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HomeMy WebLinkAboutATX Licensing Inc.pdfATX Licensing, Inc.ID P.C. TARIFF. No. Original Title Page TARIFF APPLICABLE TO COMPETITIVE INTEREXCHANGE TELECOMMUNICATIONS SERVICES WITHIN THE STATE OF IDAHO PROVIDED BY ATX LICENSING , INC. ("Company This tariff is on file with the Idaho Public Utilities Commission ("Commission and copies may be inspected , during normal business hours, at the Company principal place of business. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 - 2005 Boise, Idaho . ------- Issued: February 22 2005 Effective: March 4, 2005 Bruce Bennett, Vice President - External Affairs ATX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 A TX Licensing, Inc.ID P.C. TARIFF. No. Original Page 1 CHECK SHEET The Title Page and Pages 1 through 36 inclusive are effective as of the date shown. Original and revised pages as named below contain all changes from the original tariff that are in effect on the date thereof. PAGE NUMBER OF PAGE NUMBER OF REVISIONS REVISIONS Oriqinal Original Oriqinal Oriqinal Oriqinal Oriqinal Oriqinal Oriqinal Original Original Original Original Original Original Original Oriqinal Original Original Original Original Original Original Oriqinal Original Original Original Original Original Original Original Original Original Original Oriqinal Original Original Issued: February 22 2005 EffectivfdaM'tfb~c iJtm~~~Commission Office of the Secretary Bruce Bennett, Vice President - External Affairs ACCEPTED FOR FILING A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 MAR 4 ~ 2005 Boise, Idaho ;C", ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 2 TABLE OF CONTENTS Check Sheet............................................................. ................. Table of Contents............................................... ........................ Application of Tariff.. ........................................... ...... ................. Severability.. ....................................................... ....................... Explanation of Symbols and Abbreviations............................... Contact Information.............................................................. Tariff Format. ..................................................... ................,....... Section 1 - Definition of Terms.. ..............".................................. Section 2 - Rules and Regulations............................................... 1 - Application of Tariff 2 - Use of Services 3 - Service Availability 2.4 - Liability of Carrier 5 - Installation 6 - Payment for Service 7 - Cancellation by Customer 8 - Interconnection 9 - Refusal or Discontinuance by Carrier 10- Interruption of Service 11 - Inspection , Testing and Adjustment 12 - Contested Charges 13 - Deposits 14 - Returned Checks 15 - Taxes 16 - Advance Payments 17 - Billing Arrangements 18 - Validation of End User Credit Section 3 - Description of Service.. ............................................. 1 - Timing and Billing of Calls 2 - Calculation of Distance 3 - Service Offerings PAGE Issued: February 22 2005 Effective: March 4, 2005 Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 - 2005 Boise. Idaho A TX Licensing, Inc.ID P.C. TARIFF. No. Original Page 3 TABLE OF CONTENTS (Con Section 4 -Rates ........................................................................ 1 - Rate Descriptions 2 - Usage Charges: WATS Dedicated 3 - Usage Charges: WATS Switched 4.4 - Usage Charges: Domestic Corporate Travel Service 5 - Usage Charges: Directory Assistance 6 - Account Codes Section 5 - National Access and Federal Universal Service............. 1 - National Access Fee (EUCL) 2 - Federal Universal Service Section 6 - Payphone Surcharge................... ......... ................... 1 - Payphone Surcharge Section 7 - Guaranteed Savings Plan Program ......................... 1 - Guaranteed Savings Plan Program PAGE Issued: February 22 2005 Effective: March 4, 2005 Idaho Public Utilities Commission Office of the SecretaryBruce Bennett, VIce ~resI~ent - External AffaIrs ACCEPTED FOR FILING A TX Llcensmg, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 MAR 4 - 2005 Boise, Idaho ,. A TX Licensing, Inc.ID P.C. TARIFF. No. Original Page 4 APPLICATION OF TARIFF A TX Licensing, Inc. (hereinafter "The Company ) has been authorized by the Idaho Public Utilities Commission (Idaho PUC) to provide competitive local exchange and interexchange services. This price list sets forth the service offerings , rates , terms and conditions applicable to the furnishing of local exchange services to residential and small business customers within the State of Idaho. The rates and rules contained herein are subject to change pursuant to the rules and regulations of the Idaho PUC. SEVERABILITY In case anyone or more of the provisions contained on this Tariff shall for any reason be held invalid , illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Tariff shall be construed as if such invalid , illegal or unenforceable provision had never been contained herein. Issued: February 22 2005 Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Effective: March 4, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 ~ 2005 Boise. Ida.I1e i ' . ,; ':;:!";;;,"".",-- , ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 5 EXPLANATION OF SYMBOLS AND ABBREVIATIONS The following are the only symbols used for the purposes indicated below: C - Indicates a changed listing, rule , or condition , which may affect rates or charges D - Indicates discontinued material , including a listing, rate, rule or condition I - Indicates an increase M - Indicates that the material has been relocated to another part of price list schedules with no change in text, rate, rule or condition N - Indicates new material including listing, rate , rule or condition R - Indicates a reduction S - Indicates reissued matter T - Indicates