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HomeMy WebLinkAbout20100330Proposed Tariff.pdfß E-L- ~-lO -û( EXHlBIT 5 - ILLUSTRTIV TARF 14 Ft,!,A i ,...,,. r"' n..').1 J 30 M'1\:23 BELLERUD COMMCATIONS, LLC Idaho PUC Tar No.1 Sheet No. 1 TITE SHEET IDAHO TEECOMMCATIONS TAR Ths tariff conta the descriptions, reguations, and rates applicable to the fuhig of service or facilties for Telecommuncations Services fuhed by BelIerud Communcations, LLC (IBelIerud"), with pricipal offices at 401-B W. Montgomery Street, Wil, Texas 77378. Th ta applies for services fuhed with the State of Idaho. Th tariff is on fie with the Idaho Public Utiities Commsion, and copies may be inpected, during norm business hours, at the company's principal place of business. Issued: March 30, 2010 Issued By: Title: Efective: Tar Admnistrator BELLERUD COMMICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 2 CONCURRING, CONNECTING OR OTHER PARTICIPATING CARRIERS 1. Concurring Carriers - None 2. Connecting Carriers - None 3. Other Participating Carriers - None Issued: Marh 30, 2010 Issued By: Title: Efective: Tar Admnistrator BELLERUD COMMICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 3 CHECK SHEET The Sheets of ths tariff are effective as of the date shown at the bottom of the respective sheet(s). Origi and revised sheets as named below comprise al changes from the origial taif and are curently in effect as of the date on the bottom of ths sheet. SHEET REVISION SHEET REVISION 1 Origial 20 Origi 2 Origial 21 Original 3 Origi 22 Origi 4 Origi 23 Origial 5 Origi 24 Orgi 6 Origi 25 Origil 7 Origi 26 Origial 8 Origial 27 Origial 9 Origial 28 Origina 10 Orgi 11 Origial 12 Origi 13 Origi 14 Origi 15 Origil 16 Origi 17 Origi 18 Origi 19 Origi * New or Revised Sheet Issued: March 30, 2010 Issued By: Title: Efective: Tar Admnistrator BELLERUD COMMICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 2 TABLE OF CONTENTS TITLE SHEET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 CONCURRING, CONNECTING OR OTHER PARTICIPATING CARRIERS......... 2 CHECK SHEET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 TARIFF FORMAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 TRACKING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 CONTACT INFORMATION............................................ 5 SECTION 1 - TECHNICAL TERMS AN ABBREVIATIONS. . . . . . . . . . . . . . . .6 SECTION 2 - RULES AN REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SECTION 3 - DESCRIPTION OF SERVICE............................ 16 SECTION 4 - RATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Issued: March 30, 2010 Issued By: Title: Efective: Tar Admnistrator BELLERUD COMMCATIONS, LLC Idaho PUC Tar No.1 Shee No. 3 TAR FORMAT A. Sheet Numbering: Sheet numbers appear in the upper right corner of the page. Sheets are numbered sequentially. However, new sheets are occasionally added to the taf. When a new sheet is added between sheets already in effect, a decimal is added. For example, a new sheet added between pages 11 and 12 would be page 11.1. B. Sheet Revision Numbers: Revision numbers also appear in the upper right corner of each sheet where applicable. These numbers are used to indicate the most current page version on file with the Commssion. For example, 4th Revised Sheet 13 cancels 3rd Revised Sheet 13. Consult the Check Sheet for the sheets curently in effect. C. Paragraph Numberig Sequence: There are nie levels of paragraph coding. Each level of coding is subservient to its next higher level: 2. 2.1 2.1.1 2.1.1.A 2.1.1.A.1 2.1.1.A.l.(a) 2.1.1.A.l.(a).I 2.1.1.A.l.(a).I.(i) 2.1.1.A.l.( a).I.(i).(l) D. Check Sheets: When a tariff filing is made with the Commssion, an updated Check Sheet accompanes the tarif fiing. The Check Sheet lists the sheets contained in the tariff, with a cross reference to the curent Revision Number. When new sheets are added, the Check Sheet is changed to reflect the revision. Al revisions made in a given filing are designated by an asterisk (*). There wil be no other symbols used on this sheet if these are the only changes made to it (Le., the format, etc. remain the same, just revised revision levels on some sheets). The taiff user should refer to the latest Check Sheet to find out if a particular sheet is the most current on Commssion fie. Issued: Mach 30, 2010 Issued By: Title: Efective: Tar Admnistrator BELLERUD COMMCATIONS, LLC Idaho PUC Tar No.1 Sheet No. 4 TRACKING The following are the only symbols used for the purposes indicated below: (C) to sign change in regulation (D) to signy a deletion (I) to signy a rate increase (L) to signy material relocated in the taiff (N) to sign a new rate or regulation (R) to sign a rate reduction (T) to signy a chage in text, but no change in rate or regulation Issued: March 30, 2010 Issued By: Title: Efective: Tar Admstrator BELLERUD COMMICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 5 CONTACT INFORMATION Customer complaints, bil inquiry, new service or disonnect requests: Rene Bellerud 401-B W. Montgomery Street Wilis, Texas 77378 (800) 797-3547 E-Mail Address:complaints(QbellerudteL.com Person responsible for compliance in filng of reports and payment of fees due to theCommssion or its Admistrators: Rene BelIerud 401-B W. Montgomery Street Wilis, Texas 77378 (800) 797-3547 E-Mail Address:tom(Qtelecomgroup.com Commssion contact - tariff inormation: Rene BelIerud 401-B W. Montgomery Street Wilis, Texas 77378 (800) 797-3547 E-Mail Address:tom(Qtelecomgroup.com Commssion contact - complaints: Thomas E. Biddix 401-B W. Montgomery Street Wilis, Texas 77378 (800) 797-3547 E-Mail Address:tom(Qtelecomgroup.com Idaho Agent:Incorp Serces Inc. 921 S. Orchar Street, Suite G Boise, il 83705 (800) 246-2677 Issued: March 30, 2010 Issued By: Title: Effectve: Tar Admnistrator BELLERUD COMMUICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 6 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 the Company's location or switchig center. Authorization Code - A numerical code, one or more of which may be assigned to a Customer, to enable the Company to identiy the origin of the Customer so it may rate and bil the calL. Automatic number identication (ANI) is used as the authorization code wherever possible. Commssion - Used throughout ths tariff to mean the Idaho Public Utiities Commssion. Customer - The person, firm, corporation or other legal entity which orders the services of the Company or purchases a Company Prepaid Caling Card andj or origiates prepaid calls using such cards, and is responsible for the payment of charges and for compliance with the Company's tariff regulations. Company or Bellerud - Used throughout thi tariff to mean Bellerud Communications, LLC, a Texas Limted Liabilty Company. Dedicated Access - The Customer gain entr to the Company's services by a direct path from the Customer's location to the Company's point of presence. Holiday - New Year's Day, Independence Day, Labor Day, Thansgiving Day and Christmas Day. Holidays shal be biled at the evenig rate from 8 a.m. to 11 p.m. After 11 p.m., the lower night rate shall go into effect. 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 Callng Card - A card issued by the Company, containg 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. Issued: March 30, 2010 Issued By: Title: Efective: Tar Admstrator BELLERUD COMMICATIONS, LLC Idao PUC Tar No.1 Sheet No. 7 Resp. Org - Responsible Organzation or entity identied by a ToIl-Free service Customer tht manages and admisters records in the toll free number database and management system. Switched Access - The Customer gai entr to the Company's services by a tranmission line that is switched though the local exchange carrier to reach the Company's point of presence. Telecom Unit - A measurement of telecommuncations service equivalent to one miute of usage between any two points with the State of Idaho. Telecommuncations - The tranmission, between or among points specifed by the user, of inormation of the user's choosing, without chage in the form or content of the inormation as sent and received. Underlying Carrier - The telecommunications carier whose network facilties provide the techncal capabilty and capacity necessar for the tranmission and reception of Customer telecommunications trafc. Issued: March 30, 2010 Issued By: Title: Effectve: Tar Admtrator BELLERUD COMMICATIONS, LLC Idao PUC Tar No.1 Sheet No. 8 SECTION 2 - RULES AND REGULATIONS 2.1 Undertaking of the Company This tariff contain the regulations and rates applicable to intrastate interexchange telecommunications services provided by the Company for telecommunications between points with the State of Idaho. Services are funished subject to the availabilty of facilities and subject to the terms and conditions of ths tariff in compliance with limitations set forth in the Commssion's rules. The Company's services are provided on a statewide basis and are not intended to be limted geographically. The Company offers service to all those who desire to purchase service from the Company consistent with al of the provisions of ths tariff. Customers interested in the Company's services shall file a service application with the Company which fuly identiies the Customer, the services requested and other information requested by the Company. The Company reserves the right to exame the credit record and check the references of all applicants and Customers prior to acceptig the service order. The service application shall not in itself obligate the Company to provide services. The Company may act as the Customer's 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 shal be responsible for all charges due for such service arrangement. 2.1.1 The services provided by the Company are not part of a joint undertakig with any other entity providing telecommunications chanels, facilities, or services, but may involve the resale of the Message Toll Services (MT) and Wide Area Telecommunications Services (W ATS) of underlying common carriers subject to the jurisdiction of this Commsion. 2.1.2 The rates and regulations contaned in ths tariff apply only to the services furnhed by the Company and do not apply, unless otherwise specified, to the lines, facilties, or services provided by a local exchange telephone company or other common carriers for use in accessing the services of the Company. Issued: Mach 30, 2010 Issued By: Title: Efective: Tar Admstrator BELLERUD COMMICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 9 2.1.3 The Company reserves the right to limt the lengt of communications, to discontiue furnishig services, or limt the use of service necessitated by conditions beyond its control, includig, without limtation: lack of satellte or other tranmision medium capacity; the revision, alteration or repricing of the Underlying Caer's tafed offerings; or when the use of service beomes or is in violation of the law or the provisions of thi taiff. 2.2 Use of Services 2.2.1 The Companis services may be used for any lawfu purpose consistent with the tranmission and switchig parameters of the telecommunications facilties utiized in the provision of services, subject to any limtations set forth in thi Section 2.2. 2.2.2 The use of the Company's services to mae cals which might reasonably be expected to frighten, abuse, torment, or harass another or in such a way as to uneasonably interfere with use by others is prohibited. 2.2.3 The use of the Company's services without payment for service or attemptig to avoid payment for service by fraudulent mean or devices, schemes, false or invalid numbers, or false caling or credit cards is prohibited. 2.2.4 The Company's services are avaiable for use 24 hours per day, seven days per week. 2.2.5 The Company does not tranmit messages, but the services may be used for tht purpose. 2.2.6 The Company's services may be denied for nonpayment of charges or for other tariff violations as set forth in Section 2.5.1 herein. 2.2.7 Customers shal not use the service provided under ths tariff for any unlawful purpose. 2.2.8 The Customer is responsible for notiying the Company imediately of any unauthorized use of services. Issued: March 30, 2010 Issued By: Title: Effective: Tar Admstrator BELLERUD COMMICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 10 2.3 Liability of the Company 2.3.1 The Company shall not be liable for any claim, loss, expense or damage for any interruption, delay, error, omission, or defect in any service, facilty or tranmission provided under ths tariff, if caused by the Underlying Carrier, an act of God, fire, war, civil distubance, act of government, or due to any other causes beyond the Company's control. 