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HomeMy WebLinkAboutBandwidth.com CLEC LLC Tariff No 3.pdfIssued: July 28, 2014 Effective: August 7, 2014 Issued By: Lisa Jill Freeman, Vice President & Regulatory Compliance Officer 900 Main Campus Drive, Suite 500 Raleigh, NC 27606 Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 First Revised Page 1 Cancels Original Page 1 IDAHO ACCESS SERVICES TARIFF IDAHO ACCESS SERVICES TARIFF OF Bandwidth.com CLEC, LLC This tariff contains the descriptions, regulations and rates applicable to the furnishing of access service and facilities by Bandwidth.com CLEC, LLC (“the Company”) within the State of Idaho. This tariff is on file with the Idaho Public Utilities Commission. Copies may be inspected during normal business hours at the Company’s principal place of business at 900 Main Campus Drive, Suite 500, Raleigh, NC 27606. (T) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 7, 2014 Boise, Idaho Issued: June 18, 2021 Effective: July 1, 2021 Issued By: Lisa Jill Freeman, Vice President & Regulatory Compliance Officer 900 Main Campus Drive, Suite 100 Raleigh, NC 27606 Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 Fourth Revised Page 2 Cancels Third Revised Page 2 IDAHO ACCESS SERVICES TARIFF CHECK SHEET Pages of this tariff are effective as of the date shown at the bottom of the respective page(s). Original and revised pages as named below comprise all changes from the original tariff and are currently in effect as of the date on the bottom of this sheet. PAGE REVISION PAGE REVISION 1 1st Revised 29 Original 2 4th Revised * 30 Original 3 1st Revised 31 Original 4 Original 32 Original 5 Original 33 Original 6 Original 34 Original 7 1st Revised 35 Original 8 1st Revised 36 1st Revised 9 Original 37 Original 10 1st Revised 38 Original 11 1st Revised 39 Original 12 Original 40 Original 13 Original 41 Original 14 Original 42 Original 15 Original 43 1st Revised 16 Original 43.1 Original 17 1st Revised 44 2nd Revised 18 1st Revised 45 1st Revised 19 Original 46 2nd Revised 20 Original 47 2nd Revised 21 Original 48 1st Revised 22 Original 49 3rd Revised * 23 Original 49.1 Original 24 Original 50 Original 25 Original 51 Original 26 Original 52 Original 27 Original 53 Original 28 1st Revised 28.1 Original 28.2 Original 28.3 Original 28.4 Original * New or Revised Page Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2021 Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.C. Tariff No. 3 First Revised Page 3 Cancels Original Page 3 IDAHO ACCESS SERVICES TARIFF TABLE OF CONTENTS SECTION 7 - CALL FLOW DIAGRAMS (N) CHECK SHEET TABLE OF CONTENTS SYMBOLS TARIFF FORMAT SECTION 1- DEFINITIONS SECTION 2- RULES AND REGULATIONS SECTION 3- ORDERING OPTIONS FOR ACCESS SERVICE SECTION 4- SWITCHED ACCESS SERVICE SECTION 5- SWITCHED ACCESS RATES SECTION 6 - CONTRACTS AND INDIVIDUAL CASE BASIS ARRANGEMENT Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG SEP 2 0 2010 Boise, Idaho Issued: September 9, 2010 Effective: September 20, 2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Bandwidth.com CLEC, LLC IDAHO ACCESS SERVICES TARF Idaho P.U.C. Tarff No. 3 Original Page 4 SYMOLS The following are the only symbols used for the puroses indicated below: (C) Changed regulation. (D) Delete or discontinue. (I) Change resulting in an increase to a customer's bilL. (M) Moved from or to another tariff location. (N New rate, regulation, condition, or sheet. (R) Change resulting in a reduction to a customer's bilL. (T) Change in text Issued: August 16,2010 Issued By:JonathanS. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Effective: August 27, 2010 Idaho Public Utilities Commission Offce of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho ,'; Bandwidth.com CLEC, LLC Idaho P.U.C. Tarff No. 3 Origial Page 5 IDAHO ACCESS SERVICES TARF TARF FORMT A. Sheet Numberig - Sheet numbers appear in the upper right comer of the sheet. Sheets are numbered sequentially. When a new sheet is added between sheets already in effect, a decimalis added. For example, a new sheet added between sheets 14 and 15 would be 14.1. B. Sheet Revision Numbers - Revision numbers also appear in the upper right comer of each sheet. These numbers indicate the most curent sheet version on file with the Commssion. For example, the 4th revised Sheet 14 cancels the 3rd revised Sheet 14. Because of varous suspension periods, deferrls, etc. the Commission follows in its taff approval process, the most curent sheet number on fie with the Commssion is not always the sheet in effect. Consult the Check Sheet for the sheet ~urent1y in effect. C. Paragraph Numbering Sequence - There are nie levels of paragraph codig. Each level of coding is subservent to the next higher level: 2. 2.1. 2.1.1. 2.l.l.A. 2.l.l.A.1. 2. 1. LA. l.(a). 2.1.1.A.1.( a ).L(i). 2.1.1 .A. 1 .(a).L(i). 2.1.1 .A. 1 .(a).L(i).(l). D. Check Sheets - When a tarff fiing is made with the Commssion, an updated Check Sheet accompanies the filing. The Check Sheet lists the pages contained in the tarff, with the curent revision number of each sheet. All revisions made in a given filing are designated by an asterisk (*). The tarff user should refer to the latest Check Sheet to fid out if a paricular page is the most curent on file with the Commssion. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Car, North Carolin 27513 Effective: August 27, 2010 Idaho Public Utiities Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC,LLC Idao P.U.C. Tarff No. 3 Origial Page 6 IDAHO ACCESS SERVICES TARF SECTION 1- DEFINITIONS Certain terms used generally thoughout this tarff are defmed below. Access Code: A uniform seven-digit code assigned by the Company to an individual Customer. The seven-digit code has the form 950-XX or 1OlXX. Access Servce: Access to the network of an Interexchange Carer for the purose of originating or termating communcations. Access Servce Request (ASR): The industry servce order format used by Access Servce Customers and access providers as agreed to by the Orderig and Biling Foru. Authorized User: A person, firm, corporation or other entity that either is authoried by the Customer to use Access Servces or is placed in a position by the Customer, either through acts or omissions, to use Access Servce. Carer or Common Carer: See Interexchange Carer or Exchange Carrer. Chanel: A communcations path between two or more points. CIC: An interexchange carer identification code. Commssion: The Idaho Public Utilities Commssion. Common Channel Signaling (CCS): A high-speed packet switched communications network that is separate (out of band) from the public packet switched and message networks. It is used to car addressed signaling messages for individual trnk circuits and/or database related services between signaling points in the CCS network. Company: Bandwidth.com CLEC, LLC, issuer of this tarff. Constructive Order: Delivery of calls to or acceptace of calls from the Company's End User locations over the Company-switched local exchange servces constitutes a Constructive Order by the Customer to purchase switched access servces as described herein. Similarly the selection by a Company's End User of the Customer as the presubscribed IXC constitutes a Constructive Order of switched access by the Customer. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Car, Nort Carolina 27513 Effective: August 27, 2010 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Issued: January 30, 2012 Effective: February 9, 2012 By: Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, NC 27513 Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 First Revised Page 7 Cancels Original Page 7 IDAHO ACCESS SERVICES TARIFF SECTION 1- DEFINITIONS (Cont’d.) Customer: The person, firm, corporation or other entity that orders Service and is responsible for the payment of charges and for compliance with the Company’s tariff regulations. The Customer could be an End User, interexchange carrier, a wireless provider, other telecommunications carriers or providers originating or terminating VoIP-PSTN Access Traffic or any other carrier authorized to operate. DS0: Digital Signal Level 0; a dedicated full duplex digital channel with line speeds of 2.4, 4.8, 9.36, 19.2, 56 or 64 Kbps. DS1: Digital Signal Level 1: a dedicated, high capacity, full duplex channel with a line speed of 1.544 Mbps isochronous serial data having a line signal format of either Alternate Mark Inversion (AMI) or Bipolar with 8 Zero Substitution (B8ZS) and either Superframe (D4) or Extended Superframe (ESF) formats. DS1 service has the capacity of 24 Voice Grade or DS0 services. DS3: Digital Signal Level 3; a dedicated, high capacity, full duplex channel with a line speed of 44.736 Mbps isochronous serial data having a line code of bipolar with three zero substitutions (B3ZS). Equivalent capacity of 28 DS1 Services. (T) | (T) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 9, 2012 Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.C. Tariff No. 3 First Revised Page 8 Cancels Original Page 8 IDAHO ACCESS SERVICES TARIFF SECTION 1- DEFINITIONS (Cont'd. 8YY Data Base Access Service: The term "8YY Data Base Access Service" denotes a toll-free originating Trunk side Access Service when the 8YY Service Access Code (i., 800, 822, 833 , 844, 855 866 877, or 888 as available) is used. End User: Any individual, association, corporation, governmental agency or any other entity subscribing to intrastate service provided by an Exchange Carrier where such individual association, corporation governmental agency or other entity is not an Interexchange Carrier, Local Exchange Carrier, Wireless Carrier or other entity otherwise utilizing the Company s service to provide a telecommunications service (as defined by applicable law) to its own Customers. Exchange: A group of lines in a unit generally smaller than a LATA established in the tariff of an incumbent local exchange carrier for the administration of communications service in a specified area. Exchange Carrier: Any individual, partnership, association, joint-stock company, trust, governmental entity or corporation engaged in the provision of local exchange telephone service. Exchange Message Interface (EMI): the industry standard format used for exchange of telecommunications message information among carriers. Facility (or Facilities): Any item or items of communications plant or equipment used to provide or connect to the Company. FCC: Federal Communications Commission. Holiday: The term "holiday" means 8:00 a.m. to, but not including II :00 p.m. local time at the originating city on all Company-specified holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. When holidays fall on Saturday or Sundays, the holiday rate applies unless a larger discount would normally apply. Individual Case Basis: A service arrangement in which the regulations, rates and charges are developed based on the specific circumstances of the Customer s situation. Interexchange Carrier (IXC) or Interexchange Common Carrier: Any individual, partnership, association joint-stock company, trust, governmental entity or corporation engaged in state or foreign communication for hire by wire or radio, between two or more exchanges. Kbps: Kilobits per second; thousands of bits per second. (T) (T) (T) (T) Idaho Public Utilities Commission Office of the Secret3ry ACCEPTED FOR FlUNG SEP 2 0 2010 Boise, Idaho Issued: September 9 2010 Effective: September 20, 20 I 0 Issued By:Jonathan S. Mitchell, Chief Executive Officer 400 I Weston Parkway Cary, North Carolina 27513 Bandwidth.com CLEC, LLC Idaho P.u.c. Tarff No. 3 Original Page 9 IDAHO ACCESS SERVICES TARF SECTION 1- DEFINITIONS (Contd.) LATA: A local access and tranport area established puruat to the Modification of Final Judgment entered by the United States District Cour for the District of Columbia in Civil Action No. 82-0192 for the provision and admistration of communcations servces. Line Information Data Base (LIDB): The data base which contains base information such as telephone numbers, callng card numbers and associated biled number restrction data used in connection with the validation and biling of calls. Local Switchig Center: The switchig center where telephone exchange servce Customer station Chanels are termnated for puroses of interconnection to each other and to interoffce Trunks. Local Traffc: Traffc is "Local Traffic" under this tariff if: (i) the call originates and terminates in the same exchange area; or (ii) the call originates and termnates within different exchanges that share a common mandatory local calling area. Mbps: Megabits per second; millons of bits per second. Meet Point: A point of interconnection that is not an end office or tandem. Meet Point Biling: The arangement through which multiple Exchange Carers involved in providing Access Service bil servces on a proportional basis under their respective tarffs. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Effective: August 27, 2010 Idaho Public Utilities Commission Offce of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.c. Tariff No. 3 First Revised Page 10 Cancels Original Page 10 IDAHO ACCESS SERVICES TARIFF SECTION 1- DEFINITIONS (Cont' Non-Recurring Charges: One-time initial charges for services or facilities, including but not limited to charges for construction, installation, or special fees, for which the Customer becomes liable at the time service is ordered. Premises: The space occupied by a Customer or Authorized User in a building or buildings or on contiguous property (except railroad rights-of-way, etc. Presubscription: An arrangement whereby an End User or other user of the Company s services may select and designate to the Company an Interexchange Carrier (IXC) or Carriers it wishes to access without an Access Code, for completing intricate toll calls and/or interLATA calls. The selected IXC(s) are referred to as the End User s or user s Primary Interexchange Carrier (PIC). (T) (T) Query: An inquiry to a database to obtain information, processing instructions or service data. Recurring Charges: The monthly charges to the Customer for services, facilities and equipment, which continue for the agreed upon duration of the service. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiUNG SEP 2 0 2010 Boise, Idaho Issued: September 9 2010 Effective: September 20 2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Issued: January 30, 2012 Effective: February 9, 2012 By: Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, NC 27513 Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 First Revised Page 11 Cancels Original Page 11 IDAHO ACCESS SERVICES TARIFF SECTION 1- DEFINITIONS (Cont’d.) Signaling Point of Interface: The Customer designated location where the SS7 signaling information is exchanged between the Company and the Customer. Signaling System 7 (SS7): The common Channel Out-of-Band Signaling protocol developed by the Consultative Committee for International Telephone and Telegraph (CCITT) and the American National Standards Institute (ANSI). Station: Refers to telephone equipment or an exchange access line from or to which calls are placed. Terminal Equipment: Telecommunications devices, apparatus and associated wiring on the Customer- designated premises. TDM – Time Division Multiplexing – a method of transmitting and receiving voice signals over the Public Switched Telephone Network (PSTN). Trunk: A communications path connecting two switching systems in a network, used in the establishment of an end-to-end connection. VoIP – Voice over Internet Protocol. Transmission of communication by aid of wire, cable, radio, or other like connection using Voice Over Internet Protocol that is originated or terminated in Internet Protocol (IP) format. VoIP services are those services that require the use of IP compatible customer premises equipment. VoIP-PSTN Access Traffic - VoIP-PSTN Access Traffic is the access traffic exchanged between the Company and the Customer in time division multiplexing ("TDM") format that originates and/or terminates in Internet protocol ("IP") format. Traffic originates and/or terminates in IP format if it originates from and/or terminates to an end user customer of a service that requires Internet protocol compatible customer premises equipment. Wireless Provider: Any carrier authorized to operate as a provider of cellular, personal communications, paging or other form of wireless transmission. (N) (N) (N) | | (N) (N) | | | (N) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 9, 2012 Boise, Idaho Bandwidth.com CLEC, LLC Idao P.U.C. Tarff No. 3 Origi Page 12 IDAHO ACCESS SERVICES T ARF SECTION 2- RULES AN REGULATIONS 2.1 Undertaking of the Company 2.1.1 Scope The Company undertakes pursuat to ths Tarff to fush switched or dedicated access communications service. Access Servce is available to customers as described herein. The Company may offer these servces over its own or resold facilities. The Company installs, operates, and maintains the communcations services provided herein in accordance with the terms and conditions set forth under this Tarff. The Company may act as the Customer's agent for ordering access connection facilities provided by other carrers or entities as required in the Commssion's rules and orders, when authoried by the Customer, to allow connection of a Customer's location to the Company network. The Customer shall be responsible for all charges due for such servce agreements. The Company is responsible under this taff only for the servces and facilties provided hereunder, and it assumes no responsibilty for any servce provided by any other entity that purchases access to the Company's network in order to originate or termate its own servces, or to communicate with its own customers. The Company's services and facilties are provided on a monthly basis uness otherwise indicated, and are available twenty-four hours per day, seven days per week. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Car, North Carolina 27513 Effective: August 27, 2010 Idaho Public Utilities Commission Offce of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idao P.U.C. Tarff No. 3 Original Page 13 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Cont'd.) 2.1 Undertaking ofthe Company (Cont'd.) 2.1.2 Shortage of Equipment or Facilties A. The Company reserves the right to limt or to allocate the use of existing facilties, or of additional facilities offered by the Company when necessary because of lack of facilties or due to some other cause beyond the Company's control. B. The fuishingof servce under this tariff is subject to the availabilty on a continuing basis of all the necessar facilties and is lited to the capacity of the Company's facilties as well as facilties the Company may obtain from other Carrers from time to time, to fush servce as required at the sole discretion of the Company. C. The provisioning and restoration of service in emergencies shall be in accordace with Par 64, Subpar D, Appendix A of the Federal Communcations Commssion's Rules and Regulations, which specifies the priority system for such activities. 2.1.3 Terms and Conditions A. Except as otherwise provided herein servce is provided and biled for a minium period of one month, and shall continue to be provided until canceled by the Customer, in wrting, on not less than 30 days notice. Unless otherwise specified herein, for the purose of computing charges in this tariff, a month is considered to have 30 days. B. Customers seekig to cancel service have an affative obligation to block traffc origiating from or termating to the Company's network. By origiating traffc from or originating traffic to the Company's network, the Customer wil have constructively ordered the Company's switched access servce. C. The Customer agrees to operate the Company-provided equipment in accordace with instructions of the Company or the Company's agent. Failure to do so wil void the Company liability for interrption of servce and may make the Customer responsible for daage to equipment. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Car, North Carolina 27513 Effective:-Aulrst 27,2010. .Idano PU1illC utiliies -Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise. Idaho Bandwidth.com CLEC, LLC Idaho P.U.C. Tarff No. 3 Origial Page 14 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AND REGULATIONS (Cont'd.) 2.1 Undertaking ofthe Company(Cont'd.) 2.1.3 Terms and Conditions (Cont'd.) D. The Customer agrees to retu to the Company all of the Company-provided equipment delivered to Customer within five (5) days of termation of the service in connection with which the equipment was used. Said equipment shall be in the same condition as when delivered to Customer, normal wear and tear only excepted. Customer shall reimburse the Company, upon demand, for any costs incured by the Company due to Customer's failure to comply with this provision. E. Customers may be required to enter into written Servce Orders which shall contain or reference the name of the Customer, a specific description of the servce ordered; the rate to be charged, the duration of the services, and the terms and conditions in this Tarff. Customers are also required to execute other documents as may be reasonable requested by the carer. F. A Carrer that routes traffc to the Company's network for termation of exchange, intraLATA or interLATA traffc shall be deemed to have submitted, and the Company shall be deemed to have received, an Access Order at the time traffic is first routed to the Company, uness the Company and the carer have previously provided for alternative treatment. Carer and the Company wil exchange all required information to measure traffc and invoice charges and credits. G. At the expiration of the initial term specified in each Service Order, or in any extension thereof, servce shall continue on a month-to-month basis at the then- curent rate uness terminated by either pary upon thiy (30) days written notice. Any termation shall not relieve Customer of its obligation to pay any charges incured under the Servce Order and this Tariff prior to termation. The rights and obligations which by their nature extend beyond the termation of the term of the Servce Order shall surve such termation. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Effective: August 27, 2010 Idaho Public Utilìties Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise. Idaho Bandwidth.com CLEC, LLC Idao P.U.C. Tariff No. 3 Original Page 15 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Cont'd.) 2.1 Undertaking ofthe Company (Cont'd.) 2.1.4 Liabilty of the Company A. The liabilty of the Company for daages arsing out of the fushig of its Servces, includig but not limted to mistakes, omissions, interrptions, delays, errors, other defects, or representations by the Company, or use of these servces or daages arsing out of the failure to furnsh the servce whether caused by act or omission, shall be limted to the extension of allowances for interrption as set forh in 2.6 below. The extension of such allowances for interrption shall be the sole remedy of the Customer and the sole liability of the Company. The Company wil not be liable for any direct, indiect, incidental, special, consequential, exemplary or puntive daages to Customer as a result of any of the Company servce, equipment or facilities, or the acts or omissions or negligence of the Company's employees or agents. B. The Company shall not incur any liabilty with regard to delayed installation of the Company facilties or commencement of servce. With respect to any other claim or suit, by a Customer or by any others, for daages associated with the ordering (includig the reservation of any specific number for use with a servce), installation (includig delays thereof), provision, teration, maintenance, repair interrption or restoration of any servce or facilties offered under this tarff, the Company's liabilty, if any, shall be limted as provided herein. C. The Company shall not be liable for any delay or failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction action, or request of The United States governent or of any other governent, includig state and local governents having or claig jurisdiction over the Company, or of any deparment, agency, commission, bureau, corporation, or other instrentality of anyone or more of these federal, state, or local governents, or of any military authority; preemption of existing servce in compliance with national emergencies; insuections; riots; wars; unavailability of rights-of-way or materials; or stries, lockouts work stoppages, or other labor diffculties. Issued: August 16,2010 Effective: August 27, 2010 Issued By:Jonathan S. Mitchell, Chief Executive Offcer 4001 Weston Parkway Cary, North Carolin 27513 Idaho Public Utilties Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise. Idaho Bandwidth.com CLEC, LLC Idaho P.u.c. Tarff No. 3 Origial Page 16 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Cont'd.) 2.1 Undertaking ofthe Company (Cont'd.) 2.1.4 Liabilty of the Company (Cont'd) D. The Company shall not be liable for (a) any act or omission of any entity fushig the Company or the Company's customers facilities or equipment used for the interconnection with Access Services; or (b) for the acts or omissions of other Common Carers. E. The Company shall not be liable for any daages or losses due to the fault or negligence of the Customer or due to the failure or malfuction of Customer- provided equipment or facilities. F. The Customer shall indemnfy and hold the Company haress from any and all loss, clais, demands, suits, or other actions, or any liabilty whatsoever, whether suffered, made, instituted, or asserted by any other pary or person(s), and for any loss, daage, or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused diectly or indirectly by the installation, operation, failure to operate, maintenance, removal, condition, location, or use of any installation or equipment provided by the Company. The Company reserves the right to require each Customer to sign an agreement acknowledging acceptance of the provisions of this Section as a condition precedent to such installations. G. The Company shall not be liable for any defacement of or damage to Customer's Premises resulting from the fushing of servces or equipment on such Premises or the installation or removal thereof, uness such defacement or daage is caused by the gross negligence or wilful misconduct of the Company's agents or employees. No agents or employees of other paricipating Carrers shall be deemed to be agents or employees of the Company. Issued: August 16,2010 Effective: August 27, 2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 400 1 Weston Parkway Car, Nort Carolina 27513 Idaho Public Utilties Commission Office of the Secretary ACCEPTED FOR FILING AUG.2'72010 Boise. Idaho Idaho P.c. Tariff No. 3 First Revised Page 17 Cancels Original Page 17 Bandwidth.com CLEC, LLC IDAHO ACCESS SERVICES TARIFF SECTION 2- RULES AND REGULATIONS (Cont' Undertaking of the Company (Cont'd. 1.4 Liability of the Company (Cont'd) Notwithstanding the Customer s obligations as set forth in Section 2.3 below, the Company shall be indemnified, defended and held harmless by the Customer and by others authorized by it to use the service, against any claim, loss or damage arising from Customer s use of services furnished under this tariff including: claims for libel, slander, invasion of privacy or infringement of copyright arising from the material, data, information, or other content transmitted via the Company s service; patent infringement claims arising from combining or connecting the service offered by the Company with apparatus and systems of the Customer or others; and all other claims arising out of any act or omission of the Customer or others, in connection with any service provided by the Company pursuant to this tariff The Company shall be indemnified and held harmless by the End User or other user of services hereunder against any claim, loss or damage arising from the End User s or such other user s use of services furnished under this tariff including: claims for libel, slander, invasion of privacy or infringement of copyright arising from the End User s or such other user s own communications; patent infringement claims arising from the End User s or such other user s combining or connecting the service offered by the Company with facilities or equipment furnished by the End User of another Interexchange Carrier; or all other claims arising out of any act or omission of the End User or such other user in connection with any service provided pursuant to this tariff. (T) (T) (T) (T) (T) The entire liability of the Company for any claim, loss, damage or expense from any cause whatsoever shall in no event exceed sums actually paid to the Company by the Customer for the specific services giving rise to the claim, and no action or proceeding against the Company shall be commenced more than one year after the service is rendered. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG SEP 2 0 2010 Boise, Idaho Issued: September 9 2010 Issued By: Effective: September 20, 2010 Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Bandwidth.com CLEC, LLC Idaho P.C. Tariff No. 3 First Revised Page 18 Cancels Original Page 18 IDAHO ACCESS SERVICES TARIFF SECTION 2- RULES AND REGULATIONS (Cont'd. Undertaking of the Company (Cont' 1.4 Liability of the Company (Cont'd. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATION EXPRESS OR IMPLIED INCLUDING WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A P ARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN. The Company shall not be liable for any act or omission of any other company or companies furnishing a portion of the service, or for damages associated with service, Channels, or equipment which result from the operation of Customer- provided systems, equipment, facilities or service which are interconnected with the Company s services. The Company does not guarantee nor make any warranty with respect to service installations at locations at which there is present an atmosphere that is explosive prone to fire, dangerous or otherwise unsuitable for such installations. The Customer and End User or other user of the Company s services shall indemnify and hold the Company harmless from any and all loss, claims, demands, suits or other actions, or any liability whatsoever, whether suffered, made, instituted or asserted by the Customer or by any other party, for any personal injury to, or death of, any person or persons, or for any loss, damage or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, locations or use of service furnished by the Company at such locations. (T) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR F~LlNG SEP 2 0 2010 Boise, Idaho Issued: September 9 2010 Effective: September 20 2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Bandwidth.com CLEC, LLC Idao P.U.C. Tarff No. 3 Origial Page 19 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Cont'd.) 2.1 Undertaking ofthe Company (Cont'd.) 2.1.4 Liabilty ofthe Company (Cont'd.) N. The Company shall not be liable for the Customer's failure to fulfill its obligations to tae all necessar steps including, without limtation, obtaing, installing and maintaiing all necessar equipment, materials and supplies for interconnecting the termal equipment or communcations system of the Customer, or any thid par acting as its agent, to the Company's Network. The Customer shall secure all licenses, permts, rights-of-way, and other arrgements necessar for such interconnection. In addition, the Customer shall ensure that its equipment and/or system or that of its agent is properly interfaced with the Company's servce, that the signals emitted into the Company's Network are of the proper mode, bandwidth, power, data speed, and signal level for the intended use of the Customer and in compliance with the criteria set forth in Section 2.1.6 following, and that the signals do not daage the Company equipment, injure its personnel or degrade servce to other Customers. If the Customer or its agent fails to maintain and operate its equipment and/or system or that of its agent properly, with resulting immnent har to the Company equipment, personnel, or the quality of servce to other Customers, the Company, may, upon wrtten notice, require the use of protective equipment at the Customer's expense. If ths fails to produce satisfactory quality and safety, the Company may, upon wrtten notice, termate the Customer's servce without liability. O. The Company shall not be liable for any act or omission concerng the implementation of Presubsciption. P. With respect to Telecommunications Relay Servce (TRS), any servce provided by the Company that involves receivig, tralating, transmitting or delivering messages by telephone, text telephone, a telecommunications device for deaf, or any other instrent over the facilties of the Company or any connecting Carrer, the Company's liabilty for the interrption or failure of the service shall not exceed an amount equal tothe Company's charge for a one-miute call to the called station at the time the affected calls were made. Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Effective: August 27,2010 Idaho Public Utilities Commission Offce of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Issued: August 16, 2010 Boise. Idaho Bandwidth.com CLEC, LLC Idao P.U.C. Tarff No. 3 Origial Page 20 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Contd.) 2.1 Undertaking ofthe Company (Cont'd.) 2.1.4 Liabilty ofthe Company (Cont'd.) THE INCLUDED EXCULPATORY LANGUAGE DOES NOT CONSTITE ADETERMINATION BY THE COMMISSION THAT A LIMITATION OFLIAILITY IMPOSED BY THE COMPAN SHOULD BE UPHELD IN ACOURT. OF LAW. ACCEPTANCE FOR FILING BY THE COMMISSIONRCOGNIES THAT IT IS A COURT'S RESPONSffILITY TO ADJUICATENEGLIGENCE AN CONSEQUENTIA DAMAGE CLAIS. IT IS ALSO THECOURT'S RESPONSffILITY TO DETERMIN THE VALIDIT OF THEEXCULPATORY CLAUSE. 2.1.5 Notification of Servce-Afecting Activities The Company wil attempt to provide the Customer reasonable notification of servce- affecting activities within its control that may occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearangements and routine preventative maintenance. Generally, such activities are not specific to an individual Customer but affect many Customers' services. No specific advance notification period is applicable to all servce activities. The Company wil work cooperatively with the Customer to determe reasonable notification requirements. With some emergency or unplaned servce-affecting conditions, such as an outage resulting from cable daage, notification to the Customer may not be possible.2.1.6 Provision of Equipment and Facilties A. The Company shall use reasonable efforts to make available servces to a Customer on or before a paricular date, subject to the provisions of and compliance by the Customer with, the regulations contaied in this tarff. The Company does not guarantee availabilty by any such date and shall not be liable for any delays in commencing servce to any Customer. B. The Company shall use reasonable efforts to maintain facilties and equipment that it furnshes to the Customer. The Customer may not, nor may the Customer permt others to, rearange, disconnect, remove, attempt to repair or otherwise interfere with any of the facilties or equipment installed by the Company, except upon the written consent of the Company. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Car, North Carolina 27513 Effective: August 27,2010 Idaho Public Utilities Commission Offce of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 BoLse. Idaho Bandwidth.com CLEC, LLC Idao P.U.C. Tariff No. 3 Origial Page 21 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Cont'd.) 2.1 Undertaking ofthe Company (Cont'd.) 2.1.6 Provisions of Equipment and Facilties (cont' d) C. The Company may substitute, change or rearge any equipment or facility at any time and from time to time, but shall not thereby alter the techncal parameters of the servce provided the Customer. D. Equipment the Company provides or installs at the Customer Premises for use in connction with the servces the Company offers shall not be used for any purose other than that for which the Company provided it. E. The Customer shall be responsible for the payment of service charges imposed on the Company by another entity, for visits to the Customer Premises when the servce diffculty or trouble report results from the u,se of equipment or facilties provided by any pary other tha the Company, including but not limted to the Customer. F. The Company shall not be responsible for the installation, operation, or maintenance of any Customer-provided communcations equipment. Where such equipment is connected to the facilties fuhed puruant to this tariff, the responsibilty of the Company shall be limted to the fushig of facilities offered under this tariff and to the maintenance and operation of such facilities. Notwithstading the above, the Company shall not be responsible for: 1. the transmission of signals by Customer-provided equipment or for the quality of, or defects in, such trsmission; 2. the reception of signals by Customer-provided equipment; or 3. network control signaling where such signaling is performed by Customer-provided network control signaling equipment. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Car, North Carolina 27513 Effective: August 27,2010 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idao P.U.C. Tarff No. 3 Origial Page 22 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Cont'd.) 2.1 Undertaking ofthe Company (Cont'd.) 2.1.6 Provisions of Equipment and Facilties (Cont'd.) G. The Company intends to work cooperatively with the Customer to develop network contingency plans in order to maintain maximum network capabilty following naturl or man-made disasters that affect telecommunications services. H. The Company reserves the reasonable right to assign, designate or change telephone numbers, any other call number designations associated with Access Services, or the Company serving central offce prefixes associated with such numbers, when necessary in the conduct of its business. 2.1.7 Non-routine Installation At the Customer's request, installation and/or maintenance may be performed outside the Company's regular business hours or in unusual locations. In such cases, charges based on cost of the actual labor, material, or other costs incured by or charged to the Company wil apply. If installation is stared durig regular business hours but, at the Customer's request, extends beyond regular business hours into time periods includig, but not limited to, weekends, holidays, and/or night hours, additional chages may apply. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Offcer 4001 Weston Parkway Car, North Carolina 27513 Effective: August 27, 2010 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.U.C. Tarff No. 3 Origial Page 23 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Contd.) 2.1 Undertaking ofthe Company (Cont'd.) 2.1.8 Special Constrction Subject to the argement of the Company and to all of the regulations contained in this tarff, special constrction of facilities may be undertaken on a reasonable efforts basis at the request of the Customer. Special constrction is that construction underten and characterized by one or more of the following: A. where facilities are not presently available and there is no other requirement for the facilities so constructed; B. of a tye other than that which the Company would normally utilze in the furnshig of its services; C. where facilities are to be installed over a route other than that which the Company would normally utilize in the fushing of its servces; D. where facilties are requested in a quantity greater tha that which the Company would normally constrct; E. where instalation is on an expedited basis; F. on a temporar basis until permanent facilities are available; G. installation involvig abnormal costs; or H. in advance of the Company's normal construction schedules. Special constrction charges for Access Service wil be determned on an individual basis. 2.1.9 Ownership of Facilties Title to all facilities provided in accordance with this tarff remains in the Company, its agents, contractors or suppliers. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Effective: August27, 2010 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 20íO Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 Orginal Page 24 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Cont'd.) 2.2 Prohibited Uses 2.2.1 The servces the Company offers shall not be used for any unawful puroses or for any use for which the Customer has not obtained all required governental approvals, authorizations, licenses, consents and permts. 