a change in wording of text, but not a change in rate , rule or condition. The following are the only abbreviations used for the purposes indicated below: LATA - Local Access and Transport Area Issued: February 22 2005 Effective: March 4, 2005 Idaho Public Utilities Commission Bruce Bennett, Vice President - External Affairs Offic2 of the Secretary ATX Licensing, Inc. ACCEPTED FOR FILING 2100 Renaissance Boulevard King of Prussia, P A 19406 MAR 4 - 2005 Boise, Idaho ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 6 Contact Information ATX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia , PA 19406 Phone: 800-220-A TX2 Fax: 610-755-3290 Customer Contact For establishment of service, complaints and inquires regarding service and billing, or reporting or inquiring about network outages or service problems. Customer Service: 800-220-A TX2 Maintenance: 800-220-A TX2 Commission Contact For complaints , inquiries and matters concerning rates and price lists. Matters concerninq customer service: Cathleen McCormick Phone: 800-220-A TX2 Fax: 610-755-3290 Email: Cathleen.McCormick~atx.com Matters concerninq tariffs and requlatorv affairs: Bruce Bennett Vice President, External Affairs Phone: 800-220-A TX2 Fax: 610-755-3290 Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Effective: March 4, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 - 2005 Issued: February 22 2005 Boise, Idaho ATX Licensing, Inc.ID P.u.C. TARIFF. No. Original Page 7 TARIFF FORMAT 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. When a new page is added between pages already in effect, a decimal is added. For example , a new page added between pages 14 and 15 would be 14. B. PAGE REVISION NUMBERS - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current page version on file with the Commission. For example , the 4th revised Page 14 cancels the 3rd revised Page 14. Because of various suspension periods, deferrals, etc. the Commission follows in its tariff approval process , the most current page number on tile with the Commission is not always the tariff page in effect Consult the Check Sheet 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: A.1. A.I.(a). A.I.(a). A.I.(a).I.(i). A.I.(a).I.(i).(I). Issued: February 22, 2005 Effective: March 4, 2005 Id~ho Public Utilities Commission Bruce Bennett, Vice President - External Affairs . Office of the Secretary ATX Licensing, Inc. ACCEPTED FOR FILING 2100 Renaissance Boulevard King of Prussia, P A 19406 MAR 4 - 2005 Boise. Idaho ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 8 TARIFF FORMAT (Con 0, CHECK SHEETS When a tariff filing is made with the Commission, an updated Check Sheet accompanies the tariff filing. The Check Sheet lists the sheets 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 tiling are designated by an asterisk ). There will be no other symbols used on this page if these are the only changes made to it (Le. the format, etc. remain the same, just revised revision levels on some pages). The tariff user should refer to the latest Check Sheet to find out if a particular sheet is most current on file with the Commission. Issued: February 22 2005 Effective: March 4, 2005 Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 -- 2005 8oise, Idaho A TX Licensing, Inc.ID P.C. TARIFF. No. Original Page 9 --~-- SECTION 1 -DEFINITION OF TERMS ACCESS LINE - An arrangement from a local exchange telephone company or other common carrier, using either dedicated or switched access , which connects a subscriber s location to ATX Licensing, Inc.' location or switching center. AUTHORIZATION CODE - A numerical code , one or more of which may be assigned to a subscriber, to enable A TX Licensing, Inc. to identify the origin of service user so it may rate and bill the call. All authorization codes shall be the sole property of ATX Licensing, Inc. and no subscriber shall have any property or other right or interest in the use of any particular authorization code. Automatic numbering identification (ANI) may be used as or in connection with the authorization code. AUTOMATIC NUMBERING IDENTIFICATION (ANI)- A type of signaling provided by a local exchange telephone company which automatically identities the local exchange line from which a call originates. CARRIER - Used throughout this tariff to mean ATX Licensing, Inc. COMMON CARRIER - A company or entity providing telecommunications services to the public. HOLIDAY - New Year s Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. LOCAL ACCESS AND TRANSPORT AREA (LATA)The term "Local Access Transport Area" denotes a geographical area within which a local exchange company provides communications services. Issued: February 22 2005 Effective: March 4, 2005 Idaho Public Utilities Commission Bruce Bennett, Vice President - External Affairs Office of the Secretary ATX Licensing, Inc. ACCEPTED FOR FILING 2100 Renaissance Boulevard King of Prussia, PA 19406 MAR 4 - 2005 Boise, Idaho . - ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 10 SECTION 1 - DEFINITION OF TERMS (Con TELECOMMUNICATIONS - The transmission of voice communications or, subject to the transmission capabilities of the service, the transmission of data, facsimile , signaling, metering, or other similar communications. CUSTOMER - The calling party utilizing Carrier s services and responsible for the payment of charges, unless that responsibility has been accepted by others, such as in the case of collect and third party calls. USER DIALED CALLING CARDS CALLS - Calling Card Calls which do not require intervention by an attended operator position to complete. SUBSCRIBER SURCHARGE - A surcharge imposed by the Subscriber, to be paid by the User, for the use of Subscriber s telephone instruments and other facilities in obtaining access to Carrier s services. NON-RESIDENTIAL/COMMERCIAL SERVICE - Telephone service to a location other than a dwelling, except that service to a dwelling used for both residential and commercial purposes shall be considered non-residential/commercial service. DWELLING - A house, apartment or other location where a person resides. RESIDENTIAL SERVICE - Telephone service supplied to a dwelling, including service provided to a location used for both residential and commercial purposes if no concurrent commercial service is provided. The term does not include telephone service provided to a hotel or motel. Issued: February 22, 2005 Effective: March ~o'. 