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HomeMy WebLinkAboutAccess Point Inc.pdfAccess Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 1 Issued:05/19/04 Effective:OS/29/04 (This tariff, Idaho Tariff No. cancels and replaces in its entirety, the current tariff on file, Idaho Tariff No. TITLE SHEET IDAHO TELECOMMUNICATIONS TARIFF This tariff contains the descriptions, regulations, and rates applicable to the furnishing of service or facilities for Telecommunications Services furnished by Access Point, Inc. API"), with principal offices at 1100 Crescent Green, Suite 109, Cary, North Carolina 27511. This tariff applies for services furnished within the State of Idaho. This tariff is on file with the Idaho Public Utilities Commission, and copies may be inspected, during normal business hours, at the company s principal place of business. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise, Idaho ' ...~'- IDiO401 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 2 Issued:05/19/04 Effective:OS/29/04 CONCURRING, CONNECTING OR OTHER PARTICIPATING CARRIERS AND BILLING AGENTS Concurring Carriers - None Connecting Carriers - None Other Participating Carriers - None Billing Agents - None Id.aho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise, Idaho IDiO4 0 1 IDi0901 Access Point, Inc. Idaho Tariff No. 2 1100 Crescent Green, Suite 109 3rd Revised Page 3 Cary, North Carolina 27518 Cancels 2nd Revised Page 3 Issued by: Jason Brown, Regulatory Affairs Issued: January 21, 2009 Effective: January 31, 2009 CHECK SHEET Pages listed below, inclusive of this tariff, are effective as of the date shown at the bottom of the respective sheet(s). Original and revised pages as named below comprise all changes from the original tariff and are currently in effect as of the date on the bottom of this page. PAGE REVISION PAGE REVISION 1 Original 21 Original 2 Original 22 Original 3 3rd Rev. * 23 Original 4 Original 24 Original 5 Original 25 Original 6 1st Rev. 26 Original 7 Original 27 Original 8 Original 28 Original 9 Original 29 1st Rev. 10 Original 30 1st Rev. 11 Original 31 1st Rev. 12 Original 32 1st Rev. 13 Original 33 1st Rev. 14 Original 34 1st Rev. 15 Original 35 Original 16 Original 36 Original 17 Original 37 Original 18 1st Rev. 38 Original 19 Original 20 1st Rev. 20.1 1st Rev. * * - Indicates pages included with this filing. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING January 31, 2009 Boise, Idaho Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 4 Issued:05/19/04 Effective:OS/29/04 TABLE OF CONTENTS Title Sheet Concurring, Connecting or Other Participating Carriers and Billing Agents Check Sheet Table of Contents Tariff Format Tracking and Contact Information bge Section 1 - Technical Tenns and Abbreviations Section 2 - Rules and Regulations Undertaking of the Company Use of Services Liability of the Company2.4 Responsibilities of the Customer Cancellation or Interruption of Service Credit Allowance Restoration of Service Deposit Advance Payments 10 Reserved for Future Use 11 Collection Costs 12 Taxes 2.13 Late Charge 14 Returned Check Charge 15 Reconnection Charge Section 3 - Description of Service Computation of Charges Customer Complaints and/or Billing Disputes3.3 Level of Service3.4 Billing Entity Conditions Service Offerings Section 4 - Rates Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise, Idaho -0",----. .._.. . IDiO4 0 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 5 Issued:05/19/04 Effective:OS/29/04 TARIFF FORMAT Page Numbering - Sheet numbers appear in the upper right corner of the page. Sheets are numbered sequentially. However, new sheets are occasionally added to the tariff. When a new sheet is added between sheets already in effect, a decimal is added. For example, a new sheet added between sheets 14 and 15 would be 14. Page Revision Numbers -Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current sheet version on file with the Commission. For example, the 4th revised Sheet 14 cancels the 3rd revised Sheet 14. Because of various suspension periods, deferrals, etc., the most current sheet number on file with the Commission is not always the tariff page in effect. Consult the Check Sheet for the sheet currently in effect. Paragraph Numbering Sequence -There are nine levels of paragraph coding. Each level of coding is subservient to its next higher level: 1.1. 1.1.A. 2. 1. LA. 1. 2. 1. l.A.1.(a). (a).I. (a).I.(i). (a).I.(i).(1). 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 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., 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 page is the most current on file with the Commission. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise, Idaho "'-'", IDiO4 0 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued:06/18/04 TRACKING The following are the only sYmbols used for the purposes indicated below: (C) (D) (I) (M) (N) (R) (S) (T) to signify change in regulation to signify a deletion to signify a rate increase to signify material relocated in the tariff to signify a new rate or regulation to signify a rate reduction To signify reissued matter to signify a change in text, but no change in rate or regulation CONTACT INFORMATION Customer complaints, bill inquiry, new service or disconnect requests: 1100 Crescent Green, Suite 109 Cary, NC 27511 Toll Free: 1-800-957-6468 Commission contact - tariff information: Craig Neeld, Consultant to Access Point, Inc. Technologies Management, Inc. 210 N. Park Avenue Winter Park, FL 32789 407- 740-8575 Commission contact - complaints: Kaye Davis 1100 Crescent Green, Suite 109 Cary, NC 27511 Toll Free 1-800-957-6468 Idaho Agent: National Registered Agents, Inc. 512 West Bannock Boise, Idaho 83702 208-344-8400 Idaho Tariff No. 2 1 st Revised Page 6 Cancels Original Page 6 Effective:06/28/04 (C) (N) Ideho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILiNG JUN 282004 Boise, IMho IDiO402 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 7 Issued:05/19/04 Effective:OS/29/04 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS Access Line - An arrangement from a local exchange telephone company or other common carrier, using either dedicated or switched access, which connects a Customer s location to API's location or switching center. Authorization Code - A numerical code, one or more of which may be assigned to a Customer, to enableAPI to identify the origin of the Customer so it may rate and bill the call. Automatic number identification (ANI) is used as the authorization code wherever possible. Commission - Used throughout this tariff to mean the Idaho Public Utilities Commission. Customer - The person, firm, corporation or other legal entity which orders the services of API or purchases an API Prepaid Calling Card and/or originates prepaid calls using such cards, and responsible for the paYment of charges and for compliance with the Company s tariff regulations. Company or API - Used throughout this tariff to mean Access Point, Inc., a North Carolina corporation. Holiday - New Year s Day, ML King s Birthday , President's Day, Memorial Day , Independence Day, Labor Day, Columbus Day, Veteran s Day, Thanksgiving Day and Christmas Day. Holidays shall billed at the off peak rates. *On federally observed day Prepaid Account - An inventory of Telecom Units purchased in advance by the Customer, and associated with one and only one Authorization Code as contained in a specific Prepaid Calling Card. Prepaid Calling Card - A card issued by the Company, containing an Authorization Code which identifies a specific Prepaid Account of Telecom Units, which enables calls to be processed, account activity to be logged, and balances to be maintained, on a prepaYment basis. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise, Idaho ~..,_._.. . IDiO4 0 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 8 Issued:05/19/04 Effective:OS/29/04 SECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS, (CONT' Telecom Unit - A measurement of telecommunications service equivalent to one minute of usage between any two points within the State of Idaho. Telecommunications - The transmission of voice communications or, subject to the transmission capabilities of the services, the transmission of data, facsimile, signaling, metering, or other similar communications. Underlying Carrier - The telecommunications carrier whose network facilities provide the technical capability and capacity necessary for the transmission and reception of Customer telecommunications traffic. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise, Idaho "--'~"O" IDiO4 0 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 9 Issued:05/19/04 Effective:OS/29/04 SECTION 2 - RULES AND REGULATIONS Undertaking of the Company This tariff contains the regulations and rates applicable to intrastate resale telecommunications services provided by API for telecommunications between points within the State of Idaho. Resale services are furnished subject to the availability of facilities and subject to the terms and conditions of this tariff in compliance with limitations set forth in the Commission s rules. The Company s services are provided on a statewide basis and are not intended to be limited geographically. The Company offers service to all those who desire to purchase service from the Company consistent with all of the provisions of this tariff. Customers interested in the Company s services shall file a service application with the Company which fully identifies the Customer, the services requested and other information requested by the Company. The Company reserves the right to examine the credit record and check the references of all applicants and Customers prior to accepting the service order. The service application shall not in itself obligate the Company to provide services. The Company may act as the Customer agent for ordering access connection facilities provided by other carriers or entities when authorized by the Customer, to allow connection of a Customer s location to a service provided by the Company. The Customer shall be responsible for all charges due for such service arrangement. The Company does not own any switching, transmission or other physical facilities in Idaho. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise, Idaho "- ---- . IDiO4 01 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued: Idaho Tariff No. 2 Original Page 10 05/19/04 Effective:OS/29/04 SECTION 2 - RULES AND REGULATIONS, (CONT' Undertaking of the Company, (Cont' 1.1 1.2 1.3 The services provided by API are not part of a joint undertaking with any other entity providing telecommunications channels, facilities, or services, but may involve the resale of the Message Toll Services (MTS) and Wide Area Telecommunications Services (W ATS) of underlying common carriers subject to the jurisdiction of this Commission. The rates and regulations contained in this tariff apply only to the resale services furnished by API and do not apply, unless otherwise specified, to the lines, facilities, or services provided by a local exchange telephone company or other common carriers for use in accessing the services of API. The Company reserves the right to limit the length of communications, to discontinue furnishing services, or limit the use of service necessitated by conditions beyond its control, including, without limitation: lack of satellite or other transmission medium capacity; the revision, alteration or repricing of the Underlying Carrier tariffed offerings; or when the use of service becomes or is in violation of the law or the provisions of this tariff. Use of Services API'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, subject to any limitations set forth in this Section 2. The use of API'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. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOH FILING MAY 292004 Boise, Idaho -._._~. IDiO4 0 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued: Idaho Tariff No. 2 Original Page 05/19/04 Effective:OS/29/04 SECTION 2 - RULES AND REGULATIONS, (CONT' Use of Services, (Cont' The use of API'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. API's services are available for use 24 hours per day, seven days per week. API does not transmit messages, but the services may be used for that purpose. API's services may be denied for nonpaYment of charges or for other violations of this tariff. Customers shall not use the service provided under this tariff for any unlawful purpose. The Customer is responsible for notifying the Company immediately of any unauthorized use of services. Liability of the Company The Company shall not be liable for any claim, loss, expense or damage for any interruption, delay, error, omission, or defect in any service, facility or transmission provided under this tariff, if caused by the Underlying Carrier, an act of God, fire, war civil disturbance, act of government, or due to any other causes beyond the Company control. The Company shall not be liable for, and shall be fully indemnified and held harmless by the Customer against any claim, loss, expense, or damage for defamation, libel, slander invasion, infringement of coPYright or patent, unauthorized use of any trademark, trade name or service mark, proprietary or creative right, or any other injury to any person property or entity arising out of the material, data or information transmitted. No agent or employee of any other carrier or entity shall be deemed to be an agent or employee of the Company. Idaho Public Utilities Commission Office of the Secretary ACC PTED FOR FILING MAY 292004 Boise, Idaho -_._.,.~- . ... 1DiO401 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued: Idaho Tariff No. 2 Original Page 12 05/19/04 Effective:OS/29/04 SECTION 2 - RULES AND REGULATIONS, (CONT' Liability of the Company, (Cont' 3.4 The Company s liability for damages, resulting in whole or in part from or arising in connection with the furnishing of service under this tariff, including but not limited to mistakes, omissions, interruptions, delays, errors, or other defects or misrepresentations shall not exceed an amount equal to the charges provided for under this tariff for the long distance call for the period during which the call was affected. No other liability in any event shall attach to the Company. The Company shall not be liable for and shall be indemnified and saved harmless by any Customer or by any other entity from any and all loss, claims, demands, suits, or other action or any liability whatsoever, whether suffered, made, instituted, or asserted by any Customer or any other entity for any personal injury to, or death of, any person or persons, and for any loss, damage, defacement or destruction of the premises of any Customer or any other entity or any other property whether owned or controlled by the Customer or others. The Company shall not be liable for any indirect, special, incidental, or consequential damages under this tariff including, but not limited to, loss of revenue or profits, for any reason whatsoever, including the breakdown of facilities associated with the service, or for any mistakes, omissions, delays, errors, or defects in transmission occurring during the course of furnishing service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise, Idaho ~~_._-_ IDiO4 0 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued: Idaho Tariff No. 2 Original Page 13 05/19/04 Effective:OS/29/04 SECTION 2 - RULES AND REGULATIONS, (CONT' Liability of the Company, (Cont' The remedies set forth herein are exclusive and in lieu of all other warranties and remedies whether express, implied or statutory, INCLUDING WITHOUT LIMIT A TION IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A P ARTICULAR PURPOSE. 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' responsibility to determine the validity of the exculpatory clauses. Responsibilities of the Customer 2.4. The Customer is responsible for placing any necessary orders and complying with tariff regulations. The Customer is also responsible for the paYment of charges for services provided under this tariff. The Customer is responsible for charges incurred for special construction and/or special facilities which the Customer requests and which are ordered by API on the Customer behalf. If required for the provision of API's services , the Customer must provide any equipment space, supporting structure, conduit and electrical power without charge to API. The Customer is responsible for arranging access to its premises at times mutually agreeable to API and the Customer when required for API personnel to install, repair maintain, program, inspect or remove equipment associated with the provision of API's servIces. The Customer shall cause the temperature and relative humidity in the equipment space provided by Customer for the installation of API's equipment to be maintained within the range normally provided for the operation of microcomputers. Idaho Public Utilities Commission Office oJ the Secretary ACCEPTED FOR FILING MAY 292004 Boise, Idaho IDiO401 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued: Idaho Tariff No. 2 Original Page 14 05/19/04 Effective:OS/29/04 SECTION 2 - RULES AND REGULATIONS, (CONT' Responsibilities of the Customer, (Cont' 2.4. 2.4. The Customer shall ensure that the equipment and/or system is properly interfaced with API's facilities or services , that the signals emitted into API's network are of the proper mode, bandwidth, power and signal level for the intended use of the subscriber and in compliance with criteria set forth in this tariff, and that the signals do not damage equipment, injure personnel, or degrade service to other Customers. If the Federal Communications Commission or some other appropriate certifying body certifies terminal equipment as being technically acceptable for direct electrical connection with interstate communications service, API will permit such equipment to be connected with its channels without the use of protective interface devices. If the Customer fails to maintain the equipment and/or the system properly, with resulting imminent harm to API equipment, personnel or the quality of service to other Customers, API may, upon written notice, require the use of protective equipment at the Customer s expense. If this fails to produce satisfactory quality and safety, API may, upon written notice, terminate the Customer s service. The Customer must pay API for replacement or repair of damage to the equipment or facilities of API caused by negligence or willful act of the Customer or others, by improper use of the services, or by use of equipment provided by Customer or others. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 29 2004 Boise, Idaho IDiO4 0 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page Issued:05/19/04 Effective:OS/29/04 SECTION 2 - RULES AND REGULATIONS, (CONT' 2.4 Responsibilities of the Customer, (Cont' The Customer must pay for the loss through theft of any API equipment installed at Customer s premises. 2.4.If API installs equipment at Customer s premises, the Customer shall be responsible for paYment of any applicable installation charge. 2.4.10 The Customer must use the services offered in this tariff in a manner consistent with the terms of this tariff and the policies and regulations of all state, federal and local authorities having jurisdiction over the service. Cancellation or Interruption of Services Without incurring liability, upon five (5) working days' (defined as any day on which the company s business office is open and the U.S. Mail is delivered) written notice to the Customer, API may discontinue services 24 hours after an attempt at personal contact or may withhold the provision of ordered or contracted services: 1.A For nonpaYment of any sum due API for more than thirty (30) days after issuance of the bill for the amount due B For violation of any of the provisions of this tariff 1.C For violation of any law, rule, regulation, policy of any governing authority having jurisdiction over API's services, or 1.D By reason of any order or decision of a court, public service commission or federal regulatory body or other governing authority prohibiting API from furnishing its services. Id~ho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 2 9 2004 Boise, Idaho IDiO4 0 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued: Idaho Tariff No. 2 Original Page 16 05/19/04 Effective:OS/29/04 SECTION 2 - RULES AND REGULATIONS, (CONT' Cancellation or Interruption of Services, (Cont' Without incurring liability, API may interrupt the provision of services at any time in order to perform tests and inspections to assure compliance with tariff regulations and the proper installation and operation of Customer and API's equipment and facilities and may continue such interruption until any items of noncompliance or improper equipment operation so identified are rectified. Service may be discontinued by API without notice to the Customer, by blocking traffic to certain countries, cities or NXX exchanges, or by blocking calls using certain Customer authorization codes when API deems it necessary to take such action to prevent unlawful use of its service. API will restore service as soon as it can be provided without undue risk, and will, upon request by the Customer affected, assign a new authorization code to replace the one that has been deactivated. The Customer may terminate service upon thirty (30) days written notice for the Company s standard month-to-month contract. Customer will be liable for all usage on any of the Company s service offerings until the Customer actually leaves the service. Customers will continue to have Company usage until the Customer notifies its local exchange carrier and changes its long distance carrier. Until the Customer so notifies its local exchange carrier, it shall continue to generate and be responsible for long distance usage. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOH FiLING MAY 292004 Boise, Idaho IDiO401 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued: Idaho Tariff No. 2 Original Page 17 05/19/04 Effective:OS/29/04 SECTION 2 - RULES AND REGULATIONS, (CONT' Credit Allowance Credit allowance for the interruption of service which is not due to the Company s testing or adjusting, negligence of the Customer, or to the failure of channels or equipment provided by the Customer, are subject to the general liability provisions set forth in 2. herein. It shall be the obligation of the Customer to notify the Company immediately of any interruption in service for which a credit allowance is desired. Before giving such notice, the Customer shall ascertain that the trouble is not being caused by any action or omission by the Customer within his control, or is not in wiring or equipment, if any, furnished by the Customer and connected to the Company s facilities. No credit is allowed in the event that service must be interrupted in order to provide routine service quality or related investigations. Credit for failure of service shall be allowed only when such failure is caused by or occurs due to causes within the control of the Company or in the event that the Company is entitled to a credit for the failure of the facilities of the Company s Underlying Carrier used to furnish service. Credit for interruption shall commence after the Customer notifies the Company of the interruption or when the Company becomes aware thereof, and ceases when service has been restored. For purposes of credit computation, every month shall be considered to have 720 hours. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise, Idaho IDiO401 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 1 st Revised Page 18 Cancels Original Page 18 Issued:06/18/04 Effective:06/28/04 SECTION 2 - RULES AND REGULATIONS, (CONT' Credit Allowance, (Cont' No credit shall be allowed for an interruption of a continuous duration of less than two hours. The Customer shall be credited for an interruption of two hours or more at the rate 1I720th of the monthly charge for the facilities affected for each hour or major fraction thereof that the interruption continues. Credit Formula: Credit = A x B 720 A" - outage time in hours B" - monthly charge for affected activity Restoration of Service The use and restoration of service shall be in accordance with the priority system specified in part 64, Subpart D of the Rules and Regulations of the Federal Communications Commission. Deposits The Company does not normally require deposits. However the Company reserves the right to collect an amount not to exceed 2 months estimated charges as a deposit from Customers whose credit history is unacceptable or unlrnown to the Company. Deposits, if required, will be collected and maintained in accordance with Commission rules. Advance Payments The Company does not require advance paYments. Ilfaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 282004 Boise, ld2ho - "' ID iO4 02 (C) (C) Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 19 Issued:05/19/04 Effective:OS/29/04 SECTION 2 - RULES AND REGULATIONS, (CONT' Payment and Billing 10.Service is provided and billed on a billing cycle basis, beginning on the date that service becomes effective. Billing is payable upon receipt. 10.The customer is responsible for paYment of all charges for services furnished to the Customer, as well as to all persons using the Customer s codes, exchange lines, facilities or equipment, with or without the knowledge or consent of the Customer. The security of the Custom~r s Authorization Codes, presubscribed exchange lines, and direct connect facilities is the responsibility of the Customer. All calls placed using direct connect facilities, presubscribed exchange lines, or Authorization Codes will be billed to and must be paid by the Customer. Recurring charges and non-recurring charges are billed in advance. Charges based on actual usage during a month and any accrued interest will be billed monthly in arrears. 'd~ho Public Utiiities Commission Office of the Secretary ACCEPTED FOR F'LiNG MAY 292004 Boise, Idaho IDiO401 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 1 st Revise Page 20 Cancels Original Page 20 Issued:06/18/04 Effective:06/28/04 SECTION 2 - RULES AND REGULATIONS, (CONT' Payment and Billing, (Cont' 10.Reserved for Future Use Collection Costs In the event Company is required to initiate legal proceedings to collect any amounts due to Company for regulated or non-regulated services equipment or facilities, or to enforce any judgment obtained against a Customer, or for the enforcement of any other provision of this tariff or applicable law, Customer shall, in addition to all amounts due, be liable to Company for all reasonable costs incurred by Company in such proceedings and enforcement actions, including reasonable attorneys' fees , collection agency fees or paYments, and court costs. In any such proceeding, the amount of collection costs, including attorneys' fees, due to the Company, will be determined by the court. Taxes and Fees 12.1 All state and local taxes (i., gross receipts tax, sales tax, municipal utilities tax) are listed as separate line items on the Customer s bill and are not included in the quoted rates and charges set forth in this tariff. 12.To the extent that a municipality, other political subdivision or local agency of government, or Commission imposes upon and collects from the Company a grossreceipts tax, occupation tax, license tax, permit fee, franchise fee, or regulatory fee, such taxes and fees shall, insofar as practicable and allowed by law, be billed pro rata to Customers receiving service from the Company within the territorial limits of such municipality, other political subdivision or local agency of government. 12.The Company may adjust its rates and charges or impose additional rates and charges on its Customers in order to recover amounts it is required by governmental or quasi- governmental authorities to collect from or pay to others in support of statutory or regulatory programs. Examples of such programs include, but are not limited to, the Universal Service Fund (USF), the Presubscribed Interexchange Carrier Charge (PICC), and compensation to pay telephone service providers for the use of their pay telephones to access the Company s service. Certain material previously located on this page now found on Page 20. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 282004 Boise, Idaho IDiO402 (C) (C) (M) (M) IDi0901 Access Point, Inc. Idaho Tariff No. 2 1100 Crescent Green, Suite 109 1st Revised Page 20.1 Cary, North Carolina 27518 Cancels Original Page 20.1 Issued by: Jason Brown, Regulatory Affairs Issued: January 21, 2009 Effective: January 31, 2009 SECTION 2 - RULES AND REGULATIONS, (CONT’D.) 2.13 Late Charge A one-time late fee of 1.5% or the amount otherwise authorized by law, whichever is lower, will be charged on any past due balances. 2.14 Returned Check Charge A fee will be charged whenever a check or draft presented for payment for service is not accepted by the institution on which it is written. 2.15 Reconnection Charge A fee of $10 per occurrence will be charged when service is reestablished for Customers which have been disconnected due to non-payment. Payment of the reconnection fee and any other outstanding amounts will be due in full prior to reconnection of service. 2.16 Expiration of Term Plan Options At the expiration of the initial term as specified in a Customer Specific Term Plan, or in any extension thereof, service shall continue on a month-to-month basis at the then current rates unless terminated by either party in accordance with the agreement terms. Any termination shall not relieve the Customer of its obligation to pay any charges incurred under the service order and this tariff prior to termination. The rights and obligations which by their nature extend beyond the termination of the term plan shall survive such termination. (N) | | | | | | (N) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING January 31, 2009 Boise, Idaho Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 21 Issued:05/19/04 Effective:OS/29/04 SECTION 3 - DESCRIPTION OF SERVICE Computation of Charges 1.1 The total charge for each completed call may be a variable measured charge dependent on the duration, distance and time of day of the call. The total charge for each completed call may also be dependent only on the duration of the call, i.e. a statewide flat rate per minute charge. The variable measured charge is specified as a rate per minute which is applied to each minute. All calls are rounded up to the next whole increment. 1.2 Where mileage bands appear in a rate table, rates for all calls are based upon the airline distance between the originating and terminating points of the call, as determined by the vertical and horizontal coordinates associated with the exchange (the area code and three digit central office code) associated with the originating and terminating telephone numbers. If the Customer obtains access to the Company s network by a dedicated access circuit, that circuit will be assigned an exchange for rating purposes based upon the Customer s main telephone number at the location where the dedicated access circuit terminates. The vertical and horizontal (V & H) coordinates for each exchange and the airline distance between them will be determined according to industry standards. Id.aho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise, Idaho .. .... . IDiO401 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 22 Issued:05/19/04 Effective:OS/29/04 SECTION 3 - DESCRIPTION OF SERVICE, (CONT' Computation of Charges, (Cont' 1.3 Timing begins when the called station is answered and two-way communication is possible, as 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 or the software utilizing audio tone detection. Recognition of answer supervision is the responsibility of the Underlying Carrier. Timing for each call ends when either party hangs up. API will not bill for uncompleted calls. Customer Complaints and/or Billing Disputes Customer inquiries or complaints regarding service or accounting may be made in writing or by telephone to the Company at: 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Toll Free (800) 957-6468 If Customer complaints cannot be resolved by API, the Customer may contact the Commission at the following address and phone number: 472 W. Washington Street Boise, ill 83702 Toll Free 1-800-432-0369 Any objection to billed charges should be reported promptly to API. Adjustments to Customers bills shall be made to the extent that records are available and/or circumstances exist which reasonably indicate that such charges are not in accordance with approved rates or that an adjustment may otherwise be appropriate. Where overbilling of a subscriber occurs, due either to Company or subscriber error, no liability exists which will require the Company to pay any interest, dividend or other compensation on the amount overbilled. Idaho Public Utilities Commissioo Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise. Idaho IDiO4 0 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 23 Issued:05/19/04 Effective:OS/29/04 SECTION 3 - DESCRIPTION OF SERVICE, (CONT' Customer Complaints and/or Billing Disputes, (Cont' If a Customer accumulates more than One Hundred Dollars ($100.00) of undisputed delinquent API 800 Service charges, the API Resp. Org. reserves the right not to honor that Customer request for a Resp. Org. change until such undisputed charges are paid in full. Level of Service A Customer can expect end to end network availability of not less than 99% at all times for all servIces. Billing Entity Conditions When billing functions on behalf of API or its intermediary are performed by local exchange telephone companies or others, the paYment of charge conditions and regulations of such companies and any regulations imposed upon these companies by regulatory bodies having jurisdiction apply. API's name and toll-free telephone number will appear on the Customer s bill. Idt1ho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise. Idaho IDiO401 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 24 Issued:05/19/04 Effective:OS/29/04 SECTION 3 - DESCRIPTION OF SERVICE, (CONT' Service Offerings 1 + Dialing The customer utilizes " 1 +" dialing, or "OXXX" dialing followed by "1 + ten digits" for inter LATA calls, or dials "10XXX" followed by "1 + 7 digits" or "1 + 10 digits" for intraLATA calls. Travel Cards The Customer utilizes an 11 digit "800" access number established by API to access a terminal. Upon receiving a second dialtone, the Customer uses push button dialing to enter an identification code assigned by the Company, followed by the ten digit number of the called party. 800 Service (Toll free) This service is a direct access, incoming only, usage sensitive W ATS offering. This is a service whereby a Customer can be billed at reduced rates for calls to his premises. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise, Idaho IDiO401 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 25 Issued:05/19/04 Effective:OS/29/04 SECTION 3 - DESCRIPTION OF SERVICE, (CONT' Service Offerings, (Cont' 5.4 API Prepaid Calling Cards This service permits use of API Prepaid Calling Cards for placing long distance calls. Customers may purchase API Prepaid Calling Cards at a variety of retail outlets or through other distribution channels. API Prepaid Calling Cards are available at a variety of face values ranging from five dollars ($5.00), in one dollar ($1.00) increments. API Prepaid Calling Card service is accessed using the API toll-free number printed on the card. The caller is prompted by an automated voice response system to enter his/her Authorization Code, and then to enter the terminating telephone number. API's processor tracks the call duration on a real time basis to determine the number of Telecom Units consumed. The total consumed Telecom Units for each call, which includes applicable taxes, is deducted from the remaining Telecom Unit balance on the Customer s API Prepaid Calling Card. All calls must be charged against an API Prepaid Calling Card that has a sufficient Telecom Unit balance. A Customer s call will be interrupted with an announcement when the balance is about to be depleted. Id~ho Pub\it Utilities Comml~1)n Office of the Secretary ACCEPTED FOR FI L1NG MAY 292004 Boise, Idaho IDiO4 0 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 26 Issued:05/19/04 Effective:OS/29/04 SECTION 3 - DESCRIPTION OF SERVICE, (CONT' Service Offerings, (Cont' 5.4 API Prepaid Calling Cards, (Cont' In order to continue the call, the Customer can either call the toll-free number on the back of the API Prepaid Calling Card and "recharge" the balance on the card using a nationally recognized credit card, or the Customer can throw the card away and purchase a new one. Calls in progress will be terminated by the Company if the balance on the API Prepaid Calling Card is insufficient to continue the call and the Customer fails to enter the number of another valid API Prepaid Calling Card prior to termination. A card will expire 12 months from the date of purchase, or the date of last recharge whichever is later. A credit allowance for API Prepaid Calling Card Service is applicable to calls that are interrupted due to poor transmission, one-way transmission, or involuntary disconnection of a call. A Customer may also be granted credit for reaching a wrong number. To receive the proper credit, the Customer must notify the Company at the designated toll- free customer service number printed on the API Prepaid Calling Card and furnish the called number, the trouble experienced (e.g. cut-off, noisy circuit, reached wrong number, etc.), and the approximate time that the call was placed. When a call charged to an API Prepaid Calling Card is interrupted due to cut-off, one- way transmission, or poor transmission conditions, the Customer will receive a credit equivalent of one Telecom Unit. I~aho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 . " :..~-:. ~ Boise, Idaho IDiO4 0 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 27 Issued:05/19/04 Effective:OS/29/04 SECTION 3 - DESCRIPTION OF SERVICE, (CONT' Service Offerings, (Cont' 5.4 API Prepaid Calling Cards, (Cont' Credit allowances for calls pursuant to API Prepaid Card Service do not apply for interruptions not reported promptly to the Company or interruptions that are due to the failure of power, equipment or systems not provided by the Company. Credit for failure of service shall be allowed only when such failure is caused by or occurs due to causes within the control of the Company. The Company will block all calls beginning with the NP A "900" and NXX "976" calls therefore such calls cannot be completed. Local Calls and Directory Assistance Local calls will not be accepted or completed. API does not provide local directory assistance. Access to long distance directory assistance is obtained by dialing 1 + 555- 1212 for listings within the originating area code and 1 + (area code) + 555-1212 for other listings. When more than one number is requested in a single call, a charge may apply for each number requested. A charge will be applicable for each number requested, whether or not the number is listed or published. Id~ho Public Utilities Commission Office of the Secretary ACCEPTED FOR FI LI NG MAY 292004 Boi~, Idaho IDiO4 0 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 Original Page 28 Issued:05/19/04 Effective:OS/29/04 SECTION 3 - DESCRIPTION OF SERVICE, (CONT' Service Offerings, (Cont' Specialized Pricing Arrangements Customized service packages and competitive pricing packages at negotiated rates may be furnished on a case-by-case basis in response to requests by Customers to the Company for proposals or for competitive bids. Service offered under this tariff provision will be provided to Customers pursuant to contract. Unless otherwise specified, the regulations for such arrangements are in addition to the applicable regulations and prices in other sections of the tariff. Specialized rates or charges will be made available to similarly situated Customers on a non-discriminatory basis. All such arrangements will be filed as required by Commission rules and regulations. Emergency Call Handling Procedures Emergency "911" calls are not routed to company, but are completed through the local network at no charge. Promotional Offerings The Company may, from time to time, make promotional offerings to enhance the marketing of its services. These offerings may be limited to certain dates, times and locations. The Company will notify the Commission of such offerings as required by Commission rules and regulations. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 292004 Boise, Idaho IDiO4 0 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 1 st Revised Page 29 Cancels Original Page 29 Issued:06/18/04 Effective:06/28/04 SECTION 4 - RATES 1 + Dialing and Toll Free 1.1 (Reserved for Future Use)(M) (M) 1.2 Home Access $0.199 per minute (T) (I) (T)6 second initial, 18 second additional (D) (D) (D) (D) Monthly Service Fee: Toll Free Monthly Fee: $4. $2. (D) (N) (N) Certain material previously located on this page now found on Page 35. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING J U N 2 8 2004 Boise, Idaho IDiO402 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued:06/18/04 SECTION 4 - RATES, (CONT' 1 + Dialing and Toll Free, (Cont' 1.3 (Reserved for Future Use) Business Access Idaho Tariff No. 2 1 st Revised Page 30 Cancels Original Page 30 Effective:06/28/04 Month to One- Year Two- Year Three-Year Month Term Term Term $0.180 $0.164 $0.162 $0. 160 6 second increments, 18 second minimum Monthly Fees:$2.95 per Toll-Free Number Certain material previously located on this page now found on Page 35. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOH FILING J U N 2 8 2004 Boise, Idaho IDiO402 (M) (M) (T) (T) (T) (I) (D) (D) (D) (D) (D) (D) (N) Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued:06/18/04 SECTION 4 - RATES, (CONT' 1+ Dialing and Toll Free, (Cont' (Reserved for Future Use) 1.6 (Reserved for Future Use) Material previously located on this page now found on Page 36. Idaho Tariff No. 2 1 st Revised Page 3 Cancels Original Page 31 Effective:06/28/04 Id.aho Public Utilities Commission Office of the Secretary ACCEPTED FOH FILING JUN 282004 Boise. Idaho IDiO402 (M) (M) Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued:06/18/04 SECTION 4 - RATES, (CONT' 1+ Dialing and Toll Free, (Cont' 1.7 (Reserved for Future Use) (Reserved for Future Use) Material previously located on this page now found on Page 37. Idaho Tariff No. 2 1 st Revised Page 32 Cancels Original Page 32 Effective:06/28/04 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOH FILING JUN 282004 Boise, Idaho IDiO402 (M) (M) Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 1 st Revised Page 33 Cancels Original Page 33 Issued:06/18/04 Effective:06/28/04 SECTION 4 - RATES, (CONT' 1+ Dialing and Toll Free, (Cont' Optimum Access Rate Per Minute based on Term Commitment - Dedicated Access Month to Month One Year Term Two Year Term Three Year Term $0.057 $0.053 $0.051 $0.049 6 second increments, 18 second minimum Monthly Fees:$2.95 per Toll-Free Number Travel Cards Americard 235 per minute 6 second increments, 30 second minimum Prepaid Calling Cards 25 per minute (per Telecom Unit) (T) (T) (I) (D) (D) (D) (D) (N) (D) (D) (D) Id.aho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 282004 Boise, Idaho IDiO402 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Idaho Tariff No. 2 1 sl Revised Page 34 Cancels Original Page 34 Issued:2007 Effective:May 27,2007 SECTION 4 - RATES, (CONT' Association Discounts A vailable to members of Associations, Affinity Groups or other groups which endorse API. Discount determined on monthly basis on aggregate monthly revenue as follows: Total Billed Revenue Discount $0 - 24 999 $25 000 - 49 999 $50 000 .. 74 999 $75 000 - 99 999 $100 000 plus Directory Assistance Charges A charge per number requested will be $. Returned Check Charge $25.(I) Reconnection Charge $25.(I) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 2 7 2007 Boise. Idaho IDiO70 1 Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued:06/18/04 Effective: SECTION 4 - RATES, (CONT' Grandfathered Services American Home - Residential Peak Off Peak 22 per minute 10 per minute 60 second initial, 60 second additional Peak: Off Peak: Monthly Fees: Home Office - Residential Peak Off Peak 7am to 7 pm, Monday - Friday All other hours including Holidays $3 for 1 st 800 number $2 for each additional 19 per minute $.12 per minute 6 second increments, 30 second minimum Peak: Off Peak: Monthly Fees: Term Discounts: Early Cancellation Penalty: 8 am to 5 pm, Monday - Friday All other hours including Holidays $5 for 1 st 800 number $2 for each additional 1 year - 2% 2 year - 4% 3 year - 6% $10 per month left in term Idaho Tariff No. 2 Original Page 35 06/28/04 I€laho Public Utilities Commission Office o'f the Secretary ACCEPTED FOR FILING JUN 282004 Material located on this page previously found on Pages 29 and 30. anise. Idaho IDiO402 (N) (M) (M) Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued:06/18/04 SECTION 4 - RATES, (CONT' Grandfathered Services, (Cont' Corporate Access - Commercial 14 per minute 6 second increments, 18 second minimum Minimum Usage: Monthly Fees: Term Discounts: Early Cancellation Penalty: 8.4 Select Access - Commercial $.135 per minute $15 per month $5 for 1 st 800 number $2 for each additional 1 year - 2% 2 year - 5% 3 year - 8% $15 per month left in term 6 second increments, 18 second minimum Minimum Usage: Monthly Fees: Term Discounts: Early Cancellation Penalty: $20 per month $0 for 1 st 5 800 numbers $2 for each additional 1 year - 2% 2 year - 4% 3 year - 6% $20 per month left in term Material located on this page previously found on Page 31. Idaho Tariff No. 2 Original Page 36 Effective:06/28/04 Idaho Public Utilities Commission Office of the Secretary ACC PTED Fali FILING JUN 282004 Boise, Idaho IDiO402 (N) (M) (M) Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued:06/18/04 SECTION 4 - RATES, (CONT' Grandfathered Services, (Cont' 8.4 Maximum Access - Commercial 1275 per minute 6 second increments, 18 second minimum Minimum Usage:$75 per month Monthly Fees:$0 for 1 st 5 800 numbers $2 for each additional Term Discounts:1 year - 2% 2 year - 4% 3 year - 6% Early Cancellation Penalty:$75 per month left in term 800 Pass Idaho Tariff No. 2 Original Page 37 Effective:06/28/04 800 Service with Individual Personal Identification Numbers (PIN) Switched Access: $ . 16 per minute Dedicated Access:13 per minute 6 second increments, 30 second minimum Monthly Fees:$5 per PIN Material located on this page previously found on Page 32. Id,aho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 282004 BoL~,. Id,aho IDiO402 (N) (M) (M) Access Point, Inc. 1100 Crescent Green, Suite 109 Cary, North Carolina 27511 Issued by: Richard E. Brown, CEO Issued:2007 SECTION 4 - RATES, (CONT' Credit Card Convenience Fee Idaho Tariff No. 2 Original Page 38 Effective:May 27, 2007 The Company will assess a Credit Card Convenience fee to recover certain costs associated with certain operational issues relating to the provisioning and billing of credit card services. This charge will apply when a Customer requests to pay their invoice via a credit card. Credit Card Convenience Fees: $100 & below $101 - $200 $201 - $300 $301 - $400 $401 - $500 $501 - $600 $601 - 700 $701- 800 $801 - $900 $901 - $999 $1000 & above Multiply charge amount by . Example: $1000 X .03 = $30. Monthly $1. $3. $6. $9. $12. $15. $18. $21.00 $24. $27. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING MAY 2 7 2007 Boise. Idaho IDiO70 1 (N) (N)