2.2.2 The Company may require applicants for servce who intend to use the Company's offerigs for resale and/or for shared use to fie a letter with the Company config that their use of the Company's offerigs complies with relevant laws and applicable state regulations, policies, orders, and decisions and, if the Reseller intends to provide intrastate servces, is certified with the proper state authority. 2.2.3 The Company may require a Customer to imediately shut down its transmission of signals if said transmission is causing interference to others. 2.3 Obligations of the Customer 2.3.1 The Customer shall be responsible for: A. the payment of all applicable charges puruant to ths tarff; B. reimburing the Company for daage to, or loss of, the Company's facilties or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer with these regulations; or by fie or theft or other casualty on the Customer Premises; uness caused by the negligence or wilful misconduct of the employees or agents of the Company. The Company wil, upon reimburement for daages to its facilities or equipment, cooperate with the Customer in prosecuting a claim agaist the person causing such damage, and the Customer shall be subjugated in the Company's right of recovery of damages to the extent of such payment; C. providing at no charge, as specified from time to time by the Company, any needed personnel, equipment, space, and power to operate the Company facilities and equipment installed on the Customer Premises, and the level of heating and air conditioning necessar to maintain the proper operating environment on such Premises; Issued: August 16,2010 Effective: August 27, 2010 Issued By:Jonathan S. Mitchell, Chief Executive Offcer 4001 Weston Parkway Car, North Carolina 27513 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise. Idaho Bandwidth.com CLEC, LLC Idaho P.U.C. Tarff No. 3 Origial Page 25 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Cont'd.) 2.3 Obligations ofthe Customer (Cont'd.) 2.3.1 The Customer shall be responsible for: (Cont'd.) D. obtaing, maintaing, and otherwise havig full responsibility for all rights-of- way and conduit necessar for installation of fiber optic cable and associated equipment used to provide Access Servces to the Customer from the cable building entrance or property line to the location of the equipment space described in Section C above. Any costs associated with obtainig and maintaing the rights-of-way described herein, includig the costs of alterig the structue to permit installation of the Company-provided facilities, shall be borne entirely by, or may be charged by the Company to, the Customer. The Company may require the Customer to demonstrate its compliance with this subsection prior to accepting an order for service; E. providig a safe place to work and complying with all laws and regulations regarding the workig conditions on the Premises at which the Company employees and agents shall be installing or maintaing the Company's facilties and equipment. The Customer may be required to install and maintain the Company facilties and equipment within a hazardous area if, in the Company's opinon, injury or damage to the Company employees or property might result from installation or maintenance by the Company. The Customer shall be responsible for identifyng, monitorig, removig, and disposing of any hazdous material (e.g. frable asbestos) prior to any constrction or installation work; F. complying with all laws and regulations applicable to, and obtainig all consents, approvals, licenses, and permits as may be required with respect to, the location of the Company facilties and equipment in any Customer Premises or the rights- of-way which Customer is responsible for obtaing under Section D above; and granting or obtaing permission for the Company agents or employees to enter the Customer Premises at any time for the purose of installing, inspecting, maintaing, repairg or, upon termination of servce as stated herein, removing the facilties or equipment of the Company; and G. not creating or allowing to be placed or maintained any liens or other encumbrances on the Company's equipment or facilities. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Effective: August 27, 2010 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idao P.U.C. Tarff No. 3 Origial Page 26 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS, (Contd.) 2.3 Obligations ofthe Customer (Cont'd.) 2.3.2 Claims With respect to any servce or facility provided by the Company, Customer shall indemnify, defend and hold haress the Company from all claims, actions, daages, liabilities, costs, and expenses, includig reasonable attorneys' fees for: A. any loss, destrction or damage to property of the Company or any thid party, or the death of or injur to persons, including, but not lited 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; B. any claim, loss, damage, expense or liability for ingement of any copyrght, patent, trade secret, or any proprieta or intellectual property right of any thd pary, arsing from any act or omission by the Customer, including, without limitation, use of the Company's servces and facilities in a maner not contemplated by the agreement between the Customer and the Company. 2.3.3 Jurisdictional Reportng A. The jursdictional reporting requirements wil be as specified below. When a Customer orders Access Service, its projected Percent Interstate Usage (PIU may be provided in whole numbers to the Company. These whole number percentages wil be used by the Company to apportion the use and/or charges between interstate and intrastate for the following quaer or until a revised report is received as set forth herein. Reported or default Pil factors are used where the call detail is insuffcient to determe the appropriate jursdiction of the traffic. Issued: August 16,2010 Effective: August 27, 2010 Issued By:Jonathan S. Mitchell, Chief Executive Offcer 4001 Weston Parkway Car, North Carolin 27513 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise. Idaho Bandwidth.com CLEC, LLC Idaho P.U.C. Tarff No. 3 Original Page 27 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Contd.) 2.3 Obligations ofthe Customer (Cont'd.) 2.3.3 Jurisdictional Reportg (Cont'd.) B. Originating and Termating Access: For Featue Group D Switched Access Servce(s), the Customer may provide the Company with a projected Pil factor by supplyig the Company with an interstate percentage of ternating access miutes on a quaerly basis, as described in Section D below. If no projected Pil factor is submitted by the Customer, then the projected Pil wil be set on a default basis of 50 percent interstate traffc and 50 percent intrastate traffic. C. Except where the Company-measured access minutes are used as set forth above, the Customer-reported Projected Pil factor as set forth above wil be used until the next quaer or until the Customer reports a different projected Pil factor, as set forth below. Any revised report will serve as the basis for future biling and wil be effective the following calendar quaer. D. Effective on the fist of Janua, April, July and October of each year the Customer should update its interstate and intrastate jursdictional report. The Customer should forward to the Company, to be received no later than 15 days after the first of each such month, a revised report showing the interstate and intrastate percentage of use for the past three months endig the last day of December, March, June, and September, respectively, for each servce aranged for interstate use, based solely on the traffc originating from or terminating to the Company Local Switchig Center. The revised report wil serve as the basis for the next three months' biling and wil be effective on the bill date for that servce. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 400 1 Weston Paray Car, North Carolina 27513 Effective: August 27, 2010 Idaho Public Utilties Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise. Idaho Issued: January 30, 2012 Effective: February 9, 2012 By: Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, NC 27513 Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 First Revised Page 28 Cancels Original Page 28 IDAHO ACCESS SERVICES TARIFF SECTION 2- RULES AND REGULATIONS (Cont’d.) 2.3 Obligations of the Customer (Cont’d.) 2.3.3 Jurisdictional Reporting (Cont’d.) E. Jurisdictional Reports Verification: If a billing dispute arises or a regulatory commission questions the projected PIU factor, the Customer will provide the data used to determine the projected PIU factor. The Customer will supply the data within 30 days of the Company’s request. The Customer shall keep records of call detail from which the percentage of interstate and intrastate use can be ascertained and, upon request of the Company, shall make the records available for inspection as reasonably necessary for purposes of verification of the percentages. The Company reserves the right to conduct an audit at any time during the year. The Customer, as its own expense, has the right to retain an independent auditing firm. F. Terminating Traffic from Exchange Carrier. Any exchange, intraLATA or interLATA traffic terminated to the Company’s network by an Exchange Carrier that is subject to this Tariff shall be treated as Feature Group D traffic. 2.3.4 Identification and Rating of VoIP-PSTN Access Traffic A. Scope VoIP-PSTN Traffic is the traffic exchanged in time division multiplexing ("TDM") format that originates and/or terminates in Internet protocol ("IP") format. This section governs the identification of VoIP-PSTN Traffic that is required to be compensated at interstate access rates (unless the parties have agreed otherwise) by the Federal Communications Commission in its Report and Order in WC Docket Nos. 10-90 et. al., FCC No. 11-161 (November 18, 2011) ("FCC Order"). Specifically, this section establishes the method of separating such traffic (referred to in this tariff as "VoIP-PSTN Access Traffic") from the Customer's traditional intrastate access traffic, so that such VoIP-PSTN Access Traffic can be billed in accordance with the FCC Order. Material previously located on this page has been moved to Page 28.4. (M)(N) | | | | | | | | | | | | | (M)(N) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 9, 2012 Boise, Idaho Issued: January 30, 2012 Effective: February 9, 2012 By: Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, NC 27513 Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 Original Page 28.1 IDAHO ACCESS SERVICES TARIFF SECTION 2- RULES AND REGULATIONS (Cont’d.) 2.3 Obligations of the Customer (Cont’d.) 2.3.4 Identification and Rating of VoIP-PSTN Access Traffic, (Cont'd.) B. Rating of VoIP-PSTN Access Traffic The VoIP-PSTN Access Traffic identified in accordance with this tariff section will be billed in accordance with the Company's applicable interstate switched access Tariff FCC No. 1, which can be viewed at https://apps.fcc.gov/etfs/public/result.action. C. Calculation and Application of Percent-VoIP-PSTN Usage Factor The Company will determine the number of VoIP-PSTN Access Traffic minutes of use ("MOU") to which interstate rates will be applied under subsection (B), above, by applying a Percent VoIP Usage ("PVU") factor to the total intrastate access MOU (however determined – either based on call detail information or PIU) exchanged between the Company and the Customer. The PVU will be derived and applied as follows: 1. The Customer will calculate and furnish to the Company a factor (the "PVU-A") representing the whole number percentage of the total access MOU that the Customer exchanges with the Company in the State, that (a) is sent to the Company and that originates in IP format; or (b) is received from the Company and terminates in IP format. This PVU-A shall be based on information such as the number of the Customer's retail VoIP subscriptions in the state (e.g., as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information. 2. Company will, likewise, calculate a factor (the "PVU-B") representing the percentage of the Company's total access MOU in the State that the Company originates or terminates in IP format. This PVU-B shall be based on information such as the number of the Company's retail VoIP subscriptions in the state (e.g., as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information. (N) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | (N) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 9, 2012 Boise, Idaho Issued: January 30, 2012 Effective: February 9, 2012 By: Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, NC 27513 Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 Original Page 28.2 IDAHO ACCESS SERVICES TARIFF SECTION 2- RULES AND REGULATIONS (Cont’d.) 2.3 Obligations of the Customer (Cont’d.) 2.3.4 Identification and Rating of VoIP-PSTN Access Traffic, (Cont'd.) C. Calculation and Application of Percent-VoIP-PSTN Usage Factor, (Cont'd.) 3. The Company will use the PVU-A and PVU-B factors to calculate an effective PVU factor that represents the percentage of total access MOU exchanged between the Company and the Customer that is originated or/or terminated in IP format, whether at the Company's end, at the Customer's end, or at both ends. The effective PVU factor will be calculated as the sum of: (A) the PVU-A factor and (B) the PVU-B factor times (1.0 minus the PVU-A factor). 