2.3.2 The Company shall not be liable for, and shall be fully indemnied and held harmless by the Customer againt any claim, loss, expense, or damage for defamation, libel, slander, invasion, inringement of copyright or patent, unauthorized use of any trademark, trade name or service mak, proprietary or creative right, or any other injury to any person, property or entity arising out of the material, data or inormation tranmitted. 2.3.3 No agent or employee of any other carier or entity shall be deemed to be an agent or employee of the Company. 2.3.4 The Company's liabilty for damages, resultig in whole or in part from or arising in connection with the furnshig of service under th tariff, including but not limted to mistaes, omissions, interruptions, delays, errors, or other defects or misrepresentations shall not exceed an amount equal to the charges provided for under ths tariff for the long distance cal for the period during which the call was affected. No other liabilty in any event shall attch to the Company. 2.3.5 The Company shall not be liable for and shall be indemnied and saved harmless by any Customer or by any other entity from any and all loss, claims, demads, suits, or other action or any liabilty whatsoever, whether suffered, made, intituted, 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. Issued: March 30, 2010 Issued By: Tite: Effectve: Tar Admnistrator BELLERUD COMMICATIONS, LLC Idao PUC Tar No. 1 Sheet No. 11 2.3.6 The Company sha not be liable for any indiect, special, incidental, or consequential damges under th taif including, but not limted to, loss of revenue or profits, for any reason whatsoever, including the breakdown of facilties associated with the service, or for any mistakes, omissions, delays, errors, or defects in tranmision occurrg during the course of fushig service. 2.3.7 The remedies set forth herein are exclusive and in lieu of all other warranties and remedies, whether express, implied, or statutory, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2.3.8 The included taiff language does not constitute a determition by the Commssion tht a limtation of liabilty imposed by the Company should be upheld in a cour of law. Acceptace for fiing by the Commsion recognzes tht it is a court's responsibilty to adjudicate negligence and consequential damage claim. It is also the court's responsibilty to determe the validity of the exculpatory clauses. 2.4 Responsibilities of the Customer 2.4.1 The Customer is responsible for placing any necessar orders and complying with taiff reguations. The Customer is also responsible for the payment of chages for services provided under this taiff. 2.4.2 The Customer is responsible for charges incured for special constrction andj or special facilities which the Customer requests and which are ordered by the Company on the Customer's behalf. 2.4.3 If required for the provision of the Company's services, the Customer must provide any equipment space, supportg structure, conduit and electrical power without chage to the Company. 2.4.4 The Customer is responsible for arangig access to its premies at times mutualy agreeable to the Company and the Customer when required for Company personnel to inta, repair, maintain, program, inspect or remove equipment associated with the provision of the Company's services. Issued: March 30, 2010 Issued By: Title: Efective: Tar Admstrator BELLERUD COMMICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 12 2.4.5 The Customer shall cause the temperature and relative humidity in the equipment space provided by Customer for the intallation of the Company's equipment to be maintained with the range normay provided for the operation of microcomputers. 2.4.6 The Customer shall ensure that the equipment andj or system is properly interfaced with the Company's facilties or services, that the signals emitted into the Company'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 taiff, and that the signals do not damage equipment, injure personnel, or degrade service to other Customers. If the Federal Communcations Commssion or some other appropriate certiying body certiies terminal equipment as being techncaIly acceptable for direct electrical connection with interstate communications service, the Company wil permit such equipment to be connected with its chaels without the use of protective interface devices. If the Customer fails to maitain the equipment andj or the system properly, with resultig imnent ham to Company equipment, personnel or the quality of service to other Customers, the Company may, upon written notice, require the use of protective equipment at the Customer's expense. If thi fais to produce satisfactory quality and safety, the Company may, upon written notice, termate the Customer's service. 2.4.7 The Customer must pay the Company for replacement or repair of damage to the equipment or facilties of the Company caused by negligence or wiul act of the Customer or others, by improper use of the services, or by use of equipment provided by Customer or others. 2.4.8 The Customer must pay for the loss though theft of any Company equipment installed at Customer's premises. 2.4.9 If the Company intalls 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 thi tariff and the policies and regulations of all state, federal and local authorities having jurisdiction over the service. Issued: March 30, 2010 Issued By: Title: Efective: Tar Admnistrator BELLERUD COMMICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 13 2.5 Cancellation or Interruption of Services 2.5.1 Without incurring liabilty, 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, the Company may discontiue services 24 hours afer an attempt at persona contact or may withold the provision of ordered or contracted services: 2.5.1.A For nonpayment of any sum due the Company for more thn thty (30) days afer issuance of the bil for the amount due, 2.5.1.BFor violation of any of the provisions of this taiff, 2.5.1.CFor violation of any law, rue, regulation, policy of any governing authority having jurisdiction over the Company's services, or 2.5.1.DBy reason of any order or decision of a court, public service commsion or federal reguatory body or other governg authority prohibitig the Company from fushig its services. 2.5.2 Without incurrig liabilty, the Company may interrupt the provision of services at any tie in order to perform tests and inpections to assure compliance with tariff regulations and the proper intalation and operation of Customer and the Company's equipment and facilties and may contiue such interruption unti any items of noncompliance or improper equipment operation so identiied are rectiied. 2.5.3 Service may be discontiued by the Company without notice to the Customer, by blocking traffic to certain countres, cities or NXX exchanges, or by blockig cals using certai Customer authorization codes, when the Company deems it necessary to take such action to prevent unlawful use of its service. The Company wil 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. Issued: March 30, 2010 Issued By: Title: Efective: Tar Admstrator BELLERUD COMMCATIONS, LLC Idaho PUC Tar No.1 Sheet No. 14 2.5.4 The Customer may termiate service upon thity (30) days written notice for the Company's standard month to month contract. Customer wil be liable for all usage on any of the Company's service offerings unti the Customer actually leaves the service. Customers wi contiue to have Company usage until the Customer notiies its local exchange carrier and changes its long distace carrier. Unti the Customer so notiies its local exchange carrier, it shal contiue to generate and be responsible for long distace usage. 2.6 Credit Allowance 2.6.1 Credit may be given for disputed calls, on a per call basis. 2.6.2 Credit shall not be issued for unavailabilty of long distance services. 2.7 Restoration of Service The use and restoration of service shal be in accordance with the priority system specified in part 64, Subpart D of the Rules and Regulations of the Federal Communications Commsion. 2.8 Deposit The Company does not require deposits. 2.9 Advance Payments The Company does not require advance payments. 2.10 Payment and Billing 2.10.1 Service is provided and biled on a biling cycle basis, begig on the date that service beomes effective. Biling is payable upon receipt. 2.10.2 The customer is responsible for payment of all chages for services furshed to the Customer, as well as to all persons using the Customer's codes, exchange lines, facilties, or equipment, with or without the Issued: March 30, 2010 Issued By: Title: Efective: Tar Admstrator BELLERUD COMMICATIONS, LLC Idao PUC Tar No.1 Sheet No. 15 knowledge or consent of the Customer. The security of the Customer's Authorization Codes, presubscribed exchange lines, and direct connect facilties is the responsibilty of the Customer. Al cals placed using direct connect facilties, presubscrbed exchage lines, or Authorization Codes wil be biled to and must be paid by the Customer. Recurring charges and non-recuring chages are biled in advance. Chges based on actual usage during a month and any accrued interest wil be biled monthly in arrears. 2.10.3 Reserved for Future Use 2.11 Reserved for Futue Use 2.12 Taxes All federal, state and local taes, assessments, surchages, or fees, including sales taxes, use taxes, gross receipts taes, and muncipal utities taes, are biled as separate line items and are not included in the rates quoted herein. 2.13 Late Charge A one-tie late fee of 1.5% or the amount otherwe authorized by law, whichever is lower, wil be charged on any past due balances. 2.14 Reconnection Charge A reconnection fee of $25 per occurrence wil 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 wil be due in fuIl prior to reconnection of service. Issued: March 30, 2010 Issued By: Title: Efective: Tar Admstrator BELLERUD COMMICATIONS, LLC Idao PUC Tar No.1 Sheet No. 16 SECTION 3 - DESCRIPTION OF SERVICE 3.1 Computation of Charges 3.1.1 The total charge for each completed call may be a variable measured charge dependent on the duration, distace and time of day of the calL. The total charge for each completed cal may also be dependent only on the duration of the call, Le. a statewide flat rate per miute charge. The variable measured charge is specifed as a rate per miute which is applied to each miute. Al calls are measured in increments as set forth in the Rates Section of this tariff. Fractions of a biling increment are rounded up to a full biling increment on a per call basis. Fractions of a cent per miute are rounded up to a full cent on a per cal basis. 3.1.2 Usage charges for all mileage sensitive products are based on the airline distance between rate centers associated with the origiatig and termiatig points of the calI. The airline mieage between rate centers is determined by applying the formula below to the vertical and horizontal coordinates associated with the rate centers involved. The Company uses the rate centers that are produced by Bell Communications Research in the NPA-NX V&H Coordinates Tape and Bell's NECA Tariff No.4. Formula: I I (VI-V2)2 + (HI-H2)2 \ I 10 Issued: March 30, 2010 Issued By: Title: Effective: Tar Admstrator BELLERUD COMMICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 17 3.1.3 Timg begi when the caled station is anwered and two way communication is possible, as determied by stadard industry methods generally in use for ascertaing anwer, including hadware anwer supervision in which the local telephone company sends a signal to the switch or the software utiizing audio tone detection. Recogntion of answer supervision is the responsibilty of the Underlying Carier. Timng for each cal ends when either party hangs up. The Company wi not bil for uncompleted calls. 3.2 Customer Complaints and/or Billing Disputes Customer inquires or complaints regarding service or accountig may be made in writig or by telephone to the Company at: 401-B W. Montgomery Street Wilis, Texas 77378 (800) 797-3547 E-Mai Address:complaints(Qbellerudtel.com If Customer complaits canot be resolved by the Company, the Customer may contact the Commsion at the followig address and phone number: 472 W. Washigton Street Boise, ID 83702 Toll Free 1-800-432-0369 Any objection to biled charges should be reported promptly to the Company. Adjustments to Customers' bils shall be made to the extent that records are avaiable andj or circumtances exist which reasonably indicate tht such charges are not in accordance with approved rates or that an adjustment may otherwise be appropriate. Where overbiling of a subscriber occurs, due either to Company or subscriber error, no liabilty exists which wi require the Company to pay any interest, dividend or other compensation on the amount overbiled. If a Customer accumulates more than One DolIar of undisputed delinquent Company 800 Service charges, the Company Resp. Org. reserves the right not to honor tht Customer's request for a Resp. Org. chage unti such undisputed charges are paid in fu. Issued: March 30, 2010 Issued By: Title: Efective: Tar Admnistrator BELLERUD COMMICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 18 3.3 Level of Service A Customer can expect end to end network availabilty of not less than 99% at all ties for all services. 