20Q~.mano ""PUuIlC Ot,litles Commission Office of the Secretary Bruce Bennett, Vice President - External Affairs ACCEPTED FOR FILING A TX Licensing, Inc.2100 Renaissance Boulevard MAR 4 -- 2005 King of Prussia, PA 19406 Boise, Idaho j :"':;";:':'"::!'::';;~;;' ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 11 SECTION 2 - RULES AND REGULATIONS Application of Tariff 1 This tariff contains the regulations and rates applicable to resale telecommunications services provided by Carrier for telecommunications between points within the State of Idaho. The aforementioned services are furnished subject to the availability of facilities and subject to the terms and conditions of this tariff. (a) Carrier may, from time to time, offer various enhanced services and information services within the State of Idaho. Such services will be provided pursuant to contract and will not be governed by this tariff. (b) Carrier may also , from time to time , offer switching or transmission to other telecommunications carriers , for resale to such companies customers. The rates for such services will be determined pursuant to contract, to the extent authorized by the Commission , and Section 4 of this tariff will not apply thereto. 2 The services of Carrier are not part of a joint undertaking with any other entity providing telecommunications channels , facilities or services. --- ----- -. - Issued: February 22 2005 Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, PA 19406 Effective: March 4, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 -- 2005 Boise, Idaho A TX Licensing, Inc.ID P.C. TARIFF. No. Original Page 12 SECTION 2 -RULES AND REGULATIONS (Con Application of Tariff (Con 3 The rates and regulations contained in this tariff apply only to services furnished by Carrier and do not apply, unless otherwise specified, to the lines, facilities, or services provided by a local exchange telephone company or other common carrier for use in accessing the services of Carrier. 1.4 Carrier s services are furnished to pre-subscribed authorized Customers. Carrier enters into arrangements with such Customers providing for the availability of Carrier s nationwide services , including the intrastate services offered under the terms and conditions of this tariff. 2 Use of Services 1 Carrier s services may be used for any lawful purpose consistent with the transmission and switching parameters of the telecommunications facilities utilized in the provision of services. 2 The use of Carrier s services to make calls which might reasonably be expected to frighten , abuse, torment or harass another or in such a way as to unreasonably interfere with use by others is prohibited. - - Issued: February 22 2005 Effective: March 4, 2005 Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Iri~l", Public Utilities Commission Office of the Secretary A\;CEPTED FOR FILING MAR 4 - 2005 Boise, Idaho A TX Licensing, Inc.ID P.D.C. TARIFF. No. Original Page 13 SECTION 2 - RULES AND REGULATIONS (Con 2 Use of Services (Con 3 The use of Carrier s services without payment for service or attempting to avoid payment for service by fraudulent means or devices, schemes, false or invalid numbers, or false calling or credit cards is prohibited. 2.4 Carrier s services are available for use twenty-four hours a day, seven days per week. 5 Carrier does not transmit messages pursuant to this tariff, but its services may be used for that purpose. 6 Carrier s services may be denied for nonpayment of charges or other violations of this tariff. 3 Service Availability 1 The Carrier offers services to all those who desire to purchase service with the Carrier consistent with the provisions of this tariff, Customers interested in the Carrier s services shall file a service application with the Carrier which fully identifies the Customer and identifies the services requested. 2 Service is offered subject to the Carrier s ability to technically provide the service requested and subject to the availability of the necessary facilities and/or equipment. Issued: February 22, 2005 Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc, 2100 Renaissance Boulevard King of Prussia, PA 19406 Effective: March 4, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 -- 2005 Boise. ldabo ,. .... -.. ..... .--- .. -- i A TX Licensing, Inc.ID P.C. TARIFF. No. Original Page 14 2.4 Liability of Carrier 2.4.1 Carrier shall not be liable for loss or damage sustained by reason of any failure in or breakdown of facilities associated with Carrier s services whatever shall be the cause of such failure , breakdown , or interruption and whether negligent or otherwise and however long it shall last, In no event shall Carrier s liability for any service exceed the charges applicable under this tariff to such a service. 2.4.2 Carrier shall be indemnified and held harmless by any Customer, user or by any other entity against claims for libel , slander or the infringement of copyright arising from the material transmitted over its services; and against all other claims arising our of any act or omission of a Customer or of any other entity in connection with the services provided by Carrier. 2.4.3 Carrier is not liable for any act or omission of any entity furnishing facilities or services connected with or provided in conjunction with the services of Carrier. 2.4.4 Carrier shall not be liable for any personal injury, or death of any person or persons, and for any loss or damage sustained by reason of acts , mistakes, omissions, errors or defects in providing its services, whatever shall be the cause and whether negligent or otherwise. Issued: February 22 2005 Effective: March 4, 2005 Bruce Bennett, Vice President - External Affairs Idaho Public Utilities Commission A TX Licensing, Inc. Office of the Secretary 2100 Renaissance Boulevard ACCEPTED FOR FILING King of Prussia, PA 19406 MAR 4 - 2005 Boise, Idaho A TX Licensing, Inc.ID P.C. TARIFF. No. Original Page l5 SECTION 2 RULES AND REGULATIONS (Con 2.4 Liability of Carrier (Con 2.4.5 Carrier shall not be liable for and shall be indemnified by any Customer user or other entity from any and all loss, claims , demands , suits, or other action or any liability whatever, whether suffered , made , instituted , or asserted by any Customer, user or any other entity for any personal injury , or death of, any person or persons, and for any loss, damage, defacement or destruction of the premises of any Customer, user or any other entity or any other property whether owned or controlled by the Customer, user, or others, caused or claimed to have been caused , directly or indirectly, by any act or omission of the Customer, user or others , or by any installation of the Customer, user or others or by any installation operation , failure to operate , maintenance, removal, presence , condition location or use of facilities or equipment provided by Carrier which is not the direct result of Carrier s negligence. No agents or employees of any other entity shall be deemed to be the agents or employees of Carrier. 2.4.6 Carrier shall not be liable for any failure of performance due to causes beyond its reasonable control , including, without being limited to , acts of God, fires, floods or other catastrophes , national emergencies, insurrections, riots or wars , strikes , lockouts, work stoppage or other labor difficulties, acts or omissions of other carriers , and any law, order, regulation --- - of-other: action ofan,cgoveming.authority or agency thereof. Issued: February 22 2005 Effective: March 4, 2005 Idaho Public Utilities Commission Bruce Bennett, Vice President - External Affairs Office of the Secretary ATX Licensing, Inc. ACCEPTED FOR FILING 2100 Renaissance Boulevard King of Prussia, P A 19406 MAR 4 - 2005 Boise. Idaho ATX Licensing, Inc.ID P.D.C. TARIFF. No. Original Page 16 SECTION 2 -RULES AND REGULATIONS (Con 2.4 Liabilitv of Carrier (Con 2.4.7 The Carrier shall not be liable for: (a) Unlawful use or use by an unauthorized person of the Carrier facilities and services; (b) Any claim resulting from furnishing, installation , operation maintenance, or removal of facilities at the Customer s premises; (b) Any claim arising out of a breach in the privacy or security of communications transmitted over the Company s facilities; (d) Changes in any of the facilities, operations, services or procedures of the Carrier that render any facilities or services provided by the Customer obsolete, or require modification or alteration of such facilities or services, or otherwise affect their use or performance. The Carrier will endeavor to advise the Customer on a timely basis of such change. 2.4.8 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. 5 Installation Service is installed upon mutual agreement between the customer and the Carrier. The service agreement does not alter the rates specified in the Tariff. Issued: February 22, 2005 Effective: March 4, 2005 Bruce Bennett, Vice President - External Affairs ATX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, PA 19406 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 ~ 2005 Boise, Idaho ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 17 SECTION 2 -RULES AND REGULATIONS (Con 6 Payment for Service 1 The customer is responsible for payment of all charges for services and equipment furnished to the customer or to an Authorized User of the Customer by Carrier. All charges due by the Customer are payable to the Carrier or to any agency duly authorized to received such payments. The billirrg agency may be a localexctlangeTelephor'fEf ccrmpany, .interexcnange carrier, or other billing service. Terms of payment shall be according to the rules of regulations of the agency and subject to the rules of regulatory agencies , such as the Idaho PUC. Any objections to billed charges must be reported to the Carrier within thirty (30) days after receipt of the bill. If no objections are made within that time period , the charges will be considered as correct and undisputed. Adjustments to Customer s bills shall be made to the extent that circumstances reasonably indicated that such changes are appropriate. A late fee of 1.5% monthly will be charges on any past due balances. 2 In the event the Carrier incurs fees and expenses , including attorney s fees, in collecting or attempting to collect any charges owed the Carrier, the Customer will be liable to the Carrier, for the payment of all such fees and expenses reasonably incurred. Issued: February 22, 2005 Effective: March 4, 2005 Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 f!'Ji'-hl1 Public Utilities Commission . _ Office of the Secretary ACCEPTED FOR FlUNG MAR 4 - 2005 Boise. Idaho A TX Licensing, Inc.ID P.C. TARIFF. No. Original Page 18 SECTION 2 - RULES AND REGULATIONS (Con 7 Cancellation by Customer Customer may cancel service by providing thirty (30) days written notice to the Carrier. 8 Interconnection Service furnished by Carrier may be interconnected with the services or facilities of other carriers or private systems. However, service furnished is provided solely by the Carrier and is not a joint undertaking with other parties. - -- - . Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Effective: March 4, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 - 2005 Issued: February 22 2005 Boise, Idaho ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 19 SECTION 2 - RULES AND REGULATIONS (Con 9 Refusal or Discontinuance bv Carrier Carrier may refuse or discontinue service under the following conditions, without incurring any liability for damages due to loss of telephone service to the Customer, provided that , unless otherwise stated , the Customer shall be given ten (10) days notice to comply with any rule or remedy any deficiency: (a) For noncompliance with or violation of any State , municipal or Federal law, ordinance or regulation pertaining to telephone service. (b) For use of telephone service for any other property or purpose than that described in the application. (c) For neglect or refusal to provide reasonable access to Carrier or its agents for the purpose of inspection and maintenance of equipment owned by Carrier or its agents. (d) For noncompliance with or violation of Commission regulation or Carrier s rules and regulations on file with the Commission , provided five (5) days' written notice is given before termination. (e) For nonpayment of bills resulting in balances of over $50.00 (fifty dollars), Carrier reserves the right to terminate/suspend service upon the following conditions: (i) Residential customers: Suspension and/or termination of service shall not be made without five (5) days' written notice to the Customer except in extreme cases. (ii) Nonresidential customers: Suspension and/or termination of service shall not be made without twenty-four hours notice to the Customer except in extreme cases. (f) Immediate suspension or termination , without notice, in the event of Customer or Authorized User use of equipment in such a manner as to adversely affect Carrier s equipment or services to others. Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Effective: March 4, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 -- 2005 Issued: February 22, 2005 Boise, Idaho ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 20 SECTION 2 - RULES AND REGULATIONS (Con 9 Refusal or Discontinuance of Carrier (Con (g) In the event of tampering with the equipment or services owned by Carrier or its agents. (h) For failure or refusal to provide the Carrier with a deposit or advance payment to insure payment of bills in accordance with the Carrier regulations or failure to meet the Carrier s credit requirements, (See Section 2.13 of this Tariff for the Carrier s current deposit payment practices. (i) Immediate suspension or termination, without notice, in the event of unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, Carrier may, before restoring service, require the Customer to make, at his or her own expense, all changes in facilities or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the loss in revenue resulting from such fraudulent use. U) Without notice by reason of any order or decision of the court or other government authority having jurisdiction which prohibits Carrier from furnishing such service. (k) For periods of inactivity over sixty (60) days. (I) For failure of the Customer to make proper application for service. Issued: February 22 2005 Effective: March 4, 2005 Idaho Public Utilities Commission Bruce Bennett, Vice President - External Affairs Office of the Secretary ATX Licensing, Inc. ACCEPTED FOR FILING 2100 Renaissance Boulevard King of Prussia, P A 19406 MAR 4 - 2005 Boise, Idaho A TX Licensing, Inc.ID P.C. TARIFF. No. Original Page 21 SECTION 2 -RULES AND REGULATIONS (Con 9 Refusal or Discontinuance of Carrier (Con (m) Observance Of Internet Protocol Customer shall observe all GANP (Generally Accepted Net Protocol) including but not limited to those relating to: (a) sales practices , including the prohibitions against mass unsolicited e-mail distributions (also known as "spamming ), and overt, direct advertising on discussion boards/newsgroups); (b) offensive flame wars (negative , inflammatory messages); (c) using alternate Internet access facilities from other service providers to route IP addresses furnished by Carrier or any of its backbone providers which is prohibited , and/or (d)any other behavior which reasonably could be considered harassment, including but not limited to foul language , impersonating another user or other individuals/entities and other items. The Customer agrees to be held liable for Customer actions and how they are interpreted by other Customers of the Internet In the event that Customer violates the aforementioned Internet protocol the Customer s account may be terminated immediately at the sole discretion of Carrier without written , verbal or electronic notice and Customer will be subject to any and all remedies available to Carrier and/or its backbone providers. Furthermore, Carrier may charge, and Customer agrees to pay, for all time and effort, costs and expenses including reasonable attorney s fees , that Carrier spends on enforcing this Internet policy. Issued: February 22, 2005 Effective: March 4, 2005 Idaho Public Utilities Commission Bruce Bennett, Vice President - External Affairs Office of the Secretary ATX Licensing, Inc. ACCEPTED FOR FlUNG 2100 Renaissance Boulevard King of Prussia, P A 19406 MAR 4- ZO05 Boise, Idaho ATX Licensing, Inc.ID P.c. TARIFF. No. Original Page 22 SECTION 2 -RULES AND REGULATIONS (Con 10 Interruption of Service Credit allowances for interruptions of service which are not due to the Carrier s testing or adjusting, to the negligence of the Customer, or to the failure of channels, equipment or communications systems provided by the Customer, are subject to the general liability provisions set forth in Section 2.4 , herein. Whenever service to any customer is inoperative, for reasons other than those stated above , and the service remains inoperative for more than twenty-four (24) consecutive hours after being reported by the customer or having been found to be interrupted by the Carrier, the Carrier shall refund, upon request of the customer, the prorated part of that month's monthly charge(s) for the period of days during which the telephone service was not provided. The maximum credit during a single billing period shall not exceed the amount of toll charges and monthly recurring charges. The Carrier shall have no liability for interruptions due to the negligence of the Customer, or the failure of Customer provided equipment and facilities. Interruptions caused by Customer-provided or Carrier provided automatic dialing equipment are not deemed an interruption of service as defined herein since the Customer has the option of using the long distance network via local exchange company access. Carrier shall have no other liability for service interruptions. 11 Inspection. Testinq and Adiustment Upon reasonable notice, the facilities provided by the Carrier shall be made available to the Carrier for tests and adjustments as deemed necessary by the Carrier for maintenance. No interruption allowance will be granted for the time during which such tests and adjustments are made. Issued: February 22 2005 Bruce Bennett, Vice President - External Affairs ATX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Effective: March 4, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 -- 2005 Boise, Idaho A TX Licensing, Inc.ID P.c. TARIFF. No. Original Page 23 SECTION 2 - RULES AND REGULATIONS (Con 12 Contested Charqes All bills are presumed accurate , and shall be absolutely binding on the Customer unless objection is received by the Carrier within thirty (30) days after such bills are rendered. Billing disputes shall be processed by the Carrier consistent with Commission regulations. Customers unsatisfied with the Carrier s handling of a dispute may contact the Commission s Bureau of Consumer Affairs. 13 Deposits If the Company can prove that the Customer is likely to be a credit risk or to damage property of the Company, the Customer shall make a deposit before a service is furnished or continued. (SEE IDAPA 31.41., RULE 101.) Such deposit shall be held as a guarantee for the payment of charges. The Company may require such a deposit if the Company considers this action necessary to safeguard its interests. The deposit shall not exceed two (2) months' charges for local exchange service. 13.1 Interest on deposits held shall be payable and accrued at a rate set by the Idaho PUC under the provisions of IDAPA 31.41.01.106 13.2 When a service is discontinued the amount of any deposit held by the Company, plus accrued interest, will be applied to the Customer s account and any credit balance remaining will be refunded. 13.3 Customer s deposit will be returned, with accrued interest , when the customer has maintained good credit by making payments for all undisputed amounts due the Company before temporary or permanent disconnection for twelve (12) months. Any deposit, plus accrued interest, may be applied to the Customer s telephone account following completion of twelve months' satisfactory payment Issued: February 22 2005 Effective: March 4, 2005Ir!~h, P'lhP;:; Utilities Commission 'ii':;!;) of the SecretaryBruce Bennett, VIce ~resI~ent - External AffaIrs A\""vEPTED FOR FILINGA TX Llcensmg, Inc.2100 Renaissance Boulevard MAR 4 - 2005 King of Prussia, P A 19406 Boise. Idaho A TX Licensing, Inc.ID P.C. TARIFF. No. Original Page 24 SECTION 2 - RULES AND REGULATIONS (Con 14 Returned Checks The Carrier will charge a fee for returned checks (NSF). The fee shall be $20., or the face value of the check, which ever is the lesser, in accordance with Commission rules. 15 Taxes Direct pass through charges, access fees, mandatory common carrier fees and charges , governmental surcharges and fees, and all federal , state and local taxes (i.e. gross receipts tax, sales tax, municipal utilities tax) are listed as separate bill items and are not included in the rates. 16 Advance Payments For Customers whom the Carrier feels an advance payment is necessary, Carrier reserves the right to collect an amount not to exceed one (1) month's estimated charges. This will be applied against the next month' charges and a new advance payment may be collected the following month. .- -..-.------ - Issued: February 22 2005 Effective: March 4, 2005 Idaho Public Utilities Commission Bruce Bennett, Vice President - External Affairs Office of the Secretary ATX Licensing, Inc. ACCEPTED FOR FILING 2100 Renaissance Boulevard King of Prussia, P A 19406 MAR 4- 2005 Boise, Idaho A TX Licensing, Inc.ID P.C. TARIFF. No. Original Page 25 SECTION 2 -RULES AND REGULATIONS (Con 17 Billinq Arranqements 17.1. Collect. Callinq Card and Third Partv Calls Charges for calls of this type will be included on the User s or called or third party s regular home or business telephone bill pursuant to billing and collection agreements established by Carrier or its intermediary with the applicable telephone company. 17.2. Credit Cards Calls Charges for credit card calls will be included on the User s regular monthly statement from the card-issuing company. 18 Validation of End User Credit Carrier reserves the right to validate the credit worthiness of Users through available credit card , calling card , calling number and room number verification procedures. Where a requested billing method cannot be validated , the User may be required to provide an acceptable alternative billing method or Carrier may refuse to place the call. - - -.-- .. -- --- - n - - Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Effective: March 4, 2005 IdRho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 - ZO05 Issued: February 22 2005 Boise. Idaho ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 26 SECTION 3 - DESCRIPTION OF SERVICE 1 Timinq and Billinq of Calls 1.4. Billing for certain calls placed over the Carrier s network is based on the duration , distance and time of day of the call. Timing of each call begins as specified below, and ends when the called party hangs up. Timing of each such call begins as specified below, determined by standard industry methods generally in use for ascertaining answer including hardware answer supervision in which the local telephone company sends a signal to the Switch. Collect Calls - Timing begins when the called party accepts the responsibility for payment Person-to-Person Calls (other than Collect) - Timing begins when the designated party comes on the line, or when the caller agrees to speak with a substitute party. All Other Calls - Timing begins when the called station is answered , as determined by standard industry methods generally in use for ascertaining answer, including hardware answer supervision. Issued: February 22 2005 Effective: March 4, 2005 Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4- 2005 Boise, Idaho A TX Licensing, Inc.ID P.C. TARIFF. No. Original Page 27 2 Calculation of Distance Where charges for a service are specified based upon distance, the following rules apply: Distance between two points is measured as airline distance between the rate centers of the originating and terminating telephone lines. The rate center is a set of geographic coordinates , as referenced in the Local Exchange Routing Guide issued by Bellcore, associated with each NPA- NXX combination (where NPA is the area code and NXX is the first three digits of a seven-digit telephone number). Where there is no telephone number associated with an access line on the Company s network (such as a dedicated 800 or WATS access line), the Company will apply the rate center of the Customer s main billing telephone number. The airline distance between any two rate centers is determined as follows: Obtain the "V" (vertical) and "H" (horizontal) coordinates for each Rate Center from the above-referenced Bellcore document. Compute the difference between the "V" coordinates of the two rate centers; and the difference between the two "H" coordinates. Square each difference obtained in 3.B above. Add the square of the "V" difference and the square of the " difference obtained in step 3.C above. Divide the sum of the squares by 10. Round to the next higher whole number if any fraction is obtained. Obtain the square root of the whole number result obtained above. Round to the next higher whole number if any fraction is obtained. This is the airline mileage. FORMULA = (V1- V2)2 + (H1 H2J' Issued: February 22, 2005 Effective: March 4, 2005 Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, PA 19406 Irl~h" Public Utilities Commission OHice of the Secretary ACCEPTED FOR FILING MAR 4 - 2005 Boise, Idaho ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 28 SECTION 3 -DESCRIPTION OF SERVICE (Con 3 Services OfferinQs Carrier s offers and provides numerous products including: WATS - product providing users with services over regular or enhanced facilities and circuits, with distance sensitive rates which ensure optimal savings at higher calling volumes. 800 -product providing users with services over regular or enhanced facilities and circuits , noted for superior end user service, calling cost savings and options for customizing 800 numbers. Travel Card - product providing users with travel card services via customized 800 numbers , with cost effective rates and volume discounts services to Subscriber and Users to whom services are provided. IntraLATA Toll InterLATA Toll Additionally, Carrier offers operator assisted services which consist of the provision of collect, approved telephone company calling card , credit card, room charge , billed to a third number (third party) and person to person call services provided to users pursuant to arrangements established by Carrier s Subscribers Service is available on a full time basis , twenty four (24) hours a day, seven (7) days a week. The applicable rates for these services are set forth in Section 4 of this tariff. Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Effective: March 4, 2005 Idaho ~~blic Utilities Commission Orflce of the Secretary ACCEPTED FOR FILING MAR 4 - 2005 Issued: February 22 2005 Boise, Idaho ATX Licensing, Inc.ID P.u.e. TARIFF. No. Original Page 29 SECTION 4 -RATES 1 Rate Descriptions This section sets forth the rates and charges applicable to the Carrier general services offering. 2 The total charge for certain completed call is dependent on the duration distance and time of day of the call. The usage charge element is specified as a rate per time increment which applies to each time increment of call duration. 2 Each such completed call will be billed based upon a minimum initial call duration with additional fractional use being rounded up to the next full time increment. Calls originating in one time period and terminated in another will be rated according to the portion of the call applicable to each time period. 1.4 Charges for services which are not distance or time sensitive shall be billed according to call duration. - --- --.---- -. - - - - _u Issued: February 22, 2005 Effectivrrl~MJfffiic iJt~i9i9? Commission Office or the Secretary Bruce Bennett, Vice President - External Affairs ACCEPTED FOR FILING A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 MAR 4 - 2005 Boise, Idaho ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 30 SECTION 4 -RATES (Con Usaqe Charqes: Inbound/Outbound Domestic WATS - Dedicated Uniform Rate Period:All calls , placed at any time , will be billed at the following uniform rate: Term 1 Year 2 Year 3 Year Canadian Origination Rate $0.0690 $0.0625 $0.0590 $0.1500 30 second minimum/6 second increment billing Minimum 1 year term plan. PICC - The monthly recurring charge from the underlying carrier will be passed along as a $3.20 per month charge. Each toll free number will be billed $4.00 per month. Usaqe Charqes: Inbound/Outbound Domestic WATS - Switched Term 1 Year- 2 Year 3 Year Canadian Origination Rate . . --------- $-0.06-90_ $0.0625 $0.0590 $0.1500 30 second minimum/6 second increment billing Minimum 1 year term plan. PICC - The monthly recurring charge from the underlying carrier will be passed along as a $3.20 per month charge. Each toll free number will be billed $4.00 per month. Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Effective: March 4, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 -- 2005 Issued: February 22 2005 Boise, Idaho - .. . " A TX Licensing, Inc.ID P.c. TARIFF. No. Original Page 31 4.4 Usaqe Charqes: Domestic Corporate Travel Service Standard Rate:$0.26 per minute Calls to Canadian and International Destinations: $0.75 surcharge per call Standard travel pricing applies to all other call card calls Full Minute Billing Issued: February 22 , 2005 Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Effective: March 4, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 - 2005 Boise, Idaho ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 32 SECTION 4 -RATES (Con Usaqe Charqes: Directory Assistance Uniform Rate Period:AlllntraLATA, Intrastate Directory Assistance calls, placed at any time, will be billed at the following uniform rate:: Rate Element Local Directory Assistance - per local call National Directory Assistance - per local call National Directory Assistance - per LD/8XX call Cost per Call $0. $0. $1 .48 6 Account Codes Verifiable Account Codes Codes are available for both Dedicated and Switched Long Distance customers. They are available in lengths of 2-12 digits on-switch, and 2- 5 digits off-net. . A customer will be charged a $5.00 fee per account/per month and a one-time installation fee of $15.00. 0 Non-Verifiable Account Codes Codes are available for both Dedicated and Switched Long Distance customers. They are available in lengths of 2-12 digits on-switch , and 2- 5 digits off-net. . A customer will be charged a $5.00 fee per account/per month and a one-time installation fee of $15.00. Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Effective: March 4, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAR 4 -- ZO05 Issued: February 22, 2005 Boise, Idaho ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 33 SECTION 5- National Access and Federal Universal Service 1 National Access Fee (End User Common Line Charqe/EUCL) The National Access fee establishes a monthly per-line access charge. The fee pays local phone companies for the access to their networks, and it is imposed on all businesses and residences presubscribed to Interexchange Carriers National Access will be imposed as follows: Service Type Monthlv Charae Single-Line Business $4.60 per line Multi-Line Business $4.70 per line Centrex $4.70 per line Primary Residential $6.50 per line Non-Primarv Residential $6.50 per line ISDN BRI $4.64 per facility ISDN PRI $22.90 per facility 2 Federal Universal Service The Universal Service Fee (USF) recovers the Telephone Company contribution to various federal universal service funds. The Telephone Company will apply the USF Fee through a monthly surcharge applied to the total billed charges for interstate access services ordered by end users , as described below. The FUSF Revenue Surcharge will be determined by multiplying the contribution factor determined by the FCC , by the end user s total interstate access services charges at the billing account level. The FCC contribution factor for the current quarterly period can be found on the FCC website at the following URL: http://www.fcc.gov/wcb/universaLservice/quarter.html The Administrative Fee recovers the costs of administering certain programs, including, but not limited to , the Universal Service Fund and Telecommunications Relay Service fund. The Administrative Fee is charged at a flat 2% rate of all taxable billed amounts. Issued: February 22 2005 Effective: March 4, 2005 Idaho Public Utilities Commission Bruce Bennett, Vice President - External Affairs Office of the SecretaryATX Licensing, Inc. ACCEPTED FOR FILING 2100 Renaissance Boulevard King of Prussia, P A 19406 MAR 4 - 2005 Boise, Idaho ATX Licensing, Inc.ID P.C. TARIFF. No. Original Page 34 SECTION 6- PAYPHONE SURCHARGE 1 PA YPHONE SURCHARGE The Payphone Surcharge shall apply to each coinless call placed by a Customer that is identified by the Company as placed from a domestic payphone by the Customer or its permitted users. This charge is for the use of the payphone instrument to access the Company s services. Additionally, a per call surcharge shall apply to all calls to the Customer 800/877/888 number that originate from a payphone. Payphone Use Charge: $0.65 per call Issued: February 22, 2005 Bruce Bennett, Vice President - External Affairs A TX Licensing, Inc. 2100 Renaissance Boulevard King of Prussia, P A 19406 Effective: March 4, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG MAR 4 - 2005 Boise. Idaho A TX Licensing, Inc.ID P.C. TARIFF. No. Original Page 35 SECTION 7- GUARANTEED SAVINGS PLANTM PROGRAM The Guaranteed Savings Plan Program is offered , at the sole discretion of Carrier, to Carrier s business customers and/or potential business customers who meet certain minimum usage thresholds, In order to qualify for this program the applicable customer must submit and pass any and all Carrier credit requirements, execute a Service Authorization Form and a Guaranteed Savings Plan Program Agreement and commit to a minimum service term. Carrier, at its sole option , will determine the rates, discounts, service terms and any and all other terms and conditions. - - ---~...-- ---- Issued: February 22, 2005 Effective: March 4, 2005 Idaho Public Utilities Commission Bruce Bennett, Vice President - External Affairs Office of the Secretary ATX Licensing, Inc. ACCEPTED FOR FILING 2100 Renaissance Boulevard King of Prussia, P A 19406 MAR 4 - ZO05 Boise. Idaho