4. The Company will apply the effective PVU factor to the total intrastate access MOU exchanged with the Customer to determine the number of VoIP-PSTN Access Traffic MOUs. Example 1: The PVU-A is 40% and the PVU-B is 10%. The effective PVU factor is equal to 40% + (10% x 60%) = 46%. The Company will bill 46% of the Customer's intrastate access MOU in accordance with the Company’s applicable interstate switched access tariff. Example 2: The PVU-A is 0% and the PVU-B is 10%. The effective PVU factor is 0% + (10% x 100%) = 10%. The Company will bill 10% of the Customer's intrastate access MOU in accordance with the Company's applicable interstate switched access tariff. Example 3: The PVU-B is 100%. No matter what the PVU-A factor is, the effective PVU is 100%. The Company will bill 100% of the Customer's intrastate access MOU in accordance with the Company's applicable interstate switched access tariff. 5. If the Customer does not furnish the Company with a PVU-A pursuant to the preceding paragraph 1, the Company will utilize an effective PVU equal to the PVU-B. 6. The Customer shall not modify their reported PIU factor to account for VoIP-PSTN Traffic. (N) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | (N) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 9, 2012 Boise, Idaho Issued: January 30, 2012 Effective: February 9, 2012 By: Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, NC 27513 Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 Original Page 28.3 IDAHO ACCESS SERVICES TARIFF SECTION 2- RULES AND REGULATIONS (Cont’d.) 2.3 Obligations of the Customer (Cont’d.) 2.3.4 Identification and Rating of VoIP-PSTN Traffic, (Cont'd.) D. Initial PVU Factor If the PVU factor is not available and/or cannot be implemented in the Company's billing systems by December 29, 2011, once the factor is available and can be implemented the Company will adjust the Customer's bills to reflect the PVU retroactively to December 29, 2011. In calculating the initial effective PVU, the Company will take the Customer-specified PVU-A into account retroactively to December 29, 2011, provided that the Customer provides the factor to the Company no later than April 15, 2012; otherwise, it will set the initial effective PVU equal to the PVU-B, as specified in subsection (C)(5), above. E. PVU Factor Updates The Customer may update the PVU-A factor or the Company may update the PVU-B quarterly using the method set forth in subsection C.1 or C.2, respectively, above. If the Customer chooses to submit such updates, it shall forward to the Company, no later than 15 days after the first day of January, April, July and/or October of each year, a revised PVU-A factor based on data for the prior three months, ending the last day of December, March, June and September, respectively. The Company will use the revised PVU-A to calculate a revised effective PVU. The revised effective PVU factor will apply prospectively and serve as the basis for billing until superseded by a new effective PVU. F. PVU Factor Verification Not more than twice in any year, the Company may ask the Customer to verify the PVU-A factor furnished to the Company and Customer may ask the Company to verify the PVU-B factor and the calculation of the effective PVU factor. The party so requested shall comply, and shall reasonably provide the records and other information used to determine the respective PVU-A and PVU- B factors. The Customer shall retain the call detail, work papers, and/or other information used to develop the PVU factor for a minimum of one year. No prorating or back billing will be done based on updated PVU factors. (N) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | (N) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 9, 2012 Boise, Idaho Issued: January 30, 2012 Effective: February 9, 2012 By: Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, NC 27513 Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 Original Page 28.4 IDAHO ACCESS SERVICES TARIFF SECTION 2- RULES AND REGULATIONS (Cont’d.) 2.4 Customer Equipment and Channels 2.4.1 General A Customer may transmit or receive information or signals via the facilities of the Company. Material located on this page was previously located on Page 28. (M) | | | | (M) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 9, 2012 Boise, Idaho Bandwidth.com CLEC, LLC Idao P.U.C. Tarff No. 3 Origial Page 29 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS, (Contd.) 2.4 Customer Equipment and Channels (Cont'd.) 2.4.2 Station Equipment A. The Customer is responsible for providig and maintaing any termal equipment on the Customer Premises. The electrc power consumed by such equipment shall be provided by, and maintained at the expense of, the Customer. All such termal equipment must be registered with the FCC under 47 C.F.R., Part 68, and all wirg must be installed and maintained in compliance with those regulations. The Company wil, where practicable, notify the Customer that temporar discontinuance of the use of a servce may be required; however, where prior notice is not practicable, nothig contained herein shall be deemed to impair the Company's right to discontinue forthwith the use of a servce temporarly if such action is reasonable under the circumstances. In case of such temporar discontinuace, the Customer wil be promptly notified and afforded the opportnity to correct the condition that gave rise to the Temporary discontinuance. Durg such period of temporar discontinuance, credit allowance for servce interptions as set forth in Section 2.6 following is not applicable. B. The Customer is responsible for ensurg that Customer-provided equipment connected to the Company equipment and facilities is compatible with such equipment and facilties. The magntude and character of the voltages and currents impressed on the Company-provided equipment and wiring by the connection, operation, or maintenance of such equipment and wirg shall be such as not to cause damage to the Company-provided equipment and wirg or injury to the Company's employees or other persons. Any additional protective equipment required to prevent such daage or injur shall be provided by the Company at the Customer's expense. Issued: August 16,2010 Effective: August 27, 2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Paray Car, North Carolina 27513 Idaho P~bfjc Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.U.C. Tarff No. 3 Original Page 30 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS, (Contd.) 2.4 Customer Equipment and Channels (Cont'd.) 2.4.3 Interconnection of Facilties A. Any special interface equipment necessar to achieve compatibilty between the facilties and equipment of the Company used for fuhig Access Servces and the Chanels, facilities, or equipment of others shall be provided at the Customer's expense. B. Access Services may be connected to the services or facilties of other communcations carers only when authorized by, and in accordace with, the terms and conditions of the tarffs of the other communications carers that are applicable to such connections. 2.4.4 Inspections A. Upon reasonable notification of the Customer, and at reasonable times, the Company may make such tests and inspections as may be necessar to determe that the Customer is complying with the requirements set forth in Section 2.4.2.B for the installation, operation, and wirg in the connection of Customer-provided facilties and equipment to the Company-owned facilties and equipment. No credit wil be allowed for any interrptions occurrg durg such inspections. B. If compatibility requirements for Customer-provided equipment are not being complied with, the Company may tae such action as it deems necessar to protect its facilties, equipment, and personneL. The Company wil notify the Customer promptly if there is any need for further corrective action. Withn ten days of receiving ths notice, the Customer must take this corrective action and notify the Company of the action taken. If the Customer fails to do this, the Company may take whatever additional action is deemed necessar, including the suspension of servce, to protect its facilities, equipment, and personnel from har. The Company wil, upon request 24 hours in advance, provide the Customer with a statement of techncal parameters that the Customer's equipment must meet. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Car, North Carolina 27513 Effective: August 27,2010 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idao P.U.C. Tarff No. 3 Original Page 31 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS, (Cont'd.) 2.5 Payment Arrangements 2.5.1 Payment for Servce The Customer is responsible for payment of all charges for services and facilties fushed by the Company to the Customer or its Joint or Authoried Users. A. The Customer is responsible for the payment of any sales, use, gross receipts, excise, access or other local, state and federal taxes, charges or surcharges (however designated) excluding taxes on the Company's net income imposed on or based upon the provision, sale or use of Access Servces. All such taes shall be separately designated on the Company's invoices. Any taxes, fees or surcharges imposed by a local jursdiction (e.g. county and municipal taxes) wil be recovered only from those. Customers located in the affected jursdictions. If an entity other than the Company (e.g. another carer or a supplier) imposes charges on the Company, in addition to its own internal costs, in connection with a servce for which the Company's Non-Recurg Charge is specified, those charges wil be passed on to the Customer. It shall be the responsibilty of the Customer to pay any such taxes that subsequently become applicable retroactively. B. A surcharge is imposed on all charges for servce(s) provided at addresses in any governental, muncipal or special taxing jursdiction which levies, or asserts a claim of right to levy, a gross receipts tax on the Company's operations or a ta on interstate access charges incured by the Company for originating access to telephone exchanges in that governental, muncipal or special taxig jursdiction(s). This surcharge is based on the paricular jursdiction's receipts tax and other taxes imposed directly or indirectly upon the Company by virue of, and measured by, the gross receipts or revenues of the Company and/or payment of interstate access charges. The surchage wil be shown as a separate lie item on the Customer's monthly invoice. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Car, North Carolina 27513 Effective: August 27,2010 Idaho Public Utilities Commission Offce of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise. Idaho Bandwidth.com CLEC, LLC Idaho P.U.C. Tarff No. 3 Original Page 32 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Contd.) 2.5 Payment Arrangements (Cont'd.) 2.5.2 Bilng and Collection of Charges A. The Company shall bil on a curent basis all charges incured by, and credits due to, the Customer under thi tarff attributable to services established, provided, or discontinued durng the preceding biling period. Non-Recurng Charges are due and payable withi 20 days after the invoice date. Amounts not paid by the due date wil be considered past due. The Company wil assess a late payment charge equal to 1.5% per month for any past due balance. If the Company becomes concerned at any time about the abilty of a Customer to pay its bils, the Company may require that the Customer pay its bils withi a specified number of days and make such payments in cash or the equivalent of cash. If a servce is disconnected by the Company in accordance with Section 2.5.3 following and later restored, restoration of servce wil be subject to all applicable installation charges. The Customer shall notify the Company of any disputed items on an invoice withi 90 days of the date of the invoice. If the Customer and the Company are unable to resolve the dispute to their mutual satisfaction, the Customer may fie a complaint with the Commssion in accordance with the Commission's rules and procedures. B. Contact Information Customer Servce - 800-808-5150 Commssion Contact - Lisa Jil Freeman Phone - 919-439-3571 lj freeman(gbandwidth.com Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Car, North Carolina 27513 Effective: August 27, 2010 Idaho Public Utilities Commission Offce of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise. Idaho Bandwidth.com CLEC, LLC Idao P.U.C. Tarff No. 3 Origial Page 33 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Contd.) 2.5 Payment Arrangements (Cont'd.) 2.5.3 Deposits A. Before the servce or facility is fushed to a Customer whose credit has not been established under the Company policies, the Company may require a Customer to make a deposit to be held as a guarantee for the payment of charges. A deposit does not relieve the Customer of the responsibilty for the prompt payment of bils on presentation. The deposit wil not exceed an amount equal to: 1. an amount in excess of one-fourh of the estimated charge for the servce for the ensuig twelve (12) months; or 2. one half (Yi) of the estimated charge for the mium payment for a servce or facility which has a mium payment period of more than one (1) month; except that the deposit may include an additional amount in the event that a termation charge is applicable. In addition, the Company shall be entitled to require such an applicant or Customer to pay all its bils withi a specified period of time, and to make such payments in cash or the equivalent of cash. At the Company's option, such deposit may be refuded to the Customer's account at any time. Also, the Company reserves the right to cease accepting and processing Service Orders after it has requested a securty deposit and prior to the Customer's compliance with this request. B. A deposit may be required in addition to an advance payment. C. The Company shall pay interest on a deposit at a rate not to exceed six (6) percent. Interest on a deposit shall accrue at the rate prescribed by the Commssion and, if requested, shall be credited anually to the customer by deducting an amount equal to such interest due from the amount of the customer's bil for servce following the accrual date. D. The charges set forth in this Tarff for facilty terminations contemplate installations made durg regular business hours in normal locations and under normal working conditions. Any installations to be made under other circumstances are subject to additional charges. E. When a servce or facility is discontinued, the amount of a deposit, if any, wil be applied to the Customer's account and any credit balance remaing wil be refuded. Before the service or facilty is discontinued, the Company may, at its option retur the deposit or credit the Customer's account. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Effective: August 27, 2010 Idaho Public Utilities Commission Offce of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idao P.U.C. Tarff No. 3 Origial Page 34 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Contd.) 2.5.4 Refusal and Discontinuance of Servce A. Upon nonpayment of any amounts owing to the Company, the Company may, after givig written notice to the Customer, discontinue or suspend servce without incurg any liabilty. B. Upon violation of any of the other material terms or conditions for fushig service the Company may, by givig prior notice in wrting to the Customer, discontinue or suspend serce without incurrg any liability if such violation continues durg that period. C. Upon condemnation of any material portion of the facilities used by the Company to provide serce to a Customer or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair, the Company, by notice to the Customer, may discontinue or suspend servce without incurg any liability. D. Upon any governental prohibition, or required alteration of the servces to be provided or any violation of an applicable law or regulation, the Company may imediately discontinue servce without incurg any Liabilty. E. Upon the Company's discontinuace of servce to the Customer under Section 2.5.4.A or 2.5.4.B above, the Company, in addition to all other remedies that may be available to the Company at law or in equity or under any other provision of this tarff, may declare all futue monthly and other charges which would have been payable by the Customer durg the remainder of the term for which such services would have otherwise been provided to the Customer to be immediately due and payable. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Effective: August 27, 2010 Idaho Public Utilties Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.U.C. Tarff No. 3 Origial Page 35 IDAHO ACCESS SERVICES T ARF SECTION 2- RULES AN REGULATIONS (Contd.) 2.5 Payment Arrangements (Cont'd.) 2.5.4 Refusal and Discontinuance of Servce (Cont'd.) F. The Company may discontinue the fushing of any and/or all servce(s) to Customer, without incurrng any liabilty: 1. Imediately and without notice if the Company deems that such action is necessar to prevent or to protect againt fraud or to otherwise protect its personnel, agents, facilities or servces. The Company may discontinue servce pursuant to ths sub-section if(a) the. Customer refuses to furnsh information to the Company regardig the Customer's credit-worthiness, its past or curent use of Common Carer communcations services or its planned use of service(s); or(b) the Customer provides false information to the Company regardig the Customer's identity, address, creditworthiess, past or curent use of Common Carrer communications servces, or its planed use of the Company's service(s); or(c) the Customer states that it wil not comply with a request of the Company for securty for the payment for servce(s) in accordance with 2.5.3 above; or(d) the Customer has been given written notice by the Company of any past due amount (which remains unpaid in whole or in par) for any of the Company's other Common Carer communcations services to which the Customer either subscribes or had subscribed or used; or Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Car, North Carolina 27513 Effective: August 27,2010 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.C. Tariff No. 3 First Revised Page 36 Cancels Original Page 36 IDAHO ACCESS SERVICES TARIFF SECTION 2- RULES AND REGULATIONS (Cont'd. Payment Arrangements (Cont'd. 5.4 Refusal and Discontinuance of Service (Cont' (Cont' d. (Cont' d. (f) The Customer uses service to transmit a message, locate a person or otherwise give or obtain information without payment for servIce; or The Customer uses, or attempts or use, service with the intent to avoid the payment, either in whole or in part, of the tariff charges for the service by: (e) Using or attempting to use service by rearranging, tampering with or making connections to the Company s service not authorized by this tariff, or II.U sing tricks, schemes, false or invalid numbers, false credit devices, electronic devices; or III.delivering calls to or accepting calls from the Company s End User or other users of the Company servIces; or (T) (T) IV.continuing to have the Company End Users or other users of the Company s services presubscribed to the Customer; or (T) (T) any other Fraudulent means or devices; or Upon failure to receive payment within five (5) days of the payment due date; or Five (5) days after sending the Customer written notice of noncompliance with any provision of this tariff if the noncompliance is not corrected within that five (5)-day period. The discontinuance of service(s) by the Company pursuant to this Section does not relieve the Customer of any obligation to pay the Company for charges due and owing for service(s) furnished up to the time of discontinuance. Issued: September 9 2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Effective: September 20, 2010 Idaho Public Utilities Commission Office of the Semtary ACCEPTED FOR FlUNG SEP 2 0 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 Original Page 37 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Contd.) 2.5 Payment Arrangements (Cont'd.) 2.5.4 Refusal and Discontinuance of Servce (cont'd.) G. In the event the Company incurs fees or expenses, includig attorney's fees, in collecting, or attempting to collect, any charges owed the Company; the Customer wil be liable to the Company for the payment of all such fees and expenses reasonably incured. 2.5.5 Cancellation of Application for Servce Where, prior to cancellation by the Customer, the Company incur any expenses in installing the service or in preparg to install the servce that it otherise would not have incured, a chage equal to the costs the Company incured, less net salvage, shall apply, but in no case shall this charge exceed the sum of the charge for the minimum period of servces ordered, includig installation charges, and all charges others levy against the company that would have been chargeable to the Customer had service begu. The special charges described wil be calculated and applied on a case-by-case basis. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Car, North Carolina 27513 Effective: August 27,2010 Idaho Public Utilities Commission Offce of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idao P.U.C. Tarff No. 3 Original Page 38 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Contd.) 2.6 Allowances for Interrptions in Servce Interrptions in servce that are not due to the negligence of or noncompliance with the provisions of this Tarff by the Customer or the operation or malfuction of the facilities, power, or equipment provided by the Customer, wil be credited to the Customer as set forth in Section 2.6.1 for the par of the servce that the interrption affects. 2.6.1 Credit for Interruptions A. A credit alwance wil be made at the request of the customer when an interrption occurs of a failure of any component fushed by the Company under this Tarff. An interrption period begins when the Customer reports a servce, facilty or circuit, to be interrpted and releases it for testing and repair. An interrption perod ends when the service, facilty, or circuit is operative. If the Customer reports a servce, facility or circuit to be inoperative but declines to release it for testing and repair, it is considered to be impaired, but not interrpted. B. For calculating credit allowances, every month is considered to have thrty (30) days. A credit allowance is applied on a pro-rata basis agaist the rates specified hereunder and is dependent upon the length of the interrption. Only those facilities on the interrpted portion of the circuit wil receive a credit. No credit wil be allowed for an interrption of a Dedicated Access facility for less tha twenty four (24) hours. After the first twenty four (24) hour period, a credit equal to 1/30 of the Dedicated Access facility charges wil be applied to each interrption which is in excess of twelve (12) hours and up to twenty four (24) hours. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Offcer 4001 Weston Parkway Car, North Carolia 27513 Effective: August 27,2010 Idaho Public Utilties Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise. Idaho Bandwidth.com CLEC, LLC Idaho P.U.C. Tarff No. 3 Original Page 39 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Contd.) 2.6 Alowances for Interrptions in Servce, (Cont'd.) 2.6.2 Limitations on Alowances No credit allowance wil be made for: A. interrptions due to the negligence of, or noncompliance with the provisions of this tarff by, the Customer, Authorized User, Joint-User, or other Common Carer providing servce connected to the servce of the Company; B. interrptions due to the negligence of any person other than the Company, including, but not limited to, the Customer or other Common Carers connected to the Company's facilities; C. interrptions due to the failure or malfuction of non-Company equipment; D. interrptions of servce durng any period in which the Company is not given full and free access to its facilities and equipment for the purose of investigating and correcting interrptions; E. interrptions of servce durg a period in which the Customer continues to use the servce on an impaired basis; F. interrptions of servce durg any period when the Customer has released service to the Company for maintenance puroses or for implementation of a Customer order for a change in servce arangements; G. interrption of service due to circumstances or causes beyond the control of the Company. 2.6.3 Use of Alternative Service Provided Durng Interrption of Servce Should the Customer elect to use an alterntive servce provided by the Company, or another Provider, durg the period that a servce is interrpted, the Customer must pay the tarffed rates and charges for the alternative servce used. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Car, North Carolina 27513 Effective: August 27, 2010 Idaho Public Utilities Commission Offce of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idao P.U.C. Tarff No. 3 Original Page 40 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Cont'd.) 2.7 Cancellation of Servce If a Customer cancels servces before the completion of the term for any reason whatsoever without notice and without the Company's concurence or consent, the Customer agrees to pay to the Company the following sums which shall become due and owing as of the effective date of the cancellation or termation and shall be payable with the period set forth herein: all costs, fees, and expenses reasonably incured in connection with 1) all Non-Recurrng Charges reasonably expended by the Company to establish servce to Customer; plus 2) any disconnection, early cancellation or termation charges reasonably incured and paid to thid parties by the Company on behalf of Customer, plus 3) all Recurg Charges specified in the applicable Tarff for the balance of the then current term. 2.8 Transfers and Assignments Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the services and facilities provided by the Company without the written consent of the other party, except that the Company may assign its rights and duties (a) to any subsidiar, parent company or affiliate of the Company (b) pursuat to any sale or trnsfer of substantially all the assets ofthe Company; or pursuant to any financing, merger or reorganization of the Company. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Effective: i\ugust 27, 2010 Idaho Public Utilties Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.U.C. Tarff No. 3 Original Page 41 IDAHO ACCESS SERVICES TARF SECTION 2- RULES AN REGULATIONS (Contd.) 2.9 Notices and Communications 2.9.1 Delivery of calls to or acceptace of calls from the Company's End User locations over the Company-switched local exchange servces constitutes an order by the Customer to purchase switched access servces as described herein. Simlarly the selection by the Company's End User of the Customer as the presubscribed IXC constitutes an order of switched access by the Customer. In these cases, an invoice wil be the first communcation from the Company to the Customer. In other instaces a Servce Order maybe used. 2.9.2 The Customer shall designate on the Servce Order an address to which the Company shall mail or deliver all notices and other communcations, except that the Customer may also designate a separte address to which the Company's bils for servce shall be mailed. 