3.4 Billing Entity Conditions When biling functions on behalf of the Company or its intermediary are performed by local exchange telephone companies or others, the payment of charge conditions and regulations of such companes and any reguations imposed upon these companies by regulatory bodies having jurisdiction apply. TheCompany's name and toll-free telephone number wil appear on the Customer's bilL. 3.5 Service Offerings 3.5.1 1+ Dialing This service permits Customers to originate calls via switched or dedicated access lines, and to termite intrastate calls. The customer dials "1+" followed by "ten digits" or dials "lOlXX" folIowed by "1+ ten digits". 3.5.2 Travel Cards The Customer utiizes an 11 digit "toIl-free" access number established by the Company to access a termial. Upon receiving a voice prompt, the Customer uses push button dialing to enter an identiication code assigned by the Company, and the ten digit number of the calIed party. 3.5.3 Toll-Free Service This service is inbound callng only where an 800, 888 or other toll-free prefix number rings into a Customer's premise routed to a specific telephone number or termnated over a dedicated facilty. Issued: March 30, 2010 Issued By: Title: Efecve: Tarf Admnistrator BELLERUD COMMICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 19 3.5.4 Company Prepaid Calling Cards This service permits use of Prepaid Calling Cards for placing long distace calls. Customers may purchae Company Prepaid Calling Cards at a variety of retail outlets or though other distrbution chanels. Company Prepaid Caling Cards are available at a variety of face values. Company Prepaid Calg Cad service is accessed using the Company toIl-free number printed on the card. The caler is prompted by an automated voice response system to enter hijher Authorization Code, and then to enter the terminatig telephone number. The Company's processor tracks the call duration on a real time basis to determie the number of Telecom Units consumed. The total consumed Telecom Units and applicable taxes for each cal are deducted from the remaing Telecom Unit balance on the Customer's Company Prepaid Callng Card. All calls must be chaged agait Prepaid Calling Card that has a suficient Telecom Unit balance. A Customer's cal wil be interrupted with an anouncement when the balance is about to be depleted. When the balance is depleted, the Customer can either call the toIl-free number on the back of the Company Prepaid Calling Card and "recharge" the balance on the card using a nationally recognzed credit card, or the Customer can thow the card away and purchase a new one. Calls in progress wil be termated by the Company if the balance on the Company Prepaid Calling Cad is inufcient to contiue the calL. A card wil expire on the date indicated on the card, or if no date is specifed, 6 months from the date of purchase, or the date of last recharge, whichever is later. The Company wil not refund unused balances. A credit allowance for the Company Prepaid Caling Card Service is applicable to cals that are interrupted due to poor tranmission, one-way tranmission, or involuntary disconnection of a calL. To receive the proper credit, the Customer must noti the Company at the designated toIl-free customer service number printed on the Company Prepaid Calling Card and furnish the called number, the trouble experienced (e.g. cut-off, noisy circuit, etc.), and the approximte tie that the call was placed. Issued: March 30, 2010 Issued By: Title: Efectve: Tar Admstrator BELLERUD COMMUICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 20 When a call charged to a Company Prepaid Calling Card is interrupted due to cut-off, one-way transmision, or poor tranmission conditions, the Customer wil receive a credit equivalent of one Telecom Unit. Credit alowances for calls pursuant to Company Prepaid Card Service do not apply for interruptions not reported promptly to the Company or interrptions 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 with the control of the Company. The Company wil block all calls begig with the NP A "900" and NXX "976" calls, therefore such calls can not be completed. 3.5.5 Directory Assistance. Access to long distance directory assistance is obtaied by dialing 1 + 555- 1212 for listigs with the origiating area code and 1 + (area code) + 555- 1212 for other listings. When more than one number is requested in a single call, a charge wi apply for each number requested. A charge wil be applicable for each number requested, whether or not the number is listed or published. 3.5.6 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 wil be provided to Customers pursuant to contract. Unless otherwse 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 wil be made available to simarly situated Customers on a non- discriminatory basis. All such arrangements wil be filed as required by Commssion rules and regulations. Issued: March 30, 2010 Issued By: Title: Efective: Tarif Admnistrator BELLERUD COMMICATIONS, LLC Idao PUC Tar No.1 Sheet No. 21 3.5.7 Emergency Call Handling Procedures Emergency "911" cals are not routed to company, but are completed though the local network at no chage. 3.5.8 Promotional Offerings The Company may, from tie to tie, mae promotional offerings to enhce the marketig of its services. These offerings may be limted to certai dates, ties and locations. The Company wi notiy the Commsion of such offerigs as required by Commssion rules and regulations. Issued: Mach 30, 2010 Issued By: Title: Efective: Tar Admstrator BELLERUD COMMUICATIONS, LLC Idaho PUC Tarif No.1 Sheet No. 22 SECTION 4 - RATES 4.1 1 + & 101XX Dialing Qwest LATA 652jSouthIdaho "Day Evenig Nights/Weekend First Add'l First Add'l First Add'l Minute Miute Minute Minute Minute Minute Residence 0.375 0.375 0.200 0.200 0.200 0.200 Business 0.320 0.320 0.320 0.320 0.320 0.320 Qwest LATA 676 j North Idaho Day Evenig Nights/Weekend First Add'l First Add'l First Addll Minute Miute Minute Miute Minute Minute Residence 0.150 0.150 0.150 0.150 0.150 0.150 Business 0.150 0.150 0.150 0.150 0.150 0.150 Verizon Northwest Peak Off-Peak First Add'l First Add'l Minute Minute Minute Minute Residence 0.320 0.320 0.210 0.210 Business 0.320 0.320 0.210 0.210 Biled in one miute increments Issued: March 30, 2010 Issued By: Title: Efectve: Tar Admnistrator BELLERUD COMMICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 23 4.2 Travel Cards Qwest LATA 6521 South Idaho Qwest LATA 6761 North Idaho Verizon Northwest A $.25 per cal service charge applies. Biled in one miute increments 4.3 Toll Free Service $00.32 per miute Biled in one miute increments Peak Each Miute $0.320 $0.32 $0.320 Off-Peak Each Minute $0.32 $0.32 $0.21 Issued: Marh 30, 2010 Issued By: Title: Efective: Tar Admstrator BELLERUD COMMICATIONS, LLC Idaho PUC Tarf No.1 Sheet No. 24 4.4 Prepaid Calling Cards Program A $.015 Per Telecom Unit B $.019 Per Telecom Unit C $.025 Per Telecom UnitD $.029 Per Telecom Unit E $.032 Per Telecom Unit F $.035 Per Telecom Unit G $.039 Per Telecom UnitH $.049 Per Telecom Unit I $.05 Per Telecom Unit J $.059 Per Telecom UnitK $.06 Per Telecom Unit L $.08 Per Telecom UnitM$.09 Per Telecom UnitN $.10 Per Telecom Unit o $.11 Per Telecom Unit P $.12 Per Telecom Unit Q $.13 Per Telecom UnitR $.14 Per Telecom Unit S $.15 Per Telecom Unit T $.19 Per Telecom UnitU $.20 Per Telecom UnitV $.25 Per Telecom UnitW $.29 Per Telecom UnitX $.30 Per Telecom UnitY $.33 Per Telecom Unit Z $.35 Per Telecom Unit AA $.39 Per Telecom Unit BB $.40 Per Telecom Unit CC $.50 Per Telecom Unit DD $.005 Per Telecom Unit EE $.01 Per Telecom Unit FF $.07 Per Telecom Unit A $.99 per call service chage applies. A one-tie maintenance fee of $1.00 applies afer the 1st call. Issued: March 30, 2010 Issued By: Title: Efective: Tarif Admnitrator BELLERUD COMMCATIONS, LLC Idaho PUC Tar No.1 Sheet No. 25 4.5 Directory Assistance Qwest LATA 6521 South Idaho Qwest LATA 6761 Nort Idaho Verizon Northwest Per Ca $1.25 $1.25 $0.30 4.6 Station Charges The following chages are in addition to the MT rates stated previously in ths section. Qwest LATA 6521 South Idaho Chage per Call Callig Cad $4.99 Operator Assisted Station-to-Station $5.50 Person-to-Person $9.99 Operator Verifcation $1.50 Interrupt Service $3.00 Qwest LATA 6761 North Idaho Charge per Cal Customer-Dialed Caling Card $0.60 Operator Assisted Station-to-Station $1.30 Person-to-Person $3.50 Operator Verification $1.50 Interrupt Service $3.00 Verizon Northwest Charge per Call Calling Card $0.60 Operator Assisted Station-to-Station $1.25 Person-to- Person $3.00 Operator Verifcation $1.50 Interrupt Service $3.00 Issued: Mach 30, 2010 Issued By: Title: Efectve: Tar Admstrator BELLERUD COMMICATIONS, LLC Idaho PUC Tar No.1 Sheet No. 26 4.7 Rate Periods Monday - Friday Sat.Sun. 8 a.m. Daytie Rate Period to 5p.m.* 5 p.m. Evening Rate Period Evenig to Rate 11 p.m.*Period 11 p.m. Night/Weekend Rate Period to 8a.m.* * To, but not including When a message span more than one rate period, tota charges for the minutes in each rate period are calculated and the results for each rate period are totaed to obtain the total message charge. If the calculation results in a fractiona charge, the amount wil be rounded up to the higher cent. 4.8 Payphone Dial Around Surcharge A dial around surcharge of $0.60 per call wil be added to any completed intrastate toIl access code and subscriber toIl-free 800/888 type cals placed from a public or semi-public payphone. Issued: March 30, 2010 Issued By: Title: Efectve: Tar Admnistrator BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 1 PSC - il - TARF NO.2 LOCAL EXCHAGE SERVICE REGULATIONS, RULES AN TARF SCHEDULES OF INTATE CHAGES FOR BELLERUD COMMICATIONS, LLC ISSUED: March 30, 2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 2 PSC - il - TARF NO.2 CHECK SHEET The sheets of this Tarff are effective as of the date shown on at the bottom of the respective sheet(s). Origial and revised sheets as naed below comprise all changes from the origil Tarff and are curently in effect as of the date on the bottom of this sheet. SHEET 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 REVISJONOrigi Original Original OrigialOrigi Original Origial Origil Origial Origial Origil Origil Origil Origil Origial Original Origil SHEET 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 REVISION Origil Origial Origial Origial Origil Origial OrgialOrigi Origial Origial Origil Origil OrigilOrigi Orgial Original Origial SHEET 35 36 37 38 39 40 41 42 43 44 45 46 47 48 REVISION OrigialOrigi OrigialOrigiOrigi Origil OrigilOrigi OrigialOrgiOrgil Origial Origil Origial ISSUED: March 30, 2010 ISSUED BY: Tarff Admnistrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 3 PSC - il - TARF NO.2 TABLE OF CONTENTS Title Sheet 1 Check Sheet 2 Table of Contents 3 Index 4 Applicability 6 Explantion of Symbols 7 TanffFormt 8 9 11 32 38 41 Section 1. Defitions Section 2. Reguations Section 3. Serice Descriptions and Rates Section 4. Promotiona Offerigs Section 5. Lifeline Progr Section 6. Lin-Up Progr ISSUED: March 30, 2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 4 PSC - il - TARIFF NO.2 INEX Access Chages..... ......... ......... ....... .... ......... ............. .......................... .... ..... .......... ............ .......... ................ 22 Allowances for Interrptions of Serce...... ........... .................... ......... ...... ...... ........... ...... ....... ..... ........... ... 26 Applicability.......... ..... ...... .................. .................. .... ..... ............... ............ .......... ......................... ......... ........ 6 Billing and Collection of Charges... ...... ..... .................... .... ............ ................ ........ ........ ............ ................ 22 Customer Complaits and/or Biling Disputes..........................................................................................38 Cancellation of Application for Servce .......... ....... ......... ................. .......... ............... ...... ..... ............ .......... 29 Cancellation of Service.. ...... ...................... ....... ........ ....... ....... ... ......... ..... ... ...... .... ...... ... ........... ......... .... ..... 