Better World Telecom Inc.pdf

Page No.
Original
Idaho Publit Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
JAN 2 6 2003
Better World Telecom, Inc.
(Acceptance Stamp)Boise. Idaho
TITLE PAGE
INTRASTATE INTEREXHANGE TELECOMMUNICATIONS TARIFF
This tariff applies to the resold interexchange telecommunications services furnished by
Better World Telecom, Inc. ("BetterWorld" or "Company ) between one or more points in the
State of Idaho. This tariff is on file with the Idaho Public Utilities Commission, and copies may
be inspected, during normal business hours, at Company s principal place of business, 11921
Freedom Drive, Suite 550, Reston, Virginia 20190.
Issued:Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Page No.
Original
Better World Telecom, Inc.
(Acce tance Stam )
CHECK SHEET
!SSiOn
Office of the Secretary
ACCEPTED FOR FILING
JAN 2 6 2003
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Sheets 1 through 18 inclusive of this tariff are effective as of the date shown at the bottom of the
respective sheet(s).
Sheet Revisions
Original
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Ori ginal
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Issued:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Effective:
Page No.
Original
"'"
,",... D.."I;~
' '"
Office of the Secretary
ACCEPTED FOR FI LING
JAN 2 6 2003
Better World Telecom, Inc.
(Acceptance Stamp)
TABLE OF CONTENTS
Qnil'o IrI~hn
.-'--- . 0-. '
PAGE
TITLE PAGE............... ................................................ ..............................................................
CHECK SHEET ......................................................................................... .... ............................ 2
TABLE OF CONTENTS........................................................................................................... 3
SYMBOLS ......
...................................................................... .................................. ........,.. ........
TARIFF FORMAT ....................................................................................................................
SECTION TECHNICAL TERMS AND ABBREVIATIONS............................................ 6
SECTION 2 RULES AND REGULATIONS .................................,...................................... 7
SECTION 3 -DESCRIPTION OF SERVICES......................................................................... 17
SECTION 4 RATE SCHEDULE ...........................,...............................................................
Issued:Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Page No.
Original
a 0 U IC I i les ommission
Office of the Secretary
ACCEPTED FOR FILING
JAN 2 6 2003Better World Telecom, Inc.
(Acce tance Stam )
SYMBOLS
With respect to future tariff changes, the following are the only symbols used for the purposes
indicated below:
To signify a changed regulation.
To signify a deleted or discontinued rate or regulation.
To signify an increased rate.
To signify a move in the location of text.
To signify a new rate or regulation.
To signify a reduced rate.
To signify a change in text but no change in a rate or regulation.
Issued:Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Page No.
Original
Office of the Secretary
ACCEPT D FOR FILING
JAN 2 6 2003
Better World Telecom, Inc.
Boise Idaho
TARIFF FORMAT
Page Numbering - Page numbers appear in the upper right corner of the page. Pages are
numbered sequentially. However, new pages are occasionally added to the tariff. When
a new page is added between pages already in effect, a decimal is added. For example, a
new page added between Page 14 and 15 would be 14.
Page Revision Numbers - Revision numbers also appear in the upper right corner of
each page. These numbers are used to determine the most current page version on file
with the Commission. For example, the 4th revised Page 14 cancels the 3rd revised Page
14. Because of various suspension periods, deferrals, etc. the Commission follows in its
tariff approval process, the most current page number on file with the Commission is not
always the tariff page in effect.
Paragraph Numbering Sequence - There are various levels of paragraph coding. Each
level of coding is subservient to its next higher level:
2. 1.
1.1.A.
Check Sheets - When a tariff filing is made with the Commission, an updated Check
Sheet accompanies the tariff filing. The Check Sheet lists the pages contained in the
tariff, with a cross-reference to the current revision number. When new pages are added
the Check Sheet is changed to reflect the revision. An asterisk designates all revisions
made in a given filing (*). There will be no other symbols used on this page if these are
the only changes made to it (i., the format, etc. remain the same, just revised revision
levels on some pages.) The tariff user should refer to the latest Check Sheet to find out if
a particular page is the most current on file with the Commission.
Issued:Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Page No.
Original
(Acceptance Stamp)
hlaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
JAN 2 6 2003Better World Telecom, Inc.
Boise, IdahoSECTION 1 - TECHNICAL TERMS AND ABBREVIATIONS
Authorization Code: A multi-digit code that enables a customer to access Company s network
and enables Company to identify the customer s use for proper billing. Automatic numbering
identification (ANI) may be used as or in connection with the authorization code.