2.9.3 The Company shall designate on the Servce Order an address to which the Customer shall mail or deliver all notices and other communications, except that the Company may designate a separate address, on each bill for servce, to which the Customer shall mail payment on that bil 2.9.4 All notices or other communications required to be given pursuant to this tarff shall be in writing. Notices and other communcations of either pary, and all bils mailed by the Company, shall be presumed to have been delivered to the other pary on the thid business day following deposit ofthe notice, communication, or bil with the U.S. Mail or a private delivery servce, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first. 2.9.5 The Company or the Customer shall advise the other par of any changes to the addresses designated for notices, other communcations or biling, by following the procedures for givig notice set fort herein. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Effective: AUIDst 27, 2010 Idaho Public lIilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise. Idaho Bandwidth.com CLEC, LLC Idaho P.U.C. Tarff No. 3 Original Page 42 IDAHO ACCESS SERVICES TARF SECTION 3- ORDERIG OPTIONS FOR ACCESS SERVICE 3.1 General This section sets forth the regulations and order related charges for Access Servce Requests (ASR) for Switched Access Service, as defined in this tarff. These charges are in addition to other applicable charges set forth in other sections of ths taff. 3.1.1 Ordering Conditions Customer may order switched access though a Constrctive Order, as defined herein, or through an ASR. The format and terms of the ASR wil be as specified in the Industr Access Servce Order Guidelines, uness otherwise specified herein. 3.1.2 Minimum Period of Servce Theminimum period for which Access Servce is provided and for which charges are applicable is one month. A. The following changes wil be treated as a discontinuance of the existing servce and a request for intallation of a new service. All associated Non-Recurg Charges wil apply for the new service, and a new mium period will be established: 1. a change in the identity of the Customer of record; or 2. a move by the Customer to a different buildig. B. When Access Servce is disconnected prior to the expirtion of the minum period, charges are applicable for the balance of the mimum period. The Minum Period Charge for monthly biled services wil be determed as follows: For Switched Access Service, the charge for a month or fraction thereof is equivalent to 50,000 biled miutes of use for the applicable servce. All applicable Non-Recurg Charges for the servce wil be biled in addition to the Minum Period Charge. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Offcer 4001 Weston Parkway Car, North Carolina 27513 Effective: August 27, 2010 Idaho Public Utilities Commission Offce of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.c. Tariff No. 3 First Revised Page 43 Cancels Original Page 43 IDAHO ACCESS SERVICES TARIFF SECTION 3- ORDERING OPTIONS FOR ACCESS SERVICE (Cont'd. Ordering, Rating and Billing of Access Services Where More Than One Exchange Telephone Company is Involved 2.1 The billing method set forth herein is applicable to interconnection arrangements between Exchange Telephone Companies involved in the provision of all Access Services. In accordance with the Federal Communications Commission s Memorandum Opinion and Order in CC Docket No. 86-106, adopted July 20, 1987, the Company will adhere to the standards set forth in the Multiple Exchange Carrier Access Billing (MECAB) and the Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines when providing access service under Multiple Telephone Company (Interconnection Point) Billing arrangements. The Exchange Telephone Companies involved in providing the Access Service will develop a mutually agreeable working arrangement to allow one of the Exchange Telephone Companies to perform "Access Service Coordination" (ASe) for all services requested. Material previously found on this page is now located on Page 49. (N) (M) (N) (M) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG SEP20201O Boise, Idaho Issued: September 9 2010 Effective: September 20, 2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Bandwidth.com CLEC, LLC Idaho P.C. Tariff No. 3 Original Page 43. IDAHO ACCESS SERVICES TARIFF SECTION 3 - ORDERING OPTIONS FOR ACCESS SERVICE. (CONT' Ordering, Rating and Billing of Access Services Where More Than One Exchange Telephone Company is Involved, (Cont' 3.2.When an Access Service ordered by a Customer involves more than one Exchange Telephone Company, the Exchange Telephone Companies involved will use a Multiple Bill Method. Under the Multiple Bill Method each Exchange Telephone Company involved will provide the portion of the service in its operating territory and bill the Customer in accordance with its Access Service tariff. When Switched Access Service is ordered by a Customer where one end of the Transport element is in the Company operating territory and the other end is in another Exchange Telephone Company operating territory, the orders shall be received as follows: For Switched Access Service ordered to an end office, the Exchange Telephone Company in whose operating territory the end office is located must receive the Service Order from the Customer. For Switched Access Service ordered to an access tandem, the Exchange Telephone Company in whose operating territory the access tandem is located must receive the Service Order from the Customer. A Service Order delivered to the Exchange Telephone Company operating an access tandem that is subtended by this Company s switch will constitute a Service Order for Switched Access Service under this tariff. For the Service ordered set forth in I. and 2. preceding, the Exchange Telephone Company in whose operating territory the customer point of termination is located must also receive a copy of the order from the customer. Each Exchange Telephone Company will provide the portion of the Transport element in its operating territory to an interconnection point with another Exchange Telephone Company and will bill the charges in accordance with its Access Service tariff. All appropriate charges in each Exchange Telephone Company tariff are applicable. The interconnection points will be determined by the Exchange Telephone Companies involved. Issued: September 9 2010 Effective: September 20, 2010 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOH FiliNG SEP 202010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Boise, Idaho (N) (N) Issued: January 30, 2012 Effective: February 9, 2012 By: Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, NC 27513 Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 Second Revised Page 44 Cancels First Revised Page 44 IDAHO ACCESS SERVICES TARIFF SECTION 4- SWITCHED ACCESS SERVICE 4.1 General Switched Access Service involves the use of common terminating, switching and transport facilities. Switched Access Service provides the ability to originate or terminate calls between an End User’s Premises or Conference Bridge, Customer’s Premises or other user of the Company’s services and a Customer’s Premises. Rates and charges are set forth in Section 5. The application of rates for Switched Access Service is described in Section 5. 4.1.1 The Company will assess and collect switched access rate elements under this tariff for access services, regardless of whether the Company itself delivers such traffic to the called party’s premises or delivers the call to the called party’s premises via contractual or other arrangements with an affiliated or unaffiliated provider of VoIP services that does not itself seek to collect switched access charges for the same traffic. The Company will not charge for functions not performed by the Company, its affiliated or unaffiliated provider of VoIP services. For purposes of this provision, functions provided by the Company as part of transmitting telecommunications between designated points using, in whole or in part, technology other than TDM transmission in a manner that is comparable to a service offered by a local exchange carrier constitutes the functional equivalent of carrier access service. 4.2 Provision and Description of Switched Access Service Arrangements 4.2.1 Feature Group Access FG Access provides trunk-side access to Local Switching Center switches, for the Customer's use in originating and terminating communications. Basic FG Access service will be provided with Multi-Frequency In-Band Signaling (SS7 is also available, where capabilities exist). All traffic is routed to and from the Company's local switching center via the Customer's tandem provider or via end office trunking, where available. 4.2.2 Manner of Provision Trunks used for Switched Access Service may be configured for one-way (either originating only or terminating only) or for two-way directionality. (N) | | | | | | | | | (N) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING February 9, 2012 Boise, Idaho Effective: September 20, 20 I 0 Idaho Public Utiiities Commission Office of the Secretary ACCEPTED FOR FILING SEP 2 0 2010 Bandwidth.com CLEC, LLC Idaho P.C. Tariff No. 3 First Revised Page 45 Cancels Original Page 45 IDAHO ACCESS SERVICES TARIFF SECTION 4- SWITCHED ACCESS SERVICE (Cont'd. Provision and Description of Switched Access Service Arrangements (Cont' d. 4.2.Call Types The following Switched Access Service call types are available: Originating FG Access Originating 800 FG Access Terminating FG Access 2.4 Originating FG Access The access code for FG Access switching is a uniform access code of the form I + 011+ or 101XXXX. For 1OIXXXX dialing a single access code will be the assigned number of all FG Access provided to the Customer by the Company. When the access code is used, FG Access switching also provides for dialing the digit 0 for access to the Customer s operator service, 911 for access to emergency service, and/or the end-of- dialing digit (#) for cut-through access to the Customer s premises. The Company will provide originating FG access consistent with dialing parity obligations. Originating 800 FG Access 800 Data Base Access Service is a service utilizing originating Trunk side Switched Access Service. When an 8YY + NXX + XXXX call is originated by an End User or other users of the Company s services, the Company will perform Customer identification based on screening of the full ten-digits of the 8YY number to determine the Customer location to which the call is to be routed. This Tariff applies only to intrastate 8YY calls originated by End Users and other users of the Company s services served by the Company in Idaho. Terminating FG Access FG Access, when used in the terminating direction, may be used to access end users who are subscribing to the Company s intrastate Services or other users of the Company services. Calls in the terminating direction will not be completed to 950-0XXX or 950- lXXX access codes, local operator assistance (0- and 0+), Directory Assistance, (411 or 555-1212) service codes 611 and 911 and 101XXXX access codes. Issued: September 9, 2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Boise, Idaho (T) (T) (T) (T) (T) Issued: July 28, 2014 Effective: August 7, 2014 Issued By: Lisa Jill Freeman, Vice President & Regulatory Compliance Officer 900 Main Campus Drive, Suite 500 Raleigh, NC 27606 Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 Second Revised Page 46 Cancels First Revised Page 46 IDAHO ACCESS SERVICES TARIFF SECTION 5- SWITCHED ACCESS RATES 5.1 General This section contains the specific regulations governing the rates and charges that apply for Switched Access Services: The Company offers Tandem Switching Access Service, Local Switching Access Service – Direct Connection, and Local Switching Access Service – Indirect Connection. There are three types of rates and charges that apply to Switched Access Service: − Non-Recurring Charges: One-time charges that apply for a specific work activity. − Recurring Charges: Fixed charges apply each month and depend on the number and type of facilities in place. − Usage Charges: Charges that are applied on a per access minute basis. Usage rates are accumulated over a monthly period. 5.2 Rate Categories 5.2.1 Tandem Switching Access Service (Originating and Terminating) Tandem Switching is an access service providing transmission and tandem switching between the Customer designated premises and the Company switch(es) where the Customer’s traffic is switched from or to an entity other than an End User for purposes of originating or terminating the Customer’s communications. The Tandem Switching Access Service composite rate is comprised of the following rate elements: tandem switching charges, tandem termination charges, common multiplexing and tandem facility mileage charges. 5.2.2 Local Switching Access Service - Direct Connection (Originating and Terminating) Local Switching Access Service - Direct Connection is an access service providing the Customer connections to and use of end office switching equipment for the origination or termination of the Customer’s communications to the Company’s End Users. The Local Switching Access Service - Direct Connection rate consists of end office switching charges and may also include a DS3 trunk port charge. With Direct Connection, Customer is responsible for ordering or providing the DS3 facility to the Company’s point of presence in the access tandem serving area. The DS3 trunk port charge applies on an Individual Case Basis when the Customer is not collocated with the Company’s switch. The rate will not exceed that of the competing ILEC rate for the same function. (C) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 7, 2014 Boise, Idaho Issued: July 28, 2014 Effective: August 7, 2014 Issued By: Lisa Jill Freeman, Vice President & Regulatory Compliance Officer 900 Main Campus Drive, Suite 500 Raleigh, NC 27606 Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 Second Revised Page 47 Cancels First Revised Page 47 IDAHO ACCESS SERVICES TARIFF SECTION 5- SWITCHED ACCESS RATES (Cont’d.) 5.2 Rate Categories (Cont’d.) 5.2.3 Local Switching Access Service - Indirect Connection (Originating and Terminating) Local Switching Access Service - Indirect Connection is an access service providing the Customer use of and office switching equipment for the origination or termination of the Customer’s communications to the Company’s End Users as well as transport to or from the Customer’s tandem provider. The Local Switching Access Service - Indirect Connection composite rate is comprised of the following rate elements: end office switching charges, common trunk port, tandem termination charges, common multiplexing and tandem facility mileage charges. 5.2.4 Toll-Free 8YY Data Base Query The Toll-Free 8YY Data Base Query Charge, will apply for each Toll-Free 8YY call query received at the Company’s (or its provider’s) Toll-Free 8YY database. 5.2.5 Toll-Free 8YY Switched Access Service The Toll-Free 8YY Switched Access Service is an originating access service in which the Company delivers Toll Free calls to Customers. Rate elements apply as set forth in Section 5.4.5. 5.2.6 Optional Features Other optional features may be available on an Individual Case Basis (ICB). (C) (C) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING August 7, 2014 Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.C. Tariff No. 3 First Revised Page 48 Cancels Original Page 48 IDAHO ACCESS SERVICES TARIFF SECTION 5- SWITCHED ACCESS RATES (Cont'd. 5.3 Billing of Access Minutes When recording originating calls over FG Access with multi-frequency address signaling, usage measurement begins when the first wink supervisory signal is forwarded from the Customer facilities. The measurement of originating call usage over FG Access ends when the originating FG Access entry switch receives disconnect supervision from either the originating End User s or other user s Local Switching Center - (indicating that the originating End User or other user has disconnected), or the Customer s facilities, whichever is recognized first by the entry switch. (T) (T) For terminating calls over FG Access with multi-frequency address signaling, the measurement of access minutes begins when a seizure signal is received from the Carrier s trunk group at the Point of Presence within the LATA. The measurement of terminating call usage over FG Access ends when a disconnect signal is received, indicating that either the originating or terminating user has disconnected. When recording originating calls over FG Access with SS7 signaling, usage measurement begins with the transmission of the initial address message by the switch for direct trunk groups and with the receipt of an exit message by the switch for tandem trunk groups. The measurement of originating FG Access usage ends when the entry switch receives or sends a release message whichever occurs first. For terminating calls over FG Access with SS7 signaling, the measurement of access minutes begins when the terminating recording switch receives the initial address message from the terminating End User or other user. On directly routed trunk groups or on tandem routed trunk groups, the Company switch receives the initial address message and sends he indication to the Customer in the form of an answer message. The measurement of terminating FG Access call usage ends when the entry switch receives or sends a release message, whichever occurs first. (T) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOri FILING SEP 2 0 2010 Boise, Idaho Issued: September 9 2010 Effective: September 20, 2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Issued: June 18, 2021 Effective: July 1, 2021 Issued By: Lisa Jill Freeman, Vice President & Regulatory Compliance Officer 900 Main Campus Drive, Suite 100 Raleigh, NC 27606 Bandwidth.com CLEC, LLC Idaho P.U.C. Tariff No. 3 Third Revised Page 49 Cancels Second Revised Page 49 IDAHO ACCESS SERVICES TARIFF SECTION 5-SWITCHED ACCESS RATES, (Cont’d.) 5.4 Rates and Charges 5.4.1 Tandem Switching Access Service Originating Non-8YY $0.0025220 per minute of use 8YY # * Terminating * 5.4.2 Local Switching Access Service – Direct Connection (Originating and Terminating) A. End Office Switching Originating Non-8YY $0.0019740 per minute of use 8YY # * Terminating * B. DS3 Trunk Port: ICB 5.4.3 Local Switching Access Service – Indirect Connection Originating Non-8YY $0.0022440 per minute of use 8YY # * Terminating * 5.4.4 Toll-Free 8YY Data Base Query Effective: 7/1/2021-6/30/2022 7/1/2022-6/30/2023 7/1/2023 Per Query Qwest $0.003500 (R) $0.001850 (R) $0.00020 (R) Frontier (NKA Northwest Fiber) $0.004248 $0.002224 $0.00020 5.4.5 Toll Free 8YY Switched Access Service Originating from the Company’s End Users: Local Switching Access Service – Direct Connection or – Indirect Connection rates will apply, as appropriate. Originating from parties that are not the Company’s End Users: Tandem Switching Service rate will apply. 5.4.6 Switched Access Optional Features All Optional Features are offered on an Individual Case Basis (ICB) * Switched Access Services will be assessed applicable switched access usage charges at the rates set forth in the Company's Federal Access Tariff, FCC No. 1 posted at: https://apps.fcc.gov/etfs/public/lecTariffs.action?idLec=365 # Rates effective July 31, 2021. (C) | (C) (T) (D) (D) (C) | (C) (T) (C) | (C) (T) (D) (D) (C) | | (C) (D) (N) Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING July 1, 2021 Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.C. Tariff No. 3 Original Page 49. IDAHO ACCESS SERVICES TARIFF SECTION 5-SWITCHED ACCESS RATES, (Cont' 5.4 Rates and Charges 5.4.Miscellaneous Charges Customer Requested Due Date Change 1 2 Customer Requested Expedite Cancellation (after 3 business days from order placementi Design Change, DSO/DS 1 Design Change, DS3 and higher Administrative Processing Paper/Electronic Media Fee Returned Check Charge $50, per order $250, per location, per order Full NRCs + $250, per order $150, per circuit $300, per circuit $25, per order $15.00 per bill cycle $35. Certain material now found on this page was previously located on Pages 35 and 49. I Company Due Date Change Policy - No due date change accepted at or after four (4) days prior to the current due date. If a Customer request is received during that time period, the supplemental charge will apply and, in addition, the billing will start on the current due date without exception. 2 For services involving facilities leased from other telecommunications providers, Supplementary Charges will be priced on an Individual Case Basis, and will be based upon a pass-through of all charges assessed by other providers, plus the Company administrative costs. Issued: September 9, 2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 (M) (M) (M) (M) Effective: Sept~ber 20 2010lCIano I"ublic Utilities Commission Office of the Secretary ACCEPTED FOR FiUNG SEP 2 0 2010 Boise, Idaho Bandwidth.com CLEC, LLC (t , IDAHO ACCESS SERVICES TARF Idao P.U.C. Tarff No. 3 Origial Page 50 SECTION 6 - CONTRCTS AN INIVUAL CASE BASIS ARGEMENTS 6.1 Contracts The Company may provide any of the servces offered under this tarff, or combinations of services, to Customers on a contrctual basis. The terms and conditions of each contract offerig are subject to the agreement of both the Customer and the Company. Such contract offerigs wil be made available to similarly situted Customers in substantially simlar circumstances. Rates in other sections of this tarff do not apply to Customers who agree to contract argements, with respect to services within the scope of the contract. Servces provided under contract are not 6.2 Indiviual Case Basis Arangements Arangements wil be developed on an individual case basis (ICB) in response to a bona fide special request from a Customer or prospective Customer to develop a competitive bid for a service. ICB rates wil be offered to the Customer in writing and on a nondiscriinatory basis. Issued: August 16,2010 Issued By:Jonathan S. Mitchell, Chief Executive Offcer 4001 Weston Parkway Car, North Carolina 27513 Effective: August 27, 2010 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 2 7 2010 Boise, Idaho Bandwidth.com CLEC, LLC Idaho P.c. Tariff No. 3 Original Page 51 IDAHO ACCESS SERVICES TARIFF SECTION 7 - CALL FLOW DIAGRAMS Tandem Switching Access Smite (Oliginating and Terminating) Section S.(Sections S.4 and SoloS applr to Originating SY\' Calls) Tanll8m SWltchlllg Acc&88 S8IVlca IXC SWitch lid ~~0 -Call PoIf118 - TIiUI5pCII... .cuel)' PatI'.. Ori";n"'in,, Call Flow: A. CLEC's Non-End User Customer detvers long distance call to ClEC switch B. If SYV call. CLEO Switch looks up IXC that shoold receive the call c. Call is routed to IXC switoo from ClEC switch Originating Charges. . CLEC charges !XC (1) Tandem Switching Access Service. which is comprised of a) tandem switching, b) tandem termination, and 0) tandem facility mileage aYV Query Charge, as applicable . Additional charges may apply depending upon whether the (XC connects direc~y to the CLEC or if call must be routed through the ILEC Access Tandem to !XC Terminating Call Row: C. !XC delivers terminating long distance call to CLEC switch A. Call is routed to CLEC's Non-End User C4Jstomer Terminatinn Charges. . CLEC charges !XC for (1) Tandem Switching Access Service. which is comprised of a) tandem switching. b) tandem termination. and c) tandem facility mileage. . Additional charges may apply depending upon whether the IXC connects directly to CLEC or if call must be routed through an ILEC Access Tandem 10 ClEC connllontJaJ Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG SEP 2 0 2010 Boise, Idaho Issued: September 9 2010 Effective: September 20 2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 (N) (N) Bandwidth.com CLEC, LLC Idaho P.C. Tariff No. 3 Original Page 52 IDAHO ACCESS SERVICES TARIFF Idaho Public Utilities Commission Office 0'( the Secretary ACCEPTED FOR FlUNG SEP 2 0 2010 (N) (N) SECTION 7 - CALL FLOW DIAGRAMS, (CONT'D. Local Switrhing Arms Service - Dirert Connection (Orie.;nating and T el'minating) Section 5.1 (Sections 5.2.4 and S.5 apply to Originating SIT Calls) 0) local S1IItI:ImIg Acceu SIIIYIce- Direct Connection " " L encI ~~0 .CaII Pallw Trin&IXIrt - .ausyPatb8 Oriainatina Call Flow: A. CLEC's End User places a long distance can !hat is routed to CLEC switch 8. If SYV call, CLEC Switch looks up (XC !hat should receive the caD C, Call is routed to )XC over dedicated transport Oriainatina Charaes: . CLEC charges IXC (1) Local Sw~l:hing Access Service. which is oomprised of a) end office sw~ching, and b) dedicated lrunk port charge. where applicable; and (2) SVY Query Ctlarge. as applicable . Customer is responsible for providing or ordering 003 facility to CLEC's pam! of presence in the aooess tandem serving i!l!!a Terminatina Call Flow: C. IXC delivers terminating long distance l:1li1 to CLEO over dedil:ated transport A. Call is routed to CLEC's End User Terminatina Charges: . CLEC charges IXC (1) Local Switching Access Service. which is oomprised of a) end ofOOe switching. and b) dedicated lrunk port charge. where applil:able . Customer is responsible for providing or ordering DS3 facility to CLEC's point of presence in thE aooess tandem serving area Conllllintial Boise, Idaho Issued: September 9 2010 Effective: September 20 2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 Bandwidth.com CLEC, LLC Idaho P.C. Tariff No. 3 Original Page 53 IDAHO ACCESS SERVICES TARIFF SECTION 7 - CALL FLOW DIAGRAMS, (CONT'D. Local Switching Access Sen;ce - Indirect Connection (OIiginating and Tel'minating) Section SlJ (Sections 5.2.4 and 5.2.5 apply to Originating 8\'Y Calls) (2)ocaI SWlll:hlng Acal88 hfYlce -Indirect COOIIICIIon ~ :,.j ' (A\ y~~ ~i , .,'!. ~jf..;;/ B , . Bandwid1h.cornCLEG Switch , ... .., ......" i ' Originating Call Row:aYV DatabaseA. GLEC's End User places a long distance call thai is routed to CLEG switch B. If SYV call. CLEC Switch looks up IXC that shauld receive the call C. Call is roul2d to ILEC Access Tandem over shared transport D. ILEG routes cal1lo IXC ILECAccess Tandem LegeM~~0 _caOPalll8 SIIaIaI(laII.po,e.tJII!f)'Paii. Originating Chara~: . CLEC charges !XC (1) Local SwHching Access Service -Indirect Connection. which is comprised of a) end office switching. b) tandem termination. and c) tandem facility mileage. and (2) SYV Query Charge, as applicable . Additional charges may apply per ILEC tariff for functions perfonned by ILEC Terminatinll Call Flow' D. IXC cleliYeos terminating long distance call to ILEC Access Tandem for rolh1g to CLEC End User C, !LEG Access Tandem routes caB call over Shared Transport 10 GLEC switch A, G.111 is routed to GLEC End User Terminatinll Charo~' .CLEC charges IXC (1) Local SwHching AcoessService-lndirec!Connection. which is comprised of a) end office switohing. b) Tandem Termination. andc)tandem facility mileage . Additional charg~ may apply per ILEC tariff for functions performed by ILEG CC1111IIenlial Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FlUNG SEP 2 0 2010 Boise, Idaho Issued: September 9, 2010 Effective: September 20, 2010 Issued By:Jonathan S. Mitchell, Chief Executive Officer 4001 Weston Parkway Cary, North Carolina 27513 (N) (N)