20080402Revised Replacement Proposed Tariff.pdf

BINGHAM
Boston
Hartford
Hong Kong
london
los Angeles
New York
Orange County
San Francisco
Santa Monica
Silicon Valley
Tokyo
Walnut Creek
Washington
Bingham McCutchen LLP
2020 K Street NW
Washington, DC
20006'1806
T 202.373.6000
F 202.373.6001
bingham.com
e e
zona 25 Âl1 iO: 58
Brett P. Ferenchak
Direct Phone: [phone]
Direct Fax: [phone]
brett.ferenchak (g bingham.com
Our fie no.: 0000322308
March 24, 2008
Via FedEx
Jean D. Jewell, Secretar
Idaho Public Utilities Commssion
472 W. Washington Street
Boise, ID 83702
Re: Docket No. BND- T -07 -01 - Application of Bandwidth.com CLEC LLC
for a Certficate of Public Convenience and Necessity to Provide Local
Exchange Services
Dear Ms. Jewell:
On behalf of Bandwidth.com CLEC, LLC ("Bandwidth.com"), enclosed for filing are an
original and seven (7) copies of (l) a replacement proposed local exchange taff
(Attachment A) and (2) a supplement that Bandwidth.com fied on November 5, 2007
and that contained Bandwidth's Registration as a Foreign Limited Liability Company and
Certificate of Assumed Business Name (Attachment B). The replacement tarff includes
revisions request by staff and updates certain contact information included therein.
Please date stamp and return the enclosed extra copy of this filing in the envelope
provided. Should you have any quèstions concerning this matter, please do not hesitate
to contact me.
Respectfully submitted,'E~~~
Brett P. Ferenchak
e e
2008 MAR 2S AN 10: 58
ATTACHMENT A
Replacement Proposed Local Exchange Tarff
, Bandwidth.com CLEC, LL'
d/b/a Bandwidth.com
.hO P.U.C. Tariff NO.2
Original Page 1
Tariff Schedule Applicable to
Resold and Facilties-Based
Local Exchange Services
Furnished by
Bandwidth.com CLEC, LLC d/b/a Bandwidth.com
Between Points Within the State of Idaho
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
. Bandwidth.com CLEC, LL'
d/b/a Bandwidth.com
.hO P.U.C. Tariff NO.2
Original Page 2
CHECK SHEET
The sheets inclusive of this tariff are effective as of the date shown at the bottom of the
respective sheet(s). Original and revised sheets as named below comprise all changes from the
original tariff and are currently in effect as of the date on the bottom of this sheet.
Page Number of Revision
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Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
. Bandwidth.com CLEC, LL'
d/b/a Bandwidth.com
.hO P.U.C. Tariff NO.2
Original Page 3
Page
32
33
34
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CHECK SHEET (Contd.)
Number of Revision
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Issued: March 24, 2008
N72278445.2
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Effective Date:
, r Bandwidth.com CLEC, LL'
d/b/a Bandwidth.com
.hO P.U.C. Tariff NO.2
Original Page 4
Table of Contents
Check Sheet.............................................................................................................................. 2
Table of Contents ......................................................................................................................4
Tariff Format..............................................................................................................................6
Explanation of Symbols............................................................................................................. 7
Definitions................................................................................................................... .............. 9
Section 1. Application of Tariff .................................................................................................11
Section 2. Rules and Regulations............................................................................................12
2.1 Undertaking of the Company ..........................................................................,.12
2.2 Obligations of the Customer ............................................................................. 12
2.3 Liability of the Company ................................................................................... 15
2.4 Application for Service......................................................................................19
2.5 Payment for Service .........................................................................................21
2.6 Customer Deposits...........................................................................................23
2.7 Customer Complaints and Biling Disputes.............................. ......................... 25
2.8 Allowance for Interruptions in Service...............................................................26
2.9 Taxes and Fees..................................................................... ...........................28
2.10 Returned Check Charge................................................................................... 28
2.11 Special Customer Arrangements...................................................................... 28
2.12 Disconnection and Termination of Service:....................................................... 29
2.13 Unlawful Use of Service ..... ........................................................ ......................32
2.14 Interference With or Impairment of Service....................................................... 34
2.15 Telephone Solicitation by Use of Recorded Messages .....................................34
2.16 Incomplete Calls...............................................................................................34
2.17 Overcharge...................................................................................................... 34
2.18 Notices............................................................................................................. 34
2.19 Emergency Calling........................................................................................... 35
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 5
Table of Contents (Contd)
Section 3. Description Of Services............................................................................................... 36
3.1 Promotional Offerings..................................,................................................................. 36
3.2 Contract Rates/Customer-Specific Pricing/Special Pricing Arrangements (CSP/SPA) ... 36
3.3 Individual Case Basis ("ICB") Offerings.......................................................................... 36
3.4 Local Exchange Service.................................................................................................37
3.5 Directory Assistance ......................................................................................................38
Section 4. Rates and Charges...................................................................................................... 39
4.1 Calculation of Rates....................................................................................................... 39
4.2 Local Exchange Service................................................................................................ 40
4.3 Directory Assistance Service....... ........................................ ..........................................42
Section 5. IntraLATA Toll Presubscription .................................................................................... 43
5.1 General.......................................................................................................................... 43
5.2 Presubscription Charge Application.............. ..................................... ............................44
5.3 End User/Pay Telephone Service Provider Charge Discrepancy ("Anti-Slamming
Measure") ...................................................................................................................... 45
Section 6. Miscellaneous Services and Charges .......................................................................... 47
6.1 Idaho USF Surcharge .................................................................................................... 47
6.2 Telecommunications Service Assistance Program ("ITSAP") .........................................47
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 6
TARIFF FORMAT
A. 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 14.1.
B. Page Revision Numbers - Revision numbers also appear in the upper right corner of
each page. These numbers are used to determine the most current page version on file
with the Commission. For example, the 4th revised Page 14 cancels the 3rd revised
Page 14.