Automatic Numberin Identification ANI : A type of signaling provided by a local exchange
telephone company which automatically identifies the local exchange line from which a call
originates.
Callin Card: A card issued by Company containing such account numbers assigned to its
Customer which enables the charges for calls made to be properly billed.
Commission: The Idaho Public Utilities Commission.
Common Carrier: A company or entity providing telecommunications services to the public.
: The term "Company" denotes Better Wodd Telecom, Inc.
Customer: The person, firm, or corporation or other entity which orders or uses service and is
responsible for the payment of charges and compliance with the tariff regulations. The term
Customer is synonymous with the term "Subscriber.
Local Access and Trans ort Area (LATA): The term "Local Access Transport Area" denotes a
geographical area established by the U.S. District Court for the District of Columbia in Civil
Action No. 82-0192, or any other geographic area designated as a LATA in the National
Exchange Company Association, Inc. TariffF.C. No.
Subscriber: See "Customer" definition.
Telecommunications: The transmission of voice communications or, subject to the transmission
capabilities of the service, the transmission of data, facsimile, signaling, metering, or other
similar communications.
Issued:Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Page No.
Original Office of the Secretary
ACCEPTED FOR FILING
JAN 26 2003Better World Telecom, Inc.
Issued:
2.1
SECTION 2 RULES AND REGULATIONS
lication of Tariff
1.1
1.1
This tariff contains the regulations and rates applicable to intrastate resale
telecommunications services provided by Company for
telecommunications between points within the State of Idaho. Company
services are furnished subject to the terms and conditions of this tariff.
The rates and regulations contained in this tariff apply only to the services
furnished by Company and do not apply, unless otherwise specified, to the
lines, facilities, or services provided by a local exchange telephone
company or other common carrier for use in accessing the services of
Company.
Use of Services
1.2
1.3
1.4
1.5
1.6
Company s services may be used for the transmission of
telecommunications by the Customer for any lawful purpose for which the
service is technically suited.
The use of Company s services to make calls which might reasonably be
expected to frighten, abuse, torment, or harass another or in such a way as
to unreasonably interfere with use by others is prohibited.
The use of Company s services without payment for service or attempting
to avoid payment for service by fraudulent means or devices, schemes
false or invalid numbers, or false calling or credit cards is prohibited.
Company s services are available for use twenty-four hours per day, seven
days per week.
Company does not transmit messages pursuant to this tariff, but its
services may be used for that purpose.
Company s services may be denied for nonpayment of charges or for other
violations of this tariff.
Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Page
Better World Telecom, Inc.
No.
Original
Office of the Secretary
ACCEPTED FOR FILING
JAN 2 6 2003
SECTION 2 - RULES AND REGULATIONS (CONT'
2.3 Limitations on Liabilit
2.3.2
3.3
Except as otherwise stated in this section, the liability of the Company for
damages arising out of either: (1) the furnishing of its services, including
but not limited to mistakes, omissions, interruptions, delays, or errors, or
other defects, representations, or use of these services, or (2) the failure to
furnish its service, whether caused by acts or omission, shall be limited to
the extension of allowances to the Customer for interruptions in service as
set forth in this Tariff.
Except for the extension of allowances to the Customer for interruptions in
service as set forth in this Tariff, the Company shall not be liable to a
Customer or third party for any direct, indirect, special, incidental
reliance, consequential, exemplary or punitive damages, including, but not
limited to , loss of revenue or profits, regardless of the form of action
whether in contract, tort, negligence of any kind whether active or passive
strict liability, or otherwise.
The liability of the Company for errors in billing that result in
overpayment by the Customer shall be limited to a credit equal to the
dollar amount erroneously billed or, in the event that payment has been
made and service has been discontinued, to a refund of the amount
erroneously billed.
2.3.4 The Company shall not be liable for any claims for loss or damages
involving:
Issued:
Any act or omission of: (1) the Customer, (2) any other entity
furnishing service, equipment or facilities for use in conjunction
with services provided by the Company; or (3) common carriers;
Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Page
Better World Telecom, Inc.
Issued:
No.
