of the date shown. Revised pages as named below contain all
changes from the original tariff that are in effect on the date thereof.
REVISION NO.PAGE REVISION NO.PAGE
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By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 .1998
Issued: March 5, 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 3
(C)
(D)
(I)
(M)
(N)
(R)
(T)
(Y)
(Z)
Symbols
Whenever tariff pages are revised, changes will be identified by the following symbols:
To signify changed regulation
To signify deleted or discontinued rate, regulation or condition
To signify a change resulting in an increase to a customer s bill
To signify material moved from or to another part of tariff with no change in text, rate, rule or
condition
To signify new rate, regulation, condition or page
To signify a change resulting in a reduction to a customer s bill
To signify change in text but no change in rate, rule or condition
To signify a reference to other published tariffs
To signify a correction
Issued: March 5, 1998
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public tilit es mmission
Office of the Secretary
ACCEPTED FOR FILING
APR 10 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 4
TABLE OF CONTENTS
TITLE PAGE
..................................................
CHECKLIST ..................................................
SYMBOLS ....................................................
TABLE OF CONTENTS........................................ ....
TARIFF FORMAT PAGE.........................................
INTRODUCTION ................................................
TECHNICAL TERMS AND ABBREVIATIONS
. . . . . . . . . . . . . . . . . . . . . . . . .
RULES AND REGULATIONS
..................................
UndertakingoftheCompany................................
ResponsibilityandUse
...................................
BillingandPayments
....................................
Taxes..............................................
Deposits
............................................
6 AdvancePayments
......................................
CreditLimit..........................................
Call Blocking
.........................................
9 Indemnification
........................................
10 Customer Premises Equipment ("CPE"
. . . . . . . . . . . . . . . . . . . . . . . . .
11 Transmission
.........................................
12 Interconnection
........................................
13 Interruption
..........................................
14 Discontinuation
........................................
15 Restoration of Services
...................................
16 Disclaimer...........................................17 LimitationofLiability....................................
18 Indemnification
........................................
19 CreditsandCreditAllowances.............................20 Minimum Service Period
..................................
21 Compliance
..........................................
22 ForceMajeure
........................................
23 CustomerPremises......................................24 Full Force and Effect
....................................
25 Cooperation
..........................................
Issued: March 5, 1998
By: Riccardo Ferranti
American Phone Services corp.
11285 Elkins Road, Suite L-
Roswell , GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Boise. Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 5
TABLE OF CONTENTS (cont.
GoverningLaw
........................................
Operator Services
......................................
DESCRIPTION OF SERVICES
..................................
Description of Services
...................................
Timing of Calls........................................
RATES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 LateFee
............................................
ReconnectionFee
......................................
Promotions
..........................................
4.4 IntrastateService
.....................................
4.4.1 InterLATARates
..................................
4.4.2 Toll-FreeServiceRates
..............................
4.4.Computation of Charges
..............................
Calling Card Services
....................................
Calling Card Calls
.................................
PayphoneCompensationSurcharge
............................
DirectoryAssistance.....................................
Directory Assistance for Hearing or Speech Impaired
. . . . . . . . . . . . . . . . .
RatesforHearingorSpeechlmpaired
..........................
Application Periods
.....................................
Holiday
............................................
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Issued: March 5, 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 6
TARIFF FORMAT PAGE
A. Page Numbering. Page numbers appear in the upper-right comer of the page. Pages are
numbered sequentially. However, new pages are occasionally added to the tariff. These new pages are
identified in decimal format. For example, a new page added between pages 34 and 35 would be 34.
B. Page Revision Numbers . Revision numbers also appear in the upper-right comer of the page.
These numbers are used to determine the most current page version on file with the Idaho Public
Utilities Commission. For example , the 4th revised Page 34 cancels the third revised Page 34. Because
of deferrals , notice periods etc., the most current page number on file with the Commission is not
always the tariff page in effect. User should consult the Check Page for the page currently in effect.
C. Paragraph Numbering Sequence. There are nine levels of paragraph coding. Each level of
coding is subservient to its next higher level of coding.
1.1.
1. LA.
1.1.A.
1. LA. 1. (a)
(a).
1. LA. l.(a).I.(i)
(a).I.(i)(1)
D. Check Sheet . When a tariff filing is made with the Commission, an updated check sheet
accompanies the tariff filing. The check sheet lists the pages contained in the tariff, with a cross
reference to the current revision number. When new pages are added, the check sheet is changed to
reflect the revision. All revisions made in a given filing are designated by an asterisk (*). There will
be no other symbols used on this page if these are the only changes made to it (i.e., the format, etc.
The User should refer to the latest check sheet to find out if a particular page is the most current page
on file with the Commission.
Issued: March 5, 1998
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 7
INTRODUCTION
This tariff ("Tariff") contains the regulations and rates applicable to the furnishing of intrastate
communications common carrier resale services by American Phone Services Corp. (hereinafter referred
to as "APSC" or the "Company ) between various locations in the State of Idaho.
The regulations governing the provision and use of services offered under this Tariff are set forth
in Section 2. Service descriptions and rates are set forth in Sections 3 and 4, respectively.
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Issued: March 5 , 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 8
TECHNICAL TERMS AND ABBREVIATIONS
Certain terms used throughout this tariff are defined below.
Access Code
Access Code " means a sequence of numbers that, when dialed, connect a Customer to the
Carrier associated with that sequence.
Authorization Code
Authorization Code" means a numerical code, one or more of which are assigned to a
Customer to enable it to access the Services provided by the Company and to identify the
Customer for billing purposes.
Automatic Number Identification (ANI)
Automatic Number Identification" or "ANI" refers to the calling telephone number
identification forwarded to a Carrier s network by the LEC as a call is placed via Feature Group
D ("Feature Group D") switched access.
Calling Card Service
Calling Card Service " means the Calling Card Service described at Section 4.4.2 hereof.
Carrier
Carrier" means a communications common carrier authorized by the Commission or the FCC
to provide communications service to the public.
Commission
Commission" means the Idaho Public Utilities Commission.
Credit(s)
Credit(s)" has the meaning set forth in Section 2.19 hereof.
Credit Allowances
Credit Allowances" has the meaning set forth in Section 2.19 hereof.
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Issued: March 5, 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 9
Technical Terms and Abbreviations (cont.
Credit Limit
Credit Limit" means a credit limit placed on Customer s monthly consumption of Services
pursuant to Section 2.
Customer
Customer" means the person, firm, company, corporation, or other entity that (i) pursuant to
a Service Order, orders Service(s) under this Tariff.
Day
Day" means a period of time from 8:00 A.M. to (but not including) 5:00 P.M. Monday
through Friday, as measured by local time at the location from which the call is originated.
Evening
Evening " means a period of time from 5:00 P.M. to (but not including) 11:00 P.M., Sunday
through Friday and any time during Holidays as measured by local time at the location from
which the call is originated.
FCC
FCC" means the Federal Communications Commission.
Governmental Authority
Governmental Authority " means any judicial, administrative , or other federal , state or
municipal governmental authority (including without limitation the Commission) having
jurisdiction over the Company or the provision of Services hereunder.
Holidays
Holidays " means all Company-specified holidays: New Year s Day (January 1), Independence
Day (July 4), Thanksgiving Day, Labor Day and Christmas Day (December 25).
By: Riccardo Ferranti
American Phone Services corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utililic5 Cbmmlssl
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 199B
Issued: March 5, 1998
Boise, Idaho
:..
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No. I
Original Page 10
Technical Terms and Abbreviations (cont.)
Interruption
Interruption" means the disruption of, or removal of a circuit from, Service such that the
Service becomes unusable by User for a continuous period of thirty (30) minutes or more.
Joint User
Joint User " means two (2) or more unaffiliated persons , firms , companies, corporations , or
other entities , who are authorized by the Customer to be connected to a Service.
LEC
LEC" means a carrier authorized by the Commission to provide service within one or more
local telephone exchanges.
Local Access and Transport Area ("LATA"
Local Access and Transport Area " or "LATA" means a geographical area established by the
S. District Court for the District of Columbia in Civil Action No. 82-0192 , within which a
LEC provides communications services.
Minimum Service Period ("MSP"
Minimum Service Period" ("MSP") means the minimum period of time during which Customer
takes Service ordered under Service Orders under this Tariff.
Night/Weekend ("N/Wkd"
Night/Weekend" ("N/Wkd") means a period of time from 11:00 P.M. to (but not including)
8:00 A.M. Monday through Friday, any time on Saturday, and all day Sunday except 5:00 P.
to (but not including) 11 :00 P., as measured by local time at the location from which the call
is originated.
Other Providers
Other Providers" means any carriers or other service providers , whose services or facilities are
connected to the Services.
Issued: March 5, 1998
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 11
Technical Terms and Abbreviations (cont.
Performance Failure
Performance Failure" means any disruption, degradation, or failure of Service, including
without limitation any Interruption (but excluding Scheduled Interruptions), any installation
failure or delay, or any mistake, delay, omissions, errors or other defects in the Services or in
the provision thereof.
Regulation( s)
Regulation(s)" means any and alllaw(s), rule(s), regulation(s) (including without limitation
those set forth in this Tariff), order(s), policy or policies, ruling(s), judgment(s), decree(s) or
other determination(s) which are made by the Commission or by any other Governmental
Authority or which arise under any federal, state, or local statute, utility code , or ordinance, and
which are applicable to the Services or to any provision of this Tariff.
Resale Tariffs
Resale Tariffs " means the tariffs of an Underlying Carrier.
Scheduled Interruption
Scheduled Interruption" means an Interruption which has been scheduled by the Company in
advance for maintenance, testing, or other administrative purposes.
Service(s)
Service(s)" means the Company s communications common carrier service(s) provided under
this Tariff.
Service Order
Service Order" means a Company designated form used from time to time by Customer for
ordering Services hereunder.
TDD
TDD" means a Telecommunications Device for the Deaf.
Issued: March 5, 1998
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 12
Technical Terms and Abbreviations (cont.
Termination (Terminate)
Termination" (or "Terminate ) means discontinuance of (to discontinue) Service, either at
Customer s request, or by the Company in accordance with Regulations.
Third Party Billing Companies
Third Party Billing Companies" means , collectively, any clearinghouses, LECs, Other
Providers, credit card companies or other third parties who bill Customers for Services on the
Company s behalf.
Underlying Carriers
Underlying Carrier(s)" means the Carrieres) whose services are resold by the Company
pursuant to this Tariff.
User
User" means (i) a Customer, or (ii) any person, firm, company, corporation, or other entity
who is authorized by the Customer to use Service under this Tariff.
Issued: March 5 , 1998
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 13
RULES AND REGULATIONS
The Company is a reseller of regulated, intrastate, communications common carrier services.
The Services described in Section 3 of this Tariff are provided by the Company pursuant to applicable
Resale Tariffs which are on file with, and have been approved for resale by, the Commission.
Undertaking of the Company
1 The Company shall exercise its best efforts to provide Services to Users between
any and all points described herein pursuant to the terms and conditions set forth
in this Tariff.
1.2 Services ordered by Customers under Service Orders will be made available for
Users' use as soon as practicable after the Company s receipt of said Service
Order. In the event of a conflict or inconsistency between the terms of a Service
Order and those of this Tariff, the latter shall govern.
3 The Company reserves the right (i) to discontinue or temporarily suspend Services
to or from a location where the necessary facilities or equipment are not available
under terms and conditions reasonably acceptable to the Company; and (ii)
block Services to any User location or to any Authorization Code, without any
liability whatsoever, in the event that the Company detects or reasonably suspects
either (a) fraudulent or unlawful use of the Services at or by means of said
location or Authorization Code, or (b) consumption of Services in excess of the
applicable Credit Limit.
Issued: March 5, 1998
By: Riccardo Ferranti
American Phone Services corp.
11285 Elkins Road, Suite L-
Roswell , GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Boise. Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 14
Responsibility and Use
Services may be used by Users for any lawful purpose , subject to the terms and
conditions set forth herein and in any applicable Service Order. Subject to the
limitations and conditions set forth in this Tariff, Services are available for use
twenty-four (24) hours per day, seven (7) days per week.
Customer is solely responsible for (i) prevention of unauthorized, unlawful or
fraudulent use of or access to Services; and (ii) administration and non-disclosure
of any Authorization Codes provided by Company to Customer.
Billing and Payments
Charges for Services will be billed to Customer on a monthly (30 day) basis , in
arrears , based on the User s actual usage.
All amounts stated on each monthly invoice are due and payable immediately
upon Customer s receipt thereof.
Except as otherwise limited by Regulation, Customer shall be responsible for
payment of all charges, whether authorized or not, for any and all use of or
access to Services provided to Users, including without limitation any
unauthorized , unlawful or fraudulent use or access.
3.4 Except as otherwise provided herein, the Company, at its sole option, may
Terminate Services in the event Customer fails to pay any invoice within thirty
(30) calendar days after the due date stated thereon, subject to five (5) business
days' prior written notice and to any other applicable Commission Regulation.
Termination of Services by the Customer or the Company for any reason
whatsoever will not relieve Customer of its payment obligations hereunder for all
Service charges incurred by Customer through the date of Termination.