C. Paragraph Numbering Sequence - There are various levels of paragraph coding.
Each level of coding is subservient to its next higher level:
2
2.1
2.1.1
2.1.1.1
D. Check Sheets - When a tariff filing is made with the Commission, an updated Check
Sheet accompanies the tariff filng. 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 wil be no other symbols used on this page if
these are the only changes made to it (i.e., 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: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 7
EXPLANATION OF SYMBOLS
(C) - To signify changed listing, rule or conditions which may affect rates or charges
(D) - To signify discontinued material, including a listing, rates rule 0 condition
(i) - To signify an increase in a rate
(M) - To signify text or rates relocated without change
(N) - To signify a new material including listing, rate rule or condition
(R) - To signify a reduction in a rate
(S) - To signify reissued regulations
(T) - To signify a change in wording of text but no change in rate, rule or condition
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 8
CONTACT INFORMATION
BANDWIDTH.COM CLEC, LLC
4001 WESTON PARKWAY
CARY, NC 27513
WW.BANDWIDTH.COM
Phone: [phone]
Fax: [phone]
Customer Contacts -
For establishment of service, complaints, and inquiries regarding service and billng, or reporting
or inquiring about network outages or service problems.
Customer Service: 1-800-808-5150
Commission Contacts -
For .complaints and customer inquiries:
Joe Campbell, Vice President of Operations
Bandwidth.com
4001 Weston Parkway, Suite 100
Cary, NC 27513
Phone: [phone]
Fax: [phone]
jcampbell~bandwidth.com
For matters concerning tariffs and regulatory affairs:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway, Suite 100
Cary, NC 27513
Phone: [phone]
Fax: [phone]
kross~bandwidth.com
Registered Agent: Corporation Service Company
1401 Shoreline Drive, Suite 3
Boise, Idaho 83702
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, LL'
d/b/a Bandwidth.com
thO P.U.C. Tariff NO.2
Original Page 9
DEFINITIONS
"Applicant" refers to an individual, partnership, corporation, association, or government agency
who applies to the Company for any new or additional telephone service.
"Bandwidth. com" refers to Bandwidth.com CLEC, LLC
"Business Hours" refers to the time after 8:00 A.M. and before 5:00 P.M., Monday through
Friday excluding holidays
"Company" or "Bandwidth.com" refers to Bandwidth.com CLEC, LLC d/b/a Bandwidth.com.
"Completed call" is a call which the Company's network has determined has been answered by
a person, answering machine, fax machine, computer modem device, or other
answering device.
"Customet' refers to any person, firm, corporation, or governmental entity who has applied for
and is granted service or who is responsible for payment of service.
"Delinquent or Delinquency" refers to an account for which payment has not been paid in full on
or before the last day for timely payment.
"Commission refers to the Idaho Public Utilities Commission.
"Grandfathered Service" applies to an obsolete and/or outdated service that the Company no
longer wishes to provide. The grandfathering of a service is the Company's method of
managing a tariff for this service prior to ultimately discontinuing the service, or change
existing tariff regulations without discontinuing certain rights, privileges or conditions of
the service to existing customers.
"Hunting Service" refers to an arrangement to search multiple lines of the same class of service
and of the same customer for a vacant line for each incoming calL.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 10
DEFINITIONS (Contd)
"Local Access Transport Area ("LATA")" refers to a geographical area established by the U.S.
District Court for the District of Columbia in Civil Action No. 820192.
"Nonrecurring Charges" refer to a one-time charge associated with given service or item of
equipment which applies on a per-service and/or per item basis each time the service
or item of equipment is provided.
"Non-Published or Unlisted Service" refers to service that is not accompanied by inclusion of the
Subscriber's name, address, or telephone number in a published directory or directory
assistance data base.
"Service" refers to any telecommunications service(s) provided by the Company under this tariff
and under the regulatory jurisdiction of the Commission.
"Subscriber" refers to the firm, company, corporation, or other entity that contracts for service
under this tariff and that is responsible for the payment of charges as well as
compliance with the Company's regulations pursuant to this tariff.
"Station" refers to a telephone instrument consisting of a connected transmitter, receiver, and
associated apparatus to permit sending or receiving telephone messages.
"Tariffs" refer to the tariffs, price lists, and generally applicable terms and conditions on file with
a state or federal regulatory authority or publicly available on the Company's website in
accordance with the regulations of a state or federal regulatory authority.
"Telephone Numbers" refer to The North American Numbering Plan (NPA-NXX-XXXX) numbers
assigned to Bandwidth.com Customers and used in conjunction with the Services
provided pursuant to this tariff.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
A/72278445.2
Bandwidth.com CLEC, LLl
d/b/a Bandwidth.com
.hO P.U.C. Tariff NO.2
Original Page 11
SECTION 1. APPLICATION OF TARIFF
1.1.1 This tariff governs the services provided by Bandwidth.com CLEC, LLC that
originate and terminate within the State of Idaho Specific services and rates are
described elsewhere in this tariff.
1.1.2 The Company's installs operates, and maintains the communications services
provided herein in accordance with the terms and conditions set forth under this
tariff. It 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 the Company's network. The customer
shall be responsible for all charges due for such service arrangement.
1.1.5 This tariffshall be interpreted and governed by the laws of the State of Idaho and
the Rules issued by the Commission.
1.1.6 If this Price List contains provisions that deny or restrict a Customer's rights
otherwise protected by Commission rules, Commission rules supersede any
conflicting tariff or price list provisions that deny or restrict any of those rights,
unless otherwise ordered by the Commission, court order, or statute.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 12
SECTION 2. RULES AND REGULATIONS
2.1 Undertking of the Company
This tariff contains the regulations, rates and charges applicable to resold and
facilities-based local exchange services provided by the Company to
business/non-residential and residential customers in the State of Idaho.
2.2 Obligations of the Customer
2.2.1 The customer shall be responsible for:
2.2.1.1 The payment of all applicable charges pursuant to this
tariff.
2.2.1.2 Reimbursing the Company for damage to, or loss of, the
Company's facilities or equipment caused by the acts or
omissions of the customer; or the noncompliance by the
customer, with these regulations, or by fire or theft or other
casualty on the customer's premises unless caused by the
negligence or willful misconduct of the employees or
agents of the Company.
2.2.1.3 Providing at no charge, as specified from time to time by
the Company, any needed space and power to operate the
Company's facilities and equipment installed on the
customer's premises.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, L~C
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff No.2
Original Page 13
SECTION 2. RULES AND REGULATIONS (Contd)
2.2 Obligations of the Customer (Contd)
2.2.1 (Contd)
2.2.1.4
2.2.1.5
2.2.1.6
Complying with all laws and regulations regarding the
working conditions on the premises at which the
Company's employees and agents shall be installng or
maintaining the Company's facilties and equipment. The
customer may be required to install and maintain the
Company's facilities and equipment within a hazardous
area if, in the Company's opinion, injury or damage to the
Company's employees or property might result from
installation or maintenance by the Company. The customer
shall be responsible for identifying, monitoring, removing
and disposing of any hazardous material prior to any
construction or installation work.