Original
Office of the Secretary
ACCEPTED FOR FILING
JAN 2 6 2003
(Acce tance Starn )
SECTION 2 - RULES AND REGULATIONS (CONT'
2.3 Limitations on Liabilit (Cont'd)
Any delay or failure of performance due to causes beyond the
Company s control, including but not limited to, acts of God, fires
floods, earthquakes, hurricanes, or other catastrophes; national
emergencies, insurrections, riots, wars or other civil commotions;
strikes, lockouts, work stoppages or other labor difficulties;
criminal actions taken against the Company; unavailability, failure
or malfunction of equipment or facilities provided by the Customer
or third parties; and any law, order, regulation or other action of
any governing authority or agency thereof;
Any unlawful or unauthorized use of the Company s facilities and
servIces;
Libel, slander, invasion of privacy or infringement of patents, trade
secrets, or copyrights arising from or in connection with the
transmission of communications by means of Company-provided
services; or by means of the combination of Company-provided
services with Customer-provided facilities or services;
Defacement of or damage to Customer premises resulting from the
furnishing of services or equipment on such premises;
Any intentional, wrongful act of a Company employee when such
act is not within the scope of the employee s responsibilities for the
Company and/or is not authorized by the Company;
Any representations made by Company employees that do not
comport, or that are inconsistent, with the provisions of this Tariff;
Any noncompletion of calls due to network busy conditions;
Any calls not actually attempted to be completed during any period
that service is unavailable.
Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Page No. 10
Original
Better World Telecom, Inc.
Office of the Secretary
ACCEPTED FOR FiliNG
JAN 26 2003
SECTION 2 - RULES AND REGULATIONS (CONT'
..,,:)
Limitations on Liabilit (Coned)
The Company shall be indemnified, defended and held harmless by the
Customer or end user from and against any and all claims, loss, demands,
suits) expense, or other action or any liability whatsoever, including
attorney fees, whether suffered, made, instituted, or assened by the
Customer or by any other party, for any personal inju1)' to or death of any
person or persons, and for any loss, damage or destruction of any property,
including cnviroJUnental contamination, whether oVlIlcd by the Customer
or by any oth!."'! pany, caused or claimed to have been caused directly or
indirectly by the installation, operation, failure to operate, maintenance
presence, conditioDt location) use or removal of any Company or
Customer equipment or facilities or service provided by the Company.
The Company assumes no responsibility for the availability or
perfonnance of any related facilities under the control of other entities) or
for other facilities provided by other entities used for service to the
Customer. Such facilities are provided subject to such degree of
protection or nonpreemptibility as may be provided by the other entities.
Any claim of whatever nature against the Company shall be deemed
conclusively to have been waived unless presented in writing to the
Company within thirty (30) days after the date of the occurrence that gave
rise to the claim.
8 THE COMPANY rvtAKES NO WARRANTIES OR
REPRESENT A TIO~S, EXPRESS OR IMPLIED EITHER IN FACT OR
BY OPERATION OF LAW, ST A rUfOR Y OR OTHERWISE
INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A. PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET
FORTH HEREIN.
The included tariff language does not constitute a detennination by the
Commission that a limitation of liability imposed by the Company should
be upheld in a court of law. Acceptance for filing by the Commission
recognizes that it is a counts responsibility to adj udicate negligence and
consequential damage claims. It is also the court's responsibility to
determine the validity of the exculpatory clause.
ISSQed:Effective:
Jssued by: James Kenfi~k
Chief Execul1ve OMeer
Better World Telecom, me.
11921 Freedom Drhe, Suite 550
Reston. VA 20190
Page No. 11
Original 'iaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
JAN 26 2003Better World Telecom, Inc.
Issued:
2.4
(Acceptance Stamp)
Boise, Idaho
SECTION 2 - RULES AND REGULATIONS (CONT'
Res onsibilities of the Customer
2.4.The Customer is responsible for the payment of all charges for services
furnished to the Customer.
2.4.The Customer is responsible for compliance with applicable regulations
set forth in this tariff.
2.4.The Customer shall indemnify and hold Company harmless from all
liability disclaimed by Company as specified in this Tariff, arising in
connection with the provision of service by Company.
osits
Company does not require a deposit from the Customer.
Taxes
All federal excise taxes, and state and local sales, use, and similar taxes, are billed
as separate items and are not included in the quoted rates. Gross receipts tax will
not be billed as a separate line item.
Billin Arran ements
The Customer will be billed directly by Company. Billing is based on a
minimum call duration of thirty (30) seconds with six (6) second billing
increments thereafter for all services. Call duration is measured from the
time hardware or software supervision indicates a connection between the
calling and the called stations. There are no charges for uncompleted calls.
7.2 Customer bills are issued monthly. The Customer will receive its bill on or
about the same day of each month. Months are presumed to have thirty
(30) days. The billing date is dependent on the billing cycle assigned to the
Customer.
7.3 The Customer is responsible for the payment of all charges for services
furnished to the Customer. Charges are based on actual usage and are
billed monthly in arrears.
Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Pag~No. 12
Original
a 0 U IC .1 I leg ommlSSlon
Office of the Secretary
ACCEPTED FOF( FI LING
JAN 2 6 2003Better \Vorld Telecom, Inc.
Issued:
'aim---
SECTION 2
..
RULES AND REGULATIONS (CONT'
Binin ements (Cont
Bills are due and payable within eighteen (18) days from the invoice date.
Payment nlay be made by cash, check, money order, or cashier s check.
5 A late fee of 1.5% monthly or the arnoW1t authorized by law, whichever is
lower, will be charged on any past due balances. These penalties shall be
applied when a bill is eighteen (18) days past its due date. The late fee
amount will be assessed trom the date payment was due.
6 A charge of $20.00 will apply whenever a check or draft presented for
payment of service is not accepted by the institution on which it is written.
IfCusromer fails to perform any of Customer s payment obligations set
fonh in this tariff, Customer shall pay any and an collection costs and
expenses incurred by Company in enforcing or establishing its rights
hereunder, including, without limitations, collection agency fees or
payments, court costs, arbitration costs and actual attorney s fees.
All bills are presumed accurate unless objection is received by Company
after such bills are rendered. Billing disputes should be addressed to
Company s customer service organization via telephone at (866) 567-
2273, in writing at 11921 Freedom Drive, Suite 550, Restoo, VA 20190,
or via email at wecare(g)betterworldtelecom.com.
In the case of a billing dispute between the Customer and Company for
service furnished to the Customer, which cannot be settled with mutual
satisfaction, the Customer can take the following course of action:
First, the Customer may request, and Company wiU perfonn, an
in-depth review of the disputed amount. The undisputed portion
and subsequent bills must be paid on a timely basis or the service
may be subject to disCOIU1ection.
Effective:
Issued by: James Kenfick
Chid ~xc:,uUYC Offi.:er
Better WorJd Telecom, Inc.
11921 Freedom Drive, Suite SSG
Reston. VA 20190
Page No. 13
Original
letaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
JAN 2 6 2003Better World Telecom, Inc.
Issued:
(Acceptance Stamp)
BOise, Idaho
SECTION 2 - RULES AND REGULATIONS (CONT'
Billin Dis utes (Cont' d)
Second, if there is still a disagreement about the disputed amount
after the investigation and review by a manager of Company, the
Customer may file an appropriate complaint with the Idaho Public
Utilities Commission. The Commission s address is:
Idaho Public Utilities Commission
State House
472 W. Washington Street
Boise, ill 83702
Phone [phone]
Fax [phone]
http://www.puc.state.id.us/
Cancellation Discontinuance or Interru tion of Services
Cancellation
A. Customer may cancel service by providing written notice to Company
thirty (30) days prior to cancellation. Notice will be deemed received
upon actual receipt by the Company.
B. Customer is responsible for all usage on any of the Company s service
offerings until the Customer actually leaves the service. Customer will
continue to have Company usage until the Customer notifies its local
exchange company and changes its long distance company.
C. Any non-recoverable cost of Company expenditures shall be borne by
the Customer if the Customer orders service and then cancels the order
before such service begins; or liabilities are incurred expressly on
behalf of the Customer by Company and not fully reimbursed by
installation and monthly charges.
Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Page No. 14
Original
a 0 U IC I I 16S ommiSSlon
Office of the Secretaiy
ACCEPTED FOR FILING
JAN 2 6 2003Better World Telecom, Inc.
SECTION 2 - RULES AND REGULATIONS (CONT'
Cancellation Discontinuance or Interruption of Services (Cont' d)
Discontinuance
A. Without incurring liability, upon five (5) working days' (defined as
any day on which the Company s business office is open and the U.
Mail is delivered) written notice to the Customer Company may
immediately discontinue services to a Customer or may withhold the
provision of order or contracted services:
1. For nonpayment of any sum due the Company for more than
eighteen (18) days after issuance of the bill for the amount due;
2. For violation of any provisions of this tariff;
3. For violation of any law, rule, regulation, policy of any
governing authority having jurisdiction over Company
servIces; or
4. By reason of any order or decision of a court, public service
commission or federal regulatory body or other governing
authority prohibiting Company from furnishing its services.
Interrupti ons-Generall y
service is interrupted when it becomes unusable to the
Customer the Customer is unable to transmit or receive
because of a failure of a component furnished by the Company
under this tariff.
An interruption period begins when the Customer reports a service
to be inoperative and is not due to the negligence of the Customer.
An interruption period ends when the service is operative.
If the Customer reports a service to be inoperative but declines to
release it for testing and repair, the service is considered to be
impaired but not interrupted. No credit allowances will be made
for a service considered by the Company to be impaired.
Issued:Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Page
Better World Telecom, Inc.
No. 15
Original
Office of the Secretary
ACCEPTED FOR FILING
JAN 26 2003
(Acce tance Starn )Boise Idaho
SECTION 2 - RULES AND REGULATIONS (CONT'
Cancellation Discontinuance or Interruption of Services (Cont' d)
9.4 Limitations on Interruption Allowances
No credit allowance will be made for any interruption of service:
Issued:
due to the negligence of, or noncompliance with the provisions of
this Tariff by, any person or entity other than the Company,
including but not limited to the Customer or other common carriers
connected to the service of the Company;
due to the failure of power, equipment, systems, or services not
provided by the Company;
due to circumstances or causes beyond the control of the
Company;
during any period in which the Customer continues to use the
service on an impaired basis;
during any period when the Customer has released service to the
Company for maintenance purposes or for implementation of a
Customer order for a change in service arrangements; and
that was not reported to the Company within thirty (30) days of the
date that service was affected.
Application of Credit for Interruptions of Service
Credit for interruptions in service that is provided and billed on a
flat rate basis for a minimum period of at least one month
beginning on the date that billing becomes effective, shall in no
event exceed an amount equivalent to the proportionate charge to
the Customer for the period of service during which the event that
gave rise to the claim for a credit occurred.
For calculating credit allowances, every month is considered to
have thirty (30) days or 720 hours.
Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Page
Better World Telecom, Inc.
Issued:
No. 16
Original
I.I_L- D..LI:- ...
..... ~ ".... "" .. .."", ...
Office of the Secretary
ACCEPTED FOR FILING
JAN 2 6 2003
(Acceptance Stamp)Dft:"" IA..hn
SECTION 2 - RULES AND REGULATIONS (CONT'
Cancellation Discontinuance or Interruption of Services (Cont' d)
No credit allowance is available for an interruption of a continuous
duration of less than two (2) hours.
The customer shall be credited for an interruption of two (2) hours
or more at the rate of 1I720th of the monthly charge for the
services affected for each hour or major fraction thereof that the
interruption continues. The credit formula is: Credit-(A/720) X
A" equals outage time in hours and "B" equals the total monthly
charge for the affected utility.
Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Page No. 17
Original
a 0 U IC I lies ommlSSlon
Office of the Secretary
ACCEPTED FOR FILING
JAN 2 6 2003Better World Telecom, Inc.
SECTION 3 - DESCRIPTION OF SERVICES
Descri tion of Services
Company provides 24-hour intrastate interexchange telecommunications services
including long distance, toll and calling card telecommunications services. Calls are rated
based on the duration of the call. A minimum call duration is thirty (30) seconds with six
(6) second billing increments thereafter for all services.
Calculation of Usa e Rates
Billing for calls placed over Company s services is based on the duration of the call.
Billing is in six (6) second increments, with a minimum call length of not less than thirty
(30) seconds. Call duration is measured from the time hardware or software supervision
indicates a connection between the calling and the called station. There are no charges for
uncompleted calls.
Issued:Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190
Page No. 18
Original
I~aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
JAN 26 2003Better World Telecom, Inc.
(Acceptance Stamp)
Boise, Idaho
SECTION 4 - RATE SCHEDULE
This section sets forth the rates and charges applicable to Company s service offerings.
Lon Distance
The Company provides basic 1 + long distance service. The Company will charge
a flat rate per minute with no time of day discounts and without regard to mileage
for calls originating and terminating in Idaho.
1.1 Monthly Service Charge $2.
1.2 IntraLATA and InterLATA Rate $0.15 per minute
4.2 Toll Service
The Company provides a direct access, incoming only 800 service. The Company
will charge a flat rate per minute with no time of day discounts and without regard
to mileage for calls originating and terminating in Idaho.
4.2.One-time Setup Fee $2.
Rate $0.15 per minute
4.3 Callin Card Service
The Company provides a post-paid calling card service. The Company will charge
a flat rate per minute with no time of day discounts and without regard to mileage
for calls originating and terminating in Idaho.
One-time Setup Fee $2.
Rate $0.12 per minute
Issued:Effective:
Issued by: James Kenfick
Chief Executive Officer
Better World Telecom, Inc.
11921 Freedom Drive, Suite 550
Reston, VA 20190