Third Party Billing
The Company may engage one or more Third Party Billing Companies to bill
Customers for Services provided hereunder , subject to any and all applicable
Regulations, including without limitation any applicable interest and late payment
charges; provided, however, dispute resolution procedures for any disputed
charges billed by Third Party Billing Companies will at all times be subject to the
Commission s Regulations.
By: Riccardo Ferranti
American Phone Services corp.
11285 Elkins Road, Suite L-
Roswell , GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Issued: March 5, 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 15
2.4 Taxes
All federal, state , and local excise , sales, use and similar taxes , shall be billed by the
Company as separate line items on Customer s invoice, and except as set forth in Section
1.3 , are not included in any quoted rates described or contained in this Tariff.
Deposits
The Company will not collect deposits from its Customers.
Advance Payments
The Company may, at its sole option and discretion, require that any Customer having
a history of late payments for the Services or whose credit history either is unsatisfactory
(in the Company s sole opinion) or is not established to the Company s reasonable
satisfaction to make advance payments from time to time for future consumption of
Services. The amount of each such advance payment will not exceed sixty (60) days
actual or estimated charges. The Company may, at its sole option and discretion, accept
personal guarantees , bank letters of credit or surety bonds in lieu of an advance payment.
Advance payments will be applied to charges for Services in the same manner as other
payments. A customer may be required to continue to make advance payments in
accordance with this Section 2.6 until such time as its credit worthiness is established to
the Company s reasonable satisfaction.
Credit Limit
The Company may, at its sole discretion, set a Credit Limit for any Customer
consumption of Services for any monthly period. The Company will provide the
Customer written notice of any such Credit Limit upon initiation of Service under this
Tariff.
Call Blocking
Notwithstanding any other provision of this Tariff, the Company may block calls which
(i) are made to certain countries, cities, or central office ("NXX") exchanges , or (ii)
make use of certain Authorization Codes , as the Company, in its sole opinion and
discretion, deems reasonably necessary to prevent unlawful or fraudulent use of Services.
Issued: March 5, 1998
By: Riccardo Ferranti
American Phone Services corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Boise. Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 16
Indemnification by Customer
Customer shall defend, indemnify and hold the Company harmless from any and
all actions , claims, judgments, damages, demands, liabilities, and expenses
including without limitation reasonable attorney s fees, arising from or in
connection with:
1.A libel, slander, obscenity or indecency resulting from or associated
with any use of the Services provided to any User hereunder;
1.B infringement of any patent, copyright, trademark, trade name or
trade secret arising from: (i) the transmission of any material
transmitted (a) by any User or (b) by any other person using the
Services provided to any User, User location, or Authorization
Code; or (ii) from the combination of User s use of Services with
CPE or with other User-provided facilities or services; and
1.C except as otherwise provided by applicable Regulation, any
unauthorized, unlawful, or fraudulent use of or access to the
Services provided to Users.
Customer Premises Equipment ("CPE"
CPE attachment by the User is permitted under this Tariff. The Customer is responsible
for ensuring that all such attached CPE must conform to the FCC's registration
requirements set forth in Part 68 of the Code of Federal Regulations (as amended), and
the Company may discontinue the provision of Services to any location where CPE fails
to conform to such Regulations.
Transmission
The Services are suitable for the transmission of voice, data, or other communications
only to the limited extent set forth in the Resale Tariffs.
By: Riccardo Ferranti
American Phone Services corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Issued: March 5, 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 17
Interconnection
12.The Services may be connected with services or facilities of Other
Providers subject to any technical limitations applicable to the latter;
provided, however, Service furnished by the Company is not part of a
joint undertaking with any Other Provider.
12.Customer shall be solely responsible for all expenses and for satisfying all
legal requirements for interconnecting Customer-provided terminal
equipment or communications systems with Other Providers' facilities
including, without limitation, all licenses , permits , right-of-way, and other
arrangements necessary for such interconnection.
Interruption
The Company, without incurring any liability whatsoever, may make Scheduled
Interruptions at any time (i) to ensure compliance by the Customer or User with
Regulations (including without limitation the provisions of this Tariff), (ii) to ensure
proper installation and operation of the Customer s and such Other Provider s equipment
and facilities , (iii) to prevent fraudulent use of or access to the Services, or (iv) to
perform any other maintenance, testing or inspection reasonably required for the
provision of Services hereunder.
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Issued: March 5 , 1998
Boise. Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 18
Discontinuation
Notwithstanding any other provision of this Tariff, the Company may at its sole option
and discretion Terminate Service without incurring any liability therefor whatsoever
subject to (i) no less than five (5) business days prior written notice or such other notice
period required by Regulation, and (ii) to any applicable Regulations, for any of the
following reasons:
14.by order of a Governmental Authority;
14.in the event of any unlawful, unauthorized or fraudulent use of or access
to the Services , including without limitation violation of the provisions of
this Tariff or of any other Regulations by the Customer, by any User or
by any other person;
14.the use of Services in excess of a Customer s Credit Limit (if any) or
Customer s failure to make an advance payment (if so required) for
Services provided hereunder; or
14.4 Customer s provision of false or misleading information in its Service
Order or in any other document delivered by Customer to the Company.
Restoration of Services
The Company shall restore any Terminated Services in accordance with Regulations
including but not limited to charging the Customer a reconnection fee as set forth
Section 4.
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Issued: March 5, 1998
Boise. Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 19
Disclaimer
The Company will have no liability whatsoever to User, to its employees, agents,
subcontractors , or assignees, or to any other person (i) for damages arising out of any
Underlying Carriers' Performance Failure , (H) for any act or omission of any third party
furnishing equipment, facilities or service to any User in connection with this Tariff or
with the Services, or (Hi) for any act or omission of any Other Provider, User, or third
party related to the use or provision of Services hereunder.
THE COMPANY DISCLAIMS ALL REPRESENT A TIONS AND WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIT A TION, ANY IMPLIED
WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR
PURPOSE FOR OR IN CONNECTION WITH THE PROVISION OF SERVICES
HEREUNDER.
Limitation of Liabilitv
17.
17.
17.
Except as caused by its willful misconduct or negligence, the Company
liability with respect to any action, claim, judgment, damages, demands
liability or expense (including without limitation reasonable attorney
fees) (i) brought or incurred by any User or any other party in connection
with the installation, provision, preemption, termination, maintenance
repair or restoration of Service or (H) arising from any Performance
Failure, will in no event exceed an amount equal to the Service charges
incurred by User for the month during which the Service was affected.
Such amount will be in addition to any amounts that may otherwise be due
User as Credits or Credit Allowances pursuant to the provisions of Section
19 hereof.
To the fullest extent permitted by any applicable Regulation, the
Company s liability for negligence will also be limited to the amounts
described in Section 2.17.1 hereof.
To the fullest extent permitted by any applicable Regulation, the
Company s liability for gross negligence will also be limited to the
amounts described in Section 2.17.1 hereof.
Issued: March 5 , 1998
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 20
Limitation of Liability (cont.)
17.4
17.
17.
17.
In no event will the Company be liable for loss of profits (even if the
Company has been advised of the possibility of such loss) or for any
indirect, incidental, special , consequential, exemplary or punitive damages
whatsoever arising, directly or indirectly, from or in connection with the
provision or use of Services hereunder.
Except as caused by its willful misconduct or negligence, the Company
will not be liable for defacement of or damages to Users' premises or for
any personal injury or death arising, directly or indirectly, from the
furnishing of Services , or from the installation or removal of any
facilities, equipment or wiring associated therewith. Customer is solely
responsible for connecting any and all apparatus , equipment and associated
wiring on Users ' premises to the Services , and no other Carrier or third
party engaged in such activity is to be deemed an agent or employee of
the Company in this undertaking.
Any action or claim against the Company arising from any of its alleged
acts or omissions in connection with this Tariff will be deemed waived if
not brought or made in writing within sixty (60) days from the date that
the alleged act or omission occurred.
The included tariff language does not constitute a determination by the
Commission that a limitation of liability imposed by the Company should
be upheld in a court of law. Acceptance for filing by the Commission
recognizes that it is a court's responsibility to adjudicate negligence and
consequential damage claims. It is also the court's responsibility to
determine the validity of the exculpatory clause.
Issued: March 5, 1998
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Boise. Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 21
Indemnification
Subject to the limitations of liability set forth in Section 2.17 hereof, the Company and
the Customer shall defend, indemnify, and hold each other harmless from and against
any and all actions, claims, judgments, damages, demands, liabilities, and expenses
including without limitation reasonable attorney s fees, resulting from injury to or death
of any person (including injury to or death of their employees) or from the loss of or
damage to tangible real or tangible personal property or to the environment, to the extent
that such injury, death, loss or damage was proximately caused by any negligent act or
omission on the part of the party from whom indemnity is sought, or on the part of its
agents, employees, subcontractors or assignees , in connection with the provision or use
of the Services. The indemnifying party under this Section 2.18 shall defend the other
at the other s request against any such action, liability, claim or demand. The party
seeking indemnification under this Section 2.18 must notify the other promptly of written
claims or demands for which the indemnifying party is responsible hereunder. The
Company and the Customer, as the case may be, shall cooperate fully with the other in
the course of such indemnification, and the indemnifying party shall control such defense
and the right to litigate, settle, appeal (provided it pays the cost of any required appeal
bond), compromise or otherwise deal with any such claim or resulting judgment,
provided that such settlement, compromise or other resolution of said claim does not
result in any liability to the indemnified party.
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Issued: March 5, 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 22
Credits and Credit Allowances
19.
19.
Credits ("Credit(s)") to the Customer s fixed charges, if any, for
Interruptions (other than Scheduled Interruptions or Interruptions caused
by Other Providers for which a Credit Allowance is due the Company as
described in Section 2.19.2 hereof) which (i) exceed in the aggregate
twenty-four (24) hours per month, (ii) are directly caused by the
Company, and (iii) are not due to the negligence or willful misconduct of
the User, its employees , subcontractors, agents, or assignees , will be
applied to Customer s account with the Company. Such Credits are to be
calculated by multiplying the fixed monthly, recurring rate (if any) for the
affected Service by the ratio that the number of hours the Interruption
bears to 720 hours. (For the purpose of this computation, each month is
deemed to have 720 hours.) An Interruption is measured from the time
the Company detects, or the Customer notifies the Company of, its
occurrence until such time as the Interruption is cured. Each Interruption
is to be considered separately for the purpose of this calculation and is to
be rounded to the nearest hour.
In the event of an Interruption caused by Other Providers for which
credit or allowance ("Credit Allowance ) becomes due to the Company,
the Company shall apply such Credit Allowance to Customer s account
less an administration fee of twenty dollars ($20.00), subject to the
Company s collection of such Credit Allowance from the Other Provider
obligated to provide same. In no event will the Company be obligated to
credit Customer any amounts in excess of any Credit Allowance allocable
to Customer s Interruption(s) which the Company receives from the Other
Provider. Any other provision of this Section 2.19 notwithstanding,
Company will have no obligation to apply any credit to Customer
account for Interruptions caused by an Other Provider for which no Credit
Allowance is due the Company. In no event will the Company be
responsible for payment or collection of any Credit Allowances due any
User by any Other Provider.
Issued: March 5 , 1998
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Boise. Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 23
Credits and Credit Allowances (cont.
19.Except as otherwise set forth herein, Customer s sole and exclusive
remedy for any and all Performance Failures which consist of or give rise
to Interruptions are Credits or Credit Allowances to the extent available
under this Section 2.19; for any other Performance Failures or in the
event Credits or Credit Allowances are unavailable (due to the fact, for
example, that the Customer does not incur any fixed recurring montWy
charges), Customer s sole and exclusive remedy in lieu of said Credits
or Credit Allowances will be an immediate right to Terminate Services
prior to the expiration of the Minimum Service Period.
Minimum Service Period
The Minimum Service Period will be for the term specified in Customer s Service Order
which term must be no less than thirty (30) days. This MSP shall automatically renew
for subsequent terms of equal duration. Either the Company or the Customer may elect
not to renew any MSP by written notice to the other no later than thirty (30) days prior
to the expiration date of said MSP. Where the MSP is for a term of one (1) year or
longer , the Company will advise the Customer, orally or in writing, prior to the renewal
period, of the rates, terms and conditions applicable to the automatic renewal if the
Customer takes no action.
Compliance
The Company and Customer shall (and Customer shall cause User to) comply with all
Regulations.
Force Majeure
The Company is excused from any Performance Failure due to causes beyond its
reasonable control , including but not limited to acts of God, fire , floods , other
catastrophes, insurrections national emergencies , wars, labor disputes , or any
Regulations or other directive, action or request of any Governmental Authority.
Issued: March 5, 1998
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Boise. Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 24
Customer Premises
Customer shall provide, without cost to Company, all equipment, space, conduit, and
electric power required to terminate the Services at the User s premises. The Customer
shall arrange for the Company, or for other Carriers as required, to have access to the
User s premises at all reasonable times for purposes of Service installation, Termination
inspection and repair. Customer shall be solely responsible for any damage to or loss
of Company equipment while on the premises of User, unless such damage is caused by
the negligence or willful misconduct of the Company, its employees, subcontractors or
agents.
Full Force and Effect
Should any provision or portion of this Tariff be held by a court or administrative agency
of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining
provisions of this Tariff will remain in full force and effect.
Cooperation
Customer shall cooperate with the Company to the extent necessary for the Company to
discharge its obligations hereunder and as reasonably requested by the Company.
Governing Law
This Tariff shall be governed by and construed in accordance with the rules and orders
of the Commission and the laws of the State of Idaho.
Operator Services
The Company does not provide operator services. All operator assisted calls, including
collect calls , calling card calls , credit card calls , person-to-person calls , third party calls
and other related operator services will be routed to the Company s Underlying Carrier.
Issued: March 5 , 1998
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 25
DESCRIPTION OF SERVICES
Description of Services
Services consist of (i) Message Telecommunications Service ("MTS"), (ii) Toll-Free
Service, and (iii) Calling Card Services. Services may be originated and/or terminated
at any location in the State of Idaho.
1.1 MTS is a switched, intrastate , telecommunications service which permits Users
to establish communications between two locations within the State of Idaho.
MTS is available as both an inter LATA and an intraLATA Service.
1.2 Toll-Free Service is a switched, intrastate , incoming telecommunications service.
Toll-Free Customers shall be assigned a toll-free ("800" or "888") incoming call
number by the Company for termination and billing of Toll-Free calls.
3. 1.Calling Card Service consists of MTS calls and applicable surcharges made using
a Calling Card or credit card.
Timing of Calls
The Customer s monthly charges for Services provided hereunder are based upon either
(i) the total time the User actually uses the Services (rounded to the increments set forth
in Sections 4.4 or 4.5), or (ii) the airline mileage between the originating and the
terminating rate centers of each call as calculated using the V and H coordinates set forth
in Southwestern Bell Telephone and Telegraph Co.s General Subscriber Services Tariff
on file with the Commission. The method of calculation of the airline mileage between
rate centers is calculated according to the following formula.
(VI - V2)2 + (HI - H2)2
Where VI and HI are the V and H coordinates of point 1 and V2 and H2 are the V and
H coordinates of point 2. The mileage is rounded up to an integer value to determine
the airline mileage.
Issued: March 5, 1998
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 199B
Boise. Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 26
RATES
Late Fee
Invoices more than thirty (30) days past due will incur a monthly finance charge on the
unpaid balance at a rate equal to the lesser of one and one-half percent (1.5 %) per month
or the maximum rate permitted by applicable Regulation.
Reconnection Fee
A charge of twenty dollars ($20.00) or the applicable statutory charge for reconnection
of Service (if any), whichever is greater, will apply whenever a User requests to be
reconnected to the Services after the Company has Terminated the Services to User for
any reason allowed by this Tariff.
Promotions
The Company may from time to time engage in special promotions of new or existing
Service offerings of limited duration designed to attract new customers or to increase
existing Customer awareness of a particular offering. The promotional offerings are
subject to the availability of the Services and may be limited to a specific geographical
area or to a subset of a specific market group; provided, however , the Company shall
notify the Commission of any such promotional offerings.
Issued: March 5, 1998
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Boise. Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 27
4.4 Intrastate Service
4.4.InterLATA Rates The following presubscribed ("I + ") calls will be billed in one
(1) minute increments.
Rate Plans Day N/Wkd.Monthly Initial
Rates Eve. Rate Recurring Set-up
Fee Fee
Plan I - Relax $0.$0.$2.None
Plan II - Smart $0.$0.$2.None
Plan III -$0.$0.$2.None
Night Saving
Plan IV -Basic $0.$0.None None
Plan V - Night!$0.$0.$2.None
Weekend Value
Plan VI -$0.$0.$2.None
Day Value
Description of Rate Plans:
Plan I - Relax: This plan is designed for Customers who place numerous calls during the
Day.
Plan II - Smart: This plan is designed for Customers who place numerous calls at any
time 24 hours per day, seven days a week.
Plan III - Night Saving: This plan is designed for Customers who place most of their
calls after 7:00 p.
Plan IV - Basic: The Basic rate plan allows the Customer an opportunity to use the
Services without any monthly recurring or set-up fees.
Plan V - Night/Weekend Value: This plan is designed for Customers who place calls
during the Day, with the majority of calling during the Night and Weekends.
Plan VI - Day Value: This plan is designed for Customers who place the majority of
calls during the Day.
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Issued: March 5, 1998
Boise. Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 28
4.4 Intrastate Service (cont.)
4.4.Toll-Free Service Rates The following Toll-Free calls will be billed in one (1)
minute increments.
Rate Plans Day Rates N/Wkd.Monthly Surcharge
Eve. Rate Recurring
Fee
Plan I $0.$0.None None
4.4.3 Computation of Charges
4.4.
4.4.
Calls will be billed in increments of either (i) an initial thirty (30)
seconds period and additional periods of six (6) seconds, (ii) an
initial sixty (60) seconds period and additional periods of thirty
(30) seconds, or (iii) an initial one (1) minute period and additional
periods of one (1) minute, as set forth in Sections 4.4 and 4.
respectively. Where answer supervision is available, the time of
each call begins as set forth in Subsection 4.4.B below, and ends
when the calling party disconnects. In no event will the time of a
call be deemed to begin prior to sixty (60) seconds from the time
of intervention by an operator or automated equipment with respect
to said call, except where answer detection capability exists.
Where answer supervision is available, the time of a call begins
when the called station is answered, as determined by the standard
industry methods selected by the applicable Underlying Carrier.
The Company will not knowingly bill any Customer for
unanswered calls. Upon the Customer s or Billed Party s request
the Company shall promptly refund or credit, as the case may be
payments or charges for any unanswered calls inadvertently billed
due to the unavailability of Feature Group D or to the LEC'
failure to provide answer supervision. Where answer supervision
is not available, any call for which the billed duration exceeds one
minute shall be presumed to have been answered.
Issued: March 5, 1998
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 199B
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No.
Original Page 29
Calling Card Services
Calling Card Calls.Calling Card calls not requiring operator assistance, will be
billed in one (1) minute increments, as follows:
Day Rates N/Wkd.Monthly Per Call
Eve. Rate Recurring Surcharge
Fee
Plan I $0.$0.25 $0.$0.25
Payphone Compensation Surcharge
Customer dialed 800, 888 and "10XXX" calls originated from pay telephones to obtain
access to the Company s Services may incur a per-call surcharge of $0.30.
Directorv Assistance
The Company does not provide local directory assistance. Access to long distance
directory assistance may be obtained by dialing 1+555-1212 or 411 for listings within the
originating area code and by dialing I +(area code)+555-1212 for other listings. Customer
will be billed $0.50 for each intrastate directory assistance call. The directory assistance
charge applies to each call regardless of whether the directory assistance bureau is able
to furnish the requested telephone number.
Directory Assistance for Hearing or Speech Impaired
Pursuant to the applicable laws and regulations of the State of Idaho and the Commission
the Company will provide at no charge up to fifty (50) long distance directory assistance
calls per billing cycle to disabled Customers. As used in this Tariff
, "
disability(ies)" shall
mean, with respect to an individual, a physical or mental impairment that prohibits that
individual from using the telephone directory. All long distance directory assistance calls
in excess of fifty (50) calls within a billing cycle shall be billed at the rate set forth in
Section 4.
Rates for Hearing or Speech Impaired
For medically certified hearing or speech impaired Users who communicate via a TDD
the Company will issue upon request a credit in an amount of 25% of the regularly billed
charges for under Section 2.3 for calls made between TDDs. The credit will appear on
the Customer s subsequent bill.
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Issued: March 5, 1998
Boise, Idaho
AMERICAN PHONE SERVICES CORP.Idaho PUC Tariff No. I
Original Page 30
Application Periods
The following application periods apply to the rates established in this Section 4.
Mon.Tues.Wed.Thu.Fri.Sat.Sun.
7:00 AMto Day Rate Period N/Wkd
7: 00 PM
:---------------------------------------------------: :--------------:
7:00 PMto Evening Rate Period N/Wkd Eve.
11 :00 PM
:--------------------------------------------------: :-------::------:
11:00 PMto NightiWeekend Rate Period
7: 00 AM:
-------------------------------------------------------------------:
Holiday
On Holiday s the rate applicable is the Evening rate unless a lower rate would normally
apply.
amerphon\idaho\tariffid.fin
By: Riccardo Ferranti
American Phone Services Corp.
11285 Elkins Road, Suite L-
Roswell, GA 30076
fdal,() Publi(; tflitilil:~ f:lllllllli~iu
Office of the Secretary
ACCEPTED FOR FILING
APR 1 0 1998
Issued: March 5, 1998
Boise. Idaho