29 Cancellation of Servce bv the Customer ... .............. .......... ..................... .......... ..... ..... ....................... ..... ... 30 Claim.........................................................................................................................................................21 Credit for Interrptions ..... ...... ................... ... .... ..... ..... ....... ..... ... ....... .... .... ................. ..... .... ...... .................. 25 Directory Assistance................................................................................................................................... 35 Directory Listings ....... ..... ............. ........ ..... ........ ..... ........... ........ ....... ........ ...... ............... ............. ....... ......... 35 Discontinuance of Servce ...... ........ ............ ...... ....... ..... ...... ......... ..... ................................. ......................... 23 Emergency Servces ...................................................................................................................................37 Liability of the Company............................................................................................................................ 12 Limtations...... ...... ....... .... ............ .................... ......... ................ ........... ........ ........ .......... .... ... ............ ...... .... i 1 Limitations on Allowances......................................................................................................................... 28 Local Exchage Servce ............................................................................................................................. 32 Local Line...................................................................................................................................................33 Local Line Rates and Charges .................................................................................................................... 33 Miscellaneous Fixed Non-Recurg Charges............................................................................................ 37 Miscellaneous Varable Non-Recurng Charges .............~....................................................................... 37 Notices and Communcations.....................................................................................................................31 Notification of Service-Affecting Activities .............................................................................................. 18 Obligations of the Cutomer.......................................................................................................................20 Ownership of Facilities........................................... .................................................................................... 19 Payment Arangements ............... .... .... ......... ............ .......... ... ................ .... .......... ..... ............... ................... 22 Payment for Service ........ .... ..... .... ..... ....... ............. .... ........................ ..... .......... ..... .... ... ... ..... ....... ..... ..... ..... 21 Tarff Format............................................ ....................................................................................................8 Prohibited Uses........................................................................................................................................... 19 Provision of Equipment and Facilities........................................................................................................ 17 ISSUED: March 30, 2010 ISSUED BY: Tarff Admiistrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 5 PSC - il - TARF NO.2 INEX (Contiued) Scope..........................................................................................................................................................11 Section 1 Defintions ...... .... .... .............................................................. ........................... ..... ............. ........... 9 Section 2 Regulations....... ..... ...... ..................................... ............ ......... .............. ................... .................... 11 Section 3 Servce Descnptions and Rates ........................................... ...................................................... 32 Section 4 Promotional Offenngs ............................................................................................................... 38 Section 5. Lifeline Progr....................................................... .................................. ..40 Securty.......................................................................................................................................................23 Servce Area .................................................................................................................. ............................. 32 Symbols Sheet .................................................... ... ................... ............ ................................. ..... ...... ............ 7 Taxes ..........................................................................................................................................................22 Term and Conditions................ .............................. ......... ................... ................ ........ ........... ......... ........... 11 Trafer and Assignents ......... ... ... ........................................................................... ..... .......... ....... .......... 30 Use of Altertive Servce Provided by the Company............................................................................... 29 ISSUED: March 30,2010 ISSUED BY: Tarff Admnistrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 6 PSC - il - TARFF NO.2 APPLICABILIT This Tarff contain the descriptions, reguations, servce stadads and rates applicable to the fushig of local serce and facilities for telecommuncations servces provided by Bellerud Communcations, LLC, 401-B W. Montgomery Street, Wills, Texas 77378. Ths Tarff applies for servces fushed with the State of Idaho. Ths Tarff is on fie with the Idao Public Utilties Commssion, and copies may be inspected, durng norml business hours, at the Company's pricipal place of business. ISSUED: March 30, 2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wills, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 7 PSC - il - TARF NO.2 SYMOLS SHEET The following are the only symbols used for the puroses indicated below: D - Delete Or Discontinue I - Change Resulting In An Increase To A Customer's Bil M - Moved From Another Tarff Location N-New R - Change Resultig In A Reduction To A Cutomer's Bil T - Chage in Text Or Regulation But No Chage In Rate Or Chage ISSUED: March 30,2010 ISSUED BY: Tarff Adminstrator 401-B W. Montgomery Street Wills, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 8 PSC - il - TARIFF NO.2 TARF FORMT A. Sheet Numberig - Sheet numbers appear in the upper nght hand comer of the sheet. Sheets are numbered sequentially. However, new sheets are occasionally added to the Tarff. When a new sheet is added between sheets aleady in effect, a deciml is added. For exaple, a new sheet added between sheets 14 and 15 would be 14.1. B. Sheet Revision Numbers - Revision numbers also appear in the upper nght comer of each sheet. These numbers are used to detere the most curent sheet verion on fie with the Commssion. For example, the 4th revised Sheet 14 cancels the 3rd revised Sheet 14. Because of varous suspenion perods, deferrals, etc. the Commssion follows in thei Tarff approval process, the most curent sheet number on fie with the Commssion is not always the Tarff sheet in effect. Consult the Check Sheet for the sheet curently in effect. C. Pargraph Numbenng Sequence - There are six levels of pargraph codig. Each level of codig is subserent to its next higher level: 2. 2.1 2.1.1 2.1.1.A 2. 1. 1.A.1 D. Check Sheets - When a Tarff filing is made with the Commssion, an updated Check Sheet accompanes the fiing. The Check Sheet lists the sheets contaed in the Tarff, with a cross-reference to the curent revision number. When new sheets are added, the Check Sheet is changed to reflect the revision. An astersk (*) designates all revisions made in a given filg. There wil be no other symbols used on ths shee if these are the only changes made to it. The Tanff user should refer to the latest Check Sheet to fid out if a paricular sheet is the most curent on fie with the Commssion. ISSUED: March 30, 2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 9 PSC - il - TARF NO.2 Section 1 Defitions Certin ters used generally thoughout ths Tarff are defied below. Advance Payment: Payment of al or par of a chage required before the star of servce. Call Waiting: Provides the customer with a burt of tone to indicate tht another call is waiting. The second call can either be anwered by flashig the switch-hook or hagig up the telephone and being rug back by the caller. Calling Number ID: Provides the Cutomer with the cag par's telephone number. Ths inormtion wil be displayed only if the Cuomer provides the appropriate hadware. Such hardware is not avaiable frm the Company. Company: Bellerud Communcations, LLC a Texas Limted Liability Company which is the issuer of this Tarff. Custom Calling Package: An optiona servce consisting of Call Waiting and Three-Way Callig. Customer: The person or other entity tht ordered servce and is responsible for the payment of chages and for compliance with the Company's Tarff reguations. Due Date: The date on which a Cuomer payment is due to the Company. Local Provider: A company that fushes exchage telephone serce. Nonpublished Listing: A diectory listing which is neither prited in a diectory nor available from diectory assistace. Non-Recurg Charges: The one-time intial chages for servces including, but not Limted to, charges for ination and special fees for which the Customer becomes liable at the time the Servce Order is executed. Recurg Charges: The monthy chages to the Customer for serces tht continue for the agreed-upon durtion ofthe servce. Servce Order: The request for loca exchage servces intiated by the Cutomer in a formt specified by the Company. Servces: The Company's telecmmuncation serces offered to the Customer. Set-Up Charge: A non-recurg charge to establish the Customer's account. ISSUED: March 30, 2010 ISSUED BY: Tarff Adminstrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 10 PSC - il - TARFF NO.2 S~tion I Defitiorn (Cominuoo) Station: Telephone equipment from or to which cals are placoo. Three-Way Calling: The Customer can sequentially call two other people and add them together to mae up a thee-way call. Toll Activity Charge: Toll calls are blocked, when servce is orderoo. Underlying carer: The underlyig incumbent Local Exchage Carer, or other alterntive carer, which provides facilities and/or local exchage telephone serces to the Company for resale to the Customer. User: A Customer or any other person authorizoo by the Customer to use serce provided under this Tarff. ISSUED: March 30,2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wills, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 11 PSC - il - TARFF NO.2 Section 2 Reguations 2.1 Scope The Company undertes to fush loc exchage communcations serce in connection with one-way and/or two-way inormtion trmission between points with the State of Idao under the term of ths Tarff. Customers may use servces and facilties provided under this Tarff to obta access to . servces offered by other servce provider. The Company is responsible under this Tarff only for the servces provided herein and it assues no responsibilty for any serce provided by any other entity. 2.2 Limtations Servce is offered subject to the avaiability of underlyig carer facilities and the provisions of ths Tarff. The Company reserves the right to discontinue fushig servce or limt the use of servce necessitated by conditions beyond its control, or when .the Customer is using servce in violation of the law or the provisions of ths Tarff. 