Complying with all laws and regulations applicable to, and
obtaining all consents, approvals, licenses and permits as
may be required with respect to, the location of the
Company's facilties and equipment in any customer
premises for the purpose of installng, inspecting,
maintaining, repairing, or upon termination of service as
stated herein, removing the facilities or equipment of the
Company.
Making Company facilties and equipment available
periodically for maintenance purposes at a time agreeable
to both the Company and the customer. No allowance for
interruptions in service wil be made for the period during
which service is interrupted for such purposes.
Issued: March 24, 2008
N72278445.2
Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 14
SECTION 2. RULES AND REGULATIONS (Contd)
2.2 Obligations of the Customer (Contd)
2.2.2 With respect to . any service or facility provided by the Company, the
customer shall indemnify, defend and hold harmless the Company from
all claims, actions, damages, liabilities, costs and expenses for:
2.2.2.1 Any loss, destruction or damage to property of the
Company or any third party, or injury to persons, including,
but not limited to, employees or invitees of either the
Company or the customer, to the extent caused by or
resulting from the negligent or intentional act or omission of
the customer, its employees, agents, representatives or
invitees; or
2.2.2.2 Any claim, loss, damage, expense or liability for
infringement of any copyright, patent, trade secret, or any
proprietary infringement of any copyright, patent, trade
secret, or any proprietary or intellectual property right of
any third party, arising from any act or omission by the
customer.
2.2.3 The customer is responsible for ensuring that customer-provided
equipment connected to Company equipment and facilities is compatible
with such equipment and facilities. The connection, operation, testing, or
maintenance of such equipment shall be such as not to cause damage to
the Company-provided equipment and facilities or injury to the
Company's employees or other persons. Any additional protective
equipment required to prevent such damage or injury shall be provided by
the Company at the customer's expense.
2.2.4 The Company's services (as detailed in this tariff may be connected to
the services or facilties or other communications carriers only when
authorized by, and in accordance with, the terms and conditions of the
tariffs or contracts which are applicable to such connections.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 15
SECTION 2. RULES AND REGULATIONS (Contd)
2.2 Obligations of the Customer (Contd)
2.2.5 Upon reasonable notification to the customer, and at a reasonable time,
the Company may make such tests and inspections as may be
necessary to determine that the customer is complying with the
requirements set forth in this tariff for the installation, operation, and
maintenance of customer-provided facilties and equipment that is
connected to Company-owned facilities and equipment.
.
2.3 Liabilty of the Company
2.3.1 In view of the fact that the customer has exclusive control over the use
of service and facilities furnished by the Company, and because certain
errors incident to the services and to the use of such facilities of the
Company are unavoidable, services and facilities are furnished by the
Company subject to the terms, conditions and limitations herein
specified:
(A) The Company's damages arising out of its negligent acts, or
mistakes, omissions, interruptions, delays, errors, or defects
during the course of furnishing service, shall in no event exceed
an amount equivalent to Bandwidth.com's charges for service
during the period affected by such negligence, or in which such
mistakes, omissions, interruptions, delays, errors, or defects
occurred. Any mistakes, omissions, interruptions, delays, errors,
or defects that are caused by or materially contributed to by the
negligence or willful acts of Customer, or that arise from facilities
or equipment used by Customer and not provided by
Bandwidth.com, shall not result in the imposition of any liability
upon Bandwidth.com.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 16
SECTION 2. RULES AND REGULATIONS (Contd)
2.3 Liabilty of the Company (Contd)
2.3.1 (Contd)
(B) Customer shall defend, indemnify, and hold harmless the
Company, its offcers and directors, employees, and agents from
and against any and all lawsuits, claims, demands, penalties,
losses, fines, liabilities, damages, and expenses of any kind and
nature (including, without limitation, liability to third parties for
personal injury or death and for loss or damage to property, and
loss or damage to Company property, and injury to Company
employees), without limitation whatsoever, that in any way arise
out of or result from Customer's operations, installation or
maintenance of equipment and facilities, or performance under
this tariff, or that arises out of or in any way is connected with
Customer's provision of service to its end users, or any use or
attempted use by Customer or any such end user of services
provided by the Company hereunder; provided that this section
shall not apply to the extent that any injury, loss, or damage is
caused by the gross negligence or wilful misconduct on the part
of the Company.
(C) The Company wil not be liable for any act, omission to act,
negligence, or defect in the quality of service of any underlying
carrier or other service provider whose facilities or services are
used in furnishing any portion of the service received by
Customer. Bandwidth.com wil not be liable for any failure of
performance that is caused by or the result of any act or omission
by Customer or any entity other than Bandwidth.com, that
furnishes services, facilities, or equipment used in connection with
Bandwidth.com's services or facilities. .
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 17
SECTION 2. RULES AND REGULATIONS (Contd)
2.3 Liabilty of the Company (Contd)
2.3.1 (Contd.)
(D) EXCEPT AS EXPRESSLY PROVIDED IN THIS TARIFF,
BANDWIDTH.COM MAKES NO EXPRESSED OR IMPLIED
REPRESENTATIONS, OR WARRANTIES, INCLUDING ANY
WARRANTIES REGARDING MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
(E) IN NO EVENT SHALL BANDWITDH.COM BE LIABLE TOCUSTOMER FOR SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING
WITHOUT LIMITATION, LOST PROFITS OR REVENUE).
(F) THE INCLUDED EXCULPATORY LANGUAGE DOES NOT
CONSTITUTE A DETERMINATION BY THE COMMISSION
THAT A LIMITATION OF LIABILITY IMPOSED BY THE
COMPANY SHOULD BE UPHELD IN A COURT OF LAW.
ACCEPTANCE FOR FILING BY THE COMMISSION
RECOGNIZES THAT IT IS A COURT'S RESPONSIBILITY TO
ADJUDICATE NEGLIGENCE AND CONSEQUENTIAL DAMAGE
CLAIMS. IT IS ALSO THE COURT'S RESPONSIBILITY TO
DETERMINE THE VALIDITY OF THE EXCULPATORY
CLAUSE.
2.3.2 Limitation of Liabilty
2.3,2.1 Nothing in this tariff shall be construed to limit the Company's
liability in cases of gross negligence or wilful misconduct.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 18
SECTION 2. RULES AND REGULATIONS (Contd)
2.3 Liabilty of the Company (Contd)
2.3.3 Force Majeure
2.3.3.1 Neither Part shall be responsible for delays or failures in
performance, except for the obligation to make payments required
under this tariff, resulting from acts or occurrences in the nature of
force majeure such as fire, explosion, acts of God, war, or civil
commotion; any law, order, regulation, or ordinance of any
government or legal body; strikes; or delays caused by the other
Party. In such event, the Party affected shall, upon giving prompt
notice to the other, be excused from such performance to the
extent of such interference. The affected Part shall use its
reasonable efforts to avoid or remove the cause of non-
performance and both Parties shall proceed to perform with
dispatch once the causes are removed or cease.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 19
SECTION 2. RULES AND REGULATIONS (Contd)
2.4 Application for Service
2.4.1 Minimum Contract Period
2.4.1.1 Except as otherwise provided, the minimum contract period
is one month for all services furnished. However, if a new
customer notifies the Company within twenty days after
receipt of the first bil that certain services or equipment are
not desired, the Company will delete such services or
equipment from the customer's account without a record
keeping or service ordering charge. The customer
nonetheless shall be responsible for all monthly usage ançl
installation charges incurred for the use of such service and
equipment.
2.4.2 Cancellation of Service
2.4.2.1 Where the applicant cancels an order for service prior to the
start of the installation or special construction of facilties, no
charge shall apply, except to the extent the Company incurs
a service order or similar charge from a supplying carrier, if
any, prior to the construction.
Issued: March 24, 2008
N72278445.2
Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Bandwidth.com CLEe, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 20
SECTION 2. RULES AND REGULATIONS (Contd)
2.4 Application for Service (Contd)
2.4.2.2 Where the installation of facilities, other than those provided by
special construction, has been started prior to cancellation, the lower
of the following charge applies;
2.4.2.2.A The total costs of installing and removing such facilities; or
2.4.2.2.B The monthly charges for the entire initial contract period of
the service ordered by the customer as provided in this
tariff plus the full amount of any applicable installation and
termination charges.
2.4.2.3 Where special construction of facilties has been started prior to the
cancellation, and the Company has another requirement for the
specially constructed facilities, no charge applies.
2.4.2.4 Subject to any necessary notice and approval by the Commission, the
Company reserves the right to redefine its regions, add new regions,
or remove regions from its current offering, as it deems appropriate in
its sole discretion and wil provide the Customer with at least thirty
(30) days' notice of any change in the definition of the Company's
regions.
2.4.2.5 Subject to any necessary notice and approval by the Commission, in
the event that the Company plans to exit a current region, the
Customer shall be provided with thirty (30) days prior written
notification of the Company's intent. The Customer shall be allowed
to immediately terminate services in the affected region without
penalty.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 21
SECTION 2. RULES AND REGULATIONS (Contd)
2.5 Payment for Service
2.5.1 The customer is responsible for payment of all charges for service
furnished to the customer pursuant to this tariff. Charges based on actual
usage during a month will be biled monthly in the month following the
month in which the service was used. All fixed monthly and nonrecurring
charges for services ordered will be biled monthly in advance.
Bandwidth.com wil bil Customer monthly, with recurring charges being
billed in advance and any usage charges biled in arrears. For residential
customers, payment is due upon receipt by Customer and payable within
thirty (30) days of the Bill Date (the "Due Date").
2.5.2 Payments are past due if not received by the Company by the Due Date.
Any amounts past due wil be subject to a late payment charge. Bills not
paid within forty (40) days of the Bill Date and which have not been
disputed in accordance with the procedures set forth in Section 2.7.1 of
this tariff, may result in suspension of service until the overdue payments
and any additional charges that may be imposed to restore service have
been paid. Failure of the Customer to pay all undisputed amounts by the
Due Date is a material breach and a seven (7) day notice shall be
required in order to terminate services hereunder for non- payment.
2.5.3 The Company reserves the right to require from an applicant for service
advance payments of fixed charges and nonrecurring charges. The
advance payment wil not exceed an amount equal to the nonrecurring
charge(s) and one month's charges for the service or facility. In addition,
where special construction is involved, the advance payment may also
include an amount equal to the estimated nonrecurring charges for the
special construction. The advance payment will be applied to any
indebtedness for the service and facilties for which the advance payment
is made on the customer's initial bilL.
Advanced payments for installation costs or special construction wil be
credited on the first bil in their entirety.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 22
SECTION 2. RULES AND REGULATIONS (Contd)
2.5 Payment for Service (Contd)
2.5.4 Payment Arrangements
2.5.4.1 When a Customer cannot pay a bil in full, the Company may
continue to serve the Customer if the Customer and the
Company agree on a reasonable portion of the outstanding bil
to be paid immediately, and the manner in which the balance
of the outstanding bill wil be paid.
2.5.4.2 In deciding on the reasonableness of a particular agreement,
the Company wil take into account the Customer's ability to
pay, the size of the unpaid balance, the Customer's payment
history and length of service, and the amount of time and
reasons why the debt is outstanding.
2.5.4.3 Payments are to be applied to the undisputed balance owed
by the Customer. A Customer may designate how a payment
insufficient to pay the total balance due shall be applied. If
applicable, and in the absence of instructions from the
Customer, a partial payment shall be allocated first to local
exchange services. Such payments shall be applied first to the
oldest undisputed balances.
2.5.4.4 If a Customer fails to make the payment agreed upon by the
date that it is due, the Company may, but is not obligated to,
enter into a second payment arrangement.
2.5.4.5 Customer failure to pay undisputed charges for other services
may result in discontinuance of those services.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, L'
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 23
SECTION 2. RULES AND REGULATIONS (Contd)
2.6 Customer Deposits
2.6.1 Deposit Requirements
The Company does not require deposits from customers
Issued: March 24, 2008
N72278445.2
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Effective Date:
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 24
SECTION 2. RULES AND REGULATIONS (Contd)
2.6 Customer Deposits (Contd)
2.6.2 (RESERVED FOR FUTURE USE)
2.6.3 (RESERVED FOR FUTURE USE)
Issued: March 24, 2008
N72278445.2
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Effective Date:
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 25
SECTION 2. RULES AND REGULATIONS (Contd)
2.7 Customer Complaints and Billng Disputes
2.7.1 In the event that Customer disputes any charges, Customer may notify
the Company by telephone, in writing or in person. Customer shall
submit all documentation as may reasonably be required to support the
claim. Payment may be withheld for the amounts subject to a dispute
submitted prior to the Due Date. All disputes and claims for refunds must
be submitted to Bandwidth.com within three (3) years of the Bill Date. If
Customer does not submit a claim as stated above, Customer waives all
rights to file a claim thereafter. Bandwidth.com shall investigate and
resolve all disputes within forty-five (45) days of receipt of the dispute and
Bandwidth.com's resolution of such a dispute is finaL. Any portion of a
disputed amount deemed payable by Bandwidth.com must be paid in full
within ten (10) days of resolution or Customer's service may be subject to
disconnection and late payment charges imposed on the overdue
amount.
2.7.2 Any unresolved dispute may be directed in writing to the Consumer
Assistance Section, Idaho Public Utilities Commission, P.O. Box 83720,
Boise, Idaho 83720-0074, by phone toll free at 1-800-432-0369, at (208)
334-0369 (within Idaho) or by fax at [phone].
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 26
SECTION 2. RULES AND REGULATIONS (Contd)
2.8 Allowance for Interruptions in Service
2.8.1 Credits for Service Interruptions
A credit allowance wil be made when an interruption in service occurs.
An interruption in service is considered to exist when the local service
quality deteriorates to such an extent that the customer cannot make local
calls or cannot receive local calls or cannot use the service for voice
grade communications because of cross talk, static or other transmission
problem.
An interruption period begins when the Customer reports a circuit, service
or facilty to be interrupted and releases it for testing.
2.8.1.1 The Company must restore service: within sixteen (16) hours
after the report of the outage if the customer notifies the
telephone company that the service outage creates an
emergency; or
2.8.1.2 within 24 hours after the report of the outage if no emergency
exists,
2.8.1.3 Outages reported between noon on Saturday and 6:00 p.m. on
the following Sunday must be restored within forty-eight (48)
hours .or by 6:00 p.m. on the following Monday, whichever is
sooner.
2.8.1.4 If the Company does not restore service within the times
required by this paragraph, the Company wil credit the
customer's account for an amount equal to the monthly rate for
one (1) month of basic local exchange service.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 27
SECTION 2. RULES AND REGULATIONS (Contd)
2.8 Allowance for Interruptions in Service (Contd)
2.8.2 Limitations on Allowances
No credit allowance wil be made for:
2.8.2.1 interruptions due to the negligence of the Customer, or
noncompliance with, or acts of omission regarding the provisions
of this price list by the Customer, authorized user or joint user;
2.8.2.2 interruptions of service during any period in which the Company
is not given full and free access to its facilities and equipment for
the purpose of investigating and correcting interruptions;
2.8.2.3 interruptions of service during a 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; or
2.8.2.4 interruption of service due to circumstances or causes beyond
the control of the Company and affecting large groups of
customers.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 28
SECTION 2. RULES AND REGULATIONS (Contd)
2.9 Taxes and Fees
2.9.1 All state and local taxes and fees shall be listed as separate line items on
the customer's bilL.
2.9.2 If a municipality, other political subdivision or local agency of government,
or the Commission imposes and collects from the Company a gross
receipts tax, occupation tax, license tax, permit fee, franchise fee, or
regulatory fee, such taxes and fees shall, as allowed by law, be biled pro
rata to the customer receiving service from the Company within the
territorial limits of such municipality, other political subdivision or local
agency of government.
2.9.3 Service shall not be subject to taxes for a given taxing jurisdiction if the
customer provides the Company with written verification, acceptable to
the Company and to the relevant taxing jurisdiction, that the customer has
been granted a tax exemption.
2.10 Returned Check Charge
The charge for a returned check is $25.00.
2.11 Special Customer Arrangements
In cases where a customer requests special or unique arrangements which may
include but are not limited to engineering, conditioning, installation, construction,
facilities, assembly, purchase or lease of facilities and/or other special services
not offered under this tariff, the Company, may provide the requested services.
Appropriate recurring charges and/or nonrecurring charges and other terms and
conditions will be developed for the customer for the provisioning of such
arrangements, and filed for Commission approvaL.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, L'
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 29
SECTION 2. RULES AND REGULATIONS (Contd)
2.12 Disconnection and Termination of Service
The Company shall not disconnect basic local service for nonpayment of toll or
information service charges or any service other than basic local service.
2.12.1 Disconnection of Service Without Notice
The Company may deny or discontinue the furnishing of any and/or all
service(s) to a Customer immediately and without prior notice to the
Customer and without the Customer's permission for one or more of the
following reasons:
2.12.1.1 Dangerous Condition. A condition immediately dangerous or
hazardous to the life, physical safety, or property exists, or it is
necessary to prevent a violation of federal, state or local safety
or health codes.
2.12.1.2 Ordered to Terminate Service. The Company is ordered to
terminate service by any court, the Commission, or any other
duly authorized public authority.
2.12.1.3 Services Obtained Illegally, The services(s) was (were)
obtained, diverted. or used without the authorization or
knowledge of the Company.
2.12.1.4 Customer Unable to be Contacted. The Company has tried
diligently to provide reasonable notice to the Customer, but
has been unsuccessful in its attempt to contact the Customer.
2.12.1.5 Misrepresentation of Identity. The Customer has
misrepresented the Customer's identity for purposes of
obtaining telephone service and either does not have or has
an inadequate security deposit on file with the Company.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
llaho P.U.C. Tariff NO.2
Original Page 30
SECTION 2. RULES AND REGULATIONS (Contd)
2.12 Disconnection and Termination of Service (Contd)
2.12.1 Disconnection of Service Without Notice
2.12.1.6 for any governmental prohibition, or required alteration of the
services provided, or any violation of any applicable law or
regulation, or unlawful use of service or use of service for
unlawful purposes, the Company may immediately discontinue
or suspend service.
Issued: March 24,2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 31
SECTION 2. RULES AND REGULATIONS (Contd)
2.12 Dis/connection and Termination of Service (Contd)
2.12.2. Disconnection of Service Requiring Notice
2.12.2.1 The Company may disconnect service for any of the
following reasons provided it has notified the customer of its
intent, in writing, to disconnect service and has allowed the
customer a reasonable time of not less than seven (7) days
in which to remove the cause for disconnection:
2.12.2.1.A Non-compliance with Regulations. For violation
of or non-compliance with Commission's rules
and regulations or for violation of or non-
compliance with the Company's tariffs on file
with the Commission.
2.12.2.1.B Failure on Contractual Obligations. For failure
of the customer to fulfil his contractual
obligations for service or facilities subject to
regulation by the Commission.
2.12.2.1. C Refusal of Access. For failure of the customer
to permit the Company to have reasonable
access to its equipment and property.
2.12.2.1.D Failure to meet the Company's deposit and
credit requirements.
2.12.2.1.E For non-payment of a bill for service, amounting
to $50 or more, provided that the Company has
made a reasonable attempt to effect collection
and has given the customer written notice at
least seven (7) days of its intent to deny service
if settlement of his account is not made and
provided the customer has an additional twenty-
four (24) hour notice prior to discontinuance, in
which to make settlement before his service is
denied.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 32
SECTION 2. RULES AND REGULATIONS (Contd)
2.12 Disconnection and Termination of Service (Contd)
2.12.2 Disconnection of Service Requiring Notice (Contd)
2.12.2.1 (Contd)
2.12.2.1.F Failure to Comply with Service Conditions.
For failure of the customer to furnish the
service equipment, permits, certificates, or
rights-of-way, specified by the Company as
a condition to obtaining service, or if the
equipment or permissions are withdrawn or
terminated.
2.12.2.1.G Failure to Comply with Municipal
Ordinances. For failure to comply with
municipal ordinances or other laws
pertaining to telephone service.
2.13 Unlawful Use of Service
2.13.1 Service shall not be used for any purpose in violation of law or for any
use as to which the customer has not obtained all required
governmentài approvals, authorizations, licenses, consents, and
permits. The Company shall refuse to furnish service to an applicant or
shall disconnect the service without notice of a customer when:
2.13.1.1 An order shall be issued, signed by a judge finding that
probable cause exists to believe that the use made or to
be made of the service is prohibited by law, or
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 33
SECTION 2. RULES AND REGULATIONS (Contd)
2.13 Unlawful Use of Service (Contd)
2.13.1 (Contd)
2.13.1.2 The Company is notified in writing by a law enforcement
agency acting within its jurisdiction that any facility furnished
by the Company is being used or wil be used for the
purpose of transmitting or receiving gambling information in
interstate or foreign commerce in violation of the law.
2.13.2 If service has been physically disconnected by law enforcement officials
at the customer's premises and if there is not presented to the
Company the written finding of a judge, then upon written or verbal
request of the subscriber, and agreement to pay restoral of service
charges and other applicable service charges, the Company shall
promptly restore such service.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff No.2
Original Page 34
SECTION 2. RULES AND REGULATIONS (Contd)
2.14 Interference With or Impairment of Service
Service shall not be used in any manner that interferes with other persons in the
use of their service, prevents other persons from using their service, or otherwise
impairs the quality of service to other customers. The Company may require a
customer to immediately shut down its transmission of signals if said
transmission is causing interference to others or impairing the service of others.
2.15 Telephone Solicitation by Use of Recorded Messages
2.15.1 Service shall not be used for the purpose of solicitation by recorded
messages when such solicitation occurs as a result of unrequested or
unsolicited calls initiated by the solicitor by means of automatic dialing
devices. Such devices, with storage capability of numbers to be called
or a random or sequential number generator that produces numbers to
be called and having the capability, working alone or in conjunction with
other equipment, of disseminating a prerecorded message to the
number called and which are callng party or called party controlled, are
expressly prohibited.
2.16 Incomplete Calls
2.16.1 There shall be no charge for incomplete calls. No charge will be levied
for unanswered calls. Customers wil receive credit for calls placed to a
wrong number if the customer notifies the Company of the error.
2.17 Overcharge
2.17.1 When a customer has been overcharged by the Company, the amount
shall be refunded or credited to the customer, with interest paid, within
three (3) years or as specified in the customer service agreement.
2.18 Notices
2.18.1 Any notice required or permitted to be given under this tariff, including
proposed changes in rates, shall be in writing and delivered by hand,
mail, national overnight courier service or by fax if confirmed by
telephone to the customer, at the address or phone numbers on record
or at such other address or phone numbers as shall be designated from
time to time.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 35
SECTION 2. RULES AND REGULATIONS (Contd)
2.19 Emergency Callng
Access to 911 and E911 service is offered solely as an aid in handling assistance
calls in connection with fire, police, medical, and other emergencies.
Issued: March 24,2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 36
SECTION 3. DESCRIPTION OF SERVICES
3.1 Promotional Offerings
3.1.1 The Company wil provide notification to the Commission of its intent to
offer promotional services and rates. The Company may offer existing
services on a promotional basis, that provides special rates, terms, or
conditions of service. The Company wil notify the Commission at least
ten (10) days in advance of the start of any promotional offerings,
3.2 Contract Rates/Customer-Specific Pricing/Special Pricing Arrangements
(CSP/SPA)
3.2.1 CSP/SPAs are made in response to the specific, individual
requirements for the customers and/or a competitive bidding process. A
CSP/SPA differs from the Company's standard or general tariffed
offerings in that it contains a customer service arrangement and/or term
and/or volume commitment.
3.3 Individual Case Basis ("ICB") Offerings
3.3.1 The tariff may not specify the price of a service in the tariff as ICB. The
Company mayor may not have an equivalent service in its the tariff on
file with the Commission, and the quoted ICB rates may be different than
the tariffed rates. An ICB must be provided under contract to a customer
and the contract filed (can be under seal) with the Commission. All
customers have non-discriminatory access to requesting the service
under an ICB rate.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 37
SECTION 3. DESCRIPTION OF SERVICES (Contd)
3.4 Local Exchange Service
3.4.1 Local Exchange Service is telephone service that entitles the customer
to originate local calls, without toll charges, to all local exchange access
lines connected to a Central Office (CO) of the exchange, or to all
exchange access lines served by COs of the extended local service area
where comprised of more than one exchange. Service wil be provided
where facilities are available from the Local Exchange Company (LEC).
Bandwidth.com offers Qwest Local Exchange Services under resale, and
hereby adopts the same local callng areas as defined in their Exchange
and Network Services Tariff.
3.4.2 Service is classified as business service and business rates apply when
any of the following conditions exist:
. When the service is furnished at a location where a business, trade or
practice is performed and where the use of the location is not confined
primarily to domestic activities.
. Service is provided for social clubs (i.e. Elks, VFW, Eagles, etc.).
. When the directory listing is a business listing, except when a
residence telephone number is listed as an alternate call number in
connection with a subscription to business local exchange service.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bançlwidth.com CLEC, Ll .
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 38
SECTION 3. DESCRIPTION OF SERVICES (Contd)
3.5 Directory Assistance
3.5.1 General
Directory Assistance (DA) is defined as furnishing aid in obtaining
telephone numbers. The Directory Assistance operator will not transfer,
forward or redial a customer's call to any other location for any purpose,
The service is furnished subject to the condition that there wil be no
abuse or fraudulent use of the service. Abuse or fraudulent use of the
service includes the obtaining, or attempting to òbtain, or assisting
another to obtain or to attempt to obtain Directory Assistance service, by
rearranging, tampering with, or making connection with any facilities of
the Company, or by any trick, scheme, false representation, or false
credit device, or by or through any other fraudulent means or device
whatsoever, with attempt to avoid payment, in whole or in part, of the
regular charge for such service. In addition to any other action authorized
by this Tariff, the Company may, in such cases of abuse or fraudulent
use, assess appropriate Directory Assistance charges on the Customer's
telephone account.
3.5.2 Directory Assistance Call Allowance
Customers are allowed one (1) directly dialed Directory Assistance calls
per month at no charge.
Issued: March 24, 2008
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Effective Date:
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 39
SECTION 4. RATES AND CHARGES
4.1 Calculation of Rates
4.1.1 The chargeable time for a local toll call as described in Sections 3.5 and
4.3 is determined by the duration of the calL. Chargeable time begins
when connection is established between the callng station and the
called station. Chargeable time ends when the callng station hangs up.
If the called station hangs up, but the callng station does not,
chargeable time ends when the connection is released by either
automatic timing equipment in the telecommunications network or by an
operator.
4.1.2 Calls are biled in (six) 6 second increments with an eighteen (18)
second minimum for interLA TA intrastate toll calls and a twenty-four
(24) second minimum on intraLA TA regional toll calls.
4.1.3 Rates based on the time of day or day of week are described in the
following rate table.
Ni htleekends 11 :00 .m. 8:00 a.m.
The Company charges weekend rates on the following Federal holidays:
New Year's Day, President's Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, L'
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 40
SECTION 4. RATES AND CHARGES (Contd)
4.2 Local Exchange Service
4.2.1 Business Service
First Measured Business
Line or Trunk
Additional Measured Business
Line or Trunk
Changes, Service Restoration
To change class, type or grade of
service(per line or trunk)
To restore service that has been
temporarily disconnected by the
Company(per line or trunk, per order)
1 Service Order for First Measured Business Line
2 Additional Lines on the SAME service order
Issued: March 24, 2008
Monthly Rate
$19.22
$19.22
$49.57
$49.57
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Non-Recurring
Charge
$49.571
$27.492
Effective Date:
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 41
SECTION 4. RATES AND CHARGES (Contd)
4.2 Local Exchange Service (Contd)
4.2.1 Business Service (Contd)
Local Usage Rates~
Day Rate
First Minute $0.040
Additional $0.010
Evening Rate Night & Weekend
$0.028
$0.0700
$0.016
$0.004
l Local usage rates apply per definition of Local Exchange Service contained in
§3.4.1.Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 42
SECTION 4. RATES AND CHARGES (Contd)
4.3 Directory Assistance Service
Per Inquiry:$1.50
Issued: March 24, 2008
N72278445.2
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
Effective Date:
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 43
SECTION 5. INTRALATAIINTERLATA TOLL PRESUBSCRIPTION
5.1 General
IntraLATAllnterLATA toll presubscription is a procedure whereby an end user
may select and designate an IntraLATA and/or InterLATA Toll Provider ("ITP") to
access IntraLATA and/or InterLATA toll calls in Idaho without dialing an access
code. The end user may designate an ITP for IntraLATA toll, a different carrier
for InterLATA toll, or the same carrier for both. This ITP is referred to as the end
user preferred IntraLATAllnterLATA toll provider.
Selection of an ITP by an end user is subject to the terms and conditions in
Section 5.2.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 44
SECTION 5. INTRALATAIINTERLATA TOLL PRESUBSCRIPTION (Contd)
5.2 Presubscription Charge Application
5.2.1 Initial Free Presubscription Choice for Customers
New end user customers (including an existing customer who orders an
additional line) who subscribe to local service wil be asked to select a
primary ITP when they place an order for Company Exchange Service.
If a customer cannot decide upon either an IntraLA TA and/or an
InterLATA toll carrier at the time, the customer wil have thirty days
following completion of the service request to make an IntraLA TA
and/or an InterLATA PIC choice without charge. In the interim, the
customer will be assigned a "No-PIC" and wil have to dial an access
code to make IntraLATA and/or InterLATA toll calls. The free selection
period available to new end users is the thirty day period following
installation of service.
Initial free selections available to end users are:
1. Designating an ITP as their primary carrier, thereby requiring no
access code to access that ITP's service. Other carriers are
accessed by dialing 101-XXXX or other required codes.
2. Choosing no carrier as a primary carrier, thus requiring 101-XXXX
code dialing to access all ITPs. This choice can be made by
directly contacting the Company.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 45
SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Contd)
5.3 End User/Pay Telephone Service Provider Charge Discrepancy ("Anti-
Slamming Measure")
5.3.1 Verification of Orders for Telemarketing
No ITP change order shall be generated by outbound telemarketing
unless, and until, the order has first been conformed in accordance with
the following procedures:
5.3.1.1 The ITP has obtained the customer's written authorization to
submit the order that explains what occurs when a PIC is
changed and confirms:
5.3.1.1.A The customer's billing name and address and
each telephone number to be covered by the
PIC change order;
5.3.1.1.8 The decision to change the PIC to the ITP; and
5.3.1.1.C The customer's understanding of the PIC change
fee; or
5.3.1.2 The ITP has obtained the customer's electronic authorization,
placed from the telephone number(s) on which the PiC is to be
changed, to submit the order that confirms the information
described in 5.3.2.1 preceding to confirm the authorization; or
5.3.1.3 An appropriately qualified and independent third party
operating in a location physically separate from the outbound
telemarketing representative has obtained the customer's oral
authorization to submit the PIC change order that confirms and
includes appropriate verification date (e.g., the customer's
date of birth or social security number).
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 46
SECTION 5. INTRALATA TOLL PRESUBSCRIPTION (Contd)
5.3 End User/Pay Telephone Service Provider Charge Discrepancy ("Anti-
Slamming Measure") (Contd)
5.3.2 The Company will follow the Federal Communications Commission and
the Commission's regulations regarding slamming. The Company will not
impose a penalty or charge for unauthorized IntraLATA and/or InterLATA
toll provider changes in Idaho.
5.3.3 The customer owns the exclusive right to select the PIC of their choice,
and may choose to migrate from one carrier to another at any time. The
Company will only accept a request to change an ITP from the customer.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
AJ72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff No.2
Original Page 47
SECTION 6. - MISCELLANEOUS SERVICES AND CHARGES
6.1 Idaho USF Surcharge
A surcharge is assessed on all access lines to contribute towards funding for an
Idaho Universal Service Fund. The surcharge rate is established by the
Commission and wil be assessed to each business and residential line.
Monthly Surcharge: $0.003
6.2 Telecommunications Service Assistance Program ("ITSAP")
ITSAP consists of two programs, Lifeline and Linkup, that were developed to
provide discounted rates for telephone service to low income customers, thus
promoting universal service. The programs are jointly sponsored (federal and
state) telephone assistance programs designed to maximize federal contributions
to Idaho's low-income customers. The programs provide reductions in monthly
rates for single line telephone service and/or reductions in one-time costs for
installation of telephone service for qualifying customers. The program is
administered by the Department of Health and Welfare in accordance with Idaho
Code, § 56-901.
6.2.1 Eligibility - To be eligible for ITSAP, the participant must:
(a) Apply through the Department of Health and Welfare,
(b) Be head of household,
(c) Have a total gross income at or below 133% of the Office of
Management and Budgets (OMB) Poverty guidelines.
6.2.2 Residents of Tribal Lands may be eligible for additional federal assistance
if the individual participates in one of the following federal assistance
programs:
(a) Bureau of Indian Affairs general assistance;
(b) Tribally administered Temporary Assistance for Needy Familes;
(c) Head Start (only those meeting its income qualifying standard);
(d) National School Lunch Program's free lunch program.
6.2.2.1 Eligibility and qualification determinations wil be performed
according to the telecommunication provider's federal tariff and/or
47 C.F.R. Part 54.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 48
SECTION 6 - MISCELLANEOUS SERVICES AND CHARGES (Contd)
6.2 Telecommunications Service Assistance Program ("ITSAP") (Contd.)
6.2.3 Each eligible participating resident of Tribal Lands must provide to its
local service provider a signed document certifying under penalty of
perjury that the customer receives benefits from at least one of the
programs mentioned.
6.2.4 Lifeline Discounts - applied to tariffed monthly recurring rates and
charges for qualifying residential customers. Monthly discount will not
exceed the rate charged for the grade of subscribed residential basic
local exchange service.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 49
SECTION 6 - MISCELLANEOUS SERVICES AND CHARGES (Contd)
6.2 Telecommunications Service Assistance Program ("ITSAP") (Contd.)
6.2.6 Rules
6.2.6.1 Applies to Telecommunication service at the principal
residence of the eligible subscriber/head of household.
6.2.6.2 A household is either an individual living alone or a group of
individuals living together in common living quarters and
facilities under such domestic arrangements and
circumstances as to create a single establishment.
6.2.6.3 The eligible participant can receive assistance with telephone
service installation costs only once at a residential address.
However, if the participant moves to a new address, meets the
eligibility criteria and is in good standing with the telephone
service provider, there is no limit to the number of times the
participant may receive assistance with telephone costs.
6.2.6.4 Nonrecurring charges to change to or from this program
because of change in eligibility status wil be waived
6.2.6.5 Lifeline service is not available for foreign exchange service.
Only one line per household wil qualify for ITSAP discounts.
6.2.6.6 Customers participating in either of these assistance programs
must notify the company of any changes that would affect
qualification. Verification of eligibilty will be established by the
Department of Health and Welfare and wil be reviewed
annually.
6.2.6.7 When the customer is no longer eligible, the discount wil be
discontinued and regular tariff rates and charges will apply.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, Ll
d/b/a Bandwidth.com
'aha P.U.C. Tariff NO.2
Original Page 50
Recovery
ION 6 - MISCELLANEOUS SERVICES AND CHARGES (Contd)
Telecommunications Service Assistance Program ("ITSAP") (Contd)
The cost of providing assistance through ITSAP shall be recover by
imposing a monthly surcharge determined by the Commissi and
ssessed on each line used for providing residential and usiness
ITSAP customers are exempted rom this
Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2
Bandwidth.com CLEC, LLC
d/b/a Bandwidth.com RECEIVED
20nS APR - 2 Art 9= 32
SECTION 6. - MISCELLANEOUS SE'W%wtl~~\_ESL i i ,_ '..; V ::S I ON
6.1 Idaho USF Surcharge
Idaho P.U.C. Tariff NO.2
Original Page 47
A surcharge is assessed on all access lines to contribute towards funding for an
Idaho Universal Service Fund ("IDUSF"). The surcharge rate is established by
the Commission and wil be assessed in accordance with the IDUSF guidelines.
6.2 Telecommunications Service Assistance Program ("ITSAP")
ITSAP consists of two programs, Lifeline and Linkup, that were developed to
provide discounted rates for telephone service to low income customers, thus
promoting universal service. The programs are jointly sponsored (federal and
state) telephone assistance programs designed to maximize federal contributions
to Idaho's low-income customers. The programs provide reductions in monthly
rates for single line telephone service and/or reductions in one-time costs for
installation of telephone service for qualifying customers. The program is
administered by the Department of Health and Welfare in accordance with Idaho
Code, § 56-901.
6.2.1 Eligibilty - To be eligible for ITSAP, the participant must:
(a) Apply through the Department of Health and Welfare,
(b) Be head of household,
(c) Have a total gross income at or below 133% of the Offce of
Management and Budgets (OMB) Povert guidelines.
6.2.2 Residents of Tribal Lands may be eligible for additional federal assistance
if the individual participates in one of the following federal assistance
programs:
(a) Bureau of Indian Affairs general assistance;
(b) Tribally administered Temporary Assistance for Needy Familes;
(c) Head Start (only those meeting its income qualifying standard);
(d) National School Lunch Program's free lunch program.
6.2.2.1 Eligibilty and qualification determinations wil be performed
according to the telecommunication provider's federal tariff and/or
47 C.F.R. Part 54.
Issued: March 24, 2008 Effective Date:
Kade Ross, COO
Bandwidth.com CLEC, LLC
4001 Weston Parkway
Cary, North Carolina 27513
N72278445.2