2.3 Term and Conditions Service is provided and biled on a prepaid basis, for a mium period of at least one month, and shall continue to be provided until canceled by the Customer, in writing or verbally, on not less th th days notice. Unless otherwise specified herein for the purose of computing chaes in ths Tarff, a month is considered to have 30 days. All caculations of dates set fort in ths Tarff shal be based on, calenda days, uness otherise specified herein. There is no biling of customers in areas. The natue of the business of a prepaid local exchange telephone serce is that the servce is termted uness payment is made in advance of the provision of servce and the payment must be received by a certai date. ISSUED: March 30, 2010 ISSUED BY: Tarff Admnistrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 12 PSC - il - TARF NO.2 Section 2 Reguations (Continued) 2.3 Term and Conditions (Continued) At the expiration of any term specified in each Serce Order, or in any extension thereof, servce shall continue on a month-to-month basis at the then curent rates uness termted by either par. Any termtion sha not relieve Customer of his obligation to pay any chages incured under the Servce Order and ths Tarff prior to termation. The rights and obligations, which by their natue extend beyond the teration of the ter of the Servce Order shall surve such termation. This Tarff shall be interreted and governed by the laws of the State of Idao without regard for the State's choice of laws provision. Another Telephone Company must not interfere with the right of any person or entity to obtai servce directly from the Company. The Customer has no proper right to the telephone number or any other call number designtion associated with serces fushed by the Company. The Company reserves the right to chage such numbers, or the cetr offce designation associated with such numbers, or both, assigned to the Customer, whenever the Company deems it necessar to do so in the conduct of its business. 2.4 Liabilty of the Company The liability of the Company arsing out of the fushig of its serces includig but not limted to mistakes, omissions, interrptions, delays, or errors, other defects, or representations by the Company, or use of these servces or dages arsing out of the failure to fush the servce whether caused by acts or omission, shall be limted to the extension of allowances for interrption as set forth in Section 2.12 below, uness ordered by the commssion. The extension of such allowances for interrption shall be the sole remedy of the Customer and the sole liability of the Company. The Company wil not be liable for any direct, indirect, incidental, special, consequential, exemplar or puntive dages to Customer as a result of any Company servce, equipment or facilities, or the acts or omissions or negligence of the Company's employees or agents. The Company's liabilty for wilfu misconduct, if established as a result of judicial or admnistrtive proceedings, is not limted by ths Tarff. With respect to any clai or suit, ISSUED: March 30,2010 ISSUED BY: Tarff Admnistrator 401-B W. Montgomery Street Wills, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 13 PSC - il - TARF NO.2 by a Customer or by any others, for dages associated with the orderg (includig the reseration of any specific number for use with a serce), intaation (includig delays thereof), provision, termtion, matenace, repai, interption or restoration of any servce or facilties offered under ths Tanff, and subject to the provisions of Section 2.12, the Company's liability, if any, shal be limted as provided herein. ISSUED: March 30, 2010 ISSUED BY: Tarff Admnistrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 14 PSC - il - TARF NO.2 Section 2 Regulations (Continued) 2.4 Liability ofthe Company (Continued) The Company shall not be liable for any delay or faiure of performce or equipment due to causes beyond its control, includig but not limted to: acts of God, fie, flood, explosion or other catastrophes; any law, order, reguation, diection action or request of the United States governent or of any other governent including state and local governents havig or claing jursdiction over the Company, or of any deparent, agency, corrssion, bureau, coiporation or other intrentality of anyone or more of these federal, state, or local governents, or of any militar authority; preemption of existing servce in compliance with national emergencies. riots, war, unvailabilty of right-of-ways or materials, or stries, lockouts, work-stoppages, or other labor diffculties. The Company shall not be liable for: (a) Any act or omission of any entity. Furshig the Company or the Company's Customers facilities or equipment used for or with the servces the Company offers, or (b) For the acts or omissions of other common carers or their employees or agents. The Company shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfuction of Customer-provided equipment or facilities. The Customer shall indemnfy and hold the Company haess from any and all loss, claim, demads, suits or other action, or any liabilty whatsoever, whether suffered, made, instituted, or asserted by any other pary or person(s), and for any loss, dage, or destrction of any property, whether owned by the Customer or others, caused or claimed to have been caused diectly or indirectly by the installation, operation failure to operate, maintenace, removal, condition, location or use of any installation provided by the Company. The Company reserves the right to requie each Customer to sign an agreement acknowledgig acceptance of the provisions of ths Section as a condition to such intallations. ISSUED: March 30,2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 15 PSC - il - TARF NO.2 Section 2 Reguations (Continued) 2.4 Liability ofthe Company (Continued) The Company shal not be liable for any defacement of or damge to the Customer's premises resulting from the fushig of serces or equipment on such premses or the intallation or removal thereof, uness such defacement or dage is caused by the wilfu misconduct of the Company's agents or employees. No agents or employees of other entities shl he deeed to be agents or emloyees of the Company. Notwithtandig the Customer's obligations as set fort in Section 2.9.2, the Company shall be indemfied, defended, and held haess by the Customer or by others authorized by it to use the serce agai any clai loss or dage arsing from Customer's use or servce fushed under ths Tarff, includig: (a) Clai for liable, stader, invasion of privacy or ingement of copyrght arsing from the material, data inormation, or other content tranmitted via the Company's serce, and (b) Patent ingement clai arsing from combing or connecting the serce offered by the Company with appartu and systems of the Customer or others, and (c) All other clai arsing out of any act or omission of the Customer or others; in connection with any serce provided by the Company pursuat to ths Tarff. The entire liabilty of the Company for any claim loss, damge or expene from any cause whatsoever shall in no event exceed sum actully paid to the company by the Customer for the specific servces giving rise to the clai and no action or proceeding agaist the Company shall be commenced more than one year afer the serice is rendered, uness ordered by the commssion. The Company makes no warties or representations, expressed or implied either in fact or by opertion of law, statutory or otherise, including waranties of merchatabilty or fitness for a paricular use, except those expressly set forth herein. The Company shall not be liable for any act or omission of any other company or companes fushing a portion of the servce, or for daages associated with service, facilities or equipment which it does not fush, or for damges which result from the operation of Customer-provided system, equipment, facilities or servces which are interconnected with Company servces. ISSUED: March 30,2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 16 PSC - il - TARIFF NO.2 Section 2 Reguations (Continued) 2.4 Liability of the Company (Continued) The Company does not guartee nor mae any waranty with respect to servce instalations at locations of which there is present atmosphere that is explosive, prone to fire, dagerous or otherwise unuitable for such intallations. The Customer shall indemfy and hold the Company haress from any and all loss, clai, demands, suits or other action, or any liability whatsoever, whether suffered, made, intituted or asserted by the Customer or by any other pary, for any persona injur to, or death of any person or persons, or for any loss, dage or destrction of any propert, whether owned by the Customer or others, caused or claimed to have been caused, diectly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, locations or use of service fushed by the Company at such locations. The Company shall not be liable for the Cutomer's failure to fufill its obligations to tae all necessar steps includig, without limtation, obtaig, intalling and maintaig all necessar equipment, materials and supplies, for interconnecting the Station, termnal equipment or communcations system of the Customer or aný thid-pary acting as its agent, to the underlyig carer's network. The Customer shal secure all licenses, permts, rights of-way, and other arangements necessar for such interconnection. In addition, the Customer shall inure that its equipment and/or system, or that of its agent, is properly intedaced with the Company's servce, tht the signls emitted into the underlying carer's network are of the proper mode, band-width, power, data speed, and signal level for the intended use of the Customer and in compliance with the criteria set forth in Section 2.6 following, and that the signals do not dage Company or underlyig carer's equipment, injure its personnel or degrade servce to other Customers. If the Customer or its agent fails to maintain and operate its equipment and/or system or that of its agent properly, with resulting har to Company or underlyig carer's equipment, personnel, or the quality of service to other Customers, the Company may require the use of protective equipment at the Customer's. expense or termnate the Customer's servce without liability. ISSUED: March 30,2010 ISSUED BY: Tanff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 17 PSC - il - TARIFF NO.2 Section 2 Reguations (Continued) 2.4 Liabilty of the Company (Contiued) With respect to Emergency Number 911 Servce: Ths servce is offered solely as an aid in hadling assistace calls in connection with fie, police and other emergencies. The Company is not responsible for any losses, clai, demds, suits or any liabilty whatsoever, wheter suffered, made, instituted or asserted by the Customer or by any other par or person for any personal injur or death of any person or persons, and for any loss, damge or destrction of any proper, whether owned by the Cutomer or others, caused or claied to have bee caused by; Mistes, omissions, interptions, delays, erors or other defects in the provision of ths serce, or Intaation, opertion, faiure to operate, maintenance, removal, presence, condition, locaon or use of equipment and facilties fushig tbis serce. Neither is the Company responsible for any ingement or invasion of the right of privacy of any person or persons, caused or claimed to have been caused, diectly or indiectly, by the intaation, opertion, faiure to operate, maintenance, remova, presence, condition, ocasion or use of enced 911 servce featues and the equipment associated therewith or by any servces fushed by the Company includig, but not limted to, the identification of the telephone number, address or name associated with the telephone used by the pary or paries accessing enhanced 911 serce, and wbich arse out of the negligence or other wrongfu act of the Company, the Customer, its users, agencies or muncipalities, or the employees or agents of anyone of them. The Company's liabilty arsing from errs or omissions in Directory Listings, other than chaged listings, sha be limted to the amount of actul impairent to the Customer's servce. In cases of chaged Directory Listings, the liabilty of the Company shal be limted to an amount not exceedg the amount of chages for the charged listings involved durg the period covered by the directory in wbich the eror or omission occur. ISSUED: March 30, 2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTWE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 18 PSC - il - TARIFF NO.2 Section 2 Regulations (Continued) 2.4 Liabilty of the Company (Continued) In conjunction with a Non-published Listing, as described in Section 3.4, the Company wil not be liable for failure or refusal to complete any call to such telephone when the call is not placed by number. The Company wil tr to prevent the disclosure of the number of such telephone, but wil not be liable should such number be divulged. When a Cutomer with a Non-published Listing as defied herein, places a cal to the Emergency 911 Servce, the Company wil release the name and address of the calling par, when such inormtion can be detered, to the appropriate local goverental authority responsible for the Emergency 911 Servce upon request of such governental authority. By subscribing to service under this Tarff, Customer acknowledges and agrees with the release of inormation as described above. 2.5 Notification of Service-Affecting Activities The Company wil provide the Customer reasonable notification of servce-affecting activities that may occur in norml operation of its business. Such activities may include, but are not limted to, Company or underlying carer equipment or facilties additions, removals or reargements and routine preventative maintenance. Generally, such activities are not specific to an individua Customer but affect may Customers servces. No specific advance notification is applicable to all servce activities. The Company wil work cooperatively with the Customer to determe the reasonable notifications requirements. With some emergency or unplaned servce-affecting conditions, such as outage resulting from cable damge, notification to the Customer may not be possible. 2.6 Provision of Equipment and Facilities The Company shall use reasonable efforts to mae available servces to a Cutomer on or before a paricular date, subject to the provisions of and compliance by the Customer with, the regulations contained in ths Tarff. The Company does not guantee availability by any such date and shall not be liable for any delays in commencing servce to any Customer. The Company shall use reasonable efforts to cause the underlyig carer to maintain its own facilities which the Company fushes to the Customer. The Customer may not, nor may the Customer pent others to, rearange, disconnect, remove, and attempt to repair or otherwise interfere with any of the facilities provided by the underlying carer or the Company. ISSUED: March 30, 2010 ISSUED BY: Tarff Adminstrator 401- B W. Montgomery Street Wilis, Texas 77378 EFFECTNE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 19 PSC - il - TARIFF NO.2 Section 2 Reguations (Continued) 2.6 Provision of Equipment and Facilties (Continued) The Customer shal be resnsible for the payment of serce charges as set forth herein for visits by the Company's agents or employees to the Customer's premses when the serce diffculty or trouble report results from the use of equipment or facilties provided by any par other th the underlyig caer or the Company, includig but not limted to the Cutomer. The Company shal not be responsible for the instalation, opertion, or maintenance of any Cutomer-provided communcations equipment. Where such equipment is connected to the facilities fushed purt to ths Tarff, the responsibility of the Company shal be lited to the fushig of facilities offered under ths Tarff and to the matence and opertion of such facilities. Beyond ths responsibility, the Company shall not be responsible for: The trmission of signls by Customer-provided equipment or for the quality of, or defects in such tramission; or The reception of signals by Customer-provided equipment. 2.7 Ownership of Facilties Title to al facilties provided in accrdace with ths Tarff remin in the underlying carer, its agents or contrctors. 2.8 Prohibited Uses The servces of the Company shal not be used for any unawful purose or for any use for which the Cutomer ha not obtaed al requied governenta approvals, authorizations, licees, consents and perts. ISSUED: March 30, 2010 ISSUED BY: Tarff Admstrator 401-B W. Montgomery Street Wills, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 20 PSC - il - TARFF NO.2 Section 2 Regulations (Continued) 2.9 Obligations of the Customer 2.9.1 Genera The Customer shall be responsible for: A. The payment of all applicable charges pursuant to this Tarff; B. Reimbursing the Company for dage to, or loss of the Company's or underlyig carer's facilities or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer with these reguations; or by fire or theft or other casuaty on the Customer's premises not caused by the negligence or willful misconduct of the employees or agents of the Company. The Company wil upon reimbursement for daages cooperate with the Customer in prosecuting a clai agait the peron causing such dage and the Custorrer shall be subrogated to the Company's nght of recover of damges to the extent of such payment; C. Providing at no chage, as specified from time to time by the Company, any needed peronnel, equipment, space and power to operate Company or underlyig carer facilities and equipment installed on the premises of the Customer; D. Any costs associated with alterg the strctue to permt intallation of the underlying carer-provided facilties. The Company may require the Customer to demonstrate its compliance with ths Section pnor to accepting an order for servce; E. Granting or obtag perssion for underlying carer or Company agents or employees to enter the premises of the Customer at any time for the purose of intallig, inspecting, maintaing, repairig, or upon termation of servces as stated herein, removig Company or underlyig caer facilties or equipment; ISSUED: March 30, 2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 21 PSC - il - TARF NO.2 Section 2 Reguations (Continued) 2.9 Obligations of the Cutomer (Continued) 2.9.1 Gener (Continued) F. Not creating or allowing to be placed or i:taed any liens or other encumbrances on the Company's or underlyig caer's equipment or facilities. 2.9.2 Claim With respect to any serce provided by the Company, the Customer shal indemfy, defend and hold haess the Company from all clai, actions, damges liabilties, costs and expenses, includig reaonable attorneys' fees for: A. Any loss, destrction or dage to propert of the Company or any thd par, or the death of or injur to persons, including, but not limted to, employees or invitees of either the Company or the Customer, to the extent caused by or resulting from the negligent or intentiona act or omission of the Customer, its employees, agent representatives, or invitees; or B. Any clai loss, dage, expene or liability for ingement of any copyrght, patent, trade secret, or any proprietar or intellectu proper right of any thd par, arsing from any act or omission by the Customer, includig, without limtation, use of the Company's servces and facilities in a maner not contemplated by the agreement between the Customer and the Company. 2.10 Reserved For Futue Use ISSUED: March 30,2010 ISSUED BY: Tarff Adminstrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 22 PSC - il - TARF NO.2 Section 2 Regulations (Continued) 2. i 1 Payment Arangements 2. i 1. i Payment for Servce The Customer is responsible for payment of all charges for serce provided by the Company to the Customer. If an entity other than the Company imposes charges on the Company, in addition to its own interal costs, in connection with a servce for which a Company Non-Recurg Chage is specified, those chages may be passed on to the Customer. Taxes & Fees Federal, state, and any local taxes or fees (e.g., gross receipts tax, sales ta, muncipal utilties tax) , if any, wil be added on the customer's bil in addition to the rates listed in this pnce sheet. Access Chages Any access or other chages which are imposed by order of or at the diection of the Federa Communcations Commssion wil be added on the Customer's bil in addition to the rates listed in ths pnce sheet. 2.11.2 Biling and Collection of Charges Bils wil be rendered monthly to Customer. All Non-Recurg Charges are due and payable in advance, uness other mutuly agreed arangements were made in advance. All Recurg Chages are due and payable upon request. The Company shall present bils for Recurg Chages monthly to the Customer in advance of the month for which servce is provided. For Customers whose serce is disconnected there will be refud in the amount of whatever balance of the customers serce did not get used. Amounts not paid by the Due Date are considered past due. A late chage may be assessed on any past due balance. ISSUED: March 30,2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 23 PSC - il - TARFF NO.2 Section 2 Reguations (Continued) 2.11 Payment Arangements (Continued) 2.11.3 The Customer shal notify the Company of any disputed item on a bil with 30 days of receipt of the bilL. If the Customer and the Company are unable to resolve the dispute to their mutu satisfaction, the Cutomer may fie a complait with the Idao Public Utilties Commssion. The date of the dispute sha be the date the Company receives suffcient documentation to enble it to investigate the dispute. The date of the resolution is the date the Company completes its investigation and notifies the Customer of the disposition of the dispute. 2.11.4 Reserved For Futue Use 2.11.5 Securty Customer Deposits There are no depsits requied of customer to establish servce. Servce is sold on a prepaid basis in monthly increments. 2 11.6 Discontinuace of Servce Discontinuance of servce wil be govered by the rues and reguations specifiedin this Tarff. ' Upon nonpayment of any reguated amounts owing to the Company, the Company wil provide 5 days wrtten notice prior to disconnection. In the event the customer does not renew their serce with the company by not makg a renewal payment prior to the end of their pre-paid perod, servce wil be discontinued without notice. Upon violation of any of the other materal ter or conditions for fushig servce the Company may discontinue or suspend servce without incurg any liabilty if such violation continues durg that period. ISSUED: March 30, 2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 24 PSC - il - TARFF NO.2 Section 2 Reguations (Continued) 2.11 Payment Arangements (Continued) 2.11.6 Discontinuance of Servce (Continued) The Company may discontinue the fushigs of any and/or all servce(s) to a Customer without incurg any liability, Imediately and without notice, if the Company deems tht such action is necessar to prevent or to protect against fraud or to otherwise protect its or the underlyig carer's personnel, agents, facilities or servces. The Company may discontinue servce pursuat to tls subsection if: A. The Customer refuses to fush inormtion to the Company regarding the Customer's credt-wortess, its past or curent use of common carer communcations servces or its planed use of servce(s); or B. The Customer provides false inormtion to the Company regardig the Customer's identity, address, creditwortess, past or curent use of common carer communcations serces, or its planed use of the Company's servce(s); or C. The customer states that it wil not comply with a request ofthe Company for securty for the payment for servce( s) in accordance with Section 2.11.5; or D. Customer has been given 5 days wrtten notice by the Company of any past-due amount (which rema unpaid in whole or in par) for any of the Company's other serces to which the Customer either subscribes, or had subscribed or used. ISSUED: March 30, 2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 25 PSC - il - TARF NO.2 Section 2 Reguations (Continued) 2.11 Payment Argements (Continued) 2.11.6 Discontinuace of Servce (Continued) D. The Cutomer uses or attemts to use, servce with the intent to avoid the payment, either in whole or in par, of the Tarffed chages for the serce by: (1) Using or attemting to use servce by rearangig, taperig with, or mag connections to the Company's servce not authorized by ths Tarff; or (2) Using tricks, schemes, false or invalid numbers, false credt devices, electronic devices; or (3) Any other frudulent mea or devices; or F. The Customer causes toll or any other chage by any entity other th the underlyig carer to appea on the Company's billig from the underlyig caer; or G. The serce is abandoned by the Customer; or H. The serce is used in such a maer as to interfere with the serce of other users; or i. The serce is used for unawfu puroses. The suspension or discontinuace of serice(s) by the Company pursuat to ths Section does not relieve the Cutomer of any obligation to pay the Company for charges due and owing for servce(s) fushed durg the time of or up to suspenion or discontinuance. ISSUED: March 30, 2010 ISSUED BY: Tarff Admnistrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMUNICATIONS, LLC ORIGINAL SHEET 26 PSC - il - TARF NO.2 Section 2 Regulations (Continued) 2.11 Payment Arangements (Continued) 2.11.6 Discontinuance of Serce (Continued) Upon the Company's discontinuace of servce to the Customer, all applicable charges, includig termation chages, shall become due. Ths is in addition to all other remedes that may be available to the Company by law or in equity or under any other provision of this Tarff 2.12 Allowances for Interrptions of Servce 2.12.1 Credt for Interrptions: When the use of servce or facilities fushed by the Company is interpted due to any cause other than the negligence or wilful act of the Customer, or the operation or failure of the facilties or equipment provided by the Customer, a pro rata adjustment of the monthly Recurng Charges subject to interrption will be allowed for the servce and facilities rendered useless and inoperative by reason of the interption whenever said interption continues for a period over 48 hours or more from the time the interrption is reported to or known to exist by the Company, except as otherwise specified in the Company's Tariffs. If the Customer reports a serice to be inoperative but declines to release it for testing and repai, it is considered to be impaired, but not interrpted. Credit allowance for the interrption of servce which is not due to the underlying carer's testing or adjusting, negligence of the Customer, or to the failure of chaels or equipment provided by the Customer, are subject to the general liability provisions set fort in Section 2.4 herein. It shall be the obligation of the Customer to notify the Company immediately of any interrption in serce for which a credt allowance is desired. Before givig such notice, the Customer shal ascer that the trouble. is not being caused by any action or omission by the Customer, with the Customer's control, or is not in wirg or equipment, if any, fushed by the Customer and connected to the Company's or underlyig carer's facilities. ISSUED: March 30,2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 27 PSC - il - TARF NO.2 Section 2 Reguations (Continued) 2.12 Allowances for Interrptions of Servce (Continued) 2.12.1 Credit for Interptions (Contued) The Customer shall be credted for any interption in the same proportion tht the underlyig carer credits the Company accordig to the following formula: Cutomer Credt = Al x C, where: A = Hours of outage B = 720 hours in the month C = Monthy chage to the Customer by the Company ISSUED: March 30, 2010 ISSUED BY: Tarff Adminstrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 28 PSC - ID - TARF NO.2 Section 2 Reguations (Continued) 2.12 Allowances for Interrptions of Servce (Continued) 2.12.2 Limtations on Allowances No credt allowance wil be made for: A. Interrption due to the negligence of or noncompliance with the provisions of ths Tarff by the Customer, any User, or other common carrer providing service connected to the servce of the Company if the ILEC's line is down. B. Interrptions due to the negligence of any person other tha the Company includig, but not limted to, the Customer. C. Interrptions due to the failure or malfuction of non- Company equipment; D. Interptions of servce durg any perod in which the Company and the underlyig carer are not given free access to their facilities and equipment for the purose of investigating and correcting interrptions; E. Interrption of servce durg a period in which the Customer continues to use the serce in an impaired basis; F. Interrptions of servce durg any perod when the Customer has released servce to the company or underlyig carer for maintenance puroses or for implementation of a Customer order for a chage in servce arrangements; G. Interrption of servce due to circumtances or causes by customers or users. ISSUED: March 30,2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wills, Texas 77378 EFFECTNE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 29 PSC - il - TARF NO.2 Section 2 Reguations (Continued) 2.12 Allowances for Interrptions of Serce (Continued) 2.12.3 Use of Altertive Servce Provided by The Company: Should the Cutomer elect to use an altertive serce provided by the Company durg the penod that a serce is interpted, the Cutomer must pay the Tarffed rates and chages for the alterive servce used. 2.13 Cancellation of Serce 2.13.1 Cancellation of Application for Serce Applications for serce are non-ccelable uness the Company otherwise agrees. Where the Company perts the Cutomer to cancel an application for serce prior to the star of serce, no chages wil be imposed except for those specified below. Where, prior to cancellation by the Customer, the Company incur any expenses in intalig the serce or in preparg to install the serce that it otherise would not have incured, a chage equal to the costs the Company incured shal apply, but in no cae shal ths charge excee the sum of the chage for the mium perod of serce ordered, including installation chages, and all chages others levy agat the Company that would have been chageable to the Cutomer had serce begu. ISSUED: March 30, 2010 ISSUED BY: Tarff Adminstrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 30 PSC - il - TARIFF NO.2 Section 2 Regulations (Continued) 2.13 Cancellation of Servce (Continued) 2.13.2 Cancellation of Service by the Customer If a Customer cacels a Servce Order or terates serces before the completion of the ter for any reason whatsoever other than a service interrption (as defied in Section 2.12.1), the Customer agrees to pay to the Company the following sum which shall become due and owing as of the effective date of the cancellation or termation and be payable with the perod set forth in Section 2.11.2: all costs, fees and expenses reasonably incured in connection with: A. Non-Recurg Charges reaonably expended by the Company to establish servce to the Customer, plus B. Any disconnection, early cancellation or termtion charges reasonably incured and paid to thd paries by the Company on behalf of the Customer, plus C. All Recurg Charges specified in the applicable Tarff of the balance of the then curent term. 2.14 Tranfer and Assignents Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the servces and facilities provided by the Company (or the underlyig carer) without the written consent of the other pary, except that the Company may assign its rights and duties (a) to any subsidiar, parent company or affiliate of the Company; (b) pursuat to any sale or tranfer of any assets of the Company; or ( c) pursuat to any fincing, merger or reorganzation of the Company. The Company wil give customers notification of any tranfer assignents and an option to change to another provider if the customer desires. ISSUED: March 30,2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 31 PSC - il - TARIFF NO.2 Section 2 Reguations (Continued) 2.15 Notices and Communcations 2.15.1 The Company shal mal or deliver al notices and other communcations to the Customer at the serce address, uness tht Customer designates a separate address to which the Company's bils for servce shal be mailed. In the case where a separate "bilg address" has been designted by the Customer, the Company sha also ma or deliver al notices and other communcations to the designted "biling address". 2.15.2 The Company sha designte on any Servce Order, and on each bil for serce, an address to which the Cutomer sha mal or deliver all notices and other communcations, except that Company may designte a separte address on each bil for servce to which the Cutomer sha mail payment on that bilL. 2.15.3 Al notices or other communcations required to be given puruat to ths Tarff wil be in wrting. Notices and other communcations of either par, and all bils mailed by the Company, shall be presumed to have been delivered to the other par on the thd business day following deposit of the notice communcation or bil with the U.S. Mail or a pnvate delivery serce, prepaid and properly addressed, or when actuy recved or refued by the addressee, whichever occur fist. 2.15.4 The Company or the Cuomer shal advise the other par of any changes to the addresses designted for notices, other communcations or biling; by following the procedures for givig notice set fort herein. ISSUED: March 30,2010 ISSUED BY: Tarff Admnistrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 32 PSC - il - TARFF NO.2 Section 3 Servce Descriptions and Rates 3.1 Local Exchange Servce A Stadad Residence Line provides the Customer with a single, anog, voice-grde telephonic communcations chael, which can be used to place or recive one call at a tie. Stadad Residence Lines ar provided for the connection of Cutomer-provided wig and single station sets or facsime machies. The Company's local telephone serce provides a Customer with the ability to connect to the underlying carer's switchig network which enables the Customer to: . place or receive calls to any callig Station in the local calling area, as defined herein . access enhanced 911 Emergency Servce (where available though the underlyig carer); . access operator servces (as specified in Section 3.3); · place cal to toll free 8XX telephone numbers. 3.1.1 Servce Area The Company's servce area incorporates all geographic regions-and exchages curently served by the following underlying carer: Thoughout the ILEC service areas withi the State of Idao. ISSUED: March 30,2010 ISSUED BY: Tarff Administrator 401-B W. Montgomer Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 33 PSC - il - TARF NO.2 Section 3 Servce Descriptions and Rates (Continued) 3.1 Local Exchange Servce (Continued) 3.1.1 Serce Area (Continued) Local caling Areas: Exchages and zones included in the loca calling area for the Customer's exchage or zone may be found in the telephone directory published by the underlyig caer in the Cuomer's exchange area. 3.1.2 Local Line A. Stadard Featues: Local Line provides the Customer with a single, voice-gre communcations chaeL. Each Local Line will include a telephone number. B. Optiona Featues: A Loal Line may order the following optional featues, at the rate specified in Section 3.1.3 Call Waiting Call Forwardig Thee Way Callig CalerID Call Retu Non-Published Number Inide Wirg 3.1.3 Local Line Rates and Charges A Local Line Cutomer wil be chaged applicable Non-Recurg and Monthly Recurg Chages. ISSUED: March 30,2010 ISSUED BY: Tarff Admnistrator 401-B W. Montgomery Street Wills, Texas 77378 EFFECTWE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 34 PSC - il - TARF NO.2 Section 3 Servce Descriptions and Rates (Continued) 3.1 Local Exchange Servce (Continued) 3.1.3 Local Line Rates and Charges (Continued) Callig Plan (Monthy Recurg Chages) A. Basic Package Unlimted Local Callig CallerID Call Waiting Monthly Chage: B. Deluxe Package Unlimted Local Calling Caller ID Number Delivery Call Waiting Call Retu Three Way Callig Call Blockig Cal Forwarding Call Trace 8 Code Speed Calling Monthy Charge: $33.49 (Non-Lifeline Customers) $19.99 (Lifeline Customers) $43.49 (Non-Lifelie Customers) $29.99 (Lifeline Cutomers) ISSUED: March 30, 2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 35 PSC - il - TARF NO.2 Section 3 Servce Descnptions and Rates (Continued) 3.1 Local Exchange Servce (Continued) 3.1.3 Local Line Rates and Chages (Continued) Non-Recurg Charges Connection Fee (local line)$60.00 Call Waiting Call Forwarding 3 Way Calling Calling Number il $ 8.00 (per line) $ 8.00 (per lie) $ 8.00 (per line) $10.00 (per lie) Recurg Charges - Monthy Call Waiting Call Forwarding 3 Way Calling Calling Number il Inide Wirg $ 5.00 (per lie) $ 5.00 (per line) $ 5.00 (per lie) $10.00 (per line) $7.00 (per line) ISSUED: March 30, 2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMCATIONS, LLC ORIGINAL SHEET 36 PSC - il - TARIFF NO.2 Section 3 Serce Descriptions and Rates (Continued) 3.2 Directory Assistance Customers wil access to Directory Assistance though L-8XX toll free access. 3.3 Operator Assistance Customers will have access to local operator serices only with the limtations imosed by the presence of the underlyig carer's toll restrction and biled number screeng servces. 3.4 Directory Listings The Company shall provide for a single diectory listing in the telephone diectory published by the underlyig carer in the Customer's exchange area. 3.4.1 In order for listings to appea in an upcomig diectory, the Cutomer must subscribe to serice from the Company in time to meet the directory-publishing schedule. 3.4.2 Directory listings are provided in connection with each Customer's servce as specified herein: A. Pri Listing: The listing shal include the first and last nae of the Customer. The listin wil also include the Customer's address. B. Non-published Listings: A Non-published telephone number will be fushed at the Customer's request providing for the omission or deletion of the Customer's telephone listing from the telephone diectory and the diectory assistance records. ISSUED: March 30, 2010 ISSUED BY: Tarff Admstrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTNE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 37 PSC - il - TARF NO.2 Section 3 Serce Descnptions and Rates (Continued) 3.4 Directory Listings (Continued) C. Non-Recurg Chages: Non-Recurg chages associated with Directory Listings are as follows: Non-published number (per line no chage if included in Cutomer's ongi servce order) $20.00 D. Recurg Chages: Monthy Recurg chages associated with Directory Listings are as follows: Non-published number $7.00 ISSUED: March 30,2010 ISSUED BY: Tarff Adminstrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 38 PSC - ID - TARIFF NO.2 Section 3 Servce Descriptions and Rates (Continued) 3.5 Miscellaneous Fixed Non-Recurng Charges: Chage Telephone Number $25.00 (per line) Trafer Account to New Address $60.00 (per line) Recnnect Previous Cutomer $60.00 (per line)Late Chage 1.5% (ofthe balance due)Servce Order Charge $20.00 (each time changes are made to a telephone number)Servce Extension Fee $5.00 3.6 Miscellaneous Varable Non-Recurg Charges For any incidental charges which appear on the Company's biling from the underlying carer (e.g., directory assistance, call tracing, etc.), the charges are passed though to the Customer. 3.7 Emergency Servces (Enhanced 9 i n Allows Cutomers to reach appropriate emergency servces includig police, fie and hospitaL. Enhced 911 has the abilty to selectively route an emergency call to the prima E911 provider so that it reaches the correct emergency servce located closest to the caller. In addition, the Customer's address and telephone inormtion wil be provided to the pri E91I provider for display at the Public Servce Anwerig Point (PSAP). ISSUED: March 30, 2010 ISSUED BY: Tariff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 39 PSC - il - TARF NO.2 Section 3 Serce Descrptions and Rates (Continued) 3.8 Customer Complaints and/or Biling Disputes Customer inquires or complaits regarding serice or accountig may be made in writing or by telephone to the Company at: 401-B W. Montgomer Street Wilis, Texas 77378 (800) 797-3547 Any objection to biled charges should be reported promptly to the Company. Adjustments to Customer' bils shall be made to the extent that recrds are available and/or circumstances exist which reasonably indicate that such charges are not in accordance with approved rates or that an adjustment may otherwse be appropriate. Where overbiling of a subscrber occurs, due either to Company or subscriber error, no liability exists which wil require the Company to pay any interest, dividend or other compenation on the amount overbiled. All Customer complaits are subject to the jursdiction of the Commssion which may be contacted at the following address and telephone number: 472 W. Washigton Street Boise, il 83702 Toll Free 1-800-432-0369 ISSUED: March 30, 2010 ISSUED BY: Tarff Admnistrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMUNICATIONS, LLC ORIGINAL SHEET 40 PSC - il - TARIFF NO.2 Section 4 Promotional Offerigs The Company, from time to time, may make promotional offenngs of its servces, wluch may include waivig or reducing the applicable charges for the promoted servce. The promotiona offenngs may be limted as to the durtion, the dae and times of the offergs and the locations where the offerigs are made. These promotions wil be submitted to the Idao Public Utilities Commssion for approvaL. ISSUED: March 30,2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTNE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 41 PSC - il - TARFF NO.2 Section 5 Lifelie Progr 5.1 General (A) The Lifeline program is designed to increase the availabilty of telecmmuncations serces to low income subscribers by providing a credit to monthy recurg local serce for qualifyg residential subscrber. Basic terms and conditions are in compliance with the FCC's Order on Universal Serce in CC Docket No. 97-157, which adopts the Federal-State Joint Board's recmmendation in CC Docket No. 96-45, which complies with the Telecmmuncations Act of 1996. (B) Lifeline is supported by the federal unversal service support mechansm. (C) Federal baseline support of eight dollars and twenty-five cents ($8.25) is available for each Lifeline serce and is passed though to the subscrber. An additional thee dollar and fifty cents ($3.50) credit is provided by the Company. Supplementa federal support of one dollar and seventy- five cets ($1.75), matchig one half of the Company contrbution, will also be passed along to the Lifeline subscrber. The tota Lifeline credit available to an eligible customer is theen dollars and fifty cents ($13.50). The amount of credit will not exceed the charge for local servce, which includes the access line, the Subscrber Line Charge and local usage. (D) Designated Serces Available To Lifeline Cutomers: (1) Single Par Serce (2) Local Usage (3) Touch Tone Serces (4) Voice Grade Access to the Public Switched Network (5) Accss to Emergency Services (6) Access to Operator Services (7) Access to Interexchange Servces (8) Accss to Directory Assistance (9) Toll Limtation Serce at No Charge ISSUED: March 30, 2010 ISSUED BY: Tarff Admistrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 42 PSC - il - TARFF NO.2 5.2 Regulations Section 5 Lifeline Program (Continued) (A) General (1) Customers eligible under the Lifeline program are also eligible for connection assistace under the Link-Up program. (2) One low income credit is available per household and is applicable to the primar residential connection only. The named subscriber must be a curent recipient of any of the low income assistance programs identified below. (3) A Lifeline customer may subscribe to any local servce offerig available to other residential customers. Since the Lifeline credit is applicable to the priar residential connection only, it may not be applied to multiple lines in a package for local serice. (4) Toll blockig, if elected, will be provided at no charge to the Lifeline subscriber. ISSUED: March 30, 2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 43 PSC - il - TARF NO.2 Section 5 Lifeline Progr (Continued) Lifeline Program (Contiued) Regulations (Contiued) (A) General (Contiued) (5) No deposit will be required of a Lifeline customer who subscrbes to toll blockig. If a Lifeline customer removes toll blockig prior to establishing an acceptable credit history, a deposit may be requied. When applicable, advance payments wil not exce the connection and local serce charges for one month. (6) The Federal Universal Servce Charge wil not be biled to Lifeline customer. (7) Lifeline subscrber's local serce wil not be disconnected for non- payment of reguated toll charges. Local service may be denied for non-payment oflocal calls. Access to toll serce may be denied for non-payment of regulated tolls. (8) At no tie shall a customer's Lifeline rate go below zero. 5.3 Eligíbility (A) Cutomer are eligible if they parcipate in at least one of the following programs: Federal Public Housing Assistace/Section 8 Supplemental Nutrtion Assistance Program (SNAP) Medicaid Low Income Home Energy Assistace Program (LIHEAP) Supplemental Securty Income (SSI) National School Lunch (free program only) Temporar Assistace to Neey Famlies (TANF) (B) All applications for serce are subject to verification with the state agency responsible for adstration of the quaifyg program. ISSUED: March 30, 2010 ISSUED BY: Tarff Admstrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 44 PSC - ID - TARIFF NO.2 Section 5 Lifeline Program (Continued) Lifeline Program (Contiued) 5.4 Certification (A) Proof of eligibilty in any of the qualifyg low income assistance programs should be provided to the Company at the time of application for services; or eligible Lifeline subscribers may enroll in the Lifeline program by signng a document cerifyng under penalty of perjur that the customer paricipates in one of the Lifeline eligible programs and identifyng the qualifyg program. When eligibility documentation is provided subsequent to installation, the Lifeline credit wil be provided on a going forward basis. (B) The Company reserves the right to periodically audit its records, workig in conjunction with the appropriate state agencies, for the purose of determg continuing eligibility. Information obtained durg such audit wil be treated as confidential information to the extent required under State and Federal laws. The use or disclosure of information concerng enrollees wil be limited to puroses directly connected with the adminstration of the Lifeline plan. (C) When a customer is determined to be ineligible as a result of an audit, the Company wil contact the customer. If the customer canot provide eligibility documentation withi 60 calendar days, the Lifeline credit wil be discontinued. ISSUED: March 30, 2010 ISSUED BY: Tarff Adminstrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 45 PSC - il - TARF NO.2 Section 5 Lifeline Program (Continued) Lifeline Program (Continued) 5.5 General (A) Lifeline is provided as a monthy credit on the eligible residential subscriber's access line bil for local serce. (B) Servce Charges are applicable for installing or changig Lifeline servce. (C) Lin-Up connection assistace may be available for installing or relocatig Lifeline serce. (D) The Serce Change Charge is not applicable when existing serce is convered intact to Lifeline. (E) The total Lifeline credit consists of one federal credit plus one (1) Company credit (1) Federal credit Monthy Credt All programs, one per Lifeline servce $10.00 (2) Company credit All programs, one per Lifeline servce $ 3.50 ISSUED: March 30, 2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wills, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 46 PSC - il - TARF NO.2 Section 6 Lin-Up Program 6..1 General (A) Link-Up is a program designed to increase the availability of telecommuncations servces to low income subscribers by providing a credit to the non-recurrg installation and service charges to qualifyg residential subscribers. Basic terms and conditions are in compliance with the FCC's Order on Universal Service in CC Docket 97-157, which adopts the Federal- State Joint Board's recommendation in CC Docket 96-45, which complies with the Telecommuncations Act of 1996. (B) Lin-Up is supported by the federal unversal servce support mechansm. (C) A federal credit amount of fift percent (50%) of the non-recurng charges for connection of servce, up to a maximum of th dollars ($30.00), is available to be passed though to the subscriber. 6.2 Regulations (A) General (1) Customers eligible under Link-Up are also eligible for monthy recurg assistace under the Lifeline program. (2) Link-Up connection assistance is available per household and is applicable to the priar residential connection only. (3) The Link-Up credit is available each time the customer installs or relocates the primar residential servce. (4) To receive the credit, proof of eligibility must be provided within 30 days after intallation of servce. (5) The total tarffed charges for connecting servce, including servce and other intallation charges, are considered in the credit calculation. ISSUED: March 30, 2010 ISSUED BY: Tarff Admnistrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTNE: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 47 PSC - il - TARFF NO.2 Section 6 Lin-Up Progr (Continued) Regulations (Contiued) (B) Eligibility (1) To be eligible for a Link-Up credit, a customer must be a curent recipient of anyone of the low income assistance programs set fort below: Federal Public Housing Assistace/Section 8 Supplementa Nutrtion Assistace Program (SNAP) Medicaid Low Income Home Energy Assistance Program (LllEAP) Supplementa Securty Income (SSI) National School Lunch (free program only) Temporar Assistance to Needy Famlies (TANF) (2) All applications for serce are subject to verification with the state agency responsible for adinstration of the qualifyngprogr. (C) Cerfication (1) Proof of eligibility in any of the quaifyng low income assistace programs should be provided to the Company at the time of application for servces; or eligible Lifeline subscribers may enroll in the Lin-Up program by signg a document cerfyg under penalty of perur that the customer paricipates in one of the Lin-Up eligible programs and identifyg the quaifyg program. When eligibility documentation is provided subsequent to instalation, the Lin-Up feline credit wil be provided on a going forward basis. ISSUED: March 30,2010 ISSUED BY: Tarff Adminstrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIV: BELLERUD COMMICATIONS, LLC ORIGINAL SHEET 48 PSC - il - TARF NO.2 Section 6 Lin-Up Program (Continued) Link-Up (Continued) (2) The use or disclosure of information concerning enrollees will be limted to puroses directly connected with the adstration of the Lin-Up plan. 6.3 Rates and Charges (A) The federal credit available for a Lin-Up connection is thrt dollars ($30.00) maximum or fift percent (50%) of the installation and service charges from ths Tariff, whichever is less. ISSUED: March 30, 2010 ISSUED BY: Tarff Administrator 401-B W. Montgomery Street Wilis, Texas 77378